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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 2
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: May 13, 2022
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| | | | | | | | | TITLE: | AMENDMENT TO THE RPS4 ZONING DISTRICT REGULATIONS PERTAINING TO AN FAR INCENTIVE FOR CONVERTING TRANSIENT USES TO NON-TRANSIENT USES |
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| | | | | | | | HISTORY:
| HISTORY
On April 6, 2022, the City Commission referred the subject Ordinance Amendments to the Land Use and Sustainability Committee (LUSC) and the Planning Board (C4W). The sponsor of the proposal is Commissioner Mark Samuelian.
BACKGROUND
The attached legislation was prepared by representatives of the South Beach Marriott Hotel (Marriott Stanton). It is intended to incentivize the conversion of existing hotels within the RPS4 zoning district, such as the Marriott Stanton, into residential properties. The conversion of existing hotels to residential uses, in general, would reduce the impact of transient hotel guests in the South of Fifth community. |
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| | | | | | | | ANALYSIS:
| PLANNING ANALYSIS
The proposed amendment to the Land Development Regulations and the Comprehensive Plan would allow properties in the R-PS4 district to maintain existing non-conforming Floor Area Ratio (FAR) if the property is redeveloped as a residential use. In the case of the Marriott Stanton, the redevelopment of the site, as proposed by the property owner, would convert the existing 226 room hotel into a residential structure of no more than 93 units.
Attached are separate Ordinances that are specific to this proposal; the following is a summary of each of the proposed Ordinances:
1. An amendment to Policy RLU 1.1.25 of the 2040 Comprehensive Plan, to allow for a limited increase in allowable intensity (FAR) above 2.0 within the R-PS4 future land use category. Specifically, for properties with a main use of hotel as of January 1, 2022, which exceed an FAR of 2.0 and are located in the R-PS4 land use category, legal nonconforming intensity floor area ratio may be retained and/or reconstructed if the main use on the property is proposed to be converted to residential, in accordance with the applicable requirements setforth in the Land Development Regulations of the City Code.
2. An amendment to Section 142-696 of the Land Development Regulations (LDR’s) of the City Code to allow for properties with a main use of hotel as of January 1, 2022, which exceed an FAR of 2.0 and are located in the R-PS4 district, to retain and/or reconstruct the legal nonconforming floor area if the main use on the property is proposed to be converted to residential. Additionally, the following benchmarks must be met:
1) The main use on the property shall be converted to residential and remain residential in perpetuity; hotel, apartment-hotel, suite hotel, short term rentals, or any other form of transient use shall be prohibited.
2) A new structure, consisting solely of main use residential and allowable accessory uses, may be constructed, in accordance with all applicable development regulations, and not to exceed the current legal non-conforming FAR on the site. Alternatively, notwithstanding the requirements set forth in Chapter 118, Article IX, pertaining to non-conformances, the entire existing building may be converted to main use residential and allowable accessory uses, including any repairs, alterations and modification that may exceed the 50% rule, provided any alterations and modifications do not result in the building exceeding the current legal non-conforming FAR.
3) The property owner or condominium association, as applicable, voluntarily proffers to record a restrictive covenant running with the land, in a form approved by the City Attorney, prohibiting short-term rentals on the property in perpetuity.
4) There shall be no variances from this provision.
The subject Ordinances are scheduled to be reviewed and transmitted by the Planning Board on May 24, 2022. Assuming the Ordinances are transmitted by the Planning Board, First Reading of the Ordinances will be scheduled for the June 22, 2022, City Commission meeting.
CITY CHARTER ANALYSIS
The proposal to increase FAR for the RPS-4 district to incentive the conversion of existing hotels to residential use is affected by Section 1.03(c) of the City Charter, which partially states the following:
The floor area ratio of any property or street end within the City of Miami Beach shall not be increased by zoning, transfer, or any other means from its current zone floor area ratio as it exists on the date of adoption of this Charter Amendment (November 7, 2001), including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless such increase in zone floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach.
As the proposal would require voter approval, should this Ordinance move forward, only approval at First Reading may take place, prior to the election. If the item is approved by a majority of City of Miami Beach voters, Second Reading / Adoption of the Ordinance would be scheduled for the next available City Commission meeting after the election.
COMPREHENSIVE PLANNING REVIEW PROCESS
This referral includes a text amendment to the Comprehensive Plan. Under Section 163.3184(2), Florida Statutes, this amendment shall follow the expedited state review process for adoption of comprehensive plan amendments. This process requires a public hearing by the local planning agency (Planning Board), a public transmittal hearing before the City Commission, after which the amendment must be transmitted to several state agencies for a 30-day review period, and a final adoption public hearing before the City Commission. The amendment is effective 31-days after it is adopted if there are no appeals.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee endorse the subject Ordinances and recommend that the Planning Board transmit the proposals to the City Commission with a favorable recommendation. |
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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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