2011-3714 Ordinance ORDINANCE NO.!
2011 -3714
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY
AMENDING CHAPTER 114 OF THE CITY CODE, "ZONING DISTRICTS
AND REGULATIONS," SECTION 114 -1, "DEFINITIONS," DEFINING
"RELIGIOUS INSTITUTION "; AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE 111, gy "OVERLAY
DISTRICTS," CREATING DIVISION 8, "40TH STREET OVERLAY,"
AND BY ADDING SECTIONS 142 -858 "LOCATION AND PURPOSE,"
142 -859 "COMPLIANCE WITH REGULATIONS," REQUIRING
CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS IN
THE 40 TH STREET OVERLAY DISTRICT, AND 142 -860 "OFF- STREET
PARKING REGULATIONS;" AND AMENDING ARTICLE 11, "DISTRICT
REGULATIONS," DIVISION 2 "RS -1, RS -2, RS -3, RS -4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS," SECTION 142 -103
"CONDITIONAL USES," TO ADD RELIGIOUS INSTITUTIONS AS A
CONDITIONAL USE FOR PROPERTIES IN THE 40 TH STREET
OVERLAY DISTRICT; AND AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4
"SUPPLEMENTARY YARD REGULATIONS," SECTION 142- 1131(d)
"GENERALLY," TO EXEMPT PROPERTIES IN THE 40 TH STREET
OVERLAY DISTRICT FROM ADDITIONAL 50 FEET MINIMUM SIDE
YARD REQUIREMENT FOR PUBLIC AND SEMI - PUBLIC BUILDINGS;
AND AMENDING CHAPTER 118 OF THE CITY CODE,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV,
"CONDITIONAL USE PROCEDURES," SECTION 118 -192, "REVIEW
GUIDELINES," TO ADD REVIEW CRITERIA FOR RELIGIOUS
INSTITUTIONS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach ( "City ") acknowledges the desire of
neighborhood residents to allow religious institutions, in addition to the presently
permitted single- family residential uses, at the parcels located on the south side of 40th
Street between Chase Avenue and Pine Tree Drive, more particularly described in the
sketch attached as Exhibit "A" hereto, and referred to herein as "40th Street Overlay ";
and
WHEREAS, the City, while acknowledging such desire for religious institutions,
desires to protect the single- family residential character of the neighborhood south of
40 Street; and
WHEREAS, the City, while respecting persons' First Amendment rights under the
Constitution of the United States, to pray in their homes, along with others, desires to
maintain reasonable limitations its restrictions against assembly uses generally
throughout single - family residential neighborhoods, and thus legally maintain limitations
against formal religious institutions and other assembly uses in such single-family
g Y
neighborhoods; and
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WHEREAS, the City recognizes that the commercial character of the properties
on the north side of 40 Street between the Biscayne Waterway west of Chase Avenue
and Pine Tree Drive has changed the character of the single family homes on the
corresponding south side of 40 Street; and
WHEREAS, the City recognizes that some homes on the south side of 40 Street
have been used for 25 years or more for religious purposes and are unlikely to be used
exclusively for single- family purposes, and therefore finds it reasonable to improve and
expand these homes on the south side of 40 Street for religious purposes, in a manner
consistent with the development pattern of the abutting single family neighborhood; and
WHEREAS, the City recognizes that religious institutions may adversely impact
the surrounding residential uses, and as a result, the proposed ordinance will allow
homes located in this specified area to apply for conditional use approval from the
Planning Board for the continued use and expansion as religious institutions, in a
manner designed to mitigate adverse impacts on the abutting single family
neighborhood; and
WHEREAS, the City recognizes the pedestrian character of the residential
neighborhood in the vicinity of 40th Street and between the Biscayne Waterway west of
Chase Avenue and Pine Tree Drive; and
WHEREAS, the City recognizes that such pedestrian character allows the use of
homes as religious institutions to have reduced _ parking requirements to accommodate
the needs of residents in the area for religious prayer and activity in improved and
expanded structures;
WHEREAS, the City desires to afford its citizens and visitors their full rights of
religious freedom afforded under applicable law, including the First Amendment to the
Constitution of the United States, the federal Religious Land Use and Institutionalized
Persons Act (RLUIPA), and the Florida Religious Freedom Restoration Act (RFRA), and
adopts this ordinance to ensure those rights, while protecting its residents in single-
family residential areas from the adverse impacts the exercise of such rights might
cause; and
WHEREAS, case law applicable to the governmental permitting of religious
institutions allows review by public hearing processes, but requires that such review be
in accordance with objective criteria, and thus the conditional use review criteria are
amended to ensure compliance with such requirement; and
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. Chapter 114 of the City Code, "Zoning Districts and Regulations," Section
114 -1, "Definitions," is hereby amended as follows:
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114 -1, "Definitions," is hereby amended as follows:
Religious institution means a use where an establishment, organization or association
conducts religious prayer or activity that is open to members and /or the general public,
and may be accompanied by accessory uses customarily associated with religious
institutions such as but not limited to education classes, youth centers, day care, offices,
and rooms for licensed catering of life cycle or other gatherings or celebrations (e.g.,
weddings, confirmations, and coming -of -age events). A group privately assembling for
worship, prayer or religious service in a private home or dwelling in which at least one
member of the group resides, is not a religious institution, even if life cycle rituals are
included in the service, including weddings, confirmations, and coming -of -age (such as
bar or bat - mitzvah) observances and meals accompany the service.
SECTION 2. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article
III, "Overlay Districts," Division 8 "40th Street Overlay" is hereby created as follows:
DIVISION 8. 40TH STREET OVERLAY
Section 142 -858. Location and purpose.
The overlay regulations of this division shall apply to the properties, as they are
configured as of January 1, 2010, with lot lines adjacent to the south right -of -way line of
40th Street between Chase Avenue to the west and Pine Tree Drive to the east.
The purpose of this overlay district is to provide pedestrian - friendly religious institutional
uses through the conditional use permit process at the properties to serve the
surrounding residential uses. Expansion of the district shall only be permitted by
amendment to these regulations.
Section 142 -859. Compliance with regulations.
The following overlay regulations shall apply within the 40th Street Overlay District. All
development regulations in the underlying zoning district shall apply, except as follows:
L Religious institutions, in existing rehabilitated structures or new construction,
shall be conditional uses, subject to the regulations in Chapter 118,
"Administration and Review Procedures," Article IV, "Conditional Use Procedure."
L All new construction or additions to existing structures shall be compatible with
the scale of the surrounding residential neighborhood and shall be designed to
maintain a residential character.
LQ. Permits for new construction, alterations or additions to existing structures shall
be subiect to design review by the planning director or designee.
Section 142 -860. Off- Street Parking Regulations.
Li For religious institutions in the 40th Street Overlay District, the following off - street
parking regulations shall apply:
L_11 For adaptive reuse of existing buildings, including expansions or additions
thereto Tess than fifty per cent of the size of the existing structure, there
shall be no parking requirement provided that there is one or more public
parking lot(s) and /or garage(s) within 500 feet of the subject property.
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Existing required parking spaces on site shall remain or be replaced on
site.
IQ For new construction, and expansions or additions of more than fifty per
cent of the size of an existing structure, the parking requirement shall be
the same as for a single- family detached dwelling pursuant to Chapter
130 of the City Code, entitled "Off- Street Parking," Article 11, "Districts;
Requirements," provided that there is one or more public parking lot(s)
and /or garage(s) within 500 feet of the subiect property.
SECTION 3. Chapter 142 of the City Code, "Zoning Districts and Regulations," Article 11,
"District Regulations," Division 2 "RS -1, RS -2, RS -3, RS -4 Single- Family Residential
Districts," is hereby modified as follows:
Section 142 -103. Conditional Uses.
L Conditional uses in the RS -1, RS -2, RS -3, RS -4 single - family residential districts
include the following:
L11 an at -grade parking lot in the RS -4 district when located immediately
adjacent, without a gap due to alley, road, waterway or any other cause,
to a CD -3 district. See subsection 142- 105(c).
21 Religious institutions for those properties located in the 40th Street
Overlay. See Chapter 142, "Zoning Districts and Regulations," Article III,
"Overlay Districts," Division 8 "40th Street Overlay."
SECTION 4. Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
Article IV, "Supplementary District Regulations," Division 4 "Supplementary Yard
Regulations," is hereby modified as follows:
Section 142- 1131. Generally.
* *
(d) Minimum side yards, public and semi- public buildings. The minimum depth of
interior side yards for schools, libraries, religious institutions, and other public
buildings and private structures which are publicly used for meetings in
residential districts shall be 50 feet, except where a side yard is adjacent to a
business district, a public street, bay, erosion control line or golf course, and
except for properties that have received conditional use approval as a religious
institution located in the 40th Street Overlay, in which cases the depth of that
yard shall be as required for the district in which the building is located. In all
other cases, the side yard facing a street shall be the same as that which is
required for the district in which the lot is located.
SECTION 5. Chapter 118 of the City Code, "Administration and Review Procedures,"
Article IV, "Conditional Use Procedures," Section 118 -192, "Review Guidelines," is
hereby modified as follows:
Sec. 118 -192. Review guidelines.
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(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 g ypes of
conditional uses should be discouraged.
(b) 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 listed in j
subsection a. 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 surrounding area and creates adverse impacts on the surrounding 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 parking is located, utilized, and managed, that meets the required parking
and operational needs of the structure and proposed uses.
(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.
Whether a noise attenuation plan has been (8 ) p bee 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.
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(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.
(c) In reviewing an application for a religious institution, the planning board shall
apply the following review criteria instead of the standard review guidelines listed
in subsection a. above:
(1) Whether a proposed operations plan has been provided, including hours of
operation, number of employees, and other operational characteristics pertinent
to the application, and that such plan will mitigate any adverse impacts to
adjoining and nearby properties, and neighborhood
(2) Whether a plan for the delivery of supplies 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 design of the proposed structure is permitted by the regulations in
the zoning district in which the property is located, and complies with the
regulations of an overlay district, if applicable.
(4) Whether a proposed parking plan has been provided, including where and how
the arkin is located utilized, and managed, that meets g ge , t eets the required parking for
the use in the zoning district in which the property is located.
(5) Whether an indoor and outdoor congregant/parishioner 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, if
any, has been provided that addresses the safety of the institution 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 and around the institution, parking structures or areas, 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 adjacent and nearby
residential uses creates adverse impacts and how such impacts are to be
mitigated.
(11) Whether a cumulative effect from the proposed structure with adjacent and
nearby structures arises, and how such cumulative effect will be addressed.
SECTION 6. 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 7. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
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SECTION 8. CODIFICATION.
It is the intention of the City Commission that this Ordinance be entered into the Code,
and it is hereby ordained 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. The Exhibits to this Ordinance shall not be
codified, but shall be kept on file with this Ordinance in the City Clerk's Office.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect 10 days following adoption.
PASSED and ADOPTED this 19tti day of .Taniiar 2011,_
41/ti
MAYOR
A EST:
6.- Ck all CIA-Pt_
CI Y CLERK
APPROVED AS TO
FORM & LANGUAGE
M & F'f R EXECUTION
4t r " , f obit to
b11 ttorney Da
First Reading: '4
Second Readint : A
. f
Verified by i
Richard G. Lorber
Acting Planning Director
Underscore denotes new language
T :\AGENDA\2010 \October 27 \Regular \40th Street Overlay District- ORD.docx
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COMMISSION ITEM SUMMARY
Condensed Title:
A proposed ordinance amendment defining "religious institution," creating a 40th street religious
institution overlay district, requiring conditional use approval for religious institutions in the 40th street
overlay district, specifying parking and development regulations for the above, and adding review
criteria for religious institutions.
Key Intended Outcome Supported:
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 Commission address the specific issue of existing religious institutions on the 40th Street
by the creation of a religious institution overlay district?
Item Summary /Recommendation:
SECOND READING PUBLIC HEARING
The proposed ordinance defines a religious institution overlay district, specifying the district as those
properties with a lot line on the south side of 40th Street, between Chase Avenue to the west and Pine
Tree Drive to the east (see attached graphic map). The ordinance amends the Single Family
Residential zoning district regulations, by permitting religious institutions within the overlay district, in
existing rehabilitated structures or new construction, as conditional uses, and specifies development
regulations to be compatible with surrounding single family homes.
The Administration recommends that the City Commission adopt the proposed ordinance.
Advisory Board Recommendation:
At the September 28, 2010 meeting the Planning Board recommended approval of the proposed
ordinance. The Board also recommended that the property known as the "Kollel" located at 3767
Chase Avenue, adjacent to the proposed overlay district to the south of Temple Beth Israel, be
included in the overlay district at some time in the future.
Financial Information:
Source of Amount Account
Funds: 1
2
3
OBPI Total
Financial Impact Summary:
Not Applicable
City Clerk's Office Legislative Tracking:
Richard Lorber
Sign Offs:
Depart ent Director A sistant City , anager City Manager
T:IAGENDA\2010 \October 27\Regular \40th Str- -t eV/us • us O -r1 7y summary,• • 7
. `
AGENDA ITEM , E
DATE 1 �r
v.
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 City Co • • ission
FROM: Jorge M. Gonzalez, City Manager
DATE: January 19 2011
Second Reading Public Hearing
SUBJECT: Ordinance Amendment - 40 Street Religious Overlay District
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY
AMENDING CHAPTER 114 OF THE CITY CODE, "ZONING DISTRICTS
AND REGULATIONS," SECTION 114 -1, "DEFINITIONS," DEFINING
"RELIGIOUS INSTITUTION "; AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," ARTICLE III, "OVERLAY
DISTRICTS," CREATING DIVISION 8, "40TH STREET OVERLAY,"
AND BY ADDING SECTIONS 142 -858 "LOCATION AND PURPOSE,"
142 -859 "COMPLIANCE WITH REGULATIONS," REQUIRING
CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS IN
THE 40 STREET OVERLAY DISTRICT, AND 142 -860 "OFF- STREET
PARKING REGULATIONS;" AND AMENDING ARTICLE 11, "DISTRICT
REGULATIONS," DIVISION 2 "RS -1, RS -2, RS -3, RS-4 SINGLE-
FAMILY RESIDENTIAL DISTRICTS," SECTION 142 -103
"CONDITIONAL USES," TO ADD RELIGIOUS INSTITUTIONS AS A
CONDITIONAL USE FOR PROPERTIES IN THE 40 STREET
OVERLAY DISTRICT; AND AMENDING ARTICLE IV,
"SUPPLEMENTARY DISTRICT REGULATIONS," DIVISION 4
"SUPPLEMENTARY YARD REGULATIONS," SECTION 142- 1131(d)
"GENERALLY," TO EXEMPT PROPERTIES IN THE 40 STREET
OVERLAY DISTRICT FROM ADDITIONAL 50 FEET MINIMUM SIDE
YARD REQUIREMENT FOR PUBLIC AND SEMI - PUBLIC BUILDINGS;
AND AMENDING CHAPTER 118 OF THE CITY CODE,
"ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV,
"CONDITIONAL USE PROCEDURES," SECTION 118 -192, "REVIEW
GUIDELINES," TO ADD REVIEW CRITERIA FOR RELIGIOUS
INSTITUTIONS; PROVIDING FOR CODIFICATION; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed
ordinance.
City Commission Memorandum
Ordinance Amendment - - 40t Street Religious Overlay District
g Y
January 19, 2011 Page 2
BACKGROUND
On July 14, 2010, the City Commission referred a discussion of a possible overlay
district for religious institutions on 40th Street to the Land Use and Development
Committee and the Planning Board, at the request of both Commissioner Edward L.
Tobin and Commissioner Jonah Wolfson.
ANALYSIS iir 4440 am a am, � 44THS ~ � 1 The proposed gi 1 Aff '�► •44 a o Si am w ordinance
i lm i'"� lli o designed to do
�► ' SW 1.111 -fit /"�,, ti ill
�s� a a several things. It
�► will address the specific issue of 4 .: ; ,.---i) a a� r
existing religious
ii 9 s g 40th
..- a w T7 t III 11111 111 I/ •1/ institutions on 40
TST ARTMURCODPREY� rra m EEDE ■,�1 / 9 Street by defining a
_ , ,,;,, institution .. , J , .. _ , oTH T ,� i ._..., � . � overlay religious district, 7 �� ff �O ! '
P 4:i !•Q .•iii 407 g
VI E,,� �rrr� ... ,••��: •: ❖:� a '�� within which
'MST ,` • ''� Waft ■...,.r �.., 4#41111f2 111111 existing religious
ar 1 Salei amis f i ia institutions in that
imV ��r
�, ,,,wag mere � �a area that do not
1 rr'� �= �e currently have the
'O ► w�
111.1 `rte : � � S � required building
�► aft as... raft' a im
�►
it..,,, immi , ..• : �► cm alai and zoning
ra � T g
� 1 1- approvals pp s from the
City can be approved through a Conditional Use process, allowing their continuation and
possible construction of additions with proper permits. It amends the Single Family
Residential zoning district regulations list of uses, by adding as a Conditional Use
religious institutions located in the 40th Street Overlay. The overlay district is defined as
those properties with a lot line on the south side of 40th Street, between Chase Avenue
to the west and Pine Tree Drive to the east (see attached graphic map). Within this
district, religious institutions, in existing rehabilitated structures or new construction, will
be permitted as conditional uses.
The ordinance also specifies that all new construction or additions to existing structures
associated with these institutions be compatible with the scale of the surrounding
residential neighborhood and must be designed to maintain a residential, single family,
character. This would be ensured by requiring that permits for new construction,
alterations or additions to existing structures associated with these institutional uses be
subject to design review by the planning director or designee. All of the development
regulations governing setbacks, building heights and other physical factors would
continue to be the same as for all single family residential districts. It sets limited arkin
p g
requirements for these uses, provided that there is one or more public parking lot(s)
and /or garage(s) within 500 feet of the subject property, which applies to the entire strip
along 40 Street. For adaptive reuse and limited expansion (less than 50%) of existing
buildings, there will be no additional parking requirement. However, existing required
parking spaces on site must remain or be replaced on site. For new construction, or
large additions (greater than 50 %) the parking requirement will be two ,
s aces the same
spaces,
1
. i
City Commission Memorandum
Ordinance Amendment — 40 Street Religious Overlay District
January 19, 2011 Page 3
as for a single - family detached dwelling. Finally, it eliminates the 50 feet side yard
setback that is otherwise required for schools, libraries, religious institutions, and other
public buildings and private structures which are publicly used for meetings in residential
districts, since these uses will already abut each other on the side yards.
The ordinance also proposes to bring the Land Development Regulations more in
conformity with RLUIPA by specifically defining religious institution for purposes of
zoning regulation, and by creating objective criteria for the conditional use reviews by the
City's Planning Board.
Definition of Religious Institution
The proposed ordinance includes a specific definition for Religious Institution. A
Religious Institution will be defined as a use where an establishment, organization or
association conducts religious prayer or activity that is open to members and /or the
general public, and may be accompanied by accessory uses customarily associated with
religious institutions such as but not limited to education classes, youth centers, day
care, offices, and rooms for licensed catering of life cycle or other gatherings or
celebrations (e.g., weddings, confirmations, and coming -of -age events). It specifically
notes that a group privately assembling for worship, prayer or religious service in a
private home or dwelling in which at least one member of the group resides, is not a
religious institution, even if life cycle rituals are included in the service, including
weddings, confirmations, and coming -of -age (such as bar or bat - mitzvah) observances
and meals accompany the service. This language is in conformity with our
understanding of the Federal RLUIPA legislation.
Objective Review Criteria
Since the Courts are requiring local governments to use objective criteria when
reviewing applications for entities such as religious institutions, the proposed ordinance
includes a new set of review criteria drafted by the City Attorney's Office to be in accord
with such requirement. These include the following:
1. Whether a proposed operations plan has been provided, includin g hours of
operation, number of employees, and other operational characteristics pertinent
to the application, and that such plan will mitigate any adverse impacts to
adjoining and nearby properties, and neighborhood
2. Whether a plan for the delivery of supplies 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 design of the proposed structure is permitted by the regulations in
the zoning district in which the property is located, and complies with the
regulations of an overlay district, if applicable.
4. Whether a proposed parking plan has been provided, including where and how
g
the parking is located, utilized, and managed, that meets the required parking for
the use in the zoning district in which the property is located.
5. Whether an indoor and outdoor congregant/parishioner 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, pp 9 p g Y�
any, has been provided that addresses the safety of the institution and its users
and minimizes impacts on the neighborhood.
City Commission Memorandum
Ordinance Amendment — 40 Street Religious Overlay District
January 19, 2011 Page 4
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 and around the institution, parking structures or areas, 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 adjacent and nearby
residential uses creates adverse impacts and how such impacts are to be
mitigated.
11 Whether a cumulative effect from the proposed structure with adjacent and
nearby structures arises, and how such cumulative effect will be addressed.
LAND USE AND DEVELOPMENT COMMITTEE
On July 26, 2010, the Land Use Committee discussed the proposal. Attorney Michael
Larkin introduced the item, and discussed the need for the creation of an overlay district
on 40th Street to accommodate the existing religious institutions on that street. There
are at least two major religious institutions on that street, as well as a number of
unlicensed but longstanding religious institutions located there. The Committee
discussed the need for these types of institutions in the 40 Street area. First Assistant
City Attorney Gary Held discussed the latest Federal legislation in the area of freedom of
worship (RLUIPA) and advised that the City should try to accommodate this request so
permits can be issued for improvements to such properties. At the conclusion of the
discussion, the Committee voted 3 -0 to refer the matter to the Planning Board.
PLANNING BOARD ACTION
At the September 28, 2010 meeting the Planning Board reviewed the proposed
ordinance, and recommended its approval. The Board also recommended that the
property known as the "Kollel" located at 3767 Chase Avenue, adjacent to the proposed
overlay district to the south of Temple Beth Israel, be included in the overlay district at
some time in the future.
The City Commission approved the ordinance upon first reading at the October 27, 2010
meeting.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed
ordinance.
JMG /JGG/ GL
T:\AGENDA\2011 \1 -19 -11 \1976 - 40th St Religious Overlay Ord MEMO.docx
/3 T1i v S /J ! -Z o i/ -
• fri MIAMIBEACH .
CITY OF MIAMI BEACH
NOTICE TO THE PUBLIC .
NOTICE IS HEREBY GIVEN that a second reading and public hearing will be held by the City Commis
of the City of Miami Beach on WEDNESDAY, January 19, 2011 at 11:15 a.m. in the City Commission
Chambers, Third Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, to consider:
A PROPOSED ORDINANCE CREATING A "40TH STREET OVERLAY DISTRICT" THAT
WOULD PERMIT CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS
File No. 1976. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF' MIAMI BEACH, FLORIDA, AMENDING THE CITY CODE, BY AMENDING CHAPTER
114 OF THE CITY CODE, "ZONING DISTRICTS AND REGULATIONS," SECTION 114-1, •
"DEFINITIONS," DEFINING "RELIGIOUS INSTITUTION "; AMENDING CHAPTER 142,
"ZONING DISTRICTS ' AND REGULATIONS," ARTICLE 111, "OVERLAY DISTRICTS,"
CREATING DIVISIONS, "40TH STREET OVERLAY," AND BY ADDING SECTIONS 142 -858
"LOCATION AND PURPOSE," 142 -859 "COMPLIANCE WITH REGULATIONS," REQUIRING
CONDITIONAL USE APPROVAL FOR RELIGIOUS INSTITUTIONS IN THE 40TH STREET
OVERLAY DISTRICT, AND 142 -860 "OFF - STREET PARKING REGULATIONS;" AND
AMENDING ARTICLE II, "DISTRICT REGULATIONS," DIVISION 2 "RS-1, RS -2, RS -3, RS -4 '
SINGLE- FAMILY RESIDENTIAL DISTRICTS," SECTION 142 -103 "CONDITIONAL USES,"
TO ADD RELIGIOUS INSTITUTIONS AS A CONDITIONAL USE FOR PROPERTIES IN THE
, 40TH STREET OVERLAY DISTRICT; AND AMENDING ARTICLE IV, "SUPPLEMENTARY '
DISTRICT REGULATIONS," DIVISION 4 "SUPPLEMENTARY YARD REGULATIONS,"
SECTION 142- 1131(d) 'GENERALLY," TO EXEMPT PROPERTIES IN THE 40TH STREET I
. OVERLAY DISTRICT FROM ADDITIONAL 50 FEET MINIMUM SIDE YARD REQUIREMENT
FOR PUBLIC AND SEMI - PUBLIC BUILDINGS; AND AMENDING CHAPTER 118OF THE CITY
CODE, "ADMINISTRATION AND REVIEW PROCEDURES," ARTICLE IV, "CONDITIONAL
USE PROCEDURES," SECTION 118 -192, "REVIEW GUIDELINES," TO ADD REVIEW
CRITERIA FOR RELIGIOUS INSTITUTIONS; PROVIDING FOR CODIFICATION; REPEALER; '
SEVERABILITY; AND AN EFFECTIVE DATE. , . „um. .......___•Varai
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AU 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's Office, 1700 Convention Center Drive,
City Hall, Miami Beach, Florida 33139. Copies of the proposed amendments are available in the Planning
Department. *Pursuant to Florida Stat. 286.0105, 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 must
include 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 bylaw. •
In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation
to participate in this proceeding should contact the Board's Administratorno later than four days prior to
the proceeding. Telephone (305) 673 -7550 for assistance; if hearing impaired, telephone the Florida Relay ,
S ui t�e� (3054 6?3- 218 Or 71'i, fdr- assistance. * , , ° • , ' ' AD #639
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