20141217 SM21915.2O15
MIAMIBEACH
City Commission Meeting
SUPPLEMENTAL MATERIAL 2
City Hall, Commission Chambers, 3rd Floor, 1700 Convention Center Drive
December 17,2014
Mayor Philip Levine
Vice-Mayor Joy Malakoff
Commissioner Michael Grieco
Commissioner Micky Steinberg
Commissioner Edward L. Tobin
Commissioner Deede Weithorn
Commissioner Jonah Wolfson
City Manager Jimmy L. Morales
City Attorney Raul J. Aguila
City Clerk Rafael E. Granado
Visff us at www.miamibeachfl.gov for agendas and video streaming of City Commission Meetings.
ATTENTION ALL LOBBYISTS
Chapter 2, Article Vll, Division 3 of the City Code of Miami Beach entitled "Lobbyists" requires the
registration of all lobbyists with the City Clerk prior to engaging in any lobbying activity with the City
Commission, any City Board or Committee, or any personnel as defined in the subject Code sections.
Gopies of the City Code sections on lobbyists laws are available in the Office of the Gity Glerk.
Questions regarding the provisions of the Code should be directed to the Office of the City Attorney.
SUPPLEMENTAL AGENDA
C6 - Commission Gommittee Reports
COA Report Of The Land Use And Development Committee Meeting Of December 1 0, 2014:1) Discussion
On North Beach Overlay Districts. 2) A. Discussion On Proposed Amendments To The Single Family
Home Ordinance (Rear Yard Swimming Pools). 2) B. Discussion Of A Proposed Amendment To The
Adjusted Grade Of Required Yards ln Reference To Seawall Built At 5.7' NAVD. 3) Discussion On
Proposed Amendments To The City Code Pertaining To Alcoholic Beverage Establishments (Chapter
6); Requirements For Determining The Size And Square Footage Of "Accessory Uses" ln Relation To
The Main Permitted Use; And The Clarification Of Threshold Standards For Neighborhood lmpact
Establishments. 4) Discussion Re: An Ordinance Amendment To Chapter 106 Relating To Parking To
Require A Parking Plan During Construction For Commercial Building Projects. 5) Discussion On
Possible Amendments To Chapter 6 And Chapter 142 Ot The City Code. 6) Discussion Re: The
Concession Contract With RCI Group, The Management Company Of Miami Beach Marina. 7) A.
Annual Evaluation Of Parking lmpact Fee Structure. 7) B. Discussion Regarding The Philosophy
Behind Parking lmpact Fees. 8) Additional Modifications To The Land Development Regulations
Regarding Unit Size And Lot Coverage Calculations For Accessory Structures Permitted ln Single
Family Home Districts, As Part Of The Comprehensive Single Family Revisions Pending Before The
Planning Board. 9) Definition Of Unified Development Site - An Ordinance Amending The Land
Development Regulations Of The City Code, ByAmending Chapter 118, "Administration And Review
Procedures," Article l, "ln General," Section 118-5, "Unity Of Title; Covenant ln Lieu Thereof," By
Amending The Requirements And Standards For A Covenant ln Lieu And By Providing A Definition
For Unified Development Site; Providing For Codification, Repealer, SeverabilityAnd Effective Date.
10) Discussion Re: 1100 lsthStreet. 11) Discussion Re: Zoning ln Progress. 12)Withdrawal Of A
Referral To The Land Use And Development Committee Regarding Section 145-1361And What
Constitutes Live Entertainment. 13) Discussion Regarding lncompatible Uses And NIE Thresholds ln
North Beach. 14) Discussion Re: A Proposed Limitation Of 50 Square Feet On The Overall Size Of
Single Family Roof Decks.
(Memorandum)1
THIS PAGE INTENTIONALLY LEFT BLANK
2
MIAMI BEACH
City of Miomi Beoch, 1700 Convention Center Drive, Miomi Beoch, Florido 33139, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:Mayor Philip Levine and Members the City
FROM: Jimmy L. Morales, City Manag
DATE: December 17,2014
SUBJECT: REPORT OF THE DECEMBER
COMMITTEE MEETING
2014 LAND USE AND DEVELOPMENT
A Land Use and Development Committee meeting was held on December 10, 2014. Land
Use Committee Members in attendance were Commissioners Joy Malakoff and Michael
Grieco. Members from the Administration, including, Thomas Mooney, Joe Jimenez, Eve
Boutsis, Eric Carpenter, Bruce Mowry, Saul Frances, and Rogelio Madan as well as
members of public, were also in attendance. Please see the attached sign-in sheet.
The meeting was called to order at 3:14 PM.
1. DISCUSSION ON NORTH BEAGH OVERLAY DISTRICTS
(RETURNING FROM THE NOVEMBER 5,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
ITAY 21.2014 CITY COMMISSION MEETING, ITEM C4B)
AFTER.AGTION:
Tom Mooney provided an overview of the item.
Commissioner Malakoff requested an update on the proposal for hiring a master planner for
the North Beach area.
Joe Jimenez provided suggestions for deliverables for the hiring of a master planner for the
North Beach area.
Members of the public addressed the committee.
MOTION: Continued to January 21,2015 by Acclamation.
2. a) DISCUSSION ON PROPOSED AMENDMENTS TO THE SINGLE FAMILY HOME
oRDTNANCE (REAR YARD SWIMMING POOLS).
(RETURNING FROM THE NOVEMBER 5,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
JULY 23. 2014 CITY COMMISSION MEETING, ITEM C4H)
2. b) DtscussloN oF A pRoposED AMENDMENT TO THE ADJUSTED GRADE OF
REQUIRED YARDS IN REFERENCE TO SEAWALL BUILT AT 5'7" NAVD.
(RETURNTNG FROM THE NOVEMBER 5,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
Asenda tten COA
Date /247-//3
City Com mission Memorandu m
Report of Land Use & Development Commiltee Meeting of December 10, 2014
Page 2 of 5
SEPTEMBER 17. 2014 CIry GOMMISSION MEETING, ITEM C4B)
AFTER.AGTION:
Thomas Mooney introduced the items.
Eric Carpenter described the requirements for sea walls
Bruce Mowry detailed additionalsea wall regulations.
Commissioner Malakoff expressed concerns with the current requirements for sea walls and
retaining walls for new construction and their impact on existing homes.
Members of the public addressed the committee.
MOTION: Continued to January 21,2015 by Acclamation.
3. DISGUSSION ON PROPOSED AMENDMENTS TO THE GITY CODE PERTAINING TO
ALCOHOLIC BEVERAGE ESTABLISHMENTS (CHAPTER 6); REQUIREMENTS FOR
DETERMINING THE SIZE AND SQUARE FOOTAGE OF "AGCESSORY USES" IN
RELATION TO THE MAIN PERMITTED USE; AND THE CLARIFICATION OF
THRESHOLD STANDARDS FOR NEIGHBORHOOD IMPACT ESTABLISHMENTS.
(REQUESTED BY CITY COMMTSSTON
JULY 23.2014 CtrY GOMMTSSION MEETING, lrEM C4K)
AFTER.AGTION:
Thomas Mooney introduced the item.
Thomas Mooney detailed several corrections to the Ordinance, including that proposed
exception for non-amplified string instruments be stricken.
Commissioner Malakoff requested that language regarding mixed-use where at least
twenty-five percent are residential be stricken.
Commissioner Grieco requested that the sale of individual cans not be allowed.
Members of the public addressed the committee.
Frank Del Vecchio recommended that live entertainment include DJ's, conflicts between
enforcement measures in the zoning ordinance and alcoholic beverage control ordinance be
addressed, issues with allowing alcoholic beverage sales in GU districts be addressed as it
pertains to schools, liquor sales not be allowed in condos, and a review of grandfathering
issues as it relates to the establishment of uniform hours for the sale of alcohol in outdoor
establishments be addressed.
Steve Wernick expressed concerns over the grandfathering of existing establishments.
Morry Sunshine recommended that liquor sales not be allowed in condos, that a definition
be provided for supper clubs, and that outdoor bar counters not be allowed within 100 feet of
a residential condo.
MOTION: MG/JM (2-0)
Recommend that the ordinance with the amendments discussed, be referred by the full City
Commission to the Planning Board.
4. DISCUSSION REGARDING AN ORDINANCE AMENDMENT TO CHAPTER 105
RELATING TO PARKING TO REQUIRE A PARKING PLAN DURING
CONSTRUCTION FOR GOMMERCIAL BUILDING PROJECTS.
(RETURNING FROM THE NOVEMBER 5,2014 LUDC MEETING
ORIGINALLY REQUESTED BY GOMMISSIONER MICHAEL GRIECO
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM G4I)
VERBAL REPORT
4
City Commission Memorandu m
Report of Land Use & Development Committee Meeting of December 10, 2014
Page 3 of 5
AFTER-ACT!ON:
Saul Frances introduced the item.
Commissioner Grieco described the benefits of the ordinance.
MOTION: MG/JM (2-0)
Recommend that the ordinance be adopted with the requirement that the $100,000 figure be
further analyzed prior to presenting the ordinance to the City Commission.
5. DISCUSSION ON POSSIBLE AMENDMENTS TO CHAPTER 6 AND CHAPTER 142
OF THE CITY CODE.
(RETURNTNG FROM THE NOVEMER 5, 2014 LUDC MEETING
ORIGINALLY REQUESTED BY GOMMISSIONER JONAH WOLFSON
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM C4O}
VERBAL REPORT
MOTION: Continued to January 21,2015 by Acclamation.
6. DISCUSSION REGARDING THE CONCESSION CONTRACT WITH RGI GROUP, THE
MANAGEMENT COMPANY OF MIAMI BEACH MARINA.
(REQUESTED BY COiiMTSSTONER JONAH WOLFSON
SEPTEMBER 10. 2014 CITY COMMISSION MEETING, ITEM RgX)
MOTION: Continued to January 21,2015 by Acclamation.
7. a) ANNUAL EVALUATION OF PARKING IMPACT FEE STRUCTURE.
(REQUESTED BY CrrY COMMISSION
SEPTEMBER I7, 2014CITY COMMISSION MEETING, ITEM R7E)
b) DtscussloN REGARDTNG THE PHTLOSOPHY BEHTND PARKTNG IMPAGT FEES
(REQUESTED BY COMMTSSTONER JONAH WOLFSON
NOVEMBER 19. 2014 CITY GOMMISSION MEETING, ITEM C4J)
VERBAL REPORT
MOTION: Continued to January 21,2015 by Acclamation.
8. ADDITIONAL MODIFICATIONS TO THE LAND DEVELOPMENT REGULATIONS
REGARDING UNIT SIZE AND LOT COVERAGE CALCULATIONS FOR ACCESSORY
STRUCTURES PERMITTED IN SINGLE FAMILY HOME DISTRICTS, AS PART OF
THE COMPREHENSIVE SINGLE FAMILY REVISIONS PENDING BEFORE THE
PLANNING BOARD.
(RETURNING FROM THE NOVEMBER 5,2014 LUDC MEETING
ORIGINALLY REQUESTED BY COMMISSIONER JOY MALAKOFF
SEPTEMBER 30. 2014 CITY GOMMISSION MEETING, ITEM C4A}
AFTER.ACTION:
Thomas Mooney introduced the item.
MOTION: MG/JM (2 - 0)
Recommend that the ordinance be transmitted to the Planning Board for consideration.
5
City Commission Memorandu m
Report of Land Use & Development Committee Meeting of December 10, 2014
Page 4 of 5
9. DEFINITION OF UNIFIED DEVELOPMENT SITE AN ORDINANCE AMENDING THE
LAND DEVELOPMENT REGULATIONS OF THE GIry CODE, BY AMENDING
CHAPTER 118, "ADMINISTRATION AND REVIEW PROCEDURES," ARTIGLE !, "IN
GENERAL," SECTION 118-5, "UNITY OF TITLE; GOVENANT lN LIEU THEREOF,"
BY AMENDING THE REQUIREMENTS AND STANDARDS FOR A COVENANT !N
LIEU AND BY PROVIDING A DEFINITION FOR UNIFIED DEVELOPMENT SITE;
PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND EFFECTIVE
DATE.
(REQUESTED BY CITY COMMISSTON
OCTOBER 22,2014 CITY COMMISSION MEETING, ITEM RsH)
TO BE CONTINUED TO THE JANUARY MEETING
VERBAL REPORT
MOTION: Continued to January 21,2015 by Acclamation.
10. DISCUSSION REGARDING 11OO 1sTH STREET.
(REQUESTED BY COMMISSIONER JOY MALAKOFF
OCTOBER 29. 2014 GITY COMMISSION MEETING, ITEM C4A)
AFTER.ACTION:
Thomas Mooney introduced the item.
MOTION: MG/JM (2-0)
Recommend that the item be approved and referred to the Planning Board.
11. DISCUSSTON REGARDING ZONING IN PROGRESS.
(REQUESTED BY ClrY GOMMISSION
NOVEMBER 19. 2014 CITY COMMISSION MEETING, ITEM C4B)
VERBAL REPORT
MOTION: Continued to January 21,2015 by Acclamation.
12. WITHDRAWAL OF A REFERRAL TO THE LAND USE AND DEVELOPMENT
COMMTTTEE REGARDING SECTION 145.1361 AND WHAT CONSTITUTES LIVE
ENTERTAINMENT.
(REQUESTED BY COMMISSIONER ED TOBIN
NOVEMBER 19. 2014 CITY GOMMISSION MEETING, ITEM C4L)
VERBAL REPORT
MOTION: The item was withdrawn.
13. DISCUSSION REGARDING INCOMPATIBLE USES AND NIE THRESHOLDS IN
NORTH BEACH.
(REQUESTED BY ClrY GOMMISSION
NOVEMBER 19. 2014 GITY COMMISSION MEETING, ITEM RsH)
VERBAL REPORT
AFTER.ACTION:
The item was combined with item #3. See after-action and motion for item #3.
6
City Commission Memorandu m
Report of Land Use & Development Commiltee Meeting of December 10, 2014
Page 5 of 5
14. DISCUSSION REGARDING A PROPOSED LIMITATION OF 50 SQUARE FEET ON
THE OVERALL SIZE OF SINGLE FAMILY ROOF DECKS.
(REQUESTED BY GOMMISSIONER JOY MALAKOFF
NOVEMBER 19. 2014 CITY COMMISSION MEETING, ITEM RsG)
VERBAL REPORT
AFTER.ACTION:
Thomas Mooney introduced the item.
Concerns were expressed over the square footage of the roof decks.
Members of the public addressed the committee.
MOTION: No Action Taken.
The Meeting Adjourned at 5:02 PM
JLMCRM/MAB/RAM
t:\agenda\2O1hdecember\report of the ludc meeting of december 10,2014.docx
7
J
=EI
-\<
,;
-4-L
{
e>
{
(._
<J
R-1;
-\-l
N
,i
I
d{
$
QIc\
.(d
(
(
.i
,lY
s
rQ\,
\j
-lr\C\-\
;\'y
(
5\ct\
r)
\N\r"J}
v
N
\
Y
tr-tr)N\v
'|
c
\
'S\
a_
\
-C\
d
\j
s
'u
q]
,-i
AJ\)
ad,V
t$
,\.
\\
\
\
)\,S\e
Gr\
(\
\.\
N-\-\.\
)\
(
;
t
\.
(
T,
?
t
)
U
L,
:
-\j
'r$rJ,)
_t(
\
4
{
i)
_-:_6\:
\
t-.c:-
€_
€
-\
\5
s:-
:
-\-
.---i\=E
\
.Q-
(-
c-5
\\
s-
E
j
-a_,
(f-t
){/r-\
t
--szA\\)J
L'a5
.:.+-
S\)5
c,z
IJJzo
I
o.
N-Ncc)
6.
.\s'*-
,f\
<)s\
\-!\-
$
(,\(\
\
r-<
"s,\TJ
n^
rj_
\j
I.o. t\A
N
f'\t--\,.s2
+-rFf-t-
-<)
s
Nr,
n\
$l
a.\
N
l7
TJ
Ct<-/\
-__9t>z
r--
$.Y
Itr
\-
\,I
./)
r._>
\.Y
i^
-5
c6
S\>
.J
C<(\t'-t_.
-$
\,\\\'
-l}\-.\\)._5
t--f-r\
\sr.f\
,-6\
---{)
\.1
^n
Fo.
UJ
ezoF
N
=oto
tr
N
'vA
\
--3
\
fl
t1
\N
r\
]
.trJ
\J
.Fa
.}
\N
\
->N
i
- .j..\
k)-:
c
\
(
))
-4
C
F
L-
\
2
3
(.-
n
c-
\
{
Yn
i:q.JLL-!
="\\4
=s
\2\s
+
{S
UJ
=z
$.tr
=ts
ls*f
Ga--'
\
\
d
,t\L-
\)
,-I
1\)<-\
v,\
(
{<--<
&
C-R, .y-
:
/i
'ri
.\ q,"'
N
\J
-.r_t-
-)
\-s
Ri--s
Y\\
s-\
\\-tr-
(
!(J
_sr
S(n
,
-- c0ta
,,/l
4{i
-\:
--)
-{)\(_
:
S-U
<\.J
+
<-
-\--.-.--.\
--E-
A\l
\
.S\\s
.E;,:-
(_v"=+
\E-<
t.l
B\\
:-=t
(rn\J
v
.\$\
U(t
\\
UJ
lUFF
=
=ooFfi= hr
=q El6e 6lJb zlUJ€ TI
luE olof -(oloz
IJJ
U'Doz
J
O
C.i
()
gl
(
(
il
8