HARDING TOWNSITE SINGLE FAMILY HOME SUPPLEMENTAL USE REGULATIONS - COMPREHENSIVE PLAN AMENDMENT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH 2040 COMPREHENSIVE PLAN, POLICY RLU 1.1.1, ENTITLED "SINGLE FAMILY RESIDENTIAL (RS)," TO ALLOW FOR ADDITIONAL SPECIFICALLY PERMITTED USES IN SINGLE FAMILY RESIDENTIAL DISTRICTS WITHIN SUPPLEMENTAL MAIN USES; PURSUANT TO THE PROCEDURES IN SECTION 163.3184, FLORIDA STATUTES; AND PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN, TRANSMITTAL, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

Properties located in RS (single family) districts use maximum unit size to regulate the size of a home, and do not use ‘floor area’ as a basis for allowable intensity. As such, a rezoning of the property at 7605 Collins Avenue to a classification other than GU or recreation open space (ROS), such as RM-1 or CD-2, has not been proposed. Also, since this is a very small site, re-zoning the property to a more intense district may not be advantageous, unless there was a future rezoning of the GU properties to the immediate south and a connection was formed.

The attached amendment to the Comprehensive Plan allows for the establishment of supplemental main uses in the RS (single family) district for properties that are in a local historic district. Pursuant to the corresponding Land Development Regulation (LDR) amendment, the proposed supplemental main uses would be specific to RS-4 zoned properties that abut a public park on at least two (2) sides and are located in the Harding Townsite Local Historic District. The only property that currently meets these criteria is located at 7605 Collins Avenue.

The proposal would expand the types of uses permitted, but all other development regulations for single family homes would continue to apply. The proposed LDR ordinance would allow for the following supplemental main uses on single family lots zoned RS-4, which abut a public park on at least two (2) sides and are in the Harding Townsite Local Historic District:

a. Townhomes;

b. Personal service;

c. Office;

d. Restaurant or Café, in accordance with the following:

1. The establishment shall close no later than 11:00 pm Sunday – Thursday and 12:00 am on Friday and Saturday.

2. Entertainment shall be prohibited.

3. There shall be a maximum of 60 seats permitted.

e. Uses that serve alcoholic beverages shall be limited to cafes and restaurants, pursuant to the applicable regulations set forth in Chapter 6; and

f. Retail may be permitted but only as an accessory use to restaurant, café or personal service and not occupying more than 10% of the interior space of the main use.

The Administration believes that given the proximity of the applicable area covered by this ordinance to other non-single family residential uses, a limited mix of non-residential uses would be appropriate. The proposal would allow for an expanded use of the property at 7605 Collins Avenue and provide more options for the property owner.

COMPREHENSIVE PLANNING REVIEW PROCESS
The proposal requires an amendment to the Comprehensive Plan. Under Section 163.3184(2), Florida Statutes, this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31-days after it is adopted if there are no appeals.

PLANNING BOARD REVIEW
On April 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with an unfavorable recommendation (4-3). The Planning Board, by separate motion (7-0) recommended that if the City Commission moves forward with the proposal, bed and breakfast, as well as high impact uses, be removed from the proposed overlay. Note: Bed and breakfast and high impact uses are not included in the proposed ordinance as currently drafted.

UPDATE
The subject ordinance was scheduled to be considered at First Reading on July 26, 2023 and was continued to a date certain of September 13, 2023. At the request of the property owner proposing the ordinance, the legislation has been modified by relocating the proposed additional uses to the supplemental main use section of the RS zoning regulations. Substantively the ordinance remains the same as it pertains to the area of applicability and the proposed uses.

On September 13, 2023 the proposed ordinance was discussed at First Reading and continued to September 27, 2023, with no changes.