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Home My WebLink About10-05-16 PZAB Supporting DocsPZAB.2 File ID: Title: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 16-01061zt Quasi -Judicial A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD CREW QUARTERS; AND BY AMENDING ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Location: Citywide Applicant(s): Purpose: Finding(s): Planning and Zoning Department Daniel J. Alfonso, City Manager, on behalf of City of Miami 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 This will modify Article 1 of the Miami 21 Zoning Code, more specifically by adding the definition of "Crew Quarters" in Article 1, subsection 1.2. This will also amend Article 6, Table 13 of the Miami 21 Zoning Code to establish supplemental regulations for Crew Quarters, and to permit them through the Warrant process. Recommends approval. Planning, Zoning and Continued from September 7, 2016 to October 5, 2016. ..Title A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITION OF TERMS", TO ADD CREW QUARTERS; AND BY AMENDING ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommends approval PURPOSE: This will modify Article 1 of the Miami 21 Zoning Code, more specifically by adding the definition of "Crew Quarters" in Article 1, subsection 1.2. This will also amend Article 6, Table 13 of the Miami 21 Zoning Code to establish supplemental regulations for Crew Quarters, and to permit them through the Warrant process. ..Body WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida was adopted as the City of Miami's Zoning Ordinance ("Miami 21 Code"); and WHEREAS, the City of Miami has a robust and thriving working waterfront, comprised primarily of "District" Transect Zones (D1, D2, and D3); and WHEREAS, all of the District Transect Zones allow Marinas and Marine Related Industrial Establishments by Right; and WHEREAS, the D2 and D3 Transect Zones provide for no residential density, making it impossible to provide short-term, on -site accommodations for the crew and/or passengers of vessels being serviced or moored at Marinas or Marine Related Industrial Establishments; and WHEREAS, it has been determined that some accommodations that do not contribute to residential density are necessary, presuming that these accommodations are incidental to a Marina or Marine Related Industrial Establishment and outfitted to accommodate individuals on a non -permanent basis; and WHEREAS, on July 29, 2015, pursuant to Section 7.1.2.2 of the Miami 21 Zoning code the Planning and Zoning Director issued Determination of Use No. 2015-01 "Crew Quarters Incidental to Marine Related Industrial Uses" to allow for accommodation of crew, on a non- permanent basis, in Transect Zones where Marine Related Industrial Uses are permitted. Determination of Use No. 2015-01 establishes that Crew Quarters may only be allowed in D1, D2, and D3 transect zones and must be incidental to, and supportive of, a Principal Marina or Marine Related Industrial Use; and WHEREAS, Compliance with these standards shall be reviewed by the Warrant process; and WHEREAS, pursuant to Article 7, Section 7.1.2.2(b) of the Miami 21 Zoning Code, it is necessary to rectify the omission of Crew Quarters from the Code; and WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting of September 7, 2016, Item No. PZAB._, following an advertised hearing, adopted Resolution No. PZAB-R-16-01061zt by a vote of to (_ _), RECOMMENDING APPROVAL of this item to the City of Miami City Commission; and WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City and its citizens to amend the Miami 21 Code as hereinafter set forth; NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 1 and Article 6 in the following particulars {1 }: ARTICLE 1. DEFINITIONS 1.2 DEFINITIONS OF TERMS Crew Quarters: Accommodations designed and outfitted to accommodate on a non -permanent basis the crew and/or passengers of vessels being serviced or moored at established Marinas or Marine Related Industrial Establishments allowed, in an incidental capacity, on the same property where the primary use which they support is established. See Article 6. ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS DENSITY (UPA) 111 — WORK PLACE 36 UNITS PER ACRE D2 — INDUSTRIAL D3 — WATERFRONT INDUSTRIAL N/A N/A CHILDCARE Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. Vehicular entrance must be within 300 feet of arterial road. INDUSTRIAL USES It is intended that the provision of Industrial Products It is intended that the provision of Industrial Products It is intended that the provision of Industrial Products and Services be permissible, as appropriate, within and Services be permissible within the D2 Zone. The and Services be permissible within the D3 Zone. The the Di Zone. The Di Zone allows limited Residential heavier Industrial Uses are limited to the D2 Zone. heavier Industrial Uses are limited to the D2 Zone. Uses and is generally intended to contain light industrial uses. The Di Zone generally allows Industrial, commercial and Office activities which serve the needs of other businesses, may require extensive loading facilities and often benefit from proximity to Industrial areas. This Zone also includes the following Uses: wholesaling, warehousing, light assemblage and distribution and minor repairs and fabrication of materials and equipment. Residential use is limited. The D3 Zone allows all Industrial activities such as manufacturing, processing, assembly, auto -related and storage activities and restricts activities generating adverse impacts such as such as excessive amounts of noise, fumes, illumination and hazardous wastes. This Zone shall generally be located where directly served by major transportation facilities and shall be buffered from Residential areas. This type of Zone specifically excludes the following activities: • Any uses that involve the manufacturing processing generation or storage of materials that constitute a physical or health hazard in quantities in excess of those found in the Florida Building code, Section 307 — High -Hazard Group H. CREW QUARTERS Accommodations designed and outfitted to Accommodations designed and outfitted to Accommodations designed and outfitted to accommodate on a non -permanent basis the crew accommodate on a non -permanent basis the crew accommodate on a non -permanent basis the crew and/or passengers of vessels being serviced or and/or passengers of vessels being serviced or and/or passengers of vessels being serviced or moored at established Marinas or Marine Related moored at established Marinas or Marine Related moored at established Marinas or Marine Related Industrial Establishments allowed, in an incidental Industrial Establishments allowed, in an incidental Industrial Establishments allowed, in an incidental capacity, on the same property where the primary use capacity, on the same property where the primary use capacity, on the same property where the primary use which they support is established. which they support is established. which they support is established. Crew Quarters shall be reviewed by process of Crew Quarters shall be reviewed by process of Crew Quarters shall be reviewed by process of Warrant. Warrant. Warrant. CONTAINER YARDS Container yards and any facilities for the outdoor Container yards and any facilities for the outdoor Container yards and any facilities for the outdoor storage, stacking and processing of containers storage, stacking and processing of containers storage, stacking and processing of containers intended for shipment. Permissible only by exception. intended for shipment. Permissible only by exception. intended for shipment. Permissible only by exception. • No more than 3 containers shall be stacked vertically • No more than 3 containers shall be stacked vertically • No more than 3 containers shall be stacked vertically • A 10 to 15 foot high wall Setback a minimum of 10 • A 10 to 15 foot high wall Setback a minimum of 10 • A 10 to 15 foot high wall Setback a minimum of 10 feet from the Property Line must surround the feet from the Property Line must surround the feet from the Property Line must surround the property. property. property. • All Setback yards must be appropriately landscaped. • All Setback yards must be appropriately landscaped. • All Setback yards must be appropriately landscaped. • Security floodlights must be shielded or deflected • Security floodlights must be shielded or deflected • Security floodlights must be shielded or deflected from surrounding Residential neighborhoods so as to from surrounding Residential neighborhoods so as to from surrounding Residential neighborhoods so as to prevent light spillover. prevent light spillover. prevent light spillover. • All crane operations are limited to daylight hours • All crane operations are limited to daylight hours • All crane operations are limited to daylight hours between8:00 am and 6:00 pm. between8:00 am and 6:00 pm. between8:00 am and 6:00 pm. • Appropriate measures are required to minimize any • Appropriate measures are required to minimize any • Appropriate measures are required to minimize any adverse effect of use including noise generation; dust; adverse effect of use including noise generation; dust; adverse effect of use including noise generation; dust; vibrations; street capacity and maneuverability; traffic vibrations; street capacity and maneuverability; traffic vibrations; street capacity and maneuverability; traffic and negative visual impact. and negative visual impact. and negative visual impact. *11 Section 3. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.{2} APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY ..Footnote {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted an unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Exhibit A CITY OF MIAM1, FLORIDA INTER -OFFICE MEMORANDUM TO Irene S. Hegedus Zoning Administrator FROM Francisco J. Garcia Planning & Zoning Director DATE : July 29, 2015 SUBJECT FILE Determination No. 2015-01 Crew Quarters Incidental to Marine Related Industrial Uses REFERENCES ENCLOSURES: Pursuant to Article 7.1.2.2 of Miami 21 Code, as amended which establishes the criteria for "Determination of Use", it is hereby determined that quarters shall be allowed, in an incidental capacity which are designed and ouffitted to accommodate on a non -permanent basis the crew and/or passengers of vessels being serviced or moored at established Marinas of Marine Related Industrial Establishments each as defined in Miami 21, the Zoning Ordinance of the City of Miami, as amended. Said "Crew Quarters" shall be incidental and supportive of the Waterfront Industrial principal uses specified above and shall be deemed not to contribute residential density. Crew Quarters are not Residential Uses or characteristics of use since individuals stationed therein shall not reside on a permanent basis. Nor are they lodging uses or characteristics of use since they are not occupied on a rental basis or in exchange for pecuniary consideration. Crew Quarters definition: Accommodations designed and ouffitted to accommodate on a non -permanent basis the crew and/or passengers of vessels being serviced or moored at established Marinas or Marine Related Industrial Establishments allowed, in an incidental capacity, on the same property where the primary use which they support is established. Permissibility: Crew Quarters shall be reviewed by process of Warrant subject to restrictions set forth herein. At the next Opportunity this department will initiate a proposed amendment to the Miami 21 Code to appropriately reflect Determination. Until final action has been taken by the City Commission on the proposed amendment, this Determination shall be binding on all officers and agencies of the City as an interim administrative ruling, and become effective upon the publication of the Determination and conclusion of the applicable appeal period, pursuant to Article 7.1.2.2 a, b and c, of the Miami 21 Code. cc: Honorable Mayor and Commissioners Daniel J. Alfonso City Manager Victoria Mendez, Esq. City Attorney Barnaby Min, Esq. Deputy City Attorney Peter Iglesias, Senior Director Olga Zamora, Chief of Hearing Boards