| | | | | | | |  | Ordinances - R5 D
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | September 27, 2023 | | | | First Reading
| | SUBJECT: | BED AND BREAKFAST PROHIBITION EXCEPTION - WEST AVENUE OVERLAY
AN ORDINANCE OF THE MAYOR AND COMMISSION OF THE CITY OF MIAMI BEACH AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE Ill, ENTITLED "OVERLAY DISTRICTS," AT SECTION 7.3.3, ENTITLED "WEST AVENUE BAY FRONT OVERLAY," TO PROVIDE AN EXCEPTION FOR BED AND BREAKFAST INNS IN THE WEST AVENUE BAY FRONT OVERLAY; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission consider the subject ordinance at First Reading and, if there is consensus, schedule a Second Reading public hearing for October 18, 2023. |
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| | | | | | | | BACKGROUND/HISTORY
| On March 27, 2023, at the request of Commissioner Laura Dominguez, the City Commission referred the subject proposal (Item C4 D) to the Land Use and Sustainability Committee (LUSC). On April 19, 2023 the LUSC discussed the proposal and recommended that the City Commission refer an ordinance to the Planning Board in accordance with the following:
1. The applicability be limited solely to bed and breakfast inns.
2. The exception be based on the date of a previously issued building permit.
On May 17, 2023, the City Commission referred the proposed ordinance to the Planning Board (Item C4 D).
The West Avenue Bayfront Overlay District (Overlay District or Overlay) is comprised of RM-1, residential multifamily low intensity and RM-2, residential multifamily medium intensity zoning districts (see attached map). There are no historic districts or individually designated historic sites within the Overlay District.
The City Commission adopted the Overlay District on June 19, 2002, pursuant to Ordinance No. 2002-3374. The primary reason for the creation of the Overlay District was to preserve the character and quality of the neighborhoods surrounding West Avenue, which was being impacted by infill development that did not reflect the cohesive low scale character of the area. The Overlay District expanded the list of main permitted uses for existing low-scale buildings in the neighborhood to include offices, suite hotels and bed and breakfast inns. The rationale for including these uses was to provide incentives to retain and adaptively re-use existing single family and/or multifamily buildings that are no more than three (3) stories in height. Additionally, the parking regulations were modified to include the allowance for a limited number of parking spaces within required front yards.
Prior to the creation of the Overlay District, hotels, apartment-hotels, and suite hotels were permitted uses in the RM-2 and RM-3 zoning districts in the neighborhood. In the RM-1 zoning district before creation of the Overlay District, and within the subject area, only single-family homes, townhomes, apartments and bed and breakfast inns were permitted. The creation of the Overlay District expanded the list of main permitted uses within the RM-1 zoning district to include suite hotels and offices consistent with the regulations for the RO, residential office zoning district.
On October 16, 2013, the City Commission adopted Ordinance No. 2013-3820, prohibiting hotel uses within the West Avenue area. This applied to the properties zoned RM-2 and RM-3, as hotels were already prohibited in the RM-1 district. Elsewhere in the City, hotels are a main permitted use within RM-2 and RM-3 zoning districts.
On October 14, 2020 the City Commission adopted Ordinance No. 2020-4364, which removed suite hotels as an allowable use within the Overlay District. Office, as well as bed & breakfast inns within existing single-family homes, were still permitted as part of the renovation of existing structures in the Overlay. However, on September 17, 2021 the City Commission adopted Ordinance No. 2021-4443, which prohibited any future bed and breakfast inns within the Overlay.
Separate from the Overlay District there are citywide regulations pertaining to bed and breakfast inns. When the Overlay District was created in 2002, more specific regulations for bed and breakfast inns were included, which were tailored for the neighborhood. |
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| | | | | | | | ANALYSIS
| The attached draft ordinance would provide an exception from the prohibition of bed and breakfast inns within the West Avenue overlay. The exception would apply narrowly to a property that obtained a building permit process number on or before October 1, 2021 for the conversion of an existing single-family residence to a bed and breakfast inn.
Additionally, the permit process number, as well as subsequent building permit, for a bed and breakfast inn, must remain active. If the permit process number and/or the subsequent permit issued pursuant to such permit process number, is abandoned, expires or becomes inactive, for any reason, the bed and breakfast inn use would no longer be permitted, and the property must convert to a conforming use.
Finally, a provision for a voluntary covenant has been added, to ensure that if a property that is subject to the exception proposed herein is sold or transferred to another entity in the future, the bed and breakfast use will cease.
PLANNING BOARD REVIEW
On July 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (6-1).
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide basis, and not on behalf of a private applicant or third party. Pursuant to section 2.4.1.c of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 2.2.3.5, 2.2.3.6, and appendix A to the City Code. These fees may be waived by a five-sevenths (5/7ths) vote of the City Commission, based upon one or more of the following circumstances:
1. The City Commission determines that the proposed amendment is necessary due to a change in federal or state law, or to implement best practices in urban planning, or based on circumstances unique to the proposed amendment.
2. Upon the written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s).
3. If requested, in writing, by a non-profit organization, neighborhood association, or homeowner's association for property owned by any such organization or association, so long as the request demonstrates that a public purpose is achieved by enacting the applicable amendment.
The Administration recommends that if there is consensus on the item, that the City Commission waive the applicable fees based on circumstances unique to the proposed amendment.
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| | | | | | | | SUPPORTING SURVEY DATA
| | N/A |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal impact Expected |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waive the applicable fees based on circumstances unique to the proposed amendment.
2. The City Commission consider the subject ordinance at First Reading and if there is consensus, schedule a Second Reading public hearing for October 18, 2023. |
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| | | | | | | | Applicable Area
| | South Beach |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Commissioner Laura Dominguez |
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