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