HomeMy WebLinkAboutOrdinance 2021-4443 West Avenue Bay Front Overlay--Bed A Breakfast Prohibition
ORDINANCE NO. 2021-4443
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA,AMENDING THE CODE
OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED
"LAND DEVELOPMENT REGULATIONS," BY AMENDING
CHAPTER 142, ENTITLED "ZONING DISTRICTS AND
REGULATIONS," ARTICLE III, ENTITLED "OVERLAY
DISTRICTS," DIVISION 5, ENTITLED _"WEST AVENUE BAY
FRONT OVERLAY," TO REMOVE BED AND BREAKFAST INNS
AS ALLOWABLE USES IN THE WEST AVENUE BAY FRONT
OVERLAY;AND PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the West Avenue neighborhood is primarily comprised of residential uses;
and
WHEREAS, Objective RLU 1.3, entitled "Land Use Compatibility," of the Resilient Land
Use and Development Element of the City's 2040 Comprehensive Plan provides that "[I]and
development regulations will be used to address the location, type, size, and intensity of land uses
and to ensure adequate land use compatibility between residential and non-residential land uses";
and
WHEREAS, the Mayor and City Commission desire to encourage uses that are
compatible with the low-scale character of the West Avenue neighborhood; and
WHEREAS, Division 5 of Article III of Chapter,142 of the City Code sets forth zoning
regulations for the West Avenue Bay Front Overlay district; and
WHEREAS, transient uses, like bed and breakfast inns, hotels, apartment hotels, and
suite hotels can be incompatible with low-scale residential neighborhoods; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. Chapter 142, entitled "Zoning Districts and Regulations" is amended, as follows:
CHAPTER 142. ZONING DISTRICTS AND REGULATIONS
ARTICLE III. OVERLAY DISTRICTS
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DIVISION 5. WEST AVENUE BAY FRONT OVERLAY
Sec. 142-842. Location and purpose.
(d) The overlay regulations of this division relating to residential offices^r herl -r,rf hre,4fa6+
shall only apply to existing low scale properties, which were designed and constructed to,be
no more than three stories in height and are located in the subject overlay district.
Sec. 142-843. Compliance with regulations.
(a) The following overlay regulations shall apply to those areas of the subject district which have
an underlying zoning designation of(RM-1) Residential Multifamily Low Intensity and (RM-2)
Residential Multifamily Medium Intensity. In particular, the overlay regulations shall allow the
additional main permitted uses specified in this division, in the RM-1 and RM-2 of the subject
area only if all the required criteria herein have been satisfied.
(b) As specified in chapter 118, article VI, design review regulations, applications for a building
permit shall be reviewed and approved in accordance with design review procedures.
(c) The rResidential offices nr bed and breakfast ;n may only be permitted in structures that
have been rehabilitated in general accordance with the U.S. Secretary of the Interior's
standards for rehabilitation of historic buildings as determined by the planning director or his
designee, or in buildings that have been substantially rehabilitated or where a request for a
building permit will result in the building being substantially rehabilitated.
(d) All development regulations and setback requirements in the underlying land-use zoning
district shall remain. However, a residential office ^r hed and hrea;LfRct inn may only be
established where:
(1) Demolition to the original building envelope does not exceed ten percent of the area of
the original building lot coverage. At-grade additions that demolish or conceal primary
facades (i.e., main entry porticoes and facades facing a street) shall not be permitted.
(2) The area of rooftop additions to existing multi-family structures does not exceed 50
percent of the area of the original floor immediately below. Such rooftop additions shall
be set back a minimum of 15 feet from the facade of the existing building fronting a
primary public-right-of-way with an established street wall.
(3) The area of rooftop additions to existing single-family structures does not exceed 50
percent of the area of the original lot coverage of the structure. The maximum height of
the altered main structure shall not exceed '/z the original lot width up to a maximum of
33 feet.
(4) On sites where unity of title has combined two or more lots, the original rear setbacks for
the main structure shall conform to the underlying zoning regulations. However, building
additions may encroach into side setbacks which have become internal to the parcel. In
addition to the allowable encroachments as outlined in section 142-1132, loggias
(covered walkways), gazebo structures and pools may encroach into original rear and/or
side setbacks that have become internal to the assembled lot.
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Sec. 142-845. Qer, and Breakfast inn Overlay A. ,. Legal Non-Conforming and Other
Transient Uses.
(a)
of existing single family Fesidential StFUGWFes as of(the effeGtive date of this eFdinafiGe)
to _RIlo,M for ledgiRg and nest amenities as main permitted us
Bed and breakfast inns, suite hotels and hostels shall be prohibited in the subject overlay
area.
Existing, legal non-conforming suite hotels and bed and breakfast inns, located withinAhe
overlay, shall not be permitted to expand any existing structure, operation, or building
footprint, in any manner whatsoever. Additionally, such legal non-conforming uses shall
adhere to the following regulations:
(1) Accessory uses, including, but not limited to, dining halls, restaurants, cafes, retail,
personal service, alcoholic beverage establishments, dance halls, entertainment
establishments, neighborhood impact establishments, outdoor entertainment
establishments, and open air entertainment establishments shall be prohibited.
Rent breakfast inns in the Overlay AreR_ shWI net he nermi#er7 to have rhnne halls
/Jinni t blishm n bborboor� n�nt establishm s e��tdoor
enter# ep�estan„�„�,er�t r<e►gr, �► , � .�,n,et�,— ter
entertainment establishments or anon air entertainment establishments
(2) The building identification sign for a bed and breakfast inn shall be the same as
allowed for an apartment building in the underlying zoning district in which it is located.
(3) The building(s) shall have central air conditioning or flush-mounted wall units;
however no air conditioning equipment may face a street or the Bay.
(4) The maximum amount of time that any person other than the owner may stay in a bed
and breakfast inn during a one-year period shall not exceed six months.
{ (c) Existing, legal non-conforming bBed and breakfast inns are permitted only in exit+inn
cinnle_family strUGt Ures as of (the effective date of this seGtion) and shall be subject to the
following conditions:
(1) The owner/operator of the bed and breakfast inn shall permanently reside in the structure.
(2) The structure shall have originally been constructed as a single-family residence.' The
structure may have original auxiliary structures such as a detached garage or servanfs
residence that may or may not be used as part of the inn.
(3) The structure shall maintain main public rooms (living room/dining room) for use of the
guests.
3
(4) Original auxiliary structures, such as detached garages and servants' residences, may
be converted to guestrooms or other appropriate use. New bedrooms constructed shall
have a minimum size of 200 square feet and shall have a private bathroom.
(5) There shall be no cooking facilities/equipment in guestrooms. One small refrigerator with
maximum capacity of five cubic feet shall be permitted in each guestroom. All cooking
equipment, which may exist, shall be removed from the structure with the exception of
the single main kitchen of the house.
(6) The bed and breakfast inn may serve meals to registered guests and their visitors only.
Permitted meals may be served in common rooms, guestrooms or on outside terraces
(see subsection 142-1401(9)). The meal service is not considered an accessory use and
is not entitled to an outside sign.
(7) Permitted meals may be served in areas outside of the building under the following
conditions:
a. The area shall be landscaped and reviewed under the design review process.
Landscape design shall effectively buffer the outdoor area used for meals from
adjacent properties and the street.
b. All meals served outdoors shall be prepared for service from inside facilities. Except
for the use of a barbecue, all outdoor preparation, cooking as well as outdoor
refrigeration and storage of food and beverages shall be prohibited.
(d)Hostels shall pFehihited within the s �jeGt evCday area.
Sec. 142-846. Off-street parking regulations.
(c) Parking impact fee program exemption. Residential offices, and bed and breakfast inner• as
outlined in sections 142-844 and 142-Q45 of this division shall be exempt from the off-street
parking requirements as outlined in sections 130-130-130-132.
SECTION 2. 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 re-
lettered to accomplish such intention, and, the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
SECTION 3. REPEALER.
All ordinances or parts of ordinances in conflict herewith are hereby repealed.
4
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. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this /7 day of .5e -ern btu-- , 2021.
ATTEST:
SEP Dan Gelber, Mayor
Rafae E. Granado, City Clerk �P.. """" F,q`^
PPROVED AS TO FORM AND
INCORP 0 R A f_D.
NGUAGE AND FOR EXECUTION
RCH 20 —�—�-
City Attorney MDate
First Reading: July 28, 2021
Second Reading: ptember 7, 2 21
Verified By:
V
Thomas R. Mooney, AICP
Planning Director
T:Wgenda\2021\10_July 28\Planning\West Avenue Overlay-Bed and Breakfast Provision-First Reading ORD.docx
5
Ordinances - R5 G
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: September 17, 2021
5:10 p.m. Second Reading Public Hearing
SUBJECT:WEST AVENUE BAY FRONT OVERLAY - BED & BREAKFAST
PROHIBITION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF
MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT
REGULATIONS," BY AMENDING CHAPTER 142, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE III, ENTITLED OVERLAY
DISTRICTS," DIVISION 5, ENTITLED "WEST AVENUE BAY FRONT
OVERLAY" TO REMOVE BED AND BREAKFAST INNS AS ALLOWABLE
USES IN THE WEST AVENUE BAY FRONT OVERLAY, AND PROVIDING
FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE
DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On March 17, 2021, at the request of Commissioner Mark Samuelian, the City Commission
referred a discussion item to the Land Use and Sustainability Committee (LUSC) pertaining to
the prohibition of Bed and Breakfast establishments in the West Avenue Overlay (Item C4 E).
On April 29, 2021, the LUSC recommended that the attached Ordinance be referred to the
Planning Board. On May 12, 2021,the City Commission referred the attached Ordinance to the
Planning Board (Item C4 F).
ANALYSIS
BACKGROUND
The West Avenue Bayfront Overlay District is comprised of RM-1, residential multifamily low
intensity and RM-2, residential multifamily medium intensity zoning districts (see attached
overlay map). There are no historic districts or individually designated historic sites with the
overlay district.
The City Commission adopted the Overlay District on June 19th, 2002 (Ord. No. 2002-3374).
The primary reason for the creation of the overlay was to preserve the character and quality of
the neighborhoods surrounding West Avenue, which was being impacted by infill development
Page 856 of 1657
that did not reflect the cohesive low scale character of the area. The subject overlay, by
expanding the list of main permitted uses for existing low-scale buildings in the neighborhood to
include offices, suite hotels and bed and breakfast inns, created incentives to retain and
adaptively re-use existing single family and/or multifamily buildings that are no more than three
(3) stories in height.Additionally, the parking regulations were modified to include the allowance
for a limited number of parking spaces within required front yards.
On October 16, 2013, the City Commission adopted Ordinance No. 2013-3820, prohibiting
hotel uses within the West Avenue area. This applies to the properties zoned RM-2 and RM-3.
Elsewhere in the City, hotels are a main permitted use within RM-2 and RM-3 zoning districts.
Separate from the West Avenue Overlay District there are citywide regulations pertaining to bed
and breakfast inns. When the West Avenue Overlay District was created in 2002, more specific
regulations for bed and breakfast inns were included,which were tailored for the neighborhood.
PLANNING ANALYSIS
Prior to the creation of the West Avenue Overlay District, hotels, apartment-hotels, and suite
hotels were permitted uses in the RM-2 and RM-3 zoning districts in the neighborhood. In the
RM-1 zoning district before the overlay, and within the subject area, only single-family homes,
townhomes, apartments and bed and breakfast inns were permitted. In 2002, the creation of the
West Avenue Overlay District expanded the list of main permitted uses within the RM-1 zoning
district to include suite hotels and offices consistent with the regulations for the RO, residential
office zoning district.
On October 14, 2020, the City Commission adopted Ordinance No. 2020-4364, which
removed suite hotels as an allowable use within the overlay. Currently, office and bed &
breakfast (single family homes) may be introduced as part of the renovation of existing
structures in the overlay. The April 29, 2021, discussion before the LUSC pertained to bed and
breakfast inns within the overlay, and concerns expressed by area residents regarding the
number of guests staying at these establishments. The LUSC endorsed the attached draft
Ordinance that would prohibit any future bed and breakfast inns within the overlay.
Removing bed and breakfast inns from the list of incentives for the adaptive re-use of existing
single-family homes in the neighborhood could result in more demolition of such structures and
the replacement with larger buildings, up to the maximum FAR allowed in the underlying zoning
district. For the RM-1 zoned properties, a maximum FAR of 1.25 is permitted, with a maximum
height of up to 55 feet, and for the RM-2 zoned properties, a maximum FAR of 2.0 is permitted
with a maximum height of 65 feet.
The Administration has no objection to the prohibition of future bed and breakfast inns within the
West Avenue Overlay, as the transient nature of the use has created issues and concerns for
area residents. Additionally, the eligible properties in the overlay, which consist of a limited
number of existing single-family homes, are already vulnerable to flooding and will likely be
replaced in the future.
PLANNING BOARD REVIEW
On June 22, 2021, the Planning Board held a public hearing and transmitted the Ordinance to
the City Commission with a favorable recommendation by a vote of 4-1.
UPDATE
Page 857 of 1657
On July 28, 2021 the City Commission approved the subject Ordinance at First Reading, with
no changes.
SUPPORTING SURVEY DATA
Improve and Enhance Residents Quality of Life
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Applicable Area
South Beach
Is this a"Residents Right Does this item utilize G.O.
to Know" item, pursuant to Bond Funds?
City Code Section 2-14?
Yes No
Legislative Tracking
Planning
Sponsor
Commissioner Mark Samuelian
ATTACHMENTS:
Description
❑ Overlay MAP
❑ Form Approved ORD
❑ Ad
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Page 858 of 1657
West Avenue Bayfront Overlay
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Page 859 of 1657
ZONE I NEIGHBORS I I SUNDAY AUGUST Z9 2021
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
ORDINANCE PROHIBITING APARTMENT HOTELS ORDINANCE AMENDING THE CODE RELATED TO THE
IN THE R-PSi AND R-PS2 DISTRICTS WEST AVENUE BAY FRONT OVERLAY ON BED AND
SEPTEMBER 17,2021 CITY COMMISSION MEETING BREAKFAST PROHIBITION
On September 17,2021,the City of Miami Beach will host a Hybrid Commission Meeting.During SEPTEMBER 17, 2021 CITY COMMISSION MEETING
the Hybrid Commission Meeting,the City Commission will be physically present in a socially distanced
manner in the Commission Chamber,Miami Beach City Hall,1700 Convention Center Drive,3rd Floor, On September 17,2021.the City of Miami Beach will host a Hybrid Commission Meeting.During
Miami Beach,FL 33139.The public is encouraged to attend the meeting virtually(as provided below). the Hybrid Commission Meeting,the Oily Commission vdp be physically present in a socially distanced
However,members of the public who wish to attend the meeting or provide public comment in person may manner in the Commission Chamber,Miami Beach City Hall,1700 Convention Center Drive,3rd Floor,
appear at the Commission Chamber.Members of the public are required to wear facial coverings(pursuant to Miami Beach,FL 33139.The public is encouraged to attend the meeting virtually(as provided be(owl.
City of Miami Beach Resolution 2021.31825)and observe social distancing consistent with CDC guidance However•members o(lhe public who wish to attend the meeting or provide public comment in person
to limit the Spread of COVID-19. may appear at the Commission Chamber.Members of the public are required to wear facial coverings
(pursuant to CRY of Miami Beach Resolution 2021-31825)and observe social distancing consist with
To participate or provide comment virtually during the Commission Meeting,the public may join the CDC guidance to limit the spread of COVIO-19.
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NOTICE IIS HEREBY GIVEN that the following Public Hearing will be heard by the Mayer and City 19 on the telephone to raise their hand.
Commissioners of the City of Miami Beach,Florida,On September 17.2021 at 10:25 a.m.or as soon NOTICE IS HEREBY GIVEN that the following Public Hearing will be heard by the Mayor and City
thereafter as the matter can be heard: Commissioners of the City of Miami Beach,Florida,on September 17,2021 at S:10 p.m,or as soon
lIP25 a.m.that Readlne PuWlckadne thereafter as the matter can be heard:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, 5,10 a.m.Second Rendino Public Hearino
AMENDING THE CODE OF THE CITY OF MIAMI BEACH,SUBPART B.ENTITLED"LAND DEVELOPMENT AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,
REGULATIONS,"BY AMENDING CHAPTER 142 OF THE CITY CODE ENTITLED"ZONING DISTRICTS FLORIOA,AMENDING THE CODE OF THE CITY OF MIAMI BEACH,SUBPART R.ENTITLED-LAND
AND REGULATIONS,"ARTICLE II,ENTITLED"DISTRICT REGULATIONS,"DIVISION 18,ENTITLED"PS DEVELOPMENT REGULATIONS,'BY AMENDING CHAPTER 142.ENTITLED'ZONING DISTRICTS
PERFORMANCE STANDARD DISTRICT,'BY AMENDING SECTION 142-693, ENTITLED"PERMITTED AND REGULATIONS;ARTICLE III,ENTITLED'OVERLAY DISTRICTS,"DIVISION 5,ENTITLED'WEST
USES,"TO PROHIBIT APARTMENT HOTELS IN THE R-PS1 AND R-PS2 DISTRICTS,PROVIDING FOR AVENUE BAY FRONT OVERLAY,'TO REMOVE BED AND BREAKFAST INNS AS ALLOWABLE USES
CODIFICATION,REPEALER,SEVERABILITY,AND AN EFFECTIVE DATE.This Ordinance is being heard IN THE WEST AVENUE BAY FRONT OVERLAY:AND PROVIDING FOR REPEALER,CODIFICATION,
pursuant to Section 118.164 of the Citys Land Development Co*.inquiries may be&retied to the SEVERABILITY,AND AN EFFECTIVE DATE.This Ordinance is being heard pursuant to§119.164 of the
Planning Department at 305.673.7550. City's Land Development Code.Inquiries may be directed to the Planning Department at 30S.673.755o.
INTERESTED PARTIES are invited to take part in this meeting or be represented by an agent.The public INTERESTED PARTIES are invted to lake part in this meeting or be represented by an agent.The
may submit written comments by sending an email to:CltvClerk(Pmiamibeach8.0gy by 5:00 p.m.the day public may submit written comments by sending an email to:CtlyClerk9mlamibeaghfIl by 5:00 p.m.
before the City Commission Meeting.Please identify the Agenda Item Number in the email subject line. the day before the City commission Meeting.Please identify the Agenda Item Number In the email
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by the City for the introduction or admission of otherwise inadmissible or Irrelevant evidence,nor does it does not constitute consent by the City for the introduction or admission of otherwise Inadmissible or
authorize challenges or appeals not otherwise allowed bylaw. irrelevant evidence,nor does It authorize challenges or appeals not otherwise allowed by law.
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n h 1p+/�t I Rafael E.Granado,City Clerk
I�"�!,Y 1,! BEACH City of Miami Balch i f�,�•�j[ /� /'` Rafael I—Granado,City Clerk
CiiWerk@miamibeachf1 v r`•''t i n„'V`•i D L AC 1 City of Miami Beach
CilvGlerlt£miami beache.gav
305.673.7411 3D5.673.7411
AD:09172021-05 R-PS Bletrieta AD:09172021-04 West Ave
Page 865 of 1657