RM-2 CONDITIONAL USES FOR BAYFRONT APARTMENTS IN THE WEST AVENUE OVERLAY DISTRICT

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED "LAND DEVELOPMENT REGULATIONS," BY AMENDING CHAPTER 142 OF THE CITY CODE, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," DIVISION 3, ENTITLED "RESIDENTIAL MULTIFAMILY DISTRICTS," SUBDIVISION IV, ENTITLED "RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY," SECTION 142-21.3, ENTITLED "CONDITIONAL USES," TO EXPAND THE CONDITIONAL USES TO INCLUDE CERTAIN TYPES OF NON-MEDICAL OFFICE AND PERSONAL SERVICE USES FOR BAYFRONT APARTMENT BUILDINGS IN THE WEST AVENUE OVERLAY DISTRICT; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

HISTORY
A previous proposal to expand allowable accessory uses within bayfront apartment buildings in the RM-2 district was considered by the City Commission in 2014 but did not move forward. This proposal would have allowed non-medical, low intensity offices, such as architect offices, accountant offices, attorney offices and real estate offices, to be permitted as a Conditional Use within the lobby level of bay front apartment buildings.

On July 17, 2019, at the request of Commissioner Joy Malakoff, the City Commission referred the draft Ordinance to both the Land Use and Development Committee (LUDC) and the Planning Board (Item C4 X). The LUDC reviewed the draft Ordinance on September 18, 2019 and recommended approval.

PLANNING ANALYSIS
In the RM-2 Zoning District, apartment uses have limited permitted accessory uses. Pursuant to Section 142-902 of the City Code, the following are permitted accessory uses for apartment uses in the RM-2 district:

• Mechanical support equipment and administrative offices and uses that maintain the operation of the building.
• Washers and dryers shall be located inside a structure or not visible from a right-of-way.
• A dining room which is operated solely for the residents in the building shall be located inside the building and shall not be visible from the street with no exterior signs, entrances or exits except for those required by the South Florida Building Code. However, a dining room shall not be allowed in the RM-1 district except for those dining rooms associated with adult congregate living facilities.
• Solarium, sauna, exercise studio, health club or massage service for use by residents or open to the public by an individual licensed by the state or other appropriate agencies.
• Family day care centers as defined in subsection 142-905(b)(1) of the City Code.
• One property management office for the purpose of managing residential units within the building as well as residential units located in other buildings under common beneficial ownership, as long as the total number of units does not exceed a maximum of 100 units.

The attached draft ordinance would allow personal service establishment uses, in addition to non-medical offices, as a conditional use within the lobby level of bay front apartment buildings in the RM-2 areas of the West Avenue Overlay District.  The darker shading of the attached map outlines the subject area of the Ordinance, which includes the current RM-2 zoned bayfront apartment buildings located within the West Avenue Overlay District (defined by the dark lined border).

Staff believes that limited office and personal service uses on the ground floor of an apartment building in the RM-2 zoning district would likely have a minimal impact upon the surrounding residential neighborhood. The requirement for Conditional Use approval by the Planning Board would provide an additional safeguard. The accessory office and personal service establishment uses proposed, while slightly more intense than the main permitted apartment use, will still be subject to Planning Board requirements for compatibility with the surrounding neighborhood. Further, the personal services proposed are of similar intensity to the some of the currently allowed accessory uses such as an exercise studio or health club.

Adequate parking, circulation and loading requirements would also be considered as part of the Planning Board review for conditional use, as residential projects within the RM-2 district typically have just enough parking for the actual residential units.

PLANNING BOARD REVIEW
On September 24, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 6-0.

UPDATE

The subject ordinance was approved at first reading on October 16, 2019, with no changes.