BELLE ISLE - COMP PLAN AMENDMENTS:

AN ORDINANCE AMENDING THE CITY OF MIAMI BEACH YEAR 2025 COMPREHENSIVE PLAN, BY AMENDING CHAPTER 1, ENTITLED "FUTURE LAND USE ELEMENT;" "OBJECTIVE 1: LAND DEVELOPMENT REGULATIONS," AT POLICY 1.2, "LOW DENSITY MULTI FAMILY RESIDENTIAL CATEGORY (RM-1)," TO MODIFY THE ALLOWABLE USES TO ALLOW FOR NON-CONFORMING HOTEL USES IN NON-CONFORMING BUILDINGS ON THE NORTH SIDE OF BELLE ISLE; AND "OBJECTIVE 7: INCONSISTENT USES," AT POLICY 7.1, EXPANSION OR REPLACEMENT OF LAND USES; PROVIDING FOR INCLUSION IN THE COMPREHENSIVE PLAN; TRANSMITTAL; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE.

BACKGROUND
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).

PLANNING ANALYSIS
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.

UPDATE

The subject Comprehensive Plan Amendment and companion LDR amendment were approved by the City Commission on June 7, 2017.  The Comprehensive Plan Amendment has been transmitted to the State for review and comments. Although no comments or concerns have been raised by any of the applicable regulatory agencies, the required 30 day review period will be after July 26, 2017. As such, the Administration recommends that 2nd Reading / Adoption for the Comprehensive Plan Amendment be continued to September 13, 2017.

The Administration recommends that the City Commission open and continue the Comprehensive Plan Amendment Ordinance to a date certain of September 13, 2017.