R5G-RM-2 Hotel Office Uses -Weithorn-COMMISSION ITEM SUMMARY
Condensed Title:
Second 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 Summary/Recommendation:
SECOND READING -PUBLIC HEARING
The proposed Ordinance would modify existing requirements for the certain types of hotel office uses
in the RM-2 District.
On February 12, 2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; and 2) approved the Ordinance at First Reading. A
Second Reading Public Hearing was scheduled for March 5, 2014.
The Administration recommends that the City Commission adopt the Ordinance.
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 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:
1 Thomas Mooney
Sign-Offs:
Department Director
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MIAMI BEACH
375
AGENDA ITEM ~@'--=5::--;f:r:=:-:---
DATE --'.3=---=5--=--J_,_t.(_
~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 3 3139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members mmission
DATE March 5, 2014
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
Adopt the Ordinance.
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
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
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Commission Memorandum
Ordinance: RM-2 Hotel Offices
March 5, 2014 Page 2 of 2
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-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.
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 re-
noticed the matter and the item was re-approved at First Reading on February 12, 2014.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JL$rRM
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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; 8flG 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
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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
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379
MAYOR
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
w 00 0 14NE I THURSDAY. FEBRUARY 20. 2014 1'-.E * 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 lirst reading/public hearing will be held by the Mayor and City Commissioners of the City of Miami Beach, Florida, in ltle Commission Chambers, 3'" Floor, City Hall, 1700 Convention Center Drive, Miami ~each, Florida 33139, on Wednesday, March 5, 2014 to consider; 11:30 a.m. File No. 2144. RM-2 HOTEL OFFICE USES. M Ordinance Amer'lding The Land Development Regulations Of The Code Of The City Of Miami Beach. By Amending Chapter 142, ·zoning Districts And Regulations" Article II"Distrtct Regulations," Division 3 ''Residential Multifamily Districts," Subdivision IV "Residential Multifamily, Medium Intensity," Section 142-212, "Main Permitted Uses," To Expand Tile Allowable Uses In The RM-2 District To Include Certain Types Of Office Uses That Afe Associated With Nearby Hotels On Collins Avenue; Providing Far Repealer; Severability; Codification; And An Effective 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, C1ty Hall, Miami Beach, Florida 33139. Copies of the proposed amendments are available in the Planning Department. This meeting or this item may be continut~d, and under such circumstances. additional legal notice need not tJ€ provided. Pursuant to Florida Statutes §286.0105, the City hereby advises the public that if a person decides to appeal any decision made by the City Commission with respect to an~ matter considered at its meeting or its heanng, such person must ensure that a vertJatim 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 nat 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 live days In advance at 305-673-7 411 (~nice) or m users may also call the Florida Relay Service at 711 Rafael E. Granado, City Clerk Ad 865 '.i.IAN. BEACH MiamiHerald.com I MIAMI HERALD 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 the City of Miami Beach proposes to adopt the following ordinance, a f1rst reading/public hearing will be h~d by the Mayor and City Commissioners of the City of Miami Beach, Florida, in the Commission Chambers, 3'" Floor. City Hall. 1700 COnvention Center Drive, Miami Beach, Florida 33139, on Wednesday, March 5, 2014at 10:25 a.m. to consider: Alton Road Historic District Buffer Overlay. An Ordinance Amending The Code Of The City Of Miami Beach, Florida. By Amending Chapter 142, "Zoning Districts Md Regulations," Article Ill, "Ove~ay Districts." Creating Division 8 "Alton Road-Histocic District Buffer Overlay," By Including Section 142·858 'Location And Purpose," And Section 142-859 "Development Regulations," Including Among Other Provisions Regulations On Maximum Floor Area Ratio; Maximum Building Height; Minimum SetbackS; Building Separation; Demolition Or Additions To Contributing Buildings In An Histoclc District; And Land Use Regulations for Location Of Retail Uses, Restauraots. Bars. Entertainment Establishments, Alcolmlic Beverage Establislmenls And Similar Uses; Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq. Ft.; And Prohibiting AlcohOlic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance; Providing For Cod Hi cation; Repeater; Severability: And An Elfect1ve Date. luquiries may be directed to the Planning Depanment at 305-1173-7550. The properties that may be Impacted by the proposed Ordinance are shown on 111e 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 Con~ention Center Drive, City Hall. Miami Beach. Florida 33139 Copies of the proposed amendments are a~allable in the Planning Department This meeting or this item may be continued, and under such circumstances, additional legal notice need not be provided. Ad 864 Pursuant to Florida Statutes §2B6.0105, the City hereby advises the public that ~l/l~~¥lQF=~~ if a person decides to ~ appeal any decision made ff~::;~rn'·' r-, IJ~ the City commission ~~ ~ G_ . -w11t1 respect to any matter . :-L~ considered at its meeting f11I. , GU~ or its hearing, SUCh person must ensure that a verbatim record of the proceedings Is made, which record must include the testimony and ~··-b::':IJ;;;l evidence upon which the -• ~ -appeal is to be based. This notice does not constitute consent by the City lor 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 il:! -t=] 4~~ In accessible format. sign l."'rrllr~~~'~ 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 live days in advance at305-673-7411 (voice) or m users may also call the Florida Relay Service at711 Rafael E. Granado. City Clerk ,/ 'BEACH
w 00 ~ X MIAMI HERALD I MiamiHerald.com MIAMI BEACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS Nc THURSDAY, FEBRUARY 20, 2014 I 15NE NOTICE IS HEREBY given that a public hearing will be held by the Mayor and Citv 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, March 5, 2014 to consider the following: 10:05 a.m. File No. 2147. 4000 Alton Road, Talmudic Univorslty -FLUM Amendment-An Ordinance Amending The Future Land Use Map Of Tile Comprehensive Plan By Changing The Future Land Use Category For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As EKhibit "N' Hereto, From The Current ROS, "Recreation And Open Space,"To The Future Land Use Category Of RM-2, "Residential Multifamily Medium Intensity;" Providing For Inclusion In The Comprehensive Plan, Transmittal, Repealer, Severability And An Effective Date. [lfllluiries may be directed to the Planning Department at 305-673-7550.) 10:10 a.m. Rle No. 2148.4000 Alton Road. Talmudic University· Zoning Map Change-An Ordinance Amending The Official Zoning District Map. Referenced In Section 142-72 OIThe Code Of The City Of Miami Beach, Florida, By Changing The Zoning District Classification For Parcels Of Land Adjacent To What Is More Commonly Known As The "Talmudic University," More Particularly Described In The Legal Description Attached As Exhrbrt "A" Hemlo, From The Current Zoning Classification GU, "Government Use District," To The Proposed Zoning Classification RM·2, "Residential Multi-Family Medrum Intensity," Providing For Codification, Repealer, Severability And An Effective Date. (Inquiries may be directed to the Planning Department at 305-673-7550.) 10:25 a.m.Aiton Road Historic District Buffer Overlay" An Ordinance Amending The Code Of The City Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Dlstr1cts And Regulations," Article Ill. "Overlay Districts," Creating Division 8 "Alton Road-Historic Distrrcl Butler Overlay," By Including Section 142·858 "Location And Purpose," And Section 142,859 "Development Regulations," Including Among Other Provisions Regulatiors On Maximum Floor Area Ratio; Maximum Building Height; Minimum Setbacks; Building Separation; Demolition Or Additions To Contributing Buildings In An Hrstoric District; And Land Use Regulations For Location Of Retail Uses. Restaurants, Bars. Entertainment Establishments, Alcoholic Beverage Establishments And Similar Uses: Requiring Conditional Use Approval Of Such Uses In Excess Of 10,000 Sq Ft.; And Prohibiting Alcoholic Beverage And Entertainment Establishments In Open Areas With Exceptions As Prescribed In The Ordinance: Providing For Codification; Repealer; Severability; And An Effective Dale. (Inquiries may be directed to the Planning Department at 305·673-7550.) 10:41! a.m. Building Department Permit Fees -Al1 Ordinance Amending Chapter 14 Of The City Code, EntiHed "Building Regulations," By Amending Article II, Entitled "Construction Standards," By Amending Division 2, Entitled "Permit Fees," By Amending The Following Sections Therein, To Wit: Section 14-61, Entitled "Permit Fees, Generally"; Section 14-62, Entitled "Building Permits"; Section 14·63, Entitled "Plumbing Permits"; Section 14-64, Entitled "Electrical Permits"; Section 14-65, Entitled "Mechanical Permits"; Section 14-66, Entitled "Annual Facilitv Permit"; Section 14-67, Entitled "Forty-Year Building Recertification Program"; Section 14-68, Entitled "Occupant Content Sign"; Section 14-70, Entitled "General Information"; Section 14-71, Entitled "Temporary Structure": To Provide For Express Permits. Phase Permits, Private Provider Fee Discounts, Permit Fee Reductions And Refunds, And To Provide For A More Efticient, Effective, And Transparent Way To Assess Fees For Building Permit Services. And By Amending Corresponding Portions Of Division 2 Of Appendix A Of The City Code, Entitled "Permit Fees," Relating To Building, Plumbing, Electrical, And Mechanical Work. And Other Building Department Activities; Providing For Repealer. Severability, Codification, And An Effective Dale. (Inquiries may be directed to the Building Department at305-673-7610.) 10:50 a.m. Resort Tax Ordinance-An Ordinance Amending The Code DfThe City Of Miami Beach, Florida, By Amending Chapter 102 Entitled "Taxation,'" By Ameooing Article IV Entitled "Resort Tax." By Amending Division 4 Entitled "Tax," By Amending Section 102-314 Entitled "Penalties And Interest." By Amending Subsection (F) Thereof (And Including The Corresponding AmendmentTo Appendix "A" Thereto), Regarding The Establishment Of A Fixed Late Reporting Penalty For Annual Returns Filed Late, Wllere No Tax Is Due; Providing For Codification; Repealer; Severabilitv; And An Effective Date. (Inquiries may be directed to the Finance Department at 305-673-7 466 .) 11:00 a.m. An Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 2, Entitled "Administration," By Amending Article Ill, Entitled "Agencies, Boards And Committees," By Amending Section 2-27, Entitled "Reserved." To Create A 517th Vote Requirement For The Creation 01 Agencies, Boards And Committees; Providing E~ceptions Thereto; And Providing filr Repealer, Severability, Codification, And An Effective Date. (Inquiries may be directed to the City Attorney's Office at 305-673-7470.) 11:10 a.m. Fire And Pollee Pension Ordinance -An Ordinance Amending Part I, Subpart B, Article IX, Related Special Acts, Of The Miami Beach Citv Code Entitled "Pension System filr Disability And Retrrement Oi Members Of Police And Fire Departments"; Implementing Provisions Of The 2012·2015 Collective Bargaining Agreements Between The City And Fire Fighters Of Miami Beach, (IAFF) Local 1510, And Miami Beach Fraternal Order Of Police, William Nichols Lodge No. 8 [FOP); Implementing Recommendatrons Of The Budget Advisory Committee, A Memorandum Of Understanding And Other Changes; Amending Section 63 Entitled "Source Of Monies For Fund; Computation Of Liability; Use And Investment Of Fund"; "Service Record"; And Amending Section 66 Entitled "Service And Disability Benefits Generally"; Providing For Severability; Repealing All Ordinances In Conflict Therewith; And Providing filr An Effective Date. (lnqurries may be directed to the Human Resources Department al305-673·7524.) 11:20 a.m. A Resolution To Adopt The Third Amendment To The Capital Budget For Fiscal Year (f\') 2013/14. (Inquiries may be directed to the Office of Budget & Performance Improvement at 305-673·751 0.) 11:30 p.m. RM·2 Hotel Office Uses-An Ordinance Amending The Land Development Regulations Of The Code Of The City Df Miami Beacl1, By Amending Chapter 142, "Zoning Districts And Regulations" Article II "District Regulations," Division 3 "Residential Multifamily Districts," Subdivision IV "Residential Multifamily. Medium Intensity." Se~:tion 142·212, "Marn 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. (Inquiries may be directed to the Planning Department at 305-673-7550.) INTERESTED PARTIES are invited to appear at this meeting. or be represented by an agent, or to e~press their views in writing addressed to the City Commission, c/o the City Cieri<., 1700 Convention Center Drive, 1 "'Floor, City Hall, Miami Beach, Florida 33139. A copy of this item is available for public Inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1" Floor, City Hall, Miami Beach, Florida 33139. This meeting or this item may be continued. and under such circumstances, additional legal notice need not be provided. Rafael E Granado. Cltv Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat, the Citv hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter consrdered at its meeting or its l1earing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by t11e City lor 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 Cltv-sponsored proceeding, please contact us five days in advance at (305) 673-7 411 (voice) or nY users may also call the Florida Relay Service at 711. AD#862
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