A Land Use and Development Committee meeting was held on January 18, 2017. Land Use Committee Members in attendance were Commissioners Joy Malakoff, John Elizabeth Aleman and Micky Steinberg. Commissioner Michael Grieco and Ricky Arriola were also in attendance. Members from the Administration, including Susanne Torriente, Eve Boutsis, Nick Kallergis, Chief Daniel Oates, Thomas Mooney, Carmen Sanchez, 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 3:10 PM.
1. CMB Preparations for Likely Passage of State Medical Marijuana Constitutional Amendment.
(Continued from the December 12, 2016 LUDC Meeting
Sponsored by Commissioner Michael Grieco and City Commission
February 10, 2016 City Commission Meeting, Item R9F)
AFTER-ACTION:
Thomas Mooney introduced the item.
Rogelio Madan made a presentation on the draft ordinance.
Eve Boutsis discussed a proposed related amendment to the City Code for Business Tax Receipt procedures for medical cannabis establishments and the state rule making processes that were being initiated.
Chief Daniel Oats provided information regarding state regulations and crime and the importance of lobbying against state preemption of local regulations.
Commissioner Grieco had concerns that the ordinance would not allow sufficient access and wanted to see additional scenarios provided.
Commissioner Aleman requested that the scenario that excluded religious facilities be provided.
Commissioner Malakoff had concerns over the number of facilities and increasing the number of locations
Commissioner Arriola indicated the proposed locations seemed reasonable, but that the moratorium should be expanded until the regulations were finalized.
MOTION:
The item was continued to the February 15, 2017 by Acclamation.
2. Discussion Regarding Zoning Overlay and Conservation Districts for the Entire Boundaries of the North Shore and Normandy Isles National Register Districts
(Sponsored by Commissioner John Elizabeth Alemán
December 9, 2016 Special City Commission Meeting, Item R9 A)
AFTER-ACTION:
Thomas Mooney introduced the item.
Susanne Torriente indicated that this was the first step in a larger public process.
Commissioner Aleman described that the conservation district would provide additional protections and guidelines for the proposed local historic districts.
Eve Boutsis indicated the moratorium that was recently adopted only applied to the Tatum Waterway area, but that it did not apply to other parts of the National Register District.
Thomas Mooney made a power point presentation on the proposed guidelines for the Overlay District.
Members of the public addressed the Committee.
Commissioner Malakoff had concerns over the number of lots that could be regulated.
Commissioner Arriola wanted additional analysis regarding the possibility for providing some waterfront dining opportunities along the Tatum Waterfront.
Commissioner Steinberg indicated that the language needed to be tweaked.
Commissioner Malakoff requested that staff reach out to Dover Kohl regarding a proposal to create more detailed guidelines.
MOTIONS:
a. A separate item shall be placed on the February 15, 2017 regarding regulations for the Town Center area by Acclamation;
b. The item was continued to February 15, 2017 by Acclamation.
3. Discussion Regarding Resiliency And Adaptation Criteria For Land Use Boards.
(Sponsored by Commissioner John Elizabeth Alemán
December 14, 2016 City Commission Meeting, Item R9F)
AFTER-ACTION:
Thomas Mooney made a clarification that the proposal to prohibit below grade parking would be moved to Chapter 130.
Members of the public addressed the committee.
Commissioner Malakoff indicated that training should be provided to Land Use Boards.
MOTION:
Recommend that the Planning Board transmit the proposal to the City Commission with a favorable recommendation by Acclamation.
4. Discussion Regarding Prohibiting Exterior Speakers In Non-Eating And Drinking Establishments On Ocean Drive.
(Continued from the December 12, 2016 LUDC Meeting
Sponsored by Commissioner Ricky Arriola and City Commission
November 9, 2016 Item C4 N)
AFTER-ACTION:
Thomas Mooney introduced the item.
Commissioner Malakoff discussed the possibility of a separate referral for similar speaker limits on Lincoln Road.
Thomas Mooney clarified that a separate referral would need to be presented to the City Commission for Lincoln Road.
MOTION: JA/MS (3-0)
a. A referral item shall be placed on the February 8, 2017 City Commission consent agenda regarding a Land Use Committee referral for a speaker ordinance pertaining to Lincoln Road by Acclamation;
b. Recommend that the Planning Board transmit the proposal to the City Commission with a favorable recommendation by Acclamation.
5. Discussion Regarding Incentivizing the Retention, Raising And/or Relocation Of Historic/Architecturally Significant Single Family Homes (SFH).
(Continued from the December 12, 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.
Susanne Torriente indicated that review can be expedited if plans are correct, but that if information is missing from plans that it should not count against staff review time.
Thomas Mooney indicated that the administration would verify if a shorter review timeframe of 10 days was possible for architecturally significant single family homes.
MOTION:
The item was continued to February 15, 2017 by Acclamation.
6. Discussion Regarding The Use Regulations For The West Avenue Overlay District.
(Continued from the December 12, 2016 LUDC Meeting
Sponsored by Commissioner Joy Malakoff
November 9, 2016 City Commission Meeting, Item C4 J)
AFTER-ACTION:
Thomas Mooney introduced the item and requested that there be a modification to the definition of occupancy so that it is based on square footage and that the definition of restaurant be modified as proposed in the memo.
MOTION: JA/MS (3-0)
Recommend that the City Commission refer the proposed ordinance to the Planning Board with a modification that the definition for occupancy be based on square footage and that the proposed definition for restaurant be included.
7. Re-hearing and Appeal Process.
(Sponsored by the City Commission
December 14, 2016 City Commission Meeting, Item C4 L)
AFTER-ACTION:
Eve Boutsis introduced the item.
Thomas Mooney clarified that Commissioner Malakoff agreed to be the sponsor.
MOTION: JA/MS (3-0)
Recommend that the Planning Board transmit the ordinance to the City Commission with a favorable recommendation.
8. Amendments to the Land Development Regulations And The Comprehensive Plan Regarding Nonconforming Hotel Uses On The North Side Of Belle Isle.
(Sponsored by Commissioner Ricky Arriola
December 14, 2016 City Commission Meeting, Item C4 M)
AFTER-ACTION:
Thomas Mooney introduced the item.
Monika Entin made a presentation on behalf of an affected party.
Commissioner Aleman indicated that she was supportive of the item allowing the properties to become more resilient.
MOTION: JA/MS (3-0)
Recommend that the City Commission transmit the Ordinance to the Planning Board.
9. Waiver Of Outstanding Parking Lieu Fees For Red Steakhouse, 119 Washington Avenue.
(Sponsored by Commissioner Michael Grieco
December 14, 2016 City Commission Meeting, Item C4 V)
AFTER-ACTION:
Alex Tachmes introduced the item on behalf of the affected party.
Carmen Sanchez identified the fees that had been calculated and issues related to the shared parking calculation.
Members of the committee expressed concerns over the precedent this would set with other fee in lieu of parking accounts that had paid fees in the past.
MOTION:
No action taken.
The meeting adjourned at 6:00 p.m.