R5J-Boat Docks And Marine StructuresCOMMISSION ITEM SUMMARY
Condensed Title:
First Reading to consider an Ordinance Amendment to modify the review requirements for boat docks
and marine structures.
Key Intended Outcome Supported:
Maintain strong growth management policies.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55% of
businesses rate the effort put forth by the City to regulate development is "about the right amount."
Item Summa /Recommendation:
FIRST READING
The proposed Ordinance would modify the review and regulatory requirements for the projection of
boat docks and marine structures in all zoning districts.
The Administration recommends: 1) accepting the recommendation of the Land Use and Development
Committee via separate motion; and 2) approve the Ordinance at First Reading and schedule a
Second Reading Public Hearing for April 23, 2014.
Advisory Board Recommendation:
On May 28, 2013, the Planning Board transmitted the subject Ordinance to the City Commission with
a favorable recommendation by a vote of 6 to 0.
Financial Information· .
Source of Amount Account
Funds: 1
D 2
3
OBPI Total
Financial Impact Summary:
In accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the long-term economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
City Clerk's Office Legislative Tracking: I Thomas Mooney
Si n-Offs:
Department Director
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MIAMI BEACH
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AGENDA ITEM
DATE
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MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www,miamibeachfl.gov
COMMISSION MEMORANDUM
TO:
FROM: Jimmy L. Morales, City Manager
DATE: March 5, 2014 FIRST READING
SUBJECT: Boat Docks & Marine Structures
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66, "MARINE
STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV, "VESSELS,"
SECTION 66-113, "LIMITATION ON PROJECTION OF STRUCTURES;
PUBLIC HEARING," AND CHAPTER 142, "ZONING DISTRICTS AND
REGULATIONS," SECTION 142-1132, "ALLOWABLE ENCROACHMENTS
WITHIN REQUIRED YARDS," MODIFYING THE PROCEDURES FOR
APPROVAL OF DOCKS THAT EXTEND BEYOND THE PERMITTED
DISTANCE INTO A WATERBODY; PROVIDING FOR REPEALER;
CODIFICATION; SEVERABILITY AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends: 1) accepting the recommendation of the Land Use and
Development Committee via separate motion; and 2) approve the Ordinance at First
Reading and schedule a Second Reading Public Hearing for April 23, 2014.
BACKGROUND
On December 18, 2012, the Planning Board voted to move forward, as the applicant,
with an Ordinance Amendment proposing to remove boat dock/marine structures
applications from the purview of the Planning Board. The proposed Ordinance was
referred to the Planning Board by the Land Use and Development Committee on
December 19, 2012.
On April 3, 2013 the Planning Board discussed the Ordinance and continued the matter
to May 28, 2013, in order for the Ordinance to be revised to include boiler plate
conditions imposed in previous applications. On May 281h, 2013, the Planning Board
transmitted the attached Ordinance to the City Commission with a favorable
recommendation.
On July 171h, 2013, the City Commission referred the subject Ordinance to the Land Use
and Development Committee for further discussion and consideration. The matter was
placed on the July 22, 2013, September 23, 2013, October 23, 2013, with the item being
continued each time.
On January 22, 2014, the Land Use Committee discussed the item and referred it back
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Commission Memorandum
Ordinance: Boat Docks & Marine Structures
March 5, 2014
to the City Commission with a favorable recommendation.
ANALYSIS
Page 2of 3
Originally, the subject Ordinance proposed to transfer the regulatory authority of boat
and dock projections from the Planning Board to the Marine Authority. After a discussion
with the Marine Authority, however, it was concluded that a more appropriate avenue
would be to remove the requirement for Board review of most projections altogether. The
reason for this is that the authority of the County (DERM), as well as the State (DEP)
entails a very high degree of regulatory review and analysis.
On April 3, 2013, the majority of the Planning Board directed staff to revise the
Ordinance, removing the transfer of authority to the Marine Authority, and to include
boilerplate conditions from previous approvals within the Ordinance. The revised
Ordinance contains these revisions.
Currently, the City Code limits such projections to more than ten (1 0%) percent of the
width of a canal or waterway, up to a maximum of 40', and fifteen (15%) percent for
those canals or waterways exceeding 100 feet in width, up to a maximum of 40'.
Pursuant to Section 66-113 and Section 142-1132 (I) of the Code, the Planning Board
reviews applications for docks, mooring piles, piers and related marine structures, which
exceed the following thresholds:
• Any projection greater than 40' into a waterway or canal;
• An extension from a lot zoned for residential use into any part of Biscayne Bay or
other waterway in excess of 1,000 feet in width, a distance no greater than 125
feet;
• An extension from a lot zoned for business use into Biscayne Bay or other
waterways a distance not greater than 250 feet.
Staff believes that with the codification of certain design standards, the above noted
additional projections could be approved administratively, subject to the review of all
applicable County and State regulatory authorities. Staff would also suggest that the
mooring of any type of vessel or watercraft be prohibited along either side of a walkway
leading from the seawall to a boat dock.
Additionally, given the very successful impact that Conditional Use review has had on
the portion of the Boat Show along Indian Creek, staff would further suggest that the
Planning Board retain jurisdiction for marine structure projections adjacent to the WD-1
and WD-2 Waterway Districts. The City's Special Events Department is also in favor of
continued Planning Board oversight of events such as this.
PLANNING BOARD REVIEW
The Planning Board reviewed the proposed Ordinance on May 28, 2013 (PB File No.
2101 ), and recommended approval by a vote of 6 to 0.
FISCAL IMPACT
In accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
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Commission Memorandum
Ordinance: Boat Docks & Marine Structures
March 5, 2014 Page 3of 3
actions," this shall confirm that the City Administration evaluated the long term economic
impact (at least 5 years} of this proposed legislative action. The proposed Ordinance is
not expected to have any tangible fiscal impact.
CONCLUSION
The Administration recommends that the City Commission: 1) Accept the
recommendation of the Land Use and Development Committee via separate motion; and
2) Approve the Ordinance at First Reading and schedule a Second Reading Public
H~_.tor April23, 2014.
J~M
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Boat Docks & Marine Structures
ORDINANCE NO. __ _
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 66,
"MARINE STRUCTURES, FACILITIES AND VEHICLES," ARTICLE IV,
"VESSELS," SECTION 66-113, "LIMITATION ON PROJECTION OF
STRUCTURES; PUBLIC HEARING," AND CHAPTER 142, "ZONING
DISTRICTS AND REGULATIONS," SECTION 142-1132, "ALLOWABLE
ENCROACHMENTS WITHIN REQUIRED YARDS," MODIFYING THE
PROCEDURES FOR APPROVAL OF DOCKS THAT EXTEND BEYOND
THE PERMITTED DISTANCE INTO A WATERBODY; PROVIDING FOR
REPEALER; CODIFICATION; SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City Code provides for the regulation of docks, including
limitations on the location and size of docks within the City, as permitted by State law;
and
WHEREAS, the Planning Board, at its meeting dated December 18, 2012, by a
vote of 7-0, has requested that the jurisdiction over approval of the distance that such
docks may extend beyond that permitted in the City Code, which is provided for in
section 661-113 generally at 40 feet, subject to other applicable provisions, be
transferred from that Board to another Board; and
WHEREAS, the amendments set forth below are necessary to accomplish the
above objectives.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That Chapter 66, "Marine Structures, Facilities and Vehicles," Article IV,
"Vessels," Section 66-113. -Limitation on projection of structures; public hearing" is
hereby amended as follows:
Sec. 66-113.-Limitation on projection of structures; public hearing.
(a) Boat slips, docks, wharves, dolphin poles, mooring piles or structures of any kind
shall not be constructed or erected that extend into any canal or waterway in the city
more than ten percent of the width of such canal or waterway at a specific location
measured from the seawall or property as shown by recorded plat line if no seawall
exists; but if a canal or waterway is more than 100 feet in width, the structure may
extend into such canal or waterway a distance not greater than 15 percent of the width
of such canal or waterway at that specific location, but not to exceed a distance greater
than 40 feet_.;--AHowever, as provided in section 66 114 subsequent to conditional use
process as provided in section 142 1132{1), subject to the review and approval of the
applicable state and county authorities, a dock, wharf, dolphin pole, mooring pile or other
structure may extend from a lot zoned for residential use into any part of Biscayne Bay
or other waterway in excess of 1 ,000 feet in width, a distance no greater than 125 feet
and may extend from a lot zoned for business use into Biscayne Bay or other waterways
a distance not greater than 250 feet. It is further provided that any boat, ship or vessel of
any kind shall not be docked or moored so that its projection into the waterway would be
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beyond the permissible projections for such docks, wharves, dolphin poles, mooring
piles or other structures, and the mooring of any type of vessel or watercraft shall be
prohibited along either side of the walkway leading from the seawall to a boat dock.
subsequent to conditional 1:1se prooess as pre•Jided in section 142 1132(1).
Notwithstanding the foregoing. in the event any dock. wharf. dolphin pole, mooring pile
or other structure is proposed to extend greater than 40 feet from a seawall adjacent to.
or abutting the WD-1 or WD-2 district conditional use approval from the planning board,
in accordance with chapter 118. article IV of the City Code. shall also be required.
(b) Permits for erection of any of the above facilities must be obtained from the building
division, the state internal improvement fund, if necessary, and if abutting navigable
streams, the approval of the U.S. Corps of Engineers must be secured.
SECTION 2. that Chapter 142, "Zoning Districts And Regulations," Section 142-1132,
"Allowable Encroachments Within Required Yards," is hereby amended as follows:
Sec. 142-1132.-Allowable encroachments within required yards.
* * *
(Q Marine structures. In all districts, seaward side yard setbacks for boat slips, decks,
wharves, dolphin poles, mooring piles, davits, or structures of any kind shall not be less
than seven and one-half feet. This requirement pertains to the enlargement of existing
structures as well as to the construction of new structures. It is further provided that any
boat, ship, or vessel of any kind shall not be docked or moored so that its projection
extends into the required seaward side yard setback. and the mooring of any type of
vessel or watercraft shall be prohibited along either side of the walkway leading from the
seawall to a boat dock. Land side decks may extend to the deck associated with the
marine structure. Lighting associated with, but not limited to, the deck, or marine
structure shall be installed in such a manner to minimize glare and reflection on adjacent
properties and not to impede navigation. The maximum projection of a marine structure
shall be determined by the county department of environmental resource management.
If a dock or any kind of marine structure/equipment whether it is or is not attached to a
dock projects more than 40 feet into the waterway or it extends beyond the maximum
projection permitted under section 66-113, it shall be a senditienal 1:1se and reviewed by
the planning laeara p1:1rs1:1ant to shapter 118, artisle IV. the review and approval of the
applicable state and county authorities shall be required. In the event any dock, boat
slips, decks. wharves. dolphin poles. mooring piles. davits. or structures of any kind are
proposed to extend greater than 40 feet from a seawall adjacent to, or abutting the WD-1
or WD-2 district. conditional use approval from the planning board. in accordance with
chapter 118, article IV of the City Code. shall also be required.
SECTION 3. Repealer.
All ordinances or parts of ordinances and all sections and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 4. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Miami Beach as
amended; that the sections of this ordinance may be renumbered or relettered to
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accomplish such intention, and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 5. Severability.
If any section, subsection, clause or provJs1on of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this __ day of _________ , 2014.
ATTEST:
CITY CLERK
First Reading: March 5, 2014
Second Reading: April23, 2014
Verified by: ==-------------~=----
Thomas R. Mooney, AICP
Acting Planning Director
Underscore denotes new language.
Strikethrough denotes deleted language.
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MAYOR
APPROVED AS TO
FORM AND LANGUAGE
~ & FOR EXECUTION
·J )?.'i Lu
If-tate
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