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HomeMy WebLinkAbout2006-3513 Ordinance Planninq Board version (2/28/06) ORDINANCE NO. 2006-3513 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY CODE; BY AMENDING DIVISION 11, "1-1 LIGHT INDUSTRIAL DISTRICT," BY REQUIRING CONDITIONAL USE APPROVAL FOR NEW CONSTRUCTION OF STRUCTURES 50,000 SQUARE FEET AND OVER; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, large commercial and residential developments may disrupt the quality of life in abutting and nearby neighborhoods; and WHEREAS, in 2004, the citizens of Miami Beach overwhelmingly approved a Straw Ballot question to limit the construction of new buildings that are larger than 50,000 square feet; and WHEREAS, at its meeting on February 28, 2006, the majority of the members of the Planning Board recommended approval of this modified version of the ordinance. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Section 142-483, "Conditional uses," is hereby amended as follows:. The conditional uses in the 1-1 light industrial district are any use which includes the retail sale of gasoline; new construction of structures 50,000 square feet and over; recycling receiving stations; outdoor entertainment establishment; neighborhood impact establishment; open air entertainment establishment. SECTION 2. Repealer. All ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed. SECTION 3. Codification. It is the intention of the City Commission, 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 as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. 1 of 2 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. This Ordinance shall take effect ten days f PASSED and ADOPTED this 10th da of ,2006. ArJ:d P wk CITY CLERK MAYOR David Dermer Robert Parcher First Reading: Second Reading: APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION 1At~ 114 City Attorney 1-- )-O~ Date Verified by: I Underscore denotes new language F:\PLAN\$PLB\draft ordinances\1757 - Cond Use over 50,000 sqft\Ordinance - PB version.doc 2 of 2 COMMISSION ITEM SUMMARY Condensed Title: Amendment pertaining to requiring conditional use approval for new construction of structures 50,000 s uare feet and over in the 1-1, Li ht Industrial District. Ke Intended Outcome Su orted: Increase satisfaction with neighborhood character. Issue: Should the new structures 50,000 square feet and over be required to obtain Conditional Use a roval from the Plannin Board. Item Summary/Recommendation: The proposed ordinance would place another level of scrutiny in the review of new structures 50,000 feet and over in the 1-1, Light Industrial district by requiring them to obtain Conditional Use approval. The Administration recommends that the Commission adopt the ordinance. Advisory Board Recommendation: The Planning Board reduced the scope of the proposed ordinance to be applicable only to the 1-1, Light Industrial zoning district and recommended by a vote of 5-1 (one member absent) that the City Commission adopt the ordinance as modified. Financial Information: Source of Funds: D aSPI Financial Impact Summary: The proposed Ordinance is not expected to have any fiscal impact. Cit Clerk's Office Le islative Trackin Jorge Gomez or Mercy Lamazares in .... MIAMI BEACH AGENDA ITEM _R S B DATE $"' I O-()~ ~ MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager q ~ May 10, 2006 0 Second ReadinQ Public HearinQ TO: DATE: SUBJECT: Conditional Use Approval for New Construction of Structures 50,000 Square Feet and Over in 1-1, Light Industrial District. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY CODE, BY AMENDING DIVISION 11, "1-1 LIGHT INDUSTRIAL DISTRICT," BY REQUIRING CONDITIONAL USE APPROVAL FOR NEW CONSTRUCTION OF STRUCTURES 50,000 SQUARE FEET AND OVER; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance on second reading public hearing. BACKGROUND At the January 11, 2006 meeting, the City Commission referred to the Planning Board the issue of limiting the size of single-occupancy developments citywide to ensure that projects that are not compatible will not be allowed to occur without certain restrictions. ANAL YSIS The current development regulations permit new developments of any size to occur in any zoning district in the City subject to Design Review Board (ORB) or Historic Preservation Board (HPB) approval, and the limitations contained within the development regulations of each zoning district. These boards review design and compatibility, but not enough of the impacts the developments may have on the surrounding neighborhoods. During the last few years, the City has been subjected to a great amount of development pressures, which may endanger the urban character as well as the infrastructure of the City, to the extent that it appears that a certain level of growth management has become necessary. It is necessary and very important to maintain the character and the infrastructure of the City at a level that all commercial and residential uses can co-exist. Commission Memorandum May 10, 2006 Conditional Use requirement for structures 50,000 and over. Page 2 The proposed ordinance requires that new construction of structures 50,000 square feet and over receive Conditional Use approval from the Planning Board. This requirement would provide an extra level of scrutiny that would review, in addition to compatibility, other issues such as noise, traffic and other adverse impacts that may result from such developments. The additional review as a Conditional Use, which is defined as a use that would not be appropriate generally or without restriction throughout a particular zoning district, but would be appropriate if controlled as to number, area, location, or relation to the neighborhood, would impose conditions and restrictions that would help in ameliorating any adverse impacts resulting from a particular development. The proposed ordinance also starts to address, to a certain extent, the non-binding straw ballot question of limiting the construction of new buildings larger than 50,000 square feet, which was overwhelmingly approved by 72.1 % of the City of Miami Beach voters in the November 2004 election. The proposed ordinance, as originally drafted, included all zoning districts - commercial, industrial, mixed use and residential. A recommendation was made to the Planning Board to approve the concept stipulated in the ordinance, but to separate the proposal into two separate ordinances - one for the CD commercial and 1-1 industrial districts, and another one for the RM residential, MXE mixed use, and the PS districts. At the February 28, 2006 meeting of the Planning Board, the scope of the ordinance was reduced to deal only with the 1-1, Light Industrial District. The Administration requests that should the City Commission wish to expand the scope of the proposal that guidance be provided to the Administration. There are two 1-1, Light Industrial Districts in the City of Miami Beach - one is the "West Avenue" district, and the other one includes Terminal Island. It should be noted that Section 118-164 of the City Code requires that when the proposed amendment changes the actual list of permitted, conditional or prohibited uses in a zoning category and the area involved is less than ten contiguous acres, notice by mail is required to be given to the owners of record of land lying within 375 feet of the land at least 30 days prior to the date set for the public hearing. The "West Avenue" 1-1 contains 11.1 contiguous acres; however, the Terminal Island 1-1 is not 10 contiguous acres - the U. S. Coast Guard Station is separated from Terminal Island by a body of water and Terminal Island contains a GU, Government Use district, which is where Fleet Maintenance is located. In view of the above, the Terminal Island/U.S. Coast Guard Station 1-1 district was not properly noticed and the zoning-in-progress does not affect that area at this time. The required mailed notice has already been sent out and this area is scheduled to be reviewed by the Planning Board at its April 19, 2006 meeting. Because of the mailed notice requirement, this 1-1 district will not be heard by the City Commission until the June 7, 2006 meeting. PLANNING BOARD ACTION The Planning Board reduced the scope of the proposed ordinance and modified it to be applicable to the 1-1, Light Industrial zoning district only and recommended by a vote of 5-1 (one member absent) that the City Commission adopt the ordinance as modified. A second motion was made and approved by a vote of 5-1 (one member absent) to recommend to the Commission that that the review process start with Planning Board Conditional Use approval before developments go before any of the other land use boards. Commission Memorandum May 10, 2006 Conditional Use requirement for structures 50,000 and over. Page 3 Zoning-in-progress started at the moment the Board made a favorable recommendation to the Commission. However, the recommendation of the Board stipulated that the review process for structures 50,000 square feet and over in the 1-1 Light Industrial District start with the Conditional Use review by the Planning Board prior to appearing before any of the other land development boards. The Administration believes that this proposed process may become onerous as it is difficult to foresee instances where it would be more feasible to have applications reviewed by any of the other land development boards prior to the Conditional Use review. As the process recommended by the Planning Board was not part of the advertised ordinance, in an abundance of caution, another ordinance was drafted to codify the process that has been recommended. The Planning Board reviewed this ordinance at the March 28, 2006 meeting and also recommended adoption to the City Commission. The City Commission will be reviewing this proposal under a separate memorandum. CITY COMMISSION ACTION At the April 11, 2006 meeting, the City Commission approved the proposed ordinance on first reading, setting the second reading public hearing for the May 10, 2006 meeting. In addition, the Commission requested that the Planning Board review the issue of creating additional or reinforcing the existing review criteria for Conditional Use, with special emphasis on traffic impact in the neighborhood and any other criteria that may be deemed appropriate. FISCAL IMPACT This proposal has no associated negative fiscal impact upon enactment. CONCLUSION Pursuant to Section 118-164(2), in all cases in which the proposed amendment changes the actual list of permitted, conditional or prohibited uses within a zoning category, regardless of the acreage of the area affected, the city commission shall hold two advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5:00 p.m. on a weekday. The first public hearings shall be held at least seven days after the day that the first advertisement is published. The second public hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. The required advertisements shall be no less than two columns wide by ten inches long in a standard size or tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. JMG/TH/JGG/ML T:\AGENDA\2006\may1006\Regular\1757 - CU req for 50,000 sqft projects 5-10-06.doc '. e MIAMIBEAC.H CITY OF MIAMI BEACH NOTICE OF A PUBLIC HEARING NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City of Miami Beach, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, May 10, 2006 at 5:01 p.m., regarding An Ordinance Amending Chapter 142, "Land Development Regulations," Of The City Code, By Amending Division 11, "1-1 Ught Industrial District,"By Requiring Conditional Use Approval For New Construction Of Structures 50,000 Square Feet And Over. INQUIRIES may be directed to the Planning Departr;nent at (305) 673-7550. INTERESTED 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, 1 st Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and 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. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673- 7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). ~eH ~7~' r'~;" :",.,....,.., ..""i".,~':::' :,;\.L " -"~I'"~ 'tiY.OFMIAMr:BEACH NOTICE OF A PUBLIC HEARING NOTICE IS HEREBY given that a public hearing will be held by the City Commission of the City of Miami Beach, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, May 10, 2006 at 5:02 p.m., regarding An Ordinance Amending Chapter 142, "Land Development Regulations," Of The City Code, By Amending Division 11, "1-1 Light Industrial District,"By Providing That To The Greatest Extent Possible, The First Step In The Process For New Construction Of Structures 50,000 Square Feet And Over Shall Be The Conditional Use Approval By The Planning Board. INQUIRIES may be directed to the Planning Department at (305) 673-7550. INTERESTED 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 Hall, Miami Beach, Florida 33139. This meeting may be opened and 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, To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673.7218(TTY) live days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). (Ad *368) "'q -;::- ~ N ,..:: N -' a;: Q. < ~ ~ ::> :I: .... i I, * E 8 .,; ~ '" :I: E '" :f ell L