R5D-Conditional Uses In Collins Waterfront District -Grieco-COMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to modify the conditional use requirements for
RM.1 located within the Collins Waterfront Local Historic District.
lntended Outcome
AGENDA,T.* RtD
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmenta! Scan, etc 48o/o of residential respondents and 55% of
businesses rate the etfort put forth by the City to is "about the riqht amount."
Item Summary/Recommendation :
FIRST READING - PUBLIC HEARING
The proposed Ordinance would amend the Land Development Regulations to modify the list of
conditional uses for RM-1 properties located in the Collins Waterfront Local Historic district to allow for
hallfor hire and/or restaurant uses within a designated historic site.
The Administration recommends that the City Commission: 1) accept the recommendation of the Land
Use and Development Committee via separate motion; 2) approve the attached Ordinance at First
Reading and schedule a Second Reading Public Hearing for November 19, 2014; and 3) refer a
modification to the Land Development Regulations establishing a definition for'Hall for Hire' to the
Planninq Board.
On August 26,2014 the Planning Board recommended approval of the subject Ordinance by a vote
of 6 to 0 (Planning Board File No. 2205).
Financial lnformation:
Source of
Funds:
Amount Account
1
2
3
OBPI Tota!
Financial !mpact 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 longterm 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\October\RM-1 Collins Park CUP - ORD
MIAMIBEACH D^rE lo-Lz-lq329
MIAMIBEACH
Cify of iliomi Beoch, I700 Convention Center Drive, Miomi Beoch, Florido 33139. www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Mayor Philip Levine and Members
Jimmy L. Morales, City Manager
October 22,2014
Gonditional Uses in the Collins
READING . PUBLIC HEARING
Historic District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSTON OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDTNG GHAPTER 142,
"zoNlNG DlsTRlcTS AND REGULATIONS," ARTICLE lt, ,,DISTRICT
REGULATIONS," DIVISION 3, "RESIDENTTAL MULTIFAMTLY DISTRICTS,"
SUBDIVISION !!, "RM-1 RESIDENTIAL MULTIFAMTLY LOW INTENSITY,"
TO MODIFY THE CONDITIONAL USE REQUTREMENTS FOR PROPERTTES
LOCATED WITHIN THE GOLLINS WATERFRONT LOCAL HISTORIC
DlsrRlGT; PRovlDlNG FoR REPEALER; SEVERABTLtw; coDrFrcATtoN;
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission accept the recommendation
of the Land Use and Development Committee via separate motion; approve the attached
Ordinance at First Reading, and schedule a Second Reading Public Hearing for
November 19, 2014; and refer a modification to the Land Development Regulations
creating a definition for'Hallfor Hire'to the Planning Board.
BACKGROUND
On April 23,2014, at the request of Commissioner Michael Grieco, the City Commission
referred a discussion item to the Land Use and Development Committee, which would
expand the use of Conditional Uses in the RM-1 districts within the Collins Waterfront
Historic District, under limited circumstances.
On June 12, 2014, the Land Use and Development Committee recommended that the
subject Ordinance be referred to the Planning Board. On July 23, 2104, the City
Commission referred the proposed Ordinance to the Planning Board (ltem C4B).
Currently within the RM-1 zoning district, only the following 'Conditional Uses' are
permitted:
o Adult Congregate Living Facility;
330
Commission Memorandum
Ordinance Amendment - Conditional Uses rn the Collins Waterfront Historic Districl
October 22, 2014 Page 2 of 4
. Day Care Facility;. Nursing Home;. Religiouslnstitutions;o Private And Public lnstitutions;o Schools;. Commercial or Noncommercial Parking Lots And Garages.
The proposed Ordinance would expand the list of Conditional Uses to include a hall for
hire and/or restaurant use for properties designated as a Local Historic Site.
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;. Nursing Home;o 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-S) 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 forward 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 following
additional limitations on any future proposed conditional use are suggested:
o The prohibition of dance halls, entertainment establishments, neighborhood
331
Commission Memorandum
Ordinance Amendment - Conditional Uses rn the Collins Waterfrcnt Historic Distict
October 22, 2014 Page 3 ot 4
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 or hall-for-hire, shall be prohibited.
. Outdoor dining uses shall not be permitted.
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.
PLANNING BOARD REVIEW
On August 26, 2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation. The Planning
Board also recommended that the City Commission refer a separate amendment to the
Land Development Regulations, creating a definition for'Hallfor Hire'.
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 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 a negative fiscal impact upon the City.
CONCLUSION
The Administration recommends that the City Commission:
1. Accept the recommendation of the Land Use and Development Committee via
separate motion.
2. Approve the attached Ordinance at First Reading and schedule a Second
Reading Public Hearing for November 19, 2014.
3. Refer a modification to the Land Development Regulations creating a definition
for'Hallfor Hire'to the Planning Board.
+ffilXynXmr\RM-1 couins park cUp - oRD First Read MEM docx
332
Commission Memorandum
Ordinance Amendment- Conditional Uses rn the Collins Wateiront Historic Distict
October 22, 2014 Pase 4 of 4
333
CONDITIONAL USES !N COLL!NS WATERFRONT DISTRICT
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY GOMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE, BY AMENDING
CHAPTER 142, "ZON!NG DISTRICTS AND REGULATIONS,'' ARTICLEII, "DISTRICT REGULATIONS,'' DIVISION 3, "RESIDENTIAL
MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM.1 RESIDENTIAL
MULTIFAMILY LOW INTENSITY," TO MODIFY THE CONDITIONAL
USE REQUIREMENTS FOR PROPERTIES LOGATED WITHIN THE
COLLINS WATERFRONT LOCAL HISTORIC DISTRIGT; PROVIDING
FOR REPEALER; SEVERABILITY; GODIFICATION; 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 August 26,2014 by a vote of 6-0; 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 MIAM! BEACH, FLORIDA:
SEGTION l. 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. Conditional 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 prooerties located in the Collins Waterfront Local Historic District, which are
desionated as a Local Historic Site. a hallfor hire and/or restaurant use within the
interior of the buildinq shall require conditional use approval and shall complv
with the followinq:(1) Dance halls. entertainment establishments and neiqhborhood
impact establishments mav onlv be permitted as part of a hall for hire:(2) Stand-alone bars and alcoholic beveraoe establishments, not
functionino as a restaurant or hall-for-hire. shall be prohibited:
(3) Outdoor dinino and entertainment uses shall be prohibited:
(4) The total number of anv stand-alone restaurant seats shall not
exceed 125.
334
There shall be no variances from the provisions of Section 142-153(b).
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.
SEGT!ON4. SEVERABIL!TY.
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
nNo #nD.?|Sr'i8fi
ate
,/t
Verified By.
Planning Director
Underline = new language
S+rike$reugh = deleted language
T:\AGENDA\20'14\Oc{ober\RM-1 Collins Park CUP - ORD First Read.docx
October 22,2014
November 19,20
Thomas-R. Mooney, AICP
335
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16N_E I THURSDAYT OCToBER 9,2014 NE
r--".e.oI/-./n
CITY OF MIAMI BEACH CITY
COMMISSION
NOTICE OF PUBLIC HEARING
AN ORDINANCE TO AMEND THE
LIST OF CONDITIONAL USES IN
THE RM-1 ZONING
DISTRICT WITHIN THE COLLINS
WATERFRONT HISTORIC
DISTRICT
NOTICE lS HEREBY given that a public hearing will be heard
by the Mayor and City Commission of the City of Miami Beach,
Florlda, in the Commission Chambers, 3rd Floor, City Hall, 1700
Convention Center Drive, Miami Beach, Florida, on Wednesday,
October 22,2014 at 11:10 a.m., or as soon thereafter as the
matter can be heard, to consider:
Conditional Uses ln Collins Waterfront District.
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
ll, "District Regulations", Division 3, "Residential Multifamily
Districts", Subdivision ll, "RM-1 Residential Multifamily Low
lntensity", To Modify The Conditional Use Requirements For
Properties Located Within The Collins Waterfront Local Historic
District; Providing For Repealer; Severability; Codification;
And An Effective Dale. lnquiries may be directed to Planning
De parlme nt at 305. 67 3. 7 5 50.
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 the City Clerk, 1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach,
Florida 33139. This item is available for public inspection
during normal business hours in the City Clerk's Office, '1700
Convention Center Drive, 1st Floor, City Hall, Miami Beach,
Florida 33139. This meeting, or any item herein, may be
continued, and under such circumstances, additional legal
notice need not be provided.
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises
the public 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, 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 the City
for 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 City-sponsored proceeding, please contact us
five days in advance at 305.673.7411(voice) or TTY users may
also call the Florida Relay Service at 711.
Rafael E. Granado, City Clerk
City of Mlami Beach
Ad # 945 337
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