2001-24561 RESO
RESOLUTION NO. 2001-24561
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO
CONSIDER PROPOSED AMENDMENTS TO THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," BY AMENDING DIVISION 11 "1-1 LIGHT INDUSTRIAL
DISTRICT," BY AMENDING SECTION 142-481 "PURPOSE," BY
INCLUDING OFFICES; SECTION 142-482, BY AMENDING SECTION 142-
484(2), "ACCESSORY USES," BY ELIMINATING ACCESSORY OUTDOOR
BAR COUNTERS AS AN ACCESSORY USE IN THE 1-1 DISTRICT; BY
AMENDING "SECTION 142-485 "PROHIBITED USES," TO INCLUDE
BARS, DANCE HALLS OR ENTERTAINMENT ESTABLISHMENTS NOT
ALSO OPERATING AS RESTAURANTS AS PROHIBITED USES IN THE
1-1 DISTRICT; BY AMENDING DIVISION 5. "CD-2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT," SECTION 142-302 "MAIN PERMITTED
USES" BY CREATING AN OVERLAY DISTRICT IN THE PURDY
A VENUEIDADE BOULEVARD AREA PROHIBITING BARS, DANCE
HALLS OR ENTERTAINMENT ESTABLISHMENTS NOT ALSO
OPERATING AS RESTAURANTS; PROVIDING FOR INCLUSION IN THE
CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, amending Division 11, "1-1 Light Industrial District" is a utilitarian district and
including offices as a main permitted use is a use compatible with the district purpose; and
WHEREAS, amending the accessory and prohibited uses in the "1-1 Light Industrial
District"would be consistent with the public health, safety and welfare; and
WHEREAS, amending the main permitted uses in the "CD-2 Commercial, Medium Intensity
District" thereby creating an overlay district surrounding the "1-1 Light Industrial District" would
provide consistency in this neighborhood without creating any significant negative impacts on the
surrounding neighborhood; and
WHEREAS, to enable the City Commission to hold a public hearing on the proposed
amendments in a timely manner at its September 20,2001 meeting, the Administration is requesting
that the public hearings be set at this time;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing to
consider the changes to the 1-1, Light Industrial district development regulations of the Code of the
consider the changes to the 1-1, Light Industrial district development regulations of the Code of the
City of Miami Beach, as described above, is hereby scheduled on September 20, 2001 in the City
Commission Chambers at 1700 Convention Center Drive, Miami Beach, Florida, and the City Clerk
is hereby authorized and directed to publish and distribute the appropriate public notice of the public
hearings at which time all interested parties will be heard.
PASSED and ADOPTED this ~ day of
September
, 2001.
ATTEST:
~OR
~~ ~ eu-rlv--
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
AND FOR EXECUTION
4tI%PAA
City Attorney
-
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Date
F:\PLAN\$PLBIJUL Yl200111518AMNDI1518RESO. WPD
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.f1.us
COMMISSION MEMORANDUM
FROM:
Mayor Neisen O. Kasdin and
Members of the City Commission
Jorge M. Gonzalez ~ . A ~
City Manager () (VV' 0
DATE: September 5, 2001
TO:
SUBJECT:
Setting of Public Hearings - Revisions to the Industrial District and CD-2
Commercial District permitted uses.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO
CONSIDER PROPOSED AMENDMENTS TO THE LAND
DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," BY AMENDING DIVISION 11 "1-1
LIGHT INDUSTRIAL DISTRICT," BY AMENDING SECTION 142-481
"PURPOSE," BY INCLUDING OFFICES; SECTION 142-482, BY
AMENDING SECTION 142-484(2), "ACCESSORY USES," BY
ELIMINATING ACCESSORY OUTDOOR BAR COUNTERS AS AN
ACCESSORY USE IN THE 1-1 DISTRICT; BY AMENDING "SECTION
142-485 "PROHIBITED USES," TO INCLUDE BARS, DANCE HALLS OR
ENTERTAINMENT ESTABLISHMENTS NOT ALSO OPERATING AS
RESTAURANTS AS PROHIBITED USES IN THE 1-1 DISTRICT; BY
AMENDING DIVISION 5. "CD-2 COMMERCIAL, MEDIUM INTENSITY
DISTRICT," SECTION 142-302 "MAIN PERMITTED USES" BY
CREATING AN OVERLAY DISTRICT IN THE PURDY A VENUEIDADE
BOULEVARD AREA PROHIBITING BARS, DANCE HALLS OR
ENTERTAINMENT ESTABLISHMENTS NOT ALSO OPERATING AS
RESTAURANTS; PROVIDING FOR INCLUSION IN THE CODE OF THE
CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND
AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set the required public hearings for a
time certain on September 20,2001 for this proposed amendment to the Industrial District and
CD-2 Commercial District regulations ofthe Code of the City of Miami Beach.
AGENDA ITEM
C7;J
9-S-0(
DATE
Commission Memorandum
September 2001
Setting Public Hearingsfor Industrial and CD-2 Commercial District
Page 2
ANALYSIS (continued)
The proposed amendments to the 1-1 "Light Industrial District" and the overlay of the CD-2
"Commercial, Medium Intensity" district in the Purdy A venue/Dade Boulevard area of the City stem
from a referral by the City Commission requesting that the Planning Board review and make a
recommendation on these amendments.
Specifically, the following is noted with regard to each pertinent section of the code:
1. Section 142-481 "Purpose"
The amendment to this section would include offices as part of the district purpose which
currently is characterized by storage, processing, wholesaling, motor vehicle repairs and
towing services. The new Publix Supermarket is also located in this district, fronting on
20th Street, Bay Road and West Avenue.
The City of Miami Beach has a very limited industrial zoning district - a two-block area
north of Dade Boulevard and west of Alton Road, and a very limited area off the MacArthur
Causeway. Staff is concerned that to allow offices as a main use in this zoning district
would place a strain in the district by effectively limiting the areas where the light industrial
activities of the district could occur - activities that are necessary and support the
functionality of any community. Furthermore, office use, as a main permitted use is allowed
in any of the commercial and the RO, Residential Office zoning districts already in existence
throughout the city.
2. Section 142-484(2), "Accessory Uses,"
By amending this section as proposed, outdoor bar counters, which are allowed as an
accessory use, would be eliminated. Staff believes that this amendment would make the
industrial area more compatible with the district purpose.
3. Section 142-485 "Prohibited Uses,"
The purpose of this proposed amendment is to prohibit bars, dance halls and entertainment
establishments within the industrial district. Staffbelieves that this amendment would make
the industrial area more compatible with the district purpose. Any existing bars, dance halls
or entertainment establishments would become legal, non-conforming uses.
4. Division 5. "CD-2 Commercial, Medium Intensity District," Section 142-302 "Main
Permitted Uses."
The amendment proposed for this section was also a request from the City Commission and
stemmed from the numerous complaints received from the residents of the RM-3 district
(Sunset Harbor) which lies west of this commercial district. The amendment would prohibit
bars, dance halls or entertainment establishments as main permitted uses in this overlay
district, but would allow restaurants, such as Joe Allen's, which have full kitchens and serve
full meals, and have alcoholic beverage licenses. Staff believes that this amendment would
make the area of this commercial district more compatible with the surrounding area. As
Commission Memorandum
September 2001
Setting Public Hearingsfor Industrial and CD-2 Commercial District
Page 3
ANALYSIS (continued)
stated above, any existing bars, dance halls or entertainment establishments would become
legal, non-conforming uses.
The subject amendments require two advertised public hearings on the proposed ordinance, with
at least one hearing held after 5 :00 p.m. The public notice shall be advertised at least 7 days before
the first hearing date; the second notice shall be advertised at least 5 days prior the second public
hearing.
To enable the City Commission to hold a public hearing on the proposed amendment in a timely
manner at its September 20, 200 I meeting, the Administration is requesting that the public hearings
be set at this time.
Based on the foregoing, the Administration recommends that the City Commission set the required
first public hearing regarding the proposed amendment to the Industrial district regulations of the
City Code as referenced above and more particularly as set forth in the attached resolution, for
September 20, 2001.
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