C6D-Report- Land Use And Development Committee Meeting On February 15 2012~ 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: March 21, 2012
SUBJECT: REPORT OF THE FEBRUARY 1 , 2012 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on February 15, 2012.
Members in attendance were Commissioners Wolfson, Libbin 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 4:10 pm.
1. ELECTION OF CHAIR AND VICE-CHAIR
MOTION: Wolfson/Libbin -3-0: Michael Gongora as Chair.
MOTION: Libbin/Gongora -3-0: Jonah Wolfson as Vice-Chair.
2. 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
118-53, "COMPOSITION;" DIVISION 3, "DESIGN REVIEW BOARD,"
SECTION 118-72, "MEMBERSHIP;" DIVISION 4, "HISTORIC
PRESERVATION BOARD," SECTION 118-103, "MEMBERSHIP;" AND
118-104, "APPOINTMENT;' DIVISION 5, "BOARD OF ADJUSTMENT,"
SECTION 118-131, "MEMBERSHIP," TO CLARIFY THE
QUALIFICATIONS AND CATEGORIES OF MEMBERS TO BE
APPOINTED TO THE CITY'S LAND USE BOARDS; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE
DATE.
(RETURNING FROM THE OCTOBER 25, 2011 PLANNING BOARD MEETING,
ORIGINALLY REQUESTED BY CITY COMMISSION
JANUARY 28, 2009, ITEM C4H)
AFTER-ACTION: Richard Lorber introduced the item and explained that it clarified and
broadened the categories and qualifications of the members of the four Land Use
Boards. Henry Stolar spoke. Gary Appel, Charlie Urstadt and Nancy Liebman spoke
regarding the Miami Dade Preservation League role on the Historic Preservation Board.
The Committee went through each of the four Boards and discussed minor changes, as
follows: Historic Preservation Board: broaden Attorney licensed in Florida to licensed in
the U.S.; Planning Board: no change; Design Review Board: add to category IV "or
resident with interest or background in design issues; and Board of Adjustment: delete
C /_D Agenda Item -=...=;fP-=._
171 Date 3<;)/-/2
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of February 15, 2012
Page 2 of4
proposed change defining Financial Consultant, keep attorney licensed in the State of
Florida to conform with the City Charter.
MOTION: Wolfson/Libbin (3-0). Move ordinance to Commission with changes
referenced above.
3. DISCUSSION ON THE PARKING REQUIREMENT AND HOW WE CAN
INCENTIVIZE FOR GOOD HOTEL DEVELOPMENT.
(RETURNING FROM THE SEPTEMBER 21, 2011 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
FEBRUARY 9. 2011 CITY COMMISSION MEETING, ITEM C4C)
AFTER-ACTION: Deferred to the March 28, 2012 meeting.
4. 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.
{DEFFERED FROM THE JANUARY 18, 2012LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
APRIL 13. 2011 ITEM R9G MOTION #2)
AFTER-ACTION: Item was not reached.
4. 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, "ADMINISTRATIVE AND REVIEW
PROCEDURES," BY CREATING A NEW ARTICLE XII,
"ADMINISTRATIVE DETERMINATIONS," SECTIONS 118-801,
172
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of February 15, 2012
Page3 of4
"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.
(DEFFERED FROM THE JANUARY 18,2012 LUDC MEETING
REQUESTED BY CITY COMMISSION APRIL 13,2011
ITEM C4E & R9G MOTION #3)
AFTER-ACTION: Item was not reached.
5. 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.
(DEFERRED FROM THE JANUARY 18,2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JORGE R. EXPOSITO
OCTOBER 19,2011 CITY COMMISSION MEETING ITEM C4L)
AFTER-ACTION: DEFERRED
6. 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, "NONCONFORMANCES," 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.
(DEFERRED FROM THE JANUARY 18,2012 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
OCTOBER 19,2011 CITY COMMISSION MEETING ITEM C7M)
AFTER-ACTION: Deferred to the March 28, 2012 meeting.
173
City Commission Memorandum
Report of the Land Use & Development Committee Meeting of February 15, 2012
Page4 of4
7. DISCUSSION REGARDING SIDEWALK CAFE PERMITS ON THE DREXEL
AVENUE AND 16TH STREET SIDEWALKS IN FRONT OF THE RETAIL
SPACES OF THE PARK@ 420 GARAGE, LOCATED AT THE CORNER OF
16TH STREET & DREXEL AVE.
(RETURNING FROM THE JANUARY 18,2012 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
OCTOBER 19, 2011 CITY COMMISSION MEETING ITEM R7C)
AFTER-ACTION: Jorge Gomez explained the issue and described the meeting held
between the property owner's representatives and Mr. Shedroff, the issues discussed,
and the lack of consensus between the two parties. Commissioner Wolfson asked about
the situation with the sidewalk width and whether it was properly permitted. Lucia
Dougherty and George Kousoulas on behalf of the property owner explained their
understanding of the sidewalk width issue. The Committee discussed the matter of the
sidewalk cafe, and whether the City had plans to widen the sidewalk along Drexel
Avenue. Adam Shedroff spoke against having a sidewalk cafe in that location. Nancy
Leibman, Arthur Marcus, Jo Manning, and Jane Losson spoke against sidewalk cafes at
this location. The Committee discussed the matter and tried to balance the issue of
sidewalk cafes near residential areas with the fact that this is commercial zoning and no
other commercial area is limited in a similar manner.
MOTION: Libbin/Wolfson (3-0) Move to lift the stay on sidewalk cafe subject to the
actual sidewalk cafe application for the subject building being presented to the Land Use
Committee for final review and approval.
*See associated Resolution provided under separate cover in Commission agenda.
8. DISCUSSION OF AN ORDINANCE ESTABLISHING THE MIAMI BEACH
ENERGY ECONOMIC DEVELOPMENT ZONE.
(REQUESTED BY CITY COMMISSION
FEBRUARY 8, 2012 CITY COMMISSION MEETING, ITEM RSF)
AFTER-ACTION: Kevin Crowder explained the matter to the Committee, and
discussed the eligibility criteria, which should be as broad as possible, and include both
rehab and new construction. The process should be competitive, rather than first
come/first served.
MOTION: Wolfson/Gongora (2-0) Approve the ordinance.
Attachment
JMG/ItR~t-
T:\AGENDA\2012\3-21-12\LUDC Meeting of February 15, 2012 afteraction RGL.docx
174
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