2009-3663 OrdinanceORDINANCE NO. 2009-3663
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LANG
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 142-487
"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 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 heave 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, not
utilizing heave 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) Hand car wash services, a~+te
~~
(7) Artisan studios, including but not limited to
crafts, furniture, cabinet and wood working shops, glass blowing and similar
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) Any use similar and compatible to the uses described in this district and
the district purpose as determined by the planning director.
2
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;
u automobile service stations;
mechanical car wash facilities;
auto repair;
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;
Developments on properties +~ade-aa-of-~aefe greater than 20.000 sgu~
u machine. welding, and printing shops, involving heavy machinery
recycling receiving stations;
,(9~ utilities;
L OZ residential uses, including live-work units, when included in rehabilitation
of buildings existing as of October 24. 2009:
L 1~ ;neighborhood impact establishment;
. and,
S~ towing services:
Lots reviewed pursuant to the conditional use process shall also comply
with the following criteria:
use.
3
(c) Towing yards must be fully screened from view as seen from any
right-of-way or adioining property, when viewed from five feet six
(d) Parking spaces, backup areas and drives shall be appropriately
dimensioned for the type of vehicles being parked or stored.
(e) Towing yards shall be required to satisfy the landscaping
chapter 118, article VI.
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 aN residential uses, except as provided for in
Section 142-483(10).
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.
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.
(2) Side yard, interior: Ten feet when abutting a residential district, otherwise
none.
4
(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 2. 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 3. 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 4. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 5. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this 14th day of October
2009.
Matt~errera Bower MAYOR
ATTEST:
IA IM~~ , ~CI/1.(~
CI CLERK Robert Parcher
First Reading: September 9, 2009
Second Reading: October 14, 2p0!
Verified by:
Director
denotes new language
APPROVED AS TO
~ORM AND LANGUAGE
~& FORE E UTION
11 2 09
Attorney. Date
T:WGENDA~2009\October 14\Regular\I-1 ordinance FINAL ADOPTED 10-14-09 ORD.doc
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance 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 the setback
re uirements for the I-1 Urban Li ht Industrial zonin district.
Ke Intended Outcome Su orted:
Increase satisfaction with neighborhood character; quality of life.
Supporting Data (Surveys, Environmental Scan, etc
64.1% of residents and 68.2% of businesses said the level of code enforcement and ordinances
established by the City of Miami Beach government is "about the right amount."
Issue:
Should the City Commission adopt the proposed ordinance which would modify the permitted uses in
the I-1 Li ht Industrial zonin district to address citizen's concerns re ardin incom atible uses?
rcem summaryirtecommen
SECOND READING PUBLIC
The proposed ordinance changes the permitted and conditional uses in the I-1 Light Industrial zoning
district. Several of the more intense light industrial uses that are currently permitted as of right would
become conditional uses, subject to Planning Board review. The list of permitted uses is refined to
reflect more modern and typical uses. 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. New residential uses could be introduced in the adaptive re-use of existing buildings as a
conditional use.
The Administration recommends that the City Commission adopt the proposed ordinance.
A_ dvisory Board Recommendation:
At the June 23, 2009 meeting the Planning Board by a vote of 6-0 (one member absent)
recommended adoption of the proposed ordinance.
Financial Information:
Source of Amount Account
Funds: ~
Z
3
OBPI Totat
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 can be expected to have
little or no fiscal im act, and an im act that is roduced would be ex ected to be ositive.
Jorge Gomez or
® MIAlV11 BEACH
AGENDAtTEM RST
DATE ~'~ ' O
m MIAMIBEACH
CiTy of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, v+ww.miamibeachfl.gov
COMMISSION MEMORANDUM
To: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: October 14, 2009 ~ Second Reading Public Hearing
SuB1ECT: Proposed Changes to the I-1 Urba ght Industrial District
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 142-487
"SETBACK REQUIREMENTS;" PROVIDING FOR REPEALER,
SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the ordinance upon
second reading public hearing.
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. It is this ordinance that is before the City Commission today.
ANALYSIS
The proposed ordinance would change the permitted and conditional uses in this zoning
district. The list of permitted uses has been refined to reflect more modern uses typical
in today's Miami Beach environment. 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. Machine shops, auto repair, mechanical car washes and towing
City Commission Memorandum
Proposed Changes to the I-1 Urban Light Industrial District
October 14, 2009 Page 2
yards would all now require Conditional Use approval from the Planning Board. This will
ensure that these uses, which have the potential to negatively impact surrounding areas
of the neighborhood if not properly controlled, will receive careful review on a case-by-
case basis. The ordinance includes criteria to be used by the Planning Board when
reviewing towing yards, as these uses should be carefully controlled and their impacts
upon the surrounding properties managed.
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, as a conditional use.
COMMISSION COMMITTEE ACTION
At the May 4th, 2009 meeting, the Land Use and Development Committee discussed the
proposed ordinance and referred it to the Planning Board for review and comment.
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).
COMMISSION ACTION
At the September 9~', 2009 meeting, the City Commission approved the proposed
ordinance on first reading.
FISCAL IMPACT
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 can be expected to have little or no fiscal impact, and any impact
that is produced would be expected to be positive, as the neighborhood-friendly uses
which are encouraged by the ordinance tend to be higher value added than typical
industrial uses.
CONCLUSION
The Administration recommends that the City Commission approve the ordinance as it
addresses the stated concerns of the neighboring community regarding the future uses
within the subject district while also maintaining a viable area for light industrial uses.
Attachments
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From: Marilyn Freundlich (mfinefex@bellsouth.netj
Sent: Friday, August 28, 2009 10:26 AM
To: Gomez, Jorge; Bower, Matti H.; Libbin, Jerry; Lamazares, Mercedes;
Lorber, Richard; Diaz, Victor; Wolfson, Jonah; Tobin, Ed; Weithorn,
Deede; Gross, Saul
Subject: Notice Public Hearing I-1 Light Industrial District
Kindly enter this email in the record at this hearing on September 9, 2009. Thank you.
Honorable Mayor,Commissioners, Mr. Gomez, Mr. Lorber and Ms. Lamazares:
My apologies for not being present at this very important meeting, but my daughter is
getting married today, as you read this letter. f guess that is a valid excuse to miss this
very important and long-awaited meeting.
You all know how hard we have worked with Mr. Gomez and the Planning Department
to achieve this zoning amendment. I urge you to pass its first reading today. This is a
much-sought improvement for the Sunset Harbour neighborhood and we are sure a
catalyst for better development and use of the already existing buildings.
Thank you. again for all the time and assistance you have dedicated to our
neighborhood.
Marilyn Freundlich
Gomez. Jorste
From: Marilyn Freundlich [mfinefex~bellsouth.net]
Sent: Friday, August 28, 2009 10:26 AM
To: Gomez, Jorge; Bower, Matti H.; Libbin, Jerry; Lamazares, Mercedes; Lorber, Richard; Diaz,
Victor; Wolfson, Jonah; Tobin, Ed; Weithorn, Deede; Gross, Saul
Subject: Notice Public Hearing I-1 Light Industrial District
Follow Up Flag: Follow up
Flag Status: .Flagged
Kindly enter this email in the record at this hearing on September 9, 2009. Thank you.
Honorable Mayor,Commissioners, Mr. Gomez, Mr. Lorber and Ms. Lamazares:
My apologies for not being present at this very important meeting, but my daughter is getting married today, as you read this letter. I
guess that is a valid excuse to miss this very important and long-awaited meeting.
You all know how hard we have worked with Mr. Gomez and the Planning Department to achieve this zoning amendment. I urge you
to pass its fast reading today. This is amuck-sought improvement for the Sunset Harbour neighborhood and we are sure a catalyst for
better development and use of the already existing buildings.
Thank you again for all the time and assistance you have dedicated to our neighborhood.
Marilyn Freundlich
729
Gomez, Jorge
From: Nanlieb~aol.com
SeM: Sunday, August 30, 2009 10:49 AM
To: Gonzalez, Jorge; Gomez, Jorge
Subject: Fwd: (no subject)
Follow Up Flag: Follow up
Flag Status: Flagged
FYI FOR DISTRIBUTION
From: Nanlieb
To: MayorBower@miamibeachfl.gov, saul@miamibeachfl.gov, Jerryti~miamibeachfl.gov,
JONAH@MIAMIBEACHFL.GOV, edtobin(ci)ratnertobin.com, DEEDE~MIAMIBEACHFL.GOV,
victor~M iamibeachfl.gov
Sent: 8/30/2009 10:47:49 A.M. Eastern Daylight Time
Subj: (no subject)
SEPTEMBER 1, 2009
Honorable Mayor Matti Bower
City of Miami Beach Commissioners
RE: THE INDUSTRIAL DISTRICT
Dear Mayor and Commissioners,
I am happy I finally have the opportunity to support the positive
zoning changes in the Industrial District. The legislation will enable
residential work spaces in the older structures which line the
district. This change has been supported by the residential
community, the Belle Isle neighborhood and of course, my
daughter, son-in-law and grandchild, residents of the area. The
residents and interested land owners have worked for the past four
years to develop this and other new concepts for the neighborhood.
The proposed zoning changes will allow the district to become a
better mix in a mixed use area that will now include live/work/loft
spaces. The addition of live/work/ loft spaces will make the
730
neighborhood a more vibrant place to live, work, dine and utilize
local services - a true urban area and a good model for the
utilization of older warehouse buildings. The legislation will not
allow for new residential buildings, thus keeping the flavor of a
"light industrial" mixed use.
I will not be at the meeting as 1 am out of town for the summer. I
thank you for all of your support you have offered the district in the
past. You know the neighborhood has prospered with your help. I
urge you to support the current zoning change that will encourage
new uses for the Industrial District and better live-style for the
future.
Sincerely,
Nancy Liebman
z
731
THURSQ,0.'{, OCTOBERy3009 1 ~3M6
THE MIAMI ramr era .com
m MIA7vTI~ACH
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
I-1 LIGHT INDUSTRIAL DISTRICT
NOTaCE IS HEREBY given that a second reading
and 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 Convemion Center Drive, Miami ~ r
Beach, Florida, on Wednesday, October, 14, 2009
at 5:05 P.M., 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 Artd Regulations," Division
11, "I-1 Light Industrial District," By Amending
The List Of Perrtritted, Conditional And Prohibited
Uses; And By Amending Section 142-487 "Setback
Requirements."
Inquiries may be directed to the Planning Department
at (305) 673-7550.
"'IiyTERE:STED .PARTIES are invited to appear at
this meeting or be represented by an agent or to
express their vrews.in writing addressed to the City
Commission c% the .City Clerk, 4700 Convention
CenterDrive,l" Floor, City Hall, Miami Beach, Florida
33139. This meeting may be opened and continued
and undersuch circumstances additional legal notice
would not be provided.
• Pursuant to Section 286.0105, FL Statutes, 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 Rs meeting
or its hearing,' such person must ensure that a
verbatim record of the proceedings is made, which
record includes the testimony and evidence upon
which the appeal is to be based. This notice doe;
not constkute consent by the City forthe 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 eny 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).
r
Ad ff564