C6C-Report- Land Use And Development Committee Meeting On January 18 2012lD MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager \ ~"~
DATE: February 8, 2012 0
SUBJECT: REPORT OF THE JANUARY 18, 2012 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on January 18, 2012.
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 4:27pm.
Commissioner Wolfson nominated Commissioner Gongora as chair of the Committee for
the year 2012. It was seconded by Commissioner Exposito. Vote: 3-0
1. a) 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.
(RETURNING FROM THE NOVEMBER 21,2011 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
APRIL 13, 20111TEM R9G MOTION #2)
1. b)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,
97
~genda Item C& C
Date ;2.-f'c..J?...
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of January 18, 2012
Page2of4
"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: DEFERRED
2. DISCUSSION ON THE DE-INTENSIFICATION OF THE 1·1 LIGHT INDUSTRIAL
DISTRICT.
AFTER-ACTION: Richard Lorber, Acting Planning Director began by introducing the
issue, and Jorge Gomez, Assistant City Manager explained the proposed reductions in
parking requirements for small businesses in the Sunset Harbour neighborhood. The
Committee discussed what the correct threshold should be for parking reductions, which
would encourage neighborhood commercial establishments and discourage destination
restaurants and retail. The Committee decided that the reduction should apply to
restaurants of 100 seats or less, and up to 3,500 s.f., and retail stores up to 3,500 s.f.
The Committee also requested that the Planning Board look at permitting impact fees to
be paid for new construction in this district subject to certain thresholds. For
Neighborhood Impact Establishment threshold, it was decided by the Committee to
permit up to 1 00 seats and 125 persons occupancy as of right, with any greater intensity
requiring Planning Board Conditional Use approval.
The Committee discussed also amending item (11) in Section 1 of the ordinance and
change "alcoholic beverage establishments," to "restaurants with alcoholic license."
They also requested that staff bring back the mechanical garage ordinance, perhaps
prohibiting mechanical parking in this district.
MOTION: Gongora/Wolfson -3-0. Forward ordinance to Planning Board for review with
the following criteria:
• Within Sunset Harbour neighborhood, eliminate parking requirements for restaurants
of 100 seats or less, and up to 3,500 s.f., and for retail stores up to 3,500 s.f.
• Requirement for Conditional Use for alcoholic beverage establishments greater than
1 00 restaurant seats or 125 person patron occupancy content.
• Requirement for Conditional Use for main use parking garages in 1-1 district.
• Consideration of permitting the satisfaction of required parking through the payment
of a fee in-lieu of parking for developments of <10,000 sq. ft. of new construction.
• Also bring back to the LUDC an ordinance addressing the issues associated with
parking garages and mechanical parking systems.
3. DISCUSSION OF THE MIAMI BEACH CURRENT CITY CODE CHAPTER 6·4 (3)
RELATING TO ALCOHOLIC BEVERAGE SALES THAT REQUIRES A 300 FOOT
DISTANCE BETWEEN LIQUOR STORES AND ASK THAT THE CITY LOOK INTO
ADOPTING THE COUNTY REQUIREMENT OF 1500 FEET.
98
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of January 18, 2012
Page 3 of4
AFTER-ACTION: DEFERRED
4. USE OF LEGAL NONCONFORMING COMMERCIAL BUILDING IN SINGLE·
FAMILY DISTRICTS.
A RESOLUTION SETTING A FIRST READING PUBLIC HEARING TO
CONSIDER AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CITY CODE BY AMENDING CHAPTER 118, "ADMINISTRATIVE AND
REVIEW PROCEDURES," ARTICLE IX, "NONCONFORMANCE$," SECTION
118-393 NONCONFORMING USE OF BUILDINGS;" AND CHAPTER 142,
"ZONING DISTRICTS AND REGULATIONS," ARTICLE II, " DISTRICT
REGULATIONS," DIVISION 2, "RS-1, RS-2, RS-3, RS-4 SINGLE FAMILY
RESIDENTIAL DISTRICTS," TO PERMIT AN EXISTING LEGAL
NONCONFORMING COMMERCIAL BUILDING TO BE USED AS A CHILD
CARE CENTER OR SCHOOL AS A CONDITIONAL USE.
AFTER-ACTION: DEFERRED
5. DISCUSSION REGARDING THE STAY IN APPROVING ANY SIDEWALK CAFE
PERMITS ON THE DREXEL AVENUE AND 16TH STREET SIDEWALKS IN FRONT OF
THE RETAIL SPACES OF THE LINCOLN EAST GARAGE, LOCATED AT 420
LINCOLN ROAD.
AFTER-ACTION: George Kousalis (420 Lincoln Road) introduced the project and
showed the Committee a graphic of the sidewalk area adjacent to the subject parking
garage. Adam Shedroff read into the record letters from citizens opposed to sidewalk
cafes at this location, and showed pictures of residential apartment buildings across the
street from the garage. Lucia Dougherty, representing the garage owners, indicated that
the Planning Board had already imposed a limitation of 150 seats total, both inside and
outside. She proffered that the owners were willing to not install any outdoor speakers
at this site. Mr. Kousalis indicated that perhaps 40 seats could be accommodated on the
sidewalk area. The Committee discussed the area and what could be accommodated at
the site. Nancy Liebman argued against permitting sidewalk cafes near residential
areas. Commissioner Gongora recommended that the stay be lifted and the sidewalk
cafe approval be carefully crafted to limit hours and intensity, and perhaps limiting
outdoor speakers or outdoor music. Commissioner Exposito and Gongora both
Inquired of staff why the illegal installation of sidewalk construction and speakers by the
Yardbird restaurant at 1600 Lenox has been allowed to continue. Fred Beckmann
responded that he will look into enforcement at Yardbird, and requested that the
Committee give guidance whether the previously mentioned 40 seats would be OK with
the Committee. Mr. Shedroff argued that there should be no outside restaurant seating
across from residential.
MOTION: Exposito/Gongora. Vote: 2-0 (Wolfson absent). Have the parties (420 Lincoln
Road and Mr. Shedroff) meet together before the February 8, 2012 Commission
meeting, and if a consensus cannot be reached, bring back to LUDC.
Attac~~
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