97-3100 ORD
ORDINANCE NO. 97-3100
AN ORDINANeE OF THE MAYOR AND eITY eOMMISSION OF THE elTY
OF MIAMI BEAeH, FLORIDA, AMENDING COMPREHENSIVE ZONING
ORDINANeE NO. 89-2665, BY:
AMENDING SEeTION 6 ENTITLED "SeHEDULE OF DISTRICT
REGULATIONS" AMENDING SUBSECTION 6-8, ENTITLED "CD-3
COMMERCIAL, HIGH INTENSITY" BY ADDING eOMMERCIAL VEHICLES
AS SPECIFIED IN SUBSEeTION 6-22,C.3. TO THE LIST OF eONDITIONAL
USES IN THIS DISTRIeT;
AMENDING SEeTION 6 ENTITLED "SeHEDULE OF DISTRIeT
REGULATIONS" AMENDING SUBSEeTION 6-22, ENTITLED
"SUPPLEMENTARY USE REGULATIONS" BY AMENDING THE
eONDITIONAL USE eRITERIA FOR THE STORAGE AND/OR PARKING OF
eOMMERelAL VEHIeLES AND CONSTRUCTION VEHIeLES;
PROVIDING FOR INeLUSION IN THE ZONING ORDINANeE; REPEALER,
SEVERABILITY AND AN EFFEeTIVE DATE.
WHEREAS, the eity's Development Regulations Group has reviewed the current Zoning
Ordinance to determine a need to improve parking design efficiency, decrease the overabundance
of pavement, and improve the quality and density of parking lot landscaping; and,
WHEREAS, the eity's Development Regulations Group identified the parking of
commercial vehicles as a specific concern; and,
WHEREAS, the eity Administration believes that the parking of commercial vehicles,
whether accessory or non-accessory should be specifically regulated; and,
WHEREAS, the City Commission adopted an Ordinance allowing the storage of
commercial vehicles in the eD-l and eD-2 eommercial Districts as Conditional Uses; and,
WHEREAS, the City Commission believes that through the Conditional Use process, as
supplemented by new review criteria, the necessary safeguards will be in place to allow the storage
of commercial vehicles in the eD-3 eommercial District; and,
WHEREAS, the amendments set forth below are necessary to ensure all of the above
objectives.
1
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. That Subsection 6-8, entitled "eD-3 eommercial, High Intensity" of Section 6,
entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the eity of Miami
Beach, Florida is hereby amended as follows:
6-8 eD-3 eOMMEReIAL, HIGH INTENSITY.
A. Purpose and Uses
1. District Purpose 2.Main Permitted Uses 3.Conditional Uses 4. Accessory Uses 5. Prohibited
Uses 124
This district is designed Commercial Uses; Apartments; Adult Living Congregate See Section 6-21. Pawn Shops
to accommodate a Apartment/Hotels; Hotels. Facilities; Outdoor Accessory Outdoor Bar Counters, Accessory
highly concentrated Oceanfront properties in the Entertainment provided that the Accessory Outdoor Bar
business core in which Architectural District shall not be Establishment, Outdoor Bar Counter is not operated Counter, except
activities serving the permitted to have new retail and/or Neighborhood Impact or utilized between midnight and as provided
entire City are located. office areas totaling more than 250 Establishment, Open Air 8:00 a.m.; however, for an herein. '"
sq. ft. unless the Building is re- Entertainment Accessory Outdoor Bar Counter
habilitated according to the South Establishment, Nursing H- which is adjacent to a property with
Florida Building Code, the Miami omes; religious Institution; an Apartment Unit, the Accessory
Beach Property Maintenance public and private Outdoor Bar Counter may not be
Standards, and Fire Prevention and hurtitutions;Schoolsand operated or utilized between 8:00
Safety Codes and if it is a Historic Major Cultural Dormitory p.m. and 8:00 a.m.
Structure the U.S. Secretary of the Facilities as specified in
Interior Standards for Rehabilitation Section 10A-2 ;and storage Oceanfront Hotels with at least 100
and Guidelines for Rehabilitating and/or parking of Hotel Units may operate and utilize
Historic Structures. Offices are Commercial Vehicles on a an Accessory Outdoor Bar Counter
prohibited on the ground floor on that site other than the site at notwithstanding the above
portion of Lincoln Road which is which the associated restriction on the hours of operation,
closed to traffic, unless the office area commerce, trade. or provided the Accessory Outdoor
is located in a mezzanine, or at least business is located. except Bar Counter is (a) located in the
75ft. back from the storefront; also said storage and/or parking Rear Yard, and (b) setback 20% of
Apartments, Apartment/Hotels and of Commercial Vehicles the Lot Width (50 feet minimum)
Hotels located on that portion of shall not be permitted on from any property line adj acent to a
Lincoln Road shall comply with Sec. lots with frontage on property with an Apartment Unit
6-8,A5. Lincoln Road. Collins thereon. '"
Avenue, 41 st Street and
71 st Street (See Subsection
6-22.C.3).
When located on that
portion of Lincoln Road
that is closed to traffic,
these uses shall comply
with Sec. 6-8,A5.
* * *
SECTION 2. That Subsection 6-22, entitled "Supplementary Use Regulations" of Section 6,
entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the eity of Miami
Beach, Florida is hereby amended as follows:
6-22
Supplementary Use Regulations
2
* * *
e. Storage and/or Parking ofeommercial and eonstruction Vehicles:
1. Location Regulations
a. In the 1-1 Light Industrial District and in all commercial districts,
Commercial Vehicles may be stored and/or parked on the same site
at which the associated commerce, trade, or business is located.
b. eommercial Vehicles stored and/or parked on a site other than the
site at which the associated commerce, trade, or business is located
shall only be permitted (i) in the 1-1 Light Industrial District, and (ii)
pursuant to a eonditional Use permit in the eD-I.. tmtl-eD-2 and
eD-3 Districts. Notwithstanding the foregoing, a single eommercial
Vehicle that is an automobile, van, pickup truck, or similar vehicle
with exterior business identification may be parked at the operator's
residence, within any zoning district, provided the vehicle is parked
in a garage or on a paved, permanent surface in a Side or Rear Yard
and is not visible from any right-of-way or adjoining property;
however, any automobile, van, pickup truck, or similar vehicle
without exterior business identification may be parked in accordance
with the underlying zoning district regulations and without further
restriction.
c. Construction Vehicles shall only be stored and/or parked in the 1-1
Light Industrial District or at a construction site upon which a
Building Permit has been obtained and remains active and valid.
2. Site Design Requirements
a. Any storage and/or parking of Commercial and Construction
Vehides, other than those parked at a construction site, must be fully
screened from view as seen from any right-of-way or adjoining
property, when viewed from 5'-6" above Grade, with an opaque wood
fence, masonry wall, or other opaque screening device not less than
six (6) feet in height.
b. Parking spaces, back up areas and drives shall be appropriately
dimensioned for the type of vehicles being parked or stored.
c. Any Lot, except for those in the 1-1 Light Industrial District, which
shall be used for the storage and/or parking ofeommercial Vehicles
shall be required to satisfy the landscaping requirements of
subsection 8-6,B.; provided, however, any Lot used for the storage
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and/or parking ofeommercial Vehicles as of the effective date of this
Ordinance shall be granted a period of three months after the
effective date of this Ordinance (which period shall expire on
September 28, 1997), to achieve full compliance with the foregoing
requirements.
d. The storage and/or parking ofeommercial Vehicles pursuant to this
subsection shall be subject to the Design Review procedures,
requirements and criteria as set forth in subsection 18-2.
3. Criteria for Lots Subject to eonditional Use Approval:
In addition to the Site Design Requirements in Subsection 6-22,e.2., Lots
reviewed pursuant to the Conditional Use process shall also comply with the
following criteria:
a. A schedule of hours of vehicle storage and of hours of operation for
any business occupying the same lot where eommercial or
eonstruction vehicles are stored and/or parked shall be submitted for
review and approval by the Planning Board.
b. If the storage and/or parking ofeommercial Vehicles is proposed to
be within 100 feet of a property line of a lot. upon which there is a
residential Use(s). the Planning Board shall analyze the impact of
said storage and/or parking on the residential Use(s). The analysis
shall include. but not be limited to. visual impacts. noise. odors.
effect of egress and ingress. and any other relevant factor that may
have an impact on the residential Use(s).
~b:- An application to permit the storage and/or parking of eommercial
Vehicles pursuant to this subsection shall be subject to the
Conditional Use procedures and criteria set forth in subsection 17-4.
SECTION 3. INeLUSION IN ZONING ORDINANeE NO. 89-2665. It is the intention of the
eity eommission, and it is hereby ordained that the provisions of this ordinance shall become and
be made part of the eity of Miami Beach Zoning Ordinance No. 89-2665 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. REPEALER. That all Ordinances or parts of Ordinances in conflict herewith be and
the same are hereby repealed.
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.
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SECTION 6. EFFEeTlVE DATE. This Ordinance shall take effect on the 31st day of
October , 1997.
PASSED and ADOPTED this 21st day of
ATTEST:
~+ PUA~
CITY eLERK
Underlined = new language
Strikeout = deleted language
F:\PLAN\$PLB\AUG\2COMMVEH.ORD
DJG/JGG/WGF/MHF
October 13, 1997
1st reading 9/24/97
2nd reading 10/21/97
APNOVED AS TO
..OIM & LNGUAOE
, POI exECUTION
~e /4{jJ!97
5
CITY OF MIAMI BEACH
m
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
htto:\\ci.miami-beach. fl. us
CONIMISSION MEMORANDUM NO. ..651a .'11
'"
TO:
Mayor Seymour Gelber and
Members of the City Commission
I'
DATE: October 21, 1997
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
J
Second Reading u ic Hearing - An Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, Amending Comprehensive
Zoning Ordinance No. 89-2665, by: Amending Section 6 Entitled "Schedule of
District Regulations" Amending Subsection 6-8, Entitled "CD-3 Commercial,
High Intensity" by Adding Commercial Vehicles as Specified in Subsection 6-
22,C.3. To the List of Conditional Uses in this District; Amending Section 6
Entitled "Schedule of District Regulations" Amending Subsection 6-22, Entitled
"Supplementary Use Regulations" by Amending the Conditional Use Criteria
for the Storage And/Or Parking of Commercial Vehicles and Construction
Vehicles; Providing for Inclusion in the Zoning Ordinance; Repealer,
Severability and an Effective Date.
RECOMMENDATION
The Administration recommends that the eity eommission adopt on second reading, upon holding
a second reading public hearing, the proposed Ordinance.
BACKGROUND
The amending ordinance, in concept, was referred to the Planning Board by the eity Commission
on July 2, 1997. The Planning, Design & Historic Preservation Division prepared the draft
amendment.
On June 18, 1997 the eity eommission adopted an Ordinance concerning eommercial Vehicles, but
voiced a desire that additional review criteria be provided for the storage and/or parking of
Commercial Vehic1es within 100 feet of a Lot line of a property in a Single-Family District or Multi-
Family District and that this be referred to the Planning Board. The City Commission also requested
that the Planning Board study the feasibility of permitting the storage and/or parking of eommercial
Vehicles as a eonditional Use in the eD-3 District.
On July 22, 1997 the Planning Board held a public hearing regarding the amendment and
unanimously voted (5-0, 1 vacancy and 1 absence) to recommend approval of the amendment with
additional restrictions regarding the parking and/or storage of said commercial vehicles when located
on certain thoroughfares in the eD-3 District. The amending ordinance has been modified to
Agenda Item R S C-
Oate rO-2\-Q,
include this new restriction by not permitting the storage and/or parking of eommercial Vehicles
on lots with frontage on Lincoln Road, Collins Avenue, 41st Street and 71st Street (see page 2 of
the amending ordinance).
On September 24, 1997, the eity eornmission held the fIrst reading public hearing apd adopted the
amending Ordinance by a vote of 6-0.
ANALYSIS OF THE AMENDING ORDINANCE
The proposed amendment contains new review criteria that would be applicable when said uses are
adjacent to any residential use as follows:
"If the storage and/or parking of eommercial Vehicles is proposed to be within 100 feet of
a property line of a lot. upon which there is a residential Use(s). the Planning Board shall
analyze the impact of said storage and/or parking on the residential Use(s). The analysis shall
include. but not be limited to. visual impacts. noise. odors. effect of e~ess and ingress. and
any other relevant factor that may have an impact on the residential Use(s)."
The additional review criteria would help identify and/or mitigate any detrimental effects the
proposed storage or parking of eommercial Vehicles may have on residential properties within a 100
ft. radius. This additional review criteria would be utilized regardless of the underlying zoning
district, as there are many residential uses existing in commercial zoning districts.
The amending ordinance would also permit the parking or storage of eommercial Vehicles in the
eD-3, eommercial High Intensity District provided the proposed site does not have a frontage on
Lincoln Road, eollins Avenue, 41st Street or 71st Street. The eD-3 District encompasses Lincoln
Road Mall, Collins Avenue between 16th and 44th Streets and 60th and 72nd Streets, all of Arthur
Godfrey Road (41st Street) from Alton Road to the Indian ereek Waterway and 71st Street from
eollins A venue to Bonita Drive. In essence, the inclusion of this new restriction would limit the area
where said storage and/or parking ofeommercial Vehicles could occur within the CD-3 District to
three (3) areas. The first is a four (4) block area north of the Bass Museum along 23rd Street and
the second area is along the south side of 17th Street between Lenox Avenue and Meridian Avenue.
The third and last area is a seven (7) block area along 72nd Street between Collins Avenue and
Bonita Drive. (See Map 'A'). (Note: The eD-3 District on eollins Avenue between 24th Street and
44th Street has been down-planned to RM-3 and the parking and/ or storage of commercial vehicles
would not be permitted within this area.)
The eD-3 District is designed to accommodate a highly concentrated business core in which
activities serving the entire eity are located. This district designation covers the City's most visible
commercial areas adjacent to major vehicular thoroughfares and where pedestrian traffic is heavy,
including Lincoln Road Mall, eollins Avenue and Arthur Godfrey Road. For the above reasons, the
Planning Board concurred with Division's recommendation that the parking or storage of commercial
vehicles within these highly visible areas is not warranted and would recommend denial of said
parking or storage within the eD-3 District unless the proposed site does nQ! have a frontage on
Lincoln Road, Collins Avenue, 41st Street or 71st Street.
2
The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a
severability clause and an effective date.
In reviewing a request for an amendment to the Zoning Ordinance or a change in laud use, the eity
eornmission and the Planning Board consider the prescribed review criteria, when applicable, for
such changes. Since the amending ordinance would change the conditional use category for the CD-
3 District, the review criteria were determined to be applicable to this amendment request.
In reviewing a request for an amendment to the Zoning Ordinance which involves a change in
permitted or conditional land use, the eity eommission and the Planning Board shall consider the
following:
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and
any applicable neighborhood or Redevelopment Plans;
eonsistent - The amendment would not require an amendment to the Future Land Use
Map of the eomprehensive Plan. The amendment is not contrary to any
neighborhood or Redevelopment plan. There are no eD-3 Zoning Districts
located in the South Pointe Redevelopment Area.
2. Whether the proposed change would create an isolated district unrelated to adjacent or
nearby districts;
eonsistent - The amendment would not change the underlying zoning district for any
areas within the eity. The intent of the amendment is to improve the
regulations for the parking and\or storage of said vehicles.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the City;
Partially Consistent - The amendment is in keeping with the overall goal of the eity to
provide necessary parking and/or storage facilities for commercial
film and photography industry vehicles, as well as other commercial
vehicles, while also regulating these types of special use facilities
through the eonditional Use procedures. However, with regard to the
proposal to extend these uses to the eD-3 District, they should not be
permitted on lots with frontage on Lincoln Road, 41 st Street, Collins
Avenue or 71 st Street.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure;
eonsistent - Staff is of the opinion that the LOS for the area public facilities and
infrastructure should not be negatively affected by the proposed amending
ordinance, if at all. Indeed, the parking and\or storage of eommercial
~
Vehicles should not create a greater demand on public facilities than a fully
operational parking lot.
5. Whether existing district boundaries are illogically drawn in relation to exisJing conditions
on the property proposed for change;
Not Applicable -
The underlying zoning district boundaries would not be changed by
the amendment.
6. Whether changed or changing conditions make the passage of the proposed change
necessary;
Partially eonsistent - As the commercial photography and movie production industry
continues to evolve and there is an increasing need for these types of
parking and\or storage facilities, it is warranted that the existing land
use regulations be amended to include these proposed uses in areas
where said uses are most compatible, i.e., districts already permitting
commercial parking lots as a main permitted use (CD-I, CD-2 and
eD-3). However, there should be limitations in the eD-3 District to
not allow these uses on lots with frontage on Lincoln Road, 41 st
Street, Collins Avenue or 71st Street.
Also, the additional review criteria to be applied by the Planning
Board when reviewing a site within 100 ft. of a residential building
will further guarantee the peaceful use of said residential property by
its inhabitants.
7. Whether the proposed change will adversely influence living conditions in the neighborhood;
Partially eonsistent - The proposed changes should not negatively effect living conditions
or the quality of life for surrounding properties. Any proposed
commercial vehicle project, if designed and operated properly,
should not adversely influence living conditions if adequate
conditions are imposed to control the nature of the operation (via the
Conditional Use procedures) and the design issues, as originally
adopted, are met. The additional review criteria will further protect
residential uses within 100 ft. of a site. The Planning Board has taken
a position along with staff, however, that these uses should not be
allowed on any lot in the eD-3 District with frontage on Lincoln
Road, 41st Street, eollins Avenue or 71st Street, as they could have
an adverse impact on the character of these major retail/office
corridors.
8. Whether the proposed change will create or excessively increase traffic congestion beyond
the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety;
4
eonsistent - Staff is of the opinion that the LOS for the area traffic circulation and/or
public safety should not be negatively affected by the proposed amending
ordinance.
9. Whether the proposed change will seriously reduce light and air to adjacer:u: properties;
eonsistent - The amendment would not change the existing development regulations for
construction within the CD-3 District. The original amendment (adopted)
proposed increased landscape requirements and adequate screening devices
which would also apply to sites within the eD-3 district and, in staffs
opinion, should not reduce light and air to adjacent properties.
Also, the additional review criteria will further protect residential uses within
100 ft. of a proposed site by allowing the Planning Board to address this issue
should the need arise.
10. Whether the proposed change will adversely affect property values in the adjacent area;
Consistent - Staffis of the opinion that property values, in the adjacent areas would not
be negatively affected by the proposed amendment. Indeed, the increased
landscape and visual buffering requirements proposed within the original
adopted amendment (would also apply to eD-3 District sites) could
conceivably increase adjacent property values -- if not do anything to
diminish values. The additional review criteria proposed, herein, should
provide further protection for adjacent residential properties.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Partially Consistent - The proposed amendment will not change the development
regulations for adjacent sites which must comply with their own site
specific development regulations. Furthermore, the proposed
ordinance should not affect the ability for an adjacent property to be
developed in accordance with said regulations. To further protect the
character of Lincoln Road, 41st Street, eollins Avenue and 71st
Street, such uses should not be permitted on lots with frontage on
these thoroughfares
Also, the additional review criteria to be applied when a site is within
100 ft. of a residential building will further guarantee protection to
said residential property and its continued peaceful use for such a
purpose.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
5
eonsistent - The existing Zoning Ordinance does not permit the parking and\or storage of
Commercial Vehic1es except in the 1-1 Light Industrial District. The
amendment is the appropriate response to allowing the parking and\or storage
of Commercial Vehicles via the eonditional Use procedures.
~
13. Whether it is impossible to find other adequate Sites in the eity for the proposed Use in a
district already permitting such Use;
eonsistent - These types of proposed parking or storage facilities are not currently
permitted within any zoning district within the City except the 1-1 Light
Industrial District.
CONCLUSION
Based on the foregoing, the Administration has concluded that the eity eommission should adopt
the ordinance on second reading, after holding the required second public hearing.
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