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R5H-RM-3 Accessory Uses -Malakoff-COMMISSION ITEM SUMMARY lntended Outcome Su lncrease satisfaction with neighborhood character. lncrease satisfaction with development and rowth manaqement across the City. Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of businesses rate the effort out forth bv the Citv to reoulate is "about the riqht amount." Condensed Title: First Reading to consider an Ordinance Amendment modifying allowable Accessory Uses for rtment Buildinos located within the RM-3 zonino district. AGENDA rrer,r Rs l-l The proposed Ordinance would allow 2nd floor office space as an Accessory Use within existing apartments located in the RM-3 district, provided such office space was original to the building. 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 September 10,2014. On June 24,2014, the Planning Board recommended approvalof the subjectOrdinance byavote of 5to0. Financial lnformation : Source of Funds: Amount Account 1 2 3 OBPI Total Financia! lmpact Summary: ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider the longterm 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 budqet. Thomas Mooney T:\AGENDA\2014\July\RM3 Accessory Uses - SUM First Reading.docx E MIAMIBEACH o,fil 1-771v635 @ MIAMIBEACH Ciiy of Miomi Beoch, ,|700 Convenlion Cenler Drive, Miomi Beoch, Florido 33,l 39. www.miomibeochfl.gov COMMISSION MEMORANDUM Mayor Philip Levine and Members of the City C FRoM: Jimmy L. Morales, City Manager DATE: July 23,2014 SUBJECT: RM-3 ACCESORY OFFIGE USES FIRST READING. PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE C!ry CODE BY AMENDING CHAPTER 142,..ZONING DISTRICTS AND REGULATIONS," ARTICLE IV..SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2, "ACCESSORY USES," SECTION 142-902,,,PERMITTED ACCESSORY USES," AMENDING GRITERIA FOR ACCESSORY USES IN APARTMENT BUILDINGS; PROVIDING FOR REPEALER; GODIFICATION; SEVERABILIW AND AN EFFEGTIVE DATE. ADMINISTRATION RECOMMENDATION 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 September 10, 2014. BACKGROUND On February 12, 2014, at the request of Commissioner Jonah Wolfson, the City Commission referred an ordinance to the Land Use and Development Committee (LUDC) pertaining to accessory uses in RM-3 districts. On March 19, 2014, the LUDC referred the proposed ordinance amendment to the Planning Board for consideration. ANALYSIS Presently, Section 142-902 of the Land Development Regulations of the City Code the Land Development Regulations of the City Code restrict accessory uses in apartment buildings to the ground floor, subterranean level, or the highest floor of the building in RM-3 districts. The proposed ordinance amendment would permit office space, as an accessory use on the second floor of apartment buildings located in the RM-3 zoning districts, provided that the office space was part of the original construction. ln the RM-3 district, there are several apartment buildings such as the Mirador, the Roney Palace, and the Decoplage, which were originally built with office space on the 636 Commission Memorandum Ordinance - RM3 Accesso4z Uses July 23, 2014 Page 2 of 2 second floor. When either the zoning district was changed from CD-3 to RM-3, or the building converted to an apartment building from a hotel, the offices on the second floor became legal non-conforming uses due to the restriction on accessory uses in apartment buildings to the ground floor, subterranean level, or the highest floor in RM-3 districts. Specifically, section 118-394 of the City Code, pertaining to the "Discontinuance of Nonconforming Uses" states the following: "No building, structure, equipment, fixtures or land, or portion thereof, used in whole or in part for a nonconforming use which remains idle or unused for a continuous period of six months, or for 18 months during any three-year period whether or not the equipment or fixtures are removed, shall again be used, except in conformity with the regulations of the district in which such building or land is located." The effect of this language is that if the business licenses for legal non-conforming office uses on the second floor of any of these buildings should expire for more than six months, the office uses lose their status as a legal non-conforming use. Consequently, the space would have to remain unused, convert into residential units, or convert into a non-commercial accessory use that is allowed in the RM-3 district. PLANNING BOARD REVIEW On June 24, 2014, the Planning Board transmitted the proposed Ordinance to the City Commission with a favorable recommendation by a vote of 5 to 0 (PB File No. 2178). FISCAL IMPACT ln 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 Most offices that exist on the second floors of apartment buildings in the RM-3 districts are typically low scale, low traffic, neighborhood service office uses, and are frequented by residents in the buildings and the surrounding neighborhoods. As such, the Administration is supportive of the proposed Ordinance, which would allow office uses on the second floor of apartment buildings, where offices were the intended use on the original building construction plans. GONCLUSION 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 September 10, 2014. JLM/JMJ/TRM T:\AGENDA\2014Uuly\RM3 Accessory Uses - MEM First Reading.docx 637 RM.3 ACCESSORY 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 GIry CODE BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV "SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 2, ,,ACCESSORY USES," SECTION 142-902, ,,pERMITTED ACCESSORY USES," AMENDING GRITERIA FOR ACCESSORY USES IN APARTMENT BUILDINGS; PROVIDING FOR REPEALER; GODIFIGATION; SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the City of Miami Beach Land Development regulations contain an article for accessory uses; and WHEREAS, the apartment buildings in the RM-3 district are currently not permitted to have commercial offices on the second floor; and WHEREAS, many apartment buildings in the RM-3 district were built with commercial offices on the second floor; and WHEREAS, the City seeks to modify the criteria for accessory uses in the apartment buildings; and WHEREAS, this proposed amendment does not increase the intensity of existing apartment buildings. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION OF THE CITY OF MIAM! BEAGH, FLORIDA: SEGTION 1. That Chapter 142, "Zoning Districts and Regulations," Article lV, "Supplementary District Regulations," Division 2, "Accessory Uses," Section 142-902, of the Land Development Regulations, are hereby amended to read as follows: Afticle lV, Supplementary District Regulations Division 2. Accessory Uses *** Sec. 142-902 Permitted accesso4y uses (2) Apartment buildings may have the accessory uses based upon the below criteria. 638 a. b. 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. Public telephones and vending machines shall only be permitted to be located inside buildings; however, one public telephone may also be permitted outside, as long as it is not located in a required front yard, required side yard facing a street, or on a facade facing a street; the exact location and manner of placement of all public telephones shall be subject to design review approval. One automatic teller machine shall be permitted on the exterior walls of buildings, when associated with an accessory commercial use allowed under subsection 142-902(2)e., except in historic districts. The exact location and manner of placement for automatic teller machines shall be subject to design review approval. Buildings in the RM-3 and R-PS4 districts may have commercial, office, eating or drinking uses with access from the main lobbv or from te the street if they are either located on in the ground floor spaee, subterranean level or on in the highest floor of a building; however, office space, when orioinallv constructed on the second level of an existino buildino mav be retained and when located on the ground floor, shall be at least 50 feet from the front property line. Solarium, sauna, exercise studio, residents or open to the public by appropriate agencies. health club or massage service for use by an individual licensed by the state or other d. e. f. g. Any accessory commercial use as permitted herein shall be located on the lobby level or first floor if no apartment units on such levels. This provision shall not apply to home based business offices as provided for in section 142-1411 h. Family day care centers as defined in subsection 1a2-905(b)(1). i. 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. 639 j. Buildings in the RM-2 district in the area bounded by lndian Creek Drive, Collins Avenue,41't Street and 44 th Street that face the RM-3 district may have restaurant, coffee house, sundry shops, or food market uses located in ground floor space not to exceed 70% of the ground floor. These uses may have direct access to the street. Dance halls, entertainment establishments, neighborhood impact establishments, outdoor entertainment establishments, or open air entertainment establishments are not permitted. Outdoor music (including background music) is prohibited. Any outdoor uses on lndian Creek Drive shall be limited to no later than 11:00 p.m. Parking requirements for accessory commercial uses in newly constructed buildings must be satisfied by providing the required parking spaces, and may not be satisfied by paying a fee in lieu of providing parking. There shall be no variances from these provisions. SEGTION 2. REPEALER. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. CODIFICATION. It is the intention of the City Commission, 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 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 4. SEVERABILITY. 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. ATTEST: 3 CITY CLERK MAYOR 640 '"-'frtf,^B",Xl'ot1#& FOR EXECUTIONffi '-';:: First Reading: Second Reading: July 23,2014 0, Verified by: Thomas R. Mooney, Planning Director Underscore denotes new language S+it<et+rcugh denotes deleted lang uage T:\AGENDA\2O14Uuly\RM3 Accessory Uses - ORD First Reading.docx 4 641 illll'll IERALD I MiamiHenld.com THURSDAY, rUtY10, 2014 I It{E AAIAMISEACH GITY OF MIAMI BEAGH NOTIGE OF PUBLIG HEAHING N0TICE lS HEREBY given that a Hrst Reading/Public Hearing will be held by the Mayor and City Commission 0f the City of Miami Beach, Florida, in &e Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, 0n Wednesday, July 23,2914, to consider the following: 5101 p.m. RM-3 Accessory Uses: An 0rdinance Amending The l-and Development Regulations 0f The City Code By Amending Chapter 142, 'Zoning Districts And Regulations," Article IV "Supplementary District Regulations," Division 2, lAccessory Uses," Section 142-gA2, "Permitted Accessory Uses," Amending Crileria For Accessory Uses ln Afartment Bulldings; Providing tur Repealer; Codification; Severability And An Effective Dale. lnguiries may h directed ta ilta Planning 0ewtnent at 345.673.7554. lnterested parties are invited to appsar at this meeting, or be represented by an agent, or to express tpir visrtrs in writing addressed to the City Commissim, clo tre City Clerk, 1700 Convenlion Center Drive, 1s Floor, Oty Hall, Miami Beach, Florida 33139. C@ies of tris item is available for public inspection during normal business hours in the City Oerkl 0flice, 1 700 Convention Center Drive, 13 Floor, CB Hall, Miami Beach, Florida 33139. This meeting,0r any item therein, may be continued, and under such circumstances, additonal legal notice need not be profided. Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the p:blic hat if a person decides to appeal any decision made by the Cig Commission with respect to any matter considered at its meeting or its hearing, u.rch person must ensure that a verbatim record of the proceedings is made, which record includes the testimsny and evidence upon which the appeal is to h based. This notice does not constifute consent by the City for fie intoduction or admission of othenuise inadmissible 0r inelevant evidence, nor does il authorize challenges 0r appeals not otherwise all0wed by law To request fiis material in accessible format, sign language intergeters, intormation 0n access for persons with disabilities andl or any accommodation to review any tlocurnent or garticipate in any City-sponsored proceeding, please contact us live days In advance at 305.673.741 1(voice) or TTY users may also call the Florida Re lay Service at 71 1 . Ralael E. 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