R5M-Required Enclosures for Rental Car Facilities -Wolfson-COMMISSION ITEM SUMMARY
Gondensed Title:
An Ordinance pertaining to the parking of rental cars in commercial districts
lntended Outcome S
Item Summary/Recommendation :
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AcENBA rrem RSM
lncrease satisfaction with neighborhood character. lncrease satisfaction with development and
manaqement across the Citv.
Supporting Data (Surveys, Environmental Scan, etc 48% of residential respondents and 55%
businesses rate the effort out forth bv the Citv to reoulate t is "about the riqht amount."
FIRST READING - PUBLIC HEARING
The proposed Ordinance would allow for the parking of rental cars in commercial districts provided
certain screening measures are adhered to.
On April 1, 2015 the Land Use and Development Committee recommended approval of the
Ordinance.
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 attached Ordinance at
First and schedule a Second Public Hearinq for July 8, 2015.
On May 26, 2015, the Planning Board (vote of 5-0), transmitted the attached proposal to the City
Commission with a favorable recommendation. (Planning Board File No. 2257).
Financial lnformation :
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial lmpact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall confirm
that the City Administration evaluated the longterm economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budset.
Clerk's Office
Thomas Mooney
MIAMIBEACH a^rE b-lo'L{483
MIAMIBEACH
Cify of Miomi Beoch, ,l700 Convention Center Drive, Miomi Beoch, Florido 33,l 39, www.miomibeochfl.gov
MEMO #COMMISSION MEMORANDUM
TO: Mayor Philip Levine and Members of
FROM: Jimmy L. Morales, City Manager
DATE: June 10,2015
SUBJECT: Required Enclosures for Rental
READING - PUBLIC HEARING
City
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 "GENERAL
PROVISIONS", SECTION 114-1, "DEFIN|T!ONS", By MODIFYING THE
DEFINTION OF COMMERCIAL VEHICLE; BY AMENDING CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS;" ARTICLE IV,,.SUPPLEMENTARY DISTRIGT REGULATIONS", DIVISION 1,,.GENERALLY" TO MODIFY THE REQUIREMENTS FOR REQUIRED
ENGLOSURES TO CREATE AN ALLOWANCE FOR THE OUTDOOR
EXPOSURE OF RENTAL CAR VEHICLES; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
ADMINISTRATION REGOMMENDATION
The Administration recommends that the City Commission accept the recommendation of the
Land Use and Development Committee via separate motion; and approve the attached
Ordinance at First Reading, and schedule a Second Reading Public Hearing for July 8,2015.
BACKGROUND
On March 11,2015, the City Commission (ltem C4l), at the request of Comm. Jonah Wolfson,
referred a discussion item to the Land Use and Development Committee (LUDC) regarding
proposed amendments to the City Code pertaining to the parking of rental cars in commercial
districts.
On April 1, 2015, the Land Use Committee discussed the item and recommended that the
attached Ordinance Amendment be referred to the Planning Board.
On April 15,2015, the City Commission (ltem C4F) referred the item to the Planning Board.
On May 7,2015, the Mayor's Blue Ribbon Panel on North Beach made the following
recommendations (each by a vote of 3-0):
1. Recommending that parking and storage of vehicles for rent or lease at the site of a car
rental agency should be a conditional use and that simply allowing the use through a
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Car Facilities
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Commission Memorandum
Required Enclosures for Rental Cars
June 10,2015 Page 2 o'f 2
change of definition is insufficient in allowing the City to insure such a use is compatible
with neighboring areas and future plans for the areas.
2. Recommending if the Planning Board and City Commission are inclined to approve the
proposed amendment to Chapter 114, Section 114- 1 to modify the definition of "
Commercial Vehicles", that the proposed amendment to Chaptet 142, Article lV, Division
1 " Required enclosures" be modified to from six feet in height to three feet in height.
ANALYS!S
The proposed Ordinance Amendment would allow automobile rental agencies to store vehicles
outside of an enclosed building. The proposal includes safeguards to ensure that the storage of
vehicles in outdoor areas does not negatively impact surrounding properties. Specifically,
vehicles stored on the same site as the rental agency must be screened from the public right of
way and adjoining properties when viewed at five feet, six inches above grade.
The Mayor's Blue Ribbon Panel on North Beach, at their May 7, 2015 meeting (see attached
LTC), recommended some refinements to the proposal, including a requirement of Conditional
Use Approval for the outdoor storage of rental vehicles, as well as a reduction in the mandatory
hedge height. For safety reasons, Planning staff also recommended a lower landscape buffer
adjacent to the sidewalk, in addition to the minimum setback required of the underlying zoning
district.
PLANNING BOARD REVIEW
On May 26,2015, the Planning Board (by a 5-0 vote) transmitted the proposed Ordinance to the
City Commission with a favorable recommendation. The Planning Board also recommended
that the height of the required landscape buffer be reduced to a maximum of three (3') feet
above grade. The attached Ordinance includes the recommendations of the Planning Board.
FISCAL IMPAGT
ln 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 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 a negative fiscal impact upon the City.
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 attached
Ordinance at First Reading and schedule a Second Reading Public Hearing for July 8,2015.
JLM/JMJ/TRM
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Required Enclosures for Rental Car Facilities
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CIry COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AMENDING CHAPTER 114 "GENERAL
PROVISIONS", SECTION 114.1, "DEFINITIONS", BY MODIFYING THE
DEFINITION OF COMMERGIAL VEHICLE; BY AMENDING CHAPTER 142
"ZONING DISTRICTS AND REGULATIONS;" ARTICLE !V,
"SUPPLEMENTARY DISTRICT REGULATIONS", DIVISION 1,,,GENERALLY"
TO MODIFY THE REQUIREMENTS FOR REQUIRED ENCLOSURES TO
CREATE AN ALLOWANGE FOR THE OUTDOOR EXPOSURE OF RENTAL
CAR VEHIGLES; PROVIDING FOR REPEALER; SEVERABILTTY;
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, Chapter 142 of the City Code, entitled "Zoning Districts and Regulations,"
includes supplementary district regulations that address enclosures; and
WHEREAS, Chapter 142 is proposed to be amended to allow the outdoor storage of
rental cars; and
WHEREAS, the amendment set forth below is necessary to accomplish the objectives
identified above.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
SEGTION 1. That Chapter 114, "General Provisions," Section 114-1, "Definitions," is
amended, as follows:
Commercial vehicle means any vehicle, including but not limited to trucks, trailers, semitrailers,
tractors. and motor homes, and vehicles for rent or lease utilized in connection with the
operation of a commerce, trade. or business, or automobile rental aqencv as defined in Sec.
102-356. and not utilized as a dwelling.
SECTION 2. That Chapler 142, "Zoning Districts and Regulations", Article lV, "supplementary
District Regulations," Division 1, "Generally," is amended, as follows:
Sec. 142-874. - Required enclosures.
(a) Sfore enclosures. ln all use districts designated in these land development regulations,
the sale, or exposure for sale or rent, of any personal property, including merchandise,
groceries or perishable foods, such as vegetables and fruits, is prohibited, unless such
sale, or exposure for sale, is made from a substantially enclosed, permanent building;
provided, however, that nothing herein contained shall be deemed applicable to rooftop
areas not visible from the right-of-way, filling stations, automobile service stations.
vehicles for rent or lease utilized in connection with the operation of an automobile rental
aoencv as defined in Sec. '102-356. provided that the exposure of the vehicles is on the
same site at which the automobile rental aqencv is located, and that such exposed
vehicles are partiallv screened from view as seen from anv riqht-of-wav or adioinino
propertv when viewed from five feet six inches (5'-6") above grade. with aopropriate
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landscapino not to exceed three (3') feet in heioht from orade. or repair shops; uses
having revocable permits or beach concessions operated or granted by the city, news
racks or newspaper stands, or displays at sidewalk cafes as permitted in subsection 82-
384(ff,), wherever such uses are otherwise permissible.
SECTION 3. CODIFICATION.
It is the intention of the Mayor and City Commission of the City of Miami Beach, 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, Florida. The sections of this ordinance may be renumbered or
re-lettered to accomplish such intention, and, the word "ordinance" may be changed to
"section", "article", or other appropriate word.
SECTION 4. REPEALER.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5. SEVERABILITY.
lf any section, subsection, clause or provision 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 2015.
Philip Levine, Mayor
ATTEST:
APPROVED AS TO
FORM & IANGUAGERafael E. Granado, City Clerk
First Reading: June 10, 2015
Second Reading: July 8, 2015
Verified by:
Thomas Mooney, AICP
Planning Director
Underscore denotes new language
S+rit<etnreush denotes removed lang uage
[Sponsored by Commissioner Wolfson]
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GltyAttomeY
EXECUTION
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t,E sUt'loAY, HAY 51, 2015 I XSNE
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CITY OF MIAMI BEACH
NOTICE OF PUBLIC HTARING
OHDINANCE TO CONSOLI DATE, AM EN D
AND CLABIFY REOUIHED ENCTOSUHES FOR
HENTAL CAB FACILITIES
NOTICE l$ llEflEBY givon thatthe following first roading/public hearing
will bs hold by tha Mayor and Cirt' Commissioners of ths City of Miami
Boach, Florida, in the Commission Chambers, Third Floor, City Hall,
1700 Conventlon Centar Drive, Miami Beach. Florida. on June 10,2015
at 5:06 p,m., or a$ soon thereafter as the matter can be hoard:
An Ordinance Amending Chapter 114 "General Provisions?
section '114-1, "Definition$; By ModifyingTh6 Definirion of
Commercial Vehicle; By Amending Chapter 142 "Zonlng
Distrists And Hegulations;" Article lV, "Supplementary
District fiegulations'l Division 1, "Gensrally" To Modify
The Requirements For Required Enclosures To Create
.An .Allowance For The Outdoor Exposure Of ftental Car
Veh icles; Providing For Ropoalor; Soverabillty; Codification;
And An Effective Date.
lnquiries may be directed to tho Planning Depafimsnt at 305.673.7550.
INTERESTED PARTIE$ are invitecl to appsar at this meeting. or ba
represented by an agent, orto express theirviews in writing addressed
to ths City Commission, c/o the City Cierk, 1700 Convention Contar
Drive, First Floor, CiW Hall, Miami Beach, Ftorida 33133. This item is
available for public inspection during normal business hours in the
O{fice of the City Clerk. 1700 Convention Center Drive, First Floox City
Hall, Miami tleach, Florida 33139,This item may be continued. aild
under surh circumstances, additional legal notica need not be proyided,
Pursuant to Section ?86.0105, FIa" Stat., the City horeby advises th8
public that if a person dacides to appaal any decision made by the
City Commission with respect to any matter considered at its meeting
or it$ hsaring. such person must ensure that a verbalim record of
thn proceedings is made, whiclr record includes the testimony and
evidence upon which theappeal is to be based,This notice does not
constitute consent by the City for the introduction or admission of
oth6rwis6 inadmissible cr irrelavant evidancs. nor does it authorize
challenges or appeals not otherwise allowad by law.
To request this material in alternate format, sign language interpretsr
(five-day notico requirod), information on accsss for persons with
disabilitios, and/or any accommodation to review any document or
participats in any city-sponsored proceedings. call 305.S04.2489 and
$eloct 1 for English or 2 for Spanish, th6n option 8;TTY usors may call
via 711 {Florida Felay Servica}.
Rafael E. Granado, City Clerk
City of Miami Eeach
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