R5H-RM-3 Accessory Uses -Malakoff-COMM]SSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment modifying allowable Accessory Uses for
Buildinqs located within the RM-3 zoninq district.
AGETITDA rrelr RS l-l
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
ng Data (Surveys, Environmental Scan, etc 48o/o of residential respondents and 55% of
businesses rate the effort out forth bv the Citv to is "about the riqht amount."
2ndfloorofficespaceaSanAccessoryUsewithinexisting
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 approval of the subject Ordinance by a vote of
5to0.
Board Recommendation:
Financial !nformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial 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
budoet.
Thomas Mooney
T:\AGENDA\2014\July\RM3 Accessory Uses - SUM First Reading.docx
E MIAMIBEACH D^rE 1'73'lv635
g MIAMIBEACH
Gity of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
To: Mayor Philip Levine and Members
FRoM: Jimmy L. Morales, City Manager
DATE: July 23,2014
SUBJECT: RM-3 ACCESORY OFFICE USES
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE BY AMENDING CHAPTER 142,..ZON!NG DISTRIGTS AND REGULATIONS," ARTIGLE IV..SUPPLEMENTARY DISTRIGT REGULATIONS,'' DIVISION 2,
"ACCESSORY USES," SECTION 142-902, "PERMITTED ACCESSORY
USES," AMENDING CRITERIA FOR AGCESSORY USES IN APARTMENT
BUILDINGS; PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE 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
READING. PUBLIC HEARING
636
Commission Memorandum
Ordinance - RM3 Accessory 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.
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 September 10, 2014.
JLM/JMJ/TRM
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637
RM.3 ACCESSORY USES
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," ARTICLE IV "SUPPLEMENTARY DISTRICT
REGULATIONS," DIVISION 2, ,,ACGESSORY USES," SECTION
142-902, "PERMITTED ACCESSORY USES," AMENDING
CRITERIA FOR ACCESSORY USES IN APARTMENT BUILDINGS;
PROVIDING FOR REPEALER; GODIFICATION; SEVERABILITY
AND AN EFFEGTIVE 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 GITY OF MIAM! BEACH, FLORIDA:
SECTION 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:
Article lV, Supplementary District Regulations
Division 2. Accessory Uses
***
Sec. 142-902 Permitted accesso4z uses
(2) Apartment buildings may have the accessory uses based upon the below criteria:
638
a.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 iR the highest floor of a
building; however, office space, when oriqinallv constructed on the second level of
an existino building 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
b.
c.
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 142-905(bX1).
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.
2
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 70o/o 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. GODIFICATION.
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.
SEGTION 5. EFFEGTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of 2014.
ATTEST:
CITY CLERK
MAYOR
640
APPROVED AS TO
FORM AND I.ANGUAGE
& FOR EXECUTION
L 1-s-tk
First Reading:
Second Reading:
Verified by:
Underscore denotes new language
$rilenreugh denotes deleted language
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July 23,2014
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il![ftHERtlD I f.liamiHenld-com IHUR5DAY. JULYN, 2O'I4 I Tl{E
MIAMIBTACH
CITY OF MIAMI BEACH
HOTICE OF PUBLIC HEARINO
NoTICE lS HEBEBY given ftat a Hrst Reading/Public Hearing will be held by fie Mayor and City Commission 0f he City of Miami Beach,
Florida, in tre Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida,0n WEdne$a$ July 23,2014,
to consider the following:
5:01 p.m.
RM-3 Accessory Uses:
An 0rdinance Amending The land Development Begulations 0f The City Code By Amending Chapter 142, "Zoning Districts And Regulations,"
Article IV "supplementary District Regulations," Oivision 2,'Accessory Uses," Seclion 142-902,'Permitted Accessory Uses," Amending Criteria
tgr Accessory Uses ln Afartment Buildings; Providing For Repealer; Cod'rfication; Severability And An Effective Dale. lnguiries mry b directed
ts ffia Plannhg Deprtnent a|306.673.7550.
lnterested parties are invitd to appeer at this meeling, or be represeriled by an agent, or lo expres fieir vis*ts in writing addressed to
lhe City Commission, c/0 fie Crty Clerk, 1700 Coflvention Cefiter Drive, 1$ Floff, qU Hall, Miami Beach, Florida 33'139. C@ies of fiis item is
available lor public inspection during normal business hours in he Oty 0erkb 0ftice, 1700 Convention Cenler Drive, 1s Flos, City Hall, Miami Beach,
Flqida 33139. This meeting,0r any item firein, may be continued, and under such circumslances, additional legal noiice need not be prodded.
Pursuant t0 Section 286,0105, Fla. Stal., tre City hereby advises tre pr:b,lic 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, sudt person musl ensure fiat a verbatim record of
the proceedings is made, which record includes fie testimuny and evidence upon which the appeal is to k based. This notice does not
constifute consent by tre City lor fie infoduction or admission of otherwise inadmissible or inelevant evidence, nor does it authorire challenges
or appeals not o&erwise allowed by law
To requesl fiis material in accessible formal, sign language inlerpeters, information 0n access for persons with disabilities andl
or any accommodation ta review any document 0r garticipate in any City-sponsored proceeding, please contact us live days in advance
at 305.673.741'l(voice) or TTY users may also call the Florida Relay Service at 71 'l .
Rafael E. Granado, City Clerk
Cig ol Miami Beach
905
642
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