| | | | | | | |  | Ordinances - R5 I
COMMISSION MEMORANDUM |
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| | | | | | | | | TO: | Honorable Mayor and Members of the City Commission | | | FROM: | Alina T. Hudak, City Manager | | | DATE: | July 20, 2022 | | | | 5:02 p.m. First Reading Public Hearing
| | SUBJECT: | PROHIBITION OF TOWING AS A CONDITIONAL USE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE II, ENTITLED "DISTRICT REGULATIONS," BY AMENDING DIVISION 11, ENTITLED "I-1 LIGHT INDUSTRIAL DISTRICT," AT SECTION 142-483, ENTITLED "CONDITIONAL USES," TO REMOVE TOWING SERVICES FROM THE LIST OF CONDITIONAL USES; AND AT SECTION 142-485, ENTITLED "PROHIBITED USES," TO ADD TOWING SERVICES TO THE LIST OF PROHIBITED USES; AND PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN EFFECTIVE DATE. |
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| | | | | | | | RECOMMENDATION
| | The Administration recommends that the City Commission not approve the subject Ordinance. |
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| | | | | | | | BACKGROUND/HISTORY
| HISTORY
On June 23, 2021, at the request of former Commissioner Michael Gongora, the City Commission referred a discussion to the Land Use and Sustainability Committee (LUSC) regarding a proposed amendment to eliminate towing services as a conditional use in the I-1 district in Sunset Harbour and instead make it a prohibited use (C4H). On July 12, 2021 the LUSC discussed the proposal and recommended the following:
1. An Ordinance be referred to the Planning Board to eliminate towing services as a conditional use in the I-1 district in Sunset Harbour.
2. The City Commission issue no more than two towing permits citywide.
On October 13, 2021 the City Commission referred the proposed Ordinance to the Planning Board for review and recommendation (item R9 AA). The sponsor for the proposal is Commissioner Alex Fernandez.
BACKGROUND
Attached is a map showing the different zoning districts in the Sunset Harbor neighborhood, which is bounded by 20th Street on the north, Alton Road on the east, Dade Boulevard on the south and Biscayne Bay on the west. In addition to Sunset Harbor, Terminal Island is the only other area of the City that contains an I-1, light industrial, zoning district.
Under the City Code, towing is only permitted as a conditional use within the I-1 district. Specifically, Sec. 142-483(12) sets forth the following:
Towing services: Lots reviewed pursuant to the conditional use process shall also comply with the following criteria:
(a) A schedule of hours of vehicle storage and of hours of operation shall be submitted for review and approval by the planning board.
(b) If the towing yard is proposed to be within 100 feet of a property line of a lot upon which there is a residential use, the planning board shall analyze the impact of such storage and/or parking on the residential use. The analysis shall include, but not be limited to, visual impacts, noise, odors, effect of egress and ingress and any other relevant factor that may have an impact of the residential use.
(c) Towing yards must be fully screened from view as seen from any right-of-way or adjoining property, when viewed from five feet six inches above grade, with an opaque wood fence, masonry wall or other opaque screening device not less than six feet in height.
(d) Parking spaces, backup areas and drives shall be appropriately dimensioned for the type of vehicles being parked or stored.
(e) Towing yards shall be required to satisfy the landscaping requirements of subsection 126-6(2), and shall be subject to the design review procedures, requirements and criteria as set forth in chapter 118, article VI.
Currently there are two (2) towing uses in the City, both of which are in Sunset Harbour:
1. Beach Towing (1451 Dade Boulevard). This towing operation is located within the CD-2 (Commercial, Medium Intensity) zoning district and is legal non-conforming. As legal nonconforming use, this particular entity cannot expand or relocate within a CD-2 district.
2. Tremont Towing (1747 Bay Road). This towing operation is located within the I-1 (Light Industrial) zoning district and is conforming as it has an active Conditional Use Permit (CUP) that was issued in 2016 (PB0416-0010). |
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| | | | | | | | ANALYSIS
| PLANNING ANALYSIS
As noted above, the only existing towing uses in the City are located in the Sunset Harbor neighborhood, and one of the establishments is located within a zoning district where towing is no longer permitted. Towing is an essential use within the City, both for parking enforcement and emergency purposes. Having towing services available within the City is beneficial to residents and visitors alike, as retrieving a vehicle from a remote location across the bay is challenging and cumbersome.
The Land Use and Sustainability Committee (LUSC) has recommended that the Land Development Regulations of the City Code be amended to eliminate towing as a conditional use in the Sunset Harbor I-1 district. This would leave Terminal Island as the only location for a future towing use to be located.
The Fleet Management, Police and Parking Departments have expressed the following concerns with regard to any proposal to limit towing services to Terminal Island:
1. Logistics of Existing Fleet Management Vehicle Maintenance Operation. The only site on Terminal Island where a towing operation could, potentially, occur, is the City fleet management and vehicle maintenance site, which is already exceedingly challenged in terms of space and access. Additionally, the previously vacant sites (Fisher Island Employee Parking and Related Office parcel) are nearing completion and/or about to break ground. Once these adjacent sites are at full operational capacity, access to Terminal Island will become more challenging.
2. Security related concerns involving City operations.
• Terminal Island is a primary refueling depot. Towing, or any other similar use, could impede the ability of Police and Fire vehicles to re-fuel.
• Terminal Island is the primary location for public safety vehicles that are in need of repair to be serviced. There are security related concerns in terms of ensuring that people coming to the site to retrieve a towed vehicle do not have the opportunity to rummage through, and or damage police and fire, as well as other City vehicles that are currently in for servicing.
• There is a general concern with the interactions between our City police officers and those coming to retrieve their towed vehicles, which would likely require Police to have some type of staffing on Terminal Island to ensure that there will be no disturbances.
From a land use perspective, the Planning Department has concerns with modifying the I-1 zoning district category in a manner that limits towing to a single site (Terminal Island) and creates a legal non-conforming use (Tremont Towing). Additionally, the use of towing services is well placed within the I-1 district, and the requirement for CUP approval ensures that both the existing towing entity with a CUP (Tremont), as well as any potential future towing uses, would be carefully regulated, and controlled within the I-1 district. Making the existing towing establishment in the I-1 district a non-conforming use could limit the potential for improvements to the site that could improve the aesthetics of the tow yard.
PLANNING BOARD REVIEW
On January 25, 2022, the Planning Board discussed the item and continued it to the May 24, 2022 meeting. The Planning Board held a public hearing on May 24, 2022 and transmitted the Ordinance to the City Commission with an unfavorable recommendation (6-0).
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| | | | | | | | SUPPORTING SURVEY DATA
| | Address Residents Quality of Life |
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| | | | | | | | FINANCIAL INFORMATION
| | No Fiscal Impact Expected |
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| | | | | | | | CONCLUSION
| | The Administration recommends that the City Commission deny the subject Ordinance at First Reading and take no further action. |
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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
Commissioner Alex Fernandez |
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