95-21820 Reso RESOLUTION NO. 95-21820
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, SETTING DATES AND TIMES FOR TWO 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,
AMENDING SECTION 6, ENTITLED "SCHEDULE OF DISTRICT REGULATIONS",
AMENDING SUBSECTION 6-12, ENTITLED "GU GOVERNMENT USE DISTRICT" BY
PROVIDING THAT ANY LAND OR AIR RIGHTS OWNED OR LEASED BY THE CITY
OR OTHER GOVERNMENT AGENCY SHALL AUTOMATICALLY CONVERT TO A GU
GOVERNMENT USE DESIGNATION; DELETING FROM THE LIST OF MAIN
PERMITTED USES THE REFERENCE TO RESOLUTION NO. 86-18491 PERTAINING
TO PROPERTIES CONSIDERED FOR THE SALE AND/OR LEASE WHICH ARE OWNED
BY THE CITY AND ORDINANCE NO. 89-2662 PERTAINING TO DEVELOPMENT
AGREEMENTS; DELETING FROM THE LIST OF CONDITIONAL USES THE SPECIFIC
REFERENCE TO PARKING GARAGES AND PRIVATE OR JOINT CITY AND PRIVATE
USES, INCLUDING AIR RIGHTS, AND ADDING USES APPROVED BY THE CITY
COMMISSION, INCLUDING JOINT CITY/PRIVATE USE; ELIMINATING THE
REQUIREMENT THAT MUNICIPAL BUILDINGS, USES AND SITES INCLUDING
JOINT CITY/PRIVATE USES BE WHOLLY OPEN AND ACCESSIBLE TO THE
GENERAL PUBLIC IN ORDER TO BE ELIGIBLE FOR A WAIVER OF DEVELOPMENT
REGULATIONS BY THE CITY COMMISSION; PROVIDING THAT USE OF MUNICIPAL
PROPERTY BY THE PRIVATE SECTOR SHALL REQUIRE PLANNING BOARD REVIEW
PRIOR TO CITY COMMISSION APPROVAL; AND CHANGING THE NOTICE
REQUIREMENTS FOR CITY COMMISSION HEARINGS REQUIRED BY SUBSECTION 6-
12 FROM AT LEAST THIRTY (30) DAYS TO AT LEAST FIFTEEN (15) DAYS;
PROVIDING FOR A REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the Planning, Zoning, and Historic Preservation
Services Division has recommended an Ordinance of the Mayor and
City Commission of the City of Miami Beach, Florida amending Zoning
Ordinance no. 89-2665, amending section 6, entitled "Schedule of
District Regulations" , amending subsection 6-12 , entitled "GU
Government Use District" by providing that any land or air rights
owned or leased by the city or other government agency shall
automatically convert to a GU Government Use Designation; deleting
from the list of main permitted uses the reference to Resolution
No. 86-18491 pertaining to properties considered for the sale
and/or lease which are owned by the City and Ordinance No. 89-2662
pertaining to development agreements; deleting from the list of
1
conditional uses the specific reference to parking garages and
private or joint city and private uses, including air rights, and
adding uses approved by the City Commission, including joint
City/private use; eliminating the requirement that municipal
buildings, uses and sites including joint City/private uses be
wholly open and accessible to the general public in order to be
eligible for a waiver of development regulations by the City
Commission; providing that use of municipal property by the private
sector shall require planning board review prior to City Commission
approval; and changing the notice requirements for City Commission
hearings required by subsection 6-12 from at least thirty (30) days
to at least fifteen (15) days; providing for a repealer,
severability and an effective date; and
WHEREAS, on November 15, 1995 the City' s Planning Board held
a public hearing to consider the proposed ordinance and voted in
favor of recommending that the Mayor and City Commission adopt the
proposed ordinance; and
WHEREAS, pursuant to Section 14 of Zoning Ordinance No. 89-
2665, the proposed Ordinance must now be considered by the Mayor
and City Commission at public hearings.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and
City Commission will consider an Ordinance of the Mayor and City
Commission of the City of Miami Beach, Florida, amending Zoning
Ordinance no. 89-2665, amending section 6, entitled "Schedule of
District Regulations" , amending subsection 6-12 , entitled "GU
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Government Use District" by providing that any land or air rights
owned or leased by the city or other government agency shall
automatically convert to a GU Government Use Designation; deleting
from the list of main permitted uses the reference to Resolution
No. 86-18491 pertaining to properties considered for the sale
and/or lease which are owned by the City and Ordinance No. 89-2662
pertaining to development agreements; deleting from the list of
conditional uses the specific reference to parking garages and
private or joint city and private uses, including air rights, and
adding uses approved by the City Commission, including joint
City/private use; eliminating the requirement that municipal
buildings, uses and sites including joint City/private uses be
wholly open and accessible to the general public in order to be
eligible for a waiver of development regulations by the City
Commission; providing that use of municipal property by the private
sector shall require planning board review prior to City Commission
approval; and changing the notice requirements for City Commission
hearings required by subsection 6-12 from at least thirty (30) days
to at least fifteen (15) days; providing for a repealer,
severability and an effective date, on first reading at a public
hearing on December 6, 1995 at 3 : 30 p.m. , and if the proposed
Ordinance passes on first reading, a second reading and public
hearing is hereby called to be held before the City Commission in
its Chambers on the Third Floor of City Hall, 1700 Convention
Center Drive, Miami Beach, Florida, on December 20, 1995, beginning
at 3:30 p.m. , and the City Clerk is hereby authorized and directed
3
to publish appropriate Public Notice of the said Public Hearings in
a newspaper of general circulation in the City of Miami Beach, at
which time and place all interested parties will be heard.
PASSED and ADOPTED this 21st day • November , 1995.
Joi
400
ATTEST: JAMS
17 YOR
d)4e." TY CLERK /
DJT:kw
c:wpwin60\resos\zoneord.res
FORM APPROVED
Legal Dept.
By
Date
4
•
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. CB`mot 0--1
TO: Mayor Seymour Gelber and
Members of the City Commission DATE: November 21, 1995
FROM: Jose Garcia-Pedrosa
City Manager
SUBJECT: Setting of First and Second Reading Public Hearing - An
Ordinance Amending Section 6, Entitled ',Schedule of
District Regulations", by Amending Subsection 6-12,
Entitled "GU Government Use District" by Providing that
Any Land or Air Rights Owned or Leased by the City or
Other Government Agency Shall Automatically Convert to a
GU Government Use Designation; by Deleting from the List
of Main Permitted Uses the Reference to Resolution No.
86-18491 Pertaining to Properties Considered for Sale
and/or Lease Which are Owned by the City and Ordinance
No. 89-2662 Pertaining to Development Agreements; by
Deleting from the List of Conditional Uses the Specific
Reference to Parking Garages and Private or Joint City
and Private Uses, Including Air Rights, and Adding Uses
Approved by the City Commission, Including Joint
City/Private Use; by Eliminating the Requirement that
Municipal Buildings, Uses and Sites Including Joint
City/Private Uses be Wholly Open and Accessible to the
General Public in Order to be Eligible for a Waiver of
Development Regulations by the City Commission; by
Providing that Use of Municipal Property by the Private
Sector Shall Require Planning Board Review Prior to City
Commission Approval; by Changing the Notice Requirements
for City Commission Hearings Required by Subsection 6-12
from at Least Thirty (30) Days to at Least Fifteen (15)
Days and Eliminating the Requirement of a 5/7 Vote for
Commission Approval of Uses in the GU District; by
Providing for a Repealer, Severability and an Effective
Date.
RECOMMENDATION
The administration recommends that the City Commission set a first
reading public hearing on December 6, 1995 and tentatively set a second
reading public hearing on December 20, 1995 regarding the amending
ordinance to clarify the development regulations for the Government Use
(GU) District.
PAGE 1 OF 6
AGENDA ITEM C ' r
DATE It-21 - 15
BACKGROUND
The City Attorney's Office in conjunction with the City
Administration has requested the attached amendment in order to
clarify the regulations regarding the uses, notice requirements and
ownership issues for municipal, private and joint City\private uses
in the GU Government Use District. The Commission referred the
amendment to the Planning Board on October 25, 1995.
The Planning Board will hear the item at their November 15, 1995
regular meeting. In an effort to expedite the ordinance amendment
process, the public hearings for the City Commission are being set
before the Planning Board actually holds its public hearing, in
anticipation of the Board making a recommendation.
ANALYSIS
The attached Ordinance amends certain regulations in Zoning
Ordinance Subsection 6-12, entitled "GU Government Use District" .
These amendments include the following:
1) Provides that any land or air rights owned or leased by
the City or other government agency shall automatically
convert .to a GU Government Use Designation. (Previously
this regulation did not pertain to air rights or leased
property. )
2) Deletes from the list of main permitted uses for the GU
Government Use District the reference to Resolution No.
86-18491 pertaining to properties considered for sale
and/or lease which are owned by the City as this former
resolution was repealed upon adoption of the "Shapiro"
Ordinance. Additionally, reference to Ordinance No. 89-
2662, pertaining to development agreements, is also
removed, as this Ordinance is codified in Section 9D-1 of
the Miami Beach City Code, (See page 6) .
3) Re-titles the "Conditional Use" category to "Private
Uses" . Private or joint City\private uses, including air
rights, would require approval by the City Commission at
a public hearing after review by the Planning Board. The
need for a conditional use permit for uses that
ultimately require Commission approval would be
unnecessary as long as private and joint City\private use
of municipal property is reviewed by the Planning Board
for its recommendation to the Commission. Notice
requirements would be the same as for the Commission.
PAGE 2 OF 6
4) Eliminates the requirement that municipal buildings, uses
and sites including joint City\private uses be wholly
open and accessible to the general public in order to be
eligible for a waiver of development regulations by the
City Commission.
5) Provides that use of municipal property by the private
sector, including joint City\private use, shall be
reviewed by the Planning Board prior to approval by the
City Commission.
6) Changes the notice requirements for City Commission
hearings required by Subsection 6-12 from at least thirty
(30) days to at least fifteen (15) days. (These hearings
pertain to waivers of development regulations and/or
approval of uses on GU property. ) Property owners within
375 ft. of the subject government property would still be
notified by mail regarding a proposal requiring a waiver
of development regulations.
7) Eliminates the 5/7 vote requirement for City Commission
approval for uses in the GU District. A simple majority,
four (4) votes, would be required.
There are no other proposed changes. The last three sections of
the amendment provide for repealer, severability and an effective
date.
In reviewing a request for an amendment to the Zoning Ordinance or
a change in land use, 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 is compatible with the Future
Land Use Map (FLUM) of the Comprehensive Plan
which would not be changed by the proposed
amendment.
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
at the present time.
PAGE 3 OF 6
3 . Whether the change suggested is out of scale with the needs of
the neighborhood or the City;
Consistent - The amendment is in scale with the overall
needs of the City to regulate municipal
property.
4 . Whether the proposed change would tax the existing load on
public facilities and infrastructure;
Consistent - The LOS for the area public facilities and
infrastructure should not be negatively
affected, if at all, by the proposed amending
ordinance.
5. Whether existing district boundaries are illogically drawn in
relation to existing conditions on the property proposed for
change;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment.
6. Whether changed or changing conditions make the passage of the
proposed change necessary;
Consistent - The existing regulations for municipal
property relating to private and joint
City\private use needs to be clarified to
address what the administration views as an
inconsistency in the present ordinance
language.
7. Whether the proposed change will adversely influence living
conditions in the neighborhood;
Consistent - The proposed change should not negatively
effect living conditions or the Quality of
Life for the surrounding properties.
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;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment.
PAGE 4 OF 6
9. Whether the proposed change will seriously reduce light and
air to adjacent properties;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment.
10. Whether the proposed change will adversely affect property
values in the adjacent area;
Consistent - We believe that property values would not be
negatively affected by the proposed amendment,
if at all.
11. Whether the proposed change will be a deterrent to the
improvement or development of adjacent property in accordance
with existing regulations;
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.
12. Whether there are substantial reasons why the property cannot
be used in accordance with existing zoning;
Consistent - The proposed amendment does not change the
underlying GU designation for a property.
13. Whether it is impossible to find other adequate Sites in the
City for the proposed Use in a district already permitting
such Use;
Not Applicable - This review criteria is not applicable to
this Zoning Ordinance amendment.
CONCLUSION
Based on the foregoing, the Administration recommends that the City
Commission set a first reading public hearing on December 6, 1995
and tentatively set a second reading public hearing on December 20,
1995 regarding the amending ordinance to clarify the development
regulations for the Government Use (GU) District.
JGP/HN-��I�
DJG\MHF\DISK#18\1243CMS.95
PAGE 5 OF 6
§ 9D-1 MIAMI BEACH CITY CODE § 9D-1
CHAPTER 9D.
DEVELOPMENT AGREEMENT APPROVAL PROCEDURES.
§9D-1. Authority to enter into development agreement;hearings.
Sec.9D-L Authority to enter into development agreement;
hearings.
The city commission shall have authority to enter into a
development agreement with any person having a legal or
equitable interest in real property located within the city's
jurisdiction if: (1) the development agreement meets all of the
requirements of the Florida Local Government Development
Agreement Act; (2) such agreement shall have been
considered by the city commission after two public hearings;
at the option of the city commission one of the public hearings
may be held by the City of Miami Beach Planning Board and
approved by the city commission at the second such hearing or
thereafter; and (3) notice of such public hearings shall have
been given in accordance with the Florida Local Government
Development Agreement Act of 1986. (Ord. No. 89-2662,§ 1.)
Page 6 of 6