2010-27547 Reso RESOLUTION NO. 2010 -27547
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II,
"DISTRICT REGULATIONS," DIVISION 18, "PS PERFORMANCE
STANDARD DISTRICT," AMENDING SECTION 142 -693 "PERMITTED
USES," BY PERMITTING LOW IMPACT CAR WASHING AND AUTO
DETAILING IN THE CPS -2 DISTRICT, WHEN COMPLETELY
CONTAINED WITHIN A PARKING GARAGE STRUCTURE, AND NOT
VISIBLE FROM THE STREET OR PUBLIC RIGHT -OF -WAY.
WHEREAS, while commercial uses are permitted within the Commercial districts,
the CPS -2 district regulations contain a prohibition for car washes, filling stations and
any use that sells gasoline, automobiles or auto repair, as these uses are treated as
industrial uses for purposes of the redevelopment area and not permitted there; and
WHEREAS, car wash services within the City are limited to the Urban Light
Industrial 1 -1 district, and as accessory uses to existing, and to non - conforming gas
stations when the provision of a generator is part of a renovation; and
WHEREAS, commercial car washes could potentially be permitted in other
Commercial zoning districts if completely enclosed and not outwardly apparent as an
automobile related use; and
WHEREAS, these types of accessory car washes should not cause disruption to
neighboring properties if contained properly; and
WHEREAS, this type of service would be in the best interest of the City and the
general welfare of its residents.
NOW THEREFORE BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading public
hearing shall be held on December 8, 2010 to consider the proposed amendment to the
Land Development Regulations of the City Code.
PASSED and ADOPTED this r Today f J1vepiiber , 2010.
_______
47-" • Xftt7-/A
MAYOR
ATTEST: 0
�4 L a - 'a /t (1,4
CITY CLERK APPROVED AS TO
FORM AND LANGUAGE
o 1p & FOR EXECUTION
�"'ity Attorney Date
T:WGENDA\2010 \November 17 \Consent \1978 - reso set pblc hrg re .doc cep
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, setting a first reading
public hearing to consider amending Chapter 142, "Zoning Districts And Regulations," Article 11 "District
Regulations," Division 18 "PS Performance Standard District," to allow low impact car washing and auto
detailing in the CPS -2 district, when completely contained within a parking garage structure, and not visible
from the street or public right -of -way.
Key Intended Outcome Supported:
Neighborhood satisfaction and Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc Nearly half of all residential respondents, 47.6 %,
suggested the effort put forth by the City to regulate development is "about the right amount."
Issue:
Should the City Commission set the public hearing to consider allowing low impact car washing and auto
detailing in parking structures in the C -PS2?
Item Summary /Recommendation:
SETTING PUBLIC HEARING
Currently, Section 142 -692 of the City Code contains a list of uses permitted in each district within the PS
Performance Standards districts, the area located south of Sixth Street, and from the Atlantic Ocean to
Biscayne Bay, which is analogous to the previously existing redevelopment area. As such, although
commercial uses are permitted within the Commercial districts such as CPS -2, the development
regulations for this zoning district contain a prohibition that car washes, filling stations and any use that
sells gasoline, automobiles or auto repair, as they are considered industrial uses and not permitted in the
redevelopment area.
While there has been strong demand for car wash services within the City, these are limited to the Urban
Light Industrial 1 -1 district, and as accessory uses to existing non- conforming gas stations when part of a
renovation including the provision of a generator. However, while completely enclosed commercial car
washes may be potentially permitted in other Commercial zoning districts, in the case of the C -PS2, even
that possibility does not exist, because of the blanket prohibition on car washes contained in the section.
The Administration recommends that the City Commission set a first reading public hearing for the
December 8, 2010 meeting.
Advisory Board Recommendation:
At the October 26, 2010 meeting, the Planning Board recommended that the City Commission approve
proposed ordinance by a vote of 5 -1 (one member absent).
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon
the resources of the City at this time.
City Clerk's Office Legislative Tracking:
Richard Lorber or Mercy Lamazares
Sign -Offs:
A.
Department Director A sistant City4 nager City Manager
rie- --/-\----- dr ' T:WGENDA\2010 \November 17 \Consent \1978 - • se ol •Ic hrg sum.doc
441
AGENDA ITEM C 7l
MIAMI B EACH
MI. DATE / j�l 7 10
MIAMIBEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the ity Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: November 17, 2010
Setting of Public Hearing
SUBJECT: Allow low impact car washing and detailing in the C -PS2 zoning district.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A FIRST READING
PUBLIC HEARING TO CONSIDER AN AMENDMENT TO CHAPTER
142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II
"DISTRICT REGULATIONS," DIVISION 18 "PS PERFORMANCE
STANDARD DISTRICT," AMENDING SECTION 142 -693 "PERMITTED
USES," BY PERMITTING LOW IMPACT CAR WASHING AND AUTO
DETAILING IN THE CPS -2 DISTRICT, WHEN COMPLETELY CONTAINED
WITHIN A PARKING GARAGE STRUCTURE, AND NOT VISIBLE FROM
THE STREET OR PUBLIC RIGHT -OF -WAY.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a first reading public
hearing for the December 8, 2010 meeting.
BACKGROUND
At the July 29, 2010 meeting, the Land Use and Development Committee discussed a
request made by the City Commission, at its July 14, 2010 meeting, for a possible
amendment to the development regulations of the C -PS2 zoning district that would
permit low impact car washing and detailing within a parking structure,
Historical Background
The South Shore Redevelopment Agency was created in 1973. At that time the agency
prepared a redevelopment plan, "The South Shore Redevelopment Plan," adopted on
March 2, 1977. The Plan called for "predominant clearance of buildings and the
selection of a master developer. In 1982, after failing to select a master developer, the
City abandoned the 1976 Redevelopment Plan and appointed a committee to prepare a
new revitalization strategy for the area.
City Commission Memorandum
File 1978 -low impact car washing and detailing in the C - PS2 zoning district
November 17, 2010 Page 2
..,., „ --, ,rig Ordinance No. 84 -2439,
�� i$ s i _ = �.� '' :. A : * adopted on September 19,
�� �` ' '` + 0 ,# 1984 established the PS
,
m �ia�p Ur a s��
lit't l . v ,"4114';'N'4'''''''' ' Performance Standard
;, ' ' '''''''''' '''''''7'-j. t
$ i t : = ,.p� � District for the South S hore
� x `( ”: ` '. Redevelopment area and the
— Vtli, _ 1' � k develoRedevelopment regulations for
' h v � ' . • , t t 4 x � t
'- !t * - N . . .c C i � -
the distr Ilr! am ft.;;'11:- ,,,,,.;::!:4-,,,,,I,,,,,,,,s;:„.,;,,,,,,,,":y„;01'...11, ; j .', - = t j — . i� Ordinance 89 -2665, known
' _! _ a the Compre
e , a :,. s 6'; so " ;
E - . =; 5o E r I t * T Zoning Ordinance, which
�= F = = � � � became effective on October
��x 1, 1 989 w hich amended
.•,.:',,4tift''...,1**:-I'' Ili PO; 24 1 ' 3 I „ �=f ,Fr Wy previous zoning ord
i 1 :, #' _ . t; # � included a restriction in the
,: 'r ,, girl ' � ti � — -_ � � PS Performance Standard
x °:':: � D for filling stations and
r
�.. ', any use that sells gasoline or
� � ` � � = l �/ '' ",,,e..1,4 �� �� a utomotive or related repair
" '. te ` * 14.11174 RS 6 ' �' av . ; 4 • i ' . •4. M'ic �' S , i "€s r , . : ;°' .� , fi ` 4441
�►„ 4�� � R �� � � r x se uses were
uses T he
1 ! +tea la oa dere
a
cons industrial uses
y
` ° +,. , - ' � �� - 4 R A and not to be ermitted in the
��� r r Redevelopment Area.
4 ,- 7 " k Ordinance 94 -2908 amended
j r
the Comprehensive Zoning
t Ordinance No. 89 -2665.
Among the amendments was
new text clarifying the uses allowed in the PS Performance Standard District by including
in the uses not permitted the sale of automobiles.
It should be noted that long ago, the sale and service of automobiles was a permitted
use in the area. The 5 and Alton project occupies what was the Potamkin dealership
service area. The showroom at the time was across the street to the west.
It should also be noted that the South Redevelopment Area was sunsetted on
September 30, 2005 although the PS P Shore erformance Redevel Standard regulations remain in
place.
ANALYSIS
Currently, Section 142 -692 of the City Code contains a list of uses p , which is analogous Bay list
to the
previously existing redevelopment area. As such, although commercial uses are
permitted within the Commercial districts such as CPS -2, the development regulations
for this zoning district contain a prohibition that car washes, filling stations and any use
that sells gasoline, automobiles or auto repair, as they are considered industrial uses
and not permitted in the redevelopment area.
City Commission Memorandum
File 1978 - low impact car washing and detailing in the C -PS2 zoning district
November 17, 2010 Page 3
While there has been strong demand for car wash services within the City, these are
limited to the Urban Light Industrial 1 -1 district, and as accessory uses to existing non-
conforming gas stations when part of a renovation including the provision of a generator.
However, while completely enclosed commercial car washes may be potentially
permitted in other Commercial zoning districts, in the case of the C -PS2, even that
possibility does not exist, because of the blanket prohibition on car washes contained in
the section.
Staff suggests that the ordinance permit car wash services within parking garage
structures in the CPS -2 district, when such services are completely contained within the
garage and not visible from the street or public right -of -way. These types of accessory
car washes are common in other areas of South Florida and should not cause disruption
to neighboring properties if contained . ro erl
p p Y
PLANNING BOARD ACTION
At the October 26, 2010 meeting, the Planning Board recommended that the City
Commission approve the proposed ordinance by a vote of 5 -1, with one member absent.
CONCLUSION
The Administration recommends that the City Commission set a first reading public
hearing for the December 8, 2010 meeting.
Pursuant to Section 118 -164 (2) of the City Code, when the proposed amendment
changes the actual list of permitted, conditional or prohibited uses within a zoning
category, regardless of the acreage of the area affected, the City Commission shall hold
two advertised public hearings on the proposed ordinance. At least one hearing shall be
held after 5:00 p.m. on a weekday. The first public hearing shall be held at least seven
days after the day that the first advertisement is published. The second public hearing
shall be advertised at least five days prior to the public hearing.
The required advertisements shall be no Tess than two columns wide by ten inches long
in a standard size or tabloid size newspaper, and the headline in the advertisement shall
be in a type no smaller than 18 point. The advertisement shall be in substantially the
following form:
NOTICE OF (TYPE OF) CHANGE
The City of Miami Beach proposes to adopt the following ordinance: (title of ordinance)
A public hearing on the ordinance will be held on (date and time) at (meeting place).
J MGM GG /R`GL /ML
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