LTC 478-2021 Update on the Recommendations of the Independent Planning Review for Apartment Hotels and Certificates of AppropriatenessJ\J\I A/\/\1 r
City of Miami Beach, 1700 Convention Center Drive. Miami Beach, Florida 33 139, www.miamibeachil.gov
OFFICE O F THE CITY MANAGFR
478-2021 LETTER TO COMMISSION
TO:
FROM: Alina T. Hudak, City Manag r
DATE:
SUBJECT:
November 8, 2021
Update on the Recommendations of the Independent Planning Review for
Apartment Hotels and Certificates of Appropriateness
On October 19, 2021, the City Commission was advised of the findings of an independent planning
review of the building permits issued for three apartment hotels south of 5th Street (L TC 445-2021 ).
The City engaged the services of JC Consulting Enterprises, Inc. and their President Cecelia Ward,
AICP, to provide the independent review.
The report prepared by Ms. Ward contained four specific recommendations. The following is a summary
of the actions being taken to address these recommendations:
1. The Code definition of "Apartment Hotel" should be amended to reflect the long-standing
interpretation applied by the Planning Department to remove any ambiguity in its meaning.
On October 13, 2021 , a discussion pertaining to the prohibition of Apartment Hotels in other zoning
districts was referred to the Land Use and Sustainability Committee (item C4H). This item will he
discussed at the next meeting of the LUSC and the Administration will suggest potential changes in
the definition of apartment hotel to clarify the lobby pass through provisions.
2. The City should confirm that 310 Meridian Avenue did not lose its legal nonconforming
status with respect to density, in accordance with the provisions of the Code.
The structure at 310 Meridian Avenue was issued a certificate of appropriateness and building
permit in 2019 for the rehabilitation and restoration of the existing structure, and the conversion of
the building from the use of residential apartment to apartment hotel. At the time of permitting, the
work proposed did not exceed the 50% rule and apartment hotel was a permitted use. The permit
has remained in active status since it was issued and remains in active status as of this date.
The building at 310 Meridian is legal non-conforming as to maximum density, and the permit issued
in 2019 did not increase or expand the non-conforming density. Pursuant to Sec. 118-395(b)(1) of
the Land Development Regulations of the City Code (LDR's), nonconforming buildings which are
repaired or rehabilitated by less than 50 percent of the value of the building as determined by the
building official may retain their legal non-conforming attributes, provided the renovation complies
with the conditions set forth in this subsection.
Based upon a review of the permit, the renovation project complied with the requirements of Sec.
118-395(b )( 1) and the project at 310 Meridian Avenue has retained its legal non-conforming status
regarding maximum allowable density.
3. The City should document its review of 310 Meridian Avenue and issuance of an
administrative Certificate of Appropriateness (COA) in the form of a separate application, as
required by the City's Code.
The following clarification has been added to the permit notes section of the approved building
permit in Energov:
The subject permit complies with all applicable requirements of the Land Development Regulations
(LDR's). Additionally, the permit application includes a Certificate of Appropriateness (GOA), which
was reviewed in accordance with Sec. 118-563(d) and 118-564(a) of the LDR's and approved
pursuant to the approval of the building permit.
4. The City should create a COA application form as required by the Code.
The Administration has considered the position of the independent reviewer regarding a separate
COA application form for administrative level review and has concluded that the information in such
a form would be redundant and add an additional, unnecessary step to an already burdened permit
process. While the Planning Director maintains the position that the current language in the LDR's
does not expressly require a separate COA application form, the Administration would have no
objection to the referral of an LOR amendment to the Planning Board in order to clarify the COA
application requirements and remove any ambiguity from the long-standing practice of allowing the
building permit application to serve as the application for a COA that is reviewed at staff level.
If there are any questions regarding the aforementioned responses, or additional information is needed,
please feel free to contact Eric Carpenter.
ATH/E~/T'f
C: Rafael Paz, City Attorney
Rafael E. Granado, City Clerk
Joseph Centorino, Inspector General
F:\PLAN\$ALL\CM_RESP\2021\LTC -Update on the Recommendations of the Independent Planning Review for Apartment Hotels and
Certificates of Appropriateness.docx