Ordinance 2023-4575 Ocean Terrace Overlay- Hostel Prohibition
ORDINANCE NO: 2023-4575
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY
OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING
DISTRICTS AND REGULATIONS," ARTICLE 3, ENTITLED "OVERLAY
DISTRICTS," AT SECTION 7.3.6, "OCEAN TERRACE OVERLAY," TO
PROHIBIT HOSTELS WITHIN THE BOUNDARIES OF THE OCEAN TERRACE
OVERLAY; AND PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Properties fronting Ocean Terrace and Collins Avenue between 73rd and
75th Streets are within the Harding Townsite historic district, the North Shore National Register
historic district, and the Ocean Terrace Overlay; and
WHEREAS, a "hostel' is defined in the Land Development Regulations as "a building
occupied or intended to be occupied by transient residents, where ingress or egress may or may
not be through a common lobby of office that is supervised by a person in charge at all times. A
hostel provides communal or dormitory-style accommodations where transient residents can rent
a bed, usually a bunk bed (as opposed to renting an entire unit, as in a hotel or suite hotel), and
share a bathroom, lounge, and sometimes a kitchen. Rooms can be mixed or single-sex, although
private rooms may also available"; and
WHEREAS, due to their unique characteristics, hostels often create nuisances for nearby
long-term (i.e. non-transient) residents; and
WHEREAS, because hostels have higher occupancies per unit than residential
development or other transient uses such as hotels, hostels generate increased noise, traffic, and
congestion; and
WHEREAS, it is the intent of the City to limit the number of establishments which are
inconsistent with the Ocean Terrace Overlay, or which negatively affect surrounding areas; and
WHEREAS, the City Commission finds that it is in the best interest of its residents,
businesses, and visitors to adopt regulations to protect the public health, safety, welfare, and
morals; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA.
SECTION 1. Chapter 7, "Zoning Districts and Regulations," Article 3, "Overlay Districts," Section
7.3.6, "Ocean Terrace Overlay," is hereby amended as follows:
CHAPTER 7 .
ZONING DISTRICTS AND REGULATIONS
ARTICLE 3
OVERLAY DISTRICTS
7.3.6 OCEAN TERRACE OVERLAY
7.3.6.2 Compliance with regulations (Ocean Terrace Overlay).
The following overlay regulations shall apply to the Ocean Terrace Overlay.All development
regulations,in the underlying regulations shall apply, except as follows:
(g) Prohibited uses.
(1) Package alcohol store..
(2) ..Hostels.
(h) Additional development regulations. Buildings with frontage on Collins Avenue shall
have either retail or restaurant uses (which may include neighborhood impact
establishment uses) on the front 50 feet of depth of the ground floor with an entrance
that opens onto Collins Avenue. Buildings with frontage on Ocean Terrace shall have
active uses on the ground floor with an entrance that opens onto Ocean Terrace.
SECTION 2. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith are hereby repealed.
SECTION 3. CODIFICATION.
It is the intention of the City Commission, 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, as
amended; that the sections of this Ordinance may be re-numbered or re-lettered to accomplish
such intention; and that the word 'ordinance" may be changed to "section" or other appropriate
word.
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 IO _day of_ �CDIJ�� , _023.
ATTEST:
Dan Gelber, Mayor
7�1 APPROVED AS TO
OCT 2 0 2023 FORM AND LANGUAGE
Rafael E. Granado, City Clerk & FOR EXECUTION
u Vie•,,• ��� •`�••�:,,
'IFl60flPiORA�Eu City Attorney ► l� Date
First Reading: June 28, 2023
Second Reading:Auly 26, 2023
Verified By: (k K
Thomas R. Mooney, OP
Planning Director
T:Wgenda\2023\5-June 2023\Planning\Ocean Terrace Overlay-Hostel Prohibtion-First Reading ORD.docx
Ordinances-R5 I
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Alina T. Hudak, City Manager
DATE: October 18,2023
5:02 p.m. Second Reading Public Hearing
SUBJECT: OCEAN TERRACE OVERLAY- HOSTEL PROHIBITION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF
THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED
"ZONING DISTRICTS AND REGULATIONS," ARTICLE 3, ENTITLED
"OVERLAY DISTRICTS," AT SECTION 7.3.6, "OCEAN TERRACE
OVERLAY," TO PROHIBIT HOSTELS WITHIN THE BOUNDARIES OF THE
OCEAN TERRACE OVERLAY; AND PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION;AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject ordinance.
BACKGROUND/HISTORY
On October 26, 2022, at the request of Commissioner Alex Fernandez, the City Commission
referred a proposal to the Land Use and Sustainability Committee (LUSC) and the Planning
Board (Item R9 H) pertaining to the prohibition of certain uses on Ocean Terrace, as previously
recommended by the Planning Board.
The item was placed on the November 18, 2022 LUSC agenda and deferred to the January 25,
2023 meeting with no discussion. At the request of the item sponsor, the item was deferred to
the February 15, 2023 LUSC meeting. On February 15, 2023, the LUSC recommended that
the Planning Board transmit an ordinance to the City Commission to prohibit hostels within the
Ocean Terrace Overlay. The remainder of the item was bifurcated and is currently pending
before the LUSC.
On June 8, 2016, the City Commission approved ordinance No. 2016-4021, establishing the
Ocean Terrace Overlay. The Overlay, which is in the North Beach area between 73rd Street and
75th Street, includes regulations to encourage the revitalization of the Ocean Terrace corridor,
such as height and other development incentives,while placing certain use restrictions.
ANALYSIS
The ordinance that was initially referred to and is currently pending at the LUSC, contains
broader regulations to restrict several additional uses within the Ocean Terrace Overlay. While
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the discussion pertaining to these uses is still pending, the LUSC did reach consensus on
prohibiting hostels within the Ocean Terrace Overlay, and the proposed ordinance amendment
is limited to the prohibition of hostels within the Overlay.
I n general, hostels do not attract the same character of visitors that larger, resort style hotels do.
Also, if not properly regulated, the size and nature of hostel units can become a nuisance. While
there are currently no proposals to build hostels within the Ocean Terrace Overlay, since the
area contains a significant number of permanent residents, a prohibition on hostels would be
beneficial to ensure the long-term quality of life for residents. As such, staff is supportive of the
proposed ordinance, as it will encourage a higher caliber of future hotel and residential uses, as
well as help prevent negative consequences associated with hostels in the future, should the
make-up of the Ocean Terrace area change.
PLANNING BOARD REVIEW
On April 25, 2023, the Planning Board held a public hearing and transmitted the proposed
ordinance to the City Commission with a favorable recommendation (7-0).
UPDATE
The subject ordinance was approved at First Reading on June 28, 2023, with no changes. On
July 26, 2023 the item was continued to a date certain of September 13, 2023, due to the length
of the agenda. On September 13, 2023, Second Reading /Adoption of the ordinance was not
reached due to the length of the agenda. The item was continued to the October 18, 2023 City
Commission agenda.
SUPPORTING SURVEY DATA
N/A
FINANCIAL INFORMATION
No Fiscal Impact Expected
CONCLUSION
The Administration recommends that the City Commission adopt the subject ordinance.
Applicable Area
North 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 Alex Fernandez
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ATTACHMENTS:
Description
❑ Ordinance
❑ Ad
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SUNDAYOCTON0120D I I NEIGHBORS I 21ME
CITY OF MIAMI BEACH CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING HOW A PERSON MAY PARTICIPATE DURING THE
OCEAN TERRACE OVERLAY—HOSTEL PROHIBITION October le,2023 HYBRID CRY COMMISSION MEETING
WarsawPertitllftise:
ORDINANCE AMENDING THE RESILIENCY CODE TO PROHIBIT HOSTELS th Hybrw U.2023.c ommenci.t illy am..the City of Mums Beach will Lodi a Hybrid CominssonssminCMeeting.During
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Mc HYbrrd Commesdn MTelinp,the City Commtsaon will be physically present m the Lmporary Commastan Chembcr
Mimi faeeeCanaelim Castle(BCC)at1901CmiliuCsster Drive nMulielRaised22bn6,MiamiBeackFbnda.33139
WITHIN THEBOUNOARIESOFTHEOCEANTEAAACEOVERUY
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D4I DEER�Bs LDLJ Appkantsard members ol pubic whownsh to atlendmo Commission Mee or Provide pblcmmment m person
may appear at The MBCC.Applicants and members of the pubic who wish bparticipate orprovide comment virtually
during the Commission Meeting may join the webrnar at: or ra
CITY COMMISSION MEETING
telephone al 1.305.224.1969(US 1 or BBB.475.1199(TatTFreel WeDtnar ID 813926576711.Applicants and members
of the public wanting to speak vsrtuallyon an Item during the meeting must click The'naese hand'icon it using the Zoom
NOTICE S HEREBY GIVEN Mat on bubble D,2@3,at 5:01 Fs.,a:as soon mneaher as the matter can lie heard,the Mayor avp ar press'9 on the telephone to raise Iheii hand.
and City Commissioners of the Coy of Mum Beachwill halo a feud RuEsffli Mattel on the believing areposed Desistance.
IkarriA The Csassiubn Muu►
OLEANTFwtEDYE1IAY-aDITELPAORsmgH The Commission Meeting will be broadcast Ave on Miami Beach TV(Aii viewable on the City's websee at,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH,FLORIDA.AMENDING THE hnpsJtwww..miamibeaehill ow/onvernmenlimbty/as well as on Breemlue Cable channel 660,AT&T Uverse
RESILIENCY CODE OF THE CITY OF MIAMI BEACH,BY AMENDING CHAPTER 7.ENTITLED*ZONING DISTRICTS ANO channel 99.Helvetic Communications channel 395,and ROKU device on PEG.TV channel.Closed captioning displays of
REGULATIONS;'ARTICLE 3,ENTITLED'OVERLAY DISTRICTS:AT SECTION 73.6,'OCEAN TERRACE OVERLAY,-TO the audio potion o1 the Commission Meeting are available in English and Spanish on AAB1V.The Commission Meeting
PROHIBIT HOSTELS WITHIN THE BOUNDARIESOF THE OCEAN TERRACE OVERLAY;AND PROVIDING FOR REPEALER; will also be broadcast live on social media at lxebook comfeitwimiamibeach.Closed captioning displays of the audio
SEVERABILITY;CODIFICATION;AND AN EFFECTIVE DATE.This Oirdnu+ce is being heard pursuant to Chapter 2, portion of the Commission Meetingare available in English on Facebook.
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Plwmg Department of 305.673,7550 The public may submit written comments by sending an email to Chirclerk®rnameeachll oov by 5:00 p.m.the day
Outing the Debbie If,2123.Commission Mooing,the City of Miami Beach wit host a Hybrid Commission Meeurig.Dung before the Commission McOpng.Please idenh Me Agenda Hem Number am the email subject line.Emailf received will be
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of 888.475.4499 tTalfree).W#bvw TO:81392B57671 a.Members of the public starting to speak virtually an an Item during the needed to speak to The Commission dunag this Forum During the Dr.Stanley Sufnck Oluen'S Forum,the public may
meeting must Click the-fallshand-room iflelq Use Zoom app or press'9 on the YNphont to raise Their hand. address airy Ksaes and/or concerns.
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to request this material in an altertlalC lOrmal.sign lanpuega lnkrpekY(fivsWN ndlKe ltgkRd).IneteialioOOn acCCSs foil Me Thursday before a regularly scheduled Commission Meeting.Interested parties are invited to
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all 305.60e.2010A(2232)and select 1 tar English or 2 fa Spanish TTY users may al w 111(Ronda Relay Servile).
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Oaeclsrs Y Its Ttner rt Ciaskiuir Clink Please enter The MBCC an Convention Ceelse Drive.Mesong Rooms 222-225 am located on the Second Floor,south side
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A,IBEACH RatadEGranad,CtyrJerl "IAp/'IBEACH BauefE.Grenada.CityClerk
City of Muni Beach I' l !'. 1 City of Niam Beach
CifvGlerk®n,=SITIf My CilvGek®mambeachtl day
AD:1014202306-Ocean Terrace305673.7111 AD:10112023C0 AYM JD5.673 7111
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