2004-3434 OrdinanceORDINANCE NO. 2004-3434
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING 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 44TM STREET; AMENDING CHAPTER 130, "OFF-
STREET PARKING," ARTICLE V "PARKING IMPACT FEE
PROGRAM," SECTION 130-131, "GENERALLY," BY INCLUDING AN
EXCEPTION TO THE PARKING IMPACT FEE PROGRAM; PROVIDING
FOR REPEALER, SEVERABILITY, CODIFICATION AND AN
EFFECTIVE DATE.
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 particularly between 41st and 44th Street; and
WHEREAS, the apartment buildings in the RM-2 district in such area are
currently not permitted to have restaurant or retail uses on the ground floor, accessible
from the streets; and
WHEREAS, this proposed amendment accomplishes the above purpose by
allowing limited restaurant and retail uses in such area; and
WHEREAS, the Planning Board, at its meeting of October 28, 2003, by a vote of
5-0, recommended approval of this proposed amendment to the Land Development
Regulations.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, "Zoning Districts and Regulations," Article IV,
"Supplementary District Regulations," Division 2, "Accessory Uses," Section 142-902, of
the Land Development Regulations, are hereby amended to read as follows:
Article IV, Supplementary District Regulations
Division 2. Accessory Uses
Sec. 142-902. PermiEed accessory uses.
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The following are permitted accessory uses:
(1) a.
Hotels not located in the RM-1 or RM-2 district are permitted to have any
accessory use that is customarily associated with the operation of a hotel
or apartment building.
Hotels located in the RM-2 district are permitted to have any accessory
use that is customarily associated with the operation of a hotel or
apartment building, except for dance halls, entertainment establishments,
neighborhood impact establishments, outdoor entertainment
establishments or open air entertainment establishments.
Where permitted, hotels located in the RM-1 district may have accessory
uses based upon the below criteria:
A dining room operated solely for registered hotel visitors and their
guests, located inside the building and not visible from the street,
with no exterior signs, entrances or exits except as required by the
South Florida Building Code.
Other accessory uses customarily associated with the operation of
an apartment building, as referenced in subsection 142-902(2), for
the use of registered hotel visitors and their guests only.
(2) Apartment buildings may have accessory uses based upon the below criteria:
ao
Mechanical support equipment and administrative offices and uses that
maintain the operation of the building.
Washers and dryers shall be located inside a structure or not visible from
a right-of-way.
A dining room which is operated solely for the residents in the building
shall be located inside the building and shall not be visible from the street
with no exterior signs, entrances or exits except for those required by the
South Florida Building Code. However, a dining room shall not be allowed
in the RM-1 district except for those dining rooms associated with adult
congregate living facilities.
Public telephones and vending machines shall only be permitted to be
located inside buildings; however, one public telephone may also be
permitted outside, as long as it is not located in a required front yard,
required side yard facing a street, or on a facade facing a street; the exact
location and manner of placement of all public telephones shall be subject
to design review approval. One automatic teller machine shall be
permitted on the exterior walls of buildings, when associated with an
accessory commercial use allowed under subsection 142-902(2)e.,
except in historic districts. The exact location and manner of placement
for automatic teller machines shall be subject to design review approval.
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(3)
Buildings in the RM-3 and R-PS4 districts may have commercial, office,
eating or drinking uses with access to the street if they are either located
in the ground floor space, subterranean level or in the highest floor of a
building; however, office space, when located on the ground floor, shall
be at least 50 feet from the front property line.
Solarium, sauna, exercise studio, health club or massage service for use
by residents or open to the public by an individual licensed by the state or
other appropriate agencies.
go
Any accessory commercial,-~ uses as permitted herein shall
.-,ct be located on ~.".¥ ficcr, e×ccp, t the lobby or first floor~ where if there
are n__0_o apartment units on such levels. This provision shall not apply to
home based business offices as provided for in section 142-1411.
h. Family day care centers as defined in subsection 142-905(b)(1).
Buildinqs in the RM-2 district in the area bounded by Indian Creek Drive,
Collins Avenue, 41st Street and 44th Street that face the RM-3 district may
have restaurant, coffee house, sundry shops, or food market uses located
in ground floor space not to exceed 70% of the ground floor. These uses
may have direct access to the street. Dance halls, entertainment
establishments, neiqhborhood impact establishments, outdoor
entertainment establishments, or open air entertainment establishments
are not permitted. Outdoor music (including background music) is
prohibited. Any outdoor uses on Indian Creek Drive shall be limited to no
later than 11:00 p.m. Parking requirements for accessory commercial
uses in newly constructed buildings must be satisfied by providing the
required parking spaces, and may not be satisfied by paying a fee in lieu
of providing parking. There shall be no variances from these provisions.
An apartment hotel located on an oceanfront or bayfront lot shall be permitted to
have any accessory use that is commonly associated with a hotel if the use
meets the below criteria and those listed in section 142-901.
Seventy-five percent of the total units shall be hotel rooms or the building
shall contain at least 100 hotel rooms.
b. The registration desk shall be staffed 24 hours per day.
c. Open key and mail compartments for the hotel units.
d. Central telephone switchboard directly connected to the hotel units.
The hotel units shall have independent electrical and water meters from
the apartment units.
The applicant shall provide the city with a listing of the hotel units prior to
the issuance of an occupational license.
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(4)
Office, retail and commercial uses shall be permitted to have the following
accessory uses:
Storage of supplies or merchandise normally carried in stock in
connection with a permitted use.
Accessory off-street parking and loading spaces, subject to applicable
district regulations.
Public telephones and vending machines shall only be permitted to be
located inside buildings; however, one public telephone may also be
permitted outside, as long as it is not located on a facade facing a street;
the exact location and manner of placement shall be subject to design
review approval. Service stations may also have public telephones
outside, but no more than two and at a single location in full view of the
station attendant; the exact location and manner of placement shall be
subject to design review approval. Automatic teller machines shall be
permitted on the exterior walls of buildings. The exact location, number
and manner of placement for automatic teller machines shall be subject to
design review approval.
(5) Industrial accessory uses shall be limited to the following:
Storage of goods used in, or produced by, permitted industrial uses or
related activities.
b. Accessory off-street parking and loading spaces.
SECTION 2. That, Chapter 130, "Off-Street Parking," Article V, "Parking Impact Fee
Program," Section 130-131, "Generally," is hereby amended as follows:
A parking impact fee may be paid to the city in lieu of providing required parking on-site,
or within 1,200 feet of the site in the architectural district or otherwise within 500 feet of
the site, only in the following instances: except that parking requirements for accessory
commercial uses in newly constructed buildings within the Collins Waterfront Historic
District in an area in the RM-2 zoning district that is bounded by 41st Street on the south
and 44th Street on the north shall be satisfied by providinq the required parking spaces,
and may not be satisfied by paying a fee in lieu of providin(~ Darkincl.
SECTION 3. REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
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SECTION 4. SEVERABILITY
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this Ordinance shall become and be made part of
the Code of the City of Miami Beach, Florida. The sections of this Ordinance may be
renumbered or relettered to accomplish such intention, and the word "ordinance" may be
changed to "section," "article," or other appropriate word.
SECTION 6. EFFECTIVE DATE
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 14th day of January
/~EST: ~
ICITY CL~RK
First Reading: December 10, 2003
Second Reading: January 14, 2004
MAYOR
APPROVED AS TO FORM
& LANGUAGE & FOR EXECUTION
City Attorney
Underscore denotes new language
Str .......... u.. denotes deleted language
F:\PLANLSPLB~draft ordinances\1620 -ord RM2 from 41 to 44 St rev4 appr by cc 1st rdg rev 1-5-04.doc
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CITY OF MIAI~II BEACH
COMMISSION ITEM SUMMARY
Condensed Title:
lAn Ordinance of the Mayor and City Commission of the City Of Miami Beach, Florida, amending the Land
Development Regulations of the Code of the City Of Miami Beach, to allow commercial and retail
accessory uses in apartment buildings in the RM-2, Residential Multifamily medium intensity zoning district
and to provide the required parkin~l.
Issue:
Should the City Commission amend the Land Development Regulations to permit commercial/retail
accessory uses in apartment buildings?
Item Summary/Recommendation:
ICurrently 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 adopt the ordinance after the second reading
public hearing.
Advisory 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 City (~ommission approval of this request.
The Land Use and Development Committee discussed this item at its December 8, 2003 meeting and
deferred the item for discussion by the full Commission.
Financial Information:
Source of Amount Account Approved
Funds: 1
2
3
4
Finance Dept. Total
City Clerk's Office Legislative Tracking:
LMercy Lamazares/Jorge G. Gomez, Planning Department
Sign-Offs:
Department Director Assistant City Manager City Manager
T:~,GENDA~2004\Jan1404\Regular~1620 - RM2 2nd rdg 1-14-04 sum.doc
DATE
To:
From:
Subject:
COMMISSION MEMORANDUM
Mayor David Dermer and
Members of the City Commission
Date: January 14, 2004
Jorge M. Gonzalez (~
City Manager /~/)~/- ~ Second Reading Public Hearing
Amendment to allow commercial and retail accessory uses in apartment buildings in
the RM-2, Residential Multifamily medium intensity zoning district.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING 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 44TM
STREET; AMENDING CHAPTER 130, "OFF-STREET PARKING,"
ARTICLE V "PARKING IMPACT FEE PROGRAM," SECTION 130-131,
"GENERALLY," BY INCLUDING AN EXCEPTION TO THE PARKING
IMPACT FEE PROGRAM; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance.
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
Commission Memorandum
First reading Public Hearing - Amendment to accessory uses in RM-2 district.
January 14, 2004
Page 2
buildings within the RM-2 zoning district, where such district fronts upon an adjacent RM-3
zoning district.
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 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.
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 revised ordinance limits the affected area in the
RM-2 zoning district along Collins Avenue, between 26th Street to 44th Street only to
extend from 41st Street to 44th Street. This area directly fronts upon the RM-3 zoning
district, and 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 also contain accessory commercial uses on the ground floor.
Of concern 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 should 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.
The revised ordinance proposes to limit 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. In
addition, after discussions with the Planning Department staff, the applicant included a
Commission Memorandum
First reading Public Hearing - Amendment to accessory uses in RM-2 district.
January 14, 2004
Page 3
provision in the proposed ordinance that requires all new construction to provide all the
required parking instead of paying a fee in lieu of providing the parking. The area that
would be affected by the 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 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 in a
historic district, the revised ordinance contains a cross-reference to Section 130-131
relative to providing all the required parking rather than paying a fee. 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.
LAND USE COMMITTEE
This matter was discussed by the Land Use and Development Committee at its December
8, 2003 meeting, and was deferred for discussion to the full Commission,
CITY COMMISSION ACTION
At its December 10, 2003 meeting, the Commission approved the ordinance on first reading
subject to the following amendment:
Any outdoor uses on Indian Creek will be limited to 11:00 p.m.
No variances from this provision.
CONCLUSION
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
Commission Memorandum
First reading Public Hearing - Amendment to accessory uses in RM-2 district.
January 14, 2004
Page 4
adopt the ordinance by an affirmative vote of five-sevenths of all members of the City
Commission.
JMG/C~C/JGG/ML
T:~AGENDA~2004\Jan 1404\RegularS1620 - RM2 amdn 2nd rdg 1-14-04.doc
Commission Memorandum
First reading Public Hearing - Amendment to accessory uses in RM-2 district.
January 14, 2004
Page 5
LAND USE STUDY OF THE BOUNDARIES OF
THE RM-2 DISTRICT FROM 26TH TO 44TM STREETS.
Units $ 411& dl~ 4(]
Starting at ~'~'~
CITY OF MIAMI BEACH
NOTICE OF PUBLIC
HEARING
The City of Miami Beach proposes to adopt
the following ordinance:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING 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;
AMENDING CHAPTER 130, "OFF-STREET PARKING,"
ARTICLE V "PARKING IMPACT FEE PROGRAM," SECTION
130-131, "GENERALLY," BY INCLUDING AN EXCEPTION TO
THE PARKING IMPACT FEE
PROGRAM; PROVIDING FOR
REPEALER, SEVERABILITY,
CODIFICATION AND AN
EFFECTIVE DATE.
A public hearing on the
ordinance will be held on
January 14, 2004 at 5:01
p,m. in the City Commission
Chambers, Third Floor, City
Hall, 1700 Convention Center
Drive, Miami Beach, Florida.
All persons are invited to
appear at this meeting or be
represented by an agent, or
to express their views in
writing addressed to the City
Commission c/o the City
Clerk's Office, 1700
Convention Center Drive, 1st
Floor, City Hall, Miami Beach,
Florida 33139.
Pursuant to Section 286.0105, Fla. Stat., the City hereby
advises the public that: If a person decides to appeal any
decision made by the City Commission with respect to any
matter cons dersd at ts meeting or its hearing, such person
must ensure that a verbatim record of the proceed ngs is
made, which record includes the testimony and evidence
upon which the appeal is to be based. This notice does not
constitute consent by the City for the introduction or
admission of otherwise inadmissible or irrelevant evidence,
nor does it authorize challenges or appeals not otherwise
allowed by law. To request this material in accessible format,
sign language interpreters, information
on access for persons with disabilities,
and/or any accommodation to review Miami Beach
any document or participate in any ~
city-sponsored proceeding, please ~m~aC~
contact 305-604-2489 (voice), 305- iiii
673-7218 OTY) five days in advance to . ~ ~
initiate your request. TrY users may -.
also call 711 (Florida Relay Service)
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