Ordinance 2018-4197NORTH BEACH GU LOTS — WAIVER OF DRB PROCESS
ORDINANCE NO. 2018 -4197
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, ENTITLED "ZONING DISTRICTS AND
REGULATIONS ", ARTICLE II, ENTITLED "DISTRICT REGULATIONS ",
DIVISION 9, ENTITLED "GU GOVERNMENT USE DISTRICT," BY
AMENDING SECTION 142 -425, ENTITLED "DEVELOPMENT
REGULATIONS" TO ALLOW THE CITY COMMISSION TO WAIVE THE
DESIGN REVIEW PROCESS FOR TEMPORARY USES ON LOTS WITH A GU
ZONING DESIGNATION FRONTING COLLINS AVENUE BETWEEN 79TH
STREET AND 87TH STREET; PROVIDING FOR REPEALER, CODIFICATION,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Miami Beach seeks to activate the city -owned "West Lots"
generally located west of Collins Avenue between 79th Street and 87th Street; and
WHEREAS, the City of Miami Beach seeks to allow private commercial uses for periods
of 10 years or less on a block of the West Lots in order to encourage economic development in
North Beach; and
WHEREAS, in order to encourage commercial uses that will exist for periods of less
than 10 years, waivers from the development regulations will be necessary; and
WHEREAS, the City Commission desires to exempt said lots from the Design Review
Process for those uses that will exist for periods of less than 10 years within the West Lot Area;
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 142, entitled "Zoning Districts and Regulations ", Article II, entitled
"District Regulations ", Division 9, entitled "GU Government Use District" of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby amended
as follows:
Sec. 142 -425. - Development regulations.
(a) The development regulations (setbacks, floor area ratio, signs, parking, etc.) in the GU
government use district 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 the city commission.
Page 1
(b) Upon the sale of GU property, the zoning district classification shall be determined, after
public hearing with notice pursuant to Florida Statutes, 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.
(c) Setback regulations for parking Tots and garages when they are the main permitted use
are listed in subsection 142- 1132(n).
(d) Following a public hearing, the development regulations required by these land development
regulations, except for the historic preservation and design review processes, may be
waived by a five- sevenths 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, or used by not - for - profit, educational, or cultural
organizations, or for convention center hotels, or convention center hotel accessory
garages, or city utilized parking lots, provided they are continually used for 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 these land development regulations 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 permittee variances and shall
not be eligible to waive any regulations as described in this paragraph. However, not -for-
profit, educational, or cultural organizations as set forth herein, or private uses on the GU
lots fronting Collins Avenue between 79th and 87th Streets approved by the City Commi.sion
shall be eligible for a City Commission waiver of
development regulations as described in this paragraph, except for the historic preservation
and design review processes. Additionally, private uses on the GU dots fronting Collins
Avenue between 79th and 87th Streets approved by the City Commission for a period of less
th 10
an years shall be eligible for a City Commission waiver of the development regulations
as described in this paragraph, for temporary structures only. Such waivers applicable to
the GU lots fronting Collins Avenue between 79th and 87th Streets may include, but not be
limited to, the design review process, provided the City Commission, as part of the waiver
process. evaluates and considers all applicable Design Review requirements and criteria in
Chapter 118 of the Land Development Regulations.
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 re- numbered or re- lettered to accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
Page 2
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 g(,9 day of , 2018.
Rafael E. Granado,'City Clerk
an Gelber, ayor
°
(Sponsored by: Commissioner R ,rFr. pla) °''.
First Reading: April 11, 201
INCORP ORAI ED
Second Reading: ay 16, J. 1: i'r
Verified By: /` .ta 1 �,
Thomas Moon . AIC' '
Planning Director
T:WGENDA \2018 \04 April \Planning \NB GU Lots DRB Waiver - First Reading ORD.docx
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
i
City Attorney , Date
Page 3
MAN\
BEACH
Ordinances R5 1
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: May 16, 2018
3:45 p.m. Second Reading Public Hearing
SUBJECT NORTH BEACH GU LOTS - WAIVER OF DRB PROCESS:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDAAMENDING THE LAND DEVELOPMENT REGULATIONS
OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED
"DISTRICT REGULATIONS," DIVISION 9, ENTITLED "GU GOVERNMENT USE
DISTRICT," BY AMENDING SECTION 142 -425, ENTITLED "DEVELOPMENT
REGULATIONS" TO ALLOW THE CITY COMMISSION TO WAIVE THE DESIGN
REVIEW PROCESS FOR TEMPORARY USES ON LOTS WITH A GU ZONING
DESIGNATION FRONTING COLLINS AVENUE BETWEEN 79TH STREET AND
87TH STREET; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY
AND AN EFFECTIVE DATE.
RECOMMENDATION
The Administration recommends that the City Commission adopt the subject Ordinance.
ANALYSIS
HISTORY
On March 7, 2018, at the request of Commissioner Ricky Arriola, the City Commission referred the
subject Ordinance to the Land Use and Development Committee (LUDC) and the Planning Board
(Item R9J).
On March 14, 2018, the LUDC recommended that the Planning Board transmit the ordinance to the
City Commission with a favorable recommendation, and with the following modifications:
• Require that applicable GU waivers only be considered for temporary uses and structures that will
exist for a period of Tess than 10 years.
• Require that the City Commission, as part of any DRB waiver process, evaluate and consider all
applicable Design Review requirements and criteria in Chapter 118 of the City Code.
BACKGROUND
The subject Ordinance pertains to the existing lots located on the west side of Collins Avenue,
between 79th and 87th Streets. All of these Tots, commonly referred to as the "West Lots," are City
owned and zoned Government Use (GU).
In 2017, the City Comprehensive Plan was amended to change the current Future Land Use Map
Page 1109 of 1842
(FLUM) category of the west lots from RM -1 to Public Facility (PF). Additionally, the Public Facility
(PF) portion of the Comprehensive Plan was amended to allow for commercial uses as a permitted
use. This change brought previously approved uses (e.g. Ocean Rescue) into compliance with the
comprehensive plan, and provided more flexibility for future uses.
Further, in 2017, Sec. 142- 425(d) of the City Code, pertaining to waivers for GU properties, was
amended to provide the City Commission the authority to consider waivers for certain private uses
located on the west lots. Specifically, for private uses approved by the City Commission for a period
of less than ten years, the City Commission is now able to consider a waiver of development
regulations. Prior to this amendment, GU waivers on the west lots were limited to government
facilities /uses, cultural organizations and not - for - profits.
Currently, the only exception to this GU waiver provision is the 'design review processes'. In this
regard, the mandatory requirement for Design Review Board (DRB) review was put in place in the
1990's in order to ensure that permanent buildings and projects located on GU sites went through a
comprehensive public review process. This provision was not previously envisioned to include
temporary or 'pop -up' uses, which are short term in nature.
PLANNING ANALYSIS
The proposed ordinance will streamline the DRB process, but not eliminate or weaken the review. In
this regard, the City Commission, if it should choose to waive the requirement for a Design Review
Board hearing /application, would still review the design of any proposal, as part of a public hearing.
In order to provide more flexibility for future temporary and 'pop -up' uses on the west lots, including
the proposal for the North Beach Yard, a minor revision to Sec. 142- 425(d) of the City Code is
proposed. As noted in the attached draft ordinance, in addition to being able to waive all other
development regulations, the City Commission would have the discretion to consider a waiver of the
'design review processes'. As drafted, this discretion to waive the design review processes would
only apply to temporary uses associated with the West lots, and require the City Commission to
analyze the request in compliance with the Design Review Criteria.
It is important to note that even if the Commission should decide to consider granting any
development waiver for a future project on the west lots, including a potential waiver of the DRB
process, two public hearings would still be required (at the Planning Board and the City
Commission). Both of these public hearings would be noticed to all surrounding property owners
within 375 feet of the affected property.
Pursuant to the recommendations of the LUDC, the proposed ordinance requires that such waivers
can only be considered for temporary uses and structures that will exist for a period of less than 10
years. Additionally, when considering such waivers, the proposed ordinance requires that the City
Commission consider the Design Review Criteria listed in Chapter 118 of the Land Development
Regulations.
PLANNING BOARD REVIEW
On March 27, 2018 the Planning Board reviewed and transmitted the proposed Ordinance
Amendment to the City Commission with a favorable recommendation.
UPDATE
The subject Ordinance was approved on April 11, 2018 with no changes.
Page 1110 of 1842
CONCLUSION
The Administration recommends that the City Commission adopt the subject Ordinance.
Legislative Tracking
Planning
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
D Ordinance
Page 1111 of 1842