HomeMy WebLinkAbout2006-3517 Ordinance
Terminal Island 1-1, Light Industrial District
ORDINANCE NO. 2006-3517
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 ON THE OTHER AFFECTED PROPERTIES
ON TERMINAL ISLAND AND THAT THE FIRST STEP IN THE
DEVELOPMENT REVIEW PROCESS SHALL BE THE
CONDITIONAL USE REVIEW BY THE PLANNING BOARD.
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, Terminal Island is also zoned 1-1, Light Industrial District where
contiguous properties are less than 10 acres; and
WHEREAS, noticing requirements for this area is a 30-day mailed notice; and
WHEREAS, the proposed amendment will meet all the requirement of the City
Code with respect to noticing the property owners in the area; 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, this proposed amendment will accomplish the wishes of the citizens
of the City of Miami Beach to limit large development projects.
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, as defined in Section 114-1. of
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.
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Terminal Island 1-1, Light Industrial District
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conflict herewith be and the same are hereby repealed.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.
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 folio
PASSED and ADOPTED this 12th day 0
,2006.
ATTEST:
}U~ C2~'){{~
r CITY CLERK Robert Parcher ~
First Reading:
Second Reading:
MAYOR
Verified by:
APPROVED AS TO
..... W0. . FORM AND LANG UAGE
rA/ . & FOR EXECUTION
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$- City Attorney · II Date
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COMMISSION ITEM SUMMARY
Condensed Title:
Amendment pertaining to requiring conditional use approval for new construction of structures 50,000
square feet and over in the 1-1, Light Industrial District, inclusive of the process starting at the
Planning Board Conditional Use Review before any other land development board - Terminal Island.
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
approval from the Planning Board starting the process with the Planning Board Conditional Use
review - Terminal Island.
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.
Adviso Board Recommendation:
At the April 19, 2006 meeting, the Planning Board recommended that the City Commission adopt the
proposed ordinance so that all the 1-1 Light Industrial zoning districts are equally regulated. The
Board approved the motion by a vote of 5-0 (2 members absent). This ordinance is all inclusive of
the process of starting the review of a project by the Planning Board before any of the other land
develo ment boards.
Financial Information:
Source of
Funds:
D
CBPI
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
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MIAMIBEACH
AGENDA ITEM
DATE
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
Mayor David Dermer and Members of the City Commission
FROM:
Jorge M. Gonzalez, City Manager~ ../' 0--
July 12, 2006 U
First and onlv Readino Public Hearino
DATE:
SUBJECT: Conditional Use Approval for New Construction of Structures 50,000
Square Feet and Over in 1-1, Light Industrial District on the other affected
properties on Terminal Island.
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 ON THE OTHER AFFECTED PROPERTIES ON
TERMINAL ISLAND AND THAT THE FIRST STEP IN THE DEVELOPMENT
REVIEW PROCESS SHALL BE THE CONDITIONAL USE REVIEW 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 on first and only 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.
On May 10, 2006, the Commission adopted an amendment to the Land Development
Regulations for one of the two existing 1-1 districts (the "West Avenue one). The
amendment requires that new structures consisting of 50,000 square feet and over be
reviewed by the Planning Board for Conditional Use approval.
The second 1-1 Light Industrial District is located on Terminal Island. This 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 must be given to the owners of
property in the district and to 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 Terminal Island 1-1 is not
10 contiguous acres - the U. S. Coast Guard Station is separated from Terminal Island
Commission Memorandum
July 12, 2006
Conditional Use requirement for structures 50,000 and over (Terminal Island).
Page 2
by a body of water and Terminal Island contains a GU, Government Use district, which is
where Fleet Maintenance is located - and thus a separate public hearing was necessary
in order to comply with the mailing requirements of the City Code.
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 (DRB) 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.
The proposed ordinance requires that new construction of structures 50,000 square feet
and over receive Conditional Use approval from the Planning Board and as amended at
this time, includes the Terminal Island 1-1 district. 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.
At the June 7, 2006 meeting the City Commission continued this item in order to clarify
the definition of "structure." Mr. Jorge G. Gomez, the City's Planning Director has issued
and administrative interpretation on this definition. The City Code, Section 114-1,
defines "structure," as "... anything constructed or erected, the use of which requires
permanent location on the ground. Among other things, structures include buildings
or any parts thereof, walls, fences, parking garages, parking lots, signs and screen
enclosures" (emphasis added). Mr. Gomez further explains that the word "structure" is
an all encompassing term that should not be confused with Floor Area Ratio (FAR) and
how FAR is calculated.
Section 114-1 of the City Code defines "floor area ratio" as the floor area of the building
or buildings on any lot divided by the area of the lot." "Floor area" is also defined in the
Code, which partially reads:
"Floor area means the sum of the gross horizontal areas of the floors of a
building or buildings, measured from the exterior faces of exterior walls...
However, the floor area of a building shall not include the following unless
otherwise provided for in these land development regulations...
(5) Floor space used for required accessory off-street parking spaces.
However, up to a maximum of two spaces per residential unit may be
provided without being included in the calculation of the floor area ratio."
Commission Memorandum
July 12, 2006
Conditional Use requirement for structures 50,000 and over (Terminal Island).
Page 3
Language that clarifies the meaning of "structures," according to the definition contained
in Section 114-1 of the City Code has been inserted in the ordinance.
Attached to this Memorandum, for the City Commission's information, is a copy of Mr.
Gomez' administrative interpretation.
PLANNING BOARD ACTION
At the April 19, 2006 meeting, the Planning Board recommended that the City
Commission adopt the proposed ordinance so that all the 1-1 Light Industrial zoning
districts are equally regulated. The Board approved the motion by a vote of 5-0 (2
members absent). This ordinance is all inclusive of the process of starting the review of
a project by the Planning Board before any of the other land development boards.
CITY COMMISSION ACTION
At the June 7, 2006 meeting the City Commission continued this item in order to clarify
the definition of "structure."
FISCAL IMPACT
This proposal has no associated negative fiscal impact upon enactment.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance.
Pursuant to Section 118-164(1), in all cases in which the proposed amendment changes
the actual list of permitted, conditional or prohibited uses in a zoning category or
changes the actual zoning map designation for a parcel or parcels of land and, in either
case, the proposed amendment involves less than ten contiquous acres, each real
property owner must be notified by mail, as well as property owners lying within 375 feet
of the land, at least 30 days prior to the date set for the public hearing.
The city commission shall hold a public hearing on the proposed ordinance and may,
upon the conclusion of the hearing, immediately adopt the ordinance.
JMG/TH/JGG/ML
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City of Mianli Beach, 1700 ConvpntlOtl (.pnlr:r [, lrl\/f' ~-v11{Hni rk~d(./1. H("Hld;::t :<~ 1 :'~~:). VJWV,; rnj;-Hn!~,r-:(H:n1Iq()v
PLi'INNINC; DEPARTMENT
Tel: 305-673-7550, Fax: 305-673-7559
June 21,2006
Alexander Angueira
Museum Tower, Suite 2200
Miami, Florida 33130
Dear Mr. Angueira:
Pursuant to your request, this letter shall serve as my official administrative interpretation
regarding the applicability of the recently adopted Ordinance No. 2006-3514 and the meaning of
the word "structure" as use therein.
The above referenced ordinance modifies Section 142-483 of the Code of the City of Miami
Beach to read 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" (emphasis added).
Section 114-1, of the Code offers the following definition for the word "structure":
"Structure means anything constructed or erected, the use of which requires permanent
location on the ground. Among other things, structures include buildinas or any parts
thereof, walls, fences, parkina aaraaes. parkina lots, signs and screen enclosures"
(emphasis added).
The word "structure" is an all encompassing term that includes all parts of a building. Thus, in
the context of Ordinance 2006-3514, the size of the structure is derived from the sum total of the
areas of every part of the structure.
This is not to be confused with how the Code describes the manner in which a project's Floor
Area Ratio is to be calculated. Section 114-1 provides the following definitions:
"Floor area ratio means the floor area of the building or buildings on any lot divided by
the area of the lot."
"Floor area means the sum of the gross horizontal areas of the floors of a building or
buildings, measured from the exterior faces of exterior walls... However, the floor area of
Alexander Angueira
June 21,2006
Page 2
a building shall not include the following unless otherwise provided for in these land
development regulations....
(5) Floor space used for required accessory off-street parking spaces. However, up
to a maximum of two spaces per residential unit may be provided without being included
in the calculation of the floor area ratio. "
When the Code refers to the size of a structure in the context of the floor area ratio (FAR) it
specifically and consistently uses the term "floor area". For example, Section 118-260(a)(1) of
the Code reads in part:
"... For those lots which are greater than 1 0,000 square feet, the floor area of the proposed
addition may not exceed ten percent of the floor area of the existinq structure or primary lot,
whichever is less, with a maximum total floor area not to exceed 5,000 square feet."
Likewise, Section 118-563(d)(3) uses the same phrase"... the floor area of the proposed
addition may not exceed 20 percent of the floor area of the existino structure..."
Section 130-68(2) also uses the same construct".. .In no instance shall the above described
combined residential and/or commercial space exceed 25 percent of the total floor area of the
structure."
If Ordinance 2006-3514 had used the phrase "floor area", then it would be proper to use the
definition of floor area as found in Section 114-1. However, one can not insert words into the
ordinance that are not there and I must rely on the plain reading of the ordinance. As the word
structure includes all parts of a building, in determining the size of a structure for purposes of
Ordinance 2006-3514 the entire square footage of the development must be taken into account.
As an example, a parking garage as a main use on a lot is not subject to the floor area ratio
prescribed by the underlying zoning district. Instead, the Code provides the following provision
found in Section 130-68(6):
"The volume of such commercial and noncommercial parking garages shall be limited by
the required setbacks and heights described within this section and shall not be subject
to the floor area ratios prescribed for in the underlying zoning district."
Thus, such a structure could have a total area far in excess of what the district's FAR allows and
if such a structure were located in the 1-1 District and was greater than 50,000 square feet, it
would be subject to the Conditional Use review process. Note that this structure would not have
any "floor area" for purposes of determining its FAR.
Please note that this letter is strictly limited to the conclusions set forth above, based upon the
facts and information available as of the date, hereof. Failure to respond to or address any of the
facts, statements or conditions, contained in your correspondence of June 1, 2006 (received in
this office on June 7, 2006), should not be construed as an acknowledgment, confirmation,
agreement or approval, of any kind or manner of such information.
If you feel aggrieved by this decision, you may appeal this administrative interpretation to the
Board of Adjustment pursuant to Section 118-136(a) (1) of the Miami Beach City Code.
Sec. 118-136. Powers and duties.
(a) The board of adjustment shall have the following powers and duties:
\/\le are cOfnnultnd!o IHnvl(ltnq (lxeel/un! pul)lIr. SO(VlrJ' ann .<-:.ale(v tn nil wlJ(11IV'~. wOfK, ;mri nhl)' In (111I vllHanl, fIO/lIC,a', tJls/nur:
rommlJl1/ty
Alexander Angueira
June 21,2006
Page 3
(1) To hear and decide appeals when it is alleged that there is error in any order,
requirement, decision, or determination made by an administrative official in the enforcement of
these land development regulations with the exception of appeals pursuant to section 118-197
and section 118-262. In the event of an administrative appeal to the board of adjustment, the
planning and zoning director may engage the services of an attorney for the purpose of
representing the administrative officer who made the decision that is the subject of the appeal.
In exercising this power, the board of adjustment, may upon appeal, reverse or affirm, wholly or
partly, the order, requirement, decision, or determination, and to that end shall have all the
. powers of the officer from whom the appeal is taken. The concurring vote of four members of the
board shall be necessary to reverse any order, requirement, decision, or determination of any
such administrative official or to decide in favor of the applicant on any matter upon which the
board is required to pass under these land development regulations.
As an alternative to the appeal process described above, you may petition the City Commission
to amend the recently adopted ordinance to be applicable only when the floor area of a
structure, as calculated by the FAR, is 50,000 square feet or over.
If you would like to discuss this issue further, please do not hesitate to contact me at 305-673-
7550. .
Sincere,ly,
,
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Jorge M. Gonzalez, City Manager
Tim Hemstreet, Assistant City Manager
Jose Smith, City Attorney
Gary Held, First Assistant City Attorney
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CITY OF MIAMI BEACH
NOTICE OF AMENDMENT TO THE
LAND DEVELOPMENT REGULATIONS OF THE CITY CODE
NOTICE OF PUBLIC HEARING
THE CITY OF MIAMI BEACH CITY COMMISSION will hold a
public hearing on the following ordinance on WEDNESDAY,
June 7. 2006 at 10:15 a.m. in the City Commission
Chambers, Third Floor, City Hall, 1700 Convention Center
Drive, Miami Beach, Florida 33139, or as soon thereafter
as these matters can be heard.
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AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH
AMENDING CHAPTER 142. IILAND
DEVELOPMENT REGULATIONS," OF THE CITY
CODE. BY AMENDING DIVISION 11. 111_1 LIGHT
INDUSTRIAL' DISTRICT," BY REQUIRING
CONDITIONAL USE APPROVAL FOR NEW
CONSTRUCTION OF STRUCTURES 50,000
SQUARE FEET AND OVER AND THAT THE FIRST
STEP IN THE DEVELOPMENT REVIEW PROCESS
SHALL BE THE CONDITIONAL USE REVIEW BY
THE PLANNING BOARD. PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
co
~
Inquiries may be directed to the Planning Department at
305-673-7550.
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(TIY) five days in
advance to initiate your request. m users may also call 711
(Florida Relay Service).
Adllr2