C6A-Report- Land Use And Development Committee Meeting On January 22 2014~ MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeochfl.gov
COMMISSION MEMORANDUM
Mayor Philip Levine and Members ~f the CitYi om_mission
Jimmy L. Morales, City Manager f---· -::::>
TO:
FROM:
DATE: February 12, 2014
' SUBJECT: REPORT OF THE JANUARY 22~ 2014 LAND USE AND DEVELOPMENT
COMMITTEE MEETING
A Land Use and Development Committee meeting was held on January 22, 2014. Land Use
Committee Members in attendance were Commissioners Joy Malakoff and Michael Grieco.
Other Commission Members in attendance were Micky Steinberg. Members from the
Administration, including, Jimmy Morales, Thomas Mooney, Michael Belush, Jose Smith and
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 3:15 pm.
1. DISCUSSION OF THE CITY'S DRAFT TREE ORDINANCE PREPARED BY THE
PARKS AND RECREATION DEPARTMENT'S GREEN SPACE MANAGEMENT
DIVISION.
(CONTINUED FROM THE OCTOBER 23, 2013 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
NOVEMBER 14 2012 CITY COMMISSION MEETING, ITEM C4A
ITEM TO BE AUTOMATICALLY WITHDRAWN BY JANUARY, 2014 IF NOT HEARD PER
RESOLUTION NO. 2013-28147*
AFTER-ACTION
Mark Williams provided a revised draft of the Ordinance and an overview.
Members of the public spoke on the matter.
MOTION: Refer to Neighborhoods and Community Affairs Committee for input and
discussion.
Grieco I Malakoff (2-0)
2. PARKING DISTRICT NO. 5 -SUNSET HARBOUR
(CONTINUED FROM THE OCTOBER 23, 2013 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
NOVEMBER 14 2012 CITY COMMISSION MEETING, ITEM RSA
ITEM TO BE AUTOMATICALLY WITHDRAWN BY JANUARY, 2014 IF NOT HEARD PER
RESOLUTION NO. 2013-28147*
186
Agenda Item C '°'A
Date t!).-J.;-/l{
City Commission Memorandum
Report of Land Use & Development Committee Meeting of January 22, 2014
Page 2 of4
AFTER-ACTION
Thomas Mooney provided an overview of the item.
MOTION: Schedule a progress report before the LUDC in 6 months regarding the sunset
provision in the Ordinance.
Grieco I Malakoff (2-0}
3. DISCUSSION REGARDING THE CODE SECTION GOVERNING UNITIES OF TITLE
AND COVENANTS IN LIEU OF UNITY OF TITLE.
(REQUESTED BY COMMISSIONER EDWARD L. TOBIN
JUNE 5 2013 CITY COMMISSION MEETING ITEM C4N
ITEM TO BE AUTOMATICALLY WITHDRAWN BY JANUARY, 2014 IF NOT HEARD PER
RESOLUTION NO. 2013-28147*
AFTER-ACTION:
Thomas Mooney provided an overview of the item. Gary Held recommended continuing the
item to the February LUDC meeting in order to properly address the definition of a 'Unified
Development Site'.
MOTION: Continue to February 19, 2014 LUDC.
Grieco I Malakoff (2-0)
4. a) BOAT DOCKS AND MARINE STRUCTURES ORDINANCE.
(CONTINUED FROM THE OCTOBER 23, 2013 LUDC MEETING
ORIGINALLY REQUESTED BY CITY COMMISSION
JULY 17. 2013 CITY COMMISSION MEETING, ITEM C4E)
AFTER-ACTION
Thomas Mooney provided an overview of the item.
MOTION: Send to Full Commission with recommendation for approval.
Grieco I Malakoff (2-0)
4. b) DISCUSSION REGARDING DECKS, DOCKS & SEAWALL OVER CITY LAND,
AND THE NEED TO ISSUE A REVOCABLE PERMIT.
(REQUESTED BY CITY COMMISSION
OCTOBER 16. 2013 CITY COMMISSION MEETING, ITEM C4A)
AFTER-ACTION
Thomas Mooney and Gary Held provided an overview of the item.
Eric Carpenter, Public Works Director, addressed the issue of a revocable permit and new
seawalls constructed seaward of private property.
Gary Held indicated that an Ordinance was needed to exempt seawalls from revocable
permit process.
Members of the public spoke on the matter.
MOTION: Send an Ordinance to the Full Commission with recommendation for approval.
Grieco I Malakoff (2-0)
187
City Commission Memorandum
Report of Land Use & Development Committee Meeting of January 22, 2014
Page3 of4
5. DISCUSSION REGARDING INCORPORATING THE STORMWATER MANAGEMENT
MASTER PLAN INTO THE LAND DEVELOPMENT REGULATIONS.
(REQUESTED BY CITY COMMISSION
JULY 17. 2013 CITY COMMISSION MEETING, ITEM C40)
AFTER-ACTION:
Eric Carpenter provided an overview of the item and requested LUDC support for the
measure.
Gary Held discussed the manner in which the storm water plan would be incorporated into
the LDR's.
Eric Carpenter recommended that it be incorporated by reference.
Comm·. Grieco raised a question regarding the method of incorporation.
Eric Carpenter suggested that in the event of conflicts with other sections of the LDRs, the
storm water master plan would prevail.
Members of the public spoke.
MOTION: Recommend that the Commission refer an Ordinance to the Planning Board.
Grieco I Malakoff (2-0)
6. DISCUSSION REGARDING PROPOSED AMENDMENT TO CHAPTER 6,
ALCOHOLIC BEVERAGES, TO CORRECT SCRIVENER'S ERRORS REGARDING
ON-PREMISES AND OFF-PREMISES CONSUMPTION.
(REQUESTED BY CITY COMMISSION
SEPTEMBER 11, 2013 CITY COMMISSION MEETING ITEM C4K)
AFTER-ACTION:
Gary Held provided an overview.
Members of the public spoke.
MOTION: Send the Ordinance to the Full Commission with recommendation for approval.
Grieco I Malakoff (2-0)
7. DISCUSSION FOR CONSIDERATION OF ESTABLISHING ACCEPTABLE
ACCESSORY USES PERMITTING RESTAURANTS IN CONTRIBUTING HISTORIC
STRUCTURES WITHIN THE RM-2 CULTURAL ARTS NEIGHBORHOOD OVERLAY
DISTRICT.
(SPONSORED BY COMMISSIONER JOY MALAKOFF,
ORIGINALLY REQUESTED BY COMMISSIONER JORGE R. EXPOSITO
OCTOBER 16. 2013 CITY COMMISSION MEETING, ITEM C4G)
AFTER-ACTION
No discussion
MOTION: Continue the item to February 19, 2014.
Grieco I Malakoff (2-0)
188
City Commission Memorandum
Report of Land Use & Development Committee Meeting of January 22, 2014
Page 4of4
8. DISCUSSION REGARDING A COMPREHENSIVE ORDINANCE AMENDMENT,
MODIFYING THE SINGLE FAMILY DEVELOPMENT REGULATIONS TO ADDRESS
THE ISSUE OF 'OVERSIZED' HOMES.
(REQUESTED BY CITY COMMISSION
JANUARY 15, 2014 CITY COMMISSION MEETING, ITEM R5E)
AFTER-ACTION
Thomas Mooney provides an overview.
Members of the public spoke, including 2 separate power point presentations.
MOTION: Send an Ordinance to the Full Commission for 2nd Reading with
recommendation for approval and with the following recommendations:
• Removing the 40% distinction for RS-1/RS-2 lots, and to allow an across the board
maximum 50% unit size for all sites, regardless of zoning classification.
• Retaining the maximum height limit of 24 feet (27 feet for sloped roofs) for
properties zoned RS-3, but allow the DRB/HPB to waive these lower height limits
for RS-3 zoned properties, and allow up to 28 feet (31 feet for sloped roofs).
• Clarifying the lot aggregation section to permit a new home to be located in the
middle of a site consisting of 3 lots, provided the sum of the side yard setbacks of
the main structure are equivalent to the width of the smallest of the 3 aggregated
lots. Additionally, the overall unit size and lot coverage of the main home would
be based upon the combined size of the largest 2 lots.
• Modifying the 70% 2nd floor volume rule to only be mandatory in those instances
where the overall lot coverage for a proposed home is 25% or greater.
Additionally, this 70% requirement for 2nd story volume can still be waived at the
discretion of the DRB/HPB, which provides an appropriate safety valve exists for
unique conditions and circumstances.
• That a ten (1 O') foot setback also be required from the rear wall of non-waterfront
lots, unless waived by the DRB/HPB. The DRB/HPB would only have the authority
to waive the rear setback on non-waterfront lots.
• That the applicability date be moved to September 24, 2013, which is the date that
the Planning Board transmitted the Ordinance to the Commission, but only apply
to those properties that either obtained a Full Building Permit or approval from a
Land Use Board by September 24, 2013.
Grieco I Malakoff (2-0)
Meeting Adjourned at 5: 18 PM
Attachment
JLM/TRM
m:\$cmb\ccupdates\land use and development committee\2014~anuary 22, 2014\report of the ludc meeting of january 22, 2014.docx
189
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