Item Coversheet

Ordinances - R5  P




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:June  7, 2017
 

11:00 a.m. First Reading Public Hearing

SUBJECT:

RM-3 ACCESSORY USES:

AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142 "ZONING DISTRICTS AND REGULATIONS," ARTICLE IV "SUPPLEMENTARY DISTRICT REGULATIONS," TO MODIFY THE ACCESSORY USE REQUIREMENTS FOR APARTMENTS IN THE RM-3 ZONING DISTRICT BY ALLOWING LIMITED ACCESSORY USES AT AN AMENITY LEVEL FOR BUILDING RESIDENTS; PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.


RECOMMENDATION

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.

ANALYSIS

BACKGROUND
On March 1, 2017, at the request of Commissioner John Elizabeth Aleman, the City Commission referred the subject discussion item to the Land Use and Development Committee (Item C4L). On March 8, 2017, the Land Use Committee discussed the proposal and recommended that the City Commission refer the Ordinance to the Planning Board.

On April 26, 2017, the Mayor and City Commission referred this item to the Planning Board for consideration (item C4L.)


PLANNING ANALYSIS
Currently, apartment buildings in the RM-3 and R-PS4 districts may have commercial, office, eating or drinking uses with access from the main lobby or from the street if they are either located on the ground floor, subterranean level or on the highest floor of a building. Office space, when originally constructed on the second level of an existing building may also be retained or re-introduced.

Under the current code, accessory commercial uses are not allowed in any other areas of an apartment building in the RM-3 district. Within some apartment buildings located in the RM-3 district, amenity levels are located on the ground floor. However, such amenity levels are often located on a higher level, such as a pool deck above parking levels.

The proposed draft ordinance would amend Section 142-902 of the Land Development Regulations of the City Code, pertaining to allowable accessory uses in apartment buildings. Specifically, only in the RM-3 district, a retail store and / or a café with less than 30 seats (either or both of which could only be open to residents and their guests) would be permitted on the amenity level of an apartment building.

PLANNING BOARD REVIEW
On May 23, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission, with a favorable recommendation.

CONCLUSION

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.
Legislative Tracking
Planning
Sponsor
Commissioner John Elizabeth Aleman

ATTACHMENTS:
Description
Ordinance
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