FL - Miami Beach: Land Use and Development Committee Meeting

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Land Use and Development Committee Meeting

Land Use and Sustainability Committee City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive February 18, 2020 - 8:00 AM

Tagged Passions:boards and commissions, conventions, and sustainability

Commissioner Mark Samuelian, Chair Commissioner Michael Gongora, Vice-Chair Commissioner Ricky Arriola, Member Commissioner Micky Steinberg,

Alternate

Thomas Mooney, Liaison Naima De Pinedo, Support Staff

LAND USE AND SUSTAINABILITY COMMITTEE AGENDA COMMISSION CHAMBERS 1700 CONVENTION CENTER DRIVE 3RD FL.

Tagged Passions:boards and commissions, conventions, and sustainability

Tuesday, February 18, 2020, 8:00 AM

ACTION ITEMS

1 Ordinance Pertaining to Adaptive Re-Use and Accessory Uses in the Tatum Waterway Areas Commissioner Ricky Arriola

Tagged Passions:ordinance

October 16, 2019 R5 E (Continued from January 21, 2020)

Time Certain 9 a.m. 2 Discussion: Limiting Big Box Formula Retail And Formula Restaurants In Sunset Harbour

Tagged Passions:restaurants

Commissioner Ricky Arriola June 5, 2019 C4 Q (Deferred from January 21, 2020)

Time Certain 9:30 a.m.

DISCUSSION ITEMS

3. Discussion Pertaining To Strategic Increases In FAR Related To Resiliency And Other Defined Policy Benchmarks

Tagged Passions:strategic and policy

Mayor Dan Gelber January 15, 2020 C4 K (Continued from January 21, 2020)

4. Discussion on Planned And In Progress Resiliency Projects: Palm Hibiscus, First Street, West Avenue and Indian Creek

Tagged Passions:streets

Commissioner Mark Samuelian Recurring Item

5. Discuss The November 26, 2019 Sustainability Committee Motion Concerning Recommendations For The West Avenue Renovation Project.

Tagged Passions:sustainability

Commissioner Mark Samuelian January 15, 2020, C4 L (Continued from January 21, 2020)

Page 1 of 161

6. Discussion: Limiting Big Box Formula Retail And Formula Restaurants On Lincoln Road Commissioner Ricky Arriola

Tagged Passions:streets and restaurants

June 5, 2019 C4 R (Deferred from January 21, 2020)

7. Discussion: Ordinance Amendment Excepting Office Uses Not Also Operating As An Entertainment Establishment Or Dance Hall From The Definition Of

Neighborhood Impact Establishment (NIE)
Tagged Passions:ordinance, arts, and neighborhood

Commissioner Michael Gongora June 5, 2019 C4 S (Deferred from September 18, 2019 LUDC)

8. Discussion: Establishment Of Penalties For Property Owners Engaging In Demolition By Neglect Commissioner Ricky Arriola

Tagged Passions:property and demolition

July 17, 2019 C4 O (Deferred from January 21, 2020)

9. Discuss The Motion Made By The Sustainability Committee To Make The Reduction Of CO2 Emissions A Primary Focus Of The Fleet Assessment.

Tagged Passions:sustainability

Commissioner Mark Samuelian July 17, 2019 C4 S (Deferred from January 21, 2020)

10. Discussion On Requiring All New City Vehicles Purchased After 2020 To Be 100 Electric (Except Emergency Vehicles).

Tagged Passions:emergency, electric, and purchasing

Commissioner Michael Gongora September 11, 2019 C4 R (Deferred from January 21, 2020)

11. Discussion: A Proposed Bridge Connecting Fontainebleau To A Proposed South Addition Commissioner Ricky Arriola

December 11, 2019 C4 L (Deferred from January 21, 2020)

12. Discussion: Permitting Accessory Uses For Historic Hotel Uses In The RM-3 Zoning District To Be Located In An RM-2 Property, So Long As Both

Properties Share A Unified Hotel Operation And Are Connected By A Bridge Or Structure; And Modifying The Parking Requirement And Conditional Uses For Those Accessory Uses
Tagged Passions:historic, hotel, zoning, property, and parking

Commissioner Ricky Arriola December 11, 2019 C4 M (Deferred from January 21, 2020)

13. Discussion: Hotel Uses in the RM-1 District for Properties Along Lincoln Road Commissioner Ricky Arriola

Tagged Passions:streets and hotel

January 15, 2020 (C4S)

14. Discussion on Banks Located on First-Floor Retail Spaces Commissioner Ricky Arriola

October 16, 2019 C4 S (Deferred from January 21, 2020)

15. Discussion Regarding Tight Urbanism Commissioner Ricky Arriola

September 11, 2019 C4 Z (Deferred from January 21, 2020)

16. Miami-Dade County Resolution Urging Municipalities To Adopt Post-Disaster Temporary Zoning Relief

Tagged Passions:zoning

Commissioner Mark Samuelian December 11, 2019 C4 C (Deferred from January 21, 2020)

17. Development Incentives for the Normandy Isle Commercial District Commissioner RIcky Arriola

Tagged Passions:development, Development, commercial, and incentive

July 17, 2019 C4 P (Continued from October 30, 2019 LUDC)

Page 2 of 161

18. Proposed Sale of City Owned Lot at 6950 Harding Avenue (PL 84) to Integra Real Estate LLC Commissioner Mark Samuelian

Tagged Passions:sale

October 30, 2019 C4 A (Deferred from January 21, 2020)

19. Discussion On Repurposing Our Golf Courses For The Future. Commissioner Ricky Arriola

Tagged Passions:golf

May 16, 2018 C4 AB (Deferred from January 21, 2020)

20. Proposed Zoning Overlay For The Lehrman Day School At 77th Street And Dickens Avenue Commissioner Micky Steinberg

Tagged Passions:zoning and education

December 11, 2019 C4 N (Deferred from January 21, 2020)

21. Discussion To Explore Increasing The Usage and Funding Of Temporary Pumps Commissioner Mark Samuelian

Tagged Passions:funding

January 15, 2020 C4 N

22. Discuss Piloting The Closure Of 9th Street Between Ocean Drive And Collins Avenue. Commissioner Ricky Arriola

Tagged Passions:streets

January 15, 2020 C4 P

23. Discuss Designating Ocean Drive As A Valet Only Street. Commissioner Ricky Arriola

Tagged Passions:streets

January 15, 2020 C4 Q

24. Discussion: Review of Allowable Store Signage Commissioner Micky Steinberg

Tagged Passions:advertising, signage, and commercial

January 15, 2020 C4 R

SUPPLEMENTAL

25. Discussion To Review The Palm Hibiscus Road Elevation Experience. Commissioner Mark Samuelian

Tagged Passions:streets

September 11, 2019 C4 Q (Continued from January 21, 2020)

26. Discuss Arkup s Luxury Houseboats And Their Effects On Biscayne Bay And The Quality Of Life Of Surrounding Residents.

Commissioner Ricky Arriola September 11, 2019 R9 X (Deferred from January 21, 2020)

DEFERRED ITEMS

27. Discussion Regarding How Green infrastructure Including Living Or Hybrid Shorelines Can Complement Grey infrastructure ln Our Climate Adaptation

On-Going Work.
Tagged Passions:environment

Commissioner Micky Steinberg April 13, 2016 C4 N

28. Discussion On City Of Miami Beach Stormwater, Sanitary, Sewer, And Water Infrastructure Best Management Practices.

Tagged Passions:sewer, utility, Utility, beach, water, and stormwater

Commissioner Micky Steinberg May 11, 2016 C4 U

29. Discuss Updates To The City Code Referencing Turtle Nesting. Commissioner Mark Samuelian

September 25, 2017 C4 F

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30. Discussion To Review The Role Of Land Use Boards In Neighborhood Improvement Projects Commissioner Mark Samuelian

Tagged Passions:neighborhood

April 11, 2018 C4 N

31. Discussion Pertaining To A Transfer Of Development Rights (TDR) Along The Tatum Waterway Area.

Tagged Passions:development and Development

Commissioner Ricky Arriola July 17, 2019, C4 R

32. Discuss Having The City Pursue Mitigation Project Funding From The Department Of Housing And Urban Development.

Tagged Passions:funding, development, Development, and housing

Commissioner Mark Samuelian September 11, 2019 C4 P

33. Discuss The July 30, 2019 Sustainability Committee Motions. Commissioner Mark Samuelian

Tagged Passions:sustainability

October 16, 2019 C4 K

34. Discuss RM-2 Zoning At The West End Of Arthur Godfrey Road/41st Street And Potential For Public Benefits.

Tagged Passions:zoning

Commissioner Michael Gongora, Co-Sponsored by Commissioner Ricky Arriola October 16, 2019 C4 T

35. Matrix Recommendations Simplification Of Single Family Home Regulations And DRB Administrative Review Procedures.

Tagged Passions:regulation and procedure

No Sponsor October 16, 2019 R5 V

WITHDRAWN ITEMS

36. Discussion Regarding Status And Jumpstarting Of First Street Neighborhood Project. Commissioner Mark Samuelian

Tagged Passions:streets and neighborhood

January 15, 2020 C4 M

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City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

Tagged Passions:beach and conventions

Item 1 COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

Tagged Passions:sustainability

FROM: Jimmy L. Morales, City Manager

Tagged Passions:administrator and manager

DATE: February 18, 2020

TITLE: ORDINANCE PERTAINING TO ADAPTIVE RE-USE AND ACCESSORY USES IN THE TATUM WATERWAY AREAS

Tagged Passions:ordinance

ACTION REQUESTED: Discuss the item and provide a favorable recommendation on the proposed ordinance for second reading.

Tagged Passions:ordinance

ADMINISTRATION RECOMMENDATION: Conclude the item and recommend that the City Commission adopt the ordinance at second reading on March 11, 2020.

Tagged Passions:ordinance and boards and commissions

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.
Tagged Passions:boards and commissions, development, Development, and history

1. Hotel uses must include compliance with minimum seawall requirements and a specific timeline for allowing hotel uses shall be included.

Tagged Passions:hotel and compliance

1. The uses not requiring conditional use approval shall be clearly delineated. Permit paradigm list to know what is bypassed by Planning Board.

Tagged Passions:planning

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:
Tagged Passions:ordinance, development, hotel, and Development

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.
Tagged Passions:Homebuilder, sites, and hotel

The December 21, 2019 LUDC meeting was cancelled, and all agenda items were moved to January 2020. The item was placed on the January 21, 2020 agenda

of the newly created Land Use and Sustainability Committee (LUSC). On January 21, 2020 the item was discussed and continued to the February 18, 2020 LUSC, with the
Tagged Passions:sustainability

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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.
Tagged Passions:ordinance, boards and commissions, hotel, communications, Communications, and neighborhood

ANALYSIS: On October 30, 2019, a revised ordinance, which reflected the action of the City Commission at first reading on October 16, 2019, was

presented to the LUDC for discussion. The revised ordinance included the following:
Tagged Passions:ordinance and boards and commissions

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.
Tagged Passions:planning, hotel, and property

With regard to the listing of specific uses that do not require a CUP, these are included under section 142-902, Specifically, the following

accessory uses may be permitted without a CUP, subject to all applicable regualtions:

1. Caf . 2. Retail. 3. Office. 4. Personal service uses.

Additionally, the following uses are prohibited: 1. Tobacco and vape dealers. 2. Package liquor stores. 3. Check cashing stores. 4. Occult science

establishments. 5. Tattoo studios.
Tagged Passions:alcohol, commercial, body art, and tobacco

On January 21, 2020, a revised ordinance was presented to the LUSC. The following is a summary of the responses to the direction provided at the

October 30, 2019 LUDC meeting:
Tagged Passions:ordinance

1. A map of buildings along the Tatum Waterway that would be eligible for hotels was provided. There are 66 contributing buildings along Tatum

Waterway and, according to the Miami-Dade County Property Appraiser, 555 units within these buildings.
Tagged Passions:Homebuilder, hotel, and property

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:
Tagged Passions:Homebuilder, ordinance, sites, historic, and hotel

(1) The entire property shall be required to make all necessary improvements to comply with minimum

Tagged Passions:property

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applicable seawall standards, as specified in this Code or in the public works manual, prior to the issuance of a business tax receipt (BTR) for a

hotel. 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.
Tagged Passions:business, taxes, Taxes, hotel, Public Works, and public works

(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.
Tagged Passions:planning, Public Works, public works, and property

(3) A BTR for the hotel use shall be issued no later than June 30, 2022.

Tagged Passions:hotel

(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.
Tagged Passions:planning, grant, construction, hotel, and events

3. There was no readily available data on the number of residential to hotel conversions that have taken place over the last 10 years. Neither the

GMCVB nor their consultant, STR, track or have any data on such conversions. City staff checked with Costar and they don t track this information either.
Tagged Passions:hotel and services

4. Per the GMCVB there have been a total of 7,742 new hotel rooms in Miami Beach since 2008.

Tagged Passions:hotel and beach

UPDATE In accordance with the direction of the LUSC on January 21, 2020, the subject ordinance has been modified as follows:

Tagged Passions:ordinance

1. The ordinance has been clarified and only the portion of the existing building that is retained may contain hotel units. Additionally, the entire

building must be substantially renovated, rehabilitated and restored.
Tagged Passions:Homebuilder, ordinance, and hotel

2. A completed application to comply with the minimum applicable seawall standards must be filed no later than June 30, 2021. Additionally, the

previous outside dates for seawall permit issuance and completion have been removed, as there is a cap proposed on the number of hotel units that would be permitted in the area.
Tagged Passions:hotel

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.
Tagged Passions:planning, hotel, and property

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
Tagged Passions:Homebuilder, planning, historic, and hotel

Page 7 of 161

already obtained a seawall permit.

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.
Tagged Passions:Homebuilder, planning, and hotel

CONCLUSION: The administration recommends that the LUSC endorse the revisions contained in the attached draft ordinance and recommend approval at

second reading.
Tagged Passions:ordinance

Applicable Area North Beach

Tagged Passions:beach

Is this a Residents Right to Know item, pursuant to City Code Section 2-14?

Does this item utilize G.O. Bond Funds?

Tagged Passions:funding and bond

Yes No

Departments Planning

Tagged Passions:planning

ATTACHMENTS: Description Type Draft ORD - 2nd Reading REVISED Memo Hotel Eligibility MAP Memo

Tagged Passions:hotel

Page 8 of 161

Adaptive Re-use and Accessory Uses in the North Shore and Tatum Waterway Areas (Revised in accordance with the direction of the City Commission at

first reading on
Tagged Passions:boards and commissions

October 16, 2019 and the LUSC recommendations of January 21, 2020)

ORDINANCE NO. ____________________

Tagged Passions:ordinance

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.
Tagged Passions:Homebuilder, alcohol, regulation, ordinance, boards and commissions, development, historic, hotel, beach, zoning, subdivision, Development, rental, and parking

WHEREAS, the City of Miami Beach (the City ) has the authority to enact laws which promote the public health, safety and general welfare of its

citizens; and
Tagged Passions:health and beach

WHEREAS, the City seeks to encourage and incentivize the retention and restoration of contributing historic waterfront structures within the North

Shore National Register District in the North Beach area; and
Tagged Passions:historic and beach

WHEREAS, the City seeks to enhance the pedestrian-friendly allure, and promote the

Tagged Passions:Pedestrian

unique sense of place and community culture, along North Beach s historic Tatum Waterway through low-intensity and compatible mixed-uses, while

providing greater accessibility to neighborhood amenities for residents; and
Tagged Passions:historic, beach, commercial, and neighborhood

WHEREAS, the amendments set forth below are necessary to accomplish all of the above

objectives.

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2

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:

Tagged Passions:boards and commissions and beach

SECTION 1. Chapter 142, Zoning Districts and Regulations, Article II District Regulations, Division 3, Residential Multifamily Districts, Subdivision

II, RM-1 Residential Multifamily Low Intensity , is hereby amended as follows:
Tagged Passions:regulation, zoning, and subdivision

CHAPTER 142 ZONING DISTRICTS AND REGULATIONS * * *

Tagged Passions:regulation and zoning

ARTICLE II. DISTRICT REGULATIONS * * *

Tagged Passions:regulation

DIVISION 3. RESIDENTIAL MULTIFAMILY DISTRICTS * * *

Subdivision II. RM-1 Residential Multifamily, Low Intensity * * *

Tagged Passions:subdivision

Sec. 142-152. - Main permitted and prohibited uses.

(a) Main permitted uses. The main permitted uses in the RM-1 residential multifamily, low

density district are:

(1) single-family detached dwelling;

(2) townhomes;

(3) apartments;

(4) hotels, for properties fronting Harding Avenue or Collins Avenue, from the City Line on

Tagged Passions:hotel

the north, to 73rd Street on the south; and

Tagged Passions:streets

(5) bed and breakfast inn (pursuant to article V, division 7 of this chapter).

Tagged Passions:hotel

(b) Prohibited uses. Alcoholic beverage establishments pursuant to the regulations set forth in

Tagged Passions:alcohol and regulation

chapter 6, of the City Code, are prohibited uses, unless otherwise specified. Moreover, all

uses not listed as a main permitted or conditional use are also prohibited.

Sec. 142-153. - Conditional uses.

(a) The conditional uses in the RM-1 residential multifamily, low density district are

(1) adult congregate living facility; (2) day care facility; (3) nursing home; (4) religious institutions; (5) private and public institutions; (6)

schools; and (7) commercial or noncommercial parking lots and garages.
Tagged Passions:facility, seniors, commercial, education, Child Care, and parking

(b) For properties located in the Collins Waterfront Local Historic District, which are designated as a Local Historic Site, a hall for hire use

within the interior of an existing building shall require conditional use approval and shall comply with the following:
Tagged Passions:Homebuilder and historic

(1) The conditional use shall only be permitted within an existing structure that is on a property designated as a Historic Site and such limitation

shall be recorded in the Public Records;
Tagged Passions:historic, property, and public records

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(2) Dance halls, entertainment establishments and neighborhood impact establishments may only be permitted as part of a hall for hire;

Tagged Passions:arts and neighborhood

(3) The hall for hire use shall close by 11:00 p.m. Sunday through Thursday, and by 12:00 a.m. Friday and Saturday;

(4) Events at the hall for hire shall be for the exclusive use of the property owner (and its subsidiaries) and invited guests. Events at the hall

shall not be for the general public, with the exception of adjacent schools and community organizations within the Collins Park and Flamingo Drive areas, which may use the hall until 9:00 p.m.;
Tagged Passions:events, parks, property, and education

(5) Restaurants, stand-alone bars and alcoholic beverage establishments, not functioning as a hall-for-hire, shall be prohibited;

Tagged Passions:alcohol and restaurants

(6) Outdoor dining, outdoor entertainment and open-air entertainment uses shall be prohibited;

(7) Private or valet parking for any event at the hall shall be prohibited from using Flamingo Drive, Flamingo Place or Lake Pancoast Drive to

facilitate access to the site.
Tagged Passions:events and parking

(8) There shall be no variances from the provisions of Section 142-153(b).

(c) For apartment buildings located north of 41st Street with a minimum of 100 apartment units, a restaurant serving alcoholic beverages shall

require conditional use approval and shall comply with the following:
Tagged Passions:Homebuilder, alcohol, streets, and restaurants

(1) The restaurant shall only be open to residents of the apartment building and their invited guests. All invited guests shall be required to park

on the subject property.
Tagged Passions:Homebuilder, restaurants, parks, and property

(2) The kitchen shall be limited to a maximum size of 500 square feet.

(3) The conditional use application for a restaurant with outdoor seating and outdoor dining areas shall specify the proposed maximum number of

seats, and locations of seating in the outdoor areas, which shall be subject to Planning Board review and approval.
Tagged Passions:planning and restaurants

(4) A hall for hire, dance hall, open-air entertainment establishment, outdoor entertainment establishment or entertainment establishment shall be

prohibited.
Tagged Passions:arts

(5) There shall only be one restaurant on the subject property.

Tagged Passions:restaurants and property

(6) The hours of operation of the Restaurant may be from 8 a.m. to midnight (no orders to be taken after 11 p.m.) and for any exterior areas then

only until 11p.m. (no orders to be taken after 10 p.m.)
Tagged Passions:restaurants

(7) Without limiting the foregoing, in the outdoor areas of the restaurant there shall not be any entertainment or Special Events.

Tagged Passions:restaurants and events

There shall be no variances from the provisions of Section 142-153(b).

(d) For existing apartment buildings located on lots fronting the Tatum Waterway and within the North Shore National Register Historic District and

which are classified as contributing, accessory restaurants serving alcoholic beverages may be permitted as a conditional use in accordance with the following provisions:
Tagged Passions:Homebuilder, alcohol, restaurants, and historic

(1) The interior restaurant area, inclusive of all seating and back-of-house areas, shall be located at the first level of the building and shall not

exceed 25 percent of the floor area of the existing structure.
Tagged Passions:Homebuilder and restaurants

(2) The maximum number of seats shall not exceed 40; however, the maximum number of seats may be increased to 60, subject to planning board approval.

Tagged Passions:planning

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(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.
Tagged Passions:Homebuilder, planning, development, and Development

(4) Pass-through windows shall not be permitted.

(5) Beer and wine may be served; however, full liquor shall not be permitted.

Tagged Passions:alcohol

(6) A fully enclosed, air-conditioned trash room shall be required.

(7) The hours of operation may be from 11:00 am to 10:00 pm (no orders to be taken after 9:00 p.m.)

(8) A plan for loading operations shall be provided for the review and approval of the planning board and parking department. Loading shall only take

place between the hours of 10:00 am and 3:00 pm.
Tagged Passions:planning and parking

(9) Exterior speakers shall be prohibited, except as may be required under the Florida Life Safety Code.

(10) A hall for hire, dance hall, open-air entertainment establishment, outdoor

Tagged Passions:arts

entertainment establishment, entertainment establishment, or special event shall be prohibited.

Tagged Passions:events

(11) There shall only be one restaurant on the subject property.

Tagged Passions:restaurants and property

(12) The minimum distance separation between accessory restaurants serving alcoholic

Tagged Passions:alcohol and restaurants

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.
Tagged Passions:planning, alcohol, grant, restaurants, and events

(e) For existing buildings on lots fronting the Tatum Waterway and classified as contributing

Tagged Passions:Homebuilder

within the North Shore Local Historic District, hotels may be permitted as a conditional use, in accordance with the following provisions:

Tagged Passions:historic and hotel

(1) Only that portion of the existing building that is retained may contain hotel units.

Tagged Passions:Homebuilder and hotel

(2) The entire building shall be substantially renovated, rehabilitated and restored in a manner to be approved by the planning director or designee

and in full accordance with the Secretary of the Interior s Guidelines and Standards for the Rehabilitation of Historic Buildings.
Tagged Passions:Homebuilder, planning, and historic

(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.
Tagged Passions:business, taxes, Taxes, hotel, Public Works, public works, and property

(4) 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, 2021, 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
Tagged Passions:planning, Public Works, and public works

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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.
Tagged Passions:property

(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.
Tagged Passions:planning, construction, hotel, events, and property

(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:
Tagged Passions:planning, historic, hotel, and zoning

1. The allocation of hotel units shall occur simultaneously with an application for planning board approval. In the event of multiple planning board

applications, unit allocation shall be prioritized in accordance with the following:
Tagged Passions:planning, hotel, and events

a. Properties with a building that contains legally established hotel units.

Tagged Passions:Homebuilder and hotel

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.
Tagged Passions:Homebuilder, planning, hotel, and events

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.
Tagged Passions:Homebuilder, planning, hotel, events, and property

3. If the hotel use approved by the planning board changes to a use that does not require an allocation of units, the allocation of hotel units shall

become available to new applicants.
Tagged Passions:planning and hotel

4. The planning director may permit an increase above the limit of 100 hotel units if an eligible building proposes hotel units and the available

pool is less than 100 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.
Tagged Passions:Homebuilder, planning, and hotel

Page 13 of 161

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(7) Accessory alcoholic beverage establishments (pursuant to article IV, division 2 of this chapter) associated with such hotel may also be permitted

as a conditional use.
Tagged Passions:alcohol and hotel

Sec. 142-154. - Accessory uses.

(a) The accessory uses in the RM-1 residential multifamily, low density district are as required in article IV, division 2 of this chapter.

* * *

SECTION 2. Chapter 142, Zoning Districts and Regulations, Article IV Supplementary District Regulations, Division 2, Accessory Uses, is hereby

amended as follows:
Tagged Passions:regulation and zoning

CHAPTER 142 ZONING DISTRICTS AND REGULATIONS * * *

Tagged Passions:regulation and zoning

ARTICLE IV. SUPPLEMENTARY DISTRICT REGULATIONS * * *

Tagged Passions:regulation

DIVISION 2. ACCESSORY USES * * *

Sec. 142-902. - Permitted accessory uses.

The following are permitted accessory uses:

(1) a. Hotels not located in the RM-1 or RM-2 district are permitted to have any accessory use that is customarily associated with the operation of a

hotel or apartment building.
Tagged Passions:Homebuilder and hotel

b. Hotels located in the RM-2 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.
Tagged Passions:Homebuilder, arts, hotel, and neighborhood

c. Where permitted, hotels located in the RM-1 district may have accessory uses based upon the below criteria:

Tagged Passions:hotel

1. A dining room operated solely for registered hotel visitors and their guests, located inside the building and not visible from the street, with no

exterior signs, entrances or exits except as required by the South Florida Building Code.
Tagged Passions:Homebuilder, streets, hotel, and building codes

2. Other accessory uses customarily associated with the operation of an apartment building, as referenced in subsection 142-902(2), for the use of

registered hotel visitors and their guests only.
Tagged Passions:Homebuilder and hotel

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.
Tagged Passions:Homebuilder, arts, historic, hotel, and neighborhood

d. Hotels located in the RM-1, 2 or 3 districts are permitted to have religious institutions

Tagged Passions:hotel

as a matter of right up to 199 occupancy, and over that occupancy shall be a conditional use.

Page 14 of 161

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(2) Apartment buildings may have accessory uses based upon the below criteria:

Tagged Passions:Homebuilder

a. Mechanical support equipment and administrative offices and uses that maintain the operation of the building.

Tagged Passions:Homebuilder and equipment

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.
Tagged Passions:Homebuilder, streets, and building codes

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