2003-25403 Reso
RESOLUTION NO. 2003~25~03
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING
TO CONSIDER AN AMENDMENT TO THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 2, "ACCESSORY USES," SECTION 142-902
"PERMITTED ACCESSORY USES", PERMITTING COMMERCIAL
USES IN APARTMENT BUILDINGS IN THE RM-2 DISTRICT
BOUNDED BY INDIAN CREEK DRIVE, COLLINS AVENUE, 41sT
STREET AND 44TH STREET.
WHEREAS, the City of Miami Beach Land Development Regulations contain an article
for accessory uses; and
WHEREAS, the City desires to activate the greenway along the Indian Creek Waterway
with pedestrian uses; and
WHEREAS, the apartment buildings in the RM-2 district are currently not permitted to
have restaurant or retail uses on the ground floor, accessible from the streets; and
WHEREAS, the City desires to promote pedestrian activity along Indian Creek,
particularly between 41 sl and 441h Street; and
WHEREAS, the Planning Board, at its meeting of October 28,2003, by a vote of5-0,
recommended approval of this proposed amendment to the Land Development Regulations.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA THAT a first reading
public hearing is hereby set to be held before the City Commissionon December 10, 2003.
PASSED AND ADOPTED this 25 day of
MAYOR
ATTEST:
~rr~
CITY CLERK
APPROVED AS TO FORM
& LANGUAGE & FOR EXECUTION
At( /1JOdL-
~ City Attorney
U" If- O'Y
Date
F:\PLAN\$PLB\draft ordinances\l620 - reso set publ hrg - RM2 from 26 to 44 St rev l.DOC
CITY OF MIAMI BEACH
COMMISSION ITEM SUMMARY
m
Condensed Title:
A resolution setting a public hearing to consider an amendment to the Code, by amending chapter 142,
"Zoning Districts and Regulations," Article IV, "Supplementary District Regulations," Division 2, "Accessory
Uses," section 142-902 "Permitted Accessory Uses," permitting commercial uses in apartment buildings in
the RM-2 district bounded by Indian Creek Drive, Collins Avenue, 41 st Street and 44th Street, and referring
the matter to the Land Use and Develooment Committee.
Issue:
Should the City Commission amend the Land Development Regulations to permit commercial/retail
accessory uses in apartment buildings?
Item Summa IRecommendation:
Currently the City Code does not permit accessory commercial/retail uses in apartment buildings in the
RM-2 zoning district, but they are permitted in hotels.
The Administration recommends that the City Commission refer the matter to the Land Use and
Develo ment Committee and set a first readin ublic hearin for the December 10, 2003 meetin .
Adviso Board Recommendation:
The Planning Board heard this matter at a public hearing on October 28, 2003. The Board voted 5-0 (2
members absent to recommend to the Ci commission a roval of this re uest.
Financial Information:
Source of
Funds:
D
Finance Dept.
Ci Clerk's Office Le islative Trackin :
Mercy Lamazares/Jorge G. Gomez, Planning Department
T:\AGENDA\2003\nov2503IconsenI\1620 - RM2 amend sum.doc
AGENDA ITEM C 7 J
DATE //o?~-o3
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
www.miamibeachfl.gov
From:
COMMISSION MEMORANDUM
Mayor David Dermer and Date: November 25, 2003
Members of the City Commission
Jorge M. Gonzalez \ AA../
City Manager 0 ~- a
Setting of Public Hearing and Referral to the land Use and Development Committee -
amendment to the land Development Regulations to allow commercial and retail
Accessory Uses in apartment buildings in the RM-2, Residential Multifamily Medium
Intensity Zoning District.
To:
Subject:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER AN AMENDMENT TO THE CODE OF THE CITY OF MIAMI
BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV, "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 2, "ACCESSORY USES," SECTION 142-902
"PERMITTED ACCESSORY USES," PERMITTING COMMERCIAL USES
IN APARTMENT BUILDINGS IN THE RM-2 DISTRICT BOUNDED BY
INDIAN CREEK DRIVE, COLLINS AVENUE, 41ST STREET AND 44TH
STREET, AND REFERRING THE MATTER TO THE LAND USE
COMMITTEE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission refer this matter to the Land
Use and Development Committee and set a first reading public hearing for December 10,
2003.
BACKGROUND
The applicant, 4360 Collins, LLC, is constructing a new 8-story residential apartment
building at 4360 Collins Avenue. Their building site is located in the RM-2 Residential
multifamily medium intensity zoning district, between Collins Avenue on the east and
Indian Creek Drive on the west. During the design review process, the Historic
Preservation Board recommended that the proposed apartment building incorporate
commercial uses on the ground floor in order to provide an active pedestrian environment
along the building frontage. However, while commercial/retail uses are permitted as
accessory uses in apartment buildings in the RM-3 zoning district, the same is not true in
the RM-2 district.
The applicant subsequently made application to change the text of the Miami Beach Land
Development Regulations, in order to permit accessory commercial uses in apartment
buildings within the RM-2 zoning district, where such district fronts upon an adjacent RM-3
zoning district.
Commission Memorandum
Referral to the Land Use Committee and set first reading public hearing
Amendment to accessory uses in RM-2 district.
November 25, 2003
Page 2
Currently, accessory commercial uses are permitted along the first floor frontages in
buildings located in the RM-3 districts. The proposed amending ordinance would broaden
this to allow accessory commercial uses along the first floor frontages of apartment
buildings in the RM-2 zoning district, when the site is directly adjacent to an RM-3 zoning
district but only in the area that is bounded by 41st Street on the south, 44th Street on the
north, Collins Avenue on the east and Indian Creek Drive on the west - an area that may
be able to support such uses. For the Commission's information, page 4 of this
Memorandum contains a land use map for the entire corridor comprising the RM-2 zoning
district from 26th Street to 44th Street. The commercial uses would be located in ground-
floor space not to exceed 70% of the ground floor and have direct access to the street.
The applicant is also proposing to limit the commercial uses to eating and drinking
establishments and sundry shops or markets, but prohibit dance halls, entertainment
establishments and outdoor music, including background music. In addition, the proposed
ordinance also contains a provision whereby new construction would have to provide all
the required parking even when located in historic districts.
It should be noted that a similar provision for commercial uses currently exists in the City
Code, whereby stand-alone parking garages in the RM-2, when fronting an RM-3 district
may contain first floor accessory commercial uses.
ANALYSIS
The applicant applied for this proposed amendment to the Land Development Code in
order to accommodate the request of the Historic Preservation Board to incorporate
commercial uses on the ground floor of their proposed project, in order to provide an
active pedestrian environment along the building frontage. Planning Department staff
worked with the applicant to help craft a proposed ordinance that would be limited in
scope to a specified area within Miami Beach. The applicant's proposed ordinance
included the entire RM-2 zoning district that is along the west side of Collins Avenue,
between 26th Street to 44th Street. This area is characterized by medium-intensity
apartment and hotel development. The adjacent RM-3 district across the street contains
high-intensity hotels and apartment buildings, some of which contain accessory
commercial uses on the ground floor.
Of concem to staff was the potential for the accessory commercial uses to be disruptive to
single-family homes located across the Indian Creek Waterway from the subject area.
Therefore, it was suggested to limit these uses to the frontage facing Collins Avenue,
away from the Creek and abutting residences. The improved pedestrian environment
created along the Collins Avenue corridor would benefit the area, without resulting in
negative impacts to surrounding properties. However, at the September 2003 meeting,
the Planning Board believed that allowing the commercial uses on the Indian Creek Drive
portion of the district would enliven the area and would start creating a better pedestrian
experience.
Commission Memorandum
Referral to the Land Use Committee and set first reading public hearing
Amendment to accessory uses in RM-2 district
November 25, 2003
Page 3
The revised ordinance proposes to limit the affected area in this RM-2 zoning district only
from 41st Street to 44th Street. In addition, the proposed ordinance also limits the
commercial uses to eating and drinking establishments, but would prohibit dance halls and
all kinds of entertainment establishments; it would also prohibit outdoor music, including
background music. Moreover, after discussions with the Planning Department staff, the
applicant included a provision in the proposed ordinance that requires all new construction
within the affected area to provide all the required parking instead of paying a fee in lieu of
providing the parking.
The area that would be affected by this amendment is within a historic district, and as
such, Section 130-131 of the Code provides for a fee payment in lieu of providing the
parking. Notwithstanding the provisions of the City Code, the Administration believes that
when a new building is designed such as what is being proposed in this district, the
required parking should be incorporated within. It is a well-known fact that there is a
parking shortage in this area and the provision of all the required parking would
tremendously improve the deficit. Another reason for this provision is that when allowed,
these commercial uses in the RM-2 are accessory to a parking structure and therefore all
of the parking is provided.
With regard to the provision of all required parking in this particular RM-2 district within a
historic district, it is suggested that a cross-reference to Section 130-131 relative to
providing all the required parking rather than paying a fee be included as part of the
proposed ordinance. This clarifying amendment would ensure clarity when reading a
separate section of the City Code.
PLANNING BOARD ACTION
The Planning Board heard this matter at a public hearing on October 28,2003. The Board
voted 5-0 (2 members absent) to recommend to the City Commission approval of this
request.
CONCLUSION
The Administration recommends that the City Commission refer this matter to the Land
Use and Development Committee and set a first reading public hearing for December 10,
2003.
When the proposed amendment changes the actual list of permitted, conditional or
prohibited uses within a zoning category the City Commission shall hold two advertised
public hearings on the proposed ordinance. At least one hearing shall be held after 5:00
p.m. The first public hearing shall be held at least seven days after the day that the first
advertisement is published. The second public hearing shall be held at least ten days after
the first hearing and shall be advertised at least five days prior to the public hearing.
Immediately following the public hearing at the second reading, the City Commission may
adopt the ordinance by an affirmative vote of five-sevenths of all members of the City
Commission.
Commission Memorandum
Referral to the Land Use Committee - Amendment to accessory uses in RM-2 district.
November 25. 2003
Page 4
LAND USE STUDY OF THE BOUNDARIES OF
THE RM-2 DISTRICT FROM 26TH TO 44TH STREETS.
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FILE # 1620
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