C6B-Report- Land Use And Development Committee Meeting Of November 5 2012MIAMI
of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSIO MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the City Commission
FROM: Kathie G. Brooks, Interim City Manager ;J;{A ~
DATE: November 14, 2012
SUBJECT: REPORT OF THE NOVEMBER 5, 2012 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on November 5, 2012.
Members in attendance were Commissioners Gongora and Libbin. Mayor Bower also joined
the Committee. 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 4:20 pm.
I. ITEMS FOR WITHDRAWAL
II.
1. DISCUSSION REGARDING OF PROPERTY AT 1
APRIL 13,2011 CITY COMMISSION
AFTER-ACTION: WITHDRAWN. (Not to be placed back onto LUDC agenda without a
new referral approved by City Commission.)
1. a) DISTRICT
19, 2 LUDC
CITY COMMISSION
COMMISSION ITEM R5A)
AFTER-ACTION:
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City Commission Memorandum
Report of Land Use & Development Committee Meeting of November 5, 2012
Page 2 of5
1. b) PROPOSED ALTON ROAD HISTORIC DISTRICT BUFFER OVERLAY
(RETURNING FROM THE MAY 18,2011 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
~ARY 19, 20111TEM R5D)
AFTER-ACTION: DEFERRED TO DECEMBER 19.2012
2. DISCUSSION REGARDING A RESOLUTION BY THE HISTORIC PRESERVATION
BOARD TO MODIFY THE CODE GOVERNING THE VOLUNTARY DESIGNATION OF
SINGLE FAMILY HOMES.
(RETURNING FROM THE JULY 25, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY MAYOR MATTI HERRERA BOWER
SEPTEMBER 14.2011 CITY COMMISSION MEETING, ITEM C4M)
AFTER-ACTION: William Cary introduced the item, explaining that architecturally
significant homes that are proposed for demolition that were built prior to 1966 would be
subject to ORB review. He also mentioned the issue of the discount from building permit
fees. The Committee discussed including waiving Design Review Board fees in lieu of a
building permit fee discount.
MOTION: Libbin/Gongora: (2-0) Refer to Planning Board.
3. REDUCED PARKING RATES FOR HOTEL EMPLOYEES.
(DEFERRED FROM THE SEPTEMBER 19, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON,
OCTOBER 19,2011 CITY COMMISSION MEETING, ITEM C4K)
AFTER-ACTION: DEFERRED TO DECEMBER 19, 2012
4. REVIEW OF MIAMI BEACH LAND USE BOARDS TO IMPROVE THE CITY OF MIAMI
BEACH BUILDING AND PLANNING DEPARTMENT PROCESSES.
a). MINIMUM UNIT SIZES FOR HISTORIC HOTELS & RM-2 TOWER SETBACKS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS", BY AMENDING ARTICLE II,
ENTITLED "DISTRICT REGULATIONS", BY AMENDING SECTION 142-155 TO
MODIFY THE REQUIREMENTS FOR MINIMUM AND AVERAGE HOTEL ROOM SIZE
FOR HISTORIC HOTELS WITHIN THE RM-1 DISTRICT; BY AMENDING SECTION
142-217 TO MODIFY THE REQUIREMENTS FOR MINIMUM AND AVERAGE HOTEL
ROOM SIZE FOR HISTORIC HOTELS WITHIN THE RM-2 DISTRICT; BY AMENDING
SECTION 142-218 TO MODIFY THE TOWER SETBACK REQUIREMENTS WITHIN
THE RM-2 DISTRICT; BY AMENDING SECTION 142-246 TO MODIFY THE
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City Commission Memorandum
Report of Land Use & Development Committee Meeting of November 5, 2012
Page3 of5
REQUIREMENTS FOR MINIMUM AND AVERAGE HOTEL ROOM SIZE FOR
HISTORIC HOTELS WITHIN THE RM-3 DISTRICT; PROVIDING FOR INCLUSION IN
THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY AND AN
EFFECTIVE DATE.
b). RM-3 ACCESSORY USE SIGNAGE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 138,
ENTITLED "SIGNS", BY AMENDING ARTICLE V, ENTITLED "SIGN REGULATIONS
BY DISTRICT", BY AMENDING SECTION 138-172 TO MODIFY THE
REQUIREMENTS FOR HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3
DISTRICT; BY AMENDING SECTION 138-8 TO MODIFY THE REQUIREMENTS FOR
HOTELS AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT; BY
AMENDING SECTION 138-171 TO MODIFY THE REQUIREMENTS FOR HOTELS
AND APARTMENT BUILDINGS WITHIN THE RM-3 DISTRICT; PROVIDING FOR
INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER, SEVERABILITY
AND AN EFFECTIVE DATE.
c). POOL SETBACKS AND MECHANICAL EQUIPMENT SETBACK
ENCROACHMENTS
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF
THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142,
ENTITLED "ZONING DISTRICTS AND REGULATIONS", BY AMENDING ARTICLE
IV, ENTITLED "SUPPLEMENTARY DISTRICT REGULATIONS", BY AMENDING
SECTION 142-1133 TO MODIFY THE REQUIREMENTS FOR THE CONSTRUCTION
OF SWIMMING POOLS ON CORNER AND THRU LOTS WITHIN SINGLE FAMILY
DISTRICTS; BY AMMENDING SECTION 142-1132 TO MODIFY THE SETBACKS
FOR CENTRAL AIR CONDITIONERS AND OTHER MECHANICAL EQUIPMENT;
PROVIDING FOR INCLUSION IN THE CITY CODE; PROVIDING FOR REPEALER,
SEVERABILITY AND AN EFFECTIVE DATE.
(DEFERRED FROM THE SEPTEMBER 19, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GONGORA
MARCH 21 1 2012 CITY COMMISSION MEETING, ITEM C4M)
AFTER~ACTJON: DEFERRED TO DECEMBER 19, 2012
5. DISCUSSION OF RFP FOR TENNIS MAINTENANCE AND BIFURCATING
MAINTENANCE AND OPERATIONS.
(DEFERRED FROM THE SEPTEMBER 19, 2012 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
JUNE 61 2012 CITY COMMISSION MEETING, ITEM C4H)
AFTER-ACTION: DEFERRED TO DECEMBER 19 1 2012
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City Commission Memorandum
Report of Land Use & Development Committee Meeting of November 5, 2012
Page 4 of5
6. DISCUSSION REGARDING MIAMI BEACH UNITED RESOLUTIONS TO ADDRESS
THE ISSUE OF COMPATIBILITY OF CERTAIN USES IN PROXIMITY TO
RESIDENTIAL USES, TO CREATE SAFEGUARDS WHILE STILL ALLOWING FOR
FLEXIBILITY OF DEVELOPMENT.
(REFERRED BY COMMISSIONER MICHAEL GONGORA
JULY 18,2012 CITY COMMISSION MEETING, ITEM C4F)
AFTER-ACTION: Richard Lorber introduced the item, explaining that staff research
supports a distance of 100 feet from a residential zoning district, which would capture
restaurants on side streets adjacent to Lincoln Road, but not the Lincoln Road sidewalk
cafe's themselves. Nancy Liebman spoke in favor of the original MBU resolution, requiring
a distance of 200 feet, and imposing mandatory opening hours restrictions rather than
Planning Board Conditional Use approval. Sheryl Gold spoke out in favor of the original
resolution rather than staff's suggestion for 100 feet and Conditional Use. Christine Florez
spoke on behalf of West Avenue, and expressed frustration with the impact of certain
businesses upon nearby residents. Arthur Marcus, Adam Shedroff, Gayle Durham, Jack
Johnson and Frank DelVecchio spoke out against sidewalk cafes which could have negative
impacts upon nearby residents. Lucia Dougherty spoke regarding the Park @ 420 Garage
and their proposed sidewalk cafe, and expressed concern about the proposed hours of
operation.
Commissioner Libbin expressed the need for more study by staff, focusing on different
specific neighborhoods, with the aim of protecting residents but excluding those zones that
currently have multiple sidewalk cafes. Commissioner Gongora expressed the desire for
clear ground rules.
With regard to the second MBU resolution, Richard Lorber introduced the item and
mentioned the Palau development and Cabi development as examples of conflicts between
new proposed developments and single family neighborhoods. Nancy Liebman, Mark
Needle, Christine Florez, and Sheryl Gold all spoke in favor of the MBU resolution and the
need to address developments which have the potential to impact residential
neighborhoods.
MOTION: Libbin/Gongora: (2-0) Staff to do a further analysis of areas that have sidewalk
cafes and bring back information and recommendation regarding different neighborhoods, to
be brought back for the December meeting.
MOTION: Libbin/Gongora: (2-0) Staff to further analyze the MBU resolution and bring back
to the next LUDC meeting.
7. DISCUSSION REGARDING THE ENVIRONMENTAL IMPACTS OF ARTIFICIAL
TURF.
(REFERRED BY CITY COMMISSION
JULY 18, 2012 CITY COMMISSION MEETING, ITEM RSH)
AFTER-ACTION: Fred Beckmann introduced the matter regarding the environmental
impact of use of artificial turf. Staff has reviewed the issue, and determined the positive
aspects are the absence of water, fertilizer, and maintenance. Areas of concern are the
increased surface temperature, which could affect users, potential for the turf material to
possibly leach gases into the atmosphere, however, limited studies indicate this potential is
low; and reduction of rainwater flowing into the ground and increases in groundwater runoff.
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City Commission Memorandum
Report of Land Use & Development Committee Meeting of November 5, 2012
Page 5 of5
Staff recommends the use of artificial use for athletic fields and high-intensity use areas.
Staff will monitor the environmental impacts of artificial grass on athletic fields, for example,
temperature, drainage, etc. to evaluate the materials' performance and possible effect on
usability.
Mayor Bower expressed her continuing concern regarding the potential negative
environmental impact of the use of artificial grass.
MOTION: Gongora/Libbin: (2-0) Refer the matter to the Sustainability Committee.
8. DISCUSSION CONCERNING THE MOTION REGARDING HOURS OF OPERATION
FOR CLUBS AND BARS DURING SPECIAL LGBT EVENTS PASSED BY THE LGBT
BUSINESS ENHANCEMENT COMMITTEE.
{REFERRED BY COMMISSIONER MICHAEL GONGORA
SEPTEMBER 12. 2012 CITY COMMISSION MEETING, ITEM C4E)
AFTER-ACTION: Max Sklar explained that this request has come up in previous years.
The timing of the approvals in past years meant only some events were approved. Frank
DelVecchio spoke, questioning the rationale for approval of the extended hours. Victor
Diaz-Herman of the Winter Party organization spoke in favor of the extended hours.
MOTION: Gongora/Libbin: (2-0) Recommend approval of extended hours for Winter Party
and White Party only.
9. DISCUSSION REGARDING FOOD TRUCKS ON PRIVATE PROPERTY
(REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 12, 2012 CITY COMMISSION MEETING, ITEM C4K)
AFTER-ACTION: DEFERRED TO DECEMBER 19.2012
NEXT MEETING: DECEMBER 19,2012 (MOVED FROM DECEMBER 17, 2012.)
Attachment
KGB/
t:\agenda\2012\11-14-12\ludc meeting of november 5, 2012 afteraction.docx
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