Item Coversheet

Ordinances - R5  I




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Alina T. Hudak, City Manager 
DATE:October  18, 2023
 

5:02 p.m. Second 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.


RECOMMENDATION

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

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.

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).

UPDATE
The subject ordinance was approved at First Reading on June 28, 2023, with no changes. On July 26, 2023 the item was continued to a date certain of September 13, 2023, due to the length of the agenda. On September 13, 2023, Second Reading / Adoption of the ordinance was not reached due to the length of the agenda. The item was continued to the October 18, 2023 City Commission agenda.

SUPPORTING SURVEY DATA

N/A

FINANCIAL INFORMATION

No Fiscal Impact Expected

CONCLUSION

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

Applicable Area

North Beach
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 Alex Fernandez

ATTACHMENTS:
Description
Ordinance
Ad