R5M-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 properties located within the Collins Waterfront Local Historic District.
Item Summary/Recommendation :
Clerk's Office islative Trac
T:\AGENDA\2014\Novembe^RM-1 Collins Park CUP - SUM Second Read.docx
AGENDA '"'
( SM
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, EnvironmentalScan, etc 48o/o of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to t is "about the riqht amount."
SECOND 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.
On October 22,2014, the City Commission: 1) accepted the recommendation of the Land Use and
Development Committee via separate motion; 2) approved the attached Ordinance at First Reading,
with modifications, and scheduled a Second Reading Public Hearing for November 19,2014; and 3)
referred a modification to the Land Development Regulations establishing a definition for'Hall for Hire'
to the Planning Board.
The Administration recommends that the Citv Commission the attached Ordinance.
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 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
MIAMIBEACH OATE Ib$'(V448
MIAMIBEACH
Cify of ,rtiomi Beoch, 'l 700 Convention Cenler Drive, Miomi Beoch, Florido 33,l39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:Conditional Uses in the Gollins Wlterfront Historic District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CIry CODE, BY AMENDING CHAPTER 142,
"zoNlNG DlsTRlcTS AND REGULATIONS," ARTICLE !!, "DISTRICT
REGULATIONS," DIVISION 3, "RESIDENTIAL MULT!FAM!LY DISTRICTS,''
SUBDIVISION II, "RM.' RESIDENTIAL MULTIFAMILY LOW INTENSITY,"
TO MODIFY THE CONDITIONAL USE REQUIREMENTS FOR PROPERTIES
LOCATED WITHIN THE COLLINS WATERFRONT LOCAL HISTORIC
DISTRICT; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFECTIVE DATE.
ADMI NISTRATION 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'Hall for 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:
Mayor Philip Levine and Members olthe City Cofrrmission
Jimmy L. Morales, City Manager
November 19,2014 ECOND READING - PUBLIC HEARING
o Adult Congregate Living Facility;
449
Commission Memorandum
Ordinance Amendment - Conditional Uses rn the Collins Wateiront Historic Distict
November 19, 2014 Page 2 of 4
. Day Care Facility;r 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;. Religious lnstitutions;r Private And Public lnstitutions;e Schools'. Commeiciat 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:
. The prohibition of dance halls, entertainment establishments, neighborhood
450
Commission Memorandum
Ordinance Amendment - Conditional Uses rn the Collins Waterfront Historic Distict
November 19, 2014 Page 3 of 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'Hall for Hire'.
FISCAL !MPACT
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.
UPDATE
On October 22, 2014, the City Commission approved the subject Ordinance at First
Reading, with the following modifications:
1. A requirement that any conditional use be tied, by covenant, to an existing
structure within a designated historic site.
2. A limitation on the hours of operation for a hall for hire; specifically, such use
must close by 11:00 PM Sunday through Thursday, and by 12:00 AM Friday and
Saturday.
3. The removal of a stand-alone restaurant as an allowable use.
The attached Ordinance includes the above noted changes.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
JLM/JMJ/TRM/MAB/RAM
T:\AGENDAVO14\November\RM-1 Collins Park CUP - MEM Second Read.docx
451
Commission Memorandum
Ordinance Amendment - Conditional Uses rn the Collins Waterfront Historic District
November 19, 2014 Paqe 4 of 4
452
CONDITIONAL USES IN COLL!NS 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 CITY CODE, BY AMENDING
CHAPTER 142,"ZONING DISTRICTS AND REGULATIONS," ARTICLEII, "D!STRICT REGULATIONS,'' DIVISION 3, "RES!DENTIAL
MULTIFAMILY DISTRICTS," SUBDIVISION II, "RM.l RESIDENTIAL
MULTIFAMILY LOW INTENSITY,'' TO MODIFY THE CONDITIONAL
USE REQUIREMENTS FOR PROPERTIES LOCATED WITHIN THE
COLLINS WATERFRONT LOCAL HISTORIC DISTRICT; PROVIDING
FOR REPEALER; SEVERABILIW; 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 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 MIAMI BEACH, FLORIDA:
SECTION 1. 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 oroperties located in the Collins Waterfront Local Historic District. which are
desiqnated as a Local Historic Site. a hall for hire use within the interior of an
existino buildino shall require conditional use approval and shall complv with the
followino:(1) The conditional use shall onlv be permitted within an existinq
structure that is on a prope(v desiqnated as an 'Historic Site' and such
limitation shall be recorded in the Public Records:(2) Dance halls. entertainment establishments and neiohborhood
impact establishments mav onlv be permitted as part of a hall for hire:(3) The hall for hire use shall close bv 11:00 PM Sundav throuqh
Thursdav. and bv 12:00 AM Fridav and Saturdav.
453
(4) Restaurants. stand-alone bars and alcoholic beveraqe
establishments, not functioninq as a hall-for-hire. shall be prohibited:(5) Outdoor dinino, outdoor entertainment and open-air entertainment
uses shall be prohibited:
There shall be no variances from the provisions of Section 142-153(b).
SECTION2. 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.
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
ATTEST:
day of 2014.
Philip Levine, Mayor
Rafael E. Granado, City Clerk
APPROVED AS TO
FOiIM & LANGUAGE
& FOR EXECUTION
First Reading:
Second Reading:
October 22,2014
November 19,2014
,w
Verified By:
Underline = new language
S+ife+nreush = deleted language
T:\AGENDA!2014\NovembeARM-1 Collins Park CUP - ORD Second Read.docx
454
aI:
6
o'BaI
&
td
e
E
{t
{ll
ili
I
E!
a
E
a
&-
455
E ii; EEiEtiEI $ E iE EifEE s E iE EE iEE EEE E i=
Et
gii
iiEitEEE I $ EiE iEiEE E E iErii EiE gEI
E
- Ei EiE iEiIiiEi i i EIi Iiiii E i iEiEE iEE iii ii
EI Ei iiE EEE!{E[! I g *iu iEii;
- - -=*'i
iEE gg; gi
=H iE ;F; itEEiiEi ; ; ig; flilEEi E. i s*,Ei -I,
i --
iiIEggiE I E Eri
gEiEEi il E EiEiiiEtE iIi Et
;E .a;i*
ir EiiEi [[gg[;;[
g i *gEg s'IEii EE E,EiEEIiEii sEE Es
IIIIIiiI ii EiiIg EgEiEiEg,E
-i
EEii iiiiEi
gi g
iEEiEEIE EiftEE
lll i2lni
6i1i
ai
=l
c)izl
AI
di
=:I:
E
Ipg
E
,s:
6a
eU
==T
456
THIS PAGE INTENTIONALLY LEFT BLANK
457