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2007-3546 Ordinance New structures 50,000 square feet and over in all commercial districts ORDINANCE NO. 2007-3546 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY CODE; BY AMENDING SECTION 142-273, "CONDITIONAL USES," IN THE "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," AMENDING SECTION 142-303, "CONDITIONAL USES" IN THE "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AMENDING SECTION. 142-333, "CONDITIONAL USES" IN THE "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," AND DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142- 693 "PERMITTED USES" IN THE "C-PS1, COMMERCIAL LIMITED MIXED-USE," "C-PS2, COMMERCIAL GENERAL MIXED USE," "C-PS3, COMMERCIAL INTENSIVE MIXED-USE," AND "C-PS4, COMMERCIAL INTENSIVE PHASED BAYSIDE" DISTRICTS BY REQUIRING CONDITIONAL USE APPROVAL FOR NEW CONSTRUCTION OF STRUCTURES 50,000 SQUARE FEET AND OVER, AND REQUIRING THAT THE FIRST STEP IN THE DEVELOPMENT REVIEW PROCESS SHALL BE THE CONDITIONAL USE REVIEW BY THE PLANNING BOARD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, large commercial developments may disrupt the quality of life in abutting and nearby neighborhoods; and WHEREAS, in 2004, the citizens of Miami Beach overwhelmingly approved a Straw Ballot question to limit the construction of new buildings that are larger than 50,000 square feet; and WHEREAS, this proposed amendment will accomplish the wishes of the citizens of the City of Miami Beach to limit large development projects. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 4. That Section 142-273, "Conditional uses," is hereby amended as follows: The conditional uses in the CD-1 commercial, low intensity district are adult congregate living facilities; nursing homes; religious institution; public and private institutions; schools; day care facility; pawnshops; video game arcades; warehouses; any use selling gasoline; new construction of structures 50.000 square feet and over (even when divided by a district boundary line). which review shall be the first step in the process before the review by any of the other land development boards; neighborhood impact establishment; and storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 142-1103. Section 5. That Section 142-303, "Conditional uses," is hereby amended as follows: The conditional uses in the CD-2 commercial, medium intensity district are adult congregate living facilities; funeral home; nursing homes; religious institution; pawnshops; video game arcades; public and private institutions; schools; any use selling gasoline; new construction of structures 50.000 square feet and over (even when divided by a district boundary line). which review shall be the first step in the process before the review by any of the other land development boards; outdoor entertainment establishment; neighborhood impact establishment; open air entertainment establishment; and storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located. See section 142-1103. Section 6. That Section 142-333, "Conditional uses," is hereby amended as follows: The conditional uses in the CD-3 commercial, high intensity district are adult living congregate facilities; new construction of structures 50,000 square feet and over (even when divided bY a district boundary line). which review shall be the first step in the process before the review by any of the other land development boards: outdoor entertainment establishment, neighborhood impact establishment, open air entertainment establishment, nursing homes; religious institution; video game arcades; public and private institutions; schools and major cultural dormitory facilities as specified in section 142-1332; and storage and/or parking of commercial vehicles on a site other than the site at which the associated commerce, trade or business is located, except such storage and/or parking of commercial vehicles shall not be permitted on lots with frontage on Lincoln Road, Collins Avenue, 41st Street and 71st Street. See subsection 142-1103(c). When located on that portion of Lincoln Road that is closed to traffic, these uses shall comply with section 142-335. Section 8. That Section 142-542, "Conditional uses," is hereby amended as follows: The conditional uses in the MXE mixed use entertainment district are major cultural dormitory facilities as specified in section 142-1332; public and private cultural institutions open to the public; banquet facilities; new construction of structures 50,000 square feet and over (even when divided by a district boundary line), which review shall be the first step in the process before the review bY any of the other land development boards; outdoor entertainment establishment; neighborhood impact establishment; and open air entertainment establishment. For purposes of this section, banquet facilities shall be defined as an establishment that provides catering and entertainment to private parties on the premises and are not otherwise accessory to another main use. Section 9. Division 18, "PS Performance Standard District," Section 142-693, "Permitted uses," is hereby amended as follows: (a) The following uses are permitted in the performance standard district: * * * if) New construction of structures 50.000 square feet and over in the CopS 1. 2 3, and 4 districts (even when divided by a district boundary line) shall be considered as a conditional use, which review shall be the first step in the process before the review by any of the other land development boards. SECTION 10. 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 11. 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 renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 12. Severability. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 13. Effective Date. PASSED and ADOPTED this 17th day of Jan ar ,2007. This Ordinance shall take effect ten days following ~~rf~ CITY CLERK . '.: jl.obert Parcher ." First Reading: Second Reading: MAYOR David Dermer Underscore denotes new languag Strikethrou€jh denotes deleted language APPROVED AS TO ORM AND LANGUAGE & FOR EXECUTION ~ Date Verified by: F:\PLAN\$PLB\draft ordinances\1777 - Structures 50,000 sqft in comm districts\revised for CC 2nd rdg.doc COMMISSION ITEM SUMMARY Condensed Title: An ordinance amending the Land Development Regulations of the City Code requiring Conditional Use a roval b the Plannin Board for structures 50,000 s . ft. and over in all commercial districts. Ke Intended Outcome Su orted: Increase satisfaction with development and growth management across the City Issue: Should Conditional Use approvai by the Planning Board for structures 50,000 sq. ft. and over be re uired in all commercial districts Item Summa /Recommendation: Conditional Use approval by the Planning Board is already required in the 1-1, Light Industrial Districts. This proposed ordinance would expand the requirement to all the commercial districts in the City. The Administration recommends that the City Commission adopt the proposed ordinance adding "portions of structures divided by a zoning district boundary line shall be aggregated for purposes of this ordinance." as amended b the Cit Commission at the December 6, 2006 meetin . Adviso Board Recommendation: At the August 22,2006 meeting, the Planning Board recommended by a unanimous vote (7-0) that the City Commission adopt the ordinance including an amendment that reads; "portions of structures divided b a zonin district bounda line shall be a re ated for ur oses of this ordinance." Financial Information: Source of Amount Account Approved Funds: 1 D 2 3 4 OBPI Total Financial Impact Summary: The proposed Ordinance is not expected to have any fiscal impact. Cit Clerk's Office Le islative Trackin Jorge Gomez or Mercy Lamazares City Manager to .... MIAMI BEACH AGENDA ITEM DATE J?~A /-J 7-07 lD MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov COMMISSION MEMORANDUM FROM: Mayor David Dermer and Members of the City Commission Jorge M. Gonzalez, City Manager ~ ~ January 17, 2007 0 SECOND READING PUBLIC HEARING TO: DATE: SUBJECT: CONDITIONAL USE APPROVAL FOR NEW CONSTRUCTION OF STRUCTURES 50,000 SQUARE FEET AND OVER IN COMMERCIAL DISTRICTS. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY CODE; BY AMENDING SECTION 142-273, "CONDITIONAL USES," IN THE "CD-1 COMMERCIAL, LOW INTENSITY DISTRICT," AMENDING SECTION 142-303, "CONDITIONAL USES" IN THE "CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AMENDING SECTION. 142-333, "CONDITIONAL USES" IN THE "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," AND DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-693 "PERMITTED USES" IN THE "C-PS1, COMMERCIAL LIMITED MIXED-USE," "C-PS2, COMMERCIAL GENERAL MIXED USE," "C-PS3, COMMERCIAL INTENSIVE MIXED-USE," AND "C- PS4, COMMERCIAL INTENSIVE PHASED BAYSIDE" DISTRICTS BY REQUIRING CONDITIONAL USE APPROVAL FOR NEW CONSTRUCTION OF STRUCTURES 50,000 SQUARE FEET AND OVER, AND REQUIRING THAT THE FIRST STEP IN THE DEVELOPMENT REVIEW PROCESS SHALL BE THE CONDITIONAL USE REVIEW BY THE PLANNING BOARD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUND January 11. 2006 - the City Commission referred to the Planning Board the issue of limiting the size of single-occupancy developments citywide to ensure that projects that are not compatible will not be allowed to occur without certain restrictions. February 28. 2006 - The Planning Board reviewed an ordinance that included all zoning districts - commercial, industrial, mixed use and residential with a recommendation to separate the proposal into two separate ordinances - one for the CD commercial and 1-1 industrial districts, and another one for the RM residential, MXE mixed use, and the PS districts. However the scope of the ordinance was reduced to only the 1-1, Light Industrial District. April 11. 2006 - Upon approval on first reading of the ordinance requiring Conditional Use approval for new construction of structures 50,000 square feet and over, the City City Commission Memorandum Conditional Use for structures 50,000 sq. ft. and over in commercial districts January 17, 2007 Page 2 Commission referred to the Planning Board the expansion of this review beyond the 1-1 district. ANALYSIS The current development regulations, with the exception of those newly approved for the 1-1, Light Industrial District, permit new developments of any size to occur in any zoning district in the City subject to Design Review Board (DRB) or Historic Preseryation Board (HPB) approval, and the limitations contained within the development regulations of each zoning district. These boards review design and compatibility, but not enough of the impacts the developments may have on the surrounding neighborhoods. During the last few years, the City has been subjected to a great amount of development pressures, which may endanger the urban character as well as the infrastructure of the City, to the extent that it appears that a certain level of growth management has become necessary. It is necessary and very important to maintain the character and the infrastructure of the City at a level that all commercial and residential uses can co-exist. The proposed changes would provide an extra level of scrutiny through the Conditional Use process that would review, in addition to compatibility, other issues such as noise, traffic and other adverse impacts that may result from such developments. The additional review as a Conditional Use, which is defined as a use that would not be appropriate generally or without restriction throughout a particular zoning district, but would be appropriate if controlled as to number, area, location, or relation to the neighborhood, would be able to impose conditions and restrictions that would help in ameliorating any adverse impacts resulting from a particular development. The proposed ordinance will also address to a certain extent the non-binding straw ballot question overwhelmingly approved by the voters of the City in November 2004, to limit the construction of new buildings larger than 50,000 square feet. Supplemental review criteria for these types of projects have already been adopted by the City Commission. It should be noted that a formal Administrative Interpretation of what constitutes a "structure" has been requested and issued. In part, the interpretation says: Section 114-1, of the Code offers the following definition for the word "structure": "Structure means anything constructed or erected, the use of which requires permanent location on the ground. Among other things, structures include buildinQs or any parts thereof. walls, fences, parkina aaraaes. parkinQ lots, signs and screen enclosures" (emphasis added). The word "structure" is an all encompassing term that includes all parts of a building. Thus, in the context of Ordinance 2006-3514, the size of the structure is derived from the sum total of the areas of every part of the structure. 1 1 (Note: this ordinance is the requirement of Conditional Use for structures 50,000 square feet and over in the 1-1 district) City Commission Memorandum Conditional Use for structures 50,000 sq.ft. and over in commercial districts January 17, 2007 Page 3 Advertisina reauirements Pursuant to Section 118-164(1) of the City Code, in all cases in which the proposed amendment changes the actual list of permitted, conditional or prohibited uses in a zoning category, and the proposed amendment involves less than ten contiguous acres, mailed notice must be provided to property owners of record of land lying within 375 feet of the land, that would be affected by the proposed amendment. Such notice shall be given at least 30 days prior to the date set for the public hearing. Although the proposed ordinance would affect all the commercial districts in the City, some are not contiguous and are less than 10 acres. These smaller districts require the 30-day mailed notice. The City Code is not clear in what noticing requirement should be followed for the second reading public hearing; therefore, in an abundance of caution, a 30-day mailed notice was send out on December 14, 2006 . In addition, this proposed ordinance was advertised in the in the Miami Beach Neighbors Section of the Miami Herald on January 4,2007. FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact. PLANNING BOARD ACTION At the August 22, 2006 meeting, the Planning Board recommended by a unanimous vote (7-0) that the City Commission adopt the ordinance including an amendment that reads: "portions of structures divided by a zoning district boundary line shall be aggregated for purposes of this ordinance." This amendment has now been included in the proposed ordinance. CITY COMMISSION ACTION At the December 6, 2006 meeting, the City Commission approved the proposed ordinance on first reading public hearing and requested that the same language proposed by the Planning Board (see paragraph above), be included in the ordinance. CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance as amended. Pursuant to Section 118-164(2), the City Commission shall hold two advertised public hearings on the proposed ordinance, with at least one hearing being held after 5:00 p.m. JMG/TH/JGG/ML T:\AGENDA\2007~an1707\Regular\1777 - 50,000 sqft structures in comm districts-2nd rdg.doc MB MiamiHerald.com I THE MIAMI HERALD I THURSDAY. JANUARY 4. 2007 ' . CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARING NEW STRUCTURES 50,000 SQUARE FEET AND OVER IN ALL COMMERCIAL DISTRICTS NOTICE IS HEREBY GIVEN that a public hearing will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, January 17, 2007, at 5:05 P.M. to consider the following: Amending Chapter 142, "Land Development Regulations," Of The City Code; By Amending Section 142-273, "Conditional Uses," In The "CD-1 Commercial, Low Intensity District," Amending Section 142-303, "Conditional Uses" In The "CD-2 Commercial, Medium Intensity District," Amending Section. 142-333, "Conditional Uses"ln The "CO-3 Commercial, High Intensity District," And Division 18, "PS Performance Standard District," By Amending Section 142-693 "Permitted Uses" In The "C~PS1, Commercial Limited Mixed-Use," "C-PS2, Commercial General Mixed Use," "C-PS3, Commercial Intensive Mixed-Use," And "C-PS4, Commercial Intensive Phased Bayside"Districts By Requiring Conditional Use Approval For New Construction Of Structures 50,000 Square Feet And Over, And Requiring That The first Step In The Development Review Process Shall Be The Conditional Use Review By The Planning Board. Inquiries concerning this meeting should be directed to the Planning Department at (305) 673-7550. . Robert E. Parcher, City Clerk City of Miami Beach . )'>--" ~ !, .' : \~t\\)" ....... i ~Ei~~: Pursuant to Section 2B6.0105, Fla. Stat., 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 yerbatim record of the proceedings is made, which record includes 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 by law. To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact (305) 604- 2489 (voice), (305)673-7218(TTY) five days in advance to initiate your request. TTY users may also call 711 (Florida Relay Service). Ad #411