Ordinances - R5 F
|TO:||Honorable Mayor and Members of the City Commission|| |
|FROM:||Jimmy L. Morales, City Manager|| |
|DATE:||June 7, 2017|
10:10 a.m. First Reading Public Hearing
BELLE ISLE - LDR AMENDMENTS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH BY AMENDING CHAPTER 118 OF THE
CITY CODE, ENTITLED "ADMINISTRATION AND REVIEW PROCEDURES," BY
AMENDING ARTICLE IX, ENTITLED "NON-CONFORMANCES," BY AMENDING
SECTION 118-395, ENTITLED "REPAIR AND/OR REHABILITATION OF
NONCONFORMING BUILDINGS AND USES," TO ALLOW THE RE-CONSTRUCTION
OF UP TO FIFTY PERCENT OF THE FLOOR AREA OF NON-CONFORMING
BUILDINGS CONTAINING NON-CONFORMING HOTEL, USES LOCATED ON THE
NORTH SIDE OF BELLE ISLE; PROVIDING FOR INCLUSION IN THE CITY CODE;
REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.
|The Administration recommends that the City Commission approve the subject Ordinance at First Reading and set a Second Reading Public Hearing for July 26, 2017.|
On December 14, 2016, at the request of Commissioner Ricky Arriola, the City Commission referred this item to the Land Use and Development Committee (Item C4M). On January 18, 2017, the Land Use Committee discussed the item and recommended that the City Commission refer the attached draft ordinance and comprehensive plan amendments to the Planning Board for consideration.
On March 1, 2017, the City Commission referred this item to the Planning Board (Item C4 D).
The north side of Belle Isle is zoned RM-1, Residential Multi-Family, Low Intensity. Hotel uses are prohibited in this RM-1 district. However, the Standard Hotel, which is located on the north side of Belle Isle, is a pre-existing hotel use, which became legal non-conforming when the north side of Belle Isle was downzoned from RM-2 to RM-1 in the late 1990’s.
Under Section 118-395 of the City Code, a legal non-conforming use must cease if the renovations to the building exceed the 50% rule. In most instances, this limits the ability of a property owner to be able to substantially improve their property, if the use is legal non-conforming. The proposed amendments to the Comprehensive Plan and the Land Development Regulations (attached) would create the ability for certain hotel uses that are legal non-conforming to exceed the 50% renovation threshold. Additionally, it would require that the non-conformity of the building containing non-conforming uses be lessened by ensuring that required parking be provided on-site and that the resiliency of the building be improved.
PLANNING BOARD REVIEW
On May 23, 2017, the Planning Board transmitted the proposed Comprehensive Plan and Land Development Regulations Ordinance Amendment to the City Commission, with a favorable recommendation.
|The Administration recommends that the City Commission:|
1. Approve the Comprehensive Plan Amendment at First Reading;
2. Approve the LDR Ordinance at First Reading; and
Set a Second Reading Public Hearing for both Ordinances for July 26, 2017.
Commissioner Ricky Arriola