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2009-3663 OrdinanceORDINANCE NO. 2009-3663 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LANG DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 11, "I-1 URBAN LIGHT INDUSTRIAL DISTRICT," BY AMENDING THE LIST OF PERMITTED, CONDITIONAL AND PROHIBITED USES; AND BY AMENDING SECTION 142-487 "SETBACK REQUIREMENTS;" PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the residents of the Sunset Harbor neighborhood are concerned that uses in the I-1 Urban Light Industrial District may have an adverse impact on their quality of life; and WHEREAS, the Land Use and Development Committee discussed the I-1 Urban Light Industrial district in the context of the Sunset Harbour neighborhood and directed staff to address resident's concerns about incompatible uses by amendments to the existing district regulations; and WHEREAS, Planning Department staff held a community workshop meeting with Sunset Harbour residents, and has crafted a proposed ordinance amendment reflecting the consensus reached with regard to the various uses which would be permitted in the district. WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Chapter 142, "Zoning Districts and Regulations," Division 11, "I-1 Light Industrial District," is hereby amended as follows: DIVISION 11. I-1 LIGHT INDUSTRIAL DISTRICT Sec. 142-481. Purpose. The primary purpose of the I-1 urban light industrial district is to permit light industrial uses that are generally compatible with one another and with adjoining residential or commercial districts. Uses that are compatible and complement light industrial uses, such as a limited range of offices, and commercial uses shall also be permitted. This district shall not include any residential uses, except as provided herein. Sec. 142-482. Main permitted uses The main permitted uses in the I-1 urban light industrial district are those uses that are consistent with the district purpose including the following: (1) Assembly or packaging of goods not utilizing heave machinery. including food and beverage products, small electronics, watches, jewelry, clocks, musical instruments, and products from previously prepared materials (cloth, leather, canvas, rubber, etc.); (2) Light manufacturing, not utilizing heavy machinery, including: ceramic products, glass products, hand tools, and electronic equipment; (3) Professional, business, research or administrative offices, either as a main permitted use or as part of a permitted light_industrial use; (4) Printing, engraving, lithographing, media services and publishing, not utilizing heave machinery; (5) Wholesale businesses and sales, warehouses, mini and other storage buildings, and distribution facilities, except those storing or distributing flammable or explosive materials; (6) Hand car wash services, a~+te ~~ (7) Artisan studios, including but not limited to crafts, furniture, cabinet and wood working shops, glass blowing and similar shops; (8) Plumbing, electrical, air conditioning and other similar type shops, which may wholesale and store parts on site; (9) Tailoring services, including dry cleaning; (10) Main use parking garages and parking lots; (11) Utilities; (12) Landscaping services, including nursery facilities; (13) Commercial uses that provide support services to the light industrial uses and to the adjacent RM-3 residents, including retail sales, photocopying, coffee shop, standard restaurant, video rental, bank; (14) Marine-related uses. {when located adjacent to waterfront areas); and (15) Any use similar and compatible to the uses described in this district and the district purpose as determined by the planning director. 2 Sec. 142-483. Conditional uses. The conditional uses in the I-1 urban light industrial district are; any use that includes the retail sale of gasoline; u automobile service stations; mechanical car wash facilities; auto repair; 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; Developments on properties +~ade-aa-of-~aefe greater than 20.000 sgu~ u machine. welding, and printing shops, involving heavy machinery recycling receiving stations; ,(9~ utilities; L OZ residential uses, including live-work units, when included in rehabilitation of buildings existing as of October 24. 2009: L 1~ ;neighborhood impact establishment; . and, S~ towing services: Lots reviewed pursuant to the conditional use process shall also comply with the following criteria: use. 3 (c) Towing yards must be fully screened from view as seen from any right-of-way or adioining property, when viewed from five feet six (d) Parking spaces, backup areas and drives shall be appropriately dimensioned for the type of vehicles being parked or stored. (e) Towing yards shall be required to satisfy the landscaping chapter 118, article VI. Sec. 142-484. Accessory uses The accessory uses in the I-1 urban light industrial district are as follows: Those uses customarily associated with the district purpose. (See article IV, division 2 of this chapter). Sec. 142-485. Prohibited uses. The prohibited uses in the I-1 urban light industrial district are accessory outdoor bar counters, bars, dance halls, or entertainment establishments (as defined in section 114-1 of this Code) and aN residential uses, except as provided for in Section 142-483(10). Sec. 142-486. Development regulations. There are no lot area, lot width or unit area or unit size requirements in the I-1 light industrial district. The maximum floor area ratio, building height and story requirements are as follows: (1) Maximum floor area ratio is 1.0. (2) Maximum building height is 40 feet. (3) Maximum number of stories is four. Sec. 142-487. Setback requirements. The setback requirements for the I-1 light industrial district are as follows: (1) Front yard: 20 feet when abutting a residential district, otherwise none. (2) Side yard, interior: Ten feet when abutting a residential district, otherwise none. 4 (3) Side yard, facing a street: Ten feet when abutting a residential district. otherwise none. (4) Rear yard: Ten feet when abutting a residential district, otherwise none. 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 following adoption. PASSED and ADOPTED this 14th day of October 2009. Matt~errera Bower MAYOR ATTEST: IA IM~~ , ~CI/1.(~ CI CLERK Robert Parcher First Reading: September 9, 2009 Second Reading: October 14, 2p0! Verified by: Director denotes new language APPROVED AS TO ~ORM AND LANGUAGE ~& FORE E UTION 11 2 09 Attorney. Date T:WGENDA~2009\October 14\Regular\I-1 ordinance FINAL ADOPTED 10-14-09 ORD.doc COMMISSION ITEM SUMMARY Condensed Title: An ordinance amending Chapter 142, "Zoning Districts and Regulations," Division 11, "I-1 Urban Light Industrial District," by amending the list of permitted, conditional and prohibited uses, and the setback re uirements for the I-1 Urban Li ht Industrial zonin district. Ke Intended Outcome Su orted: Increase satisfaction with neighborhood character; quality of life. Supporting Data (Surveys, Environmental Scan, etc 64.1% of residents and 68.2% of businesses said the level of code enforcement and ordinances established by the City of Miami Beach government is "about the right amount." Issue: Should the City Commission adopt the proposed ordinance which would modify the permitted uses in the I-1 Li ht Industrial zonin district to address citizen's concerns re ardin incom atible uses? rcem summaryirtecommen SECOND READING PUBLIC The proposed ordinance changes the permitted and conditional uses in the I-1 Light Industrial zoning district. Several of the more intense light industrial uses that are currently permitted as of right would become conditional uses, subject to Planning Board review. The list of permitted uses is refined to reflect more modern and typical uses. The aggregation of lots resulting in developments on properties greater than 20,000 square feet would now also be subject to conditional use review by the Planning Board. New residential uses could be introduced in the adaptive re-use of existing buildings as a conditional use. The Administration recommends that the City Commission adopt the proposed ordinance. A_ dvisory Board Recommendation: At the June 23, 2009 meeting the Planning Board by a vote of 6-0 (one member absent) recommended adoption of the proposed ordinance. Financial Information: Source of Amount Account Funds: ~ Z 3 OBPI Totat Financial Impact Summary: In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action and determined that the proposed Ordinance can be expected to have little or no fiscal im act, and an im act that is roduced would be ex ected to be ositive. Jorge Gomez or ® MIAlV11 BEACH AGENDAtTEM RST DATE ~'~ ' O m MIAMIBEACH CiTy of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, v+ww.miamibeachfl.gov COMMISSION MEMORANDUM To: Mayor Matti Herrera Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: October 14, 2009 ~ Second Reading Public Hearing SuB1ECT: Proposed Changes to the I-1 Urba ght Industrial District 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 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 11, "I-1 URBAN LIGHT INDUSTRIAL DISTRICT," BY AMENDING THE LIST OF PERMITTED, CONDITIONAL AND PROHIBITED USES; AND BY AMENDING SECTION 142-487 "SETBACK REQUIREMENTS;" PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the ordinance upon second reading public hearing. Several months ago the Land Use and Development Committee discussed the I-1 Urban Light Industrial district in the context of the Sunset Harbour neighborhood. At that time the Committee discussed rezoning of the area, but ultimately decided to address resident's concerns about incompatible uses by amendments to the existing district regulations. To that end, Planning Department staff held a community workshop meeting with Sunset Harbour residents, and has crafted a proposed ordinance amendment reflecting the consensus reached with regard to the various uses which would be permitted in the district. It is this ordinance that is before the City Commission today. ANALYSIS The proposed ordinance would change the permitted and conditional uses in this zoning district. The list of permitted uses has been refined to reflect more modern uses typical in today's Miami Beach environment. Several of the more intense light industrial uses that are currently permitted as of right would now become conditional uses, subject to Planning Board review. Machine shops, auto repair, mechanical car washes and towing City Commission Memorandum Proposed Changes to the I-1 Urban Light Industrial District October 14, 2009 Page 2 yards would all now require Conditional Use approval from the Planning Board. This will ensure that these uses, which have the potential to negatively impact surrounding areas of the neighborhood if not properly controlled, will receive careful review on a case-by- case basis. The ordinance includes criteria to be used by the Planning Board when reviewing towing yards, as these uses should be carefully controlled and their impacts upon the surrounding properties managed. The aggregation of lots resulting in developments on properties greater than 20,000 square feet would now also be subject to conditional use review by the Planning Board, in order to more fully review the effects of larger developments and lot aggregation. Finally, new residential uses could be introduced in the adaptive re-use of existing buildings, as a conditional use. COMMISSION COMMITTEE ACTION At the May 4th, 2009 meeting, the Land Use and Development Committee discussed the proposed ordinance and referred it to the Planning Board for review and comment. PLANNING BOARD ACTION At the June 23, 2009 meeting the Planning Board recommended that the City Commission adopt the proposed ordinance by a vote of 6-0 (one member absent). COMMISSION ACTION At the September 9~', 2009 meeting, the City Commission approved the proposed ordinance on first reading. FISCAL IMPACT In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative action and determined that the proposed Ordinance can be expected to have little or no fiscal impact, and any impact that is produced would be expected to be positive, as the neighborhood-friendly uses which are encouraged by the ordinance tend to be higher value added than typical industrial uses. CONCLUSION The Administration recommends that the City Commission approve the ordinance as it addresses the stated concerns of the neighboring community regarding the future uses within the subject district while also maintaining a viable area for light industrial uses. Attachments T:\AGENDA\2009\October 14\Regularll-1 Ught Industrial DisNct memo.doac I-1 Land Use Study Sunset Harbour, Miami Beach O `SG,I, ~- ~\ 9~ SAO r 9~F rS-4 W 213T ST ~ ~'+ ~ - r -3 \ .a 9~ ~`'' z ~~, M 4 fr rm-3 c -2 r -1 e 3UNSET~HARBOUR OR~ZfITH 3T 19TH St w ~ Q N fn al' A ~ _ ~. `~ -~°-- m ~ .r 01 18TH ST ~y0 p~0 pP 9' 9u o c~ m Sunset Harbor Land Use Residentlal s - Commercial 3 -Industrial j InstiNtional ROS -2 r D ¢ .a ~ Panting V' { N i-n-I ~- po ~ Vacant -a ~ ®Mbced Use Commercial I~ :J -n From: Marilyn Freundlich (mfinefex@bellsouth.netj Sent: Friday, August 28, 2009 10:26 AM To: Gomez, Jorge; Bower, Matti H.; Libbin, Jerry; Lamazares, Mercedes; Lorber, Richard; Diaz, Victor; Wolfson, Jonah; Tobin, Ed; Weithorn, Deede; Gross, Saul Subject: Notice Public Hearing I-1 Light Industrial District Kindly enter this email in the record at this hearing on September 9, 2009. Thank you. Honorable Mayor,Commissioners, Mr. Gomez, Mr. Lorber and Ms. Lamazares: My apologies for not being present at this very important meeting, but my daughter is getting married today, as you read this letter. f guess that is a valid excuse to miss this very important and long-awaited meeting. You all know how hard we have worked with Mr. Gomez and the Planning Department to achieve this zoning amendment. I urge you to pass its first reading today. This is a much-sought improvement for the Sunset Harbour neighborhood and we are sure a catalyst for better development and use of the already existing buildings. Thank you. again for all the time and assistance you have dedicated to our neighborhood. Marilyn Freundlich Gomez. Jorste From: Marilyn Freundlich [mfinefex~bellsouth.net] Sent: Friday, August 28, 2009 10:26 AM To: Gomez, Jorge; Bower, Matti H.; Libbin, Jerry; Lamazares, Mercedes; Lorber, Richard; Diaz, Victor; Wolfson, Jonah; Tobin, Ed; Weithorn, Deede; Gross, Saul Subject: Notice Public Hearing I-1 Light Industrial District Follow Up Flag: Follow up Flag Status: .Flagged Kindly enter this email in the record at this hearing on September 9, 2009. Thank you. Honorable Mayor,Commissioners, Mr. Gomez, Mr. Lorber and Ms. Lamazares: My apologies for not being present at this very important meeting, but my daughter is getting married today, as you read this letter. I guess that is a valid excuse to miss this very important and long-awaited meeting. You all know how hard we have worked with Mr. Gomez and the Planning Department to achieve this zoning amendment. I urge you to pass its fast reading today. This is amuck-sought improvement for the Sunset Harbour neighborhood and we are sure a catalyst for better development and use of the already existing buildings. Thank you again for all the time and assistance you have dedicated to our neighborhood. Marilyn Freundlich 729 Gomez, Jorge From: Nanlieb~aol.com SeM: Sunday, August 30, 2009 10:49 AM To: Gonzalez, Jorge; Gomez, Jorge Subject: Fwd: (no subject) Follow Up Flag: Follow up Flag Status: Flagged FYI FOR DISTRIBUTION From: Nanlieb To: MayorBower@miamibeachfl.gov, saul@miamibeachfl.gov, Jerryti~miamibeachfl.gov, JONAH@MIAMIBEACHFL.GOV, edtobin(ci)ratnertobin.com, DEEDE~MIAMIBEACHFL.GOV, victor~M iamibeachfl.gov Sent: 8/30/2009 10:47:49 A.M. Eastern Daylight Time Subj: (no subject) SEPTEMBER 1, 2009 Honorable Mayor Matti Bower City of Miami Beach Commissioners RE: THE INDUSTRIAL DISTRICT Dear Mayor and Commissioners, I am happy I finally have the opportunity to support the positive zoning changes in the Industrial District. The legislation will enable residential work spaces in the older structures which line the district. This change has been supported by the residential community, the Belle Isle neighborhood and of course, my daughter, son-in-law and grandchild, residents of the area. The residents and interested land owners have worked for the past four years to develop this and other new concepts for the neighborhood. The proposed zoning changes will allow the district to become a better mix in a mixed use area that will now include live/work/loft spaces. The addition of live/work/ loft spaces will make the 730 neighborhood a more vibrant place to live, work, dine and utilize local services - a true urban area and a good model for the utilization of older warehouse buildings. The legislation will not allow for new residential buildings, thus keeping the flavor of a "light industrial" mixed use. I will not be at the meeting as 1 am out of town for the summer. I thank you for all of your support you have offered the district in the past. You know the neighborhood has prospered with your help. I urge you to support the current zoning change that will encourage new uses for the Industrial District and better live-style for the future. Sincerely, Nancy Liebman z 731 THURSQ,0.'{, OCTOBERy3009 1 ~3M6 THE MIAMI ramr era .com m MIA7vTI~ACH CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING I-1 LIGHT INDUSTRIAL DISTRICT NOTaCE IS HEREBY given that a second reading and public hearing 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 Convemion Center Drive, Miami ~ r Beach, Florida, on Wednesday, October, 14, 2009 at 5:05 P.M., To Consider A Proposed Amendment To The Land Development Regulations Of The Code Of The City Of Miami Beach, By Amending Chapter 142, "Zoning Districts Artd Regulations," Division 11, "I-1 Light Industrial District," By Amending The List Of Perrtritted, Conditional And Prohibited Uses; And By Amending Section 142-487 "Setback Requirements." Inquiries may be directed to the Planning Department at (305) 673-7550. "'IiyTERE:STED .PARTIES are invited to appear at this meeting or be represented by an agent or to express their vrews.in writing addressed to the City Commission c% the .City Clerk, 4700 Convention CenterDrive,l" Floor, City Hall, Miami Beach, Florida 33139. This meeting may be opened and continued and undersuch circumstances additional legal notice would not be provided. • Pursuant to Section 286.0105, FL Statutes, 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 Rs 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 doe; not constkute consent by the City forthe 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 eny 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). r Ad ff564