| | | | | | | |  | Committee Assignments - C4 E
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Jimmy L. Morales, City Manager | | | DATE: | July 29, 2020 | | | |
| | SUBJECT: | REFERRAL TO THE PLANNING BOARD - POST DISASTER TEMPORARY ZONING RELIEF ORDINANCE. |
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| | | | | | | | RECOMMENDATION
| | The administration recommends that the City Commission refer the attached draft ordinance to the Planning Board. |
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| | | | | | | | BACKGROUND/HISTORY
| On December 11, 2019, at the request of Commissioner Mark Samuelian, the City Commission referred the item to the Sustainability and Resiliency Committee (Item C4C). The item was placed on the January 21, 2020 agenda of the newly created Land Use and Sustainability Committee (LUSC). The item was deferred to the February 18, 2020 LUSC meeting.
On February 18, 2020, the LUSC continued the item to May 6, 2020 for the development of an ordinance. On May 6, 2020, the LUSC deferred the item to the May 26, 2020 meeting. On May 26, 2020 meeting, the LUSC deferred the item to the June 30, 2020 meeting. On June 30, 2020 the LUSC recommended that the City Commission refer the attached ordinance to the Planning Board. |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
The Miami-Dade County Resolution pertains to the use of home improvement stores and RV’s subsequent to catastrophic weather events. A similar ordinance for Miami Beach could be beneficial, as our LDR’s require all business and commerce transactions to be conducted within an enclosed structure. Additionally, the Miami Beach Code does not have temporary provisions for the use of RV’s.
The proposed ordinance incorporates provisions that are similar to Miami-Dade County’s ordinance. Staff has also reviewed several of the recommendations in the Resilient 305 Bounce Forward 305, Resilient Urban Land Use Planning Toolkit and has incorporated recommendations that would be useful post-disaster. Additoinally, in light of the current pandemic related to Covid-19, the administration has had to improvise in order to create a process to allow quasi-judicial hearings to proceed in light of social distancing guidelines. The proposed ordinance includes a procedure to allow for such hearings to proceed should a local state of emergency be declared.
The proposed draft ordinance includes the following primary components, which would be applicable during a declared local state of emergency:
1. Reduced In-Person Quorum Requirement for Land Use Boards – This section would authorize the City Manager to reduce in-person quorum requirements for land use boards, and allow board members to participate through technological platforms instead of in-person. It does not modify the voting thresholds required for the approval of items. Should the required quroum of board members not be achieved, an item would be continued to the following meeting. Because of the timeframes for noticing, the proposal allows the reduced quorum to remain in effect for 60 days after the local state of emergency has ended.
Florida Law requires a quorum to be present for offical bodies to take official action. However, it does not specifcy the number for a quorum. Currently, the Land Use Boards are able to meet virtually because the Governor’s State of Emergency for Covid-19 specifically suspends the requirements for in-person quorums to be present. However, this provision is expected to expire prior to the expiration of the Local State of Emergency. As social distancing may still be recommended, it may be difficult to achieve in-person quorums due to the health concerns that board members may have.
The idea behind this component is that the City Manager could reduce the in-person quorum requirement to a number that would allow for social distancing to be maintained and for the meeting to proceed. The remainder of the board members could then participate remotely.
The Adminstration is continuing to review this proposal to ensure that there are no conflicts with State Law and that it is implementable. In further consultation with the City Attorney’s office, modifications to this component of the legislation may be required.
2. Temporary Uses – This proposal is to aloow the City Manager to approve Temporary Uses during a declared Local State of Emergency that involves a catastrophic event, such as a tropical storm, hurricane, or pandemic. The use could occur on any parcel, regardless of zoning district, for a period of up to 120 days. The use would have to assist in the reconstruction or recovery of the area and the City Manager would have to find that the use does not negatively impact the surrounding area. Conditions to the use could be imposed to ensure that the quality of life of the surrounding area is maintained. As additional safeguards, the City Manager could limit the geographic areas for the uses and revoke the permit for any reason. Should there be a need for the use to continue beyond 120 days, the proposed ordinance allows the City Commission to extend the permits for up to an additional year by Resolution at a public hearing.
This is a recommendation from the Resilient 305 Bounce Forward 305, Resilient Urban Land Use Planning Toolkit. Several cities in California, including Los Angeles, have similar allowances for post-disaster temporary uses. As it is difficult to predict exactly what uses are necessary to assist in the recovery of an area, the proposed section grants the City the necessary flexibility, while providing sufficient safeguards to ensure that quality of life is protected.
3. Authorize the use of Camper Trailers and Recreational Vehicles as a Temporary Dwelling – The proposal is to allow camper trailers and recreational vehicles to be used as a temporary dwelling in the case that a disaster has caused the principle residence on a parcel to be uninhabitable. The propsal requires that a Temorary Certificate of Use (TCU) be obtained authorizing the use of the vehicle as a dwelling. The TCU would only be valid for 120 days. An additional extension of 120 days is available if there is evidence of progress on repairs to the primary structure.
Currently regulations in section 142-106 allow such vehicles to be located in side or rear yards on paved, permanent surfaces and screened from view from the public right of way. The proposal waives the pavement and screening requirements and also allows the vehicle to be located in the front yard. The proposal also requires that the vehicle be licensed and ready for highway use so that it can be easily moved once the TCU expires.
This is a recommendation from Miami-Dade County Resolution to facilitate housing for victims of natural disasters. Since it is limited to properties where the home is uninhabitable and for limited periods of time, the proposal should not negatively impacts neighborhoods.
4. Authorize Outdoor Sale or Rental for Home Improvement Products – The propsal is to allow businesses that sell or rent home improvement products to sell those products outdoors within the same lot in which the business is located. The ordinance allows the City Manager to authorize outdoor sales for specific geographic areas once a local state of emergency is declared. It recommends that this only be done for states of emergency where significant building damage is incurred. The proposal also requires that the outdoor sales cease once the state of emergency ends.
Currently section 142-874 requires commercial activity to take place in a substantially enclosed, permanent building. During a state of emergency in which substantial building damage occurs, there may be an increased need for home improvement products such as hardware, construction supplies, lumber, and tools. In order to facilitate meeting the demand, businesses that already sell those goods would be able to use outdoor areas to increase the area available for inventory.
This is a recommendation from Miami-Dade County Resolution to facilitate repairs and reconstruction after natural disasters. Since it requires authorization from the City Manager and must cease once the state of emergency ends, the proposal should not negatively impact surrounding areas.
SUMMARY
The attached ordinance contains provisions that would be beneficial during a State of Emergency and post natural disaster. As part of the review of the ordinance by the Planning Board, the administration will be working closely with the City Attorneys office to address any inconsistencies with State law.
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| | | | | | | | CONCLUSION
| | The administration recommends that the City Commission refer the attached draft ordinance to the Planning Board. |
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| | | | | | | | | Is this a "Residents Right to Know" item, pursuant to City Code Section 2-14? | | Does this item utilize G.O. Bond Funds? | | | Yes | | No | |
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| | | | | | | | Legislative Tracking
Planning |
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| | | | | | | | Sponsor
Vice-Mayor Mark Samuelian |
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