Ordinance 96-3033 ORDINANCE NO. 96-3033
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING ZONING ORDINANCE NO.
89-2665, AMENDING SECTION 6, ENTITLED "SCHEDULE OF
DISTRICT REGULATIONS" , BY AMENDING SUBSECTION 6-12,
ENTITLED "GU GOVERNMENT USE DISTRICT" BY PROVIDING THAT
ANY LAND OR AIR RIGHTS OWNED BY OR LEASED TO THE CITY OR
OTHER GOVERNMENT AGENCY SHALL AUTOMATICALLY CONVERT TO A
GU GOVERNMENT USE DISTRICT; ADDING PARKING GARAGES TO THE
LIST OF MAIN PERMITTED USES AND DELETING FROM THE LIST OF
MAIN PERMITTED USES THE REFERENCE TO RESOLUTION NO. 86-
18491 PERTAINING TO PROPERTIES CONSIDERED FOR THE SALE
AND/OR LEASE WHICH ARE OWNED BY THE CITY AND ORDINANCE
NO. 89-2662 PERTAINING TO DEVELOPMENT AGREEMENTS; BY
DELETING FROM THE LIST OF CONDITIONAL USES THE SPECIFIC
REFERENCE TO PARKING GARAGES AND PRIVATE OR JOINT CITY
AND PRIVATE USES, INCLUDING AIR RIGHTS, AND ADDING USES
APPROVED BY THE CITY COMMISSION, INCLUDING JOINT
GU/PRIVATE USE; BY PROVIDING THAT USE OF GOVERNMENT
PROPERTY BY THE PRIVATE SECTOR SHALL REQUIRE PLANNING
BOARD REVIEW PRIOR TO CITY COMMISSION APPROVAL; BY
PROVIDING THAT UPON THE SALE OF PUBLIC PROPERTY, THE
ZONING SHALL BE DETERMINED AFTER PUBLIC HEARING IN A
MANNER CONSISTENT WITH THE COMPREHENSIVE PLAN; BY
CHANGING THE NOTICE REQUIREMENTS FOR CITY COMMISSION
HEARINGS REQUIRED BY SUBSECTION 6-12 FROM AT LEAST THIRTY
(30) DAYS TO AT LEAST FIFTEEN (15) DAYS; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the amendments set forth are necessary to provide for
a more efficient and comprehensive process for approval of uses and
waivers of development regulations for buildings uses and sites
within the GU Government Use District .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. AMENDMENT OF ZONING ORDINANCE SUBSECTION 6-12.
That Subsection 6-12, of Section 6, entitled "Schedule of District Regulations" of City of
Miami Beach Zoning Ordinance No. 89-2665 is hereby amended as follows:
6-12 GU GOVERNMENT USE DISTRICT.
A. Purpose and Uses
1. District Regulations 2. Main Permitted Use 3.Private Uses 4. Accessory Uses
Any land or air rights owned by Government Buildings and Private or Joint See Section 6-21,C.
or leased to the City or other Uses,including but not limited Govemment/private uses,
governmental agency shall to Parking Lots and Garages, including air rights shall be
automatically convert to a GU, Parks and associated parking, reviewed by the Planning Board
Government Use District. schools,performing arts and prior to approval by the City
cultural facilities,monuments Commission. See Section 6-
and memorials. Any Use not 12B.5 for public notice
listed above shall only be requirements.
approved after the City
Commission holds a public
hearing. See Sec.6-12,B,5 for
public notice requirements.
B. Development Regulations
1 . The Development regulations (setbacks, Floor Area Ratio,
Signs, parking, etc. ) shall be the average of the requirements
contained in the surrounding zoning districts as determined by
the Planning and Zoning Director, which shall be approved by
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the City Commission.
2 . Upon the sale of GU property, the zoning district
classification shall be determined, after public hearing with
notice pursuant to Florida Statute, by the City Commission in
a manner consistent with the Comprehensive Plan. Upon the
expiration of a lease to the City or other Government Agency,
the district shall revert to the zoning district and its
regulations in effect at the initiation of the lease .
3 . Setback regulations for Parking Lots and garages when they are
the main permitted Use are listed in Section 6-25, B . 14 .
4 . Following a public hearing, the Development regulations
required by this Ordinance, except for the Historic
Preservation and Design Review processes, may be waived by a
five-sevenths (5/7) vote of the City Commission for
Developments pertaining to Governmental owned or leased
Buildings, Uses and Sites which are wholly used by, open and
accessible to the general public, and for Convention Center
Hotels and Convention Center Hotel accessory Garages and City
utilized parking lots, provided they are continually used for
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such purposes. Notwithstanding the above, no GU property may
be used in a manner inconsistent with the Comprehensive Plan.
In all cases involving the Use of GU property by the private
sector, or Joint Government/Private Use, development shall
conform to all development regulations in addition to all
applicable sections contained in the Zoning Ordinance and
shall be reviewed by the Planning Board prior to approval by
the City Commission. All such private or joint
Government/private uses are allowed to apply for any permitted
variances . Private or Joint Government/Private uses shall not
be eligible to waive any regulations as described in this
paragraph.
5 . When a public hearing is required to waive development
regulations before the City Commission, the public notice
shall be advertised in a newspaper of general paid circulation
in the City at least fifteen (15) days prior to the hearing.
Fifteen (15) days prior to the public hearing date, both a
description of the request, the time and place of such hearing
shall be posted on the property, and notice shall also be
given by mail to the owners of land lying within 375 feet of
the property. A five-sevenths vote of the City Commission is
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required to approve a waiver or Use that is considered under
this regulation.
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be
and the same are hereby repealed.
SECTION 3 . SEVERABILITY.
If any section, subsection, clause or provision of this
Ordinance is held invalid, the remainder shall not be affected by
such invalidity.
SECTION 4 . EFFECTIVE DATE.
This ordinance shall take effect on the 3rd day of
February 1996, and as to property leased to the City or
other government agency, this Ordinance shall apply only to leases
executed after the effective date .
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PASSED and ADOPTED this 24th day of January 1996 .
ATTEST: ,
P MAYOR
po (x4A.6 11111f
CITY CLERK
c:jm:wp60:jd:sec6-12.ord
1st reading 12/6/95
Continued 1/10/96 FORM APPROVED
2nd reading 1/24/96 al Dept,
By ')*-d,41, -,1"
Date -2,6 �h
6
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION - ENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. t 9-96, f4.
TO: Mayor Seymour Gelber and
Members of the City Commission DATE:
January 24 , 1996
FROM: Jose Garcia-Pedrosa /
City Manager
/
SUBJECT:
Second Reading and Public Hearing - An Ordinance
Amending Section 6, Entitled "Schedule of District
Regulations", by Amending Subsection 6-12, Entitled •
"GU Government Use District" by Providing that Any
Land or Air Rights Owned or Leased to the City or
Other Government Agency Shall Automatically Convert to
a GU Government Use District; by Adding Parking
Garages to the List of Main Permitted Uses and by
Deleting from the List of Main Permitted Uses the
Reference to Resolution No. 86-18491 Pertaining to
Properties Considered for Sale and/or Lease Which are
Owned by the City and Ordinance No. 89-2662 Pertaining
to Development Agreements; by Deleting from the List
of Conditional Uses the Specific Reference to Parking
Garages and Private or Joint City and Private Uses,
Including Air Rights, and Adding Uses Approved by the
City Commission, Including Joint City/Private Use; by
Providing that Use of Municipal Property by the
Private Sector Shall Require Planning Board Review
Prior to City Commission Approval; by Providing that
upon the Sale of Public Property, the Zoning Shall be
Determined after Public Hearing in a Manner Consistent
with the Comprehensive Plan; by Changing the Notice
Requirements for City Commission Hearings Required by
Subsection 6-12 from at Least Thirty (30) Days to at
Least Fifteen (15) Days; by Providing for a Repealer,
Severability and an Effective Date.
PAGE 1 OF 9
AGENDA ITEM 5 b
DATE
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RECOMMENDATION
The Administration recommends that the City Commission adopt on second
reading the amending ordinance regarding the development regulations
for the Government Use (GU) District, as revised, herein. The
revisions reflect those that had been initiated in response to
concerns raised by the City Commission on November 21, 1995 and
incorporated into the amending ordinance at first reading on December
6, 1995, as well as those additional changes suggested by the City
Attorney on December 20, 1995 and January 16, 1996 .
BACKGROUND
The City Attorney' s Office in conjunction with the City
Administration has requested the proposed amendment in order to
clarify the regulations regarding the uses, notice requirements and
ownership issues for municipal, private and joint City/private uses
in the GU Government Use District . The Commission referred the
amendment to the Planning Board on October 25, 1995 .
The Planning Board held a public hearing on November 15, 1995 and
voted 5-0 (two absentees) to approve the amendment with one
suggested change. The Board believed the required 5/7 vote of
approval by the City Commission for uses considered under these
regulations should not be eliminated. This change has been deleted
from the revised amending ordinance .
On November 21, 1995 the City Commission set today' s second reading
and public hearing. However, at that meeting, the Commission
expressed some concern regarding the wisdom of changing the waiver
of development regulations provisions . In response, the
Administration and the City Attorney' s Office have concluded that
certain additional modifications be made to the ordinance, as
described herein. On December 6, 1995 the City Commission approved
the Amending Ordinance on first reading, as revised.
On December 20, 1995, the Commission continued the second reading
public hearing, raising concerns with regard to municipal uses,
building and sites being wholly open and accessible to the general
PAGE 2 OF 9
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public in order to be eligible for a waiver of development
regulations; further, that any use of government property should be
consistent with the City' s Comprehensive Land Use Plan. These
clarifications have been incorporated into the amending ordinance
for the continued second reading public hearing today.
ANALYSIS OF REVISED AMENDING ORDINANCE
The Ordinance, as revised, amends certain regulations in Zoning
Ordinance Subsection 6-12, entitled "GU Government Use District" .
These amendments include the following:
1) Provides that any land or air rights owned or leased by
the City or other government agency shall automatically
convert to a GU Government Use Designation. (Previously
this regulation did not pertain to air rights or leased
property. The property must be leased to the City. )
2) Deletes from the list of main permitted uses for the GU
Government Use District the reference to Resolution No.
86-18491 pertaining to properties considered for sale
and/or lease which are owned by the City as this former
resolution was repealed upon adoption of the "Shapiro"
Ordinance . Additionally, reference to Ordinance No. 89-
2662, pertaining to development agreements, is also
removed, as this Ordinance is codified in Section 9D-1 of
the Miami Beach City Code, (See page 8) .
3) Re-titles the "Conditional Use" category to "Private
Uses" . Private or joint City/private uses, including air
rights, would require approval by the City Commission at
a public hearing after review by the Planning Board. The
need for a conditional use permit for uses that
ultimately require Commission approval would be
unnecessary as long as private and joint City\private use
of municipal property is reviewed by the Planning Board
for its recommendation to the Commission. Notice
requirements would be the same as for Conditional Uses
and as proposed for the City Commission.
4) Provides for new language regarding the re-classification
PAGE 3 OF 9
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of zoning when public property is sold, as well as the
zoning classification of private property when a City or
governmental lease on said property expires .
Specifically, subsection 6-12B.2 would read as follows :
"Upon the sale of public property, the zoning
district classification shall be determined after
public hearing by the City Commission, in a manner
consistent with the Comprehensive Plan. Upon the
expiration of a lease to the City or other
Government Agency, the district shall revert to the
zoning district in effect at the initiation of the
lease" .
5) Includes Convention Center Hotels, Convention Center
Hotel accessory Garages and City utilized parking lots,
in addition to projects wholly open and accessible to the
general public, as those that are eligible for a waiver
of development regulations by a 5/7 vote of the City
Commission. Language has been added stating that no
government property can be used in a manner inconsistent
with the City' s adopted Comprehensive Plan. In all other
cases, the use of municipal property, including private
and joint City\private development must conform with all
development regulations contained within the Zoning
Ordinance. These developments would be permitted to make
application for variances; however, all applicable Design
Review criteria and procedures would continued to be
required. In no instance would a waiver of the maximum
permitted Floor Area Ratio (FAR) be permitted for a
private or joint City/private use .
Specifically Subparagraph B. 5 of the revised amending
ordinance regarding Development Regulations is proposed
to be re-worded as follows :
B.5 Following a public hearing, the Development
regulations and any Design Review process
otherwise required by this Ordinance may be
waived by a five-sevenths (5/7) vote of the
City Commission for developments pertaining to
City or Governmental owned or leased Municipal
PAGE 4 OF 9
Buildings, Uses and Sites, and for
Convention Center Hotels and
accessory Garages and City utilized
parking lots . Notwithstanding the
above, no City or Governmental
property may be used in a manner
inconsistent withthe adopted
Comprehensive Plan. In all cases involving
the lease and/or air rights use of municipal
property by the private sector, including
Joint City/Private Use, development
architectural plans shall conform to the above
all development regulations in addition to all
applicable sections contained in the Zoning
Ordinance and shall be reviewed under the
Conditional Use process set forth in Section
17 3 . by the Planning Board prior to approval
by the City Commission. All such private, or
joint City/Private uses are allowed to apply
for any permitted variances .
6) Provides that use of municipal property by the private
sector, including joint City/private use, shall be
reviewed by the Planning Board prior to approval by the
City Commission.
7) Changes the notice requirements for City Commission
hearings required by Subsection 6-12 from at least thirty
(30) days to at least fifteen (15) days. (These hearings
pertain to waivers of development regulations and/or
approval of uses on GU property. ) Property owners within
375 ft. of the subject government property would still be
notified by mail regarding a proposal requiring a waiver
of development regulations. This is the same requirement
currently in place for Conditional Uses .
There are no other proposed changes. The last three sections of
the amendment provide for repealer, severability and an effective
date.
PAGE 5 OF 9
As described above, the conditional use category would be removed
completely while the Planning Board would continue to review
private or joint City/private uses for appropriateness and
recommendation to the Commission. The notice requirements for the
public hearing before the Planning Board would be the same as
currently required for conditional uses and as proposed for the
City Commission. Changes to the current regulations for public
hearings before the Planning Board would not be required since
these applications are already codified within the Zoning Ordinance
under ' other' requests pursuant to Section 17 .
Private and joint City/private development would not be eligible
for a waiver of the development regulations as originally proposed
in the amendment. However, developers of Convention Center Hotels
and their accessory Parking Garages on GU property would be
permitted to make application to the Commission for a waiver of
development regulations.
In reviewing a request for an amendment to the Zoning Ordinance or
a change in land use, the City Commission shall consider the
following:
1 . Whether the proposed change is consistent and compatible with
the Comprehensive Plan and any applicable neighborhood or
Redevelopment Plans;
Consistent - The amendment is compatible with the Future
Land Use Map (FLUM) of the Comprehensive Plan
which would not be changed by the proposed
amendment .
2 . Whether the proposed change would create an isolated district
unrelated to adjacent or nearby districts;
Consistent - The amendment would not change the underlying
zoning district for any areas within the City
PAGE 6 OF 9
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at the present time.
3 . Whether the change suggested is out of scale with the needs of
the neighborhood or the City;
Consistent - The amendment is in scale with the overall
needs of the City to regulate municipal
property.
4 . Whether the proposed change would tax the existing load on
public facilities and infrastructure;
Consistent - The LOS for the area public facilities and
infrastructure should not be negatively
affected, if at all, by the proposed amending
ordinance.
5 . Whether existing district boundaries are illogically drawn in
relation to existing conditions on the property proposed for
change;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment .
6 . Whether changed or changing conditions make the passage of the
proposed change necessary;
Consistent - The existing regulations for municipal
property relating to private and joint
City/private use needs to be clarified to
address what the administration views as an
inconsistency in the present ordinance
language.
7 . Whether the proposed change will adversely influence living
conditions in the neighborhood;
Consistent - The proposed change should not negatively
effect living conditions or the Quality of
Life for the surrounding properties .
PAGE 7 OF 9
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8 . Whether the proposed change will create or excessively
increase traffic congestion beyond the Level Of Service as set
forth in the Comprehensive Plan or otherwise affect public
safety;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment .
9 . Whether the proposed change will seriously reduce light and
air to adjacent properties;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment .
10 . Whether the proposed change will adversely affect property
values in the adjacent area;
Consistent - We believe that property values would not be
negatively affected by the proposed amendment,
if at all .
11 . Whether the proposed change will be a deterrent to the
improvement or development of adjacent property in accordance
with existing regulations;
Consistent - The proposed amendment will not change the
development regulations for adjacent sites
which must comply with their own site specific
development regulations . Furthermore, the
proposed ordinance should not affect the
ability for an adjacent property to be
developed in accordance with said regulations .
12 . Whether there are substantial reasons why the property cannot
be used in accordance with existing zoning;
Consistent - The proposed amendment does not change the
PAGE 8 OF 9
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underlying GU designation for a property.
13 . Whether it is impossible to find other adequate Sites in the
City for the proposed Use in a district already permitting
such Use;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment.
CONCLUSION
Based on the foregoing, the Administration and the City Attorney' s
Office recommends that the City Commission adopt on second reading
the revised amending ordinance regarding the development
regulations for the Government Use (GU) District .
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PAGE 9 OF 9
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