R5H-RM-2 Accessory Office Uses For Bay Front ApartmentsCOMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to modify the requirements for Accessory Office
Uses within bay front apartment buildings 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:
FIRST READING PUBLIC HEARING
The proposed Ordinance would modify existing requirements for the certain types of accessory office
uses within apartment buildings located along Biscayne Bay and within the West Avenue Overlay
District, and zoned 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 April 23, 2014.
NOTE: 2"d Reading of the subject Ordinance must be after 5:00 pm, unless the City
Commission, by a majority plus one vote, elects to conduct the hearing at another time of day.
Advisory Board Recommendation:
On January 28, 2014, the Planning Board transmitted the subject Ordinance to the City Commission
with a favorable recommendation by a vote of 5 to 1 (Henry Stolar 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
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MIAMI BEACH
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AGENDA ITEM ~f?_5-:-H....-
DATE _3--'-5'----_,_/l.(+--
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
FROM: Jimmy L. Morales, City Manager
DATE: March 5, 2014 FIRST READING PUBLIC HEARING
SUBJECT: RM-2 Accessory Offices in Bayfront Apartment Buildings
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACHJ FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 142J "ZONING DISTRICTS AND REGULATIONS"
ARTICLE II "DISTRICT REGULATIONS", DIVISION 3 "RESIDENTIAL
MULTIFAMILY DISTRICTS'\ SUBDIVISION IV "RESIDENTIAL
MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-213, "CONDITIONAL
USES," TO EXPAND THE CONDITIONAL USES IN THE RM-2 DISTRICT TO
INCLUDE CERTAIN TYPES OF NON-MEDICAL OFFICE USES FOR BAY
FRONT APARTMENT BUILDINGS; 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 April 23, 2014.
BACKGROUND
In 2011 the Land Use and Development Committee began discussions on an Ordinance
change that proposed to allow small office as accessory commercial uses in apartment
buildings within the RM-2 zoning district Such uses would have included real estate
offices, property management offices, and other similar types of non-medical office uses.
On May 16, 2012, the Land Use Committee referred an Ordinance to the Planning Board
for consideration, which proposed to allow certain types of non-medical office uses as a
'Conditional Use' in Apartment buildings located within RM-2 zoning districts. On July 24,
2012, the Planning Board considered the proposed Ordinance (PB File No. 2077) and
recommended DENIAL. On April 3, 2013 a member of the Planning Board requested
that the July 24, 2012 action of the Planning Board be re-considered; on April 30, 2013,
this reconsideration request was withdrawn.
On June 5, 2013, at the request of Commissioner Wolfson, the City Commission
Referred a discussion item regarding a proposed amendment to Section 142-213 of the
City Code, pertaining to Conditional Uses in the RM-2 District, to the Land Use and
Development Committee.
384
Commission Memorandum
Ordinance: RM-2 Accessory Offices in Bayfront Apartment Buildings
March 5, 2014 Page 2 of 3
On October 23, 2013, the Land Use and Development Committee discussed the
proposal, specifically as it would apply to bayfront apartments within the West Avenue
Overlay District, and recommended that the subject Ordinance be referred to the
Planning Board. On December 11, 2013, the City Commission referred the item to the
Planning Board.
ANALYSIS
In the RM-2 Zoning District, Apartment uses have limited permitted accessory uses.
Pursuant to Section 142-902 of the City Code, the following are permitted accessory
uses for apartment uses in the RM-2 district:
Mechanical support equipment and administrative offices and uses that maintain
the operation of the building.
Washers and dryers shall be located inside a structure or not visible from a right-
of-way.
A dining room which is operated solely for the residents in the building shall be
located inside the building and shall not be visible from the street with no exterior
signs, entrances or exits except for those required by the South Florida Building
Code. However, a dining room shall not be allowed in the RM-1 district except for
those dining rooms associated with adult congregate living facilities.
• Solarium, sauna, exercise studio, health club or massage service for use by
residents or open to the public by an individual licensed by the state or other
appropriate agencies.
Family day care centers as defined in subsection 142-905(b)(1) of the City Code.
• One property management office for the purpose of managing residential units
within the building as well as residential units located in other buildings under
common beneficial ownership, as long as the total number of units does not
exceed a maximum of 100 units.
The referral from the City Commission recommended that non-medical, low intensity
offices, such as architect offices, accountant offices, attorney offices and real estate
offices, be permitted as a Conditional Use within the lobby level of bay front apartment
buildings.
In previous discussions on this subject, the consensus was that limited office uses on
the ground floor of an apartment building in the RM-2 zoning district would likely have a
minimal impact upon the surrounding residential neighborhood, provided that such uses
be required to obtain Conditional Use approval by the Planning Board. Additionally, the
discussion at the Land Use Committee centered on those apartment structures on the
east of Biscayne Bay, within the West Avenue Overlay District.
The non-medical office uses proposed, while slightly more intense than the main
permitted apartment use, should be able to satisfy Planning requirements for
compatibility with the surrounding neighborhood, if properly controlled. Adequate
parking requirements would also be considered, as residential projects within the RM-2
district typically have just enough parking for the actual residential units.
PLANNING BOARD REVIEW
The Planning Board reviewed the proposed Ordinance on January 28, 2014, and
recommended approval by a vote of 5 to 1 (Henry Stolar Opposed).
385
Commission Memorandum
Ordinance: RM-2 Accessory Offices in Bayfront Apartment Buildings
March 5, 2014
FISCAL IMPACT
Page 3 of 3
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 April 23, 2014.
JLMJJMJ/TRM
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RM-2 Accessory Office Uses for Bay Front Apartments
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 142-213, "CONDITIONAL USES," TO EXPAND
THE CONDITIONAL USES IN THE RM-2 DISTRICT TO INCLUDE
CERTAIN TYPES OF NON-MEDICAL OFFICE USES FOR BAY FRONT
APARTMENT BUILDINGS; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for accessory office uses in the
RM-2 District; and
WHEREAS, the City of Miami Beach seeks to provide a method for allowing
certain types of non-medical offices as accessory uses within bay front apartment
buildings ; and
WHEREAS, the City of Miami Beach desires to amend existing conditional use
requirements for bay front apartments located in the RM-2 district; 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. 142-213. -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;
accessory neighborhood impact establishment, as set forth in article V, division 6 of this
chapter; and non-medical. low intensity offices, such as architect offices, accountant
offices, attorney offices and real estate offices, which are located on the lobby level of
bay front apartment buildings located within the West Avenue Overlay District.
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
1
387
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: March 5, 2014
Second Reading: April 23, 2014
Verified By: ---=-:------=,---,---,------,,--:-:-=---
Thomas R. Mooney, AICP
Acting Planning Director
Underline = new language
Strikethrough = deleted language
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388
MAYOR
APPROVED AS TO FORM
. ,AND LANGUAGE
AND FOR EXECUTION
18 I WEDNESDAY. FEBRUARY 26. 2014 1-11 LOCAL & STATE
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
PUBLIC NOTICE IS HEREBY GIVEN that the Miami Boaach City
Commission will hold a meeting on WEDNESDAY, MARCH 5,
2014 al1h40 A.M. in th& City Commission Chambers. Third
Floor, City Hall. 1700 Cofl\lentlon Ce-nter Drive. Miami Beactl.
Flcrida. During this meeting the City Ccrnmlsslon w~l hold the
following public hearing:
RM-2 Accaaaory Otfica u .. a for Bay Front Apartments.
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
FtEGULATIONS", DIVISION 3 'RESIDENTIAL MULTIFAMILY
DISTRICTS" SUBDIVISION N "RESIDENTIAL MULTIFAMILY,
MEDIUM INTENSITY," SECTION 142-213. "CONDITIONAL
USES." TO EXPAND THE CONDITIONAL USES IN THE RM-2
DISTRICT TO INCLUDE CERTAIN TYPES OF NON-MEDICAL
OFFICE USES FOR BAY FRONT APARTMENT BUILDINGS;
PROVIDING FOR REPEALER~ SEVERABILITY: CODIFICATK:lN;
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 express meir views In
writing addressed to the City Commission. cro the City Clerk:,
1700 Convention Cente-r Drive>. 1" Aoor. City Hall Miami Beach.
Florida 33139. ACCfJY of this item l:savaJiab!eforpubllc Inspection
during normal business hours In the City Clerk's Office.
1700 Convention Center Drive. 1 .. Aoor. City Hall Miami Beach,
Florida 33139. This meeting or this item may be continued.
and under !SUC:h circumstances. additional lega• notic& need
not be pro.:Nided.
Rafael E. Granado. City Clerk
City ol Miami Beach
Pursuant to Section 286.0105. Fla. Stat.. the City hereby advises
th& publfc that it a p&rson decides to appeal anydecis.ion made
by the City Cornmi!Ssion with respect to any matter considered
at its meeting or Its hearing, such persrn must enwre that
a verbatim record of me proceedings is made. wnlcn record
includes. the testimony and evidence upon which the appeal fs
to be based. This notice does not cor~stitute consent by the City
tor the introduction or admission ot ol:t1erwise Inadmissible or
Irrelevant evidence, nor aoes. it authorize challengez or appetlls
not ottlerwlse til lowed by law.
To request this material In accessible format. sign langu<lge
interpreters. information on access for persons with disabilities
arldtor any accommodation to review any document or
participate in any City-sponsored proceeding, please contact
us f1ve days in advance at (305) 673-7411 (voce) or TT'l· users
may also call the Florida ~elay Ser\lic& at 711.
AD 1867
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