C6C-Report- Land Use And Development Committee Meeting Of July 22 2013lD 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 M mbers of tfe City ~om mission
Jimmy L. Morales, City Manager { ~
DATE: September 11, 2013
SUBJECT: REPORT OF THE JULY 22, 2013 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on July 22, 2013. Commission
Members in attendance were Commissioners Michael Gongora and Jerry Libbin. Members
from the Administration, including Joe Jimenez, Mark Taxis, Richard Lorber, Tom Mooney,
Eric Carpenter & 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 3:48pm.
1. REDUCED PARKING RATES FOR HOTEL EMPLOYEES.
{DEFERRED FROM THE JUNE 12,2013 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON,
OCTOBER 19 2011 CITY COMMISSION MEETING, ITEM C4K
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: DEFERRED.
2. 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 JUNE 12, 2013 LUDC MEETING
ORIGINALLY REFERRED BY COMMISSIONER JORGE R. EXPOSITO
OCTOBER 19 2011 CITY COMMISSION MEETING, ITEM C4L
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: DEFERRED.
3. REVIEW OF MIAMI BEACH LAND USE BOARDS TO IMPROVE THE CITY OF MIAMI
BEACH BUILDING AND PLANNING DEPARTMENT PROCESSES.
(DEFERRED FROM THE JUNE 12,2013 LUDC MEETING
Agenda Item C (; C.
211 Date 9-11-1.$
City Commission Memorandum
Report of Land Use & Development Committee Meeting of July 22, 2013
Page 2of7
ORIGINALLY REQUESTED BY COMMISSIONER MICHAEL GONGORA
MARCH 21 2012 CITY COMMISSION MEETING, ITEM C4M)
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: DEFERRED.
3 a) BOAT DOCKS AND MARINE STRUCTURES ORDINANCE.
(REQUESTED BY THE CITY COMMISSION
JULY 17, 2013 CITY COMMISSION MEETING ITEM, C4E)
AFTER-ACTION: DEFERRED.
4. DISCUSSION REGARDING THE POSSIBILITY OF RESTRICTING DESTINATION
RESTAURANTS IN THE SOUTH OF FIFTH NEIGHBORHOOD.
(REFERRED BY MAYOR MATTI HERRERA BOWER
MARCH 21 2012, ITEM C4N
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD
PER RESOLUTION NO. 2013-28147*
VERBAL REPORT
AFTER-ACTION: DEFERRED.
5. DISCUSSION OF PARKING ISSUES RELATING TO 816 WEST 40TH STREET.
(REFERRED BY COMMISSIONER JONAH WOLFSON
APRIL 11 2012 CITY COMMISSION, ITEM C4H
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD
PER RESOLUTION NO. 2013-28147*
VERBAL REPORT
AFTER-ACTION: DEFERRED.
6. DISCUSSION OF THE LEGALIZATION OF THE CURRENT USE OF 3767 CHASE
AVENUE.
(REFERRED BY COMMISSIONER JONAH WOLFSON
APRIL 11 2012 CITY COMMISSION MEETING, ITEM C41
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: DEFERRED.
7. DISCUSSION REGARDING FOOD TRUCKS ON PRIVATE PROPERTY.
(RETURNING FROM THE JUNE 12, 2013 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
SEPTEMBER 12 2012 CITY COMMISSION MEETING, ITEM C4K)
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER. 20131F NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: DEFERRED.
212
City Commission Memorandum
Report of Land Use & Development Committee Meeting of July 22, 2013
Page 3 of7
8. DISCUSSION ON A CODE AMENDMENT REQUIRING THAT THE PLANNING
BOARD HAS UP TO TWO (2) MEETINGS TO CONSIDER A PROPOSED
AMENDMENT; OR IF NO RECOMMENDATION IS MADE AFTER TWO (2)
MEETINGS, IT GOES TO COMMISSION WITHOUT PLANNING BOARD
RECOMMENDATION.
(REFERRED BY COMMISSIONER JONAH WOLFSON
OCTOBER 24 2012 CITY COMMISSION MEETING, ITEM C4N
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: DEFERRED.
9. DISCUSSION REGARDING PUBLIC SAFETY ISSUES IN ABANDONED HOMES ON
MIAMI BEACH (I.E. BEEHIVE).
(REFERRED BY COMMISSIONER EDWARD L. TOBIN
OCTOBER 24 2012 CITY COMMISSION MEETING, ITEM R90
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD
PER RESOLUTION NO. 2013-28147*
VERBAL REPORT
AFTER-ACTION: DEFERRED.
10. ZONING AND PLANNING INITIATIVES FOR NORTH BEACH INCLUDING
ORDINANCE AMENDMENTS FOR PARKING REQUIREMENTS AND
DEVELOPMENT REGULATIONS.
(RETURNING FROM THE APRIL 23, 2013 LUDC MEETING
ORIGINALLY REFERRED BY COMMISSIONER JERRY LIBBIN,
DECEMBER 12,2012 CITY COMMISSION MEETING, ITEM C41 #1}
AFTER-ACTION: DEFERRED.
11. DISCUSSION PERTAINING TO "SMARTER MATERIALS FOR NEXT GENERATION
INFRASTRUCTURE," SUCH AS ELIMINATING THE DISPOSAL OF TIRES IN
GLOBAL LANDFILLS AND INCINERATORS.
(DEFERRED FROM THE JUNE 12, 2013 LUDC MEETING
ORIGINALLY REFERRED BY COMMISSIONER MICHAEL GONGORA
DECEMBER 12 2012 CITY COMMISSION MEETING, ITEM C4M
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: DEFERRED.
12. DISCUSSION REGARDING THE CONDITION OF THE STONES IN THE 1100 BLOCK
OF LINCOLN ROAD.
(DEFERRED FROM THE JUNE 12, 2013 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JONAH WOLFSON
213
City Commission Memorandum
Report of Land Use & Development Committee Meeting of July 22, 2013
Page 4 of7
DECEMBER 12 2012 CITY COMMISSION MEETING, ITEM R9E
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: DEFERRED.
13. AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS TO REGULATE
RELIGIOUS INSTITUTIONS IN MULTI-FAMILY RESIDENTIAL, COMMERCIAL AND
INDUSTRIAL DISTRICTS IN THE SAME MANNER AS OTHER ASSEMBLY USES
WITH SIMILAR OCCUPANCY.
(REFERRED BY CITY COMMISSION
FEBRUARY 6 2013 CITY COMMISSION MEETING, ITEM C4C)
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: Gary Held provided an overview of the item. Specifically he points out
the Federal Laws providing religious institutions with certain protections, and.explained
RLUIPA, the Federal act addressing religious institutions and zoning. He proposes to
conform the City's land development regulations to equate
MOTION: Refer to Planning Board Libbin/Gongora (2-0)
14.DISCUSSION REGARDING AN AMENDMENT TO THE LAND DEVELOPMENT
REGULATIONS TO REGULATE TEMPORARY BUSINESS SIGNS ON PUBLIC
PROPERTY.
(REFERRED BY CITY COMMISSION
MARCH 13, 2013 CITY COMMISSION MEETING, ITEM C4D)
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: Richard Lorber provided an overview of the item. He provided a
comparison to FOOT program for temporary signs.
MOTION: Refer to City Commission with a favorable recommendation. Libbin/Gongora (2-
0).
15. DISCUSSION REGARDING AN AMENDMENT TO EXPAND THE PERMITTED USES
OF RM-2 ZONE PROPERTIES AND TO INCLUDE THE FOLLOWING PROPOSED
LANGUAGE: SEC. 142-212. -MAIN PERMITTED USES. THE MAIN PERMITTED
USES IN THE RM-2 RESIDENTIAL MULTIFAMILY, MEDIUM INTENSITY DISTRICT
ARE SINGLE-FAMILY DETACHED DWELLINGS; TOWNHOMES; APARTMENTS;
APARTMENT-HOTELS; AND HOTELS.; AND OFFICES THAT ARE INCIDENTAL TO
AND CUSTOMARY WITH A HOTEL IN THE RM-3 DISTRICT FRONTING COLLINS
AVENUE LOCATED NO MORE THAN 1,200 FEET FROM THE PROPERTY,
MEASURED BY FOLLOWING A STRAIGHT LINE FROM THE LOT ON WHICH THE
OFFICE IS LOCATED TO THE LOT ON WHICH THE HOTEL IS LOCATED,
PROVIDED THAT THE LOT ON WHICH THE OFFICE IS LOCATED SHALL BE
GOVERNED BY A RESTRICTIVE COVENANT, APPROVED AS TO FORM BY THE
CITY ATTORNEY'S OFFICE AND RECORDED IN THE PUBLIC RECORDS OF THE
COUNTY AS A COVENANT RUNNING WITH THE LAND, STIPULATING THAT THE
214
City Commission Memorandum
Report of Land Use & Development Committee Meeting of July 22, 2013
Page 5 of7
OFFICE USE SHALL BE INCIDENTAL TO AND CUSTOMARY IN CONNECTION
WITH THE HOTEL AND MAY ONLY REMAIN SO LONG AS THE HOTEL USE
CONTINUES.
(REQUESTED BY COMMISSIONER DEEDE WEITHORN
MARCH 13. 2013 CITY COMMISSION MEETING, ITEM C4J)
AFTER-ACTION:
Steve Wernick addressed the Committee regarding the item and its impact on the Saxony
West I Atlantic Hotel project.
Comm. Libbin indicated that he was ok with the proposal.
MOTION: Refer to Planning Board. Libbin/Gongora (2-0)
16. DISCUSSION ON AN ORDINANCE REQUIRING AN OUTSIDE FIRM OR THE CITY
BEING THE ENTITY THAT MAILS NOTICES IN LAND USE SITUATIONS.
!REFERRED BY COMMISSIONER JONAH WOLFSON
MARCH 13 2013 CITY COMMISSION MEETING, ITEM C4N
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: DEFERRED.
17. DISCUSSION REGARDING CHAPTER 30, ENTITLED ''CODE ENFORCEMENT,''
ARTICLE I, ENTITLED "IN GENERAL," ARTICLE II, ENTITLED "SPECIAL
MASTERS," AND ARTICLE ILL, ENTITLED "ENFORCEMENT PROCEDURE," OF
THE CODE OF THE CITY OF MIAMI, FLORIDA.
(REFERRED BY COMMISSIONER JONAH WOLFSON
MARCH 13 2013 CITY COMMISSION MEETING, ITEM C4R
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 20131F NOT HEARD
PER RESOLUTION NO. 2013-28147*
VERBAL REPORT
AFTER-ACTION: DEFERRED.
18. DISCUSSION ON CHAPTER 46, ENTITLED "ENVIRONMENT," ARTICLE IV,
ENTITLED "NOISE," OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA.
(REFERRED BY COMMISSIONER JONAH WOLFSON
MARCH 13 2013 CITY COMMISSION MEETING, ITEM C4S
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD
PER RESOLUTION NO. 2013-28147*
VERBAL REPORT
AFTER-ACTION: DEFERRED.
19. DISCUSSION ON AN AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS
WHICH WOULD ADDRESS AND CLARIFY THE ELIGIBILITY FOR CONTRIBUTING
BUILDINGS IN HISTORIC DISTRICTS TO BE CONVERTED TO BED & BREAKFAST
INNS WITHIN THE CITY OF MIAMI BEACH.
(REFERRED BY COMMISSIONER MICHAEL GONGORA
215
City Commission Memorandum
Report of Land Use & Development Committee Meeting of July 22, 2013
Page 6 of7
MARCH 13 2013 CITY COMMISSION MEETING, ITEM C4T
*ITEM TO BE AUTOMATICALLY WITHDRAWN BY SEPTEMBER, 2013 IF NOT HEARD
PER RESOLUTION NO. 2013-28147*
AFTER-ACTION: Richard Lorber introduced the item, explaining the Bed & Breakfast
regulations, and how a recent amendment opened up a loophole in the eligibility that needs
now to be corrected.
MOTION: Libbin I Gongora (2-0). Forward to Planning Board for review.
20. 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.
(DEFERRED FROM THE JUNE 12, 2013 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
MAY 8, 2013 CITY COMMISSION MEETING, ITEM RSH)
AFTER-ACTION: DEFERRED.
21. A RESOLUTION TO AMEND THE CITY'S HUMAN RIGHTS ORDINANCE TO
REQUIRE THE POSTING OF NOTICES IN EVERY PLACE OF HOUSING AND
HOUSING ACCOMMODATION AND CITY OF MIAMI BEACH DEPARTMENT AND
FACILITY THAT IS SUBJECT TO THE HUMAN RIGHTS ORDINANCE.
(REFERRED BY MAYOR MATTI HERRERA BOWER
APRIL 17,2013 CITY COMMISSION MEETING, ITEM C4E)
AFTER-ACTION: Rob Rosenwald and City Clerk Rafael Granado introduced the Miami
Beach Human Rights ordinance. This will require posting in workplaces of the applicable
announcements. The location of the posters is specified to be where the client who uses
the particular service will see it. The Committee asked several questions regarding the
proposal. Comm. Gongora asked for clarification on the violations section of the Ordinance.
Comm. Libbin asked a question about the posting and notification of the regulations. Staff
responded by indicating that notice must be posted in most businesses. Comm. Libbin
raised a concern regarding the total number of signs that will be required.
Alan Fishman, Chair of Human Rights Committee, addressed the land Use Committee
regarding the item. He provided information on the website, as well as the multi-language
notices.
Comm. Libbin raised a concern regarding the ability to enforce the requirement for signage
Citywide.
216
City Commission Memorandum
Report of Land Use & Development Committee Meeting of July 22, 2013
Page 7of7
MOTION: Gongora I Libbin (2-0). Recommend in favor of Resolution at Full Commission.
22. REFERRAL TO THE LAND USE AND DEVELOPMENT COMMITTEE -DISCUSSION
REGARDING INCORPORATING THE STORMWATER MANAGEMENT MASTER
PLAN INTO THE LAND DEVELOPMENT REGULATIONS.
(REFERRED BY CITY COMMISSION
JULY 17,2013 CITY COMMISSION MEETING, ITEM C40)
AFTER-ACTION: Eric Carpenter introduced the item, explaining the Stormwater
Management Master Plan, and its recommendations for applying requirements to new
development. This proposal would include these recommendations in the Land
Development Regulations. Commissioner Libbin expressed concern about the current
Stormwater Master Plan, and explained that he needed more information on these issues.
Comm. Gongora asked about the timing.
Eric Carpenter explained that it would be important to apply these standards to the
Convention Center project, and then to future private projects.
Joe Jimenez suggested that the matter move forward, with a provision to allow the plan to
be amended.
MOTION: Deferred to the October LUDC
23. CONSIDERATION OF A PROPOSED BALLOT QUESTION TO PERMIT LIMITED
TRANSFER OF FAR WITHIN A SPECIFIC ZONE, PURSUANT TO CRITERIA THAT
SHALL BE ESTABLISHED IN UPCOMING ORDINANCES REGARDING ALTON
ROAD.
(REQUESTED BY COMMISSIONER DEEDE WEITHORN
JULY 17. 2013 CITY COMMISSION MEETING, ITEM C4R)
VERBAL REPORT
AFTER-ACTION: DEFERRED.
24. DISCUSSION ON ITEMS AUTOMATICALLY BEING WITHDRAWN IF NOT HEARD
WITHIN SIX MONTHS FROM REFERRAL DATE PER RESOLUTION NO. 2013-28147.
AFTER-ACTION: DEFERRED.
Attachment [~L
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VERBAL REPORT
t:\agenda\2013\september 11\ludc meeting of july 22 2013 afteraction.docx
217
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