Item Coversheet


City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov

 Item 6.
COMMITTEE MEMORANDUM

TO: Land Use and Sustainability Committee

FROM: Alina T. Hudak, City Manager

DATE: July 12, 2021
TITLE:DISCUSSION REGARDING A PROPOSED AMENDMENT TO ELIMINATE TOWING SERVICES AS A CONDITIONAL USE IN THE I-1 SUNSET HARBOUR NEIGHBORHOOD AND INSTEAD MAKE IT A PROHIBITED USE

HISTORY:

On June 23, 2021, at the request of 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).

ANALYSIS:

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, the only district where towing is permitted in the City is 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 located 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 non-conforming 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).

ANALYSIS
As noted above, the only 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 proposal herein, to potentially remove towing as a conditional use in the I-1 district in Sunset Harbor, 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 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.

Finally, from a land use perspective, Planning staff does not recommend modifying the I-1 zoning district category in a manner that limits towing to a single site 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.

CONCLUSION:

In view of the foregoing, the Administration recommends that the LUSC discuss and conclude the item with no further action.

Applicable Area

South Beach
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 

Departments

Planning
ATTACHMENTS:
DescriptionType
Sunset Harbour Zoning MAPOther