The URL can be used to link to this page

Home My WebLink AboutPZAB (15817) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-038 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15817 Date Rendered: 6/25/2024 A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES," AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS," TO ONLY ALLOW BED AND BREAKFAST USE IN "T4-R" GENERAL URBAN TRANSECT ZONE - RESTRICTED IN CERTAIN CIRCUMSTANCES PER CHAPTER 23 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, AND THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted by the Miami City Commission as the City of Miami's ("City") Zoning Ordinance, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, Article 4, Table 3 of the Miami 21 Code currently allows Bed and Breakfast Lodging Uses in "T4-R" General Urban Transect Zone — Restricted; and WHEREAS, the supplemental regulations in Article 6, Section 6.1 applicable to this Use in this Transect Zone simply state "Subject to City Code Chapter 23" with no other guidance; and WHEREAS, Chapter 23 of the Code of the City of Miami, Florida, as amended, ("City Code") concerning historic preservation, authorizes the Historic and Environmental Preservation Board to permit a Bed & Breakfast Use in "low, medium and high density multifamily residential (general urban , urban center and urban core) zones ... only within existing structures that are individually designated or contributing resources within a designated historic district or thematically related historic resources within a multiple property designation as identified in the designation report prepared pursuant to Chapter 23"; and WHEREAS, according to the Miami Comprehensive Neighborhood Plan ("MCNP"), the "T4-R" General Urban Transect Zone — Restricted corresponds to the "Low Density Multifamily Residential" future land use ("FLU") designation; and WHEREAS, "Low Density Multifamily Residential" FLU designation provides that "tourist and guest homes ... are allowed only in contributing structures within historic sites or historic districts that have been designated by the Historical and Environmental Preservation Board and are in suitable locations within low density multifamily residential areas, pursuant to applicable land development regulations and the maintenance of required levels of service for such uses"; and Date Rendered: 6/25/2024 City of Miami Page 1 of 5 File ID: 15817 (Revision:) Printed On: 6/25/2024 WHEREAS, the same language repeats in the "Medium Density Multifamily Residential" FLU designation; and WHEAREAS, MCNP authorization for Lodging Uses absent the historic preservation caveat does not occur until the "Low Density Restricted Commercial" FLU designation (equivalent to the "T4-L" General Urban Transect Zone — Limited and "T4-O" General Urban Transect Zone - Open); and WHEARAS, in `T4-R" General Urban Transect Zone - Restricted, a Bed & Breakfast is allowed only as provided by Chapter 23 for contributing structures within a historic district, thematically related historic resources, or an individually designated historic resource; and WHEARAS, a Bed & Breakfast is prohibited in all other instances in "T4-R" General Urban Transect Zone — Restricted and to allow otherwise would be to authorize a comprehensive plan inconsistency in violation of the MCNP by permitting a use generally that is allowed only in these limited circumstances; and WHEARES, allowing Bed & Breakfast in a `T4-R" General Urban Transect Zone - Restricted would not fulfill the Miami 21 Code's intent of implementing the MCNP as it would directly conflict; and WHEREAS, this prohibition includes the transient "Apartment Hotel"/ "Condo Hotel" Determination of Use issued on March 20, 2019, in a `T4-R" General Urban Transect Zone - Restricted outside of a historic structure or a contributing structure in a historic district for the same reason; and WHEREAS, on June 30, 2022, the Zoning Administrator issued Zoning Interpretation 2022-0002 - T4-R Bed and Breakfast by Warrant Interpretation stating that Bed and Breakfast Use in a `T4-R" General Urban Transect Zone - Restricted is not permitted where the structure involved is either: (1) in a historic district but is a non- contributing structure to that district or (2) is not located within a historic district and is not individually designated as a historic structure; and WHEREAS the Zoning Administrator found that in the 74-R" General Urban Transect Zone - Restricted, a Bed & Breakfast is allowed only as provided by Chapter 23 for contributing structures within a historic district, thematically related historic resources, or an individually designated historic resource and is prohibited in all other instances; and WHEREAS, on July 15, 2022, an appeal of the Zoning Interpretation 2022-0002 was filed by Cecilia Torres -Toledo, Esquire, on behalf of Riverstudios, LLC ("Appellant"); and WHEREAS, on September 7, 2022, the Planning, Zoning, and Appeals Board found that there was competent substantial evidence in the record to grant the appeal of the Zoning Interpretation 2022-0002; and WHEREAS, Article 4, Table 3, currently allows for Bed & Breakfast in 74-R" General Urban Transect Zone - Restricted by process of a Warrant; and City of Miami Page 2 of 5 File ID: 15817 (Revision:) Printed On: 6/25/2024 WHEREAS, consideration was given as to whether the proposed text amendment will further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, consideration was given as to the need and justification for the proposed amendment to the Miami 21 Code, including changed or changing conditions that make the passage of the proposed amendment to the Miami 21 Code necessary; and WHEREAS, after careful consideration of this matter, it is deemed it advisable and in the best interest of the general welfare of the City and its citizens to amend the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. PZAB recommends to the Miami City Commission that the Miami 21 Code is further amended by amending Article 4, Table 3 in the following particulars.' "ARTICLE 4. STANDARDS AND TABLES TABLE 3. BUILDING FUNCTIONS: USES LODGING BED & BREAKFAS T31 v0 0 T4 SUB- URBAN URBAN GENERAL T5 I I IT61 1 0 IC 1 ID I I CI Hp D1 D2 D3 URBAN URBAN CIVIC CENTER CORE DISTRICTS E GAF RRE RRE RR R R E 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 3 of 5 File ID: 15817 (Revision:) Printed On: 6/25/2024 T3 T4 T5 T6 C D INN R RRE RR R R E E HOTEL R R R R R R*** E E *„ Section 2. PZAB recommends to the Miami City Commission that the Miami 21 Code is further amended by amending Article 6, Table 13 in the following particulars.2 "ARTICLE 6. SUPPLEMENTAL REGULATIONS Table 13: T4 - GENERAL URBAN ZONE T4 RESTRICTED LIMITED OPEN BED AND BREAKFAST Subject to City Code Chapter 23. • As per City Code Chapter 23 - contributing structures, thematically related historic resources, and individually designated structures may be granted approval by Special Certificate of Appropriateness by the Historic Environmental and Preservation Board. *„ 2 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 4 of 5 File ID: 15817 (Revision:) Printed On: 6/25/2024 Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution should not be affected. Section 4. It is the intention that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or re -lettered and that the word "Ordinance" may be changed to "Section," "Article," or other appropriate word to accomplish such intention. Section 5. This Resolution shall become effective immediately upon adoption thereof. Reviewed and Approved: David Snow City of Miami Page 5 of 5 File ID: 15817 (Revision:) Printed On: 6/25/2024