HISTORY: On October 16, 2019, at the request of Commissioner Ricky Arriola, the City Commission referred the discussion item to the Land Use and
Development Committee (Item R5E). The item was approved at first reading on October 16, 2019, in accordance with the following: 1. The applicable area for non-residential accessory uses shall be limited to properties along the Tatum Waterway.
Second reading of the ordinance was set for December 11, 2019 and the item was referred to the October 30, 2019 Land Use and Development Committee
meeting to discuss the expanded areas beyond Tatum Waterway, including conditional use for hotels. On October 30, 2019, the item was discussed and continued to the December 2, 2019 LUDC, with the following direction:
1. Include a map of eligible buildings for hotels along the Tatum Waterway. 2. Further modify the benchmarks and timeframes for required seawalls on
eligible hotel sites. 3. Provide available data on the number of residential to hotel conversions that have taken place over the last 10 years. 4. Provide available data on the number of new hotel units over the last 10 years.
following direction: 1. Establish a cap of no more than 100 hotel units, with periodic status reviews. 2. Develop additional criteria for hotel
restoration, including resiliency and restoration benchmarks, as well as criteria for locking in a hotel unit reservation. 3. Work with the Communications Department to provide additional outreach to the neighborhood. 4. Recommend that the 2nd Reading of the ordinance pending before City Commission be deferred to March.
The applicable area for the legislation has now been limited to properties along the Tatum Waterway.
Hotel uses are required to meet minimum seawall standards, and must be operational within a two year timeframe, with the ability of the planning
board to allow for up to an addiitonal year. This two year window (up to three years with an extension) is a resonable amount of time for a property owner to receive conditional use approval, as well as sustnatially complete any required seawall upgrades.
2. The subject ordinance was modified with regard to the benchmarks and timeframes for seawalls on hotel sites. Specifically, for existing buildings
on lots fronting the Tatum Waterway and classified as contributing within the North Shore Local Historic District, hotels may be permitted as a conditional use, in accordance with the following provisions:
(2) A completed application to comply with the minimum applicable seawall standards, as specified in this Code or in the public works manual, shall
be filed no later than June 30, 2020, and prior to a request for conditional use approval from the planning board. Such application shall include, but not be limited to, all seawall permit documents required by the City and all outside agencies, as well as proof of submittal of such documents to all outside agencies. Failure to meet this deadline shall result in the subject property not being eligible to make application for conditional use approval.
(4) In the event that the permit for seawall improvements is issued by June 30, 2022, but construction of the seawall improvements encounters
unforeseen delays, the planning board may grant an extension of the June 30, 2022 deadline to complete the construction of the seawall and obtain a BTR for a hotel use. In no instance shall such extension of time exceed one year, or June 30, 2023.
3. Language has been added to address potential unforeseen delays in the completion of permitted seawalls that would allow for the issuance of a BTR
for a hotel use prior to the completion of the seawall improvements. In this regard, the planning board would have the authority to allow for BTR issuance, as part of a modification to the CUP and provided the property owner can show good cause. However, if the property owner fails to diligently complete the seawall, the City reserves the right to not renew the hotel BTR.
4. The maximum number of hotel units on lots fronting Tatum Waterway within the North Shore Local Historic District shall not exceed 100; the hotel
units shall be applied for and allocated on a first-come, first serve basis concurrent with a completed application for planning board approval. Additionally, specific criteria have been developed to manage the allocation of hotel units, including placing priority on properties with a building that contains legally established hotel units and properties that have
5. In order to address an instance where an eligible building proposes hotel units and the available pool is less than 100 units, the planning
director may permit an increase above the limit of 100 hotel units, in order to allow that particular building to avoid having a mix of hotel and apartment units. However, no additional increase in the limit on hotel units shall be permitted after an eligible building exceeds the limit of 100 hotel units.
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 142 OF THE CITY CODE, ENTITLED ZONING DISTRICTS AND REGULATIONS, ARTICLE II, ENTITLED DISTRICT REGULATIONS, DIVISION 3, ENTITLED RESIDENTIAL MULTIFAMILY DISTRICTS, SUBDIVISION II, ENTITLED RM-1 RESIDENTIAL MULTIFAMILY LOW INTENSITY, SECTION 142-152, ENTITLED MAIN PERMITTED AND PROHIBITED USES, AND SECTION 142-153, ENTITLED CONDITIONAL USES, TO MODIFY USE REGULATIONS AND AMEND THE LIST OF CONDITIONAL USES FOR RM-1 PROPERTIES WITHIN THE NORTH SHORE NATIONAL REGISTER HISTORIC DISTRICT, TO INCLUDE ACCESSORY ALCOHOLIC BEVERAGE ESTABLISHMENTS AND HOTEL USES; BY AMENDING ARTICLE IV, ENTITLED SUPPLEMENTARY DISTRICT REGULATIONS, DIVISION 2, ENTITLED ACCESSORY USES, SECTION 142-902, ENTITLED PERMITTED ACCESSORY USES, TO MODIFY THE ACCESSORY USES FOR HOTELS IN THE NORTH SHORE LOCAL HISTORIC DISTRICT AND EXPAND THE ALLOWABLE ACCESSORY USES FOR EXISTING APARTMENT BUILDINGS IN THE NORTH SHORE NATIONAL REGISTER DISTRICT TO ALLOW FOR ACCESSORY CAF , OFFICE, RETAIL, PERSONAL SERVICE, AND NON-MOTORIZED WATERCRAFT RENTAL USES; AND BY AMENDING CHAPTER 130, ENTITLED OFF-STREET PARKING, ARTICLE II, ENTITLED DISTRICTS; REQUIREMENTS, SECTION 130-31, ENTITLED PARKING DISTRICTS ESTABLISHED, TO PROVIDE FOR AN EXCEPTION TO OFF-STREET PARKING REQUIREMENTS FOR CERTAIN ACCESSORY AND CONDITIONAL USES ON RM-1 PROPERTIES IN THE NORTH SHORE NATIONAL REGISTER HISTORIC DISTRICT; AND PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE.
(3) Outdoor seating and outdoor dining shall only be permitted in buildings with internal courtyards, which are part of a unified development site
under common ownership. All such outdoor seating and dining areas shall be located within the internal courtyard. The maximum number of exterior seats shall not exceed 20; however, the maximum number of seats may be increased to 40, subject to planning board approval.
beverages shall be 1,000 feet. However, the planning board may approve an accessory restaurant serving alcoholic beverages at a lesser distance than
1,000 feet, but in no event shall such use be located at a distance less than 500 feet from another accessory restaurant serving alcoholic beverages. No variances from this distance separation requirement may be granted.
(3) The entire property shall be required to make all necessary improvements to comply with minimum applicable seawall standards, as specified in
this Code or in the public works manual. At a minimum, seawalls shall be raised to a minimum elevation of 4.0 feet NAVD with the ability to raise it to 5.7 feet NAVD, prior to the issuance of a business tax receipt (BTR) for a hotel.
(5) In the event that the permit for seawall improvements is issued and construction of the seawall improvements commences, but encounters unforeseen
delays in the completion of the seawall, the planning board may allow for the issuance of a BTR for a hotel use prior to the completion of the seawall improvements, provided the property owner can show good cause. However, in the event that the property owner fails to diligently complete the seawall, the City reserves the right to not renew the hotel BTR.
(6) The maximum number of hotel units on lots fronting Tatum Waterway within the North Shore Local Historic District shall not exceed 100. The number
of hotel units shall be applied for and allocated on a first-come, first serve basis concurrent with an a completed application for planning board approval that includes the number of desired units and meets all other zoning requirements, as determined by the planning director, The allocation of hotel units shall also be subject to the following:
b. Properties that have obtained a seawall permit.
2. If the allocation of hotel units occurs simultaneously with an application for planning board approval, the allocation shall expire concurrent
with the expiration of the planning board approval. Upon expiration of the allocation, the units shall become available to new applicants. In the event that an application is not approved by the planning board, or in the event that an applicant with an approved planning board application fails to obtain a building permit before the board order expires, all units allocated pursuant to the filing of the planning board application shall be released to the pool and become available to new applicants.
2. If the allocation of hotel units occurs simultaneously with an application for planning board approval, and such application is withdrawn or
abandoned, said allocation shall also be withdrawn or abandoned and the hotel units shall become available to new applicants. Upon the issuance of a building permit for hotel units approved pursuant to a planning board order, the allocation of such units shall remain reserved. In the event that the building permit expires or is abandoned, any hotel units allocated pursuant to the building permit shall be released to the pool and become available to new applicants. At that time, it shall be the property owners responsibility to secure a unit allocation from the Planning Department before an expired or abandoned building permit is reactivated.
3. Notwithstanding the above, hotels located on lots fronting the Tatum Waterway and in the North Shore Local Historic District are permitted to have
any accessory use that is customarily associated with the operation of a hotel or apartment building, except for dance halls, entertainment establishments, neighborhood impact establishments, outdoor entertainment establishments, or open air entertainment establishments.
b. Washers and dryers shall be located inside a structure or not visible from a right-of- way.
c. A dining room which is operated solely for the residents in the building shall be located inside the building and shall not be visible from the
street with no exterior signs, entrances or exits except for those required by the South Florida Building Code. However, a dining room shall not be allowed in the RM-1 district except for those dining rooms associated with adult congregate living facilities.