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Home My WebLink About2006-3523 Ordinance ORDINANCE NO. 2006-3523 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 118, "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE IX, "NONCONFORMANCES", SECTION 118- 395 TO ADD NEW SUBSECTIONS FOR NONCONFORMING GASOLINE SERVICE STATIONS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, gasoline service stations are a valuable resource to the City of Miami Beach (City), especially in times of emergency such as hurricane season, by providing the required fuel for the safe evacuation of visitors and residents of the City and for emergency electrical power during power outages; WHEREAS, the recent hurricane seasons have severely impacted daily life and the foreseeable forecast calls for more active hurricane seasons; WHEREAS, there are only a limited number of gasoline service stations in the City, many of which are nonconforming uses; and WHEREAS, preservation of nonconforming gasoline service stations is essential to the safety and welfare of the community. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That section 118-395, "Repair and/or rehabilitation of nonconforming buildings and uses", of the Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended by amending subsection 118-395(b) as follows: * * * rl.) Gasoline Service Stations a. Notwithstandinq the foreqoinq ProvIsions. a nonconforminq qasoline service station that provides a qenerator or other suitable equipment that will keep the station operational. and which has been damaqed. repaired or rehabilitated by more than 50 percent of the value of the buildinq as determined by the buildinq official pursuant to the standards set forth in the Florida Buildinq Code may be repaired or rehabilitated. if the followinq conditions are met: 1. The entire buildinq and any new addition shall meet all requirements of the City property maintenance standards, the applicable Florida Buildinq Code and the Life Safety Code. 2. The entire buildinq and any new addition shall comply with the current development requlations in the zoninq district in which the property is located, includinq, but not limited to all landscape requirements. New monument-style siqns shall be required. Pole siqns shall be prohibited. 3. No new floor area may be added if the floor area ratio is presently at maximum or exceeded. b. Necessary repairs to add an emerqency electrical qenerator and related facilities to a nonconforminq qasoline service station shall be permitted. c. A nonconforminq qasoline service station that provides a qenerator or other suitable equipment that will keep the station operational. may add new floor area (other than floor area strictly necessary to house an emerqency electrical qenerator and related facilities), or convert existinq floor area or land, to add new accessory uses, such as a convenience sales area or a car wash, subiect to conditional use approval, notwithstandinq the nonconforminq status of the qasoline service station. 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. This Ordinance is not severable, and if any section, subsection, clause or provision of this Ordinance is held invalid or unconstitutional in a final decision by a court of competent jurisdiction, the entire Ordinance shall be stricken. SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. 2 tr / PASSED and ADOPTED this 12thday of July ATTEST: ~~'s J<<~ CITY CLERK Robert Parcher First Reading: Second Reading Verified by: ,2006. MAYOR APPROVED AS TO FOR NO LANGUAGE OR EXECUTION 7}Z-JOftl Date I -, Underscore de tes new language; Bold indicates 071106 revisions. T:\AGENDA\2006\juI1206\Regular\Nonconforming Gas Stations ADOPTED 071206.doc 3 COMMISSION ITEM SUMMARY Condensed Title: Amendment pertaining to nonconforming gasoline service stations and allowing them to be rehabilitated or renovated when exceeding 50% of the value determination by the building official and re uirin the installation of emer enc enerators at that oint. Ke Intended Outcome Su orted: Increase resident satisfaction with availability of commercial service options. Issue: Should nonconforming gas stations be permitted to renovate or rehabilitate when value determination exceeds the 50% threshold and allow them to meet development regulations existing at the time of the work. Item Summary/Recommendation: The proposed ordinance allows gas stations that provide alternate power sources to renovate facilities even when nonconforming as to location and Conditional Use approval. The ordinance would also allow the renovation of facilities and add new floor area to include other accessory uses if the existing floor area is not at the maximum permitted by Code. The Administration recommends that the Commission adopt the ordinance. Adviso Board Recommendation: At the May 23, 2006 meeting, the Planning Board recommended that the City Commission adopt the proposed ordinance to the City Commission with some modifications that have been incorporated into the ordinance. The Board a roved the motion b a vote of 6-0 1 member absent. Financial Information: Source of Account Approved Funds: 1 D 2 3 4- aBPI ...'[olal 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 s City Manager T: ing gas stations sum 7-12-06.doc m ..... MI IBEACH AGENDA ITEM DATE Rs(,- 7-1 z.-a, m 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 ~ <...... / July 12, 2006 {;,,- () Second Reading Public Hearing Nonconforming Gasoline Service Stations DATE: SUBJECT: 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 118, "ADMINISTRATION AND REVIEW PROCEDURES", ARTICLE IX, "NONCONFORMANCES", SECTION 118-395 TO ADD NEW SUBSECTIONS FOR NONCONFORMING GASOLINE SERVICE STATIONS; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUND The current Land Development Regulations of the City Code permit gas stations and their accessory uses, such as a car wash, as a conditional use in the CD-1 and CD-2 districts only. There are a total of 15 gas stations located within the City of Miami Beach, six of which are located in a district that permits them as a conditional use. The other nine are considered as a legal nonconforming use. At the April 11, 2006 meeting, the City Commission referred this proposed ordinance for a review and recommendation by the Planning Board. ANAL YSIS The recent hurricane seasons have severely impacted daily life and the hurricane season forecast calls for similar activity if not more intense. Because of the limited number of gasoline service stations in the City, and because the operation of gasoline service stations is essential in emergency situations, this ordinance proposes the following amendments: 1. Nonconforming gas stations that provide alternate power sources, and are damaged, repaired or rehabilitated by more than 50% value determination may be repaired or rehabilitated if: Commission Memorandum July 12, 2006 Nonconforming Gasoline Service Stations Page 2 · The entire building meets the requirements of the Florida Building Code and the Life Safety Code; · The entire building and any new addition that may be proposed meets the development regulations for the particular zoning district; · No new floor area may be added if the FAR is at its maximum. 2. Nonconforming gas stations will be able to install emergency generators notwithstanding their non-conforming gas stations. 3. Nonconforming gas station will be able to add new floor area to include convenience stores or car wash if not at its maximum FAR, subject to Conditional Use review and approval. PLANNING BOARD ACTION At the May 23, 2006 meeting, the Planning Board recommended that the City Commission adopt the proposed ordinance with a minor modification that incorporates requiring landscaping and signs as per the existing regulations at the time of renovation or rehabilitation that exceeds 50% of the value determination by the Building Official. The Board approved the motion by a vote of 6-0 (1 member absent). FISCAL IMPACT This proposal has no associated negative fiscal impact upon enactment. CITY COMMISSION ACTION At the June 7, 2006 meeting, the City Commission approved on first reading the proposed ordinance, including some modifications to comply with State Statutes. The Commission also requested amending Section 4, to non-severable. These modifications have been incorporated into the ordinance. CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance. 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/JGG/ML T:\AGENDA\2006~uI1206\Regular\1762 - Nonconforming gas stations 2nd rdg 7-12-06.doc Ir'1 MIAMIBEACH CITY OF MIAMI BEACH ... NOTICE 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, July 12, 2006, to consider the following: 10:20 a.m. An 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) "Yiolation 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 Violation And Providing That A Violation, Instead Of A Written Warning, Shall Be Issued If A Violator 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 UegUlations" 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. :20p.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, 1st 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 I 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). 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