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Ordinance 97-3100ORDINANCE NO. 97-3100 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. WHEREAS, the City'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 City's Development Regulations Group identified the parking of commercial vehicles as a specific concern; and, WHEREAS, the City 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 CD -1 and CD -2 Commercial 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 CD -3 Commercial 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 "CD -3 Commercial, High Intensity" of Section 6, entitled "Schedule of District Regulations" of Zoning Ordinance 89-2665 of the City of Miami Beach, Florida is hereby amended as follows: 6-8 CD -3 COMMERCIAL, HIGH INTENSITY. A. Purpose and Uses 1. District Purpose 2.Main Permitted Uses 3.Conditional Uses 4. Accessory Uses 5. Prohibited Uses 1" This district is designed Commercial Uses; Apartments; Adult Living Congregate See Section 6-21. Pawn Shops to accommodate a highly concentrated Apartment/Hotels; Hotels. Oceanfront properties in the Facilities; Outdoor Entertainment Accessory Outdoor Bar Counters, provided that the Accessory Accessory Outdoor Bar business core in which activities serving the Architectural District shall not be permitted to have new retail and/or Establishment, Neighborhood Impact Outdoor Bar Counter is not operated or utilized between midnight and Counter, except as provided entire City arc located. office areas totaling more than 250 Establishment, Open Air 8:00 a.m.; however, for an herein. I" sq. ft. unless the Building is re- Entertainment Accessory Outdoor Bar Counter habilitated according to the South Establishment, Nursing 1I- 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 Institutions; Schools and 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 closed to traffic, unless the office arca which the associated restriction on the hours of operation, provided the Accessory Outdoor commerce, trade, or is located in a mezzanine, or at least business is located, except Bar Counter is (a) located in the 75 ft. back from the storefront; also said storage and/or parking Rear Yard, and (b) setback 20% of Apartments, Apartment/llotels 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 adjacent to a Lincoln Road shall comply with Sec. lots with frontage on property with an Apartment Unit 6-8,A.5. Lincoln Road, Collins thereon. "" Avenue, 41st Street and 71st 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,A.5. * * * 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 City of Miami Beach, Florida is hereby amended as follows: 6-22 Supplementary Use Regulations 2 * * * C. Storage and/or Parking of Commercial and Construction Vehicles: 1. Location Regulations a. In the I-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. Commercial 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 I-1 Light Industrial District, and (ii) pursuant to a Conditional Use permit in the CD -1, and -CD -2 and CD -3 Districts. Notwithstanding the foregoing, a single Commercial 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 I-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 Vehicles, 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 I-1 Light Industrial District, which shall be used for the storage and/or parking of Commercial Vehicles shall be required to satisfy the landscaping requirements of subsection 8-6,B.; provided, however, any Lot used for the storage 3 and/or parking of Commercial 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 of Commercial 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 Conditional Use Approval: In addition to the Site Design Requirements in Subsection 6-22,C.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 Commercial or Construction vehicles are stored and/or parked shall be submitted for review and approval by the Planning Board. b. If the storage and/or parking of Commercial 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). C . b- An application to permit the storage and/or parking of Commercial Vehicles pursuant to this subsection shall be subject to the Conditional Use procedures and criteria set forth in subsection 17-4. SECTION 3. INCLUSION IN ZONING ORDINANCE NO. 89-2665. 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 City 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. 4 SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect on the 31st day of October , 1997. PASSED and ADOPTED this 21st day of October / 1997. ATTEST: P -td, CITY CLERK Underlined = new language Stfikeettt = deleted language F:IPLAN\SPLB\AUG\2COMMVEH.ORD DJG/JGG/WGF/MHF October 13, 1997 1st reading 9/24/97 2nd reading 10/21/97 APPROVED AS TO FORM & LANGUAGE i FOR EXECUTION 44.4'7 5 YOR CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 htt0A1ci. miami-beach. fl. us TO: COMMISSION MEMORANDUM NO. _616 -91 Mayor Seymour Gelber and Members of the City Commission FROM: Jose Garcia -Pedrosa City Manager DATE: October 21, 1997 SUBJECT: Second Reading 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 reconunends that the City Commission 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 City Commission on July 2, 1997. The Planning, Design & Historic Preservation Division prepared the draft amendment. On June 18, 1997 the City Commission adopted an Ordinance concerning Commercial Vehicles, but voiced a desire that additional review criteria be provided for the storage and/or parking of Commercial Vehicles 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 Commercial Vehicles as a Conditional Use in the CD -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 CD -3 District. The amending ordinance has been modified to Agenda Item 5 Date 1O-21-5-7 include this new restriction by not permitting the storage and/or parking of Commercial 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 City Commission held the first reading public hearing and 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 Commercial 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 residdentiaLUse(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)." The additional review criteria would help identify and/or mitigate any detrimental effects the proposed storage or parking of Commercial 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 Commercial Vehicles in the CD -3, Commercial High Intensity District provided the proposed site does n have a frontage on Lincoln Road, Collins Avenue, 41st Street or 71st Street. The CD -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 Creek Waterway and 71st Street from Collins Avenue to Bonita Drive. In essence, the inclusion of this new restriction would limit the area where said storage and/or parking of Commercial 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 CD -3 District on Collins 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 CD -3 District is designed to accommodate a highly concentrated business core in which activities serving the entire City 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, Collins 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 CD -3 District unless the proposed site does not 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 land use, the City Commission 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 City Commission 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; 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 -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; Consistent - The amendment would not change the underlying zoning district for any areas within the City. 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 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 facilities through the Conditional Use procedures. However, with regard to the proposal to extend these uses to the CD -3 District, they should not be permitted on lots with frontage on Lincoln Road, 41st Street, Collins Avenue or 71st Street. 4. Whether the proposed change would tax the existing load on public facilities and infrastructure; Consistent - 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 andlor storage of Commercial 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 existing 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 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 commercial parking lots as a main permitted use (CD -1, CD -2 and CD -3). However, there should be limitations in the CD -3 District to not allow these uses on lots with frontage on Lincoln Road, 41st 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 Consistent - 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 CD -3 District with frontage on Lincoln Road, 41st Street, Collins 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 Consistent - 9. Whether the Consistent - 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. proposed change will seriously reduce light and air to adjacent properties; 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 CD -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 - Staff is 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 CD -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, Collins 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 Consistent - The existing Zoning Ordinance does not permit the parking and\or storage of Commercial Vehicles except in the I-1 Light Industrial District. The amendment is the appropriate response to allowing the parking and\or storage of Commercial Vehicles via the Conditional Use procedures. 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 - These types of proposed parking or storage facilities are not currently permitted within any zoning district within the City except the I-1 Light Industrial District. CONCLUSION Based on the foregoing, the Administration has concluded that the City Commission should adopt the ordinance on second reading, after holding the required second public hearing. a JGP/PTSM/DJG MHF\mhf\F:\PLANNSALL\CCMEMOS\1277ACMS.910 6 O O 01 c •