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20110119 supplementalMIAMI BEACH City Commission Meeting SUPPLEMENTAL MATERIAL City Hall Commission Chambers 3rd Floor 1700 Convention Center Drive January 19 2011 Mayor Matti Herrera Bower Vice Mayor MichaelGbngora Commissioner Jorge Exposito Commissioner Jerry Libbin Commissioner Edward L Tobin Commissioner Deede Weithorn Commissioner Jonah Wolfson City Manager Jorge M Gonzalez City Attorney Jose Smith y City Clerk Robert E Parcher visit us at wwwMiamibeachfigov for agendas and video streaming of City Commission Meetings ATTENTION ALL LOBBYISTS Chapter 2 Article VII Division 3 of the City Code of Miami Beach entitled Lobbyists requires the registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City Commission any City Board or Committee or any personnel as defined in the subject Code sections Copies of the City Code sections on lobbyists laws are available in the City Clerks office Questions regarding the provisions of the Ordinance should be directed to the Office of the City Attorney SUPPLEMENTAL AGENDA C4 Commission Committee Assignments C413 Referral To The Land Use And Development Committee Discussion Regarding Advertising Requirements For All Land Use Boards Requested by Commissioner Jerry Libbin Additional information Supplemental Agenda January 19 2011 C6 Commission Committee Reports C6C Report Of The Land Use And Development Committee On December 13 20101 Discussion On The Issuance Of A Request For Proposal RFP To Develop A City Wide Transportation Plan 2 Discussion To Tighten The City Ordinance InvolvingConditional Use Procedure For Second Hand Stores 3 Discussion Regarding RM 3 Districts And Requiring Any Transient Rental To Comply With State And City Law Sales Tax Being Paid And Guests Being Registered In Occupancy At A Front Desk Operation 4 Discussion Of Lessening The Intensity Of The I 1 District 5 Alton Road Historic District Buffer Overlay 6 Ordinance Providing A Recycling Program For Multi Family Residences And Commercial Establishments Revised Memorandum V y 1 J t MIAMI BEAC h a 4 t OFFICEOF THE MAYOR AND COMMISSION IWMORANDUM f TO Jorge M Gonzalez City Manager FROM Jerry Libbin Commissioner DATE January 18 2010 SUBJECT Agenda Item Please place on the January 19th 2011 Commission meeting agenda a referral to the Land Use t Committee to discuss the advertising requirements for all Land Use Boards specifically the publi requirement for continued hearings Thank you JL 1 Agenda Item C q B We are committed to providing excellent public service and safely to all who live work and play in out Date I1 THIS PAGE IN1ENTINALLY LEFT BLANK M City of Miami Beach 1700 Convention Center Drive Miami Beach Florida 33139wwwmiamibeachfl9ov COMMISSION MEMORANDUM TO Mayor Matti Herrera Bower and Members of the City Commission FROM Jorge M Gonzalez City Manager DATE January 19 2011 SUBJECT REPORT OF THE DECEMBER 1 2010 LAND USE AND DEVELOPMENT COMMITTEE MEETING revised A meeting of the Land Use and Development Committee was held on December 13 2010 Members in attendance were Commissioners Wolfson and Tobin Commissioners Libbin and Weithorn also attended Members from the Administration and the public were also in attendance Please see the attached sign in sheet The meeting was called to order at 420 pm OLD BUSINESS 1 DISCUSSION ON THE ISSUANCE OF A REQUESTFOR PROPOSAL RFP TO DEVELOP A CITY WIDE TRANSPORTATION PLAN RETURNING FROM THE OCTOBER 252010 LUDC MEETING AFTER ACTION Deferred to January 31 2011 NEW BUSINESS 2 DISCUSSION TO TIGHTEN THE CITY ORDINANCE INVOLVING CONDITIONAL USE PROCEDURE FOR SECOND HAND STORES ITEM C4F NOVEMBER 17 2010 CITY COMMISSION MEETING AFTERACTION Richard Lorber introduced the item and explained the existing rules for both Pawnshops and Second Hand Goods stores Currently the City Code specifies that in those commercial zoning districts that permit them pawnshops are a Conditional Use requiring review and approval by the Planning Board Second Hand Goods stores however while subject to some regulation are not conditional uses The Committee discussed extending a similar Conditional Use requirement to second hand goods dealers non apparel MOTION TobinWolfson vote 2 0 Refer the matter to the Planning Board 3 DISCUSSION REGARDING RM 3 DISTRICTS AND REQUIRING ANY TRANSIENT RENTAL TO COMPLY WITH STATE AND CITY LAW SALES TAX BEING PAID AND GUESTS BEING REGISTERED IN OCCUPANCY AT A FRONT DESK OPERATION ITEM C41 SEPTEMBER 15 2010 CITY COMMISSION MEETING Agenda Item C c Date I tJ City Commission Memorandum revised Report of the Land Use Development Committee Meeting of December 13 2010 Page 2 of 3 AFTER ACTION Commissioner Weithorn discussed the matter with the committee and explained her concerns regarding Condo hotel units being rented by individual owners rather than through the hotel pool or a management company City Attorneys Office indicated that it would be difficult to compel an owner to rent through these channels exclusively Staff indicated that nevertheless the City Code and Florida Statutes are clear that even one individual condo hotel unit rented by its owner is responsible for paying resort taxes Commissioner Weithorn indicated that rather than pursuing a Code change it would be acceptable for the Finance Department to pay special attention when auditing Condo Hotel facilities for resort tax purposes and ensure that individually owned and leased hotel units not accounted for under the main hotel pool should be looked into and made to comply with existing requirements 4 DISCUSSION OF LESSENING THE INTENSITY OF THE 1 1 DISTRICT ITEM R5F NOVEMBER 17 2010 CITY COMMISSION MEETING AFTERACTION Commissioner Wolfson introduced the item and the Committee discussed the various issues related to intensity in the 1 1 district of Sunset Harbour Discussion focused upon the proposed towing facility at the former Windjammer building Richard Lorber updated the Committee on the status of that application The Committee directed staff to move forward to tighten the regulations within that district to take appropriate steps to limit the number of towing companies in the neighborhood and to ensure the vacation of the Empire Plumbing site by Tremont Towing if they are approved for an alternate location Nancy Liebman spoke about the neighborhood and expressed support for the proposed legislative changes The Committee also requested limitations on Neighborhood Impact Establishments within the area and at the request of staff referred the medifiGatinn directed staff to bring back to the Committee proposed modifications of the citywide mechanical parking ordinance to the Planning Rnarrl The committee requested that staff remove the previously referred ordinance making garages in the 1 1 District conditional uses from the Planning Board agenda while these items are worked on MOTION Staff to prepare additional modifications to the regulations for then I 1 Urban Light Industrial district including limits on towing facilities Neighborhood Impact Establishments and other developments with potential for negative impacts RefeFFed the f edifiGatirn Requested that proposed modifications of the citywide mechanical parking ordinance be brought back to the Committee Planning Beaind 5 ALTON ROAD HISTORIC DISTRIC BUFFER OVERLAY ITEMS R5A R5J NOVEMBER 17 2010 CITY COMMISSION MEETING AFTER ACTION Jorge Gomez and Richard Lorber introduced the item and explained how staff has been meeting with attorneys representing certain property owners who objected to the ordinance and with representatives from the neighborhoods in an attempt to forge a compromise on several limited points of disagreement As a result the Administration proposed an alternate version of the ordinance that would satisfy the City Commission Memorandum revised Report of the Land Use Development Committee Meeting of December 13 2010 Page 3 of 3 most critical objections from both sides while continuing to represent sound planning principles and the interests of the city at large Staff indicated that although there are still two or three points of contention the two sides are much closer than previously Neisen Kasdin spoke on behalf of property owners and indicated their points of agreement and their points of contention Members of the Flamingo Park Neighborhood Association spoke including Jack Johnson Jeff Donnelly Denis Russ Mark Needle Adam Shedroff and others spoke of their continuing concerns regarding the potential for n development to impact the historic district Gabrielle Redfern spoke in favor of reducing or eliminating parking requirements Tammy Tibbles and Jimmy Resnick spoke in favor of maintaining a higher level of development rights Commissioner Tobin expressed continued support for the buffer area at the rear of the Alton Road properties abutting residential uses but had additional questions regarding the rest of the issues Commissioner Wolfson expressed support for the lower heights originally recommended by the Planning Board Commissioner Libbin enquired into how the allowable square footage was permitted to be distributed and pointed out the distances from the rear setback of the upper portion of the buildings to the rear property line Jorge Gomez summarized the ordinances goals and explained that the Administrations revised proposal makes sense from the planning standpoint MOTION vote 3 0 Continue the matter for one month until the next LUDC meeting in January 6 ORDINANCE PROVIDING A RECYCLING PROGRAM FOR MULTI FAMILY RESIDENCES AND COMMERCIAL ESTABLISHMENTS ITEM C4A DECEMBER 8 2010 CITY COMMISSION MEETING AFTER ACTION Staff explained the proposed ordinance which will require mandatory recycling via the establishment of a City of Miami Beach Recycling Program for multifamily residences and commercial establishments in the City The Committee discussed the two versions of the Ordinance Option A the Administration version and Option B the Sustainability Committee version MOTION Tobin no second Approve the original version of the proposed ordinance MOTION WeithornWolfson vote 3 0 Bring the Administration version of the proposed ordinance to the Finance Committee Attach e t ML JMG G RGL TAAGENDA2010 November 17 Consent LUDC Meeting of October 25 201 Odocx D LU r A iv 11 1 v mss j i i r W QWQ w 1 W w c W O Q H U c LU V r 0 a W W v Nay 5 w J r S 5 J7 f CU tf 1 4 0 0 iL c v O J 7 IL LU LU t 3 NN 6 t A sue i O N co d U CO ti CO O O s N M CO