A Land Use and Development Committee meeting was held on November 28, 2018. Land Use Committee Members in attendance were Commissioners John Elizabeth Aleman, Michael Góngora, and Kristen Rosen Gonzalez. Commissioner Mark Samuelian and Commissioner Ricky Arriola were also in attendance. Members from the administration, including Susanne Torriente, Eve Boutsis, Thomas Mooney, Michael Belush, Heather Shaw, Nick Kallergis, Eric Carpenter, as well as members of public, were also in attendance. Please see the attached sign-in sheet.
The meeting was called to order at 2:32 PM.
1. DISCUSSION REGARDING AN AMENDMENT TO CITY CODE SECTION 142-546(B) (THE “OCEAN DRIVE SPEAKER ORDINANCE”).
Continued from October 31, 2018
Office of the City Attorney
Commissioner Ricky Arriola
July 25, 2018, C4 J
AFTER-ACTION:
Nick Kallergis introduced the item, which clarifies existing requirement regarding speaker locations and clarifies that retail establishments are prohibited from placing speakers outdoors and interior speakers cannot be audible on the exterior.
Ceci Velasco from the Ocean Drive Association indicated support for the ordinance.
Monica Entin – rep. Mangos Café – indicated no objection but recommend including language that references ‘unless exempted with a prior permit’.
Eve Boutsis commented that would not be appropriate to include the suggested language from Monica Entin in the ordinance.
Daniel Ciraldo commented that noise conditions have improved on ocean drive.
MOTION: MG/KRG (3-0)
Recommend approval of the Ordinance.
2. DISCUSSION OF AN AMENDMENT TO SECTION 142-425, OF THE LAND DEVELOPMENT REGULATIONS TO PROVIDE FOR A RECOMMENDATION BY THE HISTORIC PRESERVATION BOARD, PRIOR TO ANY GU WAIVER OF DEVELOPMENT REGULATIONS WITHIN A LOCAL HISTORIC DISTRICT.
Deferred from October 31, 2018
Office of the City Attorney
Commissioner Michael Gongora
September 12, 2018 C4 A
AFTER-ACTION:
Thomas Mooney introduced the item
Nancy Liebman (HPB member) indicated support for the item
Commissioner Arriola commented that the HPB could provide a recommendation without the suggested formal process
Commissioner Aleman expressed concern with the potential impact on the process
MOTION: MG/KRG (2-1)
Recommend that the City Commission refer the item to the Planning Board.
3. REFERRAL TO THE NOVEMBER 28, 2018 LAND USE AND DEVELOPMENT COMMITTEE AND THE PLANNING BOARD: PROPOSED ORDINANCE AMENDMENT PERTAINING TO CD-2 HEIGHT AND EXISTING NON-CONFORMING BUILDINGS.
November 14, 2018, R5 B
Commissioner John Elizabeth Aleman
AFTER-ACTION:
Thomas Mooney introduced the item
Commissioner Góngora indicated support for the proposal provided it was for the same height and footprint, and that it may be placed elsewhere on the site, and also indicated he is not supportive of expanding the footprint to the 2.25 proposed.
Daniel Ciraldo commented that the area of applicability should be narrowed, and discussed ‘naturally occurring affordable housing”
Commissioner Aleman indicated support for the ordinance at same footprint
Graham Penn – representing Russell Galbut – argued for 2.25 footprint
MOTION: MG/KRG (3-0
Recommend approval of the Ordinance, provided it is for the same building footprint, but may be relocated on the site.
4. DISCUSSION REGARDING A COMPREHENSIVE PLAN FOR RIDE SHARE LOCATIONS CITYWIDE.
Continued from October 31, 2018
City Commission
January 17, 2018 Item R5 C
Deferred to the January 2019 meeting – Commissioners Aleman to sponsor.
5. DISCUSSION: HAVING A STUDY CONDUCTED REGARDING THE HOTEL INDUSTRY’S IMPACT ON INFRASTRUCTURE, TOURISM, AND QUALITY OF LIFE.
Continued from October 31, 2018
Office of the City Attorney
Commissioner Kristen Rosen Gonzalez
September 12, 2018 C4 D
Deferred to the January 2019 meeting.
6. DISCUSSION REGARDING THE REZONING OF THE PROPERTY LOCATED AT 550 9TH STREET FROM HD TO CD-2, WHICH WOULD REQUIRE A COMPREHENSIVE PLAN AMENDMENT AND REZONING, AS WELL AS A TEXT AMENDMENT TO SECTION 142-456 REGARDING ADAPTIVE REUSE OF EXISTING STRUCTURES WHEN REZONING OF HD DISTRICT; THIS WAS PREVIOUSLY REFERRED BUT DUE TO ADDITIONAL DISCUSSIONS IT IS BEING RE-REFERRED TO LAND USE FOR DISCUSSION AGAIN.
Office of the City Attorney
Commissioner Michael Gongora
October 17, 2018 Item C4 C
AFTER-ACTION:
Commissioner Gongora introduced the item.
Michael Larkin addressed the Committee
MOTION: MG/KRG (3-0)
Recommend approval of the Ordinances.
7. DISCUSSION REGARDING THE MAYOR'S 41ST STREET BLUE RIBBON COMMITTEE 41ST STREET DESIGN AND VISION PLAN DEVELOPED BY ALTA PLANNING + DESIGN AND GEHL STUDIO DETAILING A CRITICAL PATH FOR REVITALIZING THE 41ST STREET CORRIDOR TO THE LAND USE COMMITTEE FOR REVIEW.
Tourism, Culture and Economic Development
October 17, 2018 – C4 D
AFTER-ACTION:
Heather Shaw provided an overview of the discussion
Jeffrey Gehl provided a presentation of the proposal
Seth Gadinsky, Committee chair indicated that temporary parklets should be introduced on side streets, including extending food service and an area for relaxed seating
Commissioner Gongora indicated that he fully supports the plan and is more inclined to approve the smaller option 1 vs. removing more lanes of traffic (option 3).
Seth Gadinsky confirmed that option 3 is not being considered.
Commissioner Arriola indicated that money from the G.O. bond will be invested in this area, and the sooner the better to get things done, and questioned if further development of parking garages was considered.
Commissioner Aleman questioned if exiting business depend on the availability of on-street parking and noted that a further study of this is required.
Commissioner Rosen-Gonzalez suggested that the City buy the Roosevelt theater and activate it, and also suggested amending the Land Use Regulations so that offices and banks not be allowed on the ground floor, and that workshops are needed for public outreach if parking is to be removed.
Commissioner Aleman indicated that a multi-year priorty ‘Workplan’ is needed.
MOTION: MG/KRG (3-0):
- Option 1 in the Presentation Recommended.
- Recommend that the City Commission refer an implementation work plan to the Finance Committee to prioritize budgeted funds.
8. DISCUSSION REGARDING THE PLANNING BOARD RECOMMENDATIONS FOR MEDICAL CANNABIS TREATMENT CENTERS AND PHARMACY STORES DISTANCE SEPARATION REQUIREMENTS.
Commissioner John Elizabeth Aleman
November 14, 2018, Item C4 N
AFTER-ACTION:
Eve Boutsis introduced the item
Thomas Mooney provided an update on the recommendation, including recommendations from the Committee for Quality Education.
Eve Boutsis commented on legal concerns with the referenced recommendations from the Committee for Quality Education.
Commissioner Arriola noted concern with future recreational marijuana and exposure to children.
Commissioner Aleman recommended that the city continue to review the feasibility of implementing separation requirements between facilities, and recommended edits regarding noticing to the school and to include exit of facility in measuring distance.
Joy Malakoff commented that the City’s hands are tied by the state, and noted she had voted against it.
Commissioner Aleman indicated that she had concerns with the proposed waiver provision and was not supportive of the waiver.
Michael Larkin spoke in favor of the waiver process.
Commissioner Rosen-Gonzalez recommended that the waiver option only be available for facilities not located on ground floor.
MOTION (By Acclamation):
1. Recommend that distance separation requirements be measured from the entrance and exit points and that a separate notice to the affected school be provided.
2. Recommend that a distance separation requirement between facilities be included and that the City Attorney’s office continue to review the feasibility of including this.
3. Recommend that if a distance waiver is to be considered in the future, the City Commission would be the entity to review any waivers, and waivers would only be potentially allowed provided the facility is not located on ground floor.
The meeting adjourned at 4:30 p.m.