97-22514 RESO
RESOLUTION NO. 97-22514
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, SETTING PUBLIC HEARINGS TO
CONSIDER AN ORDINANCE OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 89-2665, BY AMENDING
SECTION 6 ENTITLED "SCHEDULE OF DISTRICT REGULATIONS"
AMENDING SUBSECTION 6-8, ENTITLED "CD-3 COMMERCIAL, HIGH
INTENSITY" BY ADDING COMMERCIAL VEHICLES AS SPECIFIED IN
SUBSECTION 6-22,C.3. TO THE LIST OF CONDITIONAL USES IN THIS
DISTRICT; AMENDING SECTION 6 ENTITLED "SCHEDULE OF
DISTRICT REGULATIONS" AMENDING SUBSECTION 6-22, ENTITLED
"SUPPLEMENTARY USE REGULATIONS" BY AMENDING THE
CONDITIONAL USE CRITERIA FOR THE STORAGE AND/OR PARKING
OF COMMERCIAL VEHICLES AND CONSTRUCTION VEHICLES;
PROVIDING FOR INCLUSION IN THE ZONING ORDINANCE;
REPEALER, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, on June 18, 1997 the City Commission adopted an Ordinance concerning
Commercial Vehicles, but expressed a desire that additional review criteria be provided in an
amendment to the Ordinance for the storage and! or parking of Commercial Vehicles within 100 feet
of a Lot line of a property in a Single-Family District or Multi-Family District and that this be
referred to the Planning Board; and
WHEREAS, the City Commission also requested that the Planning Board study the
feasibility of permitting the storage and/or parking of Commercial Vehicles as a Conditional Use
in the CD-3 District; and
WHEREAS, on July 22, 1997 the Planning Board held a public hearing regarding the
amendment to the Ordinance and unanimously voted (5-0, 1 vacancy and 1 absence) to recommend
approval of the amendment with additional restrictions regarding the parking and/or storage of said
commercial vehicles when located on certain thoroughfares in the CD-3 District; and
WHEREAS, pursuant to Section 14-2 of Zoning Ordinance No. 89-2665, the proposed
amended Ordinance may now be considered by the City Commission.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public hearing first
reading to consider an Ordinance of the Mayor and City Commission of the City of Miami Beach,
Florida, amending Comprehensive Zoning Ordinance No. 89-2665, amending Section 6 entitled
"Schedule of District Regulations" amending Subsection 6-8, entitled "CD-3 Commercial, High
Intensity" by adding Commercial Vehicles as specified in Subsection 6-22,C.3. to the list of
conditional uses in this District; amending Section 6 entitled "Schedule of District Regulations"
amending Subsection 6-22, entitled "Supplementary Use Regulations" by amending the conditional
use criteria for the storage and/or parking of commercial vehicles and construction vehicles;
providing for inclusion in the Zoning Ordinance; repealer, severability and an effective date is
hereby scheduled on Wednesday, September 24, 1997 at 2: 00 p.m. and the second reading
public hearing is hereby scheduled for Wednesday, October 21,1997 at 5: 01 p.m. in the City
Commission Chambers at 1700 Convention Center Drive, 3rd Floor, Miami Beach, Florida, and the
City Clerk is hereby authorized and directed to publish and distribute the appropriate public notice
of said public hearings at which times and place all interested parties will be heard.
PASSED and ADOPTED this 10th day of
ATTEST:
~6 pdAC~
CITY CLERK
DJT\kw
FIA TTOITURN\RESOSIDISTREGS,HRG
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~~.
,:7~/C;7
Date.
2
CITY OF MIAMI BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139
lQ
httD:\\ci.miami-beach, f\, us
COMMISSION MEMORANDUM NO. 5'75- q l
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE: September 10, 1997
SUBJECT:
Setting of Pub Ii earings - An Ordinance of the Mayor and City Commission
of the City of Miami Beach, Florida, Amending Comprehensive Zoning
Ordinance No. 89-2665, by: Amending Section 6 Entitled "Schedule of District
Regulations" Amending Subsection 6-8, Entitled "CD-3 Commercial, High
Intensity" by Adding Commercial Vehicles as Specified in Subsection 6-22,C.3.
To the List of Conditional Uses in this District; Amending Section 6 Entitled
"Schedule of District Regulations" Amending Subsection 6-22, Entitled
"Supplementary Use Regulations" by Amending the Conditional Use Criteria
for the Storage And/Or Parking of Commercial Vehicles and Construction
Vehicles; Providing for Inclusion in the Zoning Ordinance; Repealer,
Severability and an Effective Date.
FROM:
Jose Garcia-Pedrosa
City Manager
RECOMMENDATION
The Administration recommends that the City Commission set a first reading public hearing on
September 24, 1997 and tentatively set a second reading public hearing for October 21, 1997.
BACKGROUND
The amending ordinance, in concept, was referred to the Planning Board by the City Commission
on July 2, 1997. The Planning, Design & Historic Preservation Division prepared the draft
amendment.
On June 18, 1997 the City Commission adopted an Ordinance concerning Commercial Vehicles, but
voiced a desire that additional review criteria be provided for the storage and/or parking of
Commercial Vehicles within 100 feet of a Lot line of a property in a Single-Family District or Multi-
Family District and that this be referred to the Planning Board. The City Commission also requested
that the Planning Board study the feasibility of permitting the storage and/or parking of Commercial
Vehicles as a Conditional Use in the CD-3 District.
On July 22, 1997 the Planning Board held a public hearing regarding the amendment and
unanimously voted (5-0, I vacancy and I absence) to recommend approval of the amendment with
additional restrictions regarding the parking and/or storage of said commercial vehicles when located
on certain thoroughfares in the CD-3 District. The amending ordinance has been modified to
Agenda Item c.. LT
Date q-lO-~
include this new restriction by not pennitting the storage and/or parking of Commercial Vehicles
on lots with frontage on Lincoln Road, Collins Avenue, 41st Street and 71st Street (see page 2 of
the amending ordinance).
ANAL YSIS OF THE AMENDING ORDINANCE
The proposed amendment contains new review criteria that would be applicable when said uses are
adjacent to any residential use as follows:
"If the storage and/or parking of Commercial Vehicles is proposed to be within 100 feet of
a property line of a lot upon which there is a residential Use(s), the Planning Board shall
analyze the impact of said storage and/or parking on the residential Use(s). The analysis shall
include. but not be limited to. visual impacts. noise. odors, effect of egress and ingress, and
any other relevant factor that may have an impact on the residential Use(s)."
The additional review criteria would help identify and/or mitigate any detrimental effects the
proposed storage or parking of Commercial Vehicles may have on residential properties within a 100
ft. radius. This additional review criteria would be utilized regardless of the underlying zoning
district, as there are many residential uses existing in commercial zoning districts.
The amending ordinance would also pennit the parking or storage of Commercial Vehicles in the
CD-3, Commercial High Intensity District provided the proposed site does not have a frontage on
Lincoln Road, Collins Avenue, 41st Street or 71st Street. The CD-3 District encompasses Lincoln
Road Mall, Collins Avenue between 16th and 44th Streets and 60th and 72nd Streets, all of Arthur
Godfrey Road (41st Street) from Alton Road to the Indian Creek Waterway and 71st Street from
Collins Avenue to Bonita Drive. In essence, the inclusion of this new restriction would limit the area
where said storage and/or parking of Commercial Vehicles could occur within the CD-3 District to
three (3) areas. The first is a four (4) block area north of the Bass Museum along 23rd Street and
the second area is along the south side of 17th Street between Lenox Avenue and Meridian Avenue.
The third and last area is a seven (7) block area along 72nd Street between Collins A venue and
Bonita Drive. (See Map 'A'). (Note: The CD-3 District on Collins Avenue between 24th Street and
44th Street has been down-planned to RM-3 and the parking and/ or storage of commercial vehicles
would not be permitted within this area.)
The CD-3 District is designed to accommodate a highly concentrated business core in which
activities serving the entire City are located. This district designation covers the City's most visible
commercial areas adjacent to major vehicular thoroughfares and where pedestrian traffic is heavy,
including Lincoln Road Mall, Collins Avenue and Arthur Godfrey Road. For the above reasons, the
Planning Board concurred with Division's recommendation that the parking or storage of commercial
vehicles within these highly visible areas is not warranted and would recommend denial of said
parking or storage within the CD-3 District unless the proposed site does not have a frontage on
Lincoln Road, Collins Avenue, 41 st Street or 71 st Street.
The last sections of the amendment provide for inclusion in the Zoning Ordinance, a repealer, a
severability clause and an effective date.
2
In reviewing a request for an amendment to the Zoning Ordinance or a change in land use, the City
Commission and the Planning Board consider the prescribed review criteria, when applicable, for
such changes. Since the amending ordinance would change the conditional use category for the CD-
3 District, the review criteria were determined to be applicable to this amendment request.
In reviewing a request for an amendment to the Zoning Ordinance which involves a change in
permitted or conditional land use, the City commission and the Planning Board shall consider the
following:
1. Whether the proposed change is consistent and compatible with the Comprehensive Plan and
any applicable neighborhood or Redevelopment Plans;
Consistent - The amendment would not require an amendment to the Future Land Use
Map of the Comprehensive Plan. The amendment is not contrary to any
neighborhood or Redevelopment plan. There are no CD-3 Zoning Districts
located in the South Pointe Redevelopment Area.
2. Whether the proposed change would create an isolated district unrelated to adjacent or
nearby districts;
Consistent - The amendment would not change the underlying zoning district for any
areas within the City. The intent of the amendment is to improve the
regulations for the parking and\or storage of said vehicles.
3. Whether the change suggested is out of scale with the needs of the neighborhood or the City;
Partially Consistent - The amendment is in keeping with the overall goal of the City to
provide necessary parking and/or storage facilities for commercial
film and photography industry vehicles, as well as other commercial
vehicles, while also regulating these types of special use facilities
through the Conditional Use procedures. However, with regard to the
proposal to extend these uses to the CD- 3 District, they should not be
permitted on lots with frontage on Lincoln Road, 41 st Street, Collins
Avenue or 71st Street.
4. Whether the proposed change would tax the existing load on public facilities and
infrastructure;
Consistent - Staff is of the opinion that the LOS for the area public facilities and
infrastructure should not be negatively affected by the proposed amending
ordinance, if at all. Indeed, the parking and\or storage of Commercial
Vehicles should not create a greater demand on public facilities than a fully
operational parking lot.
3
5. Whether existing district boundaries are illogically drawn in relation to existing conditions
on the property proposed for change;
Not Applicable -
The underlying zoning district boundaries would not be changed by
the amendment.
6. Whether changed or changing conditions make the passage of the proposed change
necessary;
Partially Consistent - As the commercial photography and movie production industry
continues to evolve and there is an increasing need for these types of
parking and\or storage facilities, it is warranted that the existing land
use regulations be amended to include these proposed uses in areas
where said uses are most compatible, i.e., districts already permitting
commercial parking lots as a main permitted use (CD-I, CD-2 and
CD-3). However, there should be limitations in the CD-3 District to
not allow these uses on lots with frontage on Lincoln Road, 41 st
Street, Collins Avenue or 71st Street.
Also, the additional review criteria to be applied by the Planning
Board when reviewing a site within 100 ft. of a residential building
will further guarantee the peaceful use of said residential property by
its inhabitants.
7. Whether the proposed change will adversely influence living conditions in the neighborhood;
Partially Consistent - The proposed changes should not negatively effect living conditions
or the quality of life for surrounding properties. Any proposed
commercial vehicle project, if designed and operated properly,
should not adversely influence living conditions if adequate
conditions are imposed to control the nature of the operation (via the
Conditional Use procedures) and the design issues, as originally
adopted, are met. The additional review criteria will further protect
residential uses within 100 ft. of a site. The Planning Board has taken
a position along with staff, however, that these uses should not be
allowed on any lot in the CD-3 District with frontage on Lincoln
Road, 41 st Street, Collins Avenue or 71 st Street, as they could have
an adverse impact on the character of these major retail/office
corridors.
8. Whether the proposed change will create or excessively increase traffic congestion beyond
the Level Of Service as set forth in the Comprehensive Plan or otherwise affect public safety;
Consistent - Staff is of the opinion that the LOS for the area traffic circulation and/or
public safety should not be negatively affected by the proposed amending
ordinance.s
4
9. Whether the proposed change will seriously reduce light and air to adjacent properties;
Consistent - The amendment would not change the existing development regulations for
construction within the CD-3 District. The original amendment (adopted)
proposed increased landscape requirements and adequate screening devices
which would also apply to sites within the CD-3 district and, in staffs
opinion, should not reduce light and air to adjacent properties.
Also, the additional review criteria will further protect residential uses within
100 ft. of a proposed site by allo\Ving the Planning Board to address this issue
should the need arise.
10. Whether the proposed change will adversely affect property values in the adjacent area;
Consistent - Staff is of the opinion that property values, in the adjacent areas would not
be negatively affected by the proposed amendment. Indeed, the increased
landscape and visual buffering requirements proposed within the original
adopted amendment (would also apply to CD-3 District sites) could
conceivably increase adjacent property values -- if not do anything to
diminish values. The additional review criteria proposed, herein, should
provide further protection for adjacent residential properties.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations;
Partially Consistent - The proposed amendment will not change the development
regulations for adjacent sites which must comply with their own site
specific development regulations. Furthermore, the proposed
ordinance should not affect the ability for an adjacent property to be
developed in accordance with said regulations. To further protect the
character of Lincoln Road, 41st Street, Collins Avenue and 71st
Street, such uses should not be permitted on lots with frontage on
these thoroughfares
Also, the additional review criteria to be applied when a site is within
100 ft. of a residential building will further guarantee protection to
said residential property and its continued peaceful use for such a
purpose.
12. Whether there are substantial reasons why the property cannot be used in accordance with
existing zoning;
Consistent - The existing Zoning Ordinance does not permit the parking and\or storage of
Commercial Vehicles except in the I-I Light Industrial District. The
amendment is the appropriate response to allowing the parking and\or storage
of Commercial Vehicles via the Conditional Use procedures.
5
13. Whether it is impossible to find other adequate Sites in the City for the proposed Use in a
district already permitting such Use;
Consistent - These types of proposed parking or storage facilities are not currently
permitted within any zoning district v.ithin the City except the I-I Light
Industrial District.
CONCLUSION
Based on the foregoing, the Administration has concluded that the City Commission should set a
first reading public hearing on September 24, 1997 and tentatively set a second reading public
hearing for October 21, 1997.
JGP~wt%
MHF\mht\F:\PLAN\SALL\CC _ MEMOS\ 1277 ACMS, 910
6
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