Item Coversheet

Ordinances - R5  K




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:October  18, 2017
 

5:01 p.m. Second Reading Public Hearing

SUBJECT:HOSTEL, HOTEL, APARTMENT HOTEL AND SUITE HOTEL REGULATIONS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE CITY OF MIAMI BEACH, SUBPART B, ENTITLED “LAND DEVELOPMENT REGULATIONS,” BY AMENDING CHAPTER 114, “GENERAL PROVISIONS,” SECTION 114-1, “DEFINITIONS,” TO MODIFY THE DEFINITION OF “APARTMENT HOTEL,” “HOSTEL,” “HOTEL,” AND ‘SUITE HOTEL”; BY AMENDING CHAPTER 142, ENTITLED “ZONING DISTRICTS AND REGULATIONS,” BY AMENDING ARTICLE II, ENTITLED “DISTRICT REGULATIONS,” TO MODIFY MAIN, PERMITTED, AND PROHIBITED USES PERTAINING TO APARTMENT HOTEL, HOTEL, SUITE HOTEL, AND HOSTEL IN CERTAIN ZONING DISTRICTS; BY AMENDING ARTICLE IV, ENTITLED “SUPPLEMENTARY DISTRICT REGULATIONS,” BY AMENDING DIVISION 3, ENTITLED “SUPPLEMENTARY USE REGULATIONS,” BY AMENDING SECTION 142-1105, ENTITLED “SUITE HOTELS,” BY CREATING CRITERIA, STANDARDS, ALLOWABLE AND PROHIBITED DISTRICTS AND OCCUPANT LIMITS FOR APARTMENT HOTELS, SUITE HOTELS, HOTELS AND HOSTELS; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.

RECOMMENDATION

The Administration recommends that the City Commission adopt the Ordinance.

ANALYSIS

BACKGROUND

On June 7, 2017, the City Commission adopted Ordinance 2017-4107, which amended the development and zoning regulations in the West Avenue Bayfront Overlay.  This ordinance was sponsored by Commissioner Joy Malakoff.  As part of this proposed ordinance, a definition of ‘Hostel’ was created.  In order to better define where hostels can be located within the City, the Commission also referred the attached ordinance to the Land Use and Development Committee and the Planning Board (Item R5 AF). 

 

On June 14, 2017, the Land Use and Development Committee (LUDC) discussed the item, and directed staff to include hotels in the proposed ordinance, as well as updates to the suite hotel regulations.  The item was then continued to a date certain of July 5, 2017.

 

On July 5, 2017, the LUDC discussed the proposed ordinance pertaining to hostel locations and suite hotel regulations and recommended that the Planning Board transmit the item to the City Commission with a favorable recommendation, with a modification to prohibit hostels in RPS-4 districts.  Commissioner Joy Malakoff is the sponsor of the ordinance.

PLANNING ANALYSIS

Prior to the creation of a definition for ‘hostel’ in the City Code, for zoning purposes hostels were treated as a hotel, or a suite hotel when the unit contained a kitchen.  The main difference between a hotel use and a hostel use is that a ‘hotel’ consists of booking the entire room while a ‘hostel’ typically means booking a bed space in a room occupied by other people who have done the same. 

 

Although a definition for hostel was created, with corresponding limits on room occupancy, specific locations for this use have not yet been incorporated into the City Code.  To be considered a hostel, a property must provide short-term, shared (dormitory-style) accommodation for individual travelers, though many hostels also provide private rooms.  The word "dormitory" refers to a room where travelers independently book individual beds in a shared room as opposed to booking entire rooms like in a hotel or guesthouse.

 

The attached ordinance identifies specific zoning districts for which hostels can be located, including those districts where a unit size limit would be applicable.  It also modifies the allowable and prohibited use sections of all applicable zoning districts, to comport with the proposed changes and updates regarding hotels, apartment-hotels, suite hotels and hostels.  Finally, in Chapter 114, existing, applicable definitions have been modified, and new definitions have been added, to better clarify the distinctions between hotel, apartment-hotel, suite hotel and hostel.

 

The following is a more specific summary of the proposed changes contained within the draft ordinance:

 

Section 114-1 – Definitions

 

  • The definition of Apartment hotel has been modified to allow for of suite hotel units within ‘apartment-hotels’. Additionally, the current standard of requiring that an apartment hotel contain at least one apartment unit has been added to the definition.

 

  • The definition of Hotel unit has been modified to include ‘hotels’ and to require that each hotel unit contain a separate bathroom facility.  This change will better distinguish ‘hotels’ from ‘hostels’. Additionally, the reference to ‘suite hotel unit has been removed, as ‘suite hotel’ is now proposed as a separate definition.

 

  • The definition of Hostel has been modified by removing the occupancy limits.  This change reflects the proposed modifications to Sec. 142-1105, where occupancy limits for hostels in lower intensity zoning districts would be required.

 

  • A definition of Suite hotel unit and suites hotel has been added.  Since a ‘suite hotel’ is distinguished from a regular hotel by virtue of allowing full cooking facilities, a separate definition is more appropriate.

 

Section 142-1105 - Suites hotel, apartment hotel, hostel and hotel

 

  • The standards and requirements for ‘suite hotels’ have been updated and slightly modified to better conform to current standards for hotel units and facilities containing cooking facilities.  In this regard, the previous requirement for all units to consist of hotel units has been removed, in order to allow for a mix of units (i.e. an ‘apartment-hotel’).  Additionally, the requirement for a minimum common area has been reduced from 20% of the gross floor area to 10% of the gross floor area.  Finally, the previous prohibition on unenclosed exterior walkways that provide access to the units has been removed.

 

  • Standards and requirements for ‘hostels’ have been created.  This includes zoning districts that hostels are permitted (both with and without occupancy limits), as well as those districts and overlays where hostels are prohibited.

 

  • Standards and requirements for ‘hotels’ and ‘apartment-hotels’ have been created. These include previous limits on cooking facilities, as well as the creation of occupancy limits in certain zoning districts.  The reason for the occupancy limits is to ensure that the hotels are not operated as a ‘hostel’ or similar high density use.

 

  • Currently, the existing requirement for a registration desk and a lobby for any transient guest or occupant are only applicable to a suite hotel unit.  The requirement for transient guest(s) or occupant(s) to register at the registration desk is proposed to be extended to ‘hotels’ and ‘apartment-hotels’.

 

PLANNING BOARD REVIEW

On July 25, 2017, the Planning Board transmitted the proposed Ordinance Amendment to the City Commission with a favorable recommendation.

 

SUMMARY/UPDATE

The subject Ordinance was approved at First Reading on September 25, 2017. The item was also referred to the Land Use and Development Committee (LUDC) for further discussion, prior to Second Reading. The matter is scheduled to be considered by the LUDC on October 11, 2017. Due to the timing of the closing of the Commission Agenda (October 10, 2017), the Administration will provide the recommendation of the Committee on the floor of the Commission meeting.

 

Additionally, at the request of the item sponsor, specific areas of Sec. 142-1105 have been revised slightly, in order to address concerns raised regarding occupancy loads. In this regard, it has been explicitly clarified that operators and/or owners of hotel, hostel and suite hotel units have the authority to require a lesser occupancy load than that specified in the City Code. 

CONCLUSION

The Administration recommends that the City Commission adopt the Ordinance.

Legislative Tracking
Planning
Sponsor
Commissioner Joy Malakoff

ATTACHMENTS:
Description
Form Approved ORD - Revised 2nd Reading
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