C6B-Report- Land Use And Development Committee Meeting On June 12 2013lD 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 Me
FROM: Jimmy L. Morales, City Manager
DATE: July 17, 2013
SUBJECT: REPORT OF THE JUNE 12, 013 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on June 12, 2013. Commission
Members in attendance were Commissioners Michael Gongora and Jonah Wolfson.
Members from the Administration, including Jorge Gomez, Joe Jimenez, Mark Taxis,
Richard Lorber, Tom Mooney & Gary Held, as well as members of public, were also in
attendance. Please see the attached sign-in sheet.
The meeting was called to order at 3:48 pm.
1. DISCUSSION REGARDING THE FOOT ALTON ROAD PROJECT AND THE ALTON
ROAD RECONSTRUCTION COALITION (AARC).
(REFERRED BY COMMISSION GONGORA
JUNE 5, 2013 CITY COMMISSION MEETING, ITEM R9G)
(VERBAL REPORT)
AFTER-ACTION: Eric Carpenter introduced the matter and discussed the meeting held
with FDOT earlier this morning. FDOT staff will take two weeks to explore possible changes
to the Alton Road plans. There was discussion about the drainage system and the layout of
the roadway. The drainage design is complete and it is not reasonable to redesign the
project at this time. There is a possibility to widen the median and slightly narrow the travel
lanes.
Members of the public spoke, including Paul Jonas and Dennis Russ.
2. REDUCED PARKING RATES FOR HOTEL EMPLOYEES.
(DEFERRED FROM THE APRIL 23, 2013 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON,
OCTOBER 19. 2011 CITY COMMISSION MEETING, ITEM C4K)
AFTER-ACTION: DEFERRED
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
143
Agenda Item C (,B
Date 7-17-13
City Commission Memorandum
Report of Land Use & Development Committee Meeting of June 12, 2013
Page 2 of5
ADOPTING THE COUNTY REQUIREMENT OF 1500 FEET.
(DEFERRED FROM THE APRIL 23, 2013 LUDC MEETING
ORIGINALLY REFERRED BY COMMISSIONER JORGE R. EXPOSITO
OCTOBER 19,2011 CITY COMMISSION MEETING, ITEM C4L)
AFTER-ACTION: DEFERRED
4. REVIEW OF MIAMI BEACH LAND USE BOARDS TO IMPROVE THE CITY OF MIAMI
BEACH BUILDING AND PLANNING DEPARTMENT PROCESSES.
(DEFERRED FROM THE APRIL 23,2013 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GONGORA
MARCH 21.2012 CITY COMMISSION MEETING, ITEM C4M)
AFTER-ACTION: DEFERRED
5. DISCUSSION REGARDING FOOD TRUCKS ON PRIVATE PROPERTY.
(RETURNING FROM THE APRIL 23,2013 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 12,2012 CITY COMMISSION MEETING, ITEM C4K)
AFTER-ACTION: DEFERRED
6. DISCUSSION PERTAINING TO "SMARTER MATERIALS FOR NEXT GENERATION
INFRASTRUCTURE," SUCH AS ELIMINATING THE DISPOSAL OF TIRES IN
GLOBAL LANDFILLS AND INCINERATORS.
(DEFERRED FROM THE APRIL 23,2013 LUDC MEETING
ORIGINALLY REFERRED BY COMMISSIONER MICHAEL GONGORA
DECEMBER 12,2012 CITY COMMISSION MEETING, ITEM C4M)
AFTER-ACTION: DEFERRED
7. DISCUSSION REGARDING AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS THAT WILL CREATE PROTECTION FROM TOTAL DEMOLITION OF
ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES BUll T PRIOR TO
1942.
(RETURNING FROM THE FEBRUARY 13,2013 LUDC MEETING
ORIGINALLY REQUESTED BY MAYOR MATTI HERRERA BOWER
AND CITY COMMISSION
DECEMBER 12.2012 CITY COMMISSION MEETING, ITEM C4P)
AFTER-ACTION:
Richard Lorber provided an overview of the proposed Ordinance.
Commissioner Wolfson commented on the following:
• Supports the voluntary recognition of pre-1966 homes, but suggests that the actual
process be clarified.
• Supports efforts to incentivize retention of architecturally significant homes.
• Suggests that the Emergency Demolition Order condition be modified so as to not
include intentional demolition.
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City Commission Memorandum
Report of Land Use & Development Committee Meeting of June 12, 2013
Page 3of5
• Suggests further clarifying 1 story limits
The following members of the public spoke:
Emmanuel Sebag:
• Expressed a concern with FEMA impacts on overall height, as the proposal could
limit 2nd floors. Expressed a concern with contextual zoning requirements and that if
a lot is flanked by 2 one story houses, it could be problematic. Application of laws
affects a number of homes and more residents should be notified.
Todd Glazer:
• Concern with FEMA changes and continued increases in minimum flood
requirements. Impact of height significant on floor vqlumes.
Charlie Urstadt: · ·
• Indicates that the big picture must be looked at. Small, limited exceptions can go
through a process, but the larger general character cannot be overlooked.
Gary Appell:
• Incentives should extend to designated homes Judy Hershkowitz: .························
• Standards for new construction shd.uld be more cohesive.
Francine Lehan:
• Expressed concern with oversized homes, character of Miami Beach and impact of
new homes on established character.
Michael Larkin:
• Expressed a concern with the lack of meetings and communication on the issue.
Submits comparison of 2004 and 2006 SF Ordinance requirements. Concern with
elimination of DRB ability to increase lot coverage.
Peter Luria:
• Discussed the need for balance between property rights and preservation. Concern
with impact on value of properties.
Jeanette Varela:
• Supports preservation and has a concern with stability of new homes going up
quickly.
Kent.Robbins:
• Speaking on behalf of MDPL. Need to preserve value of neighborhoods. One of the
factors of quality of life in neighborhoods is scale.
Comm. Wolfson indicates that he is supportive of the Ordinance as it encourages small
scale houses, and it is voluntary for homes built between 1942 and 1966.
Comm. Gongora: Expressed a need for public workshops and outreach
MOTION: Gongora I Wolfson (2-0) Refer the proposal to the Planning Board. Also, expand
public outreach through public workshop meetings.
8. DISCUSSION REGARDING THE PROPOSED ORDINANCE "REVISING THE YEAR
OF REVIEW FOR ARCHITECTURAL SIGNIFICANCE OF SINGLE FAMILY HOMES
FROM THE CURRENT 1942 TO THE YEAR 1966, AND BY MODIFYING THE
PROCEDURES FOR THE REVIEW AND APPROVAL OF DEMOLITION REQUESTS
FOR SINGLE FAMILY HOMES DETERMINED TO BE ARCHITECTURALLY
SIGNIFICANT AND NOT LOCATED WITHIN A DESIGNATED HISTORIC DISTRICT".
(REFERRED BY COMMISSIONER JONAH WOLFSON
145
City Commission Memorandum
Report of Land Use & Development Committee Meeting of June 12, 2013
Page 4 of5
MARCH 13,2013, CITY COMMISSION MEETING, ITEM R9H)
AFTER-ACTION: Richard Lorber provided an overview of the legislation. Commissioner
Wolfson explained his opposition to this concept. Commissioner Gongora expressed his
desire for a survey of homes to be completed, in order to better gauge the impact of the
Ordinance on Single Family homes. Jorge Gomez pointed out that additional resources
would be needed to conduct a survey.
Members of the public, including Arthur Marcus spoke.
MOTION: Gongora I Wolfson (2-0) Refer the proposed Ordinance to the Finance and City
Wide Projects Committee.
9. DISCUSSION CONCERNING A PROPOSED AMENDMENT OF THE CHARTER TO
PROHIBIT THE INVOLUNTARY DESIGNATION OF SINGLE-FAMILY RESIDENCES
AS INDIVIDUAL HISTORIC SITES, HEREINAFTER REFERRED TO AS THE MIAMI
BEACH HOMEOWNER PROTECTION ACT.
(RETURNING FROM THE FEBRUARY 13, 2013 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
JANUARY 16,2013, CITY COMMISSION MEETING, ITEM C41)
AFTER-ACTION: No Action Taken.
10. DISCUSSION REGARDING A RESOLUTION PURSUANT TO CITY CODE SECTION
118-591 DECLINING TO PURSUE THE PROPOSED DESIGNATION OF 42 STAR
ISLAND DRIVE AS A HISTORIC SITE.
(REFERRED BY CITY COMMISSION
MAY 8, 2013 CITY COMMISSION MEETING, ITEM R9G)
AFTER-ACTION: Daniel Giraldo, a member of the public, spoke and indicated that owner
consent has not been a requirement in past. Gary Held indicated that the proposal is a straw
ballot. Commissioner Wolfson requested that the straw poll issue remain on the agenda.
11. DISCUSSION REGARDING THE CONDITION OF THE STONES IN THE 1100 BLOCK
OF LINCOLN ROAD.
(DEFERRED FROM THE APRIL 23,2013 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
DECEMBER 12, 2012 CITY COMMISSION MEETING, ITEM R9E}
AFTER-ACTION: DEFERRED
12. DISCUSSION REGARDING THE CURRENT SIDEWALK CAFE ORDINANCE.
(RETURNING FROM THE APRIL 23, 2013 LUDC MEETING}
a} DISCUSSION REGARDING THE LINCOLN ROAD UTILIZATION AREAS FOR
SIDEWALK CAFES.
(REQUESTED BY COMMISSIONER MICHAEL GONGORA
JANUARY 16, 2013 CITY COMMISSION MEETING, ITEM C4R}
146
City Commission Memorandum
Report of Land Use & Development Committee Meeting of June 12, 2013
Page 5 of5
b) USE OF ELECTRICITY BY SIDEWALK CAFES; AND REFER ALL CURRENT
SIDEWALK CAFE MATTERS TO LUDC.
(REQUESTED BY COMMISSIONER DEEDE WEITHORN AND CITY COMMISSION
JANUARY 16. 2013, ITEM R9G)
c) DISCUSSION REGARDING RESTAURANT SOLICITATION OF PEDESTRIANS ON
CITY SIDEWALKS, PARTICULARLY OCEAN DRIVE AND LINCOLN ROAD.
(ORIGINALLY REFERRED TO NCAC BY COMMISSIONER EDWARD L. TOBIN
DECEMBER 12.2012 CITY COMMISSION MEETING, ITEM C4H)
AFTER-ACTION: Stephen Scott provides an overview and an update on the issue.
MOTION: Move to Full Commission without a recommendation. Commissioner Wolfson
opposed.
13. DISCUSSION REGARDING AN ITEM ADDRESSING THI; USES ADJACENT TO ST.
PATRICK'S CHURCH AND THE POSSIBILITY OF PERMITTING ADDITIONAL USES.
(REQUESTED BY COMMISSIONER EDWARD L. TOBIN
MAY 8, 2013 CITY COMMISSION MEETING, ITEM C4H)
AFTER-ACTION: Richard Lorber provides an overview. Desiree Kane from Commissioner
Tobins office indicates that Nuns can live in homes.
MOTION: Wolfson I Gongora (2-0) Refer an Ordinance to the Planning Board to expand
the 40th Street Religious Institution Overlay to include St. Patricks.
14. ACCESSORY SETBACK ENCROACHMENTS
AN ORDINANCE 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 142-1132 TO MODIFY THE SETBACKS FOR ALLOWABLE
ENCROACHMENTS INCLUDING DRIVEWAYS, CARPORTS AND MECHANICAL
EQUIPMENT; BY AMENDING SECTION 142-1133 TO MODIFY THE SETBACK
REQUIREMENTS FOR SWIMMING POOLS AND THE REQUIREMENTS FOR THE
CONSTRUCTION OF SWIMMING POOLS ON CORNER AND THRU LOTS WITHIN
SINGLE FAMILY DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
(REQUESTED BY CITY COMMISSION
MAY 8, 2013 CITY COMMISSION MEETING, ITEM RSH)
AFTER-ACTION: DEFERRED
Attachment
JLM/JMJ/RGL
t:\agenda\2013~uly 17\ludc meeting of june 12 2013 afteraction -final.docx
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