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HomeMy WebLinkAboutO-12162J-01-242 10/25/01 ORDINANCE NO. 12 16 2 AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 602; ENTITLED "COCONUT GROVE CENTRAL COMMERCIAL DISTRICT", BY AMENDING, REPEALING OR ADDING LANGUAGE TO SECTIONS 602.10.1, 602.10.3 AND 602.10.4 OF THE ZONING ORDINANCE TO: (1) CLARIFY THE PERMITTED EXCEPTIONS TO THE MINIMUM NUMBER OF PARKING SPACES REQUIRED, (2) CLARIFY THE PROVISIONS OF SHARED PARKING FOR MIXED USE DEVELOPMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami (the "City") administration has conducted a thorough review of the existing Coconut Grove Parking Improvement Trust Fund and implementing legislation; and WHEREAS, based on the review, the City Manager recommends, and the City Commission finds, that certain amendments should be made to the Coconut Grove Parking Improvement Trust Fund and the Coconut Grove Central Commercial District to: (1) clarify the permitted exceptions to the minimum number of parking spaces 1216 required, (2) clarify the provisions of shared parking for mixed use developments, (3) clarify and provide for payment of administrative costs and (4) modify the payment provisions by reducing the lump sum payment amount and provide for installment payments; and WHEREAS, Items (3) and (4) contained hereinabove will be addressed in a companion Ordinance which will amend the City Code, as appropriate; 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 if fully set forth in this Section. Section 2. Article 6, Sections 602.10.1, 602.10.3 and 602.10.4 of the Zoning Code of the City of Miami, Florida, Ordinance No. 11000, as amended, are amended in the following particulars:l/ "ARTICLE 6 SD SPECIAL DISTRICTS GENERAL PROVISIONS l� Words and/or figures stricken through shall be del.eted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 2 of 8 Sec. 602. SD -2 Coconut Grove Central Commercial District Sec. 602.10 Minimum required off-street parking. 602.10.1. Except as otherwise specified herein, the minimum off-street parking requirements shall be as depicted in the chart below. Said minimum parking requirements may be satisfied by providing the parking,—; pursuant to 602.10.3, entitled "Shared parking;" 602.10.4, pay±ng ±n lieu ef pre-,Fiding the park' entitled "Off-site parking;" pursuant t= e 602.12, entitled "Payment in lieu of required off-street parking;" or providing the parking on site. There shall be no ire variances for the reduction of the number of parking spaces -ie except as specifically permitted herein. Page 3 of 8 Parking Ratio All FAR Under- 9.8 All PAR U,z r Space/Module Sites Under Sites Over Sites under Sites Gver Uses 20,000 sq. ft- 20,000 sq. ft- 3-9, 990 sq. ft- 20,000 sq. ft- Non- residential 1/300 units May purchase all spaces May _ Yavhorse ,1i May -Yarehase - Shall pr general' at rates aat- s �- all p^ - ___ �_- - site specified in spe„if'�f:Fz�r apee art. VIII, art. VIII, art. VII', chapter 35, ehapter 35, ehapter 35, sec. 35-194 pf see. 35 194 e -f- see. 35 19'-4f the City of the _-ty of ~f the eef Miami Code. Mir i';ia�irr-^cv^ue Restaurants 1/300 sq. ft. May purchase May P-E--hase May . Shall e- Base Required 1/300 spaces at rates 11300 � __ Yate^--- 1/309 spaees at rates prev 1/3 parking - once specified in cpeeifie - Wit..-.. i z i -a in eeif art. VIII, ch.VIII- art. Vill, eh. 35, sec. 35, see. 35, see. 35-194 of the 36 194 of the- _f the - City of Miami C-ity ef Miami Ci y -of "� ,man-' Code Cie Gede Restaurants 1/150 sq. ft. Property owner may rent, on a monthly basis, or purchase Supplement red supplementary spaces not provided on-site from the Coconut Required rrl=-=� Grove parking Trust Fund at rates specified in article VIII, chapter 35, section 35-194 of the City of Miami Code Theaters 1/300 seats May purchase May purehase May purehase Must previa_ all spaces at all spaees at- all spuees at all parking en rates- tes see specified in spe-eiF'F-�-F=-a c pez^ art. VIII, art. V__ art. VFl3— chapter 35, ehapter 35, ehapteE 35, sec. 35-194of see.3S-194 ef- seems f- the n�tj _ - of the City of the ity ef Miami CodeI ;;wee - Page 3 of 8 Hotels units All parking must exclusive use of be provided on-site and hotel guests. reserved for the Residential 1/unit All parking must be provided on-site and reserved for the Component rooms and billiard halls exclusive use of residents of the complex. (mixed use) places of general assembly. 4 Hotel category includes the following uses: Hotels, residence hotels, lodging Residential 1.5/unit + All parking must be provided on-site and reserved for the stand alone 1/10 units exclusive use of residents and guests of complex and marked appropriately. 1 Non -Residential general category includes the following uses: Retail the development. establishments, service establishments, offices and commercial recreational no establishments permissible in the SD -2 zoning district. 2 Restaurant category includes the following uses: Restaurants, tearooms, cafes, the theater banquet halls, bars, saloons, taverns, private clubs, lodges, supper clubs, game than rooms and billiard halls 3 Theater category includes the following uses: Theatres, meetings halls and places of general assembly. 4 Hotel category includes the following uses: Hotels, residence hotels, lodging houses, tourist homes and guest homes. 602.10.3 Shared parking. 1. Shared parking for a mixed use development. Any mixed-use development which includes a theater as a component of the development, may, pursuant to a Class II Special Permit, receive a credit for a portion of the required theater parking. Said credit shall be based on a written justification of the peak demand timing for the uses contained in the development. In no case however, shall the theater parking be less than one (1) space per seven (7) fixed theater seats. 2. Shared parking for developments whose uses fer whieh parking defflands --ee �,r at different +tifRes_ F e: }, ; t; _. fA4- whieh demands occur at different times may be permitted by Special Exception, in accordance with the following: (1) all of the uses involved shall be located within the SD -2 district, except for abutting residential Page 4 of 8 c where the shared parking is located within the SD-2 district, provided, however, the residential component of the shared parking shall not be used for the purpose of leasing parking spaces to fulfill required parking in the SD-2 District and provided, further that the property owner has a Unity of Title recorded in the Public Records of Miami-Dade County, Florida; (2) the peak hours of operation for said uses shall not be concurrent; and (3) shall comply with the criteria in article 13, section 1305 of this ordinance, the proposed shared parking shall have no negative effect on the surrounding areas. Applications for shared parking shall be signed by the owner or owners of a371- of the property or properties involved. Gueh Any shared parking agreement shall be accepted in the form of a recorded covenant running with the land, in favor of the city, and signed by allef the owner or owners of allef the property or properties involved. The covenant shall also establish the limitations of the operating hours for all of the uses involved, the total number of parking spaces available and committed, and the beneficiary(ies) of the commitment(s). The planning director shall be notified by certified mail at least six (6) months prior to any termination. Such covenant shall be recorded, upon approval by the city attorney's office, subsequent to the issuance of Page 5 of 8 12162 the special exception but prior to the issuance of the certificate of use. 602.10.4 Off-site parking. -I— For all nonresidential development, all required parking may be permitted off-site anywhere within that part of the SD -2 District that lies east of Margaret Street, or that portion of the G/I district, as designated by the City of Miami's Official Zoning Atlas, in Coconut Grove which is bounded by Charles Avenue on the south, and Main Highway on the east and presently occupied by the Coconut Grove Playhouse, after an annually renewable Class I Special Permit which shall be accompanied by an updated parking calculation survey, provided, however: (a) that such required off-site parking shall not be located on any property for which subsides or other financial assistance was or is obtained from the Coconut Grove Parking Trust Fund as described in chapter 35 of the City Code; (b) that such parking is not required for any other use on the subject property. All leases under this section shall be in recordable form and approved by the city attorney's office and filed with the zoning administrator prior to each issuance and renewal of Class I Permit. Page 6 of 8 2. AIA effsite- parking arrangements eutside ef the distriet shall beterminatedupenem-iratTen of excist 3 leases -e rphased -ems- ever -a p ere de f thirty �3 6�Tent eeffifneneingfreRi january 1,1997, whiehever--e ccearlier-. Parking-eraees w :e d leeated—e f� zz�r'� qi�d �e---z�'� r sz-c dae11 as eutsTde-e€ the GE) 2 distrret at that tifne shall eeme „te eempl i 'ince with the pre miens get fe }�chr--here-in-.- Hewever, that eertain pareel ef land designated G11 by the Geeenidt Greve i fnere part ieularly, beunded by Charles Avenue en the seuth, and —MainHighway en the east and -±e presently eeedpa:ed—b'y the --GJeen t Greve Pi-a-yheuse, shall i pursuant tesueeetien 1., a;ever" Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Page 7 of 8 Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof .21 PASSED ON FIRST READING BY TITLE ONLY this 25th day of October , 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 15th day of November , 2001. JOE CAROLLO, MAYOR l rjt , C^". • n * �'t -T t #1 P,-7 Ei ^c a4a rrr�r.• -! 0 i�?,,, "f lagarding Same, Y11roui 6hu 0. .��.. ...it% ....;. Vu�.. ..-i ATTEST: WALTER J. FOEMAN CITY CLERK FTY ATTORNEY W1036:YMT. M:dd AND CORRECTNESS: 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. Page 8 of 8 12162 PZ -1 5 Second Reading PLANNING FACT SHEET APPLICANT City of Miami Planning and Zoning Department. HEARING DATE September 12, 2001 REQUESTILOCATION Consideration of amending Article 6 of Zoning Ordinance 11000. LEGAL DESCRIPTION N/A. PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by amending Article 6, Sections 602, entitled SD - 2 Coconut Grove Central Commercial District, by amending sections 602.10.1, 602.10.3 and 602.10.4 in order to: (1) Clarify the permitted exceptions to the minimum number of parking spaces required; (2) Clarify the provisions of shared parking for mixed use developments. PLANNING RECOMMENDATION Approval. BACKGROUND AND ANALYSIS The proposed amendment is in order to modify provisions related to parking in Coconut Grove. The amendment proposes specifically to: (1) Clarify the permitted exceptions to the minimum number of parking spaces required; (2) Clarify the provisions of shared parking for mixed use developments. The Planning and Zoning Department recommends approval based on findings that these amendments will facilitate parking in the Center Grove. PLANNING ADVISORY BOARD Approval VOTE: 7-0 CITY COMMISSION Passed First Reading on October 25, 2001. APPLICATION NUMBER 01-048 Item #8 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 9/5/2001 Page 1 12162 RESOLUTION PAB -77-01 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 602 ENTITLED "SD -2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT", BY AMENDING SECTIONS 602.10.1, 602.10.3 AND 602.10.4 IN ORDER TO: 1) CLARIFY THE PERMITTED EXCEPTIONS TO THE MINIMUM NUMBER OF PARKING SPACES REQUIRED; AND 2) CLARIFY THE PROVISIONS OF SHARED PARKING FOR MIXED USE DEVELOPMENTS. HEARING DATE: September 12, 2001 ITEM NO.: 8 VOTE: 7-0 ATTEST: /- `� berg hez, Vhre6tor Phaming an oning Department 12162