C4C-Ref- Planning Board - Modify Conditional Use Approval For Uses In RM-1 Areasg MIAMIBEACH
City of Miomi Beoch, I200 Convention Cenier Drive, Miomi Beoch, Florido 33'1 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members ol the City
Jimmy L. Morales, City Manager
July 23,2Q14
REFERRAL TO THE PLANNING BOARD -
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
TO MODIFY THE CONDITIONAL USE APPROVAL REQUIREMENTS FOR
CERTAIN USES IN RM-1 AREAS OF THE COLLINS WATERFRONT HISTORIC
DISTRIGT
ADMINISTRATION RECOMMEN DATION
Refer the attached Ordinance Amendment to the Planning Board for consideration and
recommendation.
BACKGROUND
On April 23,2014, at the request of Commissioner Michael Grieco, the City Commission referred
this request to the Land Use and Development Committee. On June 12, 2014, the Land Use
Committee discussed the proposal, and recommended that the City Commission refer the
proposed Ordinance Amendment to the Planning Board.
ANALYSIS
The RM-1 residential multifamily, low density district is designed for low intensity, low rise, single-
family and multiple-family residences. The main permitted uses in the RM-1 district are single-
family detached dwellings, townhomes and residential apartments. The following 'Conditional
Uses' are also permitted within the RM-1 Zoning District:
o Adult Congregate Living Facility;. Day Care Facility;o Nursing Home;. Religiouslnstitutions;o Private And Public lnstitutions;o Schools;. Commercial or Noncommercial Parking Lots And Garages.
The Miami Beach Women's Club Building is a designated Historic Site (HPS-5) and is located
within the boundaries of the Collins Waterfront Local Historic District. Additionally, the Women's
Club site is zoned RM-1, and thus limited to the uses listed above.
As the Women's Club structure was designed and built as an 'Assembly Hall', the adaptive re-use
of the facility has proven to be challenging, particularly within the confines of a more restrictive,
low-density multi-family zoning district. ln order to address this issue, a proposal has been put
Agenda ltem C? C
oate 7-23-/Y
TO:
FROM:
DATE:
SUBJECT:
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Commission Memorandum
Referral to Planning Board - Collins Waterfront CUP Procedures Ordinance
July 23, 2014 Page 2 of 2
foruvard to expand the list of conditional uses in the RM-1 district, for certain properties located
within the Collins Waterfront Local Historic District (See attached map illustrating the boundaries of
this area.
Specifically, a 'Hall-for-Hire and/or Restaurant use would become a conditional use for properties
located in the Collins Waterfront Local Historic District, which are designated as Historic Sites.
Such an amendment would not be limited to a single piece of property, and would give the owners
of the historic Women's' Club structure much needed latitude to accommodate a tangible, adaptive
re-use of the structure. Further, as the subject use would require the review and approval of the
Planning Board, appropriate intensities of use, as well operational safeguards would be at the
discretion of the Planning Board.
ln order to ensure that any future hall-for-hire use and/or restaurant is compatible with the low
scale, residential character of the immediate geographical area, the Administration would suggest
additional limitations on any future proposed conditional use. These would include:
o The prohibition of dance halls, entertainment establishments, neighborhood impact
establishments, outdoor entertainment establishments, open air entertainment
establishments and outdoor music (including background music), proposed to be operated
on a permanent basis.
o Stand-alone bars and alcoholic beverage establishments, not functioning as a restaurant,
shall be prohibited.
o The hours of any outdoor dining uses would be limited to no later than 10:00 p.m.
o The total number of seats of any stand-alone restaurant would be limited to no more than
125.
With appropriate safeguards and controls, the use of the facility as a hall-for-hire, or neighborhood
type caf6 could be an asset to the surrounding area, as well as provide a mechanism for the use of
the restored, historic structure. The attached draft Ordinance includes all of the aforementioned
proposals.
CONCLUSION
ln accordance with the June 12, 2014 recommendation of the Land Use and Development
Committee, the Administration recommends that the Mayor and the City Commission refer the
attached Ordinance Amendment to the Planning Board.
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Gonditional Uses in Collins Waterfront District
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 142, "ZONING DISTRICTS AND
REGULATIONS", ARTICLE !1, "DISTRICT REGULATIONS", DIVISION
3, "RESIDENTIAL MULT!FAM!LY DISTRICTS", SUBDIVISION II, "RM.
1 RESIDENTIAL MULTIFAMILY LOW INTENSITY", TO MODIFY THE
CONDITIONAL USE REQUIREMENTS FOR PROPERTIES LOCATED
WITHIN THE COLLINS WATERFRONT LOCAL HISTORIG DISTRIGT;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND
AN EFFECTIVE DATE.
WHEREAS, the City Code contains provisions for conditional uses within the
RM-1 zoning districts; and
WHEREAS, the City of Miami Beach desires to amend existing regulations
pertaining to conditional uses within the RM-1 zoning districts; and
WHEREAS, the Planning Board recommended approval of this Ordinance at its
meeting dated , 2014 by a vote of _; and
WHEREAS, the amendment set forth below is necessary to accomplish all of the
above objectives.
NOW, THEREFORE, BE !T ORDAINED BY THE MAYOR AND CIry
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTIONl. Chapter 142, "Zoning Districts And Regulations", Article ll, "District
Regulations", Division 3, "Residential Multifamily Districts", Subdivision ll, .RM-1
Residential Multifamily Low lntensity", of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
Sec. 142-153. Conditiona! uses.
(a) The conditional uses in the RM-1 residential multifamily, low density 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.
(b) For properties located in the Collins Waterfront Local Historic District, which are
desiqnated as a Local Historic Site, a hall for hire and/or restaurant use mav be
considered as a conditional use provided that:(1) Dance halls. entertainment establishments. neiqhborhood imoact
establishments. outdoor entertainment establishments, open air
entertainment establishments and outdoor music (includinq backoround
music). are not operated on a permanent basis.(2) Stand-alone bars and alcoholic beveraqe establishments, not
functioninq as a restaurant. shall be prohibited.
(3) The hours of anv outdoor dininq uses shall be limited to no later
than 10:00 p.m., 7 davs a week:
1
248
(4) The total number of seats of anv stand-alone restaurant shall not
exceed 125.
SECTION 2. COD!FICATION.
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. SEVERABILIry.
lf 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.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO FORM
AND LANGUAGE
AND FOR EXECUTION
City Attorney Date
First Reading: September 10,2014
Second Reading: October _,2014
Verified By:
Thomas R. Mooney, AICP
Planning Director
Underline = new language
S+ike$reugh = deleted language
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