97-22353 RESO
RESOLUTION NO.
97-22353
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO
CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING ZONING
ORDINANCE NO. 89-2665, BY AMENDING SECTION 3, ENTITLED
"DEFINITIONS', AMENDING SUBSECTION 3-2, ENTITLED "TERMS
DEFINED", BY CREATING NEW DEFINITIONS FOR COMMERCIAL
VEHICLE AND CONSTRUCTION VEHICLE AND ELIMINATING
DEFINITIONS FOR PORTABLE DWELLING UNIT, MOBILE HOME, AND
TRAILER; AMENDING SECTION 5 ENTITLED "GENERAL
PROVISIONS" qYDELETING SUBSECTION 5-5, ENTITLED "TRACTOR-
TRAILER, TRAILER, PORTABLE DWELLING UNITS"; AMENDING
SECTION 6 ENTITLED "SCHEDULE OF DISTRICT REGULATIONS"
AMENDING SUBSECTION 6-6, ENTITLED "CD-l COMMERCIAL, LOW
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 6-7, ENTITLED
"CD-2 COMMERCIAL, MEDIUM 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 CLARIFYING THE CONDITIONS FOR THE
STORAGE OF MOTOR VEHICLES AND BY CREATING REGULATIONS
FOR THE STORAGE AND/OR PARKING OF COMMERCIAL VEHICLES
AND CONSTRUCTION VEHICLES; AMENDING SECTION 6 ENTITLED
"SCHEDULE OF DISTRICT REGULATIONS" AMENDING SUBSECTION
6-25, ENTITLED "SUPPLEMENTARY YARD REGULATIONS" BY
CLARIFYING THE REGULATION FOR STORAGE OF BOATS, BOAT
TRAILERS, CAMPER TRAILERS, AND RECREATIONAL VEHICLES;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE,
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Development Regulations Group has reviewed the current Zoning
0] dir lance to determine a need to improve parking design efficiency, decrease the overabundance
of pavement, and improve the quality and density of parking lot landseaping; and
1
WHEREAS, the City Development Regulations Group identified the parking of commercial
vchides as a specific concern; and
WHEREAS, the City Administration believes that the parking of commercial vehicles,
W lether accessory or non-accessory should be specifically regulated; and
WHEREAS, on March 25, 1997, the City's Planning Board held a public hearing to consider
th.~ proposed ordinance and voted unanimously (7-0) to recommend approval by the Mayor and City
C nnmission of the adoption ofthe proposed ordinance; and
WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89-2665, the proposed
O'di lance may now be eonsidered by the Mayor and City Commission on first reading public
h{ aring and at a second reading publie hearing.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
C Jl"'IMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
o tmmission hereby consider at public hearings on first and seeond readings an Ordinance of the
M lye)r and City Commission of the City of Miami Beach, Florida amending Zoning Ordinanee No.
8S -2(i65, by amending Section 3, Entitled "Definitions', Amending Subsection 3-2, Entitled "Terms
n:filled", by Creating New Definitions for Commercial Vehicle and Construction Vehicle and
El illJlllating Definitions for Portable Dwelling Unit, Mobile Home, and Trailer; amending Section
5~ntitled "General Provisions" by Deleting Subsection 5-5, Entitled "Tractor-Trailer, Trailer,
Pc rtable Dwelling Units"; amending Section 6 Entitled "Schedule of District Regulations"
AI !lending Subsection 6-6, Entitled "CD-l Commercial, Low Intensity" by Adding Commercial
V< hides as Specified in Subsection 6-22,C.3. to the List of Conditional Uses in this District;
an ending Section 6 Entitled "Schedule of District Regulations" Amending Subsection 6-7, Entitled
2
"(0-2 Commercial, Medium Intensity"by Adding Commercial Vehicles as Specified in Subsection
6-~2,C.3. to the List of Conditional Uses in this Distriet; amending Section 6 Entitled "Schedule of
District Regulations" Amending Subsection 6-22, Entitled "Supplementary Use Regulations" by
Clrrifying the Conditions for the Storage of Motor Vehicles and by Creating Regulations for the
St )rage and/or Parking of Commercial Vehicles and Construction Vehicles; amending Section 6
EI titled "Schedule of Distriet Regulations" Amending Subsection 6-25, Entitled "Supplementary
Y:rd Regulations" by Clarifying the Regulation for Storage of Boats, Boat Trailers, Camper Trailers,
ani Recreational Vehicles; providing for inclusion in the Zoning Ordinance, repealer, severability
an i an effective date, and said readings and public hearings are hereby called to be held before the
Ci:y 'Commission in its Chambers on the Third Floor of City Hall, 1700 Convention Center Drive,
Mami Beaeh, Florida, on May 21,1997, beginning at 2:30 p.m. and June 4, 1997, beginning at
5: n p.m., and the City Clerk is hereby authorized and directed to provide appropriate Public Notice
of the said Public Hearings, at which time and place all interested parties will be heard.
PASSED and ADOPTED this 16th day of
April
ATTEST:
J:r'(J LtM ~ P tM-C ~
CITY CLERK
DJT':w
f\att .\turn.\fesos\commveh.hrg
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
1{fJkll . i/JJ-7
3
C:ITY OF
MIAMI BEACH
CI ry -lALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
=
=
COMMISSION MEMORANDUM NO. ;< 5 3 - Cj 1
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
April 16, 1997
FRCM
Jose Garcia-Pedrosa
City Manager
~
SUBJECT:
Setting of Publi earings - 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 3, Entitled "Defmitions', Amending Subsection
3-2, Entitled "Terms Defined", by Creating New Definitions for Commercial
V ehicle and Construction Vehicle and Eliminating Defmitions for Portable
Dwelling Unit, Mobile Home, and Trailer; Amending Section 5 Entitled "General
Provisions" by Deleting Subsection 5-5, Entitled "Tractor-Trailer, Trailer,
Portable Dwelling Units"; Amending Section 6 Entitled "Schedule of District
Regulations" Amending Subsection 6-6, Entitled "CD-l Commercial, Low
Inten,sity" 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 6-7, Entitled "CD-2
Commercial, Medium 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 Clarifying the Conditions for the
Storage of Motor Vehicles and by Creating Regulations for the Storage and/or
Parking of Commercial Vehicles and Construction Vehicles; Amending Section
6 Entitled "Schedule of District Regulations" Amending Subsection 6-25, Entitled
"Supplementary Yard Regulations" by Clarifying the Regulation for Storage of
Boats, Boat Trailers, Camper Trailers, and Recreational Vehicles; Providing for
Inclusion in the Zoning Ordinance; Repealer, Severability and an Effective Date.
RECOM\1ENDA TION
The Annilnistration recommends that the City Commission set a first reading public hearing on May 21,
1997 a'ld tentatively set a second reading public hearing for June 4, 1997. (Note: This amendment
require, a 30-day mailed notice to all affected property owners, as well as, surrounding property owners
within 375 feet ofa CD-1 or CD-2 Zoning District less than 10 contiguous acres.)
AGENDA ITEM
C-~~
DATE~-IL...ql
PAGE 1 OF 8
BACK{;,.ROUND
Withi:l the past several years, the commercial film and photography industry has increased its presenee
on Miuni Beaeh. This expansion has created unique problems assoeiated with the parking and storage of
the conmercial vehicles (converted recreational vehicles) associated with this industry. Other commercial
businl:ss ~s have similar problems in that stand alone parking facilities for these uses are now only
permi te(l in the I-I, Light Industrial District.
The C [t)'s Planning and Design staff reviewed the current Zoning Ordinanee and aseertained a need to
impro reJarking design efficiency, decrease the overabundance of pavement, and improve the quality and
quanti:y of parking lot landseaping. Furthermore, staff has identified the parking of commercial motor
vehic]~s as an area of speeifie eoncem. Representatives of the film and photography industry have
reiten ted this need at numerous public meetings, including the City's Land Use and Development
Comn itt ~e.
The p lIking of commercial vehicles as an accessory use and as a main use needs to be clarified and
addre~ sed in the Zoning Ordinanee. The regulations that currently exist are excessively limiting.
Howe' 'er with proper controls including a Conditional Use approval, they could be permitted in the City's
CD-I. me CD-2 Districts (Low and Medium Intensity Commercial). The key requirements would be that
said p lIking/storage lots be attractively screened from view and not have an adverse impact on the
surrou Iding area in terms of noise, traffic or other operational characteristics.
On St ptember II, 1996 the City Commission referred the matter to the Planning Board for its
consid~ration and recommendation back to the City Commission. The Planning Board was scheduled to
hold a::m ,lie hearing on the item on November 26, 1996, how~ver, the item was referred back to staff for
furthel re fmement prior to the public hearing.
On M~ rcl125, 1997 the Planning Board held a publie hearing regarding the amendment and voted
unaninollsly (7-0) to recommend its approval.
ANAl Y~iIS
The arlending ordinance is divided into six (6) separate sections. For convenience and in order to help
reader: wlderstand the amendment, each section is analyzed separately below.
Sectiord..
This s~ction of the amending ordinanee creates a new definition for 'Commercial Vehicle' and
'Constmction Vehicle' within Seetion 3 of the current Zoning Ordinance. The new definition of
'Comrrenial Vehicle' would include motor homes or other support vehicles used in conjunetion with the
photography and movie production industry. The new definition for 'Construction Vehicle' would
includ{ alLY vehicle or motorized equipment utilized for the manufacture of a structure.
PAGE 2 OF 8
The te rrr..s 'Portable Dwelling Unit', 'Mobile Home' and 'Trailer' would be deleted from the definition
sectio 1 of the Zoning Ordinance. These types of residential dwelling units are not permitted within the
City cecause the City is located within a high hazard coastal area. The City's Comprehensive Plan and
State, nd Federal guidelines restrict their use in these coastal areas that are subject to intermittent flooding
and h gb winds from hurrieanes. Temporary construction trailers and temporary sales trailers (or
tempo:ary manufaetured or modular units) would remain as permitted temporary uses under the current
Zonin ~ Code. The use of portable classrooms for sehools (whether permanent or temporary) would not
be aff( cted by the amendment.
~.11..
This section deletes Sub-section 5-5 of the Zoning Ordinance regarding the terms 'tractor-trailer', 'trailer'
and 'p<ruble dwelling units'. This reference is deleted for the above reasons and because a traetor-trailer
would now come under the newly created definition of'Commerc~al Vehicle'.
~. .lS...L&.A..
These seetions of the amending ordinance amend the CD-l and CD-2 Distriet regulations to permit the
storag( and/or parking of the newly defined 'Commercial Vehicle' as a Conditional Use (see Map A). The
Comrr ereial Vehicle may be stored and/or parked on a site other than the site at which the associated
comm'~rce, trade or business is located, subject to review and approval by the Planning Board (as a
Condir lonal Use). The, new language also refers such an application to additional review criteria that is
create<. iI. Sub-section 6-22.C.3, which is discussed in Section 5, below.
Sectio: 1 5.
This p >rt.on of the amendment contains the heart of the changes and is broken up into two parts; B and
C. Th'~se two parts are discussed below:
Part B Storage of Motor Vehicles
Part B is a reference to the storage of motor vehicles. Currently the storage of motor vehicles is only
permit:ed in the I-I Light Industrial District (see page 4). The amendment would now also permit the
storagt of vehicles in the CD-l and CD-2 Distriets as a Conditional Use (see Sections 3 & 4, above).
A new requirement has been included in the language to clarify the screening of motor vehicles when
permit1: ed This new requirement would not change the existing height limitations already codified within
the Zo:ung Ordinance. Specifically, the new screening requirement would read as follows:
"...stored motor vehicles shall be fully screened from view as seen from any right-of-way
ill adjoining property. when viewed from 5'-6" above Grade. with an opaQ-ue wood
furlce. masonry wall. or other opaque screening device not less than six (6) feet in
~.igh.t II
PAGE 3 OF 8
The iltetlt of this new requirement would be to totally screen the stored vehicles from public view
and/or the adjacent property when viewed from 5'-6" from grade. Other opaque screening devices
could be dense mature landscaping or hedge material. Currently, the 1-1 district permits walls and
fences uJ: to seven (7) feet in height around the entire perimeter of a property. All other districts permit
fences and walls up to a maximum of seven (7) feet in height within the rear and side yards with certain
restric:io1S regarding front yards, public right-of-ways and along golf courses or waterways where the
maxin um height along the property line is five (5) feet. All zoning districts allow hedges with no height
limita ion, provided they are kept neat, evenly trimmed and properly maintained. Comer visibility
requir~ments must also be maintained pursuant to Section 6-26.
Part C Etorage and/or parking of Commercial and Construction Vehicles
Part C we uld be created with new regulations regarding the location, site design and additional Conditional
Use revi~w criteria for the storage and/or parking of Commercial and Construction Vehicles (see pages
4,5 ard 6 of the amendment).
In the 1- l Light Industrial District and in all commercial districts, Commercial Vehicles would be
permit ed to be stored and/or parked on the same site at which the associated commerce, trade, or business
is loca ed provided all the new regulations, herein, have been met. Construetion Vehicles would only be
stored anjjor parked in the I-I Light Industrial District or at a eonstruction site upon whieh a Building
Permit has been obtained and remains active and valid.
Of spe:ia interest is a new requirement that would allow one Commercial Vehicle (as newly defined) that
is an a ltomobile, van, pickup truck, or similar vehicle with exterior business identification to be parked
at the, lp(:rator's residence, within any zoning district (including single family), provided the vehicle is
parked in a garage or on a paved, permanent surfaee in a Side or Rear Yard and is not visible from any
right-o:-vray or adjoining property. Also, any automobile, van, pickup truck, or similar vehicle without
exteric r business identification could be parked in accordance with the underlying zoning distriet
regulat i.or5 and without further restriction.
Site de:igl requirements would include the newly created screening requirements, as previously discussed
above, and parking spaces, back up areas and drives which would be required to provide appropriate
dimem iOILS depending on the type of vehicles being parked or stored.
Any parki ng lot, except for those in the 1-1 Light Industrial District, which would be used for the storage
and/or )arking of Commercial Vehicles would be required to satisfy the landscaping requirements within
the Zaring Ordinance, provided any parking lot used for the storage and/or parking of Commereial
Vehieh s ciS of the effeetive date of this Ordinance would be granted a period of three (3) months after the
effeethe (ate of this Ordinanee to achieve full compliance with the foregoing requirements. The storage
and/or Jlar:dng of Commercial Vehicles pursuant to this subsection would be subject to the Design Review
proced'lfes, requirements and criteria as set forth in subsection 18-2.
PAGE 4 OF 8
In addition to the Site Design Requirements proposed, herein, and the Conditional Use procedures and
criteri, Sft forth in Subsection 17-4, an application for a parking lot, reviewed pursuant to the Conditional
Use pI xedures, would also provide a schedule regarding the hours of vehicle storage and a schedule for
hours, )f operation for any business oceupying the same lot where Commercial or Construetion vehicles
are stcred and/or parked. The use of these stored vehicles for living quarters or residential units would
be stri;tly prohibited.
~.1...6.
This SI:Ct: on of the amending ordinance clarifies the current regulations regarding the aceessory storage
of a be It, boat trailer, camper trailer, or recreational vehicle. The new screening criteria would be required
within any zoning district when said vehicles are stored within a side or rear yard. The storage of these
vehid:s would also be prohibited within the front yard of all zoning districts including the I-l Light
lndustial and the MR Marine Recreational districts.
Sectio~7. 8. 9 & 10.
The 1, st sections of the amendment provide for inclusion in the Zoning .Ordinance, a repealer, a
severalility clause and an effective date.
In revi~wing a request for an amendment to the Zoning Ordinance or a change in land use, the Planning
Board md the City CoIJ?IIlission are to consider the prescribed review eriteria, when applicable, for such
chang!: s. Since the amending ordinance would change the conditional use category for the CD-l and CD-2
Distric:s, the review criteria were determined to be applicable to this amendment request.
In revi,:wng a request for an amendment to the Zoning Ordinance which involves a change in permitted
or conllitionalland use, the City Commission shall consider the following:
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and any
aj:plicable neighborhood or Redevelopment Plans;
Consistent - The amendment would not require an amendment to the Future Land Use Map of
the Comprehensive Plan. The amendment is not contrary to any neighborhood or
Redevelopment plan. There are no CD-lor CD-2 Zoning Distriets loeated in the
South Pointe Redevelopment Area.
2. Whether the proposed change would create an isolated district unrelated to adjaeent or nearby
di;tricts;
Qmsistent - The amendment would not change the underlying zoning district for any areas
within the City. The intent of the amendment is to provide a broader definition of
commercial vehicles and improve the regulations for the parking and\or storage of
said vehicles.
PAGE 5 OF 8
3. Vv hether the change suggested is out of scale with the needs of the neighborhood or the City;
Q.msistent - The amendment is in keeping with the overall goal of the City 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 faeilities through the Conditional Use proeedures. The amendment also
clarifies what types of commercial vehicles may be parked at residential sites.
4. Whether the proposed change would tax the existing load on public facilities and infrastructure;
C< msistent - Staff is of the opinion that the LOS for the area public facilities and infrastrueture
should not be negatively affected by the proposed amending ordinance, if at all.
Indeed, the parking and\or storage of Commercial Vehicles should not create a
greater demand on public faeilities than a fully operational parking lot.
5. Whether existing district bOWldaries are illogically drawn in relation to existing conditions on the
pr Jperty proposed for change;
Not Applicable -
The underlying zoning district bOWldaries would not be changed by the
amendment.
6. Whether chang~d or changing conditions make the passage of the proposed change necessary;
Consistent - 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 eommercial parking lots as a main permitted use (CD-l and CD-2). The
nature of doing business has changed and a more flexible definition with regard to
the parking of commercial vehicles with no business identification in residential
areas is warranted.
7. Wrrether the proposed change will adversely influence living conditions in the neighborhood;
~msistent - The proposed changes should not negatively effect living conditions or the quality
of life for surroWlding properties. Any proposed commercial vehicle project, if
designed and operated properly, should not adversely influence living conditions
if adequate eonditions are imposed to control the nature of the operation (via the
Conditional Use procedures) and the design issues, as proposed, are met.
8. Wrrether 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;
PAGE 6 OF 8
Consistent - Staff is of the opinion that the LOS for the area traffic circulation and/or public
safety should not be negatively affeeted by the proposed amending ordinance.
9. VThether the proposed change will seriously reduce light and air to adjaeent properties;
.consistent - The amendment would not change the existing development regulations for
construction within the CD-I, CD-2 or I-I Light Industrial Districts. The
amendment proposes inereased landscape requirements and adequate sereening
devices which, in staff's opinion, should not reduce light and air to adjacent
properties.
~
10. VThether the proposed change will adversely affect property values in the adjacent area;
.consistent - Staff is of the opinion that property values, in the adjaeent areas would not be
negatively affected by the proposed amendment. Indeed, the increased landscape
and visual buffering requirements proposed within the amendment could
coneeivably increase adjacent property values -- if not do anything to diminish
values.
11. "bether the proposed change will be a deterrent to the improvement or development of adjacent
property in accordance with existing regulations;
C :msistent - 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 aeeordanee with said regulations.
12. \\ bether there are substantial reasons why the property cannot be used in accordanee with existing
zonmg;
CJnsistent - The existing Zoning Ordinance does not permit the parking and\or storage of
CommereiaI Vehicles except in the I -I Light Industrial District. The amendment
is the appropriate response to allowing the parking and\or storage of Commercial
Vehicles via the Conditional Use proeedures. The amendment also clarifies the
regulations regarding Construetion Vehicles and the storage of a boat, boat trailer,
camper or recreational vehicle; further, it allows for limited parking of commercial
vehicles in residential areas, as long as they have no visible business identification.
13. \\ hether it is impossible to find other adequate Sites in the City for the proposed Use in a district
al ready permitting such Use;
.GJnsistent - These types of proposed parking or storage facilities are not currently permitted
within any zoning district within the City except the I-I Light Industrial District.
PAGE 7 OF 8
.c!ThCJ~USION
Based en the foregoing, the Administration has concluded that the City Commission should set the
requi: ed first reading public hearing for May 21, 1997 and tentatively set the seeond reading pub lie hearing
for J1 ne 4, 1997.
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PAGE 8 OF 8
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