WEST AVENUE BAY FRONT OVERLAY - BED & BREAKFAST PROHIBITION

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, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE III, ENTITLED “OVERLAY DISTRICTS,” DIVISION 5, ENTITLED “WEST AVENUE BAY FRONT OVERLAY,” TO REMOVE BED AND BREAKFAST INNS AS ALLOWABLE USES IN THE WEST AVENUE BAY FRONT OVERLAY; AND PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY, AND AN EFFECTIVE DATE.

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 overlay 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.

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.

The Administration has no objection to the prohibition of future bed and breakfast inns within the West Avenue Overlay, as the transient nature of the use has created issues and concerns for area residents. Additionally, the eligible properties in the overlay, which consist of a limited number of existing single-family homes, are already vulnerable to flooding and will likely be replaced in the future.

PLANNING BOARD REVIEW
On June 22, 2021, the Planning Board held a public hearing and transmitted the Ordinance to the City Commission with a favorable recommendation by a vote of 4-1.

UPDATE

On July 28, 2021 the City Commission approved the subject Ordinance at First Reading, with no changes.