C6D-Report- Land Use And Development Committee Meeting On October 26 2011~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
DATE: December 14, 2011
SUBJECT: REPORT OF THE OCTOBER 2
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on October 26, 2011.
Members in attendance were Commissioners Wolfson, Gongora and Libbin (alternate).
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 4:22pm.
1. DISCUSSION REGARDING TEMPORARY STOREFRONT SIGNS.
AFTER-ACTION: Richard Lorber introduced the item and explained that the ordinance
as proposed would not permit commercial window covers, but would permit
noncommercial supergraphics to be incorporated into storefront windows along with real
estate and/or construction signs.
MOTION: Gongora/Wolfson (2-0) Forward to Planning Board two versions of the
proposed ordinance, one as prepared and presented, requiring Planning Department
staff review of proposed storefront window wraps, and a second version which would
allow such storefront window wraps without City review.
2. DISCUSSION OF NOTICING REQUIREMENTS FOR CONTINUANCES BY
ANY OF THE LAND USE BOARDS.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY
AMENDING CHAPTER 118, "ADMINISTRATIVE AND REVIEW
PROCEDURES," ARTICLE II, "BOARDS," DIVISION 5, "BOARD OF
ADJUSTMENT," SECTION 118-134, "NOTIFICATION OF
HEARINGS;" ARTICLE IV, "CONDITIONAL USE PROCEDURE,"
SECTION 118-193 "APPLICATIONS FOR CONDITIONAL USES";
ARTICLE VI, "DESIGN REVIEW PROCEDURES;" ARTICLE X,
"HISTORIC PRESERVATION;" AND ARTICLE XI "NEIGHBORHOOD
CONSERVATION DISTRICTS (NCO) ;" TO CLARIFY THAT
CONTINUANCES SHALL BE NOTICED BY MAIL AFTER THE FIRST
CONTINUANCE GRANTED BY A LAND USE BOARD; PROVIDING
FOR REPEALER; CODIFICATION; SEVERABILITY AND AN
EFFECTIVE DATE.
AFTER-ACTION: DEFERRED
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Report of the Land Use & Development Committee Meeting of October 26, 2011
Page 2 of4
3. SHORT-TERM RENTAL ORDINANCE ENFORCEMENT.
AFTER-ACTION: Robert Santos-Aiborna introduced the item, and recapped the recent
experience of the Code Compliance Division with the various enforcement actions taken
to the Special Masters. Eric Harari complained about the City's Code Compliance
efforts, and asked why more progress cannot be made shutting down illegal short term
rentals. Andrew Gale elaborated on those comments, and enquired why the City cannot
get the Special Master to enforce the ordinance. Commissioner Wolfson discussed the
Special Master further. Commissioner Gongora explained how Special Masters are
appointed and suggested that they be educated regarding special issues within the City.
Judy Robertson and Adam Shedroff spoke.
MOTION: Gongora/Wolfson (2-0) Direct City Attorney's Office to prepare a meeting with
the Special Masters, the Committee also requested that further information on short term
rental enforcement be provided through written reports.
4. DISCUSSION OF JURISDICTION OF LAND USE BOARDS OVER
APPEALS.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING
CHAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES,"
ARTICLE II, "BOARDS," DIVISION 2, "PLANNING BOARD," SECTION
118-51, "POWERS AND DUTIES," DIVISION 3, "DESIGN REVIEW
BOARD," SECTION 118-71, "POWERS AND DUTIES," DIVISION 4,
"HISTORIC PRESERVATION BOARD," SECTION 118·102, "POWERS
AND DUTIES," DIVISION 5, "BOARD OF ADJUSTMENT," SECTION
118-136, "POWERS AND DUTIES," TO CLARIFY AND AMEND THE
POWERS AND JURISDICTIONS OF THESE LAND USE BOARDS
WHEN APPEALS ARE FILED FROM ANY ORDER, REQUIREMENT,
DECISION, OR DETERMINATION MADE BY THE PLANNING
DIRECTOR OR HIS DESIGNEE, INCLUDING ADMINISTRATIVE
DETERMINATIONS,PROVIDING FOR REPEALER; CODIFICATION;
SEVERABILITY AND AN EFFECTIVE DATE.
AFTER-ACTION: DEFERRED
5. DISCUSSION OF PROCEDURES FOR OBTAINING INFORMAL OPINIONS
AND FORMAL ADMINISTRATIVE DETERMINATIONS FROM THE
PLANNING DIRECTOR.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND
DEVELOPMENT REGULATIONS OF THE CITY CODE BY AMENDING
CHAPTER 118, "ADMINISTRATIVE AND REVIEW PROCEDURES,"
BY CREATING A NEW ARTICLE XII, "ADMINISTRATIVE
DETERMINATIONS," SECTIONS 118-801, "INFORMAL OPINIONS,"
118-802, "FORMAL ADMINISTRATIVE DETERMINATIONS," AND 118-
803, "EFFECT OF OPINIONS AND DETERMINATIONS," TO CLARIFY
AND AMEND THE PROCEDURES FOR OBTAINING INFORMAL
OPINIONS AND FORMAL ADMINISTRATIVE DETERMINATIONS
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City Commission Memorandum
Report of the Land Use & Development Committee Meeting of October 26, 2011
Page3of4
FROM THE PLANNING DIRECTOR, PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
AFTER-ACTION: DEFERRED
6. DISCUSSION ON THE DE-INTENSIFICATION OF THE 1-1 LIGHT INDUSTRIAL
DISTRICT.
AFTER-ACTION: DEFERRED
7. DISCUSSION ON THE DEVELOPMENT NORTH OF LINCOLN ROAD.
AFTER-ACTION: Commissioner Gongora introduced the discussion about the area
north of Lincoln Road. Concerns about the future of the Lincoln Road area mean that
the City should plan for this area. City Manager Jorge Gonzalez elaborated upon the
idea that many retailers are beginning to examine frontages onto Lincoln Lane, and that
the City also owns several pieces of property used as parking lots in this zone. Retailers
may want to focus more in future on the north Lincoln Lane area, and possibly have
Lincoln Lane north as a pedestrian way. Commissioner Libbin suggested that the
Commission should explore this concept. Commissioner Gongora agreed that the
Commission should move forward with this. Robert Wennett, Frank DelVecchio, Adam
Shedroff and Michael Comras spoke on the subject.
MOTION: Gongora/Libbin (3-0) Move item to the full Commission for discussion, and for
staff to be sure to advertise the item well.
8. DISCUSSION REGARDING CONTROLLED, LIMITED, AND ATTENTIVE OFF-
LEASH HOURS AT PINE TREE PARK.
AFTER-ACTION: Hilda Fernandez introduced the item and discussed the recent
experience with dogs and dog owners at Pine Tree Park. Commissioner Libbin
discussed the situation at South Point Park as comparison. Members of the public
spoke, including Trish Bush, Howard Packer, Diane Camber, June Mooney, Elaine
Nordey, Garret Grabarnick, Randy Johnson, Hank Bush, Cesar deFuentes, Henry
Lowenstein, and several others. Commissioner Wolfson expressed dissatisfaction with
stepped up Code Compliance. Commissioner Libbin discussed bringing the matter to
the full Commission, and indicated his preference to keep the existing rules regarding
leashes. Commissioner Gongora suggested a widely publicized public workshop on the
subject, and requested the Administration to provide more information on the potential
for expanding the enclosed bark-park area.
MOTION: Direct the Administration to set up a public workshop, and bring more
information on options to expand the enclosed bark park area and/or locate a designated
off-leash area during certain areas, and direct Code Compliance to abate full
enforcement of the regulations by only issuing warnings, not code violations.
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City Commission Memorandum
Report of the Land Use & Development Committee Meeting of October 26, 2011
Page4 of4
9. DISCUSSION ON ARTIFICIAL GRASS AT HOTELS AND HOMES AND THE
PLANNING DEPARTMENT PROCEDURE FOR APPROVING SAME.
AFTER-ACTION: Commissioner Wolfson introduced the item and explained the Dune
Overlay District. Commissioner Gongora expressed the feeling that artificial grass
should not be widely used, but had no objections to the matter being referred to the
Planning Board and then brought back to the Committee. Commissioner Wolfson
expressed his preference to permit artificial grass with no restrictions, but decided that
both versions of the proposal should be sent to the Planning Board.
MOTION: Gongora/Wolfson (2-0) Send both versions of the proposed ordinance
permitting artificial grass in the Dune Overlay District (one permitting unlimited use, and
one setting a maximum of 50% of the required landscape area and requiring setbacks
from side property lines) to Planning Board and then bring back to LUDC.
Attachment
T:\AGENDA\2011\12-14-11\LUDC Meeting of October 26, 2011 afteraction.docx
146
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