Item Coversheet

City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139,

 Item 4.

TO: Land Use and Development Committee

FROM: Jimmy L. Morales, City Manager

DATE: October 30, 2019


On October 16, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the discussion item to the Land Use and Development Committee (Item R5E). The item was approved at first reading on October 16, 2019, in accordance with the following:

1. The applicable area for non-residential accessory uses shall be limited to properties along the Tatum Waterway.

2. Hotel uses must include compliance with minimum seawall requirements and a specific timeline for allowing hotel uses shall be included.

3. The uses not requiring conditional use approval shall be clearly delineated. Permit paradigm list to know what is bypassed by Planning Board.

Second reading of the ordinance was set for December 11, 2019 and the item was referred to the October 30, 2019 Land Use and Development Committee meeting to discuss the expanded areas beyond Tatum Waterway, including conditional use for hotels.


Attached is a draft ordinance, which reflects the action of the City Commission at first reading. In this regard, the applicable area for the legislation has been limited to properties along the Tatum Waterway, and hotel uses are required to meet minimum seawall standards, and must be operational within a two year timeframe, with the ability of the planning board to allow fro up to an addiitonal year. This two year window (up to three years with an extension) is a resonable amount of time for a property owner to receive condiitona use approval, as well as sustnatially complete any required seawall upgrades.

With regard to the listing of specific uses that do not require a CUP, these are included under section 142-902, Specifically, the following accessory uses may be permitted without a CUP, subject to all applicable regualtions:

1. Café.
2. Retail.
3. Office.
4. Personal service uss.

Additionally, the following uses are prohibited:

1. Tobacco and vape dealers.
2. Package liquor stores.
3. Check cashing stores.
4. Occult science establishments.
5. Tattoo studios.


The administration recommends that the LUDC discuss the revisions made to the ordinance at first reading, and provide additional recommendations, if any, for the City Commission to consider at second reading on December 11, 2019.

Applicable Area

North Beach
Is this a Resident Right to Know item? Does this item utilize G.O. Bond Funds?
Yes No 
ORD - Approved First ReadingMemo