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R5J-RM-2 Hotel Office Uses -Weithorn-COMMISSION ITEM SUMMARY Condensed Title: First Reading to consider an Ordinance Amendment to modify the requirements for Hotel Office Uses in the RM-2 District. Key Intended Outcome Supported: Maintain strong growth management policies Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort put forth by the City to regulate development is "about the right amount." Item Summa /Recommendation: FIRST READING The proposed Ordinance would modify existing requirements for the certain types of hotel office uses in the RM-2 District. The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February/March _, 2014. NOTE: 2nd Reading of the subject Ordinance requires a 30 day notice. Advisory Board Recommendation: On November 19, 2013, the Planning Board transmitted the subject Ordinance to the City Commission with a favorable recommendation by a vote of 5 to 1 (Jean-Francais Lejeune Opposed). Financial Information: Source of Funds: 1 2 3 OBPI Total Financial Impact Summary: Amount Account 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, and determined that there will be no measurable impact on the City's budget. City Clerk's Office Legislative Tracking: Richard Lorber or Thomas Mooney Sign-Offs: Department Director ~~~~ \__./ L./ r T:IAGENDA\20141January\RM-2 Hotel Offices-SUM 1st Read.docx MIAMI BEACH 523 I I City Nfa.nager 1\ '\ I AGENDA ITEM __._R....:....~=--...;J~- DATE 1-1 'S"-/t{ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Flor1da 33139, www.miamibeachll.gov TO: FROM: DATE: COMMISSION MEMORANDUM Mayor Philip Levine and Members Jimmy L. Morales, City Manage January 15, 2014 f the Ctission FIRST READING SUBJECT: RM-2 Hotel Offices AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE II "DISTRICT REGULATIONS", DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-212, "MAIN PERMITTED USES," TO EXPAND THE ALLOWABLE USES IN THE RM-2 DISTRICT TO INCLUDE CERTAIN TYPES OF OFFICE USES THAT ARE ASSOCIATED WITH NEARBY HOTELS ON COLLINS AVENUE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends: 1) accepting the recommendation of the Land Use and Development Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February/March_, 2014. BACKGROUND On March 13, 2013, at the request of Commissioner Weithorn, the City Commission referred a discussion item to the Land Use and Development Committee, regarding a proposed amendment to include office uses associated with a hotel on Collins Avenue as a permitted use for properties in the RM-2 zoning district. On July 22, 2013, the LUDC referred to the Planning Board an ordinance to expand the permitted uses in the RM-2 District to include certain types of office uses associated with a nearby hotel. ANALYSIS Pursuant to Section 143-212 of the City Code, the main permitted uses in the RM-2 residential multifamily, medium intensity district are: Single-family detached dwellings; Town homes; Apartments; Apartment-hotels; and Hotels. 524 Commission Memorandum Mechanical Parking Systems January 15, 2014 Page 2of 2 The referral from the City Commission and the LUDC recommends that the permitted uses in the RM-2 district be expanded to allow for certain types of office uses, which are associated with nearby hotels on Collins Avenue. Specifically, the following language is proposed: Sec. 142-212.-Main permitted uses. The main permitted uses in the RM-2 residential multifamily, medium intensity district are single-family detached dwellings; town homes; apartments; apartment- hotels; and hotels; and offices that are incidental and customarv to a hotel in the RM-3 district fronting Collins Avenue located no more than 1 .200 feet from the RM-3 hotel property. For purposes of this section, the distance between the RM- 3 hotel property and the RM-2 office property shall be measured by following a straight line between the properties' boundaries; further that office property shall be governed by a restrictive covenant approved as to form by the City Attorney, recorded in the public records, stipulating that the office use may only remain as long as the hotel use continues. The intention of the subject proposal is to give hotels located in RM-3 districts along Collins Avenue the flexibility of moving back office operations to adjacent properties within the RM-2 district. This would give hotels the ability to provide more rooms with ocean and street front views, without adding density. The proposed language also includes safeguards to ensure that offices proposed in the RM-2 district are within 1,200 feet of a hotel located on Collins Avenue and that the offices shall only be permitted while the hotel is operational. PLANNING BOARD REVIEW The Planning Board reviewed the proposed Ordinance on November 19, 2013, and recommended approval by a vote of 5 to 1 (Jean-Francais Lejeune Opposed). 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. CONCLUSION The Administration recommends that the City Commission: 1) Accept the recommendation of the Land Use and Development Committee via separate motion; and 2) Approve the Ordinance at First Reading and schedule a Second Reading Public Hearing for February/March_, 2014. NOTE: 2"d Reading of the subject Ordinance requires a 30 day notice. JLM/JGG/RGL!TRM T:\AGENDA\2014\January\RM-2 Hotel Offices-MEM 1st Read.docx 525 RM-2 Hotel Office Uses ORDINANCE NO. _______ _ AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS" ARTICLE II "DISTRICT REGULATIONS", DIVISION 3 "RESIDENTIAL MULTIFAMILY DISTRICTS", SUBDIVISION IV "RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-212, "MAIN PERMITTED USES," TO EXPAND THE ALLOWABLE USES IN THE RM-2 DISTRICT TO INCLUDE CERTAIN TYPES OF OFFICE USES THAT ARE ASSOCIATED WITH NEARBY HOTELS ON COLLINS AVENUE; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. WHEREAS, the City Code contains provisions for permitting office uses associated with hotels; and WHEREAS, the City of Miami Beach seeks to encourage and incentivize the retention, preservation and restoration of hotel structures located within the Collins Avenue corridor; and WHEREAS, the City of Miami Beach desires to amend existing main permitted use requirements for hotels located in the RM-2 district along Collins Avenue; and WHEREAS, the amendment set forth below is 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 II entitled "District Regulations", Division 3 entitled "Residential Multifamily Districts", Subdivision IV entitled "Residential Multifamily, Medium Intensity", Section 142-212, "Main Permitted Uses," 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 single-family detached dwellings; townhomes; apartments; apartment-hotels; and hotels; and offices that are incidental and customary to a hotel in the RM-3 district fronting Collins Avenue located no more than 1.200 feet from the RM-3 hotel property. For purposes of this section. the distance between the RM-3 hotel property and the RM-2 office property shall be measured by following a straight line between the properties' boundaries: further that office property shall be governed by a restrictive covenant approved as to form by the City Attorney. recorded in the public records, stipulating that the office use may only remain as long as the hotel use continues. 1 526 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 be and the same are hereby repealed. 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 __ day of-----2014. ATTEST: CITY CLERK MAYOR APPROVEDASTOFORM AND LANGUAGE AND FOR EXECUTION 'i_j_J1,~ f-r -3 -1 4-y City Attorney ?l/-Date First Reading: Second Reading: January _, 2014 February/March _, 2014 Verified By: ------------ Richard G. Lorber, AICP Acting Planning Director Underline = new language Strikethrough = deleted language T:\AGENDA\2014\January\RM-2 Hotel Offices-ORO 1st Read.docx 2 527 THIS PAGE INTENTIONALLY LEFT BLANK 528