| | | | | | | |  | Ordinances - R5 E
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | June 28, 2023 | | | | 10:30 a.m. First Reading Public Hearing
| | SUBJECT: | OCEAN TERRACE OVERLAY - HOSTEL PROHIBITION
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE RESILIENCY CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 7, ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE 3, ENTITLED "OVERLAY DISTRICTS," AT SECTION 7.3.6, "OCEAN TERRACE OVERLAY," TO PROHIBIT HOSTELS WITHIN THE BOUNDARIES OF THE OCEAN TERRACE OVERLAY; AND PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission approve the subject ordinance at First Reading and schedule a Second Reading public hearing for July 26, 2023. |
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| | | | | | | | BACKGROUND/HISTORY
| On October 26, 2022, at the request of Commissioner Alex Fernandez, the City Commission referred a proposal to the Land Use and Sustainability Committee (LUSC) and the Planning Board (Item R9 H) pertaining to the prohibition of certain uses on Ocean Terrace, as previously recommended by the Planning Board.
The item was placed on the November 18, 2022 LUSC agenda and deferred to the January 25, 2023 meeting with no discussion. At the request of the item sponsor, the item was deferred to the February 15, 2023 LUSC meeting. On February 15, 2023, the LUSC recommended that the Planning Board transmit an ordinance to the City Commission to prohibit hostels within the Ocean Terrace Overlay. The remainder of the item was bifurcated and is currently pending before the LUSC.
On June 8, 2016, the City Commission approved ordinance No. 2016-4021, establishing the Ocean Terrace Overlay. The Overlay, which is in the North Beach area between 73rd Street and 75th Street, includes regulations to encourage the revitalization of the Ocean Terrace corridor, such as height and other development incentives, while placing certain use restrictions. |
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| | | | | | | | ANALYSIS
| The ordinance that was initially referred to and is currently pending at the LUSC, contains broader regulations to restrict several additional uses within the Ocean Terrace Overlay. While the discussion pertaining to these uses is still pending, the LUSC did reach consensus on prohibiting hostels within the Ocean Terrace Overlay, and the proposed ordinance amendment is limited to the prohibition of hostels within the Overlay.
In general, hostels do not attract the same character of visitors that larger, resort style hotels do. Also, if not properly regulated, the size and nature of hostel units can become a nuisance. While there are currently no proposals to build hostels within the Ocean Terrace Overlay, since the area contains a significant number of permanent residents, a prohibition on hostels would be beneficial to ensure the long-term quality of life for residents. As such, staff is supportive of the proposed ordinance, as it will encourage a higher caliber of future hotel and residential uses, as well as help prevent negative consequences associated with hostels in the future, should the make-up of the Ocean Terrace area change.
PLANNING BOARD REVIEW
On April 25, 2023, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).
APPLICATION FEE WAIVER
The subject amendment is proposed on a comprehensive, citywide 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 is necessary to implement best practices in urban planning.
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| | | | | | | | SUPPORTING SURVEY DATA
| | Enhance Residents Quality of Life |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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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 approve the subject ordinance at First Reading and schedule a Second Reading public hearing for July 26, 2023. |
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| | | | | | | | Applicable Area
| | North 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 Alex Fernandez |
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