2001-3328 ORD
ORDINANCE NO. 2001-3328
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, 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 AVENUEIDADE
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;
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 "1-1 Light
Industrial District," Section 142-481 "Purpose" of the Code of the City of Miami Beach, Florida is
hereby amended as follows:
Sec. 142-481. Purpose.
The 1-1 light industrial district is a utilitarian district characterized by offices on the second floor.
sales, storage, processing, wholesaling, motor vehicles repairs and towing services. This district shall
not include any residential uses.
SECTION 2. That Section 142-484 "Accessory Uses," is hereby amended as follows:
Sec. 142-484. Accessory uses.
The accessory uses in the 1-1 light industrial district are as follows:
(1) Those uses customarily associated with the district purpose. (See article IV, division 2 of this
chapter).
(2) A""\.Ivb50J.] outavOl ba.L GOu.u:tGJ.5, fJ1vv~d"d Hu\t tlJ.' 4C\.I\.I5S0J.] OlrldOOl bat COLUtlCl ~5 not
vp,-,lMC.d OJ. util~2.cd b"t~CCil lllidniJ!L culJ. 8.00 a.H~., IJ.vvvGvvJ., roJ. (l.1l Q\.Iv,-,550.l] outavol Leu GOLUitGl
nru,-.l.l~" ~dja\,;\J.nt to a prOpGlty vv.itL. CUI apa.Ll.lHvut tlu~t, 1111.... a(..(,G,,;:)vJ.] vutdOv.l bhL vOdlih..l1Uay not
be. opvutlcd or uti1~L..l",d 1....tvvc\,,/u 8.00 p.lll. and 8.08 a.uJ..
SECTION 3. That Section 142-485 "Prohibited Uses," is hereby amended as follows:
Sec. 142-485. Prohibited uses.
The prohibited uses in the 1-1 light industrial district are accessory outdoor bar counters, GX",-pt ~
pro v ;dcd in &ca;v,114Z-484. bars. dance halls. or entertaimnent establishments (as defined in Section
114-1 ofthis Code) not also operating as restaurants with full kitchens and serving full meals and
licensed as alcoholic beverage establishment.
SECTION 4. That Division 5, "CD-2 Commercial, Medium Intensity District," Section 142-302
"Main Permitted Uses," is hereby amended as follows:
Sec. 142-302. Main permitted uses.
The main permitted uses in the CD-2 commercial, medium intensity district are commercial uses;
apartments; apartmentlhotels; hotels; and uses that serve alcoholic beverages as listed in article V,
division 4 of this chapter (alcoholic beverages). Bars. dance halls. or entertaimnent establishments
(as defined in Section 114-1 of this Cod~) not also operating as restaurants with full kitchens and
serving full meals and licensed as alcoholic beverage establishment are prohibited on properties
generally bounded by Purdy Avenue on the west. 20th Street on the north. Alton Road on the east
and Dade Boulevard on the south
SECTION 5. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH. FLORIDA.
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 6. REPEALER.
That all Ordinances or parts of Ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 7. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 8. EFFECTIVE DATE.
This Ordinance shall take effect on the 27th day of
October
, 2001.
PASSED and ADOPTED this 17th day of
October
, 2001.
ATTEST:
II! MAYOR
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CITY CLERK
APPROVED AS TO
FORM AND LANGUAGE
& FOR EXECUTION
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Date
F:\PLAN\$PLB\JUL Y\2001 \1518AMNDl15180RD.WPD
CITY OF MIAMI BEACH
Neighborhood Services Department
Interoffice Memorandum
m
To:
Jorge M. Gonzalez
City Manager
Date: September 7,2001
Via:
Robert C. Middaugh
Assistant City Manager
From:
Max A. Sklar
Assistant to the Director
Subject: Sunset Harbour Task Force
On August 1,2001, the first meeting of the Sunset Harbour Task Force was held. Attached is a
copy of the agenda from that meeting, a list of the Task Force members, and the sign-in sheet
from the meeting. Following introductions, I provided a brief description of the purpose of
creating the Task Force and advised the members that they would be meeting for a term of six
months, as established by the City Commission. Raymond Heffron and Linda Arama were
selected as Chair and Vice-Chair respectively and the Task Force decided to schedule their
meetings on the second Thursday of every month for the next five months. Attached is a list of
their future meeting dates.
The Task Force then requested information regarding the following issues:
. Status report on the Sunset Harbour stormwater drainage improvements, specifically a
projected timeline and scope of work.
. Status report on Code Compliance issues developed previously with Sunset Harbour
Condominium representatives.
. Comprehensive review of parking
. Status report on the Dade Boulevard/17th Street/Purdy Drive intersection improvements.
. Development of a Neighborhood Master Plan that establishes a neighborhood vision with a
consistent look and feel. Issues to be reviewed as part of the master plan are parking
constraints, zoning regulations, and possibly enacting a temporary moratorium on clubs and
bars pending a comprehensive review.
The aforementioned issues will be used as the framework for subsequent Task Force agendas.
The Neighborhood Master Plan was identified as a priority by the Task Force and will be the
focus of the September 13, 2001 meeting.
Ci
,.
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARINGS
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NOTICE IS HEREBY given Ihat public hearings will be held by the Mayor and City Commission of the City 01 Miami Beach,
Florida, in the Commission Chambers, 3rd floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on
Wednesday, October 17, 2001, at the times listed below, to consider the adoplion of the following ordinances:
at 10:3Se.m.:
AN ORDINANCE AMENDING ORDINANCE NO. 789, THE CLASSifiED EMPlOYEES' SAlARY ORDINANCE, FOR THE GROUP I ClASSIFICATION, BEING THE
CLASSIFICATIONS COVERED BY THE MIAMI BEACH MUNICIPAl EMPLOYEES, AFSCME LOCAL NO. 1554, IN ACCORDANCE WITH THE NEGOTIATED AGREEMENT;
RETROACTIVELY INCREASING ON THE FIRST PAY PEAlOD STARTING APRIL 23, 2001 THE MINIMUM OF THE RANGES BY APPROXIMATELY 14.6% AND THE
MAXIMUM OF THE RANGES BY 4% TO REFLECT THE CURRENT CLASSIFICATION AND PAY SYSTEM; INCREASING THE SALARY OF EACH EMPlOYEE,
RETROACTIVELY BY 4% EFFECTIVE WITH THE FIRST PAY PERIOD STARTING ON OR BEFORE APRIL 23, 2001; BARGAINING UNIT EMPLOYEES SHALL RECEIVE AN
ACROSS THE BOARD INCREASE Of FOUR PERCENT (4%) WITH THE FIRST PAY PERIOD STARTING ON OR BEFORE APRIL 22, 2002, AND A FOUR PERCENT (4%)
INCREASE TO THE MINIMUM AND THE MAXIMUM OF THE RANGES; AND AN ACROSS THE BOARD INCREASE OF FOUR PERCENT (4%) WITH THE FIRST PAY
PERIOD STARTING ON OR BEFORE APRiL 30, 2003, AND A f'OUR PERCENT (4%) INCREASE 10 THE MINIMUM AND THE MAXIMUM OF THE RANGES; PROVIDING
FOR A REPEALER: SEVERABlUTY;COOIFICATION AND EFFECTIVE DATES.
Inquiries may be tlirec\ed to the Human Resources Department al (305) 673-7524.
et 10:40 a.m.:
AN ORDINANCE AMENDING CHAPTER 2, ARTICLE III, OFTHE MIAMI BEACH CITY CODE, ENTITLED'}GENCIES, BOARDS AND CQMMITTEES';AMENDlNG DIVISION
2B, SECTION 2.190.127 THEREIN, WHICH ESTABUSHEDTHE MEMBERSHIP AND PURPOSE OFTHE GENERAL OBLIGATION BOND OVERS:GHT COMMll1EE; SAID
AMENDM!:NT CHANGING THE MEMBER FROM lHE COMMUNITY DEVELOPMENT ADVISORY COMMITTEE AND THE MEMBER FROM THE CITY'S HISTORIC
PRESERVATION BOARD, RESPECTIVELY, fROM NON.VdTING MEMBERS, TO VOTING MEMBERS Of THE COMMITTEE; PROVIDING FOR SEVERABILITY:
CODifiCATION; REPEAlER: AND AN EFFECTIVE DATE.
Inquires may be directed to the Legal Department at (305) 673-7470
at 10:45 a.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT REGUl.ATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 116,
'ADMINISTRATIVE AJo.JD REVIEW PROCEDURES; ARTICLE VII, "DIVISION OF LANOA.OT SPLIT," BY AMENDING SECTION 118.321 "PflOCEDURE,' BY EUMINATlNG
THE REVIEW BY THE PLANNiNG DIRECTOR AND REQUIRING ALL REQUESTS FOR DIVISION OF LAND TO BE REVIEWED BY THE PLANNING BOARD; BY
AMENDING SECTION 118-323 'APPEAL PROCEDURES,' BY ELIMINATING THE APPEAL OF THE DECISION OF THE PLANNING DIRECTOR TO THE PlANNING BOARD,
AND BY ClARIFYING REVOCATION PROCEDURES: BY AMENDING "APPENDIX A, FEE SCHEDULE" ARTiClE VII. DIVISION OF l..ANOA.OT SPUr BY ADJUSTING THE
FEES PERTINENT TO THESE PROCEDURES: PROVIDING FOR INCLUSION IN THE CODE OFTI-IE ClrY OF MIAMI BEACH, FLORIDA; REPEALER;SEVERABIUTY; AND
AN EFFECTIVE DATl:.
Inquiries may be directed 10 tile Planning Df!partment al (305) 673-7550.
et10:50e.m.:
AN ORDINANCE OFTHE MAYOR...v.lD CITY COMMISSION OF MIAMI BEACH, FLORIDA, AMENOING VARIOUS SECTIONS OFTHE CITY CODE, INCLUDING THE lAND
OEVELQPMENT REGULATIONS, CONCERNING ART IN PUBLIC PLACES,...v.lD INVOlVEMENT IN THE SELECTION OF PUBLIC ART BYTHE DESIGN REVIEW AND THE
HISTORIC PRESERVATION BOARDS: AMENDING CHAPTER 82, ARTICLE VII, ART IN PUBliC PlACES, DIVISION 1, SECTION 82-537, DEFINITIONS, TO ADO TWO
MEMBERS OF THE DESIGN REVIEW OR HISTORIC PRESERVATION BOARDS TOTHE PROFESSIONAL ADVISORY COMMITTEE, DEPENDING UPON THE LOCATION
OF THE PROJECT AND THE RESPECTIVE BOARD'S JURISDICTION; AMENDING SECTION 82-612 TO PROVIDE THAT iN THE ABSENCE OF A PROFESSIONAL
ACNISORV COMMIITEE, THAT THE DESIGNATED DESIGNS REVIEW OR HISTOfIIC PRESERVATION BOARD MEMBERS SHALL SERVE AS SUCH COMMITTEE TO
ADVISE THE ART IN PUBLIC PLACES COMMITTEE:AMENDlNG SECTIONS 118-71(2) AND 118-tD2(3)TO PROVIOEnlATTHEJURISDlCTION OFTHE DESIGN REVIEW
AND HISTORIC PRESERVAlION BOARDS SHALL BE ADVISORY TO THE ART AND PUBLIC PlACES CQMMlffiE ON THE SELECTION OF WORKS OF ART. AND TO
PROVIDE THAT SUCH ADVICE BE PROVIDED PRIOR TO THE ART IN PUBliC PLACES COMMITTEE'S RECOMMENDATION TO THE CITY COMMISSION; PROVIDING
FOR CODIFICATION:SEVEf1ABILlTY; REPEAl.ER AND AN EFFECTIVE DATE.
Inquiries may be directed to the Arls. Cullural and Entertainment Deparlment al (305) 613-7577,
at 10:55 a.m.:
AN ORDINANCE AMENDING CHAPTER 138, "SIGNS" OFTHE CODE OFTHE CITY OF MIAMI BEACH, FlORIDA, BY AMENDING SECTION 138-6, 'SIGNS LOCATED ON
THE UNDERSIDE OF AWNINGS OR CANOPIES;' TO CLARIFY THE REQUIREMENTS FOR AWNING SIGNS: AMENDING SEC. 138.10, 'SIGNS FOR LEGAL
NONCONFORMING USES AND LEGAL NONCONFORMING SIGNS" TO INCLUDE PROVISIONS FOR RESTORATION AND REPlACEMENT OF HISTORIC SIGNS;
AMENDING SEC. 13B.72. "PENNANTS, BANNERS, STREAMERS, FLAGS AND FLAGPOLES", TO INCLUDE PROVISIONS TO ALLOW REPlACEMENT OF HISTORIC
FLAGS; AMENDING SEC, 13B.139, "MAJOR CULTURAL INSTITUTIONS TEMPORARY BANNER" TO INCLUDE PRO\II~ONS FOR ALL CULTURAL INSTITUTIONS:
PROVIDING FOR INCLUSION IN TIlE CODE OFTHE CITY OF MIAMI BEACH, FLORIDA; REPEALER;SEVERABILIlY; AND AN EFFECTIVE DATE.
aI11:30a.m.:
AN ORDINANCE AMENDING CHAPTER 13BOFTHE MIAMI BEACH CITY CODE ENTiTlED "SIGNS" BY AMEflKJlNG SECTION 138.74 THEREOF ENTITLED"DISPLAY Of
SIGNS OR ADVERTISEMENT ON PARKED VEHICLES PROHIBITED" BY EXPANDING tHE PROHIBITION OF ADVERTISEMENT ON VEHICLES TO PROHIBIT
A[NERTIS1NG VEHICLES OPERATING IN OR UPON THE FOLLOWING STREETS AND HIGHWAYS UNDER THE CITY'S JURISDICTION: ALL OF OCEAN DRIVE AND
lHE RESIDENTIAL AREA BOUNDED BY AND INCLUDING 6TH STREET ON THE SOUTH, NORTH LINCOLN LANE ON THE NORTH. LENOX AVENUE ON THE WEST.
AND DREXEL AVENUE AND PENNSYLVANIA AVENUE ON THE EAST; PROVIDING FOR EXEMPTIONS: PROVIDING FOR PENALTIES; AND PROVIDING FOR
CODIFICATION; REPEAl.ER; SEVERABILITY: AND AN EFFECTIVE DATE.
815:01 p.m.:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH. FLORIDA, AMENDING THE FUTURE LAND USE MAP OF THE
COMPREHENSIVE PLAN BY CHANGING THE FUTURE LAND USE CATEGORY FOR THE PKlPERTY KNOWN AS THE "AlASKA" PAnCEL. A PARCEL OF UNPlATTED
l.AND.QF APPROXIMATELY 3A ACRES, LOCATED NORTHWEST OF SOUTH POINTE PARK, FROM THE CURRENT MR. MARINE RECREATIONAL, TO THE PROPOS!;D
FUTURE LAND USE CATEGORY CPS.3, COMMERCIAL INTENSIVE MIXED USE: DIRECTING TRANSMITTALS OF THIS ORDINANCE AND ALL APPLICABLE
DOCUMENTS TO AFFECTED AGENCIES; PROVIDING FOR REPEALER; SEVERABILITY: INCLUSION IN THE COMPREHENSIVE PlAN AND AN EFFECTIVE DATE.
815:01 p.m.:
AN ORDINANCE OF THE MAYOR AND GITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORJDA, AMENDING THE OFFICiAl ZONING DISTRICT MAP,
REFERENCED IN SECTION 142.72 OF THE CODE OF THE CITY OF MIAMI BEACH. FLORIDA, BY CHANGING THE ZONING DISTRICT ClASSIFICATION FOR THE
PROPERTY KNO\It'N AS THE 'ALASKA" PARCEL, A PARCEL OF UNPlATTED LAND OF APPROXIMATELY 3.4 ACRES. LOCATED NORTHWEST OF SOUTH POlNTE
PARK, FROM THE CURRENT MR, MARINE RECREATIONAL. TO THE PROPOSED ZONJNG CLASSIFICATION CP&3 COMMERCIAL INTENSIVE MlXEO USE, THEREBY
INCREASING THE FLOOR AREA RATIO (FAR) FROM 0.25 AS PERMITTED IN THE MR ZONING DISTRICT, TO 2.50 FAR AS PERMITTED IN THE CPS.3 ZONING
OISTf1ICT: PROVIDING FOR REPEALER; SEVERABILITY; INCLUSION; AND AN EFFECTIVE DATE.
Inquiries may be directed 10 the Planning Department at (305) 673-7550.
at 5:25 p.m.:
AN ORDINANCE AMENDING THE LAND DEVELOPMENT nEGUlATIONS OF THE CODE OF THE CITY OF MIAMI BEACH. FLORIDA, AMENDING CHAPTER 142,
'ZONING DISTRICTS AND REGULATIONS; BY AMENDING DIVISION 1\ '\.1 LIGHT INDUSTRIAL OlSTRICT,' 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 I.' DISTRICT: BY AMENDING SECTION 142.465 "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. "CO.2 COMMERCIAL,
MEDIUM INTENSITY DISTRICT; SECTION 142.302 "MAIN PERMITTEO USES" BY CREATING AN OVERLAY DISTRICT IN THE PURDY AVENUEJDADE BOUlEVARD
AREA PROHIBIT1NG BARS, DANCE HALl.S OR ENTERTAINMENT ESTABLISHMENTS NOT ALSO OPERATING AS RESTAURANTS: PROVIDING I=OR INCLUSION IN THE
CODE OF THE CI11' OF MIAMI BEACH. FLORIDA; REPEALER: SEVERABILITY; AND AN EFFECTIVE DATE.
InquirIes may be direcled to the Planning Department at (305) 673.7550.
ALL INTERESTED PARTIES are illVited \Q appear atlhis lTIe{!~ng, Of be represented by an agel'll, or \0 express \haijr v~ in writing eddresses \0 the City Commission, do lhe
City Clerk. 1700 Convenlion Cllnter Drive, 1st Roor. City Hall, Miami Beach, Florida 33139, Copes 01 tl1ese ordinances are available lor ~ic inspection during normal business
hours in Ihe City Clerk's O~lce, 1700 Convenlion Center Drive, lsl Floor, CIly Hall. Miami 8eocll. Rorida 33139. This meeting may be oontirlJed and IXder such cifcu:nslances
a&.litiooallegalmljcewouklllOlbepfOvided.
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Roberl E. Parcl1er,CIly Clerk
City ol Miami Beach
PursuanIIoSectlon286.0105,Fla.Stat.,IheCllyherebyad'lisesthepUjictha1:IIapersondecidestoapPeal any decision made by Ihe CltyCormissioo wilh respect 10 any
maIler considered sills meeting Of ~s hearing. such person rlXasl ensure lhat a veroaJim record 01 the proeeedings is made. wnlch r800rd IrcIudes the testimony and eYidenc:e
upon which tile appeal is to be based. This nOOce does 001 oonsljMe consenl by th& City lor the IolrodlJC1ion or aclrn4ssion of ol~rMse Ioadmissilje or Irrelevalll evicl&nce, JlOI'
does ~ avtrorize chlllenges or 81lJeals 1101 otherwiOO allowed by law.
tn accordance w~h ltle Americans with [Jijsabiities Act 011990, persons needng special accorM1odaloo to parlicipale in Jhijs proceeding sholJd conlacllhe City Clerks office no
~'1P.rli\MlourdayspriorlotheploceedJlg.lelephone(305}673-7411forassislance;ffheariogimpaW'ed,telephonalheFlorida Relay Service r\untlers, {!IOO) 9S5-l3771 (TDO)or
(800) 955.6770 (VOICEl, t>r assislance " ~ ~ , . ',. . . '. ' ,
MU9
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
http:\\ci.miami-beach.fl.us
COMMISSION MEMORANDUM
TO:
Mayor Neisen O. Kasdin and
Members of tbe City Commission
DATE: October 17, 2001
FROM:
JorgeM.Gonzalez d"r/
City Manager "v- 0
SECOND READING - PUBLIC HEARING
Revisions to the 1-1 and CD-2 permitted uses.
SUBJECT:
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, 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 VENUE/DADE
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 approve this proposed amendment to
permitted uses in the 1-1, Light Industrial and CD-2, Commercial Medium Intensity zoning district
regulations of the Code of the City of Miami Beach, as approved by the Planning Board, who
recommended that office use only be allowed on the second floor of buildings in the 1-1, Light
Industrial zoning district.
PB File No. 1518
AGENDA ITEM I1SI.
DATE (O-/7-0(
Commission Memorandum
September 20, 2001
Public Hearing for 1-1 and CD-2
Page 2
ANALYSIS
The proposed amendments to the I-I "Light Industrial District" and the overlay of the CD-2
"Commercial, Medium Intensity" district in the Purdy AvenueIDade Boulevard area of the City
Code 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 ofthe 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 W est Avenue.
The City of Miami Beach has a very limited industrial zoning district - a 1-1/2 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 even more 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 all 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. Staff believes that this amendment would
make the industrial area more compatible with the district purpose.
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 ofthe RM-3 district
(Sunset Harbor) which lies west of this commercial district. The amendment would
Commission Memorandum
September 20,2001
Public Hearing for I-I and CD-2
Page 3
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.
PROCEDURE:
In accordance with Section 118-163(3), when reviewing a request for an amendment to the land
development regulations, the City commission shall consider the following when applicable:
1. Whether the proposed change is consistent and compatible with the comprehensive
plan and any applicable neighborhood or redevelopment plans.
Not Consistent - The proposed amendments will change the actual list of permitted uses
in this zoning category and thus require a Comprehensive Plan amendment to Policy 1.2
of the Future Land Use Element. In addition, offices as a main permitted use in the
industrial district would place a strain in the district by effectively limiting the light
industrial activities ofthe district.
2. Whether the proposed change would create an isolated district unrelated to adjacent
or nearby districts.
Partially Consistent - The proposed amendments would not create an isolated district.
Some, but not all ofthe proposed amendments would rather enhance the district purpose
of the light industrial zoning district.
3. Whether the change suggested is out ofscale with the needs ofthe neighborhood or
the city.
Partially Consistent -Some ofthe proposed amendments to the code would help protect
the existence of the light industrial districts in the city.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure.
Consistent - The proposed change may help lessen the load on public facilities and
infrastructure.
Commission Memorandum
September 20, 2001
Public Hearing for 1-1 and CD-2
Page 4
5. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Not Applicable
6. Whether changed or changing conditions make the passage of the proposed change
necessary.
Partiallv Consistent - Some of the proposed amendments would clarifY existing
regulations and update and adapt those regulations to the needs of the community.
Currently, development pressures on the light industrial district for purposes other than
those included in the land development regulations of the city code require these
amendments.
7. Whether the proposed change will adversely influence living conditions in the
neighborhood.
Consistent - No adverse impact will result from some of the proposed amendments. In
fact, the quality of life may improve in the surrounding neighborhood.
8. Whether the proposed change will create or excessively increase traffic congestion
beyond the levels of service as set forth in the comprehensive plan or otherwise affect
public safety.
Consistent - Some of the proposed amendments may lower any traffic congestion that
currently may exist.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
Consistent - The proposed amendments would not change the height or density as set forth
in the land development regulations of the city code for this zoning district.
10. Whether the proposed change will adversely affect property values in the adjacent
area.
Consistent - It is not anticipated that the property values of adjacent areas would be
adversely affected.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
Commission Memorandum
September 20,2001
Public Hearing for 1-1 and CD-2
Page 5
Consistent - The proposed amendments will not be a deterrent to improvements or
development of adjacent properties.
12. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
Consistent - The proposed amendments would eliminate some of the permitted uses in the
existing zoning districts for reasons that look towards the improvement of the quality oflife
in the surrounding residential district.
13. Whether it is impossible to find other adequate sites in the city for the proposed use
in a district already permitting such use.
Consistent - There are many zoning districts in the city that would permit bars, dance halls,
entertainment establishments and offices. The I-I, Light Industrial zoning district may
suffer irreparable damage if the district purpose and existing permitted uses are amended
by including office use in this zoning district.
Planning Board Action
The Planning Board held a public hearing at its July 31,2001 meeting and voted unanimously 5-0
(two members absent) to recommend to the City Commission approval of the proposed
amendment, but differing from staff s recommendation !Jill to allow office use in the industrial
district. The Planning Board recommended that office use should be permitted on the second floor
of buildings in this district.
Commission Action
At the September 20, 2001 public hearing, the City Commission adopted, on first reading, the
proposed amendment without any changes.
Conclusion
Based on the foregoing, the Administration recommends that the City Commission approve the
proposed ordinance on second reading.
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