Item Coversheet

Commission Committee Reports - C6  D




COMMISSION MEMORANDUM

TO:Honorable Mayor and Members of the City Commission 
FROM:Jimmy L. Morales, City Manager 
DATE:January  11, 2017
 



SUBJECT:REPORT OF THE DECEMBER 12, 2016 LAND USE & DEVELOPMENT COMMITTEE MEETING. 1. CMB PREPARATIONS FOR LIKELY PASSAGE OF STATE MEDICAL MARIJUANA CONSTITUTIONAL AMENDMENT. 2. DISCUSSION REGARDING INCENTIVIZING THE RETENTION, RAISING AND/OR RELOCATION OF HISTORIC/ARCHITECTURALLY SIGNIFICANT SINGLE FAMILY HOMES (SFH). 3. DISCUSSION ON AN AMENDMENT TO THE CITY CODE TO ADDRESS THE ALLOWANCE OF "ENTERTAINMENT" IN NON-ALCOHOLIC BEVERAGE USES AND ESTABLISHMENTS. 4. DISCUSSION REGARDING THE USE REGULATIONS FOR THE WEST AVENUE OVERLAY DISTRICT. 5. DISCUSSION REGARDING PROHIBITING VARIANCES TO EXCEED THE MAXIMUM SIZE OF ACCESSORY RETAIL ON OCEAN DRIVE. 6. DISCUSSION REGARDING PROHIBITING EXTERIOR SPEAKERS IN NON-EATING AND DRINKING ESTABLISHMENTS ON OCEAN DRIVE. 7. DISCUSSION PERTAINING TO DEVELOPMENT REGULATIONS AND GUIDELINES FOR NEW CONSTRUCTION IN THE PALM VIEW HISTORIC DISTRICT TO ADDRESS RESILIENCY, SUSTAINABILITY AND ADAPTATION. 8. UPDATE ON THE TRANSIT HUB ON THE 500 BLOCK OF ALTON ROAD. 9. PROPOSED MIAMI BEACH MARINA REDEVELOPMENT AND ASSOCIATED LEGISLATIVE CHANGES. 10. DISCUSSION REGARDING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE TO ESTABLISH MORE AGGRESSIVE REQUIREMENTS FOR EMPLOYEE TRANSPORTATION PLANS. 11. DISCUSSION TO RE-ZONE THE WESTERN SIDE OF THE 600 BLOCK OF WASHINGTON AVENUE FROM RM-2 TO CD-2.

ANALYSIS

A Land Use and Development Committee meeting was held on December 12, 2016. Land Use Committee Members in attendance were Commissioners Joy Malakoff, John Elizabeth Aleman and Micky Steinberg. Commissioner Michael Grieco was also in attendance. Members from the Administration, including Susanne Torriente, Eve Boutsis, Nick Kallergis, Alek Boksner, Chief Daniel Oates, Josiel Ferrer, Thomas Mooney, and Rogelio Madan, as well as members of public, were also in attendance. Please see the attached sign-in sheet.

The meeting was called to order at 3:09 PM.

1. CMB Preparations for Likely Passage of State Medical Marijuana Constitutional Amendment.
(Continued from the November 16, 2016 LUDC Meeting
Sponsored by Commissioner Michael Grieco and City Commission
February 10, 2016 City Commission Meeting, Item R9F)

AFTER-ACTION:
Rogelio Madan introduced the item.
Commissioner Malakoff expressed concerns with the number of establishments located throughout the City.
Commissioner Grieco and Aleman had concerns that the proposal would benefit too small a group of property owners and requested that additional areas be studied.
Chief Oats indicated concerns that can arise from medical marijuana distribution facilities.
Members of the public addressed the committee.

MOTION: By Acclamation
1. Recommend that the City Commission extend the moratorium of medical marijuana facilities for three months;
2. Continue the item to January 18, 2017 with direction to staff that additional areas be analyzed for the location of medical marijuana facilities.


2. Discussion Regarding Incentivizing The Retention, Raising And/Or Relocation Of Historic/Architecturally Significant Single Family Homes (SFH).
(Continued from the October 26, 2016 LUDC Meeting
Sponsored by Commissioner Michael Grieco
April 13, 2016 City Commission Meeting, Item C4 E)

AFTER-ACTION:
Thomas Mooney introduced the item.
Members of the public addressed the committee.
Commissioner Malakoff expressed support for a program to expedite permits for pre-1942 single-family homes.
Commissioner Aleman wanted to understand the financial cost of establishing a fund to pay for overtime reviews for pre-1942 single-family homes.
Commissioner Grieco expressed support for making it easier for owners to maintain their single-family homes and would like to further explore the ability for Architecturally significant homes to get priority in permit reviews.
Members of the public addressed the committee.

MOTION: By Acclamation
1. Continue the item to January 18, 2017;
2. Staff to provide an estimate on providing overtime review for pre-1942 and pre-1966 homes;
3. Staff to discuss the feasibility of expedited reviews for the retention of Architecturally Significant Single Family Homes with the Fire Chief and Building Official;
4. Staff to provide a draft Ordinance indicating the areas of the code that would need to be amended to provide for expedited permitting, including thresholds for permits that would qualify for expedited permit review.


3. Discussion On An Amendment To The City Code To Address The Allowance Of ‘Entertainment’ In Non-Alcoholic Beverage Uses And Establishments.
(Continued from the October 26, 2016 LUDC meeting
Sponsored by the City Commission
September 14, 2016 City Commission Meeting, Item R5 R)

AFTER-ACTION:
Thomas Mooney introduced the item.

MOTION: No further action / item concluded by Acclamation.


4. Discussion Regarding The Use Regulations For The West Avenue Overlay District.
(Continued from the November 16, 2016 LUDC Meeting
Sponsored by Commissioner Joy Malakoff
November 9, 2016 City Commission Meeting, Item C4 J)

AFTER-ACTION:
Thomas Mooney introduced the item.
Commissioner Malakoff expressed support for limiting the occupancy of hotel, suite hotels, and hostels, as well as a ban on hostiles within the overlay.
Commissioner Aleman expressed the need to exempt two children up to the age of 15 from the occupancy limit.
Members of the public addressed the committee.

MOTION: JEA/MS (3-0)
1. Continue the item to January 18, 2017;
2. Staff to prepare a draft Ordinance that contains occupancy limits based on the type of unit, but combine one bedroom and studio units for the purposes of occupancy load, provide for an exemption of two children up to the age of 15, tighten the definition of ‘dining room’, and include a definition of ‘hostel’.


5. Discussion Regarding Prohibiting Variances To Exceed The Maximum Size Of Accessory Retail On Ocean Drive.
(Continued from the November 16, 2016 LUDC Meeting
Sponsored by Commissioner Ricky Arriola and City Commission
November 9, 2016 City Commission Meeting, Item C4 M)

AFTER-ACTION:
Thomas Mooney introduced the item.

MOTION: JEA/JM (3-0)
Recommend that the Planning Board transmit the proposed Ordinance to the City Commission with a favorable recommendation.


6. Discussion Regarding Prohibiting Exterior Speakers In Non-Eating And Drinking Establishments On Ocean Drive.
(Continued from the November 16, 2016 LUDC Meeting
Sponsored by Commissioner Ricky Arriola and City Commission
November 9, 2016 Item C4 N)

MOTION: Continue to January 18, 2017 by Acclamation.


7. Discussion Pertaining to Development Regulations And Guidelines for New Construction In the Palm View Historic District To Address Resiliency, Sustainability and Adaptation.
(Continued from the November 16, 2016 LUDC Meeting
Sponsored by Commissioner Joy Malakoff
March 9, 2016 City Commission Meeting, Item C4 K)

AFTER-ACTION:
Thomas Mooney introduced the item.
Paul Freeman provided an update on the neighborhood’s actions and research regarding sea level rise and requested additional time to study solutions.
Additional members of the public addressed the committee.
Commissioner Malakoff requested that a meeting be setup between the City Engineer and the Palm View neighborhood.

MOTION: Continue to March 8, 2017 by Acclamation.



8. Update On The Transit Hub On The 500 Block Of Alton Road.
(Continued from the September 21, 2016 LUDC Meeting
Sponsored by Commissioner Ricky Arriola
April 13, 2016 City Commission Meeting, Item C4 Q)


MOTION: The item was withdrawn by the sponsor.



9. Proposed Miami Beach Marina Redevelopment and Associated Legislative Changes.
(Continued from the September 21, 2016 LUDC Meeting
Sponsored by Commissioner John Elizabeth Aleman
May 11, 2016 City Commission Meeting, Item R9 J)

MOTION: The item was continued to March 8, 2017 by Acclamation.



10. Discussion Regarding The Recommendation Of The Neighborhood/Community Affairs Committee To Establish More Aggressive Requirements For Employee
Transportation Plans.
(Continued from the November 16, 2016 LUDC Meeting
Sponsored by City Commission
June 8, 2016 City Commission Meeting, Item R7 X)

AFTER-ACTION:
Josiel Ferrer introduced the item.
Commissioner Malakoff had concerns with creating excessive regulations for businesses.
Commissioner Steinberg liked the direction of the ordinance and expressed a need for such traffic reduction methods.
Commissioner Aleman wanted to see a focus on how compliance would be ensured.

MOTION: The item was continued to March 8, 2017 by Acclamation.


11. Discussion To Re-Zone The Western Side Of The 600 Block Of Washington Avenue From RM-2 To CD-2
(Continued from the November 16, 2016 LUDC Meeting
Sponsored by Commissioner Michael Grieco
November 9, 2016 City Commission Meeting, Item C4 E)


AFTER-ACTION:
Thomas Mooney introduced the item.
Mickey Marrero provided details on the proposal.
Commissioner Grieco explained the need for the ordinance.

MOTION: JEA/MS (3-0)
Recommend that the City Commission refer the proposed ordinance to the Planning Board.

The meeting adjourned at 5:18 p.m.
Legislative Tracking
Planning

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