C6A-Report- Land Use And Dev Committee Meeting And Workshop September 23 2013MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMI SION MEMORANDUM
TO: Mayor Matti Herrera Bower and Me
FROM: Jimmy L. Morales, City Manager
DATE: October 16, 2013
SUBJECT: REPORT OF THE SEPTEMBE 23, 2013 LAND USE AND DEVELOPMENT
COMMITTEE MEETING AND S ECIAL PUBLIC WORKSHOP
A Land Use and Development Committee meeting and Special Public Workshop was held
on September 23, 2013. Land Use Committee Members in attendance were Commissioners
Michael Gongora, Jonah Wolfson and Edward L. Tobin. Other Commission Members in
attendance were Mayor Matti Bower, Commissioners Jorge Exposito and Deede Weithorn.
Members from the Administration, including Jimmy Morales, Joe Jimenez, Richard Lorber,
Thomas Mooney, Michael Belush, Jose Smith, Gary Held and Deborah Turner, as well as
members of public, were also in attendance. Please see the attached sign~ in sheet
The meeting was called to order at 3:27pm.
3:00 REGULAR AGENDA
1. DISCUSSION OF THE REDEVELOPMENT OF THE TALMUDIC UNIVERSITY
PROPERTY LOCATED AT 4000 ALTON ROAD.
(REQUESTED BY COMMISSIONER JERRY LIBBIN
APRIL 17,2013 CITY COMMISSION MEETING, ITEM C4J)
AFTER-ACTION:
Richard Lorber provided an overview, including required legislation and amendments to
comprehensive plan. Michael Larkin presented on behalf of the Talmudic University and
indicated that the height increase desired is 85 feet. Mr. Larkin acknowledged that the
proposed project would comply with the proposed MBU single family height interface
Ordinance. Suria Yaffur from Zyscovich Architect presented the proposed initial site and
development plan.
Comm. Wolfson had a question regarding the specific property that the code amendment
would apply to. He also asked whether it makes sense to re-zone FOOT properties before or
after the actual purchase.
MOTION:
Refer to Planning Board as proposed. Tobin/Wolfson 3-0
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Agenda Item
Date
c. (OA
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City Commission Memorandum
Report of Land Use & Development Committee Meeting of September 23, 2013
Page 2 of4
2. DISCUSSION REGARDING TAXI SERVICE IN MIAMI BEACH AND MIAMI·DADE
COUNTY.
(REQUESTED BY COMMISSIONER MICHAEL GONGORA
SEPTEMBER 11, 2013 CITY COMMISSION MEETING, ITEM R9Q}
AFTER-ACTION:
Comm. Gongora provided a brief history of the matter. Deborah Turner provided an
overview of the Resolution proposed. Marcia Monserrat from the City Manager's office also
provided an overview of the proposed County Ordinance. Jimmy Morales updates the
Committee.
Comm Tobin suggested that the discussion be deferred.
MOTION:
Send an Administration representative to the Coonty Commission meeting to monitor the
item and report back to the LUDC. Gongora\WQ!fson (3-0}
3:30 SPECIAL PUBLIC WORKSHOP
1. DISCUSSION REGARDING ·Nfo,_:Af,IIENDMENT;:lO THE LAND DEVELOPMENT
REGULATIONS THAT WILL ~OTECTIOi2f.ROM TOTAL DEMOLITION OF
ARCHITECTURALLY SIGNIFICANT stR$1.E FAMrtY ,HOMES BUll T PRIOR TO
1942. . .
(RETlJRNWG FROM THE JQJE.12, ~3 LUDC MEETING
ORIGINALLY REQUESTED BV. MAYOR MATTI HERRERA BOWER
AND CITY COMMISSION
DECEMBER 12. 2812 CITY COMMISSION MEETING, ITEM C4P)
AFTER·ACTION:
Richard loJbef provided an overview of the proposed Ordinance by going over the proposed
new incentives.
Commission Discussion & Questions:
Mayor,Bower asked a question regarding the lot coverage changes and incentives.
Comm. Tobin had a question regarding the number of new homes that have been
constru~. Comm. Tobin stated that demolition across the board is not always a bad thing
and that it ~·important to retain/preserves homes of significant value.
Comm. Exposito had a question regarding proposed allowable lot coverage for a specific
home.
Mayor Bower expressed a concern with the size of homes in relation to the interior side
setbacks and asked whether 2nd floors can be further setback to prevent 'looming' effect.
Comm. Tobin had a question and raised a concern regarding minimum courtyard
requirements within interior side yards.
Comm Weithorn and Tobin had questions on post 1942 architecture and how post war
architecture is defined.
Comm Tobin had a question on how the DRB would have to 'substantially' reintroduce the
original scale, massing, etc.
Richard Lorber indicated that some of the language proposed could be further fine tuned.
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City Commission Memorandum
Report of Land Use & Development Committee Meeting of September 23, 2013
Page3of4
Comm. Tobin suggested that staff take photos of the 4-5 'problem' homes in order to
analyze what the problems and issues are.
Comm. Gongora indicated that he believes the compatibility of the new structures and
additions should be taken into account.
Mayor Bower also indicated that compatibility is important.
Comm. Weithhorn expressed a concern with the ORB trying to make an 'objective' decision
in a 'subjective' manner. She stressed that the DRB needs as much information as possible
to make the most informed decision.
Public Comment:
Emmanuel Sebag -agreed on objectives. Rules do not promote good architecture. Too
much uncertainties in current code. Concerns with proposals.onmassing, heights.
Julian Johnston -Preserving an existing home built in 1926
Kathy Burman -Parents long time residents. Concern with trying to sell existing home, and
impact that the demolition moratorium has had on the.ability to sell.
Gordon Loader-Proposed amendments should,.implemented quickly.
Jo Manning -Discussed issue of governm~:~·gulation and property rights. Supported
proposed regulations, as they will further co~bility.
Daniel Giraldo-Discussed the built environment and suP,POrt for the compromise proposal
before the LUDC. ..
Kent Robins -Indicated that the proposed re~s are conservative and believes
purpose of ordinance is to protect Ctirfent property o'Nt'te(s values.
Terry Beinstock-Discussed importance of:NeighborhoOds.
Jaimie Rubinson -Expressed a concern witiJ;:the details O;f the Ordinance. Specifically,
issue of lot sizes and what was originSt v. what ;)a en the site. Importance of emphasizing
that size of existing house can be replicated. AJSo had a concern with large, incompatible
additions to original homes.
Nelson Gonzalez -Indicated that the ordinance needs a lot of fine tuning.
Gary Appel -Indicated there are good incentives in the Ordinance. For own home the
retention and addition required a lot of variances. Ordnance would remove that burden for
retention of homes. SF neighborhoods are'.sifferent. Protection of Quality of Life of
neighborhood important.
Mici"laellarkin -Indicated that he thought there was a lack of homeowner outreach and that
in his opinion homeowners do not know about 'property rights' being diminished. He also
addressed the issue of flood insurance subsidies. On architecturally significant criteria, he
believes that the criteria should be fine tuned as current criteria is too broad. He also had an
issue with compatibility criteria of 375 feet.
Catherine Rodstein-Indicated the has a 1938, 1 story home and spent over $300,000.00
enhancing it..·:Now has 2 large modern houses flanking her. Expressed a concern with the
incompatibilitY of new homes within the established context. She believes that the
appropriate detennination for new homes is the ratio to the remainder of its surroundings.
Darren Tansy-Lives in a 1938 home and would not tear it down by his choice.
Dora Puig -Pre-1942 home owner, very happy with home but had a concern with the
impact of the ordinance on the re-sale value of the home. Also believes compatibility issue is
affected by FEMA requirements.
George Helvecki -Owns a Pre-1942 home and concerned about disincentives.
Danny Hertzberg -Believes proposed changes are an overreaction and that they have
already impacted the real estate market across the board for 'tear down' homes. Also
concerned with previous homes being 'substantially re-introduced.
Jill Hertzberg -Noted that she was born and raised in Miami Beach and promotes the City
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City Commission Memorandum
Report of Land Use & Development Committee Meeting of September 23, 2013
Page4of4
on a daily basis. Also noted that no City gets the same dollar per sq ft that Miami Beach
does.
Peter Luria -Lives in a pre-1942 home, but believes that the proposed ordinance is not
necessary. Suggested that oversized homes should be integrated into the discussion.
Joel Simmons-Read a letter from a prospective home owner regarding a pre-1942 home
and the impact of the ordinance on the new home proposed for property.
Commission Deliberations:
Comm. Tobin indicated that the LUDC should make a recommendation regarding the
proposed Ordinance.
Comm. Wolfson recommended against the Ordinance. .
Comm. Tobin suggested that some direction be giveJ:J;~ .:;and recommended that the
disincentives proposed be further studied. ~ · ··
Comm. Weithorn indicated that she does not believe··the Ordinance is ready to move
forward in its current form. Context data is missing and what is proposed is too much.
MOTION:
Recommendation NOT to approve the Ordinance (Tobin/WoJfson 2-0)
2. ORDINANCE AMENDMENT ~NING TO ·~IZED SINGLE FAMILY HOMES.
(REQUESIFD8V CITY CO'-$SION
SEPTEMBER 11.2013 ctTY C0...SSION MeETING ITEM C4E)
AFTER-ACTION: .. ./
Commissioner Tobin indicated that a ~eqwi'Fement for 'context' material was needed,
particularly for new homes impacted by FEMA requirements, which have an impact on
compatibility. Also indicated thal the 4-5 problem homes need to be photographed and
studied.
MOTION:,< ·
No aciiJI1'faken.
3. ot8cuSSION ON MCHITECTURALL Y SIGNIFICANT HOMES -THE CITY OF
CORAL GABLES ORDINANCE LANGUAGE IN REGARDS TO THE REVIEW OF
TOTAlQEMOLITIOit·REQUESTS FOR SINGLE FAMILY HOMES .
. (REQUESTED BY MAYOR MATTI HERRERA BOWER
SEPl'EIIBER 11,2013 CITY COMMISSION MEETING, ITEM C4J)
AFTER-ACTION:
No discussion and no action taken.
Item deferred.
Meeting Adjourned at 6:10 PM
Attachment
JLM/JMJ/RGL
t:\agenda\2013\october 16\report of the ludc meeting of september 23, 2013.docx
178
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