R5L-Bed And Breakfast Prohibition In Palm View Historic Dist -Malakoff-COMMISSION ITEM SUMMARY
Condensed Title:
An Ordinance to prohibit Bed & Breakfast uses within the Palm View Local Historic District.
lntended Outcome
Item Summary/Recommendation :
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth bv the Citv to requlate is "about the riqht amount."
FIRST READING - PUBLIC HEARING
The proposed Ordinance would remove Bed & Breakfast lnn's as a permitted use in RM-'l zoned
properties located within the Palm View Local Historic District.
On April 8, 2015 the Land Use and Development Committee recommended approval of the
Ordinance.
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 attached Ordinance at
First Readinq and schedule a Second Readinq Public Hearino for Julv 8.2015.
On April 28, 2015, the Planning Board (vote of 6-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2251).
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 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.
Clerk's Office
Thomas Mooney
T:\AGENDAVO15\June\Palm View B&B - SUM First Reading.docx
AGENDA rram RS L
onre 6-l&-( fMIAMIBEACH473
MIAMIBEACH
Ciry of miomi Beoch, .l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
COMM]SSION MEMORANDUM
TO:Mayor Philip Levine and Members the City Co mission
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: Bed & Breakfast Prohibition in
FIRST READING - PUBLIC HEARING
View Historic District
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," ARTICLE II, "DISTRICT
REGULATIONS", DIVISION 3, "RESIDENTIAL MULTI.FAMILY DISTRICTS",
SUBDIVISION II, "RM.1 RESIDENTIAL MULTIFAMILY LOW INTENSITY",
TO PROHIBIT BED AND BREAKFAST INNS WITHIN THE PALM VIEW
LOCAL HISTORIC DISTRICT; BY AMENDING ARTICLE V, "SPECIALIZED
USE REGULATIONS'" DIVISION 7, "BED AND BREAKFAST INNS", TO
PROHIBIT BED AND BREAKFAST INNS WITHIN THE PALM VIEW LOCAL
HISTORIC DISTRIGT; PROVIDING FOR CODIFICATION, REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
ADMI NISTRATION RECOMM ENDATION
The Administration recommends that the City Commission accept the recommendation of the
Land Use and Development Committee via separate motion; and approve the attached
Ordinance at First Reading, and schedule a Second Reading Public Hearing for July 8,2015.
BACKGROUND
On March 11,2015, at the request of Commissioner Joy Malakoff, the City Commission referred
an Ordinance Amendment to the Planning Board and to the Land Use and Development
Committee (ltem C4D), pertaining to the prohibition of Bed and Breakfast lnns in the Palm View
Historic District.
On April 8, 2015, the Land Use and Development Committee discussed the item and
recommended that the Planning Board transmit the proposed Ordinance to the City Commission
with a favorable recommendation.
ANALYSIS
The "Specialized Use Regulations" in Article V, Division 7, of Chapter 142 of the Land
Development Regulations allow for Bed and Breakfast lnns in 'contributing' historic structures in
locally designated historic districts, which are also zoned RM-1. This particular use is only
474
Commission Memorandum
Bed & Breakfast Prohibition in Palm View Historic District
June 10,2015 Page 2 of 3
permitted within structures originally constructed, and currently used as single family
residences. Additionally, a number of requirements must be satisfied in order to obtain a B & B
license.
These regulations were initially adopted in 1992 for the Flamingo Park Local Historic District,
which contains mostly RM-1 properties. More specifically, although there are some single
family homes located within the RM-1 zoning district in Flamingo Park, the vast majority of RM-1
structures in Flamingo Park are apartments. As such, the allowance of Bed and Breakfast lnns
within eligible single family homes pursuant to the "Specialized Use Regulations" was, and still
is, an appropriate use in the Flamingo Park Historic District.
The Palm View Historic District was designated by the City Commission in 1999 and includes
properties zoned RS (Single Family), RM-1 and RM-2. The RM-1 zoned portion of the Palm
View District is limited to the southern perimeter of the district, along 17th Street. This District,
unlike the Flamingo Park District, is predominantly made up of one and two story single-family
homes. Some low-rise and mid-rise apartment buildings exist within the district, as well as a
small number of religious and educational institutions along the southern perimeter of the
district. However, because of the predominance of single family residential uses, the transient
nature of Bed and Breakfast lnns makes them incompatible with the character of the Palm View
Historic District.
ln order to protect the existing single family character of the Palm View District, the attached
Ordinance would amend the permitted uses in the RM-'l district, as well as the criteria of the
Specialized Use Regulations, to prohibit Bed and Breakfast lnns from being established within
the Palm View Historic District.
PLANNING BOARD REVIEW
On April 28, 2015, the Planning Board'(by a 6-0 vote) transmitted the proposed Ordinance to
the City Commission with a favorable recommendation.
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; and 2) approve the attached
Ordinance at First Reading and schedule a Second Reading Public Hearing for July 8,2015.
JLM/JMJ/TRM
T:\AGENDAVOI5Uune\Palm View B&B - MEM First Reading.docx
475
Commission Memorandum
Bed & Breakfast Prohibition in Palm View Historic District
June 10,2015 Page 3 of 3
Palm Grove H lstoric District
0
I
125 250 500 Feet
,t,t
476
Bed and Breakfast Prohibition in Palm View Historic District
ORDINANCE NO
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CIry OF
MIAM! BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 142,
"zoNlNG DlsTRtcTS AND REGULATIONS," ARTICLE ll, ,,DISTRICT
REGULATIONS", DIVISION 3, "RESIDENTIAL MULTI.FAMILY DISTRICTS",
SUBDIVISION II, "R[III.l RESIDENTIAL MULTIFAMILY LOW INTENSITY", TO
PROHIBIT BED AND BREAKFAST INNS WITHIN THE PALM VIEW LOCAL
HISTORIC DISTRICT; BY AMENDING ARTICLE V, "SPECIALIZED USE
REGULATIONS", DIVISION 7, ,,BED AND BREAKFAST INNS", TO PROHIBIT
BED AND BREAKFAST INNS WITHIN THE PALM VIEW LOCAL HISTORIC
DISTRIGT; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY
AND AN EFFECTTVE DATE.
WHEREAS, Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations", Division 3, "Residential Multi-family Districts", Subdivision ll, 'RM-1 Residentlal
Multifamily Low lntensity", describes the uses permitted in the RM-1 district; and
WHEREAS, Article V, "Specialized Use Regulations", Division 7, "Bed and Breakfast
lnns", describes the regulations for the establishment of Bed and Breakfast lnns; and
WHEREAS, Section 509.242, Florida Statutes, defines seven distinct categories of
"public lodging establishments": hotel, motel, vacation rental, non-transient apartment, transient
apartment, bed and breakfast inn, and timeshare projects, and it is clear from the statute that
bed and breakfast is treated differently from "vacation rentals"; and
WHEREAS, Pursuant to Section 509.032(7Xb), Florida Statutes, "[a] local law,
ordinance, or regulation may not prohibit vacation rentals or regulate the duration or frequency
of vacation rentals;" and
WHEREAS, this Section 509.032(7)(b) does not apply to any local law, ordinance, or
regulation adopted on or before June 1 ,2011; and
WHEREAS, the state has precluded new regulation, or new prohibitions relating to
"vacation rentals" but has not preempted regulating the entire field of "public lodging
establishments"; and
WHEREAS, the plain language of Section 509.032(7)(b), Florida Statutes, indicates that
only the regulation of "vacation rentals" is preempted. lf the Legislature intended to preempt the
local regulation of any other category of public lodging establishments, the Legislature would not
have limited the scope of Section 509.032(7)(b) to vacation rentals; and
l of 4
477
WHEREAS, under the canon of statutory construction expressio unius est exclusio
alterius, the mention of one thing implies the exclusion of another;" and
WHEREAS, the Legislature, by limiting the scope of Section 509.032(7)(b) to "vacation
rentals," excluded from the scope of the preemption clause other public lodging establishments
like hotels, motels, non-transient apartments, transient apartments, bed and breakfast inns, and
timeshare projects; and
WHEREAS, Bed and Breakfast lnns are presently permissible in 'contributing'
structures in locally designated historic districts; and
WHEREAS, the Palm View Historic District is a stable predominantly residential
neighborhood; and
WHEREAS, currently there are no authorized, legally existing permitted bed & breakfast
establishments within the Palm View Historic District; and
WHEREAS, the residential district has expressed concerns with the possible
deterioration of their residential character and neighborhood dynamic by allowing this
commercial use to be established in the district; and
WHEREAS, it is in the interest of the health, safety, welfare and neighborhood
compatibility of the area to preclude the use in this residential Palm View Historic District; and
WHEREAS, it is desirable to encourage uses that are compatible with the residential
character of the neighborhood; and
WHEREAS, Bed and Breakfast lnns are incompatible with the character of the Palm
View Historic District; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY GOMMISSION
OF THE GITY OF MIAMI BEACH, FLORIDA
SEGTION 1. Chapter 142, "Zoning Districts and Regulations," Article ll, "District Regulations," is
hereby amended as follows:
DIVISION 3. - RESIDENTIAL MULTIFAM!LY DISTRICTS
Subdivision l!. - RM-1 Residential Multifamily Low lntensity
2of4
478
Sec.142-152. - Main permitted uses.
The main permitted uses in the RM-1 residential multifamily, low density district are single-family
detached dwelling; townhomes; apartments; hotels, for properties fronting Harding Avenue or
Collins Avenue, from the City Line on the north, to 73rd Street on the south; and bed and
breakfast inn (pursuant to article V, division 7 of this chapter). Despite the foreooino, bed and
breakfast inns shall be prohibited within the boundaries of the Palm View Local Historic District.
SECTION 2. Chapter 142, "Zoning Districts and Regulations," Article V, "Specialized Use
Regulations," is hereby amended as follows:
DIVISION 7. - BED AND BREAKFAST INNS
Sec. 142-1401. - Conditions for bed and breakfast inns.
Bed and breakfast inns are prohibited within the Palm View Local Historic District. Bed and
breakfast inns are permitted in other applicable districts, with the following conditions:
(1) The use shall be situated in a contributing building and located in a locally designated
historic preservation district. The use may also be situated in a noncontributing building if
it is restored to its original historic appearance and re-categorized as "contributing."
SECTION 3. 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 relettered to
accomplish such intention, and the word "ordinance" may be changed to "section", "article", or
other appropriate word.
SECTION 4. REPEALER.
All ordinances or part of ordinances in conflict herewith be and the same are hereby repealed.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
3of4
479
SEGTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this _ day of
Philip Levine, Mayor
ATTEST:
Rafael E. Granado, City Clerk
FirstReading: June10, 2015
Second Reading: July 8, 2015
Verified by:
Thomas R. Mooney, AICP
Planning Director
Underscore denotes new language
Stn*e+n+eugh denotes deleted language
[Sponsored by Commissioner Malakoffl
T:\AGENDA\2015\June\Palm View BB Prohibition - ORD First Reading.docx
2015.
4of4
480
iigiiiiiEitigru
ii=:it;ggEi'!*iil i* i{;
'rs
rE.,.r! E t3 E;i E;: ; E
EEi ;E I F! B€E Efi?; E: ;:; iIE AE
;*E gE :.Ei E;t iE
rlE er iil siE HE
iEZ .iE €!i EEt EE
Eilu ff iiE iEE iF
iiriEi=iilEE+st
gEq$ ;;i ?gfi iiE ;-
EEIiliEiIEiiiEE
EIitEtgiariEiia
ifiEEEiiii,EfI-IE
*c$iiEiEEEEiEiiiiE
;ggf{iEit;3i5;5E69ggig
iFEiiEi5,iiEiEiEFEiI.iEEE
liEiltii,lrtIliiggiiig;gggi
rriIEiislitlltlsgigggg5igggig
EoIEgo-
E
.a
=
ct
J
eB-
=s
=
\
481
2aNE I THLRSDAY, MAY 28. ?015 rt:Mian{Herdldrom I itlAm HEnALD
mr-" i-,3
-mre=:re'. : . rrhi' i flt r
CITY OF MIAMI BEACH
NOTICE OF AMENDMENTTO THE LAND
DEVELOPMENT REGULATION$ OF THE CITY
OF MIAMI BEACH CODE OF ORDINANCES
NOTICE OF PUBLIC HEARING
NOIICE lS HEBEBY givcn thal a putrlic hearing will ba heard by the M*yor and Cily Commisslon of th€
Clty of Mlami Beach, Florlda, ih $d Comm isd.rn Charn bers,Third Floor, Clty Hsll, 1700 Convenilon Center
Drive, Mlaml Beach, Florlda, on Juna 10, e0l5 f,l 5i05 p,m., or 6s soon rhGreater as the matar can be
heard, lo consider:
Prohlbltion Ot g€dAnd Bruakfa$t lnng lnThe PalmVim Hirtorlc Dlstrlst.
An OrdlnenceAmendingTh6 Land Developmenl Reguterlons OfThe City Codo, ByArfiendl,{ Chapter
i142,'Zonlng Dlstrlcts And R6g0larlons." Adcl€ Il,'Dlstrlct Rag!lattons? Dlvisioil 3, "Resldontial
Multl-Famlly Districts; Subdivislon ll, "FM- 1 H€sidentlal Mulllf€mlLy Low lnt6nslly:To Prohtbtt Bed And
Breakfa$l lnm WithinThe Palm Viaw Local Historic Districr By ,qmending Arthle V. "Specialirad Use
Ragulationsi Division Z "BEd And BraaHa8l lnns'jTo Prohibit B€d And BraaHast lnnsWithinTha Palm
Vi6w Locf,l HlSroric Olstric,t; Providlng Por Coditlcatlon, Rcpoaler, SevcrabIll1y And.An Effmtlve Date.
The prof,€file$ lhat may b6 lmpactsd byrhe propo66d Ordlnanc6 616 shown on the following Map:
lnqulilos may bs dlrscted t6 tho Planning Deryftmsnt at 305,673.7550,
INTERESTED PAF{TIES ara invited 1o apper at this me€ting, or ba repmsanled by an ag6nt or to axpress
thelrviews ln writing addressed to the CllyCommission, c/o tho Cily gert, lT00qonvenlion Cehter Drlve,
Firsr Floor, Ciiy Hall, Miaml 8each, Florida 33139.Th1s itom ls avaltable for flubllc tnspccllon durlng normal
busimss houm ln the Offico of th6 City Clsrk, 1700 Convsfttion Cenler griva, Fi6t Floor. City Hall. Mlami
Beach, Florida 33l3g"Thi$ hem mdy be co^llnudd, dnd under $uch clrcumsaances, additional ,eg6l notica
n€ed nol be pro/lded.
Puriuant to Section 286.0105, Fla. Siat.. ths City hsreby advises the publtc that if a person decides lo
appeal anv decislon made by lhe Clty Commlssion wdh re$pect lo 8ny m6trer consldeted at lts meetlng
or its lrearlng, sudr FErmn must ensure thal a \€Ibatim record ol the proceedings ls made, whictl rtrord
includesthe tesllmony and evldehce upon r /hldl tbe appe€l ls to be based"Thls notlce does not conslltute
cons€nl by ths Cily torthe inlrqduclion oredmlspion of othemlse lnadmi$ible or irdevan! evidonce, nor
does it authorire challenges or eppeals nol olheruise alloued by lsw.
To request thls mdlerlal ln altemate ,ormal, slgn language lnterpreter {flve-day nollee requlred),
lnftirmatlon on ecsss tor persons wllh disebllhlas, and/or eny accommodatioh to rsvlsw any dodment
or participale in any Cily-sponsorsd prod{sding& call 305.604,2489 and 6€lerMor Engllsh or 2 for
Spanish, then optlon 6;fiY usars may e€llvi6 711 lFlorlda Rel8y 5orvlc6}.
Id1022
Bafael E. Granado, Ciry clel*
Cily of Miami Eeach
482