| | | | | | | |  | Committee Assignments - C4 F
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | May 12, 2021 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - BED AND BREAKFAST PROHIBITION IN WEST AVENUE OVERLAY. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission refer the attached draft Ordinance to the Planning Board. |
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| | | | | | | | BACKGROUND/HISTORY
| HISTORY
On March 17, 2021, at the request of Commissioner Mark Samuelian, the City Commission referred a discussion item to the Land Use and Sustainability Committee (LUSC) pertaining to the prohibition of Bed and Breakfast establishments in the West Avenue Overlay (C4E). On April 29, 2021 the LUSC recommended that the attached Ordinance be referred to the
BACKGROUND
The West Avenue Bayfront Overlay District 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 with the overlay district.
The City Commission adopted the Overlay District on June 19th, 2002, (Ord. No. 2002-3374). The primary reason for the creation of the overlay 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 subject overlay, by expanding the list of main permitted uses for existing low-scale buildings in the neighborhood to include offices, suite hotels and bed and breakfast inns, created 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.
On October 16, 2013, the City Commission adopted Ordinance No. 2013-3820, prohibiting hotel uses within the West Avenue area. This applies to the properties zoned RM-2 and RM-3. Elsewhere in the City, hotels are a main permitted use within RM-2 and RM-3 zoning districts.
Separate from the West Avenue Overlay District there are citywide regulations pertaining to bed and breakfast inns. When the West Avenue 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
| PLANNING ANALYSIS
Prior to the creation of the West Avenue 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 the overlay, and within the subject area, only single-family homes, townhomes, apartments and bed and breakfast inns were permitted. In 2002, the creation of the West Avenue 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 14, 2020 the City Commission adopted Ordinance No. 2020-4364, which removed suite hotels as an allowable use within the overlay. Currently, office and bed & breakfast (single family homes) may be introduced as part of the renovation of existing structures in the overlay. The April 29, 2021 discussion before the LUSC pertained to bed and breakfast inns within the overlay, and concerns expressed by area residents regarding the number of guests staying at these establishments. The LUSC endorsed the attached draft Ordinance that would prohibit any future bed and breakfast inns within the overlay.
Removing bed and breakfast inns from the list of incentives for the adaptive re-use of existing single family homes in the neighborhood could result in more demolition of such structures and the replacement with larger buildings, up to the maximum FAR allowed in the underlying zoning district. For the RM-1 zoned properties, a maximum FAR of 1.25 is permitted, with a maximum height of up to 55 feet, and for the RM-2 zoned properties, a maximum FAR of 2.0 is permitted with a maximum height of 65 feet.
Staff does not have an objection to the prohibition of future bed and breakfast inns, as the transient nature of the use has created issues and concerns for area residents. Additionally, all of the eligible properties, which consist of a limited number of existing single-family homes, are already vulnerable to flooding and will likely be replaced in the future.
APPLICATION FEE WAIVER
The subject amendment is proposed for referral to the Planning Board on a comprehensive, areawide basis, and not on behalf of a private applicant or third party. Pursuant to section 118-162(c) of the Land Development Regulations of the City Code, amendments to the City Code require the payment of the applicable fees in section 118-7 and Appendix A. 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 Manager determines, in writing, that the proposed amendment is necessary due to a change in federal or state law, and/or to implement best practices in urban planning;
2. Upon written recommendation of the city manager acknowledging a documented financial hardship of a property owner(s) or developer(s); and/or
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 City Manager has determined that the proposed amendment implements best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Improving Residents Quality of Life |
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| | | | | | | | CONCLUSION
| The Administration recommends the following:
1. In accordance with section 118-162(c) of the City Code, the City Commission waive the applicable application fees based upon the legislation implementing best practices in urban planning.
2. The City Commission refer the attached draft Ordinance to the Planning Board. |
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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 Mark Samuelian |
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