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97-22514 RESO RESOLUTION NO. 97-22514 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, BY AMENDING SECTION 6 ENTITLED "SCHEDULE OF DISTRICT REGULATIONS" AMENDING SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL, HIGH INTENSITY" BY ADDING COMMERCIAL VEHICLES AS SPECIFIED IN SUBSECTION 6-22,C.3. TO THE LIST OF CONDITIONAL USES IN THIS DISTRICT; AMENDING SECTION 6 ENTITLED "SCHEDULE OF DISTRICT REGULATIONS" AMENDING SUBSECTION 6-22, ENTITLED "SUPPLEMENTARY USE REGULATIONS" BY AMENDING THE CONDITIONAL USE CRITERIA FOR THE STORAGE AND/OR PARKING OF COMMERCIAL VEHICLES AND CONSTRUCTION VEHICLES; PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE; REPEALER, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, on June 18, 1997 the City Commission adopted an Ordinance concerning Commercial Vehicles, but expressed a desire that additional review criteria be provided in an amendment to the Ordinance for the storage and! or parking of Commercial Vehicles within 100 feet of a Lot line of a property in a Single-Family District or Multi-Family District and that this be referred to the Planning Board; and WHEREAS, the City Commission also requested that the Planning Board study the feasibility of permitting the storage and/or parking of Commercial Vehicles as a Conditional Use in the CD-3 District; and WHEREAS, on July 22, 1997 the Planning Board held a public hearing regarding the amendment to the Ordinance and unanimously voted (5-0, 1 vacancy and 1 absence) to recommend approval of the amendment with additional restrictions regarding the parking and/or storage of said commercial vehicles when located on certain thoroughfares in the CD-3 District; and WHEREAS, pursuant to Section 14-2 of Zoning Ordinance No. 89-2665, the proposed amended Ordinance may now be considered by the City Commission. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing first reading to consider an Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, amending Comprehensive Zoning Ordinance No. 89-2665, amending Section 6 entitled "Schedule of District Regulations" amending Subsection 6-8, entitled "CD-3 Commercial, High Intensity" by adding Commercial Vehicles as specified in Subsection 6-22,C.3. to the list of conditional uses in this District; amending Section 6 entitled "Schedule of District Regulations" amending Subsection 6-22, entitled "Supplementary Use Regulations" by amending the conditional use criteria for the storage and/or parking of commercial vehicles and construction vehicles; providing for inclusion in the Zoning Ordinance; repealer, severability and an effective date is hereby scheduled on Wednesday, September 24, 1997 at 2: 00 p.m. and the second reading public hearing is hereby scheduled for Wednesday, October 21,1997 at 5: 01 p.m. in the City Commission Chambers at 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida, and the City Clerk is hereby authorized and directed to publish and distribute the appropriate public notice of said public hearings at which times and place all interested parties will be heard. PASSED and ADOPTED this 10th day of ATTEST: ~6 pdAC~ CITY CLERK DJT\kw FIA TTOITURN\RESOSIDISTREGS,HRG APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION ~~. ,:7~/C;7 Date. 2 CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 lQ httD:\\ci.miami-beach, f\, us COMMISSION MEMORANDUM NO. 5'75- q l TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 10, 1997 SUBJECT: Setting of Pub Ii earings - An Ordinance of the Mayor and City Commission of the City of Miami Beach, Florida, Amending Comprehensive Zoning Ordinance No. 89-2665, by: Amending Section 6 Entitled "Schedule of District Regulations" Amending Subsection 6-8, Entitled "CD-3 Commercial, High Intensity" by Adding Commercial Vehicles as Specified in Subsection 6-22,C.3. To the List of Conditional Uses in this District; Amending Section 6 Entitled "Schedule of District Regulations" Amending Subsection 6-22, Entitled "Supplementary Use Regulations" by Amending the Conditional Use Criteria for the Storage And/Or Parking of Commercial Vehicles and Construction Vehicles; Providing for Inclusion in the Zoning Ordinance; Repealer, Severability and an Effective Date. FROM: Jose Garcia-Pedrosa City Manager RECOMMENDATION The Administration recommends that the City Commission set a first reading public hearing on September 24, 1997 and tentatively set a second reading public hearing for October 21, 1997. BACKGROUND The amending ordinance, in concept, was referred to the Planning Board by the City Commission on July 2, 1997. The Planning, Design & Historic Preservation Division prepared the draft amendment. On June 18, 1997 the City Commission adopted an Ordinance concerning Commercial Vehicles, but voiced a desire that additional review criteria be provided for the storage and/or parking of Commercial Vehicles within 100 feet of a Lot line of a property in a Single-Family District or Multi- Family District and that this be referred to the Planning Board. The City Commission also requested that the Planning Board study the feasibility of permitting the storage and/or parking of Commercial Vehicles as a Conditional Use in the CD-3 District. On July 22, 1997 the Planning Board held a public hearing regarding the amendment and unanimously voted (5-0, I vacancy and I absence) to recommend approval of the amendment with additional restrictions regarding the parking and/or storage of said commercial vehicles when located on certain thoroughfares in the CD-3 District. The amending ordinance has been modified to Agenda Item c.. LT Date q-lO-~ include this new restriction by not pennitting the storage and/or parking of Commercial Vehicles on lots with frontage on Lincoln Road, Collins Avenue, 41st Street and 71st Street (see page 2 of the amending ordinance). ANAL YSIS OF THE AMENDING ORDINANCE The proposed amendment contains new review criteria that would be applicable when said uses are adjacent to any residential use as follows: "If the storage and/or parking of Commercial Vehicles is proposed to be within 100 feet of a property line of a lot upon which there is a residential Use(s), the Planning Board shall analyze the impact of said storage and/or parking on the residential Use(s). The analysis shall include. but not be limited to. visual impacts. noise. odors, effect of egress and ingress, and any other relevant factor that may have an impact on the residential Use(s)." The additional review criteria would help identify and/or mitigate any detrimental effects the proposed storage or parking of Commercial Vehicles may have on residential properties within a 100 ft. radius. This additional review criteria would be utilized regardless of the underlying zoning district, as there are many residential uses existing in commercial zoning districts. The amending ordinance would also pennit the parking or storage of Commercial Vehicles in the CD-3, Commercial High Intensity District provided the proposed site does not have a frontage on Lincoln Road, Collins Avenue, 41st Street or 71st Street. The CD-3 District encompasses Lincoln Road Mall, Collins Avenue between 16th and 44th Streets and 60th and 72nd Streets, all of Arthur Godfrey Road (41st Street) from Alton Road to the Indian Creek Waterway and 71st Street from Collins Avenue to Bonita Drive. In essence, the inclusion of this new restriction would limit the area where said storage and/or parking of Commercial Vehicles could occur within the CD-3 District to three (3) areas. The first is a four (4) block area north of the Bass Museum along 23rd Street and the second area is along the south side of 17th Street between Lenox Avenue and Meridian Avenue. The third and last area is a seven (7) block area along 72nd Street between Collins A venue and Bonita Drive. (See Map 'A'). (Note: The CD-3 District on Collins Avenue between 24th Street and 44th Street has been down-planned to RM-3 and the parking and/ or storage of commercial vehicles would not be permitted within this area.) The CD-3 District is designed to accommodate a highly concentrated business core in which activities serving the entire City are located. This district designation covers the City's most visible commercial areas adjacent to major vehicular thoroughfares and where pedestrian traffic is heavy, including Lincoln Road Mall, Collins Avenue and Arthur Godfrey Road. For the above reasons, the Planning Board concurred with Division's recommendation that the parking or storage of commercial vehicles within these highly visible areas is not warranted and would recommend denial of said parking or storage within the CD-3 District unless the proposed site does not have a frontage on Lincoln Road, Collins Avenue, 41 st Street or 71 st Street. The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a severability clause and an effective date. 2 In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the City Commission and the Planning Board consider the prescribed review criteria, when applicable, for such changes. Since the amending ordinance would change the conditional use category for the CD- 3 District, the review criteria were determined to be applicable to this amendment request. In reviewing a request for an amendment to the Zoning Ordinance which involves a change in permitted or conditional land use, the City commission and the Planning Board 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 would not require an amendment to the Future Land Use Map of the Comprehensive Plan. The amendment is not contrary to any neighborhood or Redevelopment plan. There are no CD-3 Zoning Districts located in the South Pointe Redevelopment Area. 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. The intent of the amendment is to improve the regulations for the parking and\or storage of said vehicles. 3. Whether the change suggested is out of scale with the needs of the neighborhood or the City; Partially Consistent - The amendment is in keeping with the overall goal of the City to provide necessary parking and/or storage facilities for commercial film and photography industry vehicles, as well as other commercial vehicles, while also regulating these types of special use facilities through the Conditional Use procedures. However, with regard to the proposal to extend these uses to the CD- 3 District, they should not be permitted on lots with frontage on Lincoln Road, 41 st Street, Collins Avenue or 71st Street. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure; Consistent - Staff is of the opinion that the LOS for the area public facilities and infrastructure should not be negatively affected by the proposed amending ordinance, if at all. Indeed, the parking and\or storage of Commercial Vehicles should not create a greater demand on public facilities than a fully operational parking lot. 3 5. Whether existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; Not Applicable - The underlying zoning district boundaries would not be changed by the amendment. 6. Whether changed or changing conditions make the passage of the proposed change necessary; Partially Consistent - As the commercial photography and movie production industry continues to evolve and there is an increasing need for these types of parking and\or storage facilities, it is warranted that the existing land use regulations be amended to include these proposed uses in areas where said uses are most compatible, i.e., districts already permitting commercial parking lots as a main permitted use (CD-I, CD-2 and CD-3). However, there should be limitations in the CD-3 District to not allow these uses on lots with frontage on Lincoln Road, 41 st Street, Collins Avenue or 71st Street. Also, the additional review criteria to be applied by the Planning Board when reviewing a site within 100 ft. of a residential building will further guarantee the peaceful use of said residential property by its inhabitants. 7. Whether the proposed change will adversely influence living conditions in the neighborhood; Partially Consistent - The proposed changes should not negatively effect living conditions or the quality of life for surrounding properties. Any proposed commercial vehicle project, if designed and operated properly, should not adversely influence living conditions if adequate conditions are imposed to control the nature of the operation (via the Conditional Use procedures) and the design issues, as originally adopted, are met. The additional review criteria will further protect residential uses within 100 ft. of a site. The Planning Board has taken a position along with staff, however, that these uses should not be allowed on any lot in the CD-3 District with frontage on Lincoln Road, 41 st Street, Collins Avenue or 71 st Street, as they could have an adverse impact on the character of these major retail/office corridors. 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; Consistent - Staff is of the opinion that the LOS for the area traffic circulation and/or public safety should not be negatively affected by the proposed amending ordinance.s 4 9. Whether the proposed change will seriously reduce light and air to adjacent properties; Consistent - The amendment would not change the existing development regulations for construction within the CD-3 District. The original amendment (adopted) proposed increased landscape requirements and adequate screening devices which would also apply to sites within the CD-3 district and, in staffs opinion, should not reduce light and air to adjacent properties. Also, the additional review criteria will further protect residential uses within 100 ft. of a proposed site by allo\Ving the Planning Board to address this issue should the need arise. 10. Whether the proposed change will adversely affect property values in the adjacent area; Consistent - Staff is of the opinion that property values, in the adjacent areas would not be negatively affected by the proposed amendment. Indeed, the increased landscape and visual buffering requirements proposed within the original adopted amendment (would also apply to CD-3 District sites) could conceivably increase adjacent property values -- if not do anything to diminish values. The additional review criteria proposed, herein, should provide further protection for adjacent residential properties. 11. Whether the proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations; Partially 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. To further protect the character of Lincoln Road, 41st Street, Collins Avenue and 71st Street, such uses should not be permitted on lots with frontage on these thoroughfares Also, the additional review criteria to be applied when a site is within 100 ft. of a residential building will further guarantee protection to said residential property and its continued peaceful use for such a purpose. 12. Whether there are substantial reasons why the property cannot be used in accordance with existing zoning; Consistent - The existing Zoning Ordinance does not permit the parking and\or storage of Commercial Vehicles except in the I-I Light Industrial District. The amendment is the appropriate response to allowing the parking and\or storage of Commercial Vehicles via the Conditional Use procedures. 5 13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a district already permitting such Use; Consistent - These types of proposed parking or storage facilities are not currently permitted within any zoning district v.ithin the City except the I-I Light Industrial District. CONCLUSION Based on the foregoing, the Administration has concluded that the City Commission should set a first reading public hearing on September 24, 1997 and tentatively set a second reading public hearing for October 21, 1997. 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