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2001-24561 RESO RESOLUTION NO. 2001-24561 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO CONSIDER PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 11 "1-1 LIGHT INDUSTRIAL DISTRICT," BY AMENDING SECTION 142-481 "PURPOSE," BY INCLUDING OFFICES; SECTION 142-482, BY AMENDING SECTION 142- 484(2), "ACCESSORY USES," BY ELIMINATING ACCESSORY OUTDOOR BAR COUNTERS AS AN ACCESSORY USE IN THE 1-1 DISTRICT; BY AMENDING "SECTION 142-485 "PROHIBITED USES," TO INCLUDE BARS, DANCE HALLS OR ENTERTAINMENT ESTABLISHMENTS NOT ALSO OPERATING AS RESTAURANTS AS PROHIBITED USES IN THE 1-1 DISTRICT; BY AMENDING DIVISION 5. "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 142-302 "MAIN PERMITTED USES" BY CREATING AN OVERLAY DISTRICT IN THE PURDY A VENUEIDADE BOULEVARD AREA PROHIBITING BARS, DANCE HALLS OR ENTERTAINMENT ESTABLISHMENTS NOT ALSO OPERATING AS RESTAURANTS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, amending Division 11, "1-1 Light Industrial District" is a utilitarian district and including offices as a main permitted use is a use compatible with the district purpose; and WHEREAS, amending the accessory and prohibited uses in the "1-1 Light Industrial District"would be consistent with the public health, safety and welfare; and WHEREAS, amending the main permitted uses in the "CD-2 Commercial, Medium Intensity District" thereby creating an overlay district surrounding the "1-1 Light Industrial District" would provide consistency in this neighborhood without creating any significant negative impacts on the surrounding neighborhood; and WHEREAS, to enable the City Commission to hold a public hearing on the proposed amendments in a timely manner at its September 20,2001 meeting, the Administration is requesting that the public hearings be set at this time; NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to consider the changes to the 1-1, Light Industrial district development regulations of the Code of the consider the changes to the 1-1, Light Industrial district development regulations of the Code of the City of Miami Beach, as described above, is hereby scheduled on September 20, 2001 in the City Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and the City Clerk is hereby authorized and directed to publish and distribute the appropriate public notice of the public hearings at which time all interested parties will be heard. PASSED and ADOPTED this ~ day of September , 2001. ATTEST: ~OR ~~ ~ eu-rlv-- CITY CLERK APPROVED AS TO FORM AND LANGUAGE AND FOR EXECUTION 4tI%PAA City Attorney - ~;;JI J;/ Date F:\PLAN\$PLBIJUL Yl200111518AMNDI1518RESO. WPD CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 http:\\ci.miami-beach.f1.us COMMISSION MEMORANDUM FROM: Mayor Neisen O. Kasdin and Members of the City Commission Jorge M. Gonzalez ~ . A ~ City Manager () (VV' 0 DATE: September 5, 2001 TO: SUBJECT: Setting of Public Hearings - Revisions to the Industrial District and CD-2 Commercial District permitted uses. A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO CONSIDER PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 11 "1-1 LIGHT INDUSTRIAL DISTRICT," BY AMENDING SECTION 142-481 "PURPOSE," BY INCLUDING OFFICES; SECTION 142-482, BY AMENDING SECTION 142-484(2), "ACCESSORY USES," BY ELIMINATING ACCESSORY OUTDOOR BAR COUNTERS AS AN ACCESSORY USE IN THE 1-1 DISTRICT; BY AMENDING "SECTION 142-485 "PROHIBITED USES," TO INCLUDE BARS, DANCE HALLS OR ENTERTAINMENT ESTABLISHMENTS NOT ALSO OPERATING AS RESTAURANTS AS PROHIBITED USES IN THE 1-1 DISTRICT; BY AMENDING DIVISION 5. "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," SECTION 142-302 "MAIN PERMITTED USES" BY CREATING AN OVERLAY DISTRICT IN THE PURDY A VENUEIDADE BOULEVARD AREA PROHIBITING BARS, DANCE HALLS OR ENTERTAINMENT ESTABLISHMENTS NOT ALSO OPERATING AS RESTAURANTS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission set the required public hearings for a time certain on September 20,2001 for this proposed amendment to the Industrial District and CD-2 Commercial District regulations ofthe Code of the City of Miami Beach. AGENDA ITEM C7;J 9-S-0( DATE Commission Memorandum September 2001 Setting Public Hearingsfor Industrial and CD-2 Commercial District Page 2 ANALYSIS (continued) The proposed amendments to the 1-1 "Light Industrial District" and the overlay of the CD-2 "Commercial, Medium Intensity" district in the Purdy A venue/Dade Boulevard area of the City stem from a referral by the City Commission requesting that the Planning Board review and make a recommendation on these amendments. Specifically, the following is noted with regard to each pertinent section of the code: 1. Section 142-481 "Purpose" The amendment to this section would include offices as part of the district purpose which currently is characterized by storage, processing, wholesaling, motor vehicle repairs and towing services. The new Publix Supermarket is also located in this district, fronting on 20th Street, Bay Road and West Avenue. The City of Miami Beach has a very limited industrial zoning district - a two-block area north of Dade Boulevard and west of Alton Road, and a very limited area off the MacArthur Causeway. Staff is concerned that to allow offices as a main use in this zoning district would place a strain in the district by effectively limiting the areas where the light industrial activities of the district could occur - activities that are necessary and support the functionality of any community. Furthermore, office use, as a main permitted use is allowed in any of the commercial and the RO, Residential Office zoning districts already in existence throughout the city. 2. Section 142-484(2), "Accessory Uses," By amending this section as proposed, outdoor bar counters, which are allowed as an accessory use, would be eliminated. Staff believes that this amendment would make the industrial area more compatible with the district purpose. 3. Section 142-485 "Prohibited Uses," The purpose of this proposed amendment is to prohibit bars, dance halls and entertainment establishments within the industrial district. Staffbelieves that this amendment would make the industrial area more compatible with the district purpose. Any existing bars, dance halls or entertainment establishments would become legal, non-conforming uses. 4. Division 5. "CD-2 Commercial, Medium Intensity District," Section 142-302 "Main Permitted Uses." The amendment proposed for this section was also a request from the City Commission and stemmed from the numerous complaints received from the residents of the RM-3 district (Sunset Harbor) which lies west of this commercial district. The amendment would prohibit bars, dance halls or entertainment establishments as main permitted uses in this overlay district, but would allow restaurants, such as Joe Allen's, which have full kitchens and serve full meals, and have alcoholic beverage licenses. Staff believes that this amendment would make the area of this commercial district more compatible with the surrounding area. As Commission Memorandum September 2001 Setting Public Hearingsfor Industrial and CD-2 Commercial District Page 3 ANALYSIS (continued) stated above, any existing bars, dance halls or entertainment establishments would become legal, non-conforming uses. The subject amendments require two advertised public hearings on the proposed ordinance, with at least one hearing held after 5 :00 p.m. The public notice shall be advertised at least 7 days before the first hearing date; the second notice shall be advertised at least 5 days prior the second public hearing. To enable the City Commission to hold a public hearing on the proposed amendment in a timely manner at its September 20, 200 I meeting, the Administration is requesting that the public hearings be set at this time. Based on the foregoing, the Administration recommends that the City Commission set the required first public hearing regarding the proposed amendment to the Industrial district regulations of the City Code as referenced above and more particularly as set forth in the attached resolution, for September 20, 2001. JMG\C'fXC\m;;L attachments F:IPLAN\$PLBIAUG\2001 \1519SIGNlCCSETHRl. WPD