Loading...
2011-3715 Ordinance } ORDINANCE NO 2011 -3715 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," ARTICLE 11 "DISTRICT REGULATIONS," DIVISION 18 • "PS PERFORMANCE STANDARD DISTRICT," AMENDING SECTION 142 -693 "PERMITTED USES," BY PERMITTING LOW IMPACT CAR WASHING AND AUTO DETAILING IN THE CPS -2 DISTRICT, WHEN COMPLETELY CONTAINED WITHIN A PARKING GARAGE STRUCTURE, AND NOT VISIBLE FROM THE STREET OR PUBLIC RIGHT -OF -WAY; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, while commercial uses are permitted within the Commercial districts, the CPS -2 district regulations contain a prohibition for car washes, filling stations and any use that sells gasoline, automobiles or auto repair, as these uses are treated as industrial uses for purposes of the redevelopment area and not permitted there; and WHEREAS, car wash services within the City are limited to the Urban Light Industrial 1 -1 district, and as accessory uses to existing, and to non- conforming gas stations when the provision of a generator is part of a renovation; and WHEREAS, commercial car washes could potentially be permitted in other Commercial zoning districts if completely enclosed and not outwardly apparent as an automobile related use; and WHEREAS, these types of accessory car washes should not cause disruption to neighboring properties if contained properly; and WHEREAS, this type of service would be in the best interest of the City and the general welfare of its residents. NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS: Section 1. That Chapter 142, "Zoning Districts and Regulations," Article 11 "District Regulations," Division 18 "PS Performance Standard District," is hereby amended as follows: . Sec. 142 -693. Permitted uses. (b) For purposes of this section, a car wash, filling station and any use that sells 9 Y gasoline, automobiles or automotive or related repair uses are considered as industrial uses and are not permitted in the redevelopment area However, notwithstanding the foregoing, within the CPS -2 zoning district, low impact car washing and auto detailing are permitted when located completely contained within a parking garage structure, and is not visible from the street or public right -of -way. For purposes of this ordinance, low impact car wash means mobile type car washes or wand car washes, and excludes rollover or tunnel car washes. Section 2. Repealer. All ordinances or parts of ordinances and all sections 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 19thday of January , 201 . I1 / // 1 . �: -!�� MAYOR ATTEST: - - ka, X CIA CI CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EX z C ION 4 J/ jJ IzLIIu 4 1 V �, ' ttorney Date ► First Reading: Second Reading: d Verified by: 4 \----- 0■ Richard G. Lorber, AICP Acting Planning Director Underscore denotes new language. gh denotes deleted language. F:\PLAN\$PLB \draft ordinances \1978 - car wash in CPS2 \ordinance.doc 2 of 2 1 / COMMISSION ITEM SUMMARY Condensed Title: 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," Article II "District Regulations," Division 18 "PS Performance Standard District," Amending Section 142 -693 "Permitted Uses," By Permitting Low Impact Car Washing And Auto Detailing In The CPS -2 District, When Completely Contained Within A Parking Garage Structure, And Not Visible From The Street Or Public Right -Of -Way. Key Intended Outcome Supported: Neighborhood satisfaction and Maintain strong growth management policies. Supporting Data (Surveys, Environmental Scan, etc Nearly half of all residential respondents, 47.6 %, suggested the effort put forth by the City to regulate development is "about the right amount." Issue: Should the City Commission allow low impact car washing and auto detailing in parking structures-in the C -PS2? Item Summary /Recommendation: SECOND READING PUBLIC HEARING Currently, Section 142 -692 of the City Code contains a list of uses permitted in each district within the PS Performance Standards districts, the area located south of Sixth Street, and from the Atlantic Ocean to Biscayne Bay, which is analogous to the previously existing redevelopment area. As such, although commercial uses are permitted within the Commercial districts such as CPS -2, the development regulations for this zoning district contain a prohibition that car washes, filling stations and any use that sells gasoline, automobiles or auto repair, as they are considered industrial uses and not permitted in the redevelopment area. While there has been strong demand for car wash services within the City, these are limited to the Urban Light Industrial 1 -1 district, and as accessory uses to existing non- conforming gas stations when part of a renovation including the provision of a generator. However, while completely enclosed commercial car washes may be potentially permitted in other Commercial zoning districts, in the case of the C -PS2, even that possibility does not exist, because of the blanket prohibition on car washes contained in the section. , The Administration recommends that the City Commission adopt the proposed ordinance. Advisory Board Recommendation: At the October 26, 2010 meeting, the Planning Board recommended that the City Commission approve proposed ordinance by a vote of 5 -1 (one member absent). Financial Information: Source of Amount Account Funds: 1 2 3 OBPI Total Financial Impact Summary: The proposed ordinance is not expected to have any fiscal impact upon the resources of the City at this time. City Clerk's Office Legislative Tracking: Richard Lorber or Mercy Lamazares Sign -Offs: ' Depa ' ent Director A. sistant City anager City Manager ovemimm raw. ; - 1,47M1r4 0 Iktera ■ .. .41111111bil■ T:\AGEND \2011\1-19-11\1* 78 - car wash in C su oc IP P 4110 AGENDA ITEM RS P iimmor MIAMI BEACH DATE I q 0-- MIAMI BEACH 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 Commission FROM: Jorge M. Gonzalez, City Manager DATE: January 19, 2011 —° Second Reading Public Hearing SUBJECT: Allow low impact car washing and detailing in the C -PS2 zoning 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," ARTICLE 11 "DISTRICT REGULATIONS," DIVISION 18 "PS PERFORMANCE STANDARD DISTRICT," AMENDING SECTION 142 -693 "PERMITTED USES," BY PERMITTING LOW IMPACT CAR WASHING AND AUTO DETAILING IN THE CPS -2 DISTRICT, WHEN COMPLETELY CONTAINED WITHIN A PARKING GARAGE STRUCTURE, AND NOT VISIBLE FROM THE STREET OR PUBLIC RIGHT -OF -WAY; PROVIDING FOR REPEALER, CODIFICATION, SEVERABILITY AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the proposed ordinance. BACKGROUND At the July 29, 2010 meeting, the Land Use and Development Committee discussed a request made by the City Commission, at its July 14, 2010 meeting, for a possible amendment to the development regulations of the C -PS2 zoning district that would permit low impact car washing and detailing within a parking structure Historical Background The South Shore Redevelopment Agency was created in 1973. At that time the agency g y prepared a redevelopment plan, The South Shore Redevelopment Plan," adopted on March 2, 1977. The Plan called for "predominant clearance of buildings and the selection of a master developer. In 1982, after failing to select a master developer, the City abandoned the 1976 Redevelopment Plan and appointed a committee to prepare a new revitalization strategy for the area. City Commission Memorandum File 1978 - low impact car washing and detailing in the C -PS2 zoning district January 19, 2011 Page 2 Ordinance No. 84 -2439, 2 , RM I adopted on September 19, ¶ : i ! :'1 � - � � �� 1984 establi h s ed the PS ,� -. Performance Standard Eon. 1 1 1 Co District for the South Shore ea lr: , I f-- , 0- =i� Cn Redevelopment area and the J ; , ,c- , . q development regulations for RM.2 r i ; ;;-�;-C n ; - - the district. g am, • - , R ..: •r f Ordinance 89-2665, known 1 f� 1 HE1 ; ;— � 1 r ; . i , as the Comprehensive GU —P RM R � , �.. Zoning Ordinance, which S 16 - I , o� ; =E became effective on October i rms , ` -" r - 1 1989 which amended ' i 1 previous zoning ordinances, ` included a restriction in the 1,1M PS Performance Standard a - R = District for filling stations and � . 3 any use that sells gasoline or \ R5 -ate automotive or related repair uses. These uses were 1 --��' RP! , considered industrial uses yP §�- and not to be permitted in the Redevelopment Area Ordinance 94 -2908 amended .PR ? � the Comprehensive Zoning Ordinance No. -2 89 665. Among the amendments was new text clarifying the uses allowed in the PS Performance Standard District by including in the uses not permitted the sale of automobiles. It should be noted that long ago, the sale and service of automobiles was a permitted use in the area. The 5th and Alton project occupies what was the Potamkin dealership service area. The showroom at the time was across the street to the west. It should also be noted that the South Shore Redevelopment Area was sunsetted on September 30, 2005 although the PS Performance Standard regulations remain in place. ANALYSIS Currently, Section 142 -692 of the City Code contains a list of uses permitted in each district within the PS Performance Standards districts, the area located south of Sixth Street, and from the Atlantic Ocean to Biscayne Bay, which is analogous to the previously existing redevelopment area. As such, although commercial uses are permitted within the Commercial districts such as CPS -2, the development regulations for this zoning district contain a prohibition that car washes, filling stations and any use that sells gasoline, automobiles or auto repair, as they are considered industrial • uses and not permitted in the redevelopment area. City Commission Memorandum File 1978 - low impact car washing and detailing in the C -PS2 zoning district January 19, 2011 Page 3 While there has been strong demand for car wash services within the City, these are limited to the Urban Light Industrial 1 -1 district, and as accessory uses to existing non- conforming gas stations when part of a renovation including the provision of a generator. However, while completely enclosed commercial car washes may be potentially permitted in other Commercial zoning districts, in the case of the C -PS2, even that possibility does not exist, because of the blanket prohibition on car washes contained in the section. Staff suggests that the ordinance permit low impact car wash and auto detailing services within parking garage structures in the CPS -2 district, when such services are completely contained within the garage and not visible from the street or public right -of- way. These types of accessory car washes are common in other areas of South Florida and should not cause disruption to neighboring properties if contained properly. For purposes of this ordinance, low impact car wash will be defined as mobile type car washes or wand car washes, and excluding rollover or tunnel car washes. PLANNING BOARD ACTION At the October 26, 2010 meeting, the Planning Board recommended that the City Commission approve the proposed ordinance by a vote of 5 -1, with one member absent. The City Commission approved the ordinance upon first reading at the December 8, 2010 meeting. FISCAL IMPACT The proposed ordinance is not expected to have a fiscal impact upon the City. CONCLUSION The Administration recommends that the City Commission adopt the proposed ordinance. Pursuant to Section 118 -164 (2) of the City Code, when the proposed amendment changes the actual list of permitted, conditional or prohibited uses within a zoning category, regardless of the acreage of the area affected, 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 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 in substantially the following form: NOTICE OF (TYPE OF) CHANGE The City of Miami Beach proposes to adopt the following ordinance: (title of ordinance) A public hearing on the ordinance will be held on (date and time) at (meeting place). JMG /JGG /RGL/ML T:IAGENDA\201111 -19 -11 \1978 - Car wash in CPS2 memo.docx I f .___._._._.____----_---......\ , I .newwwws'/ MIANA1BEACH i i CITYOF BEACH NOTICE TO THE 3 P!! Eipi•LIC , I Y GIVEN that a second reading and 1 NOTICE IS HEREBY public hearing will be held by the City Commission of the ; City of Miami Beach on WEDNESDAY, January 19, 2011 5:00 P.M. in the City Commission Chambers, Third Floor, it Hall, 1700 Convention Center Drive, Miami Beach, Cy Florida, to consider: P Allow Low Impact Car Washing And Detailing In The C -PS2 • Zoning District An Ordinance • Amending The Land Development Regulations ulations Of The Code Of The City Of Miami Beach, , ' By Amending Amendin Chapter 142, "Zoning Districts And Regulations," Article II "District Regulations," Division 18 PS Performance Standard District," Amending Section 142 -693 "Permitted Uses," By Permitting Low Impact Car Washing n And Auto Detailing In The CPS -2 District, When Corn P letely Contained Within A Parking Garage Structure, And Not Visible From The Street Or Public Right-Of-Way. All 'interested parties are invited to appear at this meeting or be represented by an agent, or to express their views in writin g addressed to the City Commission c/o the City City Hall, , : Clerk's Office, 1700 Convention Center Drive, Miami Beach, . Florida 33139. Copies of the proposed . amendments are available in the Planning . Department. Pursuant to Florida Stat. 286.0105, the City hereby advises the p ublic'that if a person decides to appeal any decision made by the City Commission with respect to any matter 9 considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which record must include the. testimony and evidence upon which the appeal is to be based. This .notice does not constitute consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges . or appeals not otherwise I allowed by law. . Well M i I ...7)S11 t .. . .. . • Y - aMGIp K _ � � R1 ; .i:^4. ,,,. . 'N'T .. ,./: i 1 ' ,,. . . \.., : 4'3'�� ���ic�Z Nar y =x �s�� r '� rr� %� ��d'c i t ea2 k . r < $i „:4 j .. 4 F t a a • • au —1 a i e \ , • RNPSA' ` .. \ 3. ..\ .. "CPS - 1 .... ... In accordance with the Americans with • Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the Board's - Admini$trator no later than four days prior to the proceeding. Telephone (305) 673 - 7550 for assistance; if hearing impaired, telephone the Florida Relay Service numbers, (305) 673-7218 or 711 A for assisttanc 4 LOCAL & .....