WD-1 WATERCRAFT RENTAL AND HOTEL REQUIREMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE MIAMI BEACH RESILIENCY CODE, BY AMENDING CHAPTER 7, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” ARTICLE II, ENTITLED “ZONING DISTRICT REGULATIONS,” SECTION 7.2.21, ENTITLED “WD WATERWAY DISTRICT,” AT SUBSECTION 7.2.21.2, ENTITLED “USES (WD-1),” TO PROHIBIT THE RENTAL OF WATERCRAFT; AND AT SUBSECTION 7.2.21.5, ENTITLED “ADDITIONAL REGULATIONS (WD-1),” TO CLARIFY EXISTING REQUIREMENTS FOR LEGALLY NONCONFORMING WATERCRAFT RENTAL USES; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE.

Currently, the rental of watercraft in the WD-1 district is only permitted within properties associated with an upland hotel with a minimum of 350 units. The only exception to this is for properties located adjacent to Lake Pancoast, which are not required to meet the 350-hotel room requirement. The rental of watercraft in the WD-1 district has the potential to impact homes on the west side of the Indian Creek waterway, as well as the functionality of the pedestrian and vehicular transportation network along Collins Avenue and Indian Creek Drive.

Watercraft rental uses also have the potential for excess noise, impacts on safety along the waterway, and other sanitary issues. Additionally, most of the properties in the WD-1 district are not large enough, and do not provide necessary parking or other necessary facilities, to accommodate the rental of watercraft to people that are not guests of upland hotels.

To address these concerns, the proposed ordinance amendment modifies Section 7.2.21.2 of the Land Development Regulations of the City Code (LDRs), regarding uses permitted in the WD-1 district, to prohibit the rental of watercraft, including jet skis and similar uses. The amendment would apply prospectively regarding watercraft rentals along the Indian Creek waterway, regardless of the size of the property.

For existing watercraft rentals, the proposed ordinance establishes regulations for legal nonconforming watercraft rental uses in section 7.2.21.5, as follows:

1. The watercraft rental use must be associated with a hotel containing a minimum of 350 units that is located immediately east of the rental location, across Collins Avenue or Indian Creek Drive, as applicable, or located adjacent to Lake Pancoast.

2. The rental of motorized personal watercraft, including, but not limited to, jet skis or other similar vessels, shall be prohibited.

3. Except for uses adjacent to Lake Pancoast, eligible watercraft shall only be rented to hotel guests.

4. All existing, legally permitted structures shall meet all applicable building, fire, and property maintenance standards.

5. For uses adjacent to Lake Pancoast, legally established concessions may continue to operate. However, any such concession shall not be enlarged, relocated, or expanded.

The proposed amendment could help mitigate potential nuisances to nearby residents, as well as reduce the potential impacts of watercraft rental locations that are north of Lake Pancoast by requiring that watercraft are only rented to hotel guests and not the public.

 
PLANNING BOARD REVIEW
On February 27, 2024, the Planning Board held a public hearing and transmitted the proposed ordinance to the City Commission with a favorable recommendation (7-0).

UPDATE
On March 13, 2024, the City Commission approved the ordinance at First Reading, with no changes, and scheduled a Second Reading / Public Hearing for April 3, 2024. Additionally, in accordance with section 2.4.1.c.1 of the Land Development Regulations of the City Code, the City Commission waived the applicable fees based upon the legislation implementing best practices in urban planning.

BUSINESS IMPACT ESTIMATE
In accordance with Section 166.041(4), Florida Statutes, the City of Miami Beach is required to assess whether a Business Impact Estimate is required for the subject ordinance. As published on the City's website (https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/) on March 21, 2024, a Business Impact Estimate is not required for the subject ordinance as it implements an amendment to the Land Development Regulations.
 
LOBBYIST DISCLOSURE
In accordance with Resolution No. 2023-32857, adopted by the City Commission on December 13, 2023, the following information has been provided by the item sponsors as it relates to the subject ordinance amendment:

1. Was the Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No

2. If so, specify name of lobbyist(s) and principal(s): Not Applicable