HomeMy WebLinkAboutOrdinance 2021-4448 Prohibition on Apartment Hotels in R-PS1 and R-PS2 Districts
ORDINANCE NO. 2021-4448
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 OF THE CITY CODE ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT
REGULATIONS," DIVISION 18, ENTITLED "PS PERFORMANCE STANDARD
DISTRICT," BY AMENDING SECTION 142-693, ENTITLED "PERMITTED
USES," TO PROHIBIT APARTMENT HOTELS IN THE R-PS1 AND R-PS2
DISTRICTS; AND PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY, AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach (the "City") has the authority to enact laws which
promote the public health, safety and general welfare of its citizens; and
WHEREAS, currently, the R-PS1 and R-PS2 district regulations prohibit hotels, suite
hotels, hostels, and short-term rentals; however, apartment hotels are permitted; and
WHEREAS, the City Commission desires to reduce impacts of transient uses in the R-
PS1 and R-PS2 districts; and
WHEREAS, accordingly, this Ordinance conforms regulations on apartment hotels with
existing regulations on other transient uses in these districts; 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, "Zoning Districts and Regulations," at Article Il, entitled "District
Regulations,"at Division 18, entitled"PS Performance Standard District"of the Land Development
Regulations of the Code of the City of Miami Beach, Florida is hereby amended as follows:
CHAPTER 142
ZONING DISTRICTS AND REGULATIONS
ARTICLE II. — DISTRICT REGULATIONS
DIVISION 18. — PS PERFORMANCE STANDARD DISTRICT
1
Sec. 142-693. Permitted uses.
(a) The following uses are permitted in the performance standard districts:
General Use R-PS R-PS C-PS RM-PS1
Category 1, 2 3, 4 1, 2, 3, 4
Single-family; townhome; p PApartment
apartment; apartment P P hotel
hotel pursuant to section Apartment hotel
142-1105 of this chapter not permitted not
permitted
Hotel and suite hotels
pursuant to section 142- N P P N
1105 of this chapter
Not
permitted
jHostel, pursuant to in section 142-1105 of this N N C-PS2;
S2; N
chapter Permitted
in C-PS3
and C-
PS4
I
1
P
Commercial N N P 8% of
floor area
I
C
Institutional C C C 1.25% of
floor area
l
Accessory outdoor bar
counters, provided that
the accessory outdoor
bar counter is not P*
operated or utilized N N North of N
between midnight and 5th Street
8:00 a.m.; however, for only.
an accessory outdoor bar
counter which is adjacent
to a property with an
1
2
apartment unit, the
accessory outdoor bar
counter may not be
operated or utilized
between 8:00 p.m. and
8:00 a.m.
Entertainment
establishments, outdoor
entertainment N N N N
establishments, and
open air entertainment
+establishments
i
N
However, in the R-PS4
district, this use is
permitted, as an
accessory use in
oceanfront hotels with
250 or more hotel units,
as a conditional use.
Access to the
establishment entrance
shall be only from the
interior lobby of the
hotel and not from the
Neighborhood impact N street. In addition, in C N
establishments the R-PS4 district, this
use is also permitted as
an accessory use to an
oceanfront apartment
building with more than
300 units that is
adjacent to a park, as a
conditional use,
provided that the
accessory use is
located in a separate
building from the
primary use, and the
accessory use is a
3
minimum of 8,000
square feet in size.
P*
Alcoholic beverage
establishments
pursuant to the
Accessoryregulations set P* P* P*
forth in chapter 6
are prohibited in
the RPS-1 district,
unless otherwise
specified.
P—Main permitted use C—Conditional use N—Not permitted
*—Accessory use only
Floor area in the RM-PS1 district refers to total floor area in project. Commercial uses in
RM-PS1 limited to stores and restaurants.
SECTION 2. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 3. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall
not be affected by such invalidity.
SECTION 4. 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 Miami Beach
City Code. 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.
4
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect on the o2.3 day of OG�►b<✓ 2021.
PASSED and ADOPTED this 13 day of OGYv6et' , 2021.
Dan Gelber
Mayor
ATTEST:
OCT 1 5 2021
Rafae E. Granado
City Clerk
APPROVED AS TO FORM AND
First Reading: September 17, 2021 LANGUAGE AND FOR EXECUTION
Second Reading: October 13, 2021
Verified by: City Attorney ��Date
Thomas R. Mooney, AICP
Planning Director
T:\Agenda\2021\11_September 17\Planning\Prohibiting Apartment Hotel in RPS1 and RPS2 Districts-First Reading ORD.docx
5
Ordinances -R5 F
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 13, 2021
5:01 p.m. Second Reading Public Hearing
SUBJECT. PROHIBITION ON APARTMENT HOTELS IN R-PS1 AND R-PS2
DISTRICTS
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 OF THE CITY CODE
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
ENTITLED "DISTRICT REGULATIONS," DIVISION 18, ENTITLED "PS
PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-
693, ENTITLED "PERMITTED USES,"TO PROHIBIT APARTMENT HOTELS
IN THE R-PS1 AND R-PS2 DISTRICTS; AND PROVIDING FOR
CODIFICATION, REPEALER, SEVERABILITY,AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
BACKGROUND/HISTORY
On July 28, 2021, at the request of Commissioner Mark Samuelian, Commissioner Steven
Meiner, Commissioner Michael Gongora and Mayor Dan Gelber, the City Commission referred
the proposed Ordinance to the Planning Board and the Land Use and Sustainability Committee
(item R9 M).
The Planning Board reviewed the proposed Ordinance on August 18, 2021 and transmitted the
item to the City Commission with a favorable recommendation. The Land Use and Sustainability
Committee discussed the proposed Ordinance on September 14, 2021 and provided a
favorable recommendation as well.
ANALYSIS
BACKGROUND
The R-PS1 and R-PS2 (Residential Performance Standard 1 and 2)districts are located in the
South of Fifth neighborhood. As noted on the attached zoning map, these 2 districts are
bounded by Michigan Avenue on the west, 4th Street on the north, Washington Avenue on the
east and 2nd Street on the south. Most of the R-PS2 district, and a small portion of the R-PS1
district, also fall within the boundaries of the Ocean Beach Local Historic District; see attached
Page 468 of 1095
map showing the historic district boundaries.
In the RPS-1 and RPS-2 districts, Hotels, Suite Hotels, Hostels and the Short Term Rental of
Apartment Units (STR's) are all currently prohibited. However, 'Apartment-hotels' are currently
permitted in both districts. Pursuant to Sec. 114-1 of the Land Development Regulations
(LDR's)of the City Code,Apartment hotel is defined as follows:
Apartment hotel means a building containing a combination of suite hotel unit, apartment units
and hotel units, under resident supervision, and having an inner lobby through which all tenants
must pass to gain access.An apartment hotel must contain at least one unit apartment.
The following is a summary of existing and proposed apartment hotels in the RPS-1 and RPS-2
d istricts:
Existing/Licensed Apartment-Hotels:
1. 727-735 2nd Street
•Approved by the Historic Preservation Board on January 9, 2018 (HPB17-0154)
• Building pen-nit approved and finaled (BC1807748)
• Final Certificate of Occupancy Issued (CO20-1712)
•Active BTR (BTR009085-06-2020)
2. 350 Washington Avenue
• Building permit approved and finaled (B1505404)
• Final Certificate of Occupancy Issued (CO16-0024)
•Active BTR BTR000013-04-2016
3. 350 Euclid Avenue
•Active BTR (RL-10006415)
4. 334 Euclid Avenue
•Active BTR (BTR002021-02-2017)
5. 338 Euclid Avenue
•Active BTR (BTR005129-10-2018)
•Active BTR (BTR008995-05-2020)
•Active BTR (BTR001406-11-2016)
•Active BTR (BTR0007846-10-2019)
6. 344 Euclid Avenue
•Active BTR (BTR009587-12-2020)
Active Building Permits for the Conversion of Existing Buildings to Apartment-Hotels:
1. 310 Meridian Avenue
• Building Permit Issued on December 16, 2019 and is currently active (BC1704920).
2. 333 Jefferson Avenue
• Building Permit Issued on September 30, 2020 and is currently active (BC1704595).
3. 226 Jefferson Avenue
• Building Permit Issued on June 8, 2021 and is currently active (BC1910387).
Page 469 of 1095
PLANNING ANALYSIS
Under the current requirements of the Land Development Regulations (LDRs) of the City
Code, hotels, suite hotels, and the short-term rental of residential apartment units are prohibited
in the R-PS1 and R-PS2 districts.As such, these districts consist largely of residential
apartment buildings and have maintained a strong residential character.
Apartment hotels were included as a definition in the LDR's some time ago in order to better
identify buildings that had a balanced mix of apartment and hotel units. When areas of the City
were more seasonal, these types of buildings were popular as some of the units would be
occupied during the late fall,winter and early spring months,for seasonal visitors. Now, however,
this use is being exploited in primarily residential districts by only including a single residential
unit,thus circumventing prohibitions on hotel and short-term rental uses.
Apartment hotel uses have provided options for older, historically significant buildings to be
renovated, preserved and restored. However, the number of apartment hotel conversions over
the last couple of years within the RPS-2 district has negatively impacted existing residential
apartment uses, as well as the residential character of the RPS-1 and RPS-2 districts. In this
regard, the transient nature of apartment hotels is incompatible with a low-scale area composed
primarily of residential apartments as the apartment hotel use has become a defacto hotel.
Specifically, by having only a single residential unit within a building, an apartment hotel has the
potential to change the character of the neighborhood as most of the units are hotels,which can
be leased daily.Additionally, given the scale of the neighborhood, apartment hotels have begun
to negatively impact the quality of life for residents who reside in these districts on a non-
transient basis.
There are a number of other districts within the South of Fifth Neighborhood that permit
apartment hotel uses, including the R-PS3, R-PS4 and C-PS2 districts; these districts also
permit hotels and the short term rental of apartment units. As such, the removal of apartment
hotels as an allowable use in the R-PS1 and R-PS2 districts will not have any negative
repercussions in terms of a balance of uses in the larger area.
In order to preserve the character of these residential areas, the proposed Ordinance amends
section 142-693 of the LDRs to prohibit"apartment hotels" in the R-PS-1 and R-PS-2 districts.
This change is consistent with the existing prohibitions of other types of transient uses within the
neighborhood.
PLANNING BOARD REVIEW
On August 18, 2021, the Planning Board held a public hearing and transmitted the Ordinance to
the City Commission with a favorable recommendation by a vote of 5-0.
UPDATE
The subject Ordinance was approved at First Reading on September 17, 2021 with no
changes.
SUPPORTING SURVEY DATA
Enhance Neighborhood Quality of Life
CONCLUSION
Page 470 of 1095
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
Mayor and Commission
ATTACHMENTS:
Description
o MAPS
D Resolution
o Ad
Page 471 of 1095
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SUNDAY SEPTEMBER 26 ZOZI I I NEIGHBORS I ZME
CITY OF MIAMI BEACH t CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING NOTICE OF PUBLIC HEARING
OCTOBER 13,2021 CITY COMMISSION MEETING ORDINANCE PROHIBITING
On October 13.2OZI,the City of Miami Beach will host a Hybrid Commission Meeting.During the Hybrid APARTMENT HOTELS I N THE
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 Roar,Miami Beach, R-PS 1 AND R-PS2 DISTRICTS
FL 33139.The pubec Is encouraged to attend the meeting virtually(as provided below).However,members
of the public who wish to attend the meeting or provide public comment in person may appear at the
CommissiDn Chamber.Members of the public are required to wear facial coverings(pursuant to City of OCTOB ER 13, 2021 CITY
Miami Beach Resolution 2021-31825)and observe social distancing consistent with COG guidance to limit
the spread ofCOV1D49. COMMISSION MEETING
To participate or provide comment virtually during the Commission Meeting,the public may join the
webinar at hues'//miamibeachn-ooezoom.us/i181392857671 or via telephone at:1.301.715.8592(U.S.) On O
m ctobor 13.2021.the city or Miami Beach will host a Hybrid Commission Meeting.During the Hybrid
or 888.475.4499(Tall Free),Webinar ID:81392857671 A.Members of the public wanting to speak virtually Co
Meeting•the city Commission Wil be physically present In a socially distanced manner In
on an Item during the meeting,must click the"raise hand'iron if using the Zoom app or press'9 on the the Commission Chamber,Miami Beach City Hart,1700 Corwenlion Center Drive,3rd Floor,Karol Beach.
telephone to raise their hand. FL 33119.The public is encouraged to attend the meeting virtually as provided below).However,members
of the public vAto wlsh to attend the meeting or provide public comment in person may appear at the
NOTICE IS NEBEBY GKK that the following Public Hearing will be heard by the Mayor and City Commission Chamber.Members of the public are required to wear facial coverings(pursuant to cay of Miami
Commissioners of the City at Miami Beach,Florida,an October 13.Z021 at 2:00 p.m,or as soon thereafter as Beach Resolution 2021-31025)and observe social dlstancmg consistent with CDC guidance to limit the
the matter ran be heard: spread of COVIO-19.
ZOO a.m.lhbfie HNriag To participate at provide comment virtually during the Commission Meeting,the public may loin the
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA, weblnar at:hhns,lfmiamte a a6aow2com us!"e13 9 29 5 76 71 or via telephone at 1,301,715.6592(U.S.)or
FOLLOWING A DULY ADVERTISED PUBLIC HEARING,ACCEPTING THE RECOMMENDATION OF THE 898.475.4499(Ton Free).Webinar to:e1392857671 a.Mambera 1 the public wanting to speak virtu fly on an
FINANCE AND ECONOMIC RESLIENCY COMMITTEE,AND WAIVING,BY 5J7TH VOTE,THE FORMAL non during the meiturg.must click the-False hand-icon it using the Zoom app or press all on the telephone
to raise their hand.
COMPETITIVE BIDDING REQUIREMENT IN SECTION 82-39(A)OF THE CITY CODE,FINDING THAT THE
PUBLIC INTEREST WOULD BE BETTER SERVED BY WANING SUCH CONDITION,AND APPROVING AND NOTICE IS HEREBY GIVEN that the lella4ng Public Hearing will ha heard by the Mayor and city
AUTHORIZING THE CITY MANAGER AND CITYCLERKTOEXECUTEALEASEAGREEMENTBETWEENTHE Dener e the City M Miami Beach.Florida.onOctotsar13,2021a15H)lp.m.orzanoonlhereaferall
the mattatt can matter can be heard:
CITY(LANDLORD)AND MASSAGE OF SOUTH BEACH,LLC.(TENANT)FOR THE USE OF APPROXIMATELY
1,803 SQUARE FEET OF GROUND FLOOR RETAIL SPACE LOCATED AT 1701 MERIDIAN AVENUE,UNIT 5:01 e.m.S....d Resell—Public Hearino
2(A/K/A 777 17TH STREET)FOR AN INITIAL TERM OF FIVE(5)YEARS,WITH TWO(2)SUCCESSIVE AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA.
TWO-YEAR RENEWALTERMS ATTHE CITY'S OPTION.This Resolution is being heardpursuant to§166.041 AMENDING THE CODE OF THE CITY OF MIAMI BEACH,SUBPART 8,ENTITLED-LAND DEVELOPMENT
F.S.Inquiries may be directed to the Facilities and Fleet Management Department at 305.673.753f. REGULATIONS.-BY AMENDING CHAPTER 142 OF THE CITY CODE ENTITLED-ZONING DISTRICTS
AND REGULATIONS: ARTICLE 11, ENTITLED -DISTRICT REGULATIONS,- DnnSION ta, ENTITLED
INTERESTED PARTIES are Invited to take part In this meeting or be represented by an agent.The public •PS PERFORMANCE STANDARD DISTRICT,'BY AMENDING SECTION 142.693.ENTITLED-PERMITTED
may submit written comments by sending an email to:CityClerk@miamibleachilmov by 5:00 p.m.the day USES,'TO PROHIBIT APARTMENT HOTELS IN THE R•PSI AND R•PS2 DISTRICTb.PROVIDING FOR
ne CODIFICATION,REPEALER,SEVERABIUTY,AND AN EFFECTIVE DATE. This ordinance is being heard
before the City Commission Meeting.Please identity the Agenda Item Number in the email subject fi gs received will be forwarded ID the Mayor and Commissioners and
oners an will be included e as a art Of the putwur to section f r9-164 of me Ciry's Land Deverepmenf Code.inquiries may be dde
Ema Ned to the Planning
sly C i P OePVI_r,f at 305673-755Q
meeting record.
INTERESTED PARTIES are invited to lake part in this meeting or be represented by an agent.The public may
Copies of this Agenda Item are available for public inspection at h"as:JTwww.mi1mibeach8,(MyJcifµ submit written comments by sending an email to:G n CicrkKmiamibeachn eor by 5A0 p.m.the day before the
hailldtvclerkJaeendaArchive-main-0ace-2I.This meeting,IN any Rem therein,may be cominued,and under City Commission Meeting Please Iden11N the Agenda Item Number In the email subject fine.Emags received
such circumstances,additional legal notice need not be provided. wen be(.-.,tied to the Mayor and commissioners and wen be Included as a part of the meeting record.
Pursuant to Section 286.0105,Fla.Stat,the City hereby advises the public that it a person decides t9 copies of Agenda Items are available roc public Inspection at:hn—If rer.mlamibesehll..v7ciTv3all/
appeal arty decision made bythe City Commission with respect to arty matter considered at its meeting or its dtv h, /agenda-archho-maircaaoa•21.This meeting,w any Item therein,may be continued.and under such
hearing,such person must ensure that a verbatim record of the proceedings Is made,which record includes ckcumslanccs,additional legal notice need not be provided.
the testimony and evidence upon which the appeal is to be based.This notice does not constitute consent Pursuant to Section 296.0105.Fla.Slal,the City hereby advises the public that V a Person decides to
by the City for the introduction or admission of otherwise Inadmissible or irrelevant evidence,nor does I( appeal any decision made by the City Commtsson with respect to arry matter considered at 0.meeting or its
,auing,such peraon must"a.,.that a verbatim record of the proceedinge Is made.which record Includes
authorize challenges Or appeals not otherwise allowed by law
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.iv e. BEAC N Rafael E.Granada,City Clerk and on social media at htt 7iwww lacaboga enmicitygtiamrbeach,
City of Miami Beach Rafael E.Granado,City Clerk
CitvClerk@mlamibeachfl.dov " h ;a Y.r, EAC� GtyofMiam Beach
305.673.7411 a_nerkumlammeacnn..r
Alt.10132021-06 1
AD:10132 0 21-05 PPS Diatdcl. 305.673.7411
Page 479 of 1095