2009-27110 ResoRESOLUTION NO. 2009-27110
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," DIVISION 11, "I-1 LIGHT INDUSTRIAL
DISTRICT," BY AMENDING THE LIST OF PERMITTED, CONDITIONAL
AND PROHIBITED USES; AND BY AMENDING SECTION 142-487
"SETBACK REQUIREMENTS."
WHEREAS, the residents of the Sunset Harbor neighborhood are concerned that uses
in the I-1 Urban Light Industrial District may have an adverse impact on their quality of life; and
WHEREAS. the Land Use and Development Committee discussed the I-1 Urban Light
Industrial district in the context of the Sunset Harbour neighborhood and directed staff to
address resident's concerns about incompatible uses by amendments to the existing district
regulations; and
WHEREAS. Planning Department staff held a community workshop meeting with Sunset
Harbour residents, and has crafted a proposed ordinance amendment reflecting the consensus
reached with regard to the various uses which would be permitted in the district.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMM/SSlON OF THE CITY OF MlAM/ BEACN, FtORIOA, that a first reading public
hearing shall be held on September 9, 2009 to consider the proposed amendment to the
Land Development Regulations of the City Code.
PASSED AND ADOPTED this 15rh day of •tl=1y .2009.
ATT ST: M O
~~~~~~ ~~~~) ~~~ Mstti Herrera Bowez
CITY CLERK {~ APPROVED AS
Robert Parcher TO FORM & LANGUAGE
& FOR EXECUTION
City Attorney ~ Date
F.tPLAN'•$PLB'drafl ortlinancest1937 - I-1 Urcan Light Indcstnal -phase 2'•.Reso selling puol'.c ieanngdocx
COMMISSION ITEM SUMMARY
Condensed Title:
A Resolution Setting A Public Hearing To Consider A Proposed Amendment Of The List Of Permitted,
Conditional And Prohibited Uses; And B Amendin Section 142-487 "Setback Requirements."
Ke Intended Outcome Su ported:
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 changes to the district
re ulations for the I-1 Li ht IndusUial Zonin District.
resolution would set the first reading public hearing for the proposed ordinance for the
2009 meeting.
The proposed ordinance would change the permitted and conditional uses in this zoning disUict.
Several of the more intense light indusVial uses that are currently permitted as of right; would now
become conditional uses, subject to Planning Board review. Additionally, the list of permitted uses has
been refined to reflect more modern uses typical in todays Miami Beach environment. The
aggregation of lots resulting in developments on properties greater than 20,000 square feet would now
also be subject to conditional use review by the Planning Board, in order to more fully review the
effects of larger developments and lot aggregation. Finally, new residential uses could be introduced
in the adaptive re-use of existing buildings.
The Administration recommends that the City Commission set the first reading public hearing for the
Adviso Board Recommendation:
At the June 23, 2009 meeting the Planning Board by a vote of 6-0 (one member absent)
recommended ado lion of the ro osed ordinance.
Source of Amount Account
Funds: ~
2
3
OBPI Total
Financial Impact Summary:
Not Applicable
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Richard Lofier
Si n-Offs:
De artment Dire Assis nt City Manager City Manager
r=_
T:\4G A Wuly 151Consen etting ublic Hearing - 11 Light Industrial DisUicl sum.docx ---- --- - -- ~
m M I AM I BEAC H AGENDA ITEM G7Cr
DATE 7~~~~J9
m MIAMIBEACH
City of Miami Beach, 1766 Cenvemio•i Caner C/ve. Mio-i 5ao:h, florion 331?9. •.wrN.miembw.chll.gev
COMMISSION MEMORANDUM
To Mayor Matti Herrera Bower and Members of the City Commission
rRUM: Jorge M. Gonzalez, City Manager
DATE: July 15, 2009 (~~ `
SUBJECT SETTING OF THE PUBLIC HEARING
Proposed Changes to the I-1 Urban Light Industrial 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,"
DIVISION 11, "I-1 LIGHT INDUSTRIAL DISTRICT," BY AMENDING THE
LIST OF PERMITTED, CONDITIONAL AND PROHIBITED USES; AND BY
AMENDING SECTION 142-487 "SETBACK REQUIREMENTS."
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission set a first reading public
hearing for the September 9, 2009 meeting.
BACKGROUND
Several months ago the Land Use and Development Committee discussed the I-1 Urban
Light Industrial district in the context of the Sunset Harbour neighborhood. At that time
the Committee discussed rezoning of the area. but ultimately decided to address
resident's concerns about incompatible uses by amendments to the existing district
regulations.
To that end. Planning Department staff held a community workshop meeting with Sunset
Harbour residents: and has crafted a proposed ordinance amendment reflecting the
consensus reached with regard to the various uses which would be permitted in the
district.
ANALYSIS
The proposed ordinance would change the permitted and conditional uses in this zoning
district. Several of the more intense light industrial uses that are currently permitted as
of right would now become conditional uses. subject to Planning Board review.
Additionally. the list of permitted uses has been refined to reflect more modern uses
typical in today's Miami Beach environment. The aggregation of lots resulting in
developments on properties greater than 20.000 square feet would now also be subject
City Commission Memorandum
Setting Public Hearing - l-1 Light Industrial District
July 15. 2009 Page 2
to conditional use review by the Planning Board: in order to more fully review the effects
of larger developments and lot aggregation. Finally, new residential uses could be
introduced in the adaptive re-use of existing buildings.
LAND USE AND DEVELOPMENT COMMITTEE
The Land Use and Development Committee referred an ordinance to make towing
services conditional uses in the I-1 Light Industrial District to the Planning Board at its
May 4, 2009 meeting.
PLANNING BOARD ACTION
At the June 23. 2009 meeting the Planning Board recommended that the City
Commission adopt the proposed ordinance by a vote of 6-0 (one member absent).
CONCLUSION
The Administration recommends that the City Commission set a first reading public
hearing for the September 9, 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.
JMG/TH/JGGlRGL
T'+AGENDAt2009Uu1y 15tConsent'Sethng Public Hearing - n t.ighl Industrial District memc.docx
ORDINANCE NO_
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, "ZONING DISTRICTS
AND REGULATIONS," DIVISION 11, "I-1 URBAN LIGHT INDUSTRIAL
DISTRICT," BY AMENDING THE LIST OF PERMITTED, CONDITIONAL
AND PROHIBITED USES; AND BY AMENDING SECTION 142-d87
"SETBACK REQUIREMENTS;" PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
WHEREAS, the residents of the Sunset Harbor neighborhood are concerned that uses
in the I-1 Urban Light Industrial District may have an adverse impact on their quality of
life; and
WHEREAS, the Land Use and Development Committee discussed the I-1 Urban Light
Industrial district in the context of the Sunset Harbour neighborhood and directed staff to
address resident's concerns about incompatible uses by amendments to the existing
district regulations; and
WHEREAS, Planning Department staff held a community workshop meeting with Sunset
Harbour residents. and has crafted a proposed ordinance amendment reflecting the
consensus reached with regard to the various uses which would be permitted in the
district.
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. That Chapter 142, "Zoning Districts and Regulations," Division 11, "I-1 Light
Industrial District," is hereby amended as follows:
DIVISION 11. I-1 LIGHT INDUSTRIAL DISTRICT
Sec. 142-481. Purpose.
The primary purpose of the I-1 urban light industrial district is to permit light
industrial uses that are generally compatible with one another and with adjoining
residential or commercial districts. Uses that are compatible and complement
light industrial uses, such as a limited range of offices, and commercial uses shall
also be permitted. This district shall not include any residential uses, except as
provided for herein.
Sec. 142-482. Main permitted uses.
The main permitted uses in the I-1 urban light industrial district are those uses
that are consistent with the district purpose including the following:
(1) Assembly or packaging of goods not utilizing heavy machinery. including
food and beverage products. small electronics, watches, jewelry, clocks,
musical instruments. and products from previously prepared materials
(cloth, leather, canvas, rubber, etc.);
(2) Light manufacturing, not utilizing heavy machinery, including: ceramic
products, glass products, hand tools, and electronic equipment;
(3) Professional, business, research or administrative offices, either as a main
permitted use or as part of a permitted light_industrial use;
(4) Printing, engraving, lithographing, media services and publishing~ot
utiiizinq heavy machinery;
(5} Wholesale businesses and sales, warehouses, mini and other storage
buildings, and distribution facilities, except those storing or distributing
flammable or explosive materials:
(6) Ak~te+~ebile-servi -ding Hand car wash services, aufe
repair; a+~d-tewing senriees;
(7} ~•~ steep-~veldiag-sloop Artisan studios, including but not limited to
crafts, furniture, cabinet and wood working shops, glass blowing and
sirnilar shops;
(8) Plumbing, electrical, air conditioning and other similar type shops, which
may wholesale and store parts on site;
(9) Tailoring services, including dry cleaning;
(10) Main use parking garages and parking lots;
(11) Utilities;
(12) Landscaping services, including nursery facilities:
(13) Commercial uses that provide support services to the light industrial uses
and to the adjacent RM-3 residents, including retail sales, photocopying,
coffee shop, standard restaurant, video rental, bank;
(14) Marine-related uses (when located adjacent to waterfront areas); and
(15) Residential uses including live-work units when included in rehabilitation
of buildings existing as of the date of this ordinance (no new floor area
may be added): and
2
(16) Any use similar and compatible to the uses described in this district and
the district purpose as determined by the planning director.
Sec. 142-483. Conditional uses.
The conditional uses in the I-1 urban light industrial district are any use that
includes the retail sale of gasoline automobile service stations, mechanical car
wash facilities, auto repair, towing services; new construction of structures, as
defined in section 114-1, of 50,000 square feet and over, which review shall be
the first step in the process before the review by any of the other land
development boards: machine welding and printing shops involving heavy
machinery: recycling receiving stations; utilities; eetdeeF-entertainatent
estabksh+x~ent; neighborhood impact establishment; epea--aiF-entertainment
estaol;sn,n~;t.
Sec. 142-484. Accessory uses.
The accessory uses in the I-1 urban light industrial district are as follows: Those
uses customarily associated with the district purpose. (See article IV, division 2 of
this chapter).
Sec. 142-485. Prohibited uses.
The prohibited uses in the I-1 urban light industrial district are accessory outdoor
bar counters, bars, dance halls, or entertainment establishments (as defined in
section 114-1 of this Code) and all residential uses, except as provided for
herein.
Sec. 142-486. Development regulations.
There are no lot area, lot width or unit area or unit size requirements in the I-1
light industrial district. The maximum floor area ratio, building height and story
requirements are as follows:
(1) Maximum floor area ratio is 1.0.
(2) Maximum building height is 40 feet.
(3) Maximum number of stories is four.
(4) Minimum and average apartment unit size shall follow the CD-2
development regulations.
Sec. 142-487. Setback requirements.
The setback requirements for the I-1 light industrial district are as follows:
(1) Front yard: 20 feet when abutting a residential district, otherwise none
3
(2) Side yard, interior: Ten feet when abutting a residential district, otherwise
none.
(3) Side yard, facing a street: Ten feet when abutting a residential district,
otherwise none.
(4) Rear yard: Ten feet when abutting a residential district, otherwise none.
SECTION 3. 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 4. 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 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this day of , 2009.
MAYOR
ATTEST:
CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
First Reading: April 16, 2008
Second Reading: June 25. 2008
City Attorney Date
Verified by:
Jorge G. Gomez. AICP
Planning Director
Underscore denotes new language
F.WLANISPLB`.drafl ordlnances'd 937 - 14 Urban Light IntlusUiaf -phase 2'~Arak I-1 ordinance 06-08-09 rg7.docx