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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
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| | | | | | | | | | Item 21.
COMMITTEE MEMORANDUM | | | |
| | | | | | | | TO: Land Use and Sustainability Committee
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| FROM: Alina T. Hudak, City Manager
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| DATE: April 19, 2023
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| | | | | | | | | TITLE: | PROPOSED LIMITED APPLICABILITY CLAUSE FOR REGULATIONS ON TRANSIENT USES INCLUDING BED AND BREAKFASTS IN THE WEST AVENUE BAYFRONT OVERLAY |
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| | | | | | | | HISTORY:
| On March 27, 2023, at the request of Commissioner Laura Dominguez, the City Commission referred the subject proposal (Item C4 D) to the Land Use and Sustainability Committee (LUSC).
BACKGROUND
The West Avenue Bayfront Overlay District (Overlay District or Overlay) 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, pursuant to Ordinance 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 Overlay District expanded the list of main permitted uses for existing low-scale buildings in the neighborhood to include offices, suite hotels and bed and breakfast inns. The rationale for including these uses was to provide 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.
Prior to the creation of the 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 creation of the Overlay District, and within the subject area, only single-family homes, townhomes, apartments and bed and breakfast inns were permitted. The creation of the 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 16, 2013, the City Commission adopted Ordinance No. 2013-3820, prohibiting hotel uses within the West Avenue area. This applied to the properties zoned RM-2 and RM-3, as hotels were already prohibited in the RM-1 district. Elsewhere in the City, hotels are a main permitted use within RM-2 and RM-3 zoning districts.
On October 14, 2020 the City Commission adopted Ordinance No. 2020-4364, which removed suite hotels as an allowable use within the Overlay District. Office, as well as bed & breakfast inns within existing single-family homes, were still permitted as part of the renovation of existing structures in the Overlay. However, on September 17, 2021 the City Commission adopted Ordinance No. 2021-4443, which prohibited any future bed and breakfast inns within the Overlay.
Separate from the Overlay District there are citywide regulations pertaining to bed and breakfast inns. When the 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:
| As noted in the attached referral memo, the item sponsor has requested that the LUSC consider the attached proposed amendment to the Overlay District regulations. Specifically, the amendment would exempt from the prohibition on bed and breakfasts, which was adopted by the City Commission in September 2021, any existing property which, as of October 1, 2021, had a building permit process number for a transient use, including bed and breakfast.
If there is a desire to approve some form of an exception within the Overlay, the Administration recommends that any such exception be applicable solely to bed and breakfast uses. Additionally, the exact wording and location of the proposed exception should be carefully considered to have limited applicability.
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| | | | | | | | CONCLUSION:
| | The Administration recommends that the Land Use and Sustainability Committee discuss the proposal and if there is consensus that the item be sent back to the full City Commission for consideration as a referral 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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