2007-3546 Ordinance
New structures 50,000 square feet and over in all commercial districts
ORDINANCE NO. 2007-3546
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH
AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE CITY CODE;
BY AMENDING SECTION 142-273, "CONDITIONAL USES," IN THE "CD-1 COMMERCIAL,
LOW INTENSITY DISTRICT," AMENDING SECTION 142-303, "CONDITIONAL USES" IN THE
"CD-2 COMMERCIAL, MEDIUM INTENSITY DISTRICT," AMENDING SECTION. 142-333,
"CONDITIONAL USES" IN THE "CD-3 COMMERCIAL, HIGH INTENSITY DISTRICT," AND
DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," BY AMENDING SECTION 142-
693 "PERMITTED USES" IN THE "C-PS1, COMMERCIAL LIMITED MIXED-USE," "C-PS2,
COMMERCIAL GENERAL MIXED USE," "C-PS3, COMMERCIAL INTENSIVE MIXED-USE,"
AND "C-PS4, COMMERCIAL INTENSIVE PHASED BAYSIDE" DISTRICTS BY REQUIRING
CONDITIONAL USE APPROVAL FOR NEW CONSTRUCTION OF STRUCTURES 50,000
SQUARE FEET AND OVER, AND REQUIRING THAT THE FIRST STEP IN THE
DEVELOPMENT REVIEW PROCESS SHALL BE THE CONDITIONAL USE REVIEW BY THE
PLANNING BOARD; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND
AN EFFECTIVE DATE.
WHEREAS, large commercial developments may disrupt the quality of life in abutting
and nearby neighborhoods; and
WHEREAS, in 2004, the citizens of Miami Beach overwhelmingly approved a Straw
Ballot question to limit the construction of new buildings that are larger than 50,000 square feet;
and
WHEREAS, this proposed amendment will accomplish the wishes of the citizens of the
City of Miami Beach to limit large development projects.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
Section 4. That Section 142-273, "Conditional uses," is hereby amended as follows:
The conditional uses in the CD-1 commercial, low intensity district are adult congregate living
facilities; nursing homes; religious institution; public and private institutions; schools; day care
facility; pawnshops; video game arcades; warehouses; any use selling gasoline; new
construction of structures 50.000 square feet and over (even when divided by a district
boundary line). which review shall be the first step in the process before the review by any of the
other land development boards; neighborhood impact establishment; and storage and/or
parking of commercial vehicles on a site other than the site at which the associated commerce,
trade or business is located. See section 142-1103.
Section 5. That Section 142-303, "Conditional uses," is hereby amended as follows:
The conditional uses in the CD-2 commercial, medium intensity district are adult congregate
living facilities; funeral home; nursing homes; religious institution; pawnshops; video game
arcades; public and private institutions; schools; any use selling gasoline; new construction of
structures 50.000 square feet and over (even when divided by a district boundary line). which
review shall be the first step in the process before the review by any of the other land
development boards; outdoor entertainment establishment; neighborhood impact establishment;
open air entertainment establishment; and storage and/or parking of commercial vehicles on a
site other than the site at which the associated commerce, trade or business is located. See
section 142-1103.
Section 6. That Section 142-333, "Conditional uses," is hereby amended as follows:
The conditional uses in the CD-3 commercial, high intensity district are adult living congregate
facilities; new construction of structures 50,000 square feet and over (even when divided bY a
district boundary line). which review shall be the first step in the process before the review by
any of the other land development boards: outdoor entertainment establishment, neighborhood
impact establishment, open air entertainment establishment, nursing homes; religious
institution; video game arcades; public and private institutions; schools and major cultural
dormitory facilities as specified in section 142-1332; and storage and/or parking of commercial
vehicles on a site other than the site at which the associated commerce, trade or business is
located, except such storage and/or parking of commercial vehicles shall not be permitted on
lots with frontage on Lincoln Road, Collins Avenue, 41st Street and 71st Street. See subsection
142-1103(c). When located on that portion of Lincoln Road that is closed to traffic, these uses
shall comply with section 142-335.
Section 8. That Section 142-542, "Conditional uses," is hereby amended as follows:
The conditional uses in the MXE mixed use entertainment district are major cultural dormitory
facilities as specified in section 142-1332; public and private cultural institutions open to the
public; banquet facilities; new construction of structures 50,000 square feet and over (even
when divided by a district boundary line), which review shall be the first step in the process
before the review bY any of the other land development boards; outdoor entertainment
establishment; neighborhood impact establishment; and open air entertainment establishment.
For purposes of this section, banquet facilities shall be defined as an establishment that
provides catering and entertainment to private parties on the premises and are not otherwise
accessory to another main use.
Section 9. Division 18, "PS Performance Standard District," Section 142-693, "Permitted uses,"
is hereby amended as follows:
(a) The following uses are permitted in the performance standard district:
*
*
*
if) New construction of structures 50.000 square feet and over in the CopS 1. 2 3, and 4
districts (even when divided by a district boundary line) shall be considered as a conditional use,
which review shall be the first step in the process before the review by any of the other land
development boards.
SECTION 10. Repealer.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 11. 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 accomplish
such intention; and that the word "ordinance" may be changed to "section" or other appropriate
word.
SECTION 12. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 13. Effective Date.
PASSED and ADOPTED this 17th day of Jan ar
,2007.
This Ordinance shall take effect ten days following
~~rf~
CITY CLERK . '.:
jl.obert Parcher ."
First Reading:
Second Reading:
MAYOR
David Dermer
Underscore denotes new languag
Strikethrou€jh denotes deleted language
APPROVED AS TO
ORM AND LANGUAGE
& FOR EXECUTION
~
Date
Verified by:
F:\PLAN\$PLB\draft ordinances\1777 - Structures 50,000 sqft in comm districts\revised for CC 2nd rdg.doc
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance amending the Land Development Regulations of the City Code requiring Conditional
Use a roval b the Plannin Board for structures 50,000 s . ft. and over in all commercial districts.
Ke Intended Outcome Su orted:
Increase satisfaction with development and growth management across the City
Issue:
Should Conditional Use approvai by the Planning Board for structures 50,000 sq. ft. and over be
re uired in all commercial districts
Item Summa /Recommendation:
Conditional Use approval by the Planning Board is already required in the 1-1, Light Industrial
Districts. This proposed ordinance would expand the requirement to all the commercial districts in
the City.
The Administration recommends that the City Commission adopt the proposed ordinance adding
"portions of structures divided by a zoning district boundary line shall be aggregated for purposes of
this ordinance." as amended b the Cit Commission at the December 6, 2006 meetin .
Adviso Board Recommendation:
At the August 22,2006 meeting, the Planning Board recommended by a unanimous vote (7-0) that
the City Commission adopt the ordinance including an amendment that reads; "portions of structures
divided b a zonin district bounda line shall be a re ated for ur oses of this ordinance."
Financial Information:
Source of Amount Account Approved
Funds: 1
D 2
3
4
OBPI Total
Financial Impact Summary:
The proposed Ordinance is not expected to have any fiscal impact.
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
City Manager
to
....
MIAMI BEACH
AGENDA ITEM
DATE
J?~A
/-J 7-07
lD
MIAMI BEACH
City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
FROM:
Mayor David Dermer and Members of the City Commission
Jorge M. Gonzalez, City Manager ~ ~
January 17, 2007 0
SECOND READING PUBLIC HEARING
TO:
DATE:
SUBJECT: CONDITIONAL USE APPROVAL FOR NEW CONSTRUCTION OF STRUCTURES
50,000 SQUARE FEET AND OVER IN COMMERCIAL DISTRICTS.
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI
BEACH AMENDING CHAPTER 142, "LAND DEVELOPMENT REGULATIONS," OF THE
CITY CODE; BY AMENDING SECTION 142-273, "CONDITIONAL USES," IN THE "CD-1
COMMERCIAL, LOW INTENSITY DISTRICT," AMENDING SECTION 142-303,
"CONDITIONAL USES" IN THE "CD-2 COMMERCIAL, MEDIUM INTENSITY
DISTRICT," AMENDING SECTION. 142-333, "CONDITIONAL USES" IN THE "CD-3
COMMERCIAL, HIGH INTENSITY DISTRICT," AND DIVISION 18, "PS PERFORMANCE
STANDARD DISTRICT," BY AMENDING SECTION 142-693 "PERMITTED USES" IN
THE "C-PS1, COMMERCIAL LIMITED MIXED-USE," "C-PS2, COMMERCIAL
GENERAL MIXED USE," "C-PS3, COMMERCIAL INTENSIVE MIXED-USE," AND "C-
PS4, COMMERCIAL INTENSIVE PHASED BAYSIDE" DISTRICTS BY REQUIRING
CONDITIONAL USE APPROVAL FOR NEW CONSTRUCTION OF STRUCTURES
50,000 SQUARE FEET AND OVER, AND REQUIRING THAT THE FIRST STEP IN THE
DEVELOPMENT REVIEW PROCESS SHALL BE THE CONDITIONAL USE REVIEW BY
THE PLANNING BOARD; PROVIDING FOR REPEALER, SEVERABILITY,
CODIFICATION AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
January 11. 2006 - the City Commission referred to the Planning Board the issue of limiting
the size of single-occupancy developments citywide to ensure that projects that are not
compatible will not be allowed to occur without certain restrictions.
February 28. 2006 - The Planning Board reviewed an ordinance that included all zoning
districts - commercial, industrial, mixed use and residential with a recommendation to
separate the proposal into two separate ordinances - one for the CD commercial and 1-1
industrial districts, and another one for the RM residential, MXE mixed use, and the PS
districts. However the scope of the ordinance was reduced to only the 1-1, Light Industrial
District.
April 11. 2006 - Upon approval on first reading of the ordinance requiring Conditional Use
approval for new construction of structures 50,000 square feet and over, the City
City Commission Memorandum
Conditional Use for structures 50,000 sq. ft. and over in commercial districts
January 17, 2007
Page 2
Commission referred to the Planning Board the expansion of this review beyond the 1-1
district.
ANALYSIS
The current development regulations, with the exception of those newly approved for the 1-1,
Light Industrial District, permit new developments of any size to occur in any zoning district in
the City subject to Design Review Board (DRB) or Historic Preseryation Board (HPB)
approval, and the limitations contained within the development regulations of each zoning
district. These boards review design and compatibility, but not enough of the impacts the
developments may have on the surrounding neighborhoods. During the last few years, the
City has been subjected to a great amount of development pressures, which may endanger
the urban character as well as the infrastructure of the City, to the extent that it appears that
a certain level of growth management has become necessary. It is necessary and very
important to maintain the character and the infrastructure of the City at a level that all
commercial and residential uses can co-exist.
The proposed changes would provide an extra level of scrutiny through the Conditional Use
process that would review, in addition to compatibility, other issues such as noise, traffic and
other adverse impacts that may result from such developments. The additional review as a
Conditional Use, which is defined as a use that would not be appropriate generally or without
restriction throughout a particular zoning district, but would be appropriate if controlled as to
number, area, location, or relation to the neighborhood, would be able to impose conditions
and restrictions that would help in ameliorating any adverse impacts resulting from a
particular development. The proposed ordinance will also address to a certain extent the
non-binding straw ballot question overwhelmingly approved by the voters of the City in
November 2004, to limit the construction of new buildings larger than 50,000 square feet.
Supplemental review criteria for these types of projects have already been adopted by the
City Commission.
It should be noted that a formal Administrative Interpretation of what constitutes a "structure"
has been requested and issued. In part, the interpretation says:
Section 114-1, of the Code offers the following definition for the word "structure":
"Structure means anything constructed or erected, the use of which requires
permanent location on the ground. Among other things, structures include
buildinQs or any parts thereof. walls, fences, parkina aaraaes. parkinQ
lots, signs and screen enclosures" (emphasis added).
The word "structure" is an all encompassing term that includes all parts of a
building. Thus, in the context of Ordinance 2006-3514, the size of the
structure is derived from the sum total of the areas of every part of the
structure. 1
1 (Note: this ordinance is the requirement of Conditional Use for structures 50,000
square feet and over in the 1-1 district)
City Commission Memorandum
Conditional Use for structures 50,000 sq.ft. and over in commercial districts
January 17, 2007
Page 3
Advertisina reauirements
Pursuant to Section 118-164(1) of the City Code, in all cases in which the proposed
amendment changes the actual list of permitted, conditional or prohibited uses in a zoning
category, and the proposed amendment involves less than ten contiguous acres, mailed
notice must be provided to property owners of record of land lying within 375 feet of the land,
that would be affected by the proposed amendment. Such notice shall be given at least 30
days prior to the date set for the public hearing.
Although the proposed ordinance would affect all the commercial districts in the City, some
are not contiguous and are less than 10 acres. These smaller districts require the 30-day
mailed notice. The City Code is not clear in what noticing requirement should be followed for
the second reading public hearing; therefore, in an abundance of caution, a 30-day mailed
notice was send out on December 14, 2006 .
In addition, this proposed ordinance was advertised in the in the Miami Beach Neighbors
Section of the Miami Herald on January 4,2007.
FISCAL IMPACT
The proposed Ordinance is not expected to have any fiscal impact.
PLANNING BOARD ACTION
At the August 22, 2006 meeting, the Planning Board recommended by a unanimous vote
(7-0) that the City Commission adopt the ordinance including an amendment that reads:
"portions of structures divided by a zoning district boundary line shall be aggregated for
purposes of this ordinance." This amendment has now been included in the proposed
ordinance.
CITY COMMISSION ACTION
At the December 6, 2006 meeting, the City Commission approved the proposed ordinance
on first reading public hearing and requested that the same language proposed by the
Planning Board (see paragraph above), be included in the ordinance.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed ordinance
as amended.
Pursuant to Section 118-164(2), the City Commission shall hold two advertised public
hearings on the proposed ordinance, with at least one hearing being held after 5:00 p.m.
JMG/TH/JGG/ML
T:\AGENDA\2007~an1707\Regular\1777 - 50,000 sqft structures in comm districts-2nd rdg.doc
MB MiamiHerald.com I THE MIAMI HERALD I THURSDAY. JANUARY 4. 2007 ' .
CITY OF MIAMI BEACH
NOTICE OF PUBLIC HEARING
NEW STRUCTURES 50,000 SQUARE FEET AND OVER IN
ALL COMMERCIAL DISTRICTS
NOTICE IS HEREBY GIVEN that a public hearing will be held by the Mayor and City
Commission of the City of Miami Beach, Florida, in the Commission Chambers, 3rd
Floor, City Hall, 1700 Convention Center Drive, Miami Beach, Florida, on Wednesday,
January 17, 2007, at 5:05 P.M. to consider the following:
Amending Chapter 142, "Land Development Regulations," Of The City Code; By
Amending Section 142-273, "Conditional Uses," In The "CD-1 Commercial, Low
Intensity District," Amending Section 142-303, "Conditional Uses" In The "CD-2
Commercial, Medium Intensity District," Amending Section. 142-333, "Conditional
Uses"ln The "CO-3 Commercial, High Intensity District," And Division 18, "PS
Performance Standard District," By Amending Section 142-693 "Permitted Uses" In The
"C~PS1, Commercial Limited Mixed-Use," "C-PS2, Commercial General Mixed Use,"
"C-PS3, Commercial Intensive Mixed-Use," And "C-PS4, Commercial Intensive Phased
Bayside"Districts By Requiring Conditional Use Approval For New Construction Of
Structures 50,000 Square Feet And Over, And Requiring That The first Step In The
Development Review Process Shall Be The Conditional Use Review By The Planning
Board.
Inquiries concerning this meeting should be directed to the Planning Department at
(305) 673-7550. .
Robert E. Parcher, City Clerk
City of Miami Beach
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Pursuant to Section 2B6.0105, Fla. Stat., the City hereby advises the public that: if a
person decides to appeal any decision made by the City Commission with respect to
any matter considered at its meeting or its hearing, such person must ensure that a
yerbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is to be based. This notice does not constitute consent
by the City for the introduction or admission of otherwise inadmissible or irrelevant
evidence, nor does it authorize challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on
access for persons with disabilities, and/or any accommodation to review any
document or participate in any city-sponsored proceeding, please contact (305) 604-
2489 (voice), (305)673-7218(TTY) five days in advance to initiate your request. TTY
users may also call 711 (Florida Relay Service).
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