2008-3608 OrdinanceORDINANCE NO. 2008-3608
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 Urban Light Industrial District*
Section 142-481. Purpose.
The primary purpose of ~ the I-1 urban light industrial district is
uses: to permit light industrial uses that are generally compatible with one another and
with adioining residential or commercial districts. Uses that 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 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, either as a main
permitted use or as 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 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 type shops, which may wholesale and
store parts on site;
9. Tailoring services, including dry cleaning;
10. Main Use Parking Garages and Parking Lots;
11. Utilities;
12. Landscaping services, including nursery facilities;
13. Commercial uses that provide support services to the light industrial uses and to
the adjacent RM-3 residents, including retail sales, photocopying, coffee shop,
standard restaurant, video rental, bank;
14. Marine-related uses; and
15. 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 uv#+sf} that
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.
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, or 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 a~ 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 permitted) 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.
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
3
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 (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.
4
2008-3608
PASSED and ADOPTED this 25th day of June , 2008.
atti Herrera Bower, MAYOR
A E T:
CITY CLERK Robert Parcher
First Reading: April 16, 2008
Second Reading: June 25, 20Q8
Verified by:
e O! Gom
Wing Direc
denotes new language
T:\AGENDA\2008\June 25\Regular\1830 -Urban Light Industrial Ord.doc
APPROVED AS TO
~ORM AND LANGUAGE
& FOR EXECUTION
~Z~ ~~
Attorney Date
5
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance amending the Land Development Regulations of the City Code, in order to clarify the
curoose and permitted uses allowed within the I-1 zoning district.
-e Intended Outcome Su orted:
Increase satisfaction with development and growth management within the I-1 and surrounding
residential and commercial districts.
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.
Item Summa /Recommendation:
SECOND READING 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 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.
The Commission approved the ordinance on the first reading on April 16, 2008 and a second reading
ublic hearin is scheduled for the June 25, 2008 Cit Commission meetin .
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 Inform
Source of a ion.
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 Cit ..
t'
Cit Clerk's Office Le islative Trackin
Jorge Gomez or Mercy Lamazares
~•__ ~,~
D partmen rector Assistant City Manager City Manager
F:\P $f~L6\CCMEMOS\1830`~an Light Industri~District.CCsum.doc / / ~~
AGENDA STEM ~5~!
~~ ~~~, DATE ~-as os
m MIAMIBEACH
City of Miami Beath, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov
COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower and Members of the Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: June 25, 2008 PUBLIC HEARING
SUBJECT: URBAN LIGHT INDUSTRIAL DISTRICT (I-1).
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.
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the proposed ordinance.
BACKGROUND
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
June 25, 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 such as warehouses, car repair shops, kennels, main use car
wash, and other similar ones 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.
In addition to the I-1 in the Sunset Harbor area, Terminal Island, by the MacArthur
Causeway, is also zoned I-1, Light Industrial district. This area differs from Sunset Harbor
area in that there are marine uses located in this district; i.e., Sun Terminal, which is a port of
entry, mostly for cargo ships, but some times also services large recreational yachts; and the
ferry terminal for Fisher Island. Florida Power and Light has a substation located there, as
well as the City's fleet service yard. It should be noted that the U.S. Coast Guard Station is
located east of Terminal Island, across the canal and connected to Terminal Island by a
bridge.
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 Sunset Harbor
residents, as well as inclusion ofmarine-related uses in Terminal Island. 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 orderto 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
City Commission Memorandum
Urban Light Industrial District (1-1) Purpose and Uses Page 3
June 25, 2008
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
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.
CITY COMMISSION ACTION
At the April 16, 2008 meeting, by a vote of 6-0 (one absence), the City Commission
approved the proposed ordinance on first reading public hearing and set the second reading
public hearing for the May 14, 2008 meeting. Due to an advertising problem, this ordinance
was opened and continued to the June 25, 2008 meeting.
CONCLUSION
The Administration recommends that the City Commission adopt the proposed ordinance.
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 two
advertised public hearings on the proposed ordinance. At least one hearing shall be held
after 5:00 p.m. The first public hearing shall be held at least seven days after the day that
the first advertisement is published. 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/ /ML/DT
F:\PLAN\$PLB\CCMEMOS\1830 -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 Aststres~ation: 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 to be aggregated requires further study. Staff will
be conducting an analysis of the areas historical platting as well as the existing, as-
builtpatterns. The 1-1 district has a unique development pattern consisting of many
through lots without alleys. Staff will take info 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:
Smaller retail stores The presence of smaller retail stores gives a large structure a more
"pedestrian-friendly" appearance by creating variety breaking up large expanses and
expanding the range of the site's activities. Windows and window displays of such stores should
be used to contribute to the visual interest of exterior facades. Each additional store in the
principal building shall provide a separate exterior customer entrance.
The building shall be designed in a way that will reduce the massive scale and uniform and
impersonal appearance and will provide visual interest with community's character and scale.
Long buildings (the threshold length of which will be determined through additional analysis)
shall be broken up with projections or recessions of sufficient depth along all sides, and in
sufficient number to reduce the unbroken massing into smaller lengths (the maximum length will
be determined through additional analysis) along all sides of the building.
Sunset Harbor Neighborhood -Action Items
Page 2
Along any public street frontage the building design shall include windows, arcades, awnings or
other acceptable features along a minimum percentage of the building length. Arcades and
other weather protection features shall be of sufficient depth and height to provide alight-filled
and open space along the building frontage.
The street level facade shall be transparent between the height of three feet and eight feet
above the sidewalk elevation for a minimum percentage of the total building length.
Detail Features The building design shall include architectural features that contribute to visual
interest at the pedestrian scale and reduce the massive aesthetic effect by breaking up the
building wall from side or rear with color texture changes wall offsets reveals, or projections.
Coordinating Entity: 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 1 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:
Purpose The primary purpose is to permit light industrial uses that are generally compatible
with one another and with adjoining 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.
Note: The current CMB I-1 zoning Sec. 142-482. Main Permitted Uses reads: "The
main permitted uses in the 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 to interpret. Therefore, Planning Department staff is 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
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 Entity: 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 Entity: 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.
Coordinatin~t Entity: 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.
Coordinatins~ Entity: 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 intensifications which require additional parking within the I-1 district.
Note: Residents expressed concern regarding the payment of a 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.
Coordinatins~ 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 possibly vacant 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 two 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 may be
incompatible with the industrial character of the I-1 district, which staff believes should be
maintained.
Note: The Live/VVork 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 May Be Permitted
(1) Live/work units may be 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.
Parkin
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 Entity: 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 Entity: Parks and Recreation, Greenspace Management Division
Timeline: Immediate (3 to 6 months)
T.•bgGENDA120081April 161Regular11830-Attachment A.doc
ATTACHMENT B
CITY OF MUilYII BF.,AACH
NOTICE OF PUBLIC NEARING
AMENDMENT: I-1 LIGHT INDUSTRIAL DISTRICT
NOTICE IS HEREBY given that a Second Reading and Second 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, June 25, 2008, at 5:01 p.m., To Consider An Ordinance
Amending The -Land Oevelopmeht 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 l-1 District As
and under such circumstances additional legal
be provided.
Robert E. 'ParcheCity Clerk
-City of Miami Beach
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would not
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Pursuant to Section 286:0105, Fla. Stat., the City hereby advises the
public that: ifi 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 verbatim _ 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 bylaw.
To request this material in accessible format, sign language
interpreters, information on access for persons with disabilities,
andlor any accommodation to review any document or participate in
any city-sponsored proceeding, please contact (305) 604-2489 (voice),
(305) 673-7218 (TTI~ five days in advance to initiateyour request. TTY
users may -also call 711 (Florida Relay Service).
Ad #490
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