Loading...
2008-26780 ResoResolution No. zoos-26~so A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE CODE OF THE CITY OF MIAMI BEACH, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 11, "I-1 LIGHT INDUSTRIAL DISTRICT," BY CLARIFYING PURPOSE AND PERMITTED USES; AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE III, "DESIGN STANDARDS," BY ADDING THE I-1 DISTRICT AS A DISTRICT PERMITTING GARAGES AS A MAIN USE. WHEREAS, the district purpose of the I-1, Light Industrial District is not clearly defined and requires clarity in order to avoid adverse impacts on the surrounding residential and commercial districts: and WHEREAS, the residents of the Sunset Harbor neighborhood are concerned that uses in the I-1 Light Industrial District may have an adverse impact on their quality of life; and WHEREAS, at the January 23, 2007 meeting, the Planning Board held a workshop open to the public regarding issues within the Sunset Harbor Neighborhood, and the I-1, Light Industrial District; and WHEREAS, at the March 27, 2007 meeting, the Planning Board directed Planning Department staff to prepare an amendment to the Land Development Regulations of the City Code that clarifies the Purpose and Permitted Uses for the I-1 zoning district; and WHEREAS, the amendments set forth in the subject ordinance are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a first reading public hearing shall be held on April 16, 2008, to consider the proposed amendment to the Land Development Regulations of the City Code. PASSED AND ADOPTED this 12th day of March , 2008. ATT 1 MAYOR ~- Matti Herrera Bower CIT CLERK APPROVED AS TO FORM Robert Parcher /&'CA~GUAGE/~,~OR EXECUTION 3 F:\PLAN\$PLB\draft ordinances\1844 -Urban Light Industrial district\Reso setting public COMMISSION ITEM SUMMARY Condensed Title: A Resolution of the Mayor and City Commission of the City of Miami Beach, Florida, Setting a Public ', Hearing to Consider amending the Land Development Regulations of the City Code, in order to clarify the purpose and permitted uses allowed within the I-1 zoning district. rncenaea vuicome a Increase satisfaction with development Supporting Data (Surveys, Environmental Scan, etc Available parking is ranked #4 by residents as one of the changes that will make Miami Beach a better place to live; 77% of residents rated the availability of parking in Miami Beach as too little or much too little; and, City Government open & interested in residents concerns/issues is a key driver for recommending Miami Beach as a place to live and residents who think the City is better, same or worse vs. few years ago. Issue: Should the purpose and permitted uses within the I-1 district be clarified and more specific in order to enhance the districts character and reduce confusion and vagueness? nem aummaryrrcecommenaam SETTING THE PUBLIC HEARING The current district purpose characterizes the district by providing a list of uses such as "offices on the second floor, sales, storage, processing, wholesaling, motor vehicles repairand towing services." While the current main permitted uses are listed as those "that are consistent with the district purpose," the proposed ordinance amends Sections 142-481, 142-482, and 142-485 to include a better description of the district purpose; a list of main permitted uses, and a list of prohibited uses respectively. The proposed ordinance clarifies the vague language within these sections. These proposed revisions include a more refined and succinct district purpose, and a specific list of main permitted uses which aim to reflect the desires of the surrounding residents. The Administration recommends that the Commission set a first reading public hearing for the April 16, 2008 meeting. Adviso Board Recommendation: At the June 26, 2007 meeting, the Planning Board recommended by a unanimous vote (6-0, one member absent) that the City Commission approve the ordinance. At the February 11, 2008 Land Use and Development Committee, a recommendation was made to forward the ro osed ordinance to the Cit Commission. Financial Information: Source of Amount Account Funds: ~ 2 3 OBPI Total Financial Impact Summary: The ro osed Ordinance is not ex ected to have an fiscal im act u on the resources of the Ci .. Jorge Gomez or ~ [apartment Director ~ AsfEistant City Manager ~ _ City Manager 12\Consent\1830.Urban m MIAMI BEACH Industrial District.CCsum.doc AGENDA ITEM C ~ G DATE .3 m- MIAMIBEACH City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeaohfl.gov COMMISSION MEMORANDUM To: Mayor Matti H. Bower and Members of the City Commission FROM: Jorge M. Gonzalez, City Manager DATE: March 12, 2008 SUBJECT: URBAN LIGHT INDUSTRIAL DISTRICT (I-1 ). A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A PUBLIC HEARING TO CONSIDER A PROPOSED AMENDMENT TO THE CODE OF THE CITY OF MIAMI BEACH, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 11, "I-1 LIGHT INDUSTRIAL DISTRICT," BY CLARIFYING PURPOSE AND PERMITTED USES; AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE III, "DESIGN STANDARDS," BY ADDING THE I-1 DISTRICT AS A DISTRICT PERMITTING GARAGES AS A MAIN USE. The Administration recommends that the City Commission set a first reading public hearing for the April 16, 2008 meeting. J_L9:(~:ZeFIT At the January 23, 2007 Planning Board meeting, the Planning Department held a workshop open to the public regarding issues within the Sunset Harbor Neighborhood. A significant amount of time was spent in discussions with community members, relevant City departments and other agencies to determine how to best satisfy the neighborhoods' goals. The result is an Action Plan containing nine "Action Items" and information concerning who will be responsible for implementing the item and project schedule. (See Attachment .,A„~ At the March 27, 2007 Planning Board meeting, these nine action items were presented and discussed. At the conclusion of the discussion the Planning Board directed staff to prepare a draft for the revision of the current Purpose and Permitted Uses for the I-1 zoning district, discussed within Action Item 3. At the June 26, 2007 Planning Board meeting staff presented proposed amendments to the I-1 zoning district to include specified uses. In addition, the proposed ordinance also amends Chapter 130, Article III, Section 130-68, "Commercial and noncommercial parking garages," to permit parking structures within the I-1 district. City Commission Memorandum Urban Light Industrial District (1-1) Purpose and Uses March 12, 2008 ANALYSIS 2 The Sunset Harbor Neighborhood is divided into three main zoning districts: RM-3, Residential Multifamily High Intensity; CD-2, Commercial District Medium Intensity; and the I- 1, Light Industrial District. The I-1, district is located within the middle of the Sunset Harbor neighborhood, (see Attachment "B") and is bounded by the east lot line of those properties facing West Avenue, 20th Street to the north, Bay Road to the west and gerrymandering lot lines to the south. Currently, a great majority of the uses within the I-1 district are light industrial, with the exception of Publix and several other commercial uses, which vary from one non-conforming office use on a ground floor to a number of small retail stores. Some of these light industrial uses are not permitted in any other zoning district within the City. This is a district that even an urban environment such as Miami Beach needs to serve the City as a whole. The current district purpose characterizes the district by providing a list of uses such as "offices on the second floor, sales, storage, processing, wholesaling, motor vehicles repair and towing services." While the current main permitted uses are listed as those "that are consistent with the district purpose," the proposed ordinance amends Sections 142-481, 142-482, and 142-485 to include a better description of the district purpose; a list of main permitted uses, and a list of prohibited uses respectively. The proposed ordinance clarifies the vague language within these sections. These proposed revisions include a more refined and succinct district purpose, and a specific list of main permitted uses which aim to reflect the desires of the surrounding residents. As a result of these amendments, main use parking structures with ground floor, neighborhood-type retail would be permitted. And as referenced within the district purpose, the prohibited uses section would be amended to include all residential uses. In order to include main use parking garages and parking lots as a main permitted uses, staff has proposed that Section 130-68 and Section 130-70 be amended in order to include the I-1. FISCAL IMPACT The proposed Ordinance is not expected to have any fiscal impact. PLANNING BOARD ACTION At the June 26, 2007 meeting, the Planning Board recommended by a unanimous vote (6-0, one member absent) that the City Commission approve the ordinance including two modifications: main use commercial and non-commercial parking garages and lots to be conditional uses notwithstanding the provisions as set forth in Section 130-69.5, and the other to amend paragraph (1) c. of Section 130-68 to include the following: "In the I-1 district, ground floor commercial uses, consistent with section 142-482, shall be provided. The Design Review or Historic Preservation Board shall be authorized to require additional active commercial uses at levels above the ground floor, if determined necessary." LAND USE AND DEVELOPMENT COMMITTEE At the February 11, 2008 LUDC meeting, neighbors brought up the issue of allowing residential uses in the Industrial District. The Committee concluded that the City should maintain the policy of not allowing residential uses within the I-1 District in order to preclude City Commission Memorandum Urban Light Industrial District (1-1) Purpose and Uses March 12, 2008 Page 3 any potential conflict between these uses. It was agreed to refer the ordinance, as presented, to the full Commission for discussion at the public hearing. CONCLUSION The Administration recommends that the City Commission set a first reading public hearing for the April 16 meeting. Pursuant to Section 118-164(2), when a request to amend the Land Development Regulations changes the actual list of permitted, conditional or prohibited uses in a zoning category, regardless of the acreage of the area affected, the City Commission shall hold iwo advertised public hearings on the proposed ordinance. At least one hearing shall be held after 5:00 p.m. The second public hearing shall be held at least ten days after the first hearing and shall be advertised at least five days prior to the public hearing. The required advertisements shall be no less than two columns wide by ten inches long in a standard size or tabloid size newspaper, and the headline in the advertisement shall be in a type no smaller than 18 point. Pursuant to Section 118-164(4) of the City Code, an affirmative vote offive-sevenths shall be necessary in order to enact any amendments to the Land Development Regulations. JMG/TH/JGG/MUDT T:\AGENDA\2008\March 12\ConsentN 830 -Urban Light Industrial District.CC memo.doc ATTACHMENT A Sunset Harbor Neighborhood -Action Items ACTION ITEMS The action items are a listing of activities in which City agencies and citizens can be engaged in order to achieve the neighborhood goals. These items are divided into short, mid and long-term categories. Short-term action items are activities that City agencies may implement with existing resources and authorities within one year. Mid-term action items require more detailed analysis and may take between one and two years, while Long-term action items may require new or additional resources or authorities, and may take between three and five years (or more) to implement. • ACTION ITEM 1: Perform a study on whether or not to limit the Maximum Lot Area and/or number of lots which could be aggregated with the I-1 district for development. Lot Aggregation: Lot aggregation could be limited within the I-1 district through Overlay Zoning. The intent of this restriction is to minimize the development of large structures which would be out of scale with the surrounding buildings. Note: The number of lots allowed fo be aggregated requires furtherstudy. Staff will be conducting an analysis of the areas historical platting as well as the existing, as- builtpatterns. The I-1 district has a unique development pattern consisting of many through lots without alleys. Staffwill take into consideration all relevant development criteria with regards to the limiting of lot aggregation, including, FAR, setbacks, height and parking regulations. Another method to limit the "appearance" of large block buildings is through the use of Design Standards, which is detailed in Action Item 2. Coordinating Entity: Planning Department Timeline: Short-term • ACTION ITEM 2: Develop design standards for all development over a certain square footage. This action item will be developed along with action item 1. Possible design standards include: Sunset Harbor Neighborhood -Action Items Page 2 Along anv public street frontage the building design shall include windows arcades awnings or and open space along the building frontage. building wall from side or rearwith color texture changes wall offsets. reveals, or projections. Coordinating Entitv: Planning Department Timeline: Short-term to Mid-term (to be developed in conjunction with Action Item 1) • ACTION ITEM 3: Clarify the Purpose and Uses for I-1 district within the code. Action Item 3 shall be developed in conjunction with Action Item t and Action Item 2 Planning Department staff is working on a list of compatible and incompatible uses in order to revise the section of the code. Below is a preliminary revised "Purpose" statement: Note: The current CMB 1-1 zoning Sec. 142-482. Main Permitted Uses reads: "The main permitted uses in fhe I-1 light industrial district are those uses that are consistent with the district purpose." As written, this section is very vague and has been difficult fo interpret. Therefore, Planning Deparimentstaffis working on a list of specific uses which can be added to this section of the Zoning Ordinance. For Example: Main permitted uses. The following uses may be permitted in the I-1 district 1. Assembly or packaging of goods including food and beverage products, small electronics, watches, jewelry, clocks, musical instruments, and products from previously prepared materials (cloth, leather, canvas, rubber, etc.) 2. Light manufacturing, including: ceramic products, glass products, hand tools, and electronic equipment 3. Professional, business, research or administrative offices, when a part of a permitted industrial use 4. Printing, engraving, lithographing, and publishing 5. Wholesale businesses and sales, warehouses, mini and other storage buildings, and distribution facilities, except those storing or distributing flammable or explosive materials 6. Automobile service stations, including auto repair, and towing services 7. Machine shop, welding shop, furniture, cabinet and wood working shops, glass blowing shop commercial uses shall also be permitted. Sunset Harbor Neighborhood -Action Items Page 3 8. Tailoring services, including dry cleaning 9. Main Use Parking Structures 10. Utilities 11. Commercial uses which provide support services to the light industrial uses and to the adjacent RM-3 residents including photocopying, coffee shop, standard restaurant, video rental, bank, Coordinating Entitv: Planning Department Timeline: Short-term ACTION ITEM 4: Enhance pedestrian amenities within the entire Sunset Harbor neighborhood in order to increase connectivity between the I-1, CD-2, and RM-3. Examples of potential pedestrian amenities to be studied and developed in coordination with other City Departments: Crosswalk/Street Crossing Paving Sidewalk Paving Sidewalk Cafe as an accessory to a Main Use Restaurant Planters Bicycle Racks Street Trees Waste Receptacles Coordinating Entitv: Planning Department, Public Works Department, Capital Improvement Projects Timeline: Mid-term to Long-term • ACTION ITEM 5: Better enforcement of current parking regulations Planning Department staff is in the process of contacting the necessary enforcement agencies in order to get this issue resolved as soon as possible. Coordinating Entitv: Parking Department, Enforcement Division Timeline: Immediate (3 to 6 months) • ACTION ITEM 6: Perform a traffic study to identify traffic flow needs and the potential benefits of a West Avenue extension across the Collins Canal Note: Action Item 6 requires additional analysis and will be considered along-term item due to certain mandated City procedures, such as the hiring of a Traffic Consultant to produce a detailed traffic study in addition to funding issues and land acquisition. Coordinating Entitv: Public Works, Engineering Division Sunset Harbor Neighborhood -Action Items Page 4 Timeline: Long-term • ACTION ITEM 7: Require parking to be provided instead of permitting payment of a fee in lieu for all use intensificationstyhich require additional parking within the I-1 district. Note: Residents expressed concern regarding the payment ofa Parking Impact Fee in lieu of providing required parking. It should be noted that under current code, any new construction must provide all required parking, the Parking Impact Fee program is available ONLY to existing buildings intensify their uses with respect to the parking requirements Currently, any re-development proposal which intensifies use is given a "parking credit" for the previous use. If that "credit" is insufficient to cover the parking requirements for the new, more intense use, then a fee may be paid for the additional spots needed to meet the requirements. Additional study needs to be undertaken by the Planning Department to investigate the option of eliminating the Parking Impact Fee program in a new Overlay zoning of the I-1. Coordinating Entity: Planning Department Timeline: To be discussed in conjunction with scheduled Planning Board discussion item regarding Parking • ACTION ITEM 8: Explore new zoning classification within the CD-2 and possiblyvacant lots within the RM-3 for Live/Work uses. Develop regulations for Live/work types, such as lofts, through new parking requirements, setbacks, etc. The Live/Work land-use option can be split into iwo forms: (1) home occupations and (2) live/work units. The current City of Miami Beach 'Home Office' ordinance is intended to allow modest, low-impact business or commercial uses within a residence in a residential zone. Such uses are subject to significant limitations on the permitted extent of activities, including the prohibiting of employees, client visits, and storage of goods, among others to insure that such uses do not upset the residential character. In contrast, alive/work ordinance may allow incidental residential uses within commercial and/or office zones. Staff believes that live/work developments could be compatible and complementary to the existing CD-2 district which surrounds the I-1 district. However, the live/work units maybe incompatible with the industrial character of the I-1 district, which staff believes should be maintained. Note: The Live/Work use category requires further exploration by Staff. Issues such as parking requirements, uses, and physical design will be analyzed together with development incentives. Staff analysis will be focused on the following concepts: Definition: "Live/work unit" may mean a structure or portion of a structure: (a) That combines a commercial activity allowed in the zone with a residential living space for the owner of the commercial business, or the Sunset Harbor Neighborhood -Action Items Page 5 owner's employee, and that person's household; (b) Where the resident owner or employee of the business is responsible for the commercial activity performed; and (c) Where the commercial activity conducted takes place subject to a valid business license associated with the premises. Purpose (a) Provide for the appropriate development of units that incorporate both living and working space; (b) Provide flexibility for the development of live/work units. Where LiveNVork Units Mav Be Permitted (1) Live/work units maybe permitted in the CD-2 district adjacent to the I-1 district (2) Commercial Uses permitted could be the same as the permitted uses within the CD- 2 district. Uses which are incompatible with "Live/Work" should be further studied and detailed within the development regulations. Examples of "Incompatible" uses may include: Adult Entertainment Uses as defined by CMB Code, Sec. 142-1271, entertainment establishments as defined by CMB Code Sec. 142-1361, funeral homes, game arcades, gun clubs, shooting galleries and pawn shops. (3) Where permitted, live/work units located at street level are subject to the development standards for ground floor retail or commercial establishments as follows: a. There shall be a minimum percentage of a structure's street front facade at street level shall be occupied by nonresidential uses. b. Live/work units that exceed a certain square footage (to be determined) must have a least two exits. c. Within each live/work unit, the living area shall not exceed a percentage to be determined of the total floor area of the unit. Business License Requirement Staff will explore whether or not to require at least one resident in each live/work unit to maintain a valid business license for a business on the premises. Issues with regards to commercial uses going out of business will be explored. Parking Staff will analyze the creation less stringent parking standards for Live/Work use buildings in order to reflect the fact that a person occupying a relatively small live/work unit may have less use for a car given that he or she works on premises. Larger units may have additional residents as well as employees, and thus more parking may be necessary. Setbacks Sunset Harbor Neighborhood -Action Items Page 6 Staff will analyze the creation of less stringent setbacks for Live/Work buildings in order to provide an incentive to develop live/work projects. This issue requires additional study of current regulations within the CD-2 district in order to determine the proper development regulations to create successful projects. Coordinating Entitv: Planning Department Timeline: Mid-term to Long-term ACTION ITEM 9: Increase the enforcement of current permitted uses and the hours of operation. Note: Residents are concerned that the ramp is being used after the posted closing time. This is an enforcement matter which Planning Department staff could bring to the appropriate enforcement agency. Planning Department staff is in the process of contacting the necessary enforcement agencies in order to get this issue resolved as soon as possible. Coordinating Entitv: Parks and Recreation, Greenspace Management Division Timeline: Immediate (3 to 6 months) T: L4GENDA120081March 121Regular11830-Attachment A.doc ATTACHMENT B ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE CODE OF THE CITY OF MIAMI BEACH, BY AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," DIVISION 11, "I-1 LIGHT INDUSTRIAL DISTRICT," BY CLARIFYING PURPOSE AND PERMITTED USES; AMENDING CHAPTER 130, "OFF-STREET PARKING," ARTICLE III, "DESIGN STANDARDS," BY ADDING THE I-1 DISTRICT AS A DISTRICT PERMITTING GARAGES AS A MAIN USE; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. WHEREAS, the district purpose of the I-1, Light Industrial District is not clearly defined and requires clarity in order to avoid adverse impacts on the surrounding residential and commercial districts; and WHEREAS, the residents of the Sunset Harbor neighborhood are concerned that uses in the I-1 Light Industrial District may have an adverse impact on their quality of life; and WHEREAS, at the January 23, 2007 meeting, the Planning Board held a workshop open to the public regarding issues within the Sunset Harbor Neighborhood, and the I-1, Light Industrial District; and WHEREAS, at the March 27, 2007 meeting, the Planning Board directed Planning Department staff to prepare an amendment to the Land Development Regulations of the City Code that clarifies the Purpose and Permitted Uses for the I-1 zoning district; and WHEREAS, the amendments set forth below are necessary to accomplish all of the above objectives. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: Section 1. That Chapter 142, "Zoning Districts and Regulations," Division 11, "I-1 Light Industrial District," is hereby amended as follows: Division 11. I-1 t Urban Light Industrial District* Section 142-481, "Purpose." The primary purpose of ~ the I-1 urban light industrial district is ases- to permit light industrial uses that are generally compatible with one another and with adioinina residential or commercial districts. Uses which are compatible and complement light industrial uses. such as a limited range of offices. and commercial uses shall also be permitted. This district shall not include any residential uses. Section 142-482, "Main permitted uses." The main permitted uses in the I-1-4igf-t urban light industrial district are those uses that are consistent with the district purpose including the following: 1. Assembly or packaging of goods including food and beverage products small electronics, watches. jewelry, clocks, musical instruments and products from previously prepared materials (cloth, leather, canvas, rubber etc.)' 2. Light manufacturing, including: ceramic products, glass products hand tools and electronic equipment: 3. Professional, business. research or administrative offices when a part of a permitted industrial use; 4. Printing, engraving, lithographing, and publishingi 5. Wholesale businesses and sales. warehouses mini and other storage buildings and distribution facilities except those storing or distributing flammable or explosive materials; 6. Automobile service stations, including car wash auto repair and towing services 7. Machine shop. welding shop, furniture cabinet and wood working shops glass blowing shop; 8. Plumbing, electrical, and other similar tvpe shops which may wholesale and store parts on site: 9. Tailoring services. including drv cleaning: 10. Main Use Parkins Garages and Parking Lots 11. Utilities: 12. Landscaping services. including nursery facilities 13. Commercial uses which provide support services to the light industrial uses and to the adjacent RM-3 residents including retail sales photocopyina coffee shop standard restaurant. video rental, bank 14. Any use similar and compatible to the uses described in this district and the district purpose as determined by the Planning Director Section 142-483, "Conditional uses." The conditional uses in the I-1 urban light industrial district are any use which includes the retail sale of gasoline; new construction of structures, as defined in section 114-1, of 50,000 square feet and over, which review shall be the first step in the process before the review by any of the other land development boards; recycling receiving stations; outdoor entertainment establishment; neighborhood impact establishment; open air entertainment establishment; commercial or noncommercial parking lots and garages, notwithstanding the provisions as set forth in section 130-69.5. Section 142-484, "Accessory uses." The accessory uses in the I-1 ( urban light industrial district are as follows: Those uses customarily associated with the district purpose. (See article IV, division 2 of this chapter). Section 142-485, "Prohibited uses." The prohibited uses in the I-1 urban light industrial district are accessory outdoor bar counters, bars, dance halls, o.r entertainment establishments (as defined in section 114-1 of this Code), and all residential uses. Section 2. That Chapter 130, "Off-Street," Article III, "Design Standards," is hereby amended as follows: Section 130-68, "Commercial and noncommercial parking garages." Commercial and noncommercial parking garages as a main use on a separate lot shall be subject to the following regulations, in addition to the other regulations of this article: (1) When located in the CD-1, CD-2, CD-3, C-PS1, C-PS2, C-PS3, C-PS41 arad MXE and I-1 districts and in GU districts adjacent to commercial districts, a commercial or noncommercial parking garage shall incorporate the following: a. Residential (when oermitted~ or commercial uses at the first level along every facade facing a street, sidewalk, waterway or the ocean. For properties not having access to an alley, the required residential or commercial space shall accommodate entrance and exit drives. b. Residential (when permitted) or commercial uses above the first level ,along every facade facing a waterway or the ocean. c. All facades above the first level, facing a street or sidewalk, shall include a substantial portion of residential or commercial uses; the total amount of residential or commercial space shall be determined by the design review or historic preservation board, as applicable, based upon their respective criteria. d. In the I-1 district, around floor commercial uses, consistent with section 142-482 shall be provided. The design review or historic preservation board shall be authorized to reauire additional active commercial uses at levels above the ground floor, if determined necessary, However, in no instance shall the above described residential (when permitted) or commercial spaces exceed 25 percent of the total floor area of the structure. Additionally, in no instance shall the amount of floor area of the structure used for parking, exclusive of the required parking for the above described residential or commercial space, be less than 50 percent of the total floor area of the structure, so as to insure that the structure's main use is as a parking garage. Section 130-70, "Temporary parking lot standards." (1) Temporary commercial or noncommercial parking lots may be operated in the MR marine district, GU government use district, MXE mixed use entertainment district. I-1 urban light industrial district or in any commercial district. These lots may be operated independent of a primary use. Temporary, noncommercial lots may be located in the R-PS1--4 and in any multifamily residential district or within the architectural district as defined in section 114-1. One sign per street frontage is permitted. The maximum size of each sign shall be five square feet per 50 feet of street frontage. This sign shall also include copy that indicates the name of the operator, the phone number of operator to report complaints, and who can use the parking facility; i.e., whether it is open to the general public, private, valet or self-parking. Section 130-71, "Provisional parking lot standards." When permitted, the following standards are established for provisional parking lots: (1) Provisional commercial or noncommercial parking lots may be operated in the CD1-3 (commercial, low to high intensity) districts, CPS-1 and 2 (commercial performance standards districts), I-1 (light urban light industrial) district, and MXE (mixed use entertainment) district. These lots may be operated independent of a primary use. One sign per street frontage is permitted. The maximum size of each sign shall be five square feet per 50 feet of street frontage, not to exceed 20 square feet. This sign shall also include copy that indicates the name of the operator, the phone number of operator to report complaints, the phone number for Code Compliance, and who can use the parking facility; i.e., whether it is open to the general public, private, valet or self-parking. SECTION 3. 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 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 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 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 , 2007. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION First Reading: Second Reading: City Attorney Date Verified by: Jorge G. Gomez, AICP Planning Director Underscore denotes new language T:\AGENDA\2008WIarch 12\Regular\1830 -Urban Light Indistrial. CCord.doc