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HomeMy WebLinkAbout2006-3508 OrdinanceORDINANCE NO. 2006-3508 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 3, "SUPPLEMENTARY USE REGULATIONS," BY ADDING SECTION 142-1110, STORAGE CONTAINERS", TO CONTAINERS; PROVIDING CODIFICATION, SEVERABILITY DATE. ENTITLED "MOBILE REGULATE STORAGE FOR REPEALER, AND AN EFFECTIVE WHEREAS, the City of Miami Beach seeks to maintain the residential character of its single family residential neighborhoods; and WHEREAS, the recent proliferation of Mobile Storage Containers, or PODS, has raised questions as to how the City should regulate these containers in single family neighborhoods; and WHEREAS, the City of Miami Beach desires to balance homeowner's abilities to utilize these containers for moving and storage with the need to maintain a residential character in single family neighborhoods; and WHEREAS, the amendments set forth below are necessary to accomplish the above objective. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Section 142-1110 of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby created as follows: Sec. 142-1110. Mobile Storage Containers. (a) A Mobile Storaqe Container is a shipping container typically used to store and ship personal goods and/or other materials, which is picked up and delivered by truck. (b) In Sinqle-family residential zoning districts, Mobile Storaqe Containers are permitted in driveways of sinqle family houses up to 7 business days. Revised 02/28/2006 (c) (d) (e) (f) The mobile storage container shall have the date of placement and date of required removal placed visibly on the exterior of the container by the container provider. The homeowner, either directly, or through container provider must provide notification of placement of any storage container, includinq dates of placement and proposed removal, to the Miami Beach Planninq Department. Only the name of the storage container company and its telephone number may appear on the face of the container; no other advertisement shall be permitted. Mobile storaqe containers shall be placed on private property only. No storage container may be placed on any portion of the public riqht-of-way. In the case of the declaration of a Hurricane Watch for the Miami Beach area, the mobile storaqe container shall be immediately sec,~ace~Le~ removed. SECTION 2. CODIFICATION. It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. SECTION 3. REPEALER. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 4. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 5. EFFECTIVE DATE. /'I / This Ordinance shall take effect ten days folly/ir / PASSED, ADOPTED AND APPROVED th~8t ClI'YCLERK Robert Parcher cpti°n h ,2006. David Dermer APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION it;Attorney Date COMMISSION ITEM SUMMARY Condensed Title: ... 142, "Zoning Districts And Regulations", By Adding Section 142-1110, Entitled [ Amending Chapter I I "Mobile Storage Containers", To Regulate Storage Containers. Key Intended Outcome Supported: IIncrease satisfaction with neighborhood character, Issue: To regulate the manner and amount of time a mobile storage unit could be placed in single-family I residential zoning districts. Item Summary/Recommendation: In single-family residential zoning districts, Mobile Storage Containers would be permitted in driveways of single family houses for up to 7 days. The container will be required to have the date of placement and date of required removal placed visibly on the exterior of the container by the container provider. In this way, Code Compliance personnel can easily establish the legality of the container. The homeowner, either directly or through the container provider, will be required to provide notification of placement of any storage container, including dates of placement and proposed removal, to the Miami Beach Planning Department. Only the name and telephone number of the container company may appear on the container; no other advertisement shall be permitted. Containers shall only be placed on private property. No storage container may be placed on public right-of-way. In the case of a Hurricane Watch, the container must be immediately removed. Advisory Board Recommendation: The Planning Board reviewed the proposed ordinance at its December 20, 2005 meeting, and transmitted lit to the City Commission with a favorable recommendation. Financial Information: III 1~411VIIk4l II Ilvl I I l~14~kl¥l l! Source of Amount Account Approved Funds: 1 2 3 4 OBPI Total Financial Impact Summary: The ordinance is not expected to have any fiscal impact. City Clerk's Office Legislative Tracking: I sign-Offs: Assistant City Manager City Manager MIAMIBEACH AGENDA ITEM DATE REE MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM TO: FROM: DATE: SUBJECT: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager I~ SECOND READING March 8, 2006 PUBLIC HEARING AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS", ARTICLE IV, "SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 3, "SUPPLEMENTARY USE REGULATIONS," BY ADDING SECTION 142-1110, ENTITLED "MOBILE STORAGE CONTAINERS", TO REGULATE STORAGE CONTAINERS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION Adopt the Ordinance. ANALYSIS At the February 23, 2005 City Commission meeting, the Commission referred a discussion regarding long-term storage' of "PODS" to the Land Use And Development Committee, at the request of Commissioners Richard Steinberg and Jose Smith. Subsequently, the Land Use And Development Committee reviewed articles regarding various municipalities' responses to the issue of mobile storage units, and a draft of a proposed ordinance which would limit the time a mobile storage unit could be placed in single family areas. After discussion, the committee directed Planning Department staff to continue to refine the ordinance, with a seven (7) day time limit, the requirement for the storage unit company to notify the City of placement of the pods, requiring the seven day time limit to be shown in the contract with the customer, and a requirement to remove the unit in case of a hurricane watch. The revised ordinance was referred to the Planning Board for review. ANALYSIS The proposed ordinance would define a "Mobile Storage Container" as a shipping container typically used to store and ship personal goods and/or other materials, which is picked up and delivered by truck. The regulations would apply to Single-family Residential zoning districts; in other districts, the normal regulations applying to construction trailers and temporary business / sales trailers would continue to apply. Commission Memorandum February 8, 2006 PODS Ordinance Page 2 In Single-family residential zoning districts, Mobile Storage Containers would be permitted in driveways of single family houses for up to 7 business days. The mobile storage container will be required to have the date of placement and date of required removal placed visibly on the exterior of the container by the container provider. In this way, Code Compliance personnel can easily establish the legality of the container. The homeowner, either directly or through the container provider will be required to provide notification of placement of any storage container, including dates of placement and proposed removal, to the Miami Beach Planning Department. Only the name of the storage container company and its telephone number may appear on the face of the container; no other advertisement shall be permitted. Mobile storage containers shall be placed on private property only. No storage container may be placed on any portion of the public right-of-way. Finally, in the case of the declaration of a Hurricane Watch for the Miami Beach area, the mobile storage container will need to be immediately removed. In light of the City's efforts to preserve the single-family residential character of our neighborhoods, this type of regulation should be considered for enactment. Planning Department staff has reviewed other municipalities ordinances, and this is similar and consistent. Staff has also been in contact with the governmental relations office of the PODS company, who appear to be willing to work with the City and conform with these regulations. PLANNING BOARD ACTION At the DeCember 20, 2005 meeting, a motion was made and approved by a vote of 7-0 recommending that the City Commission adopt the Ordinance. FISCAL IMPACT The proposed ordinance has no associated negative fiscal impact upon enactment. CONCLUSION The Administration recommends that the proposed ordinance be adopted. Pursuant to Section 118-164(3), when a request to amend the Land Development Regulations of the City Code does not change the actual list of permitted, conditional or prohibited uses in a zoning category, the proposed ordinance may be read by title or in full on at least two separate days and shall, at least ten days prior to adoption, be noticed once in a newspaper of general circulation in the city. Immediatelyfollowing the public hearing at the second reading, the City Commission may adopt the ordinance by an affirmative vote of five-sevenths of all members of the City Commission. JMG/TH/JGG/R~L~ T:V~,GENDA~006\feb0806\Regular~Pods Ordinance memo.doc CITY OF MIAMI BEACH MIAMtBEACH ,OT~CE OF PUBLIC HEARING NOTICE IS HEREBY given that public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, March 8, 2006, to consider the following: 10:15 a.m. An Ordinance Merging The Retirement System For General Employees Of The City Of Miami Beach With The Retirement System For Unclassified Employees Of The City Of Miami Beach, Thereby Creating The Miami Beach Employees' Retirement Plan; Implementing Provisions Of The 2003-2006 Collective Bargaining Agreement Between The City And The Communications Workers Of America; Amending Provisions Of The Retirement Plan Applicable To Non-Bargaining Unit And Unclassified Employees; The Changes Will Later Apply To Members Of The American Federation Of County State And Mun cipa Employees (AFSCME) And Government Supervisors Association (GSA) Bargaining Units Subject To The Collective Bargaining Process And Upon Ratification Of An Agreement By Those Units; Providing For severability; Repealing A Ordnances In Conflict Therewith Inquiries may be directed to the Labor Relations Department at (305) 673-7009. - 10:20 a.m. , An Ordinance Amending Miami Beach City Code Chapter 78, Article II Thereof, Entitled "Employee Benefit Plans"; Amending Section 78-81 Entitled "Group Health Insurance," And Section 78-82 Entitled "Health Maintenance Organization," To Require That Employees Make A One-Time Irrevocable Election To Continue Participating In The City Group Health Insurance Or Health Maintenance Organization Program Prior To Termination Of Employment To Be Eligible For Such Continued Participation; Providing That Employees Who Participate In The Defined Contribution Retirement System Must Have Ten Years Of Full-Time City Employment To Be Eligible For Retiree Health Benefits; Providing For Specified City Contributions Toward The Cost of Retiree Health Coverage For Employees Hired On Or After The Effective Date Of This Ordinance; Providing Certain Exceptions; Repealing NI Ordinances In Conflict Therewith. Inquiries may be directed to the Labor Relations Department at (305) 673-7009. 10:25 a.m. An Ordinance Amending Ordinance No.789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Group IV Classifications, Those Being The Classifications Covered By The Communications Workers Of America (CWA), Local 3178, In Accordance With The Negotiated Agreement; There Shall Be No Wage Increase For Fiscal Year 2003/ Prior To Any Other Wage Increase, A One-Time Lump Sum Payment Valued At Three Percent (3%) Of The Employee's Bese. Pa.y A. nd. His/.H.e.r 2004; All CWA Bargaining Unit Employees Shall Be Paid, Employee Earned During Fiscal Year 2003/2004 (I.E. Based On The Employee's Extended Pay Plus Overtime, But Not To ~nc~uoe Any S~CK Regular Pay Enhancements And The Overtime That The Time Bonus Or Any Differentials Or Allowances); The Above Payment Shall Not Be Pensionable And Shall Not Increase The Employee's Base Pay, Nor Result In Any Adjustment To The Pay Ranges Contained in The Pay For Pedormance Plan; Effective In The First Pay Period Ending In October Of 2004, There Shall Be An Across The Board Wage Increase Of Six Percent (6%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Six Percent (6%); The Three Percent (3%) One-Time Lump Sum Payment Referred To Earlier In This Paragraph Shall Not Be Included In The Calculation Of The Six Percent (6%)COst Of Living Adjustment (COLA); Effective With The First Pay Period Ending In October Of 2005, There Shall Be An Across The Board Wage Increase Of Three And One Half Percent (3.5%), And The Minimum And The Maximum Of Each Pay Range Will Also Be Increased By Three And One Half Percent (3.5%); Amending The Salary Ranges Of The Classifications Specified In The Negotiated Agreement; Creating The Classifications Of Field Inspector I, Field Inspector II, Meter Analyst Parking Dispatcher, Revenue Processor I And Revenue Processor II; Deleting The Titles Of Coin Room Money Handler, I.D. Technician I And I.D. Technician II; Deleting The Previous Format of The CWA Section Of The Ordinance And Replacing It With The Current Format Of The Other Sections; Repealing All Ordinances In Conflict. Inquiries may be directed to the Human Resources Department at (305) 673-7520. 10:30 a.m. . An Ordinance Amending Chapter 82 Of The City Code, Entitled "Public Property," By Amending Article VI Enti-tled "Naming Of Public Facilities And Establishments Of Monuments And Memorials," ' n 82-501 Entitled "Ganerafl" To Provide That The City Owned Building Located At 2200 Liberty Avenue, Miami Beach, Rorida, And Housing The Administrative Offices And By Amending Secho , · · .Y ' reeme~ Between The Ci As Landlord And Miami C ty Ballet Inc As Tenant Shall Be Exempt From The · ' Facilities Of The M~am~ C~ty Ballet, Pursuant To The Lease Ag ty, , . , · , Sp~Is°ioAnnsdo~e~aC~l(~rticle VI, For So Long As Said City-Owned Building Is Leased To Miami City Ballet, Inc., A Not For Profit Corporation, And Used By The Ballet For The Aforestated Purposes And  ln Accordance With The Terms And Conditions of The Lease Agreement. . . . Inquiries may be directed to the Finance Department at (305) 673-7466. 10:35 a.m. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts And Regulations", Article IV, "Supplementary District Regulations", Division 3, "Supplementary Use Regulations," By Adding Section 142-1110, Entitled "Mobile Storage Containers", To Regulate Storage Containers. Inquiries may be directed to the. Planning Department at (305) 673-7550. 10:40 a.m: An Ordinance Amending The Code Of The City Of Miami Beach, Florida, Amending Chapter 82, "Public Property," Article II, "Sale Or Lease Of Public Property," Sections 82-36 Through 89-40, To Expand The Applicability Of The Ordinance To Include Vacations Of Easements, Alleys, Rights-Of-Way, Or Any O~her Conveyance Or Reduction Of The City's Interest In Real Property; Providing For Inclusion In The Code Of The City Of Miami Beach, Florida. Inquiries may be directed to the Planning Department at (305) 673-7550. 10:50 a.m. An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 130, "Off Street Parking", Article III, "Design Standards", To Modify The Requirements For Commercial And Residential Uses In Front Of Certain Portions Of A Parking Garage; By Amending Chapter 142, "Zoning Districts And Regulations", Article II, "District Regulations", By Amending Division 3, "Residential Multifamily Districts", Subdivision II, "RM-1 Residential Multifamily Low Intensity", Section 142-156 To Modify The Requirements For New Construction To Require Residential Uses In Front Of Certain Portions Of A Parking Lot Or Pedestal; By Amending Subdivision IV, "RM-2 Residential Multifamily Medium Intensity", Subdivision V, "RM-3 Residential Multifamily High Intensity", Division 4, "CD-1 Commercial, Low Intensity District", Division 5, "CD-2 Commercial, Medium Intensity District", Division 6, "CD-3 Commercial. High ntensity District", And Division 13, "MXE Mixed Use Entertainment District", To Add New Sections Specifying Requirements For Residential Uses Or Commercial Space In Front Of Certain Portions Of A Parking Lot Or Pedestal; By Amend ng Division 18, "Performance Standard District", Section 142-695, To Add New Requirements For Residential Uses Or Commercial Space In Front Of Certain Portions Of A Parking Lot Or Pedestal. Inquiries may be directed to the Planning Department at (305) 673-7550. NTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City Commission, c/o the City Clerk, 1700 Convention Center Drive, 1st Floor, City Ha. Miami Beach, Florida 33139. Copies of these ordinances are available for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive, 1st Floor, Cit~ Hall, and Miami Beach, Florida 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided· Robert E. Parcher, City Clerk City of Miami Beach Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the public that: if a person decides to appeal any decision made by the City Commission with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law.