Item Coversheet

Ordinances - R5  B




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:June  28, 2023
 

10:15 a.m. Second Reading Public Hearing

SUBJECT:

APARTMENT HOTEL REVISED DEFINITION

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 114 OF THE CITY CODE, ENTITLED "GENERAL PROVISIONS," AT SECTION 114-1, ENTITLED "DEFINITIONS," TO MODIFY THE DEFINITION OF APARTMENT HOTEL; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.


RECOMMENDATION

The Administration recommends that the City Commission adopt the subject ordinance.

BACKGROUND/HISTORY

On October 13, 2021, at the request of Commissioner Steven Meiner, the City Commission referred a discussion (Item C4 H) regarding apartment hotel uses to the Land Use and Sustainability Committee (LUSC). On March 4, 2022, the LUSC discussed the item and continued it to the April 8, 2022 meeting, with direction to the Administration to develop a revised definition of apartment hotel that included a minimum lobby size.

On February 15, 2023, the LUSC discussed and concluded the item, and recommended that the City Commission refer the attached draft ordinance revising the definition of apartment hotel to the Planning Board. On March 27, 2023, the City Commission referred the proposed ordinance to the Planning Board (

item C4 A).

The following is the current definition of apartment hotel in Section 114-1 of the Land Development Regulations of the City Code (LDRs):

Apartment hotel means a building containing a combination of suite hotel unit, apartment units and hotel units, under resident supervision, and having an inner lobby through which all tenants must pass to gain access. An apartment hotel must contain at least one unit apartment.

Apartment hotels are permitted in those zoning districts that allow for other hotel uses, such as hotel, suite hotel and/or hostels. Apartment hotel has been an allowable use in the City Code since at least 1989 and provides a needed definition for those properties containing a mix of residential and hotel uses.

ANALYSIS

Modifications have been drafted to the definition of apartment hotel to provide better clarity. Additionally, at the recommendation of the Independent Planning Reviewer for apartment hotels in the South of 5th Street area, as well as the recommendation of the Office of the Inspector General (OIG), the definition was amended to address the requirements for an inner lobby.

The attached draft ordinance contains the following revised definition of apartment hotel:

Apartment hotel means a building containing a combination of apartment units and hotel units and/or suite hotel units. For purposes of this definition, the following shall apply to an apartment hotel:

(1) At least one (1) of the units within a property shall consist of an apartment unit.

(2) All hotel and/or suite hotel units shall be under resident supervision. For purposes of this definition, the resident supervisor shall be required to live on the property and shall be available at all times to address any operational issues at the property.

(3) The property shall contain at least one guest lobby, which shall be a minimum of 250 square feet.

(4) For existing buildings constructed prior to 1965, including any additions, access to all hotel and/or suite hotel units may or may not be through a common lobby.

(5) For new construction and existing buildings constructed after 1965, including any additions, access to all hotel and/or suite hotel units shall be through a common lobby.

The substantive modifications to the definition of apartment hotel include the following:

1. The requirement for resident supervision has been better defined and clarified.

2. A minimum size of 250 square feet has been added for the required lobby.

3. The criteria for guest access to all units from a common lobby has been clarified. In this regard, access to all units from the lobby is required for buildings constructed after 1965, but not for existing buildings constructed prior to 1965. This will allow for the conversion of older buildings to an apartment hotel in districts that permit such use.

NOTE: In hotels, direct access to hotel units from an inner lobby is not required.

As it pertains to the minimum number of apartment units required within an apartment hotel, different options have been explored about potentially increasing the current requirement of a single apartment unit to a larger percentage of the total number of units. Given the changing nature of the unit mix in apartment hotels, particularly within larger buildings that fluctuate between residential apartment units and hotel units, it is recommended that the minimum number of apartment units remain at one (1). This allows for continued flexibility for both new and existing structures in those districts where an apartment hotel use is permitted. Again, it is important to note that apartment hotels are only permitted in those districts that allow for hotel uses.

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).

 

UPDATE

On May 17, 2023 the subject ordinance was approved at First Reading, with no changes.

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

No fiscal impact is expected.

CONCLUSION

The Administration recommends that the City Commission adopt the subject ordinance.

Applicable Area

Citywide
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 
Legislative Tracking
Planning
Sponsor
Commissioner Steven Meiner

ATTACHMENTS:
Description
Ordinance