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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 1 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. 2 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 i Page 858 of 1657 West Avenue Bayfront Overlay D hr, o ii[Il.::r �e = a El RM-2 Llrta!a Rd MA -` RM-1 CD-2 1 Sth St n Y 3 o. Fla.cvngol�ax y,�_ N �r r d i11h St n 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. welo nar at:httos'l/miamibeachtl-aov.zoom.us%d81392857671 or via telephone at 1.301.715.8592(U.S.) To participate oc provide comment virtually during the Commission Meeting,the public may join or 888.475.4499(Toil Free).Webinar ID:813928576711.Members of the public wanting to speak virtually the webinar at httos://miamibeachfkav zaom.us/i/81 3 9 28 5 7 671 or via telephone at 1.301.715.8592 on an Item during the meeting,must click the"raise hand"icon if using the Zoom app or press'9 on (U.S.)or 889.475.4499(Toll Free).Webinar ID:813928579719.Members of the public wanting to speak the telephone to raise their hand. virtually on an Item during the meeting,must click the'raise hand'icon if using the Zoom app or press 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 Emails received will be forwarded to the Mayor and Commissioners and will be included as a part of the subject Ilne.Emails received will be forwarded to the Mayor and Commissioners and will be included meeting record. as a part of the meeting record. Copies of Agenda Items are available for public inspection at httos:/lwww.miamibeach0.aovlcihrhalll Copies of Agenda Items are available for public inspection at:hops:/fwww.ngamibeachfi.apy/eity- cili derk/a0enda-archive-main-pa0e-2/.This meeting,or any Item therein,may be continued,and under halliclluclerk/agenda-archive-main-page-2/.This meeting,or any Item therein,may be continued,and such circumstances,additional legal notice need not be provided. under such circumstances,additional legal notice need not be provided. Pursuant to Section 286.0105,Fla.Stat.,the City hereby advises the public that if a person decides to Pursuant to Section 286.0105,Fta.Stal.,the City hereby advises the public that H a person decides appeal any decision made by the City Commission with respect to any matter considered at its meeting of its to appeal any decision made by the City Commission with respect to any matter considered at its hearing,such person must ensure that a verbatim record of the proceedings is made,which record includes meeting or its hearing,such person must ensure that a verbatim retard of the proceedings is made, the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent which record includes the testimony and evidence upon which the appeal is to be based.This notice 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. To request this material In altemate format,sign language interpreter(five-day notice required), To request this material in aftemale formal,sign language interpreter(ftve-day notice required), information on access lot persons with disabilities,and/or arty accommodation to review any document or Information on access for persons with disabilities,and/or any accommodation to review any document participate in any City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for Spanish, or participate In any City-sponsored proceedings,call 305.604.2489 and select 1 for English or 2 for then option 6:TTY users may call via 711(Florida Relay Service). Spanish,then option 6:TTY users may call via 711(Florida Relay Service). The City Commission Meeting will be broadcast live on Miami Beach TV(MBTV),viewable an The City Commission Meeting will be broadcast live on Miami Beach TV(MSTV),viewable on the the City's website at httos:f/www.miamibeachg.pov/gavemment/mbtvl.as well as on Atlantic Broadband Clty's websile at httos://www.miamibeachfl.ggv/agvemment/mbly/ as well as on Atlantic Broadband Cable channel 660,AT&T U-verse channel 99,Hotwire Communications channel 395,and RDKU device on Cable channel 660,AT&T W+erse channel 99,Hatwire Communications channel 395,and ROKU device PEG.TV channel,and on social media at httos�l]vAwcfacebook.cam/citvofmiamibeach. on PEG.TV channel,and on social media at hnps•//www.facebook eomtcitvofmiamibeach. 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