C6E-Report- Land Use And Development Committee Meeting On November 21 2011m MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachA.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 NOVEMBER 2 , 20 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on November 21, 2011.
Members in attendance were Commissioners Wolfson, Exposito and Gongora.
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 4:25pm.
1. 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: Richard Lorber introduced the item, that the ordinance as written
would allow one continuance without re-noticing, and then require re-noticing for
subsequent continuances. It also includes a clause to exclude those continuances due
to lack of a quorum. Commissioner Wolfson expressed his opinion that the current code
required all hearings to be noticed, including all continuances. City Attorney staff
expressed the need to clarify whether this was the case, and that the pending ordinance
would do that. Members of the public spoke, including Kent Harrison Robbins, Arthur
Marcus, Jo Manning, Frank DelVecchio. The members discussed the proposed
ordinance, and expressed consensus with the ordinance as currently proposed.
149
Agenda Item C C E
Date I J.-fl(-1 I
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of November 21, 2011
Page2of3
MOTION: I (3-0) Gongora/Exposito; move the item to the full Commission.
2. 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: Item not reached due to loss of quorum. (See comment below)
3. 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
FROM THE PLANNING DIRECTOR, PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
AFTER-ACTION: Gary Held explained how the City Attorney's Office has determined
that this ordinance, as well as the ordinance in item 2 above, would require a
referendum as per the City Charter and discussed the matter with Commissioner
Wolfson. Commissioner Wolfson stated that he would like to still have an ordinance that
requires Administrative Determinations to be published. Staff explained that the
ordinance should also clarify what constitutes an administrative determination.
MOTION: NONE. Meeting ended due to loss of a quorum.
150
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of November 21, 2011
Page3of3
4. DISCUSSION ON THE DE-INTENSIFICATION OF THE 1-1 LIGHT INDUSTRIAL
DISTRICT.
AFTER-ACTION: Commissioner Wolfson introduced the item. Richard Lorber gave a
background history of the 1-1 Light Industrial District, and the most recent amendments
to the area regulations. Members of the public spoke, including Kent Harrison Robbins,
Andrew Mirmelli, Zalman Fellig, Solomon Fellig, Scott Robins, Marilyn Freundlich, and
Nancy Liebman. Commissioner Gongora expressed a general feeling that for this area,
restaurants up to 120 persons occupancy should be permitted as a matter of right, and
anything greater should be a Conditional Use. Commissioner Exposito indicated he was
in favor of de-intensification of this area. Commissioner Wolfson indicated that he would
like to prohibit main use mechanical garages within this area.
MOTION: I (3-0) Gongora/Exposito; Directed staff to bring back the latest work on
amending the parking regulations, even if they are not yet ready, in December, and bring
the other issues (Neighborhood Impact Establishments, Main Use Garages, and
examining Rezoning the area to Commercial) in January.
5. a) DISCUSSION ON A POSSIBLE AMENDMENT TO THE ACCESSORY USE
REGULATIONS FOR THE RM-2 ZONING DISTRICT TO PERMIT A LIMITED
NUMBER OF COMMERCIAL ACCESSORY USES IN AN APARTMENT BUILDING
ADJACENT TO A PUBLIC BAYWALK TO BE OPEN TO THE PUBLIC.
5. b) DISCUSSION REGARDING THE BAYWALK CONSERVATION DISTRICT
PROPOSAL PUT FORTH BY MEMBERS OF THE LINCOLN WEST
NEIGHBORHOOD ASSOCIATION.
AFTER-ACTION: ITEM TEMPORARILY WITHDRAWN
Attachment
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