R5K-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 PLtSLlC loll;ARIN&
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 March 5, 2014.
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-Francois Lejeune Opposed).
Financial Information:
Source of Amount Account
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
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:
j Thomas Mooney
Si n-Offs:
Department Director
T:\AGENDA\2014\February\RM-2 Hotel Offices -SUM 1st Read.docx
MIAMI BEACH
658
City Manager
\
AGENDA ITEM ~R~S~K __
DATE ~~/2-/'f
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members o the C:~ission
Jimmy L. Morales, City Manager > FROM:
DATE: February 12, 2014 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 March 5, 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,
Townhomes, Apartments, Apartment-hotels and Hotels. The referral from the City
Commission and the LUDC recommends that the permitted uses in the RM-2 district be
659
Commission Memorandum
Ordinance: RM-2 Hotel Offices
February 12, 2014 Page 2 of 2
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; 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.
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-Francois 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.
SUMMARY
The subject Ordinance was considered and approved by the City Commission on
January 15, 2014; Second Reading was scheduled for March 5, 2014, in order to meet
the 30 day notice requirement. However, subsequent to the initial action by the
Commission on January 15, 2014, it was discovered that the minimum notice
requirements for First Reading had not been met. Therefore, the Administration has re-
noticed the matter and placed the item back on the agenda for a new First Reading.
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 March 5, 2014.
JLjjfTRM
T:\AGENDA\2014\February\RM-2 Hotel Offices -MEM 2nd Read.docx
660
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; a00 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
661
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
First Reading:
Second Reading:
February 12, 2014
March 5, 2014
Verified By: ------------
Thomas R. Mooney, AICP
Acting Planning Director
Underline = new language
Strikethrough = deleted language
T:\AGENDA\2014\February\RM-2 Hotel Offices -ORD 2nd Read.docx
2
662
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
MIAMI HEllALD I Mi<lmiHerald.com NF THURSOAY, JANUARY .lO, 21Jl4 I 17HE
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 1hat a firs1 reading/public hearing will be held by the Mayor and City Commissioners of the City
of Miami Beach, Florida, in the Commission Chambers, 3"' FloOI', City Hall, 1700 Convention Center Drive, Miami Beach,
Florida 33139. on Wednesday, February 12, 2014 to consider:
5:05 P.M. File No. 2144. RM-2 HOTEL OFFICE USES.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter
142, "Zoning Districts And Regulations" Article I! "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 Effeciive Date.
Inquiries may be directed to the Planning Department at 305-673-7550.
The RM-2 zoned properties that may be impacted by the proposed Ordinance are shown on the Map.
All interested parties are invited to appear at this meeting or be represented by an agent, or to express their views in writing
addressed to the City Commission, c/o City Clerk, 1700 Convention Center Drive, City Hall, Miami Beach, Florida 33139.
Copies of the proposed amendments are available in the Planning Department This meeting or this item may be continued, and
under such circumstances, additional legal notice need not be provided.
Pursuant to Florida Statutes §266.0105, the City hereby advises the public that
if a person decides to appeal any decision made by the City Commission with
respect to any matter considered at its meeting 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 otherwise allowed by law.
To request this 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 305-673-7411(voice) or TfY users may also call the Florida
Relay Service at 711 .
Rafael E. Granado, City Clerk
Ad858
MIAMI BEACH
663