RM-2 CONDITIONAL USES FOR 600 BLOCK OF WASHINGTON AVENUE

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 142-213, ENTITLED “CONDITIONAL USES,” TO MODIFY THE CONDITIONAL USE REGULATIONS FOR PROPERTIES FRONTING THE WEST SIDE OF WASHINGTON AVENUE BETWEEN 6TH STREET AND 7TH STREET; AND BY AMENDING ARTICLE IV, ENTITLED “SUPPLEMENTAL DISTRICT REGULATIONS,” DIVISION 2, ENTITLED “ACCESSORY USES,” SECTION 142-902, ENTITLED “PERMITTED ACCESSORY USES,” TO CLARIFY THE PERMITTED ACCESSORY USES FOR HOTELS IN THE RM-2 DISTRICT; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

On July 17, 2019, at the request of former Commissioner John Elizabeth Aleman, the City Commission referred the draft Ordinance to both the Land Use and Development Committee and the Planning Board (Item C4 Q). Commissioner Ricky Arriola co-sponsored the referral.  On July 24, 2019 the Land Use and Development Committee recommended approval of the Ordinance.

On November 19, 2019 the Planning Board transmitted the Ordinance (PB19-0312) to the City Commission with favorable recommendation. On February 12, 2020, City Commission approved the ordinance at first reading.

On May 28, 2020, at the request of Commissioner Ricky Arriola, the City Commission re-referred the Item to the planning board to review an additional provision related to outdoor bars as a conditional use.

PLANNING ANALYSIS

In the RM-2 Zoning District, hotels have limited permitted accessory uses. Pursuant to Section 142-902(1)b. of the City Code, the following are permitted accessory uses for hotels in the RM-2 district:

Hotels located in the RM-2 district are permitted to have any accessory use that is customarily associated with the operation of a hotel or apartment building, except for dance halls, entertainment establishments, neighborhood impact establishments, outdoor entertainment establishments or open air entertainment establishments, unless otherwise provided in the RM-2 district regulations set forth in article II, division 3, subdivision IV of this chapter.

Entertainment establishments and neighborhood impact establishments are generally not permitted in the RM-2 zoning districts. The exceptions to this include the Collins Park Overlay District which allows outdoor entertainment as a Conditional Use subject to specific additional regulations, and the Museum Historic Preservation District, which allow entertainment within a hall for hire use within existing religious institutions.

This proposed Ordinance would add an exception to the prohibition on entertainment for properties that front Washington Avenue or Pennsylvania Avenue between 6^th and 7^th Streets as follows:

(d)   Washington Avenue. In addition to the conditional uses specified in subsection 142-213(a), the following regulations shall apply to properties that front Washington Avenue between 6th Street and 7th Street, including those properties between 6th and 7th Streets that may have frontage on Pennsylvania Avenue:

(1)       Restaurants, cafes and/or eating & drinking establishments, which include entertainment, as an accessory use to a hotel. This may include establishments that qualify as a neighborhood impact establishment.

The RM-2 designation shown on the attached map outlines the subject area of this Ordinance.

The Angler’s hotel, which has proposed this Ordinance, is the only hotel within this portion of the RM-2 zoning district which could currently take advantage of the proposed expanded uses through the conditional use process. It is important to note that this RM-2 zoning district buffers the more intensive uses allowed in the adjacent CD-2 zoning district to the east and the much lower intensity RM-1 zoning district to the west. Further, the property immediately abutting the Angler’s hotel property to the north is a 3-story residential condominium.

While not opposed to expanding the list of conditional uses for this specific RM-2 zoning district, as it also abuts Washington Avenue, which is predominately zoned CD-2, staff had previously recommended to the Planning Board that the ordinance be further limited to only allow indoor entertainment, and only associated with a full restaurant as follows:

(d)   Washington Avenue. In addition to the conditional uses specified in subsection 142-213(a), the following regulations shall apply to properties that front Washington Avenue between 6th Street and 7th Street, including those properties between 6th Street and 7th Street that have frontage on Pennsylvania Avenue:

(1)       Restaurants, with full kitchens and serving full meals, cafes and/or eating & drinking establishments, which include entertainment, as an accessory use to a hotel. This may include establishments that qualify as a neighborhood impact establishment.

The ultimate operation, including hours, occupancy, nature of the entertainment, and location of the entertainment would be subject to the review of the Planning Board as part of the Conditional Use procedures.

PLANNING BOARD REVIEW

On November 19, 2019, the Planning Board held a public hearing and transmitted the ordinance to the City Commission with a favorable recommendation by a vote of 7-0. The Planning Board did not agree with the aforementioned recommendation of staff, and also recommended any outdoor entertainment be limited to ambient levels. The full recommendation of the Planning Board from November 19, 2019 has been incorporated into the draft ordinance.

The Planning Board is scheduled to consider a minor revision to the text of the ordinance on July 27, 2020, which would allow for outdoor bars as a conditional use. This modification has been included in the revised draft of the ordinance for second reading. The administration will provide an update on the floor of the City Commission meeting regarding the recommendation of the Planning Board.

UPDATE
On February 12, 2020 the City Commission approved the subject ordinance at first reading with no changes. Second reading, scheduled for March 18, 2020, was deferred to May 13, 2020. Prior to the May 13, 2020 City Commission meeting, at the request of the item sponsor, the item was deferred to the June 24, 2020 City Commission meeting. On May 28, 2020 (item C4C), at the request of the item sponsor, the ordinance was referred back to the Planning Board to review a provision pertaining to outdoor bars. The item was also deferred from the June 24, 2020 City Commission agenda to the July 29, 2020 Commission agenda, at the request of the sponsor.