2009-27082 ResoRESOLUTION NO. 2009-27082
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO
CONSIDER A PROPOSED AMENDMENT TO THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS
AND REGULATIONS," ARTICLE II "DISTRICT REGULATIONS,"
DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142-693(B) "PERMITTED USES," BY
PERMITTING SALES AND ACCESSORY SERVICE OF ALTERNATIVE
FUEL/ELECTRIC AUTOMOBILES UNDER CERTAIN SPECIFIED
CONDITIONS IN THAT PORTION OF THE CPS-2
DISTRICT FRONTING ON THE NORTH SIDE OF 5T" STREET.
WHEREAS, the Land Development Regulations (LDRs) of the City Code are designed
to protect and preserve the environmental quality of the City's neighborhoods and to encourage
and promote compatibility with the established neighborhood context;
WHEREAS, the Mayor and City Commission place a strong emphasis on and desire to
seek a more sustainable and healthier "green" environment for its residents; and
WHEREAS, the Mayor and City Commission have identified as a legitimate government
purpose the promotion of an environmentally friendly and sustainable environment; and
WHEREAS, the Mayor and City Commission have previously adopted an ordinance
providing incentives for the construction of green/LEED certified buildings; and
WHEREAS, the Mayor and City Commission believe that allowing the sale of
environmentally sustainable automobiles in a limited area of the City where the sale of gasoline
automobiles was previously prohibited will further the goal of promoting an environmentally
friendly and sustainable environment; and
WHEREAS, the LDRs consider any use that sells automobiles or automotive or related
repair uses as industrial uses when located in the geographic area known as the
"redevelopment area" south of 6th Street, and are not permitted in the C-PS2, Commercial mixed
use zoning district; and
WHEREAS, the sale and service of alternative fuel/electric automobiles, because of their
low emissions and the type of servicing they may require is not an industrial-type use; and
WHEREAS, permitting this type of use will not create an adverse impact on the general
health and welfare of the residents of the City and is consistent with the public health, safety
and welfare; and
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2009-27082
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading public hearing
shall be held on July 15, 2009 to consider the proposed amendment to the Land Development
Regulations of the City Code.
PASSED AND ADOPTED this 3rd day of June , 2009.
ATTEST: YOR
L /, ~~ Matti Herrera Bower
CITY CLERK APPROVED AS
Robert Parcher Tp FORM & LANGUAGE
& FOR EXECUTION
~~ .r ..~~ z~ 09
-- ~ y ttorney Date
F:\PLAN\$PLB\draft ordinances\1930 -car sales in C-PS2\Reso setting public hearing.doc
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COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, setting a public
hearing to consider an ordinance that would permit the sale and accessory service of alternative
fuel/electric automobiles under certain specified conditions in that portion of the CPS-2 District fronting on
the north side of 5t" Street.
Key Intended Outcome Supported:
Satisfaction with neighborhood character and quality of life
Supporting Data (Surveys, Environmental Scan, etc
Satisfaction with neighborhood character and quality of life
Issue:
Should the City Commission set the first reading public hearing to consider the sale and service of
alternative fuel/electric automobiles south of 5t" Street ?
Item Summary~rtecommenaat~on:
SETTING OF THE PUBLIC HEARING
The subject resolution would set the first reading public hearing for the proposed ordinance for the July 15,
2009 meeting.
The PS Performance Standard District corresponds to the previous South Shore Redevelopment area.
The City Code contains restrictions on the permitted uses within the PS Performance Standard District,
stating that gas stations, sales of automobiles, automotive or related repair uses are considered industrial
uses and not to be permitted in this area. The proposed ordinance would allow the sale and service of
alternative fuel/electric automobiles located in the CPS-2 fronting on the north side of 5t" Street.
The Administration recommends that the City Commission set the first reading public hearing for the July
15, 2009 meeting.
yavtsory csoara rcecommenaation:
At the May 26, 2009 meeting the Planning Board by a vote of 7-0 recommended adoption of the
proposed ordinance.
Financial Information:
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach shall consider the
long term economic impact (at least 5 years) of proposed legislative actions," this shall confirm that the
City Administration evaluated the long term economic impact (at least 5 years) of this proposed legislative
action and determined that the proposed Ordinance may slightly affect the fees collected via Business
Tax Receipt as the ordinance will allow a use in the CPS-2 fronting on the north side of 5t" Street not
current) ermitted.
Ci Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
Si n-Offs:
Department Director „ sistant City Manager City Manager j
nt\1930 -sale o~Titomobifes south of 5th sum.doc
~ MIAMIBEACH
AGENDA ITEM ~ ~~
DATE 6 ' ~~
m 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~rnmission
FROM: Jorge M. Gonzalez, City Manager
DATE: June 3, 2009
SUBJECT: SETTING OF THE PUBLIC HEARING
Sale and Service of alternative fuel/electric automobiles in the CPS-2 district
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A
PROPOSED AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II "DISTRICT
REGULATIONS," DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT,"
AMENDING SECTION 142-693(6) "PERMITTED USES," BY PERMITTING
SALES AND ACCESSORY SERVICE OF ALTERNATIVE
FUEL/ELECTRIC AUTOMOBILES UNDER CERTAIN SPECIFIED CONDITIONS
IN THAT PORTION OF THE CPS-2 DISTRICT FRONTING ON THE NORTH SIDE
OF 5T" STREET.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a first reading public hearing
for the July 15, 2009 meeting.
BACKGROUND
At the May 4, 2009 meeting, the Land Use and Development Committee referred to the
Planning Board for its consideration and recommendation, that would permit the sale of
altemative fuel/electric automobiles in that portion of the C-PS2 district fronting on the north
side of 5~' Street.
ANALYSIS
Although the current development regulations do not permit the sale of automobiles in the
geographic area that was the "redevelopment area," new technology, and "greener," more
sustainable automobiles are currently being manufactured. As we are aware, the City
Commission has placed a high emphasis on achieving a healthier, "green" and sustainable
environment for the residents of the City by adopting several regulations that would help to
achieve that goal. At the request of the City Commission, the Administration reviewed and
recommended a program that would provide parking incentives for owners of
environmentally friendly vehicles. For eligibility in the incentive program, the City uses a list
of vehicles that qualify as Inherently Low Emission Vehicles (ILEV) maintained by the Florida
City Commission Memorandum
Sale and service of alternative fuel/electric autos in CPS-2
May 13, 2009 Page 2
Department of Highway Safety and Motor vehicles, to serve as a qualifer for participation in
the program.
Additionally, in pursuing the goal of a healthier, "green" and sustainable environment for its
residents, an ordinance that provides incentives for the construction ofgreen/LEED certified
buildings was recently adopted.
CONCLUSION
The Administration recommends that the City Commission set a first reading public hearing
for the July 15, 2009 meeting.
Pursuant to Section 118-164(2) of the City Code, (2) when the proposed amendment
changes the actual list of permitted, conditional or prohibited uses within a zoning category,
the City Commission shall hold two advertised public hearings on the proposed ordinance.
At least one hearing shall be held after 5:00 p.m. on a weekday. The first public hearing
shall be held at least seven days after the day that the first advertisement is published. The
second public hearing shall be held at least ten days after the first hearing and shall be
advertised at least five days prior to the public hearing.
The required advertisements shall be no less than two columns wide by ten inches long in a
standard size or tabloid size newspaper, and the headline in the advertisement shall be in a
type no smaller than 18 point. The advertisement shall be placed in a newspaper of general
paid circulation in the city and of general interest and readership in the city, not one of limited
subject matter.
Immediately following the public hearing at the second reading, the City Commission may
adopt the ordinance. An affirmative vote of five-sevenths of all members of the City
Commission shall be necessary in order to enact any amendment to the Land Development
Regulations.
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