C6C-Report- Land Use And Development Committee Meeting On March 28 2012~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
Mayor Matti Herrera Bower and Members of the City Commission
Jorge M. Gonzalez, City Manager ~
April11, 2012 0 v
SUBJECT: REPORT OF THE MARCH 28, 2012 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on March 28, 2012.
Members in attendance were Commissioners Gongora, Libbin and Wolfson. Mayor
Bower and Commissioner Exposito were also in attendance. 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 4:20pm.
1. DISCUSSION ON THE PARKING REQUIREMENT AND HOW WE CAN
INCENTIVIZE FOR GOOD HOTEL DEVELOPMENT.
(RETURNING FROM THE FEBRUARY 15,2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
FEBRUARY 9, 2011 CITY COMMISSION MEETING, ITEM C4C)
AFTER-ACTION: DEFERRED
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.
(RETURNING FROM THE FEBRUARY 15,2012 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
APRIL 13, 2011 ITEM R9G MOTION #2)
AFTER-ACTION: DEFERRED
· Agenda ltem_C_w_C __
Date 'I-ll-I :L _ __.;....~--
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Report of the Land Use & Development Committee Meeting of March 28, 2012
Page 2 of6
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.
(RETURNING FROM THE FEBRUARY 15,2012 LUDC MEETING
REQUESTED BY CITY COMMISSION
APRIL 13, 2011 I ITEM C4E & R9G MOTION #3)
AFTER-ACTION: DEFERRED
4. 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.
(RETURNING FROM THE NOVEMBER 21, 2011 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER EDWARD L. TOBIN
APRIL 13, 20111TEM C4H)
4. b) DISCUSSION REGARDING THE BAYWALK CONSERVATION
DISTRICT PROPOSAL PUT FORTH BY MEMBERS OF THE LINCOLN
WEST NEIGHBORHOOD ASSOCIATION.
(RETURNING FROM THE NOVEMBER 21,2011 LUDC MEETING
ORIGINALLY REFERRED BY MAYOR MATTI HERRERA BOWER &
VICE MAYOR JONAH WOLFSON
MAY 11,2011 CITY COMMISSION MEETING ITEM C4G)
AFTER-ACTION: Steve Polisar introduced himself and the history of this issue.
Commissioner Gongora acknowledged Mr. Polisar and the history of discussing this
item. Mr. Polisar indicated his clients desire to have a low-intensity office use in the
ground floor of the Mae Capri building. Commissioner Libbin asked what kind of office
he had in mind. Frank DelVecchio spoke against the proposal and indicated he thought
this proposal had been withdrawn. Arthur Marcus indicated that the Lincoln West
neighborhood association did not agree with the proposal. Jorge Gomez indicated that
perhaps the Home Based Business ordinance could guide any proposed change. Mr.
McConaghan the proponent argued that his unit could not be used as residential
because it was built at below minimum required flood level. Mr. DelVecchio stated that
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Mr. Marcus and himself would be willing to continue to explore this process.
Commissioner Gongora expressed that he would be more comfortable if the parties
were to sit together one more time and try to reach consensus before the next meeting,
and that staff should be involved at the meeting.
MOTION: Libbin/Wolfson: (3-0). The parties are to meet and try to reach consensus,
with City staff in attendance, and come back to the Committee next month.
5. a)
1. HISTORIC PRESERVATION REGULATIONS
CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE
ENACTING LESS STRINGENT STANDARDS FOR HISTORIC
PRESERVATION.
SHALL THE CHARTER BE AMENDED TO REQUIRE THAT, AFTER
NOVEMBER 7, 2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE
TO CHAPTER 118, ARTICLE II, DIVISION 4 OF THE CITY CODE (ENTITLED,
"HISTORIC PRESERVATION BOARD"}, OR TO CHAPTER 118, ARTICLE X,
OF THE CODE ("HISTORIC PRESERVATION"), WHICH EITHER REDUCES
THE POWERS AND DUTIES OF THE BOARD, OR CREATES LESS
STRINGENT HISTORIC PRESERVATION STANDARDS OR REGULATIONS,
FIRST BE APPROVED BY A MAJORITY OF VOTERS IN A CITYWIDE
ELECTION?
2. HEIGHT RESTRICTIONS
CHARTER AMENDMENT REQUIRING VOTER APPROVAL BEFORE
ALLOWING INCREASED BUILDING HEIGHTS, EXCEPT FOR CITY
PROPERTY.
SHALL THE CHARTER BE AMENDED SO THAT, AFTER NOVEMBER 7,
2012, AND BEFORE BECOMING EFFECTIVE, ANY CHANGE TO THE LAND
DEVELOPMENT REGULATIONS IN THE CITY CODE, EXCEPT FOR CITY-
OWNED PROPERTY IN THE GOVERNMENT USE AND CIVIC AND
CONVENTION CENTER ZONING DISTRICTS, WHICH ALLOWS INCREASED
BUILDING HEIGHTS SHALL FIRST BE APPROVED BY A MAJORITY OF
VOTERS IN A CITYWIDE ELECTION?
(REQUESTED BY MAYOR MATTI HERRERA BOWER
JULY 13,2011 CITY COMMISSION MEETING, ITEM R7G; AND
DECEMBER 14, 2011 CITY COMMISSION MEETING, ITEM C4C)
5. b) DISCUSSION ON A PROPOSAL TO PUT THE HISTORIC PRESERVATION
BOARD ENABLING LANGUAGE IN CHARTER SO AS TO PROTECT THE
COMPOSITION AND EXISTENCE OF OUR CITY'S PRESERVATION
MECHANISM.
(ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
DECEMBER 14,2011 CITY COMMISSION MEETING, ITEM C4D)
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Report of the Land Use & Development Committee Meeting of March 28, 2012
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AFTER-ACTION: The Committee members were joined by Mayor Bower and
Commissioner Exposito in discussing the merits of the two Charter Proposals, as well as
an unofficial draft by Frank DelVecchio. The discussion focused on how it would be
determined whether a proposal was deemed more or less stringent with regards to
Historic Preservation standards or regulations. Nancy Leibman spoke that if the
proposal is limited to historic districts, she believed it should also include public
buildings.
MOTION: (3-0) moved to recommend charter amendment 1 to the full City Commission
and return to committee to discuss charter amendment 2 above to the Land Use and
Development Committee in April (same motion as Neighborhoods Committee).
6. DISCUSSION ON ARTIFICIAL GRASS AT HOTELS AND HOMES AND THE
PLANNING DEPARTMENT PROCEDURE FOR APPROVING SAME.
(RETURNING FROM THE JANUARY 14,2012 PLANNING BOARD MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 14,2011 CITY COMMISSION MEETING, ITEM C4C)
AFTER-ACTION: DEFERRED
7. DISCUSSION REGARDING A RESOLUTION BY THE HISTORIC
PRESERVATION BOARD TO MODIFY THE CODE GOVERNING THE VOLUNTARY
DESIGNATION OF SINGLE FAMILY HOMES.
(REQUESTED BY MAYOR MATTI HERRERA BOWER
SEPTEMBER 14,2011 CITY COMMISSION MEETING, ITEM C4M)
AFTER-ACTION: DEFERRED
8. DISCUSSION OF THE RM-3 REGULATIONS CONCERNING ATTACHED AND
DETACHED ADDITIONS TO BUILDINGS IN THE ARCHITECTURAL
DISTRICT.
(REQUESTED BY COMMISSIONER ED TOBIN,
OCTOBER 19, 2011 CITY COMMISSION MEETING, ITEM C41)
AFTER-ACTION: Richard Lorber introduced the item. Michael Larkin began the
presentation and introduced Allen Shulman, who showed graphics of the South Seas
hotel, and how the historic hotel was originally built and how it was added on to later.
MOTION: Wolfson/Libbin (3-0). Move the proposal to the Planning Board.
9. 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 FEBRUARY 15,2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JORGE R. EXPOSITO
OCTOBER 19,2011 CITY COMMISSION MEETING ITEM C4L)
AFTER-ACTION: Richard Lorber introduced the item and explained the maps
contained in the staff report, showing the existing liquor stores in Miami Beach, a 300
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Report of the Land Use & Development Committee Meeting of March 28, 2012
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foot radius around each of them, and a 1,500 foot radius around each one. The effect of
extending the distance from 300 feet to 1,500 feet would be to require a variance for just
about any newly proposed liquor store. He explained how the Board of Adjustment has
been able to approve variance requests with voluntary proffers from the applicant to limit
sales of single cans of beer or similar sized containers which have proved problematic.
The discussion centered upon not prohibiting new liquor stores, but subjecting them to
Board of Adjustment scrutiny in order to limit concentration of uses, and provide the
opportunity for proffers of additional community safeguards.
MOTION: Wolfson/Gongora (2-1; Libbin opposed) Send to Planning Board and bring
back to LUDC before Commission.
10. 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 FEBRUARY 15,2012 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
OCTOBER 19,2011 CITY COMMISSION MEETING ITEM C7M)
MOTION: Libbin/Wolfson (3-0) Withdraw the referral and go no further with this
request.
11. DISCUSSION CONCERNING THE TERMINAL ISLAND TRAFFIC STUDY AND
CIRCULATION STUDY.
(REQUESTED BY COMMISSIONER MICHAEL GONGORA
MARCH 21, 2012 CITY COMMISSION MEETING, ITEM C4K)
VERBAL REPORT
AFTER-ACTION: Richard Lorber introduced the issue, noting the draft traffic study
prepared by Atkins to analyze a proposed relocation of towing storage facilities to
Terminal Island. The study makes some recommendations how the traffic on Terminal
Island and the Macarthur Causeway could be improved. A discussion was had on
moving towing to Terminal Island. The Committee requested that staff disseminate the
draft traffic study report, and bring back discussion of general improvements to Terminal
Island traffic congestion to the Committee next month.
MOTION: Wolfson/Gongora (2-1; Libbin opposed). Table discussion of moving towing
to Terminal Island and send an expression of same to the City Commission.
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City Commission Memorandum
Report of the Land Use & Development Committee Meeting of March 28, 2012
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12. DISCUSSION ON WAYS TO ENHANCE THE LAND USE BOARDS OF MIAMI
BEACH IN ORDER TO IMPROVE THE CITY OF MIAMI BEACH BUILDING
AND PLANNING DEPARTMENT AND PROCESSES.
(REQUESTED BY COMMISSIONER MICHAEL GONGORA
MARCH 21,2012 CITY COMMISSION MEETING, ITEM C4M)
AFTER-ACTION: DEFERRED
Attachment
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