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Home My WebLink About2006-3514 Ordinance Review process bv Planninq Board as modified bv the Citv Commission on 4/11/06 ORDINANCE NO. 2006-3514 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 PROVIDING THAT THE FIRST STEP IN THE PROCESS FOR NEW CONSTRUCTION OF STRUCTURES 50,000 SQUARE FEET BE THE CONDITIONAL USE APPROVAL BY THE PLANNING BOARD. PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, on February 28, 2006 the majority of the members of the Planning Board voted to recommend approval of a proposed ordinance that would require Conditional Use approval of new construction of structures 50,000 square feet or more; and WHEREAS, on March 28, 2006 the Planning Board recommended to the City Commission that the first step in the process should be the Conditional Use review by the Planning Board; and WHEREAS, this proposed ordinance will codify the recommendation of the Planning Board. 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, which review shall be the first step in the process before the review by any of the other land development boards: 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ordinances or parts of ordinances and all section and parts of sections in conflict herewith be and the same are hereby repealed.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. Review process by Planninq Board as modified by the City Commission on 4/11/06 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. PASSED and ADOPTED this 10th d yof M ,2006. SECTION 5. Effective Date. This Ordinance shall take effect ten days ~r faAtk CITY CLERK Robert Parcher First Reading: Second Reading: MAYOR David Dermer ,/; APPROVED AS TO FORM AND LANGUAGE FOR EXECUTION 5/~l(J(, I Date Verified by: .1 I ...-:,.....- Jor~e cpo Gomez, AIC /Plrnnirtg Director Underscore ~~otes new language F:\PLAN\$PLB\draft ordinances\1757 - Cond Use over 50,000 sqft\Ordinance-review process modified by CC 4-11-06.doc COMMISSION ITEM SUMMARY Condensed Title: Amendment pertaining to requiring that the first step in the development review process structures 50,000 square feet and over in the 1-1, Light Industrial District shall be the conditional use review by the Planninq Board. Ke Intended Outcome Su orted: Increase satisfaction with neighborhood character. Issue: Should the review process for new structures 50,000 square feet start at the Planning Board before an of the other land develo ment boards. 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 and to the greatest extent possible encourage those projects to obtain Conditional Use approval before appearing before any of the other land development boards. The Administration recommends that the City Commission adopt the ordinance as modified. Advisorv Board Recommendation: At the March 28, 2006 meeting, the Planning Board reviewed the proposed ordinance codifying the process requiring new structures 50,000 square feet and over in the 1-1, Light Industrial district to start the review process at the Planning Board. The Board unanimously approved (Vote: 7-0) to recommend to the City Commission adoption of the ordinance as modified, which removes the language "to the greatest extent possible." Financial Information: Source of Funds: D OSPI Financial Impact Summary: The proposed Ordinance is not expected to have any fiscal impact. Ci Clerk's Office Le islative Trackin Jorge Gomez or Mercy Lamazares MIAMIIBEACH AGENDA ITEM DATE RS'c... S-fO~C:. ~ 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 0 V"~ May 10, 2006 Second ReadinQ Public HearinQ TO: DATE: SUBJECT: Process for the review of new construction of Structures 50,000 square feet and over. 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 PROVIDING THAT 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; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance as modified by the City Commission. 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 Under separate ordinance, there is a proposed amendment to require that new structures 50,000 square feet and over, in the 1-1, Light Industrial District, shall obtain Conditional Use approval from the Planning Board. The Planning Board also proposed that the review process should start with the Conditional Use review prior to appearing before any of the other land development boards. However, this proposed review was not part of the advertised ordinance, thus in an abundance of caution, another ordinance was drafted to codify the process that had been recommended. At the March 28, 2006 meeting of the Planning Board, after a lengthy discussion it was recommended that the language "to the greatest extent possible," be removed from the Commission Memorandum May 10, 2006 Conditional Use requirement for structures 50,000 and over. Page 2 ordinance. The Administration believes that this proposed language should be re- incorporated and adopted as it is difficult to foresee instances where it would more feasible to have applications reviewed by any of the other land development boards prior to the Conditional Use review. PLANNING BOARD ACTION At the March 28, 2006 meeting, the Planning Board reviewed the proposed ordinance codifying the process requiring new structures 50,000 square feet and over in the 1-1, Light Industrial district to start the review process at the Planning Board. The Board unanimously approved (Vote: 7-0) to recommend to the City Commission adoption of the ordinance as modified, which removes the phrase "to the greatest extent possible." CITY COMMISSION ACTION At the April 11, 2006 meeting the City Commission modified the ordinance proposed by the Administration and adopted the Planning Board recommendation, removing the phrase "to the greatest extent possible," and making the Conditional Use review by the Planning Board the first step in the review process of new structures that are 50,000 square feet and over in the 1-1, Light Industrial District. FISCAL IMPACT This proposal has no associated negative fiscal impact upon enactment. CONCLUSION Pursuant to Section 118-164(3), when the request to amend the land development regulations 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 in the newspaper of general circulation. Immediately following the public hearing at the second reading, the City Commission may adopt the ordinance by an affirmative vote of five-sevenths. JMG/TH/JGG/ML T:\AGENDA\2006\may1006\Regular\1757 - review process for 50,000 sqft 5-10-06.doc ~.:CMIAMIBI:A..C. 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 I 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. 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). t-,\ 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, 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). (Ad .368) ~ ..: N ..... if c( ~ o VI '" ::> ;!: i I z l!! E 8 'd ~ '" ::x: E .. i: !Il I: