R5I-West Avenue Hotel UsesCOMMISSIO N ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment modifying the regulations for
West Avenue corridor in the RM-2 and RM-3 districts.
hotel uses within the I
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respo
businesses rate the effort ut forth b the Ci to re ulate develo ment is "about th
ndents and 55% of
e rig_ht amount."
Item Summa /Recommendation:
FIRST READING
est Avenue corridor The proposed Ordinance would modify the regulations for hotel uses within the W
in the RM-2 and RM-3 districts.
The Administration recommends that the City Commission approve the Ordinan ce at First Reading
and set a Second Reading Public Hearing for October 16, 2013.
Adviso Board Recommendation:
On June 25, 2013, the Planning Board transmitted the subject Ordinance to the C ity Commission by
a vote of 5-0.
Financial Information:
Source of
Funds:
D
OBPI
1
2
3
Total
Financial Impact Summary:
Amount Account
ach shall consider
" this shall confirm
In accordance with Charter Section 5.02, which requires that the "City of Miami Be
the long term economic impact (at least 5 years) of proposed legislative actions,
that the City Administration evaluated the long term economic impact (at leas
proposed legislative action. The proposed Ordinance is not expected to have
t 5 years) of this
any tangible fiscal
im act.
Sign-Offs:
Department Director Assistant City Manager Manager
ACUlND AITIM. Rs-I
J
MIAMI BEACH 573 DATI!. 9~/1~!3.
~ MIAMI BEACH
City of MiCimi Beach, 1700 Convention Center Drive, Miami Beach, Florida 3 3139, www.miamibeachfl gov
COMMISSION MEMORANDUM
I
TO: Mayor Matti Herrera Bower and M~ mbers of th City Commission
FROM: Jimmy L. Morales, City Manager r-~ \: -,.....;>
}
DATE: September 11, 2013 f FIRST READING
SUBJECT: West Avenue Hotel Uses
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT
REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS",
SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM
INTENSITY"; AND BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL
MULTIFAMILY, HIGH INTENSITY", TO ADD HOTELS AS A PROHIBITED
USE WITHIN THE BOUNDARIES OF THE WEST AVENUE CORRIDOR OF
THE RM-2 AND RM-3 DISTRICTS, MORE SPECIFICALLY DEFINED AS
THAT AREA BORDERED BY COLLINS CANAL TO THE NORTH, ALTON
ROAD TO THE EAST, BISCAYNE BAY TO THE WEST AND 6TH STREET
TO THE SOUTH; PROHIBITING OUTDOOR ENTERTAINMENT, AND
PERMITTING HOTEL PROJECTS IN THE DEFINED AREA TO REMAIN AS
LEGAL CONFORMING USES; AND PROVIDING FOR CODIFICATION;
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Approve the Ordinance on First Reading and set a Second Reading Public Hearing for
October 16, 2013.
BACKGROUND
On October 24, 2012, the City Commission referred a discussion regarding hotels in
residential neighborhoods to the Land Use and Development Committee (LUDC). On
December 19, 2012 the Land Use Committee referred an Ordinance prohibiting hotel
uses within the West Avenue and Palm View areas to the Planning Board for
consideration.
The subject Ordinance was first scheduled to be considered by the Planning Board on
April 3, 2013. However, due to a defect in the notice, the matter was required to be re-
noticed for the May 28, 2013 meeting. Additionally, the subject Ordinance was bi-
furcated into a separate Ordinance for the Palm View area and a separate Ordinance for
the West Avenue area.
574
Commission Memorandum
West Avenue Hotel Uses
September 11, 2013
ANALYSIS
Page 2 of 4
Historically, hotels did exist along the bay side of West Avenue. However, the
development of the bay front since the 1960's has been almost exclusively residential,
characterized by high-density high-rise apartment buildings. The West Avenue bayfront
corridor, between 6th Street and 151h Terrace, is zoned RM-3 multifamily high-density
residential, while the remainder of the West Avenue corridor is zoned RM-1 and RM-2.
The RM-3 and RM-2 districts include both apartments and hotels as permitted uses.
The 1998 citywide down zoning, which conformed development regulations to the
existing neighborhood characteristics, placed a greater focus on reducing the oversized
scale, massing and height of new construction, relative to the established, built context.
However, these down zoning efforts did not consider that potential hotel uses might be
problematic within the residential uses in the subject area.
The development of the Mondrian hotel at 1100 West Avenue was the first new hotel to
be introduced in the RM-3, West Avenue bayfront corridor since the 1960's. As a
proposed Neighborhood Impact Establishment (over 199 persons occupancy content,
with entertainment) the hotel was reviewed by the Planning Board for Conditional Use
approval. The Planning Board approved the Conditional Use permit with restrictions on
various aspects of their operations. Those restrictions include limitations on hours of
operation, sound systems, outdoor speakers, deliveries and loading zones. In addition to
the Mondrian, other hotels are in the development process within the West Avenue
corridor, as well as on Meridian Avenue between 171h Street and the Collins Canal (Palm
View area).
The subsequent history of relations between the Mondrian hotel and the residents of the
surrounding neighborhood has been problematic, and the compliance with the
conditional use permit has been at issue. The Planning Board has reviewed the case
through progress reports. Discussions at these hearings have included resident
testimony of problems of noise, bus parking, deliveries and loading, and at least one
adjacent resident has been able to photograph delivery trucks stopped and blocking
traffic lanes. The Planning Board may act to modify or revoke a conditional use if
repeated noncompliance is an issue, but this is based primarily on actual code
enforcement violations. The compliance record of the Mondrian indicates few violations
over the past two or three years, and has not warranted further Planning Board action.
Purely from the standpoint of economic development and the extremely important
hospitality industry, The Mondrian Hotel is a significant investment and an asset to the
City. However, there is concern from residents regarding the potential for proliferation of
hotel uses in what is predominantly a residential corridor.
Planning Department staff has previously recommended that a total ban on hotel uses in
the residential zoning districts in the West Avenue corridor be approached with caution,
due to potential legal complications, as well as the potential for creating legal 'non-
conforming' uses. The Land Use Committee referred the matter to the Planning Board
with a recommendation to prohibit hotels in the West Avenue neighborhood. The
Ordinance transmitted by the Planning Board reflects this direction.
While the Ordinance was pending before the Planning Board, different neighborhood
groups were in discussion with existing hotel operators in the West Avenue corridor.
These discussions addressed the impact that a ban on hotels would have, as well as the
negative of impacts of accessory uses. The proposed Ordinance reflects some aspects
of the aforementioned discussions, including clarifying that existing hotels and accessory
uses, which may become legal non-conforming, can retain their status going forward,
due to the substantial investment in the property.
575
Commission Memorandum
West Avenue Hotel Uses
September 11, 2013 Page 3of 4
Additional modifications have been incorporated into the Ordinance that further address
concerns of affected operators regarding the grandfathering of non-conforming uses.
These include the ability to re-introduce a hotel use after the property was converted to a
conforming residential use, provided that the property was licensed as a hotel before
May 28, 2013 and that the subsequent residential use does not exist for more than three
(3) years. The Planning Board concluded that a 3 year window to revert back to a
previously established, though non-conforming, hotel use is a fair amount of time for an
affected property owner to be able to absorb any potential loss of revenue associated
with an unsuccessful residential venture.
While not opposed to the 3 year rule proposed, as indicated previously in the process,
staff is not in favor of allowing a non-conforming use to continue in perpetuity, in the
event such use was discontinued and replaced by a conforming use. Such a
modification would substantially contravene Chapter 118, Article IX of the land
Development Regulations of the City Code, pertaining to 'Nonconformances'.
As part of the Planning Board review process, staff also suggested other areas that may
be worthy of discussion, including:
• Establishing a Conditional Use requirement for hotels and accessory uses
proposed in the West Avenue district.
• Stricter regulation of allowable 'Accessory Uses', including placing defined limits
on occupancy loads, seating and hours of operation.
• A prohibition on outdoor seating facing a street or sidewalk, as well as on
sidewalk cafes.
• Requiring that access to 'Accessory Uses' be from within the confines of the
hotel, via a hotel lobby, and not be directly from the street or sidewalk
• As recommended by the Land Use Committee, creating an 'Applicability' section
of the Ordinance, in order to address existing hotel uses.
It is also important to note that the proposed prohibition of hotels within the West Avenue
corridor would not supersede the allowances and incentives associated with the 'West
Avenue Bayfront Overlay'. This particular area was created fn order to incentivize the
retention, renovation and preservation of existing, low scale structures. One of the key
mechanisms for this overlay district is the ability to convert eligible, existing structures, to
hotel or motel uses, in accordance with the standards, requirements and procedures of
the overlay district.
PLANNING BOARD REVIEW
The Planning Board reviewed the subject Ordinance on June 25, 2013, and transmitted
it to the City Commission with a favorable recommendation by a vote of 5 to 0.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years) of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
576
Commission Memorandum
West Avenue Hotel Uses
September 11, 2013
CONCLUSION
Page 4 of 4
The Administration recommends that the City Commission approve the subject
Ordinance at First Reading, and set a Second Reading Public Hearing for October 16,
2013.
~J-
JLM/JMJ/RGLfTRM
T:\AGENDA\2013\September 11 \West Avenue Hotel Uses MEMO 1 st.docx
577
WEST AVENUE HOTEL USES
(As Transmitted by Planning Board on June 25, 2013)
ORDINANCE NO. ___ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT
REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS",
SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY";
AND BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY,
HIGH INTENSITY", TO LIMIT HOTELS AS HEREINAFTER PROVIDED IN THE
WEST AVENUE CORRIDOR TO THOSE EXISTING AS OF MAY 28, 2013;
DEFINING THE WEST AVENUE CORRIDOR AS THAT AREA BORDERED BY
COLLINS CANAL TO THE NORTH, ALTON ROAD TO THE EAST, BISCAYNE
BAY TO THE WEST AND 6TH STREET TO THE SOUTH; DEFINING THE
RIGHTS OF EXISTING HOTELS AS LEGAL CONFORMING USES; TO
EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND
OUTDOOR ENTERTAINMENT FROM PERMITTED HOTEL ACCESSORY
USES; TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES
OF THE WEST AVENUE CORRIDOR OF THE RM-2 AND RM-3 DISTRICTS;
ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL
REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION
OF HOTEL USES; AND PROVIDING FOR CODIFICATION; REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach endeavors to preserve and enhance the residential
scale, character and livability of residential apartment and condominium buildings within the City's
medium and high intensity multi-family districts; and
WHEREAS, hotel uses located in the West Avenue Corridor and zoned RM-2 & RM-3
include allowable accessory uses that present compatibility issues with existing residential
structures; and
WHEREAS, the City of Miami Beach desires to amend existing requirements and
procedures for certain types of prohibited uses located in the West Avenue Corridor and zoned
RM~2 & RM-3; 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. That Chapter 142, Article 2, entitled "District Regulations", Division 3, entitled
"Residential Multifamily Districts", Subdivision IV, entitled "RM-2 Residential Multifamily, Medium
Intensity", of the Land Development Regulations of the Code of the City of Miami Beach, Florida
is hereby amended as follows:
Sec. 142-212. -Main permitted uses.
The main permitted uses in the RM-2 residential multifamily, medium intensity district are
578
single-family detached dwellings; townhomes; apartments; apartment-hotels; and hotels; except
that in the "West Avenue Corridor". defined in this Subdivision as that area bordered by Collins
Canal to the north. Alton Road to the east. Biscayne Bay to the West and 6th Street to the south.
apartment-hotel or hotel uses are only permitted if issued a building permit or occupational license
prior to May 28. 2013. or are approved by the Design Review Board pursuant to a complete
application filed and pending prior to May 28. 2013. in which event they shall be considered a
"Legal Conforming Use." A property that has a "Legal Conforming Use" as used in this
Subdivision prior to May 28, 2013, may retain all, and apply for new, expansions and
modifications to. permitted. conditional and /or accessory uses permitted in the zoning category
as of May 28, 2013, and apply for building permits to add, improve and/or expand existing
structures. or construct new structures for permitted, conditional and/or accessory uses permitted
in the zoning category, if FAR remains available.
Sec. 142-213.-Conditional uses.
Conditional uses in the RM-2 residential multifamily, medium intensity district are adult
congregate living facility; day care facility; nursing home; religious institutions; private and public
institutions; schools; commercial or noncommercial parking lots and garages; and accessory
neighborhood impact establishment, as set forth in article V, division 6 of this chapter.
Sec. 142-214.-Accessory uses.
The accessory uses in the RM-2 residential multifamily, medium intensity district are as required
in article IV, division 2 of this chapter and uses that serve alcoholic beverages as listed in article V,
division 4 of this chapter, pertaining to alcoholic beverages. RM-2 properties within the "West
Avenue Corridor." may not have accessory outdoor entertainment establishments.
Notwithstanding the foregoing. a property that had a Legal Conforming Use as of May 28, 2013
shall have the right to apply for and receive special event permits that contain entertainment uses.
Sec. 142-215. Prohibited Uses.
The prohibited uses in the RM-2 residential multifamily, medium intensity district are accessory
outdoor entertainment establishment, accessory open air entertainment establishment, as set
forth in article V, division 6 of this chapter; and accessory outdoor bar counter: and for properties
located within the "West Avenue Corridor," hotels and apartment-hotels, except to the extent
preempted by Section 509.032(7). Florida Statutes, and unless they are a Legal Conforming Use.
Properties that voluntarily cease to operate as a hotel for a consecutive three (3) year period, shall
not be permitted to later resume such hotel operation. Without limitation. (a) involuntary hotel
closures due to casualty and (b) cessation of hotel use of individual units of a condo-hotel shall
not be deemed to be ceasing hotel operations pursuant to the preceding sentence.
SECTION 2. That Chapter 142, Article 2, entitled "District Regulations", Division 3, entitled
"Residential Multifamily Districts", Subdivision V, entitled "RM-3 Residential Multifamily, High
Intensity", of the Land Development Regulations of the Code of the City of Miami Beach, Florida
is hereby amended as follows:
Sec. 142-242.-Main permitted uses.
The main permitted uses in the RM-3 residential multifamily, high intensity district are
single-family detached dwelling; townhomes; apartments; apartment-hotels; and hotels; except
that in the "West Avenue Corridor," defined in this Subdivision as that area bordered by Collins
Canal to the north. Alton Road to the east. Biscayne Bay to the West and 6th Street to the south.
apartment-hotel or hotel uses are only permitted if issued a building permit or occupational license
prior to May 28. 2013, or are approved by the Design Review Board pursuant to a complete
application filed and pending prior to May 28, 2013, in which event they shall be considered a
579
"Legal Conforming Use." A property that has a "Legal Conforming Use" as used in this
Subdivision prior to May 28. 2013. may retain all, and apply for new, expansions and
modifications to. permitted, conditional and accessory uses permitted in the zoning category as of
May 28. 2013. and apply for building permits to add, improve and/or expand existing structures. or
construct new structures for permitted. conditional and/or accessory uses permitted in the zoning
category, if FAR remains available.
Sec. 142-243.-Conditional uses.
The conditional uses in the RM-3 residential multifamily, high intensity district are adult
congregate living facility; day care facility; nursing home; religious institutions; private and public
institutions; schools; commercial or noncommercial parking lots and garages; accessory outdoor
entertainment establishment; accessory neighborhood impact establishment; and accessory
open air entertainment establishment as set forth in article V, division 6 of this chapter.
Sec. 142-244. -Accessory uses.
The accessory uses in the RM-3 residential multifamily, high intensity district are as follows:
( 1) Those uses permitted in article IV, division 2 of this chapter.
(2) Uses that serve alcoholic beverages as listed in article V, division 4 of this chapter, pertaining
to alcoholic beverages.
(3) Accessory outdoor bar counters, provided that the accessory outdoor bar counter is not
operated or utilized between midnight and 8:00 a.m.; however, for an accessory outdoor bar
counter which is adjacent to a property with an apartment unit, the accessory outdoor bar counter
may not be operated or utilized between 8:00p.m. and 8:00a.m.
(4) Oceanfront hotels with at least 100 hotel units may operate and utilize an accessory outdoor
bar counter, notwithstanding the above restriction on the hours of operation, provided the
accessory outdoor bar counter is (i) located in the rear yard, and (ii) set back 20 percent of the lot
width (50 feet minimum) from any property line adjacent to a property with an apartment unit
thereon.
(5) RM-3 properties within the "West Avenue Corridor." may not have accessory outdoor
entertainment establishments. Notwithstanding the foregoing, a property that had a Legal
Conforming Use as of May 28, 2013 shall have the right to apply for and receive special event
permits that contain entertainment uses.
Sec. 142-245. Prohibited Uses.
The prohibited use in the RM-3 residential multifamily, high intensity district is accessory outdoor
bar counter, except as provided in section 142-244; and for properties located within the "West
Avenue Corridor." hotels and apartment-hotels. except to the extent preempted by Section
509.032(7), Florida Statutes. and unless a Legal Conforming Use. Properties that voluntarily
cease to operate as a hotel for a consecutive three (3) year period shall not be permitted to later
resume such hotel operation. Without limitation. {a) involuntary hotel closures due to casualty
and {b) cessation of hotel use of individual units of a condo-hotel shall not be deemed to be
ceasing hotel operations pursuant to the preceding sentence.
SECTION 3. 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
relettered to accomplish such intention, and the word "ordinance" may be changed to "section",
"article", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed, with the exception of Chapter 142, Article Ill, Division 5 -West Avenue Bay Front
Overlay.
580
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this __ day of-------' 2013.
ATTEST:
CITY CLERK
First Reading: September 11, 2013
Second Reading: October 16, 2013
Verified by:------------
Richard G. Lorber, AICP, LEED AP
Acting Planning Director
Underscore denotes new language
Strike Thru denotes deleted language
08/13/2013
MAYOR
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
City Attorney
T:IAGENDA\2013\September 11\West Avenue Hotel Uses ORDINANCE 1 st.docx
581
Date
U1 00 f\) MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF THE CITY OF MIAMI BEACH CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY given that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers. 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on WEDNESDAY, September 11, 2013 at 5:15p.m., wherein 111e Cltv of Miami Beach proposes to adopt the following ordinance: ORDINANCE AMENDMENT -PALM VIEW HOTEL USES. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, 'ZONING DISTRICTS AND REGULATIONS", ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBOMSION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY", TO LIMIT HOTELS AS HEREINAFTIER PROVIDED IN THE PALM VIEW CORRIDOR TO THOSE EXISTING M3 OF MAY 28, 2013; DEFINING THE PALM VIEW CORRIDOR AS AIUL PROPERTIES ABUTTING THE WEST SlOE OF MERIDIAN AVENUE BETWEEN 17TH STREET AND COLLINS CANAL; DEFINING THE RIGHTS OF EXISTING HOTIELS AS LEGAL CONFORMING USES; TO EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OUTDOOR ENTERTAINMENT FROM PERMiffiD HOTEL ACCESSORY USES; TO ADD HOTELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE PALM VlEW CORRIDOR OF THE RM-2 DISTRICT; ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION OF HOTIEL USES; AND PROVIDING FOR CODIFICATION; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. llY7 7 7 / A-2W I I All interested parties .--_/ /1 I( ~ RM-2 are invited to appear ! ill ~ Q il: I CCC t'ttH'S"T I...IWCOLNIIII:J ~ ~ ~~ at this meeting or be represented by an agent, or to express 111eir views in wri~ng addressed to the City Commission c/o the Planning Department, 1700 Convention Center Drive, City Hall. Miami Beach. Florida 33139. This meeting may be continued, and under such circumstances L-.....L.....J-------------------...Iaddltlonal legal notice will not be provided. Copies of the proposed amendments are available in the Planning Department Inquiries may be directed to the Planning Department at (305) 673-7550. Pursuant to Florida Stat 286.0105, the City hereby advises the public thai if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meetlll{J or Its hearing, such person must ensure that a verbatim record of the proceedings is made, which record must include the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the Introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwille allowed by law. To requestthls material in accessible format, sign language interpreters, information on access for persons with disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding, please contact us five days in advance at (305) 673-7 411 (voice) or TTY users may also call the Flori Cia Relay Service at 711. Ad#801 NE SUNDAY, AUGUST 11, 2013 I 29NE MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF .....]L_ THE CITY OF MIAMI BEACH ft CODE OF ORDINANCES NOTICE TO THE PUBLIC NOTICE IS HEREBY given 111at a public hearing will be held by 111e Mayor and City Commission of the City of Miami Beach, Florida, in the Commisskm Chambers, 3rd Floor, City Hall, 1100 Convention Center Drive, Miami Beach, Aorida, on WEDNESDAY, September 11, 2013 at 5:20 p.m., wherein the Citv of Miami Beach proposes to adopt the following ordinance: ORDINANCE AMENDMENT -WEST AVENUE HOTEL USES. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS". ARTICLE II, "DISTRICT REGULATIONS", DIVISION 3, "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV, "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY"; AND BY AMENDING SUBDIVISION V, "RM-3 RESIDENTIAL MULTIFAMILY, HIGH INTENSITY", TO LIMIT HOTELS AS HEREINAFTER PROVIDED IN THE WEST AVENUE CORRIDOR TO THOSE EXISTING AS OF MAY 2B, 2013; DEFINING THE WEST AVENUE CORRIDOR AS THAT AREA BORDERED BY COLLINS CANAL TO THE NORTH, ALTON ROAD TO THE EAST, BISCAYNE BAY TO THE WEST AND 6TH STREET TO THE SOUTH; DEFINING THE RIGHTS OF EXISTING HOTELS AS LEGAL CONFORMING USES; TO EXCLUDE OUTDOOR ENTERTAINMENT ESTABLISHMENTS AND OUTDOOR ENTERTAINMENT FROM PERMITTED HOTEL ACCESSORY USES; TO ADO HOTIELS AS A PROHIBITED USE WITHIN THE BOUNDARIES OF THE WEST AVENUE CORRIDOR OF THE RM-2 AND RM-3 DISTRICTS; ACKNOWLEDGING STATE PRE-EMPTION OF SHORT TERM RENTAL REGULATIONS; PROVIDING RULES FOR CESSATION AND RESUMPTION OF HOTEL USES; AND PROVIDING FOR CODIFICATION; REPEALIER, SEVERABIUTY AND AN EFFECTIVE DATE. 1 '""" P 1 1 »" 1 1 ___ 1 All interested parties are invited to appear at this .. 101,.,.. ... ,. meeting or be represented by an agen1, or to express tlielr views in writing addressed to the City Commission c/o l11e Planning Department, 1 -~-· 11700 Convention Center Drive, City Hall. Miami Beach, F --Florida 33139. This meeting may be continued, and under such circumstances addi~onal legal notice will not be provided. Copies of the proposed amendments are available in the Planning Oepartment. Inquiries may be directed to the Planning Department at (305) 673-7550. Pursuant to Florida Stat. 286.0105, 111e City hereby advises the public that if a person decides to appeal any decision made by the City Com mission with respect !I to any matter considered at its meeting or its hearing, ~ soch person must ensure that a verbatim record of 111e proceedings is made, which record must include 111e testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the '-' I "'!! Q'Wl I City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does It authorize ..:;_ ______ _:.:••~• .. ;:._ ___ ___,j challenges or appeals not otherwise allowed by law. To request this material in accessible format, sign language interpreters, information on access for persons wil11 disabilities and/or any accommodation to review any document or participate in any City-sponsored proceeding. please contact us five days in advance at (305) 673-7 411 (voice) or TTY users may also call the Florida Relay Service at 711. Ad #1102