HomeMy WebLinkAbout2006-3518 Ordinance
ORDINANCE NO. 2006-3518
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE
CODE OF THE CITY OF MIAMI BEACH, BY AMENDING
CHAPTER 118, "ADMINISTRATION AND REVIEW
PROCEDURES," ARTICLE IV, "CONDITIONAL USE
PROCEDURE," BY CREATING REVIEW GUIDELINES FOR
NEW STRUCTURES 50,000 SQUARE FEET AND OVER;
PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, at the May 10, 2006 meeting, the City Commission adopted an ordinance
that requires Conditional Use review of structures 50,000 square feet and over in the 1-1, Light
Industrial District; and
WHEREAS, the creation of additional review guidelines criteria is necessary for the
evaluation and analysis of these types of projects on an individual basis; and
WHEREAS, the proposed amendment is necessary to implement the regulations newly
adopted by the City Commission.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Section 118-192, "Review guidelines," is hereby amended as follows:
a. Conditional uses may be approved in accordance with the procedures and standards of
this article provided that:
(1) The use is consistent with the comprehensive plan or neighborhood plan if one
exists for the area in which the property is located.
(2) The intended use or construction will not result in an impact that will exceed the
thresholds for the levels of service as set forth in the comprehensive plan.
(3) Structures and uses associated with the request are consistent with these land
development regulations.
(4) The public health, safety, morals, and general welfare will not be adversely
affected.
(5) Adequate off-street parking facilities will be provided.
(6) Necessary safeguards will be provided for the protection of surrounding property,
persons, and neighborhood values.
(7) The concentration of similar types 'of uses will not create a negative impact on
the surrounding neighborhood. Geographic concentration of similar types of
conditional uses should be discouraged.
!1. In reviewinq an application for Conditional use for new structures 50.000 square feet
and over. the Planninq Board shall apply the followinq supplemental review quidelines
criteria in addition to the standard review quidelines listed in subsection a. above:
(1) Whether the proposed business operations plan has been provided. includinq
hours of operation. number of employees. qoals of business. and other
operational characteristics pertinent to the application. and that such plan is
compatible with the neighborhood in which it is located.
(2) Whether a plan for the mass delivery of merchandise has been provided.
includinq the hours of operation for delivery trucks to come into and exit from the
neiqhborhood and how such plan will mitiqate any adverse impacts to adioininq
and nearby properties. and neiqhborhood.
(3) Whether the scale of the proposed use is compatible with the urban character of
the surroundinq area and create adverse impacts on the surroundina area. and
how the adverse impacts are proposed to be addressed.
(4) Whether the proposed parking plan has been provided. including where and how
the parkinq is located. utilized. and manaqed. that meets the required parkinq
and operational needs of the structure and proposed uses.
(5) Whether an indoor and outdoor customer circulation plan has been provided that
facilitates inqress and eqress to the site and structure.
(6) Whether a security plan for the establishment and supportinq parkinq facility has
been provided that addresses the safety of the business and its users and
minimizes impacts on the neiqhborhood.
(7) Whether a traffic circulation analysis and plan has been provided that details
means of inqress and eqress into and out of the neighborhood. addresses the
impact of proiected traffic on the immediate neiqhborhood. traffic circulation
pattern for the neiqhborhood. traffic flow throuqh immediate intersections and
arterials, and how these impacts are to be mitiqated.
(8) Whether a noise attenuation plan has been provided that addresses how noise
will be controlled in the loading zone. parkinq structures and delivery and
sanitation areas. to minimize adverse impacts to adioininq and nearby properties.
(9) Whether a sanitation plan has been provided that addresses on-site facilities as
well as off-premises issues resultinq from the operation of the structure.
(10) Whether the proximity of the proposed structure to similar size structures and to
residential uses creates adverse impacts and how such impacts are mitigated.
(11) Whether a cumulative effect from the proposed structure with adiacent and
nearby structures arises, and how such cumulative effect will be addressed.
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 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, as amended. 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 following adoption.
PASSED and ADOPTED this12th day of July
MAYOR
ATTEST:
~~' S ;t~
r CITY CLERK Robert Parcher
First Reading:
Second Reading:
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
7/~J.v
Date
Verified by:
Underscore denotes new language
F:\PLAN\$PLB\draft ordinances\1765 - Review criteria for 50,000 sqft CU\Proposed ord rev 6-7-06 by CC.doc
COMMISSION ITEM SUMMARY
Condensed Title:
Amendment pertaining to creating supplemental criteria for the Planning Board review of structures
50,000 s . ft. and over.
Ke Intended Outcome Su orted:
Increase satisfaction with neighborhood character.
Issue:
Creating supplemental criteria for the Conditional Use review by the Planning Board of new structures
50,000 s . ft. and over. The ro osed ordinance creates criteria for such reviews.
Item Summary/Recommendation:
The proposed ordinance creates the supplemental criteria necessary for the Planning Board review
of stmctures 50,000 sq. ft. and over, including but not limited to proposed business operation,
parking, traffic circulation analysis detailing ingress and egress out of the neighborhood and traffic
circulation pattern within the neighborhood, noise control in the loading zone, parking structures and
delivery and sanitation areas, among others.
The Administration recommends that the Commission adopt the ordinance as modified by the
Commission on June 7, 2006.
Adviso Board Recommendation:
At the May 23,2006 meeting, the Planning Board recommended that the City Commission adopt the
proposed ordinance. The Board approved the motion by a vote of 5-1 (one vote against, one
member absent.
Financial Information:
Source of A.................... Approved
....
Funds: 1
D 2
3
4
aSPI Total
Financial Impact Summary:
This proposal will have a minimal fiscal impact upon enactment. This ordinance will create additional work
for the Planning Department. It is anticipated that the Department will be able to absorb the additional
workload with current resources.
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
n-Offs:
epartment Director
City Manager
m.
....
MI
IBEACH
AGENDA ITEM
DATE
RSB
7-/;). -()ro
m
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 d"'-"'-- ~
July 12, 2006 {5
Second ReadinQ Public HearinQ
TO:
DATE:
SUBJECT: Supplemental Conditional review criteria for large structures
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CODE OF THE
CITY OF MIAMI BEACH, BY AMENDING CHAPTER 118,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV,
"CONDITIONAL USE PROCEDURE," BY CREATING REVIEW
GUIDELINES FOR NEW STRUCTURES 50,000 SQUARE FEET AND
OVER; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the Commission adopt the ordinance as modified
by the Commission on June 7, 2006.
BACKGROUND.
At the April 11 , 2006 City Commission meeting, upon the approval at first reading public
hearing of an ordinance that requires that new structures 50,000 square feet and over in
the 1-1, Light Industrial District, the City Commission referred to the Planning Board the
issue of creating additional review criteria; these are necessary for the evaluation and
analysis of these types of projects on an individual basis. The Commission specifically
requested that the review of the impact of traffic within the neighborhood, as well as
cumulative effects with other existing uses, as well as other appropriate criteria, be part
of the list of any new criteria that may be created.
ANAL YSIS
The Land Development Regulations of the City Code, Section 118-192, consists of
review guidelines by which Conditional Uses may be approved in accordance with the
procedures and standards as follows:
1. The use is consistent with the comprehensive plan or neighborhood plan if one
exists for the area in which the property is located.
Commission Memorandum
July 12, 2006
Review criteria for structure 50,000 sq. ft. and over.
Page 2
2. The intended use or construction will not result in an impact that will exceed the
thresholds for the levels of service as set forth in the comprehensive plan.
3. Structures and uses associated with the request are consistent with these land
development regulations.
4. The public health, safety, morals, and general welfare will not be adversely
affected.
5. Adequate off-street parking facilities will be provided.
6. Necessary safeguards will be provided for the protection of surrounding property,
persons, and neighborhood values.
7. The concentration of similar types of uses will not create a negative impact on
the surrounding neighborhood. Geographic concentration of similar types of
conditional uses should be discouraged.
The proposed ordinance consists of eleven supplemental criteria that would be applied
to each individual project in addition to the regular Conditional Use criteria, similar to a
process that is used when reviewing Neighborhood Impact establishment, which
analyses more in depth the impact of such a project. At June 7, 2006 City Commission
meeting, a small modification was made to criterion #3; this modification is reflected in
the list below.
In reviewing an application for Conditional use for new structures 50,000 square feet and
over, the Planning Board shall apply the following supplemental review guidelines
criteria in addition to the standard review guidelines criteria 1-7 listed above.
(1) Whether the proposed business operations plan has been provided, including
hours of operation, number of employees, goals of business, and other
operational characteristics pertinent to the application, and that such plan is
compatible with the neighborhood in which it is located.
(2) Whether a plan for the mass delivery of merchandise has been provided,
including the hours of operation for delivery trucks to come into and exit from the
neighborhood and how such plan will mitigate any adverse impacts to adjoining
and nearby properties, and neighborhood.
(3) Whether the scale of the proposed use is compatible with the urban character of
the surroundinq area and creates adverse imoacts on the surroundina area. and
how the adverse imoacts are proposed to be addressed.
(This criterion was modified at the June 7, 2006 Commission meeting; the double
underline reflects the modification.)
(4) Whether the proposed parking plan has been provided, including where and how
the parking is located, utilized, and managed, that meets the required parking
and operational needs of the structure and proposed uses.
Commission Memorandum
July 12, 2006
Review criteria for structure 50,000 sq. ft. and over.
Page 3
(5) Whether an indoor and outdoor customer circulation plan has been provided that
facilitates ingress and egress to the site and structure.
(6) Whether a security plan for the establishment and supporting parking facility has
been provided that addresses the safety of the business and its users and
minimizes impacts on the neighborhood.
(7) Whether a traffic circulation analysis and plan has been provided that details
means of ingress and egress into and out of the neighborhood, addresses the
impact of projected traffic on the immediate neighborhood, traffic circulation
pattern for the neighborhood, traffic flow through immediate intersections and
arterials, and how these impacts are to be mitigated.
(8) Whether a noise attenuation plan has been provided that addresses how noise
will be controlled in the loading zone, parking structures and delivery and
sanitation areas, to minimize adverse impacts to adjoining and nearby properties.
(9) Whether a sanitation plan has been provided that addresses on-site facilities as
well as off-premises issues resulting from the operation of the structure.
(10) Whether the proximity of the proposed structure to similar size structures and to
residential uses creates adverse impacts and how such impacts are mitigated.
(11) Whether a cumulative effect from the proposed structure with adjacent and
nearby structures arises, and how such cumulative effect will be addressed.
PLANNING BOARD ACTION
At the May 23, 2006 meeting, the Planning Board recommended that the City
Commission adopt the proposed ordinance including some modifications which have
been incorporated into the proposed amendment. The Board approved the motion by a
vote of 5-1 (one vote against, one member absent).
CITY COMMISSION ACTION
At the June 7, 2006 meeting, the City Commission approved the proposed ordinance on
first reading modifying criterion #3 slightly. This modification is reflected in the
ordinance.
FISCAL IMPACT
This proposal will have a minimal fiscal impact upon enactment, although this ordinance
will create additional work for the Planning Department. It is anticipated that the
Department will be able to absorb the additional workload with current resources.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance as modified on first reading.
Commission Memorandum
July 12, 2006
Review criteria for structure 50,000 sq. ft. and over.
Page 4
Pursuant to Section 118-164(3) of the City Code, when a 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 once in the newspaper. 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/JLL
T:\AGENDA\2006~uI1206\Regular\1765 - review criteria for structures 50,000 sqft rev. doc
ce MIAMIBEACH NO~~g:~U~~B~J:ING
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, July 12, 2006, to
consider the following:
10:20 a.m.
n Ordinance Amending The Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And Review Procedures,"
. Article IV, "Conditional Use Procedure," By Creating Review Guidelines For New Structures 50,000 Square Feet And Over.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:40 a.m.
An Ordinance Amending Ordinance No.789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing
For The Classifications In Group V, Being Those Classifications Covered By The Government Supervisors Association Of Florida, Opieu
Local 100, (GSAF), In Accordance With The Negotiated Agreement; Retroactively Effective In The First Pay Period Ending In October Of
2003, There Shall Be An Across The Board Wage Increase Of One Half Percent (.5%), And The Minimum And Maximum Of Each Pay
Range Will Also Be Increased By One Half Percent (.5%); Retroactively Effective With The First Pay Period Ending In October Of 2004,
There Shall Be An Across The Board Wage Increase Of One Half Percent (.5%), And The Minimum And The Maximum Of Each Pay Range
Will Also Be Increased By One Half Percent (.5%); Retroactively Effective In The First Pay Period Ending In October 2005, There Shall Be
An Across The Board Wage Increase Of One Percent (1 %), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased
By One Percent (1 %); Amending The Minimum And Maximum Of The Pay Ranges To Reflect The Present Classification And Pay System
Applicable To The Unclassified Classifications; Repealing All Ordinances In Conflict.
Inquiries may be directed to the Human Resources Department at (305) 673-7520.
10:45 a.m.
An Ordinance Amending Chapter 46 Of The City Code, Entitled "Environment," By Amending Article IV, Entitled "Noise," By Amending
Section 46-156, Entitled "Temporary Permits," By Amending The Procedures And Requirements For Construction Activities And Providing
Exceptions Thereto, Prohibiting Construction Noise On Sundays And National Holidays In All Non-Residential Zoning Districts, Except
Under Certain Circumstances And As Authorized By The Building Official, Prohibiting Construction Noise In Residential Zoning Districts,
Before 10:00 A.M. And After 4:00 P.M. On Sundays And National Holidays And Prohibiting Construction Noise Between 10:00 A.M. And
4:00 P.M. On Sundays And National Holidays, Providing Provisions For The Revocation Of Temporary Permits, And Providing Subheading
Titles To Be Entitled (A) "Requirements And Procedures," (B) "Violation Of Temporary Permits" And (C) "Revocation Of Temporary
Permits;"Amending Section 46-158, Entitled "Enforcement By Code Inspectors; Notice Of Violation, Warnings" By Amending Subsection
(A) To Clarify The Notice Of Yiolation Provisions, Amending Subsection (B)(2) To Provide Clarification As To The Number Of Written
Warnings In All Zoning Districts Except Single Family Zoning Districts; Providing For One Written Warning In Single Family Zoning Districts
Prior To A Notice Of Yiolation And Providing That A Yiolation, Instead Of A Written Warning, Shall Be Issued If A Yiolator Is Also Being
Cited For An Illegal Commercial Or Non-Permitted, Non-Residential Use In A Residential Zoning District; Amending Section 46-159
Entitled "Fines And Penalties For Violation; Appeals; Alternate Means Of Enforcement,"By Providing Fines And Penalties For Any Offense
Which Was Committed While The Violator Was Also Engaged In An Illegal Commercial Or Non-Permitted, Non-Residential Use In A
Residential Zoning District.
Inquiries may be directed to the City Manager's Office at (305) 673-7010.
2:00 p.m.
An Ordinance Amending Chapter 118, Of The City Code Entitled, "Administration And Review Procedures," By Amending Division 2,
"Planning Board,"Section 118-51, "Powers And Duties," By Including Criteria For The Review Of The Sale, Exchange, Conveyance Or
Lease Of Ten Years Or Longer Of Such City Property, As Provided In City Charter, Section 1.03(B)3.
Inquiries may be directed to the Planning Department at (305) 673-7550.
2:10 p.m.
An Ordinance Amending The Land Development Regulations Of The City Code, By Amending Chapter 142, "Zoning Districts And
Regulations" Article II, "District Regulations" Division 18, "PS Performance Standard District," Amending Section 142-696 "Residential
Performance Standard Area Requirements," By Amending The Maximum Building Height In The R-PS4 Zoning District; Amending Section
142-697 "Setback Requirements In The R-PS1, 2, 3, 4 Districts," To Provide For Additions To Follow The Existing Building Line And
Modifying The Tower Setbacks.
Inquiries may be directed to the Planning Department at (305) 673-7550.
2:20 p.m.
An Ordinance Amending The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 118,
"Administration And Review Procedures,"Article IX, "Nonconformances," Section 118-395 To Add New Subsections For Nonconforming
Gasoline Service Stations.
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. 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, City 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.
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 #378
Z1
8
N
u;
N
UJ
Z
~
,.:-
<t
o
z
::>
V>
Cl
....
c
'"
...
:z:
i:
c
E
...
i!!:
E
o
u
ti
~
'"
:I:
E
..
'f
(lJ
~