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HomeMy WebLinkAboutO-11351J-96-06 1/11/96 �135� ORDINANCE N0. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING: SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS," TO ALLOW "STATE OF FLORIDA LICENSED FRANCHISE MOTOR VEHICLE DEALERS" AS A "PERMITTED PRINCIPAL USE" IN THE "CA" RESTRICTED COMMERCIAL ZONING DISTRICT; TO ALLOW "RENTAL - PURCHASE" STORES AS A "CONDITIONAL PRINCIPAL USE" BY CLASS II SPECIAL PERMIT IN THE "CA" RESTRICTED COMMERCIAL ZONING DISTRICT; BY AMENDING SECTION 602, TO ALLOW "BREWERY - RESTAURANTS" AS A "CONDITIONAL PRINCIPAL USE" BY SPECIAL EXCEPTION IN THE "SD-2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; BY AMENDING SECTION 613, TO ALLOW "DECORATIVE PLUMBING FIXTURE SHOWROOMS" AS A "PERMITTED PRINCIPAL USE" IN THE "SD-13" SOUTHWEST 27TH AVENUE GATEWAY DISTRICT; BY AMENDING SECTION 915, "HEIGHT REGULATION, GENERALLY," TO PROVIDE AN EXCEPTION TO FLORIDA STATUTE'S SECTION 333.03(3), BY CLASS I SPECIAL PERMIT, FOR THE CONSTRUCTION OF EDUCATIONAL FACILITIES WITHIN THE CLEAR ZONE OF THE MIAMI INTERNATIONAL AIRPORT; BY AMENDING SECTION 918 "OFFSITE PARKING," TO ALLOW TEMPORARY OFFSTREET OFFSITE PARKING FOR CONSTRUCTION CREWS BY CLASS I SPECIAL PERMIT; AND BY AMENDING SECTION 2502, TO PROVIDE DEFINITIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of November 15, 1995, Item No. 4, following an advertised hearing adopted Resolution No. PAB 61-95 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL of amending Ordinance No. 11000 as hereinafter set forth, 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 of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth; 11351 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows: - ARTICLE 4. ZONING DISTRICTS Sec. 401. Schedule of District Regulations. C-1 Restricted Commercial. Permitted Principal Uses: As for O district and in addition: in enclosed buildings. limited to ten '-' 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. Ellipsis and asterisks indicate omitted and unchanged material. 2 11351 Conditional Principal Uses: Same as for O district and in addition: ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 602. SD-2 Coconut Grove Central Commercial District Sec. 602.4. Permitted Principal Uses and Structures. Sec. 602.4.1.1. Only the following uses shall be permitted on the ground floor frontage of pedestrian streets. 91 li351 Sec. 613. SD-13 SW. 27th Avenue Gateway District. Sec. 613.4. Permitted Principal Uses and Structures. Sec. 613.4.1. Principal uses permitted on the ground floor and second level frontage on pedestrian streets. 1. Retail establishments for sale of groceries, wearing apparel, photographic and hobby supplies, antiques, toys, sundries, bookstores open to the general public; music stores, florists, delicatessens, meat markets, bakeries, confectioneries, ice cream stores, gift shops, hardware stores, decorative plumbing fixture outside storage); variety stores, stores for television, radio and other electronic appliances; bicycle shops; stationery stores, with or without printing as an accessory use; videotape sales and rentals open to the general public; jewelry stores (except pawnshops); art stores; package liquor stores (without drive-in facilities). Aside from antique, art jewelry, book and videotape stores, no such retail establishment shall deal in secondhand merchandise. ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec. 915. Height regulation, generally. 915.2. Aviation hazards. In addition, when the zoning administrator shall find, in relation to a particular application, that there is reasonable doubt concerning aviation hazards with regards to a proposed use or structure, a Class I Special Permit shall be required, with clearance from appropriate authorities. 4 11351 Sec. 918. Offsite Parking. It is the general intent of these regulations that required offstreet parking be provided on the same lot with the principal use or structure it serves, except as otherwise specifically authorized. Unless otherwise specifically provided in the special district, offsite parking shall be permitted en4y by special exception and only fbF nonresidential uses and up to twenty five (25) percent of the required number of spaces and as authorized by the provisions of this section in districts more or equally permissive as where the principal use to be served is located, or as otherwise specifically permitted under the terms of this zoning ordinance, and in any event only where there are practical difficulties or unnecessary hardships in providing required parking on the site. 918.2. Temporary offstreet offsite parking for construction crews. Lots utilized for this tvpe of parkina shall be located within a distance of to ARTICLE 25. DEFINITIONS Sec. 2502. Specific definitions. Bazaar -Forum. See flea market. I a 5 1 *'I Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. If any section, part of this section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 25th January day of PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of March , 1996. STE EN P. CLARK. MAY ATT T: U WALTER J. F AN CITY CLERK 6 11351 PREPARED AND APPROVED BY: aI'. A 4143 Wf- L E. MAXWELL D PUTY CITY AT RNEY APPROVED AS TO FORM AND CORRECTNESS: y ASO A. QUIM-JONEg,III CITY ATTO Y W088.doc 11351 PLANNIN6 FACT SHEET Pzw16APPLICANT Department of Community Planning and Revitalization. V SECOND READING REQUEST/LOCATION Amendment to the text of Zoning Ordinance 11000 to reflect changes brought about as a result of various Determinations of Use not Specified. LEGAL DESCRIPTION N/A. PETITION Consideration of amending Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by amending: Article 4, Section 401, "Schedule of District Regulations', to allow State of Florida Licensed Franchise Motor Vehicle Dealers as a permitted principal use in the C-1 Restricted Commercial zoning district; to allow Rental/Purchase Stores as a conditional principal use subject to Class II Special Permit review in the C-1 Restricted Commercial zoning district; Article 6, Section 602, to allow Brewery -Restaurants as a conditional principal use subject to Special Exception review in the SO-2 Coconut Grove Central Commercial district; Article 6, Section 613, to allow Decorative Plumbing Fixture Showrooms as a permitted principal use in the SD-13 SW 27th Avenue Gateway district; Article 9, Section 915 'Height Regulation, Generally' to provide an exemption to Section 333.03(3) F.S. subject to Class I Special Permit review for the - construction of educational facilities within the clear zone of the Miami - International Airport (MIA); Article 9, Section 918 'Offsite Parking', to allow temporary offstreet offsite parking for construction crews subject to Class I Special Permit review; Article 25, Section 2502 'Specific Definitions% to add definitions for: "State of Florida Licensed Franchised PLANNING Motor Vehicle Dealer', "Rental/Purchase Stores' and 'Bazaar -Forums'. RECOMMENDATION BACKGROUND AND This proposed amendment to the text of Zoning Ordinance 11000, as amended, the ANALYSIS Zoning Ordinance of the City of Miami, Florida; includes the changes to said text contained in various Determinations of Used Not Specified issued in the last year. Specifically, those contained in determinations: 94-112 of December 28, 1994; 95-002 of April 13, 1995; 95-003 of February 27, 1995; 95-005 of April 14, 1995; 95-007 of April 24, 1995; 95-008, 95-009 and 95-010 of May 11, 1995; 95-011 of May 18, 1995 and 95-012 of May 19, 1995. See attached determinations of uses not specified and accompanying backup material for analysis and additional information. PLANNING ADVISORY BOARD Approval. VOTE: 8-0. CITY COMMISSION Continued from CC 2/29/96 to CC 3/26/96. APPLICATION NUMBER 94-213 December 13, 1995 12/07/95 I t ens # 4 Page 1 11351 RESOLUTION PAB - 61-95 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, TO INCORPORATE THE CHANGES TO ITS TEXT REFERENCED IN THE ACCOMPANYING LEGISLATION. HEARING DATE: December 13, 1995 VOTE: 8-0. ATTEST: LUFT, DIRECTOR Department of Community Planning and Revitalization 113513 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To Juan Gonzalez Acting Zoning Administrator Planning, Building and Zoning FROM Sergio Rodriquez, Director Planning, Building and Zoning DATE December 28, 1994 FILE Department Request for a Determination SUBJECT : Concerning Use Not Specified: State of Florida Licensed Franchised Motor Vehicle REFERENCES. Dealer DepartmeMtCLOSURES : 94 - 112 Pursuant to Section 904, Determinations Concerning Uses Not Specified, of Zoning Ordinance 11000, and in response to the attached request dated November 9, 1994; it is hereby determined that: The integrated o ration of a "State of Florida Licensed Franchised Motor Vehicle Dealer" is not specifically mentioned in Zoning Ordinance 11000. These dealers should be allowed in the C-1 Restricted Commerical Zooirg District, as a principal use by right, including the sales of new cars. Other uses maintained and operated in direct association with the new car sales operation and which are customarily incidental and subordinate to the sales of new cars by such dealers are also included as follows; subject to the following conditions and limitations: 1/ 1. Used car sales, enclosed and unenclosed, shall be limited to twenty (20) percent of the dealership's overall land area. 2. The unenclosed sale of new or used cars along the frontage of arterial roadways shall only be permitted where an enclosed showroom or other dealership building(s) are located on the same site. 3. Sales of auto parts shall be in enclosed buildings, limited to ten (10) percent of the dealership's overall land area. Definition: A State of Florida Licensed Franchised Motor Vehicle Dealer is any person who engages in the business of repairing, servicing, buying, selling or dealing in motor vehicles pursuant to a franchise agreement with a manufacturer, factory branch, distributor or importer, by which authorization is given to transact said business pertaining to motor vehicles of a particular line or make. (summarized from Sections 320.27 and 320.60, F.S.) -1- It35' 1 4. Minor automotive services and repairs in enclosed buildings, as defined in Section 2502, are included. Additionally, major automotive services and repairs in enclosed building, as defined in Section 2502, are included, except that no paint and body work, straightening of frames or body parts, welding and other work involving undue noise, glare, fumes or smoke shall be included on any part of the facility zoned C-1. 5. However, storage of wrecked automobiles not in operating condition and operations of a commercial garage or commercial parking lot as incidental uses, is prohibited. At the next opportunity, this department will amend the zoning ordinance to appropriately reflect this determination. Until such amendment, this determination shall govern the regulation of this particular use. Attachment cc: Teresita L. Fernandez, Chief _ Hearing Boards Division (for distribution to Boards) All NET Service Centers Attn: Zoning Inspectors Central File: Determinations JWM/jw -2- P1FM— L 4-9=5 FR 1 ' 04 F 0Z CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM To : Juan Gonzalez DATE Acting Zoning Administrator Planning, 6i lding and Zoning Dept. SUBJECT FROM ;Ser guez, REFEnENCE3 nt City Manager irec or, Planning, Building and Zoning. FN"osvnrs: April 14, 1995 FILE Reque$t for a Determination Concerning Uses Not Specified: Rental -Purchase Store Zoning Determination 95-005 Pursuant to Section 904, Determinations Concerning Uses Not Specified, of Zoning Ordinance 11000, and in response to your memorandum dated March 20, 1995, it is hereby determined that: Rental/purchase stores are not specifically identified in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, but due to _their particular characteristics they arP rrmnatihir with the pPnPral intPnt of C-1 Restrirtmd Cammsrrial taming distriets and therefore -merit inclusion as conditional principal uses subject to a Class 11 Special Permit. In considering whether rental/purchase stores are presently addresird by ti:e Zoning Ordinance of the City of Miami, the Planning, Building and Zoning Department has made the following findings: 1. The rental/purchase business is not retail but rental, and often deals in returned, refurbished and secondhand goods. There are at least four different price -to -consumer levels for identical merchandise: 1) sale; b) rental; c) rent- i.o-purchase; and d) resale/re-rental of refurbished, discounted merchandise; however, most customers choose to rent or rent -to -purchase. 2. The Restricted Commercial zoning designation allows: - rental of formal attire and hospital equipment; - videotape sales and rentals; - sale of secondhand merchandise, including antiques, art, jewelry and bookstores; and _ sale of used automobiles (by special exception) 3. The rental/purchase business is no different from renting formal attire and hnspitnl ruinment rrrPilt that it Pnrnmtaw� a vidrr rnnon of Inrrrhnndint. e.g., furniture, TV, heavy and light appliances, and jewelry. Sales/rental of secondhand merchandise is no different from renting hospital equipment, videotape sales and rentals, sales of antiques and jewelry except for the wider range, e.g., furniture, TV, heavy and light appliances, and jewelry. a. Rental/purchase stores are defined as general merchandise stores which a) rent; b) rent -to -purchase; c) rent refurbished; or d) sell merchandise which is new or secondhand, provided that at any one time, the majority (51%) of the merchandise at any single establishment is new by volume. Page I of 2 11357 n F R I 0!5 P © 3 For these reasons it is concluded that rental -purchase stores are substantially different uses that must be addressed separately by the Zoning Ordinance. In considering the permissibility of rental -purchase stores, the Planning, Building and Zoning Department has made the following findings: 1. The particular characteristics of rental -purchase stores, are compatible with the intent of Restricted Commercial zoning which reads: "The restricted commercial category allows structures used as any type of residential facility except for rescue missions, to a maximum density equivalent to R-4, subject to the same limiting conditional any activity included in the office designation, commercial marinas and living quarter$ on vessels with specific limitations, and mixed -use or commercial activities which generally serve the daily retailing and service needs of the public, typically requiring easy access by pedestrians and private automobiles. This category is located preferably in areas directly served by arterial or, collector roadways, or direotly accessible via mass transportation system." 2. Issues of concern with rental -purchase stores are: location on an arterial roadways or within shopping centers, traffic, and potential negative visual impact due to signs or any kind of outdoor display items for rent or purchase. For these reasons it is concluded that rental/purchase stores shall be allowed as conditional principal uses in restricted commercial zoning districts subject to Class II Special Permit review, so that appropriate precautions may be taken to minimize their potential adverse effects and to ensure their visual compatibility with existing commercial districts. At the next opportunity, this department will amend the Zoning Ordinance to appropriately reflect this determination. Until such amendment, this determination shall govern the regulation of this particular use. cc: Teresita L. Fernandez, Chief of Hearing Boards Division. (for distribution to boards) Joseph W. McManus, Deputy Director Lourdes Siazyk, Planner II Central File: Determinations 11351 Page 2 of 2 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Juan C. Gonzalez May 11, 1995 TO Acting Zoning Administrator DATE FILE Plannin Building and Zoning Department SuaiECT Determination Concerning Use Not Specified: Brewery -Restaurants, Zoning Determination 95-008 FROM Se Rodriguez REFERENCES nt City Manager/Director Planning, Building and Zoning DepartmentNCLosJRES Pursuant to Section 904, Determinations Concerning Uses Not Specified of Zoning Ordinance 11000 and in response to your memorandum of Apri1'I 24, 1995, it is hereby determined that: Brewery -Restaurants are not specifically identified in Zoning Ordinance 11000. Breweries and distilleries are first allowed as a principle permitted use in the I Industrial district. The SO-2 Coconut Grove Central Commercial District includes restaurants as principal permitted uses, per the C- 1 Restricted Commercial District. The SD-2 District further specifies restaurants among the uses that may occupy ground floor frontage of pedestrian streets, including the address at 3330-3370 Virginia Street. In SD-2, restaurants are a principal permitted use allowed on pedestrian streets and beer and wine served incidental to the consumption of food is a permitted accessory and incidental uses Therefore, brewery -restaurants should be allowed as a conditional permitted use in SD-2 by special exception. In considering whether brewery -restaurants should be included in Zoning Ordinance 11000, the Planning Building and Zoning Department has 'made the following findings: 1. State regulations for establishments of this type limit beer production to 10,000 kegs per year @ 15.5 gallons per keg. 2. Brew -pubs, micro -breweries and brewery -restaurants are not considered to be industrial operations. One has functioned in Ft. Lauderdale on New River and up until a few years ago, a brewery -restaurant operated in the 1800 block of NE 4th Avenue without impacting the neighborhood. 3. Taverns, bars and saloons are conditional uses in SD-2, and require a special exception and distance separation. The intended principal use is a restaurant and not a tavern, bar or saloon (or brew -pub). j 11351 4. While the brewing operation may be an incidental use to a restaurant, the area of the brewing operation as an incidental use in comparison to the area of the restaurant needs further evaluation, as do hours of operation, parking provisions, yearly beer production, and any other impact in the neighborhood. For these reasons it is concluded that a brewery -restaurant should be a conditional principal use in SD-2, where the brewing operation is an accessory use to a restaurant, which is permitted on a pedestrian street, by Special Exception only provided that beer and wine is not sold or consumed on the premises by the glass only, but always in conjunction with a meal. Conditions to be considered during the Special Exception public hearing are: incidental use (precise areas of the restaurant and brewing operations) annual beer production, hour of operation; parking provisions; exterior lighting,landscaping and s gns. A brewery- restaurant is defined as a full service restaurant at east 2,500 square feet in area which has as an additional accessory use, the brewing of beer limited to 10,000 kegs annually. At the next opportunity, this Department will amend the Zoning Ordinance to include brewery -restaurants as a principal conditional use in SD-2, subject to the conditions above. Until 'such amendment, this determination shall govern the regulation of this particular use. Attachments cc: Teresita Fernandez, Chief Hearing Boards (for -distribution to Boards) Joseph W. McManus Deputy Director Planning, Building and Zoning Department Lourdes Slazyk Planner III Christina Abrams NET Administrator Coconut Grove Service Center Central File: Determination CITY OF VIAM: FLORIDA INTER -OFFICE MEMORANDUM Juan C. Gonzalez May 11, 1995 To Acting Zoning Administrator DATE FILE Planning, Building and Zoning Department Determination SUBJECTDetermination Use Not Specified: Decorative Plumbing Fixture Showrooms, Zoning Determination FROMAAs Rodriguez REFERENCES 95-009 s ntCity Manager/Director ning, Building and Zoning DepartmentENCLosURES Pursuant to Section 904, Determinations Concerning Uses Not Specified of Zoning Ordinance 11000 and in response to your memorandum of April 25, 1995, it is hereby determined that: i The'SD-13 SW 27th Avenue Gateway District allows retail establishments such as hardware stores, stores for television, radio and other electronic appliances, and variety stores but does not mention decorative plumbing and hardware showrooms. Plumbing wholesaling and supplies are first allowed in the C-2 General Commercial District as a special exception, and in the I -Industrial District as a permitted principal use. However, decorative plumbing fixture showrooms should be allowed as a principal permitted use in the SD-13 District. In considering whether decorative plumbing fixture showrooms should be included in Zoning Ordinance 11000, the Planning, Building and Zoning Department has'made the following findings: 1. The SD-13 zoning district does not include all the uses outlined in the C-1 district, rather is is based on the 0 - Office and R-3 Medium Density Residential Districts and adds specific limited retail and service uses so as to encourage pedestrian activity along the street frontage. 2. Hardware stores are already included in SD-13. 3. Decorative plumbing fixture and hardware showrooms, open to the general public, selling at retail, would be consistent with the retail and service uses already allowed in SD-13 and would encourage pedestrian activity. For these reasons it is concluded that decorative plumbing fixture showrooms, selling at retail not including sale of pipe and fittings, repair of fixtures; sale of secondhand merchandise or outside storage, should be a principal permitted use in SD-13, and will be included within the 60% street frontage requirement in Sec. 613.3.2.2. Note that miscellaneous finished hardware e.g.. faucets, shower heads, etc., are already allowed under "hardware stores" in SD-13. Exteriors of buildings in SD-13 are already all subject to a Class II Special Permit. 11351 At the next opportunity, this Department will amend the Zoning Ordinance to include decorative plumbing fixture showrooms as a principal permitted use in the SD-13 districts. Until such.amendment, this determination shall -govern the regulation of this particular use. Attachments CC: Teresita Fernandez, Chief Hearing Boards (for distribution to Boards) Joseph W. McManus Deputy Director Planning, Building and Zoning Department Lourdes Slazyk Planner III Christina Abrams NET Administration Coconut Grove Service Center Central File: Determination SR/sa 1� 1.1351 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM ro Juan Gonzalez Acting Zoning Administrator Planning, Building and Zoning FROM. Sergio Rodriquez, Director Planning, Building and Zoning DATE December 28, 1994 FILE Department Request for a Determination SUBJECT Concerning Use Not Specified: State of Florida Licensed Franchised Motor Vehicle REFERENCES: Dealer DepartmeEtCLosURES : 94 - 112 Pursuant to Section 904, Determinations Concerning Uses Not Specified, of Zoning Ordinance 11000, and in response to the attached request dated November 9, 1994, it is hereby determined that: The integrated o ration of a "State of Florida Licensed Franchised Motor Vehicle Dealer" is not specifically mentioned in Zoning Ordinance 11000. These dealers should be allowed in the C-1 Restricted Commerical Zoning District, as a principal use by right, including the sales of new cars. Other uses maintained and operated in direct association with the new car sales operation and which are customarily incidental and subordinate to the sales of new cars by such dealers are also included as follows; subject to .the following conditions and limitations: 1/ 1. Used car sales, enclosed and unenclosed, shall be limited to twenty (20) percent of the dealership's overall land area. 2. The unenclosed sale of new or used cars along the frontage of arterial roadways shall only be permitted where an enclosed showroom or other dealership building(s) are located on the same site. 3. Sales of auto parts shall be in enclosed buildings, limited to ten (10) percent of the dealership's overall land area. Definition: A State of Florida Licensed Franchised Motor Vehicle Dealer is any person who engages in the business of repairing, servicing, buying, selling or dealing in motor vehicles pursuant to a franchise agreement with a manufacturer, factory branch, distributor or importer, by which authorization is given to transact said business pertaining to motor vehicles of a particular line or make. (summarized from Sections 320.27 and 320.60, F.S.) 11351� 4. Minor automotive services and repairs in enclosed buildings, as defined in Section 2502, are included. Additionally, major automotive services and repairs in enclosed building, as defined in Section 2502, are included, excep" that no paint and body work, straightening of frames or body parts, welding and other work involving undue noise, glare, fumes or smoke shall be included on any part of the facility zoned C-1. 5. However, storage of wrecked automobiles not in operating condition and operations of a commercial garage or commercial parking lot as incidental uses, is prohibited. At the next opportunity, this department will amend the zoning ordinance to appropriately reflect this determination. Until such amendment, this determination shall govern the regulation of this particular use. Attachment cc: Teresita L. Fernandez, Chief _ Hearing Boards Division (for distribution to Boards) All NET Service Centers Attn: Zoning Inspectors Central File: Determinations JWM/jw -2- 14 0F,m— L 4 —Q-_'� FF 1 ' 04 F' - 0 2 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM ro : Juan Gonzalez DATE Acting Zoning Administrator Planning, Wilding and Zoning Dept. sua,EcT X FMM :Ser guez, REFEREmcEs : nt City Manager free or, Planning, Building and Zoning. FNcLosunrs: April 14, 1995 FILE Request for a Determination Concerning Uses Not Specified: Rental -Purchase Store Zoning Determination 95-005 Pursuant to Section 904, Determinations Concerning Uses Not Specified, of Zoning Ordinance 11000, and in response to your memorandum dated March 20, 1995, it is hereby determined that: Rental/purchase stores are not specifically identified in Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, but due to _their pQarrticuiar characteristics they arp r mpAtihip with the Upnrral intent elf G-1 bstrintrd CBWarriel Caning distriets and therefore merit inclusion ss conditional principal uses subject to a Class II Special Permit. In considering whether rental/purchase stores are presently addressed by the Zoning Ordinance of the City of Miami, the Planning, Building and Zoning Department has made the following findings: 1. The rental/purchase business is not retail but rental, and often deals in returned, refurbished and secondhand goods. There are at least four different price -to -consumer levels for identical merchandise: 1) sale; b) rental; c) rent- Lo-purchalse,, and d) resale/re-rental of refurbished, discounted merchandise; however, most customers choose to rent or rent -to -purchase. 2. The Restricted Commercial zoning designation allows: - rental of formal attire and hospital equipment; - videotape sales and rentals; - sale of secondhand merchandise, including antiques, art, jewelry and bookstores; and _ sale of used automobiles (by special exception) 3. The rental/purchase business is no different from renting formal attire and hnipital ennipmPnt PTrPpt that it Fnrnrnwr r5 n airier rnn9e elf mrrrhnndisn, e.g., furniture, TV, heavy and light appliances, and Jewelry. Sales/rental of secondhand merchandise is no different from renting hospital equipment, videotape sales and rentals, sales of antiques and jewelry except for the wider range, e.g., furniture, TV, heavy and light appliances, and jewelry. 4. Rental/purchase stores are defined as general merchandise stores which a) rent; b) rent -to -purchase; c) rent refurbished; or d) sell merchandise which is new or secondhand, provided that at any one time, the majority (51%) of the merchandise at any single establishment is new by volume. /57 Page I of 2 .'s A FAR- 1 4- J+=5 F= R_ 1 0= F For these reasons it is concluded that rental -purchase stores are substantially different uses that must be addressed separately by the Zoning Ordinance. In considering the permissibility of rental -purchase stores, the Planning, Building and Zoning Department has made the following findings: . 1. The particular characteristics of rental -purchase stores, are compatible with the intent of Restricted Commercial zoning which reads: "The restricted co-narciil category allowa structures used as any type of residential facility except for rescue missions, to a maximum density equivalent to R-4, subject to the same limiting conditional any activity included in tho office designation, commercial marinas and living Quarters on vessels with specific limitations, and mixed -use or commercial activities which generally serve the daily retailing and service needs of the public, typically - requiring easy avicess by pedestrians and private automobiles. This category is located preferably in areas directly served by arterial or collector roadways, or directly acceacible via mass transportation system." 2. Issues of concern with rental -purchase stores are: location on an arterial roadways or within shopping centers, traffic, and potential negative visual impact due to signs or any kind of outdoor display items for rent or purchase. For these reasons it is concluded that rental/purchase stores shall be allowed as conditional principal uses in restricted commercial zoning districts subject to Class II Special Permit review, so that appropriate precautions may be taken to minimize their potential adverse effects and to ensure their visual compatibility with existing commercial districts. At the next opportunity, this department will amend the Zoning Ordinance to appropriately reflect this determination. Until such amendment, this determination shall govern the regulation of this particular use. cc: Teresita L. Fernandez, Chief of Hearing Boards Division. (for distribution to boards) Joseph W. McManus, Deputy Director Lourdes Slazyk, Planner II Central File: Oeterminations 140 113151 Face 2 0` 2 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM Juan C. Gonzalez DATE May 11, 1995 FILE To Acting Zoning Administrator Plannin Building and Zoning Department sua,ECT Determination Concerning Use Not Specified: Brewery -Restaurants, Zoning Determination 95-008 FROM Ase Rodriguez REFERENCES nt City Manager/Director n i ng , Bu i 1 d i ng and Zoning DepartmenNCLosuREs Pursuant to Section 904, Determinations Concerning Uses Not Specifi d of Zoning Ordinance 11000 and in response to your memorandum of Apri 24, 1995, it is hereby determined that: Brewery -Restaurants are not specifically identified in Zoning Ordinance 11000. Breweries and distilleries are first allowed as a principle permitted use in the I Industri-al district. The SD-2 Coconut Grove Central Commercial District includes restaurants as principal permitted uses, per the C- 1 Restricted Commercial District. The SD-2 District further specifies restaurants among the uses that may occupy ground floor frontage of pedestrian streets, including the address at 3330-3370 Virginia Street. In SD-2, restaurants are a principal permitted use allowed on pedestrian streets and beer and wine served incidental to the consumption of food is a permitted accessory and incidental uses Therefore, brewery -restaurants should be allowed as a conditional permitted use in SD-2 by special exception. I In considering whether brewery -restaurants should be included in Zoning Ordinance 11000, the Planning Building and Zoning Department has 'made the following findings: 1. State regulations for establishments of this type limit beer production to 10,000 kegs per year @ 15.5 gallons per keg. 2. Brew -pubs, micro -breweries and brewery -restaurants are not considered to be industrial operations. One has functioned in Ft. Lauderdale on New River and up until a few years ago, a brewery -restaurant operated in the 1800 block of NE 4th Avenue without impacting the neighborhood. 3. Taverns, bars and saloons are conditional uses in SD-2, and require a special exception and distance separation. The intended principal use is a restaurant and not a tavern, bar or saloon (or brew -pub). i 4. While the brewing operation may be an incidental use to a restaurant, the area of the brewing operation as an incidental use in comparison to the area of the restaurant needs further evaluation, as do hours of operation, parking provisions, yearly beer production, and any other impact in the neighborhood. For these reasons it is concluded that a brewery -restaurant should be a conditional principal use in' SD-2, where the brewing operation is an accessory use to a restaurant, which is permitted on a pedestrian street, by Special Exception only provided that beer and wine is not sold or consumed on the premises by the glass only, but always in conjunction with a meal. Conditions to be considered during the Special Exception public hearing are: incidental use (precise areas of the restaurant and brewing operations) annual beer production, hour of operation; parking provisions; exterior lighting, landscaping and s least ns. A brewery- restaurant is defined as a full service restaurant at 2,500 square feet in area which has as an additional accessory use, the brewing of beer limited to 10,000 kegs annually. At the next opportunity, this Department will amend the Zoning Ordinance to include brewery -restaurants as a principal conditional use in SD-2, subject to the conditions above. Until `such amendment, this determination shall govern the regulation of this particular use. Attachments cc: Teresita Fernandez, Chief Hearing Boards (for -distribution to Boards) Joseph W. McManus Deputy Director Planning, Building and Zoning Department Lourdes Slazyk Planner III Christina Abrams NET Administrator Coconut Grove Service Center Central File: Determination 11.351 CIT': CF %11A%!F'_ORICA INTER -OFFICE MEMORANDUM TO Juan C. Gonzalez DATE May 11, 1995 F`` Acting Zoning Administrator Planning, Building and Zoning Department Determination SUBJECT Concerning Use Not Specified: Decorative Plumbing Fixture Showrooms, Zoning Determination FROMAAs Rodriguez REFERENCES 95-009 s ntCity Manager/Director ning, Building and Zoning DepartmentENCLosURES. Pursuant to Section 904, Determinations Concerning Uses Not Specified of Zoning Ordinance 11000 and in response to your memorandum of April 25, 1995, it is hereby determined that: i The'SD-13 SW 27th Avenue Gateway District allows retail establishments such as hardware stores, stores for television, radio and other electronic appliances, and variety stores but does not mention decorative plumbing and hardware showrooms. Plumbing wholesaling and supplies are first allowed in the C-2 General Commercial District as a special exception, and in the I -Industrial District as a permitted principal use. However, decorative plumbing fixture showrooms should be allowed as a principal permitted use in the SD-13 District. In considering whether decorative plumbing fixture showrooms should be included in Zoning Ordinance 11000, the Planning, Building and Zoning Department has made the following findings: 1. The SD-13 zoning district does not include all the uses outlined in the C-1 district, rather is is based on the 0 - Office and R-3 Medium Density Residential Districts and adds specific limited retail and service uses so as to encourage pedestrian activity along the street frontage. 2. Hardware stores are already included in SD-13. 3. Decorative plumbing fixture and hardware showrooms, open to the general public, selling at retail, would be consistent with the retail and service uses already allowed in SD-13 and would encourage pedestrian activity. For these reasons it is concluded that decorative plumbing fixture showrooms, selling at retail not including sale of pipe and fittings, repair of fixtures; sale of secondhand merchandise or outside storage, should be a principal permitted use in SD-13, and will be included within the 60% street frontage requirement in Sec. 613.3.2.2. Note that miscellaneous finished hardware e.g.. faucets, shower heads, etc., are already allowed under "hardware stores" in SD-13. Exteriors of buildings in SD-13 are already all subject to a Class II Special Permit. /9 At the next opportunity, this Department will amend the Zoning Ordinance to include decorative plumbing fixture showrooms as a principal permitted use in the SD-13 districts. Until such amendment, this determination shall govern the regulation of this particular use. Attachments CC: Teresita Fernandez, Chief Hearing Boards (for distribution to Boards) SR/sa 0 Joseph W. McManus Deputy Director Planning, Building and Zoning Department Lourdes Slazyk Planner III Christina Abrams NET Administration Coconut Grove Service Center Central File: Determination 11351 CITY OF MIAMI.FLORIDA BE FROM INTER -OFFICE MEMORANDUM Juan C. Gonzalez DATE May 11, 1995 FILE Acting Zoning Administrator Planning, Building and Zoning Department Determination Concerning Use sue�ECT Not Specified: Exceptions to Section 333.03(3)F.S. Obstructions in MIA Clear REFERENCES Zone, Zon i ng Determi nat i on 95- odriguez 010 ant City Manager/Director ENCLOSURES PI nning, Building and Zoning Department Pursuant to Section 904, Determinations Concerning Uses Not Specified of Zoning Ordinance 11000 and in response to your verbal request and the verbal request of G. Miriam Maer, Chief Assistant City Attorney, Law Department; May 2, 1995, it is hereby determined that: Nowhere in Zoning Ordinance 11000 or Sections 33-330 through 345 of the Metropolitan Dade County Code is there a prohibition against the construction of an educational facility of a public or private school within the clear zone of Miami International Airport (MIA) as is contained in Section 333.03(3) Florida Statues (F.S.). Height limitations within the clear zones (runway approach paths) of MIA are governed by Section 915.2, Zoning Ordinance 11000, which refers to limitations established by the Miami International Airport Zoning, Metropolitan Dade County, Florida, and states that where there is reasonable doubt concerning aviation hazards, a Class I Special Permit shall be required. Reference to Miami International Airport Zoning in Section 915.2 refers to "Miami International Airport (Wilcox Field) Zoning Ordinance" codified as Sections 33-330 through 345 in, the Metropolitan Dade County Code. This County Ordinance controls heights under the runway approach paths of MIA and is administered by ;this Department in consultation with the appropriate agencies in Metropolitan Dade County. Therefore, exceptions to Section 333.03(3)F.S., to allow construction of an education facility in a clear zone require political subdivision (City of Miami) approval. Therefore, City of Miami approval of the exception requires a Class I Special Permit, with specific findings, after appropriate referrals to City and County agencies, requires the recommendation of the Zoning Board and approval of the City Commission, in advertised public hearings with notice to adjacent property owners. In considering whether exceptions to Section 333.03(3)F.S. should be addressed by the Zoning Ordinance of the City of Miami, the Planning, Building and Zoning Department has made the following findings: 1. Airport Zoning (Florida Statutes) The Buena Vista replacement site has been found to fall within the regulations described in Section 333.03 (3) F.S., which state: me 201 11351 "(3) In the manner provided in subsection (1). airport zoning regulations shall be adopted which restrict new incompatible uses, activities, or construction within runway clear zones which are incompatible with normal airport operations or endanger public health, safety, and welfare by resulting in congregations of people, emissions of light or smoke, or attraction of birds. Such regulations shall prohibit the construction of an educational facility of a public or private school at either end of a runway of a publicly owned, public -use airport within an area which extends 5 miles in a'direct line along the center line of the runway, and which as a width measuring one-half the length of the runway. Exceptions approving construction of an educational facility within the delimited area shall only be granted when the political subdivision administering the zoning regulations makes specific findings detailing how the l public policy reasons for allowing the construction outweigh: health and safety concerns prohibiting such a location." (emphasis and underlining added for clarity) As the City of Miami is the political subdivision administering zoning regulations, the exception can be granted administratively; the statute specifically avoids the term "variance" as is used in other closely related sections of this Chapter 333 of the Florida Statutes. 2. Class I Special Permit Section 915.2 Aviation Hazards, of Zoning Ordinance 11000, states that: "915.2. Aviation hazards. No building or other structure (regardless of exclusions set forth at section 915.1 above) shall be located in a manner or built to a height which constitutes a hazard to aviation or creates hazards to persons! or property by reason of unusual exposure to aviation hazards.; In any area within the city, in addition to height limitations established by this ordinance, limitations established by the Miami International Airport Zoning, Metropolitan Dade County, Florida, or by any ordinance amending or replacing such ordinance, shall apply to heights of buildings, structures, or natural vegetation. In addition, when the zoning administrator shall find, in relation to a particular application, that there is reasonable doubt concerning aviation hazards with regard to a proposed use or structure, a Class I Special Permit shall be required, with clearance from appropriate authorities." 3. Miami International Airport Zoning Reference to Miami International Airport Zoning in Section 915.2 refers to "Miami International Airport (Wilcox Field) Zoning Ordinance" codifiedi as Sections 33-330 through 345 in the Metropolitan Dade County Code. This County Ordinance controls heights in the clear zone. 1020 -2- 11351 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM Juan C. Gonzalez May 19, 1995 To Acting Zoning Administrator DATE "` Planning, Building and Zoning Department Determination Concerning Su3JECT Use Not Specified: Temporary Offstreet Offsite Parking for Construction Crews, Zoning FROM REFERENCES Determination 95-012 Se driguez As i nt City Manager/Di rector ENCLOSURES an ng, Building and Zoning Department Pursuant to Section 904, Determinations Concerning Uses Not Specified of Zoning Ordinance 11000 and in response to your memorandum of May 10, 199 it is hereby determined that: There are no provisions for temporary offstreet offsite parking for construction crews in residential districts in Zoning Ordinance 11000. The Zoning Ordinance and a previous Determination allows for deferral Tif of offstreet offsite parking for up to 25% the required number of spaces for nonresidential uses in nonresidential districts equally as permissive as where the principal use to be served, is located, by Special Exception. Alternatively, required parking may be temporarily relocated within 600 feet for up to one year, with one year renewal, by Class II Special Permit. However, temporary offsite offstreet parking for construction crews, limited in duration, location, and distance should be to a conditional principal use in R-3 and more permissive residential and commercial districts, by Class I Special Permit, also including other restrictions. In considering whether temporary offstreet offsite parking for construction crews should be addressed in the Zoning Ordinance of the City of Miami,; the Planning, Building and Zoning Department has made the following findings: 1. The City will be faced with an unprecedented number of high rise residential projects in the Coconut Grove/Brickell Area in the next two years; approximately a dozen projects including over 2800 residential apartment units, either condominium or rental, will be constructed. During construction, these sites typically will be completely occupied by construction, construction -related activities and storage of construction materials. 2. Zoning Ordinance 11000, Section 918, provides that offstreet offsite parking is permissible only by Special Exception, only for nonresidential uses in zoning districts equally or more permissive as where the principal use to be served is located. Additional limitations are that only 25% of the required number of spaces are permitted offsite at up to 600 feet away. ' zo 3 t1351 3. Zoning Determination 93-104, September 1, 1993, (attached) addressed the situation in which an already -built project (Dominion Towers) would lose required parking during the construction period while a parking garage was constructed. This determination provided for temporary relocation of required parking for up to one year, with one year renewal, or limited to the duration of construction up to the issuance of a Certificate of Occupancy, by Class II Special Permit. Further restrictions were that the relocated parking was to be located within 600 feet (between principal entrance of parking facility and the project property) and that parking for a commercial project could only be located in a commercial zoning district and parking for a residential project could only be located in a residential district. 4.' Therefore, it is logical to permit temporary offstreet of site parking for construction crews by Class I Special Permit, wit in a residential zoning district equally or more permissive as the zoning district which is site of the residential project under construction; parking for a commercial project shall be in a commercial zoning district equally or more permissive as the zoning district which is the site of the commercial project under construction; limited to a 600 foot radius measured from the principal entrance to the parking area to the project property, limited to four -hundred (400) parking spaces on all the intended sites and limited to'a two-year period of time; no renewals. The developer will submit an affidavit that adjacent property owners, residents and neighborhood organizations have been notified of the subject of the application, prior to issuance of the permit. For these reasons, it is concluded that temporary offstreet offsite parking for construction crews should be permitted by Class I Special Permit with the restrictions enumerated above. ' At the next Section 918, determination Attachment opportunity, to include shall govern this Department will this Determination. the regulation of the cc: Teresita L. Fernandez, Chief Hearing Boards (for distribution to Boards) Joseph W. McManus, Deputy Director Planning, Building and Zoning Department Lourdes Slazyk Planner III jw amend the Zoning Ordinance, Until such amendment, this particular use. 11351 (under the runway approaches) to MIA and is administered by this Department, consulting with the appropriate agencies in Metropolitan Dade County. For these reasons, it is concluded that an exception to Section333.03(3) F.S., approving construction of an education facility of a public or private school within the area extending five miles from the end of a runway, in a direct line along the centerline of the runway, which has a width measuring one-half the length of the runway, (generally one-half mile on either side of the centerline) requires a Class I Special Permit, making findings detailing how the public safety reasons for allowing the construction outweigh health and safety concerns prohibiting such a location, after appropriate referrals to City and County agencies, requiring the recommendation of the Zoning Board and approval of the City Commission in advertised public hearings before which property owners within 375 feet of the site are notified. At the next opportunity, this Department will amend the Zoning Ordinance to provide an exception to Section 333.03(3) F.S. through a Class I Special Permit (as described above). Until such amendment, this determination shall govern the' regulation of this particular use. CC: Bill Carreras Airport Engineer Development Division Miami International Airport P.O. Box 592075 Miami, Florida 33159 Richard L. Duley District Aviation Specialist District Six Planning and Programs State of Florida Department of Transportation 602 So. Miami Avenue Miami, F1 33130 Dr. Michael A. Levine Site Planning and Governmental Liaison Dade County Public Schools 1450 NE 2nd Avenue, Room 525 Miami, FL 33132 Joel E. Maxwell Deputy City Attorney Law Department G. Miriam Maer Chief Assistant City Attorney Law Department 11351 SR/sa 10 Luis Carrasquillo NET Administrator Wynwood/Edgewater Service Center Teresita Fernandez, Chief Hearing Boards (for distribution to Boards) Joseph W. McManus, Deputy Director Planning, Building and Zoning Department Lourdes Slazyk Planner III Central File Determination- -4- 11351 1993 AIRPORT ZONING Ch. 333 tion, or marking and lighting of existing airport hazards afe public purposes for which political subdivisions may raise and expend public funds and acquire land or prop- erty interests therein, or air rights thereover. is History•—s 2, ch. 23079, 1945; s. 2, ch. 88-356; s. 71, ch. 90-136. `,333.025 Permit required for structures exceeding fideral obstruction standards. — BrIn order to prevent the erection of structures dan- ous to air navigation, subject to the provisions of sub- sections (2), (3), and (4), each person shall secure from .d Department of Transportation a permit for the erec- ��11o'.n, alteration, or modification of any structure the result �fi which would exceed the federal obstruction stand- er`ds as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, and 77.29. However, permits from the Depart- rrtent of Transportation will be required only within an air- port hazard area where federal standards are exceeded `and if the proposed construction is within a 10-nautical- mile radius of the geographical center of a publicly -pwned or operated airport, a military airport, or an airport licensed by the state for public use. __ (2) Affected airports will be considered as having .those facilities which are shown on the airport's master an, or an airport layout plan submitted to the Federal ation Administration Airport District Office or compa- �tb)e military documents, and will be so protected. Qlaimed or proposed public -use airports which are the abject of a notice or proposal submitted to the Federal Viat1. Administration or to the Department of Trans- portation shall also be protected. Permit requirements of subsection (1) shall not ply to projects which received construction permits Nom the Federal Communications Commission for struc- 'Wres exceeding federal obstruction standards prior to May 20, 1975, provided such structures now exist; nor shall it apply to previously approved structures now existing, or any necessary replacement or repairs to :.such existing structures, so long as the height and loca- ,.:tion is unchanged. - (4) When political subdivisions have adopted ade- quate airspace protection in compliance with s. 333.03, =- and such regulations are on file with the Department of Transportation, a permit for such structure shall not be required from the Department of Transportation. t, (5) The Department of Transportation shall, within 30 days of the receipt of an application for a permit, issue or deny a permit for the erection, alteration, or modifica- tion of any structure the result of which would exceed federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29. (6) In determining whether to issue or deny a permit, the department shall consider: (a) The nature of the terrain and height of existing structures. (b) Public and private interests and investments. (c) The character of flying operations and planned developments of airports. (d) Federal airways as designated by the Federal Aviation Administration. (e) Whether the construction of the proposed struc- ture would cause an increase in the minimum descent altitude or the decision height at the affected airport. (f) Technological advances. (g) The safety of persons on the ground and in the air. (h) Land use density. (i) The safe and efficient use of navigable airspace. G) The cumulative effects on navigable airspace of all existing structures, proposed structures identified in the applicable jurisdictions' comprehensive plans, and all other known proposed structures in the area. (7) When issuing a permit under this section, the Department of Transportation shall, as a specific condi- tion of such permit, require the obstruction marking and lighting of the permitted structure as. provided in s. 333.07(3)(b). (8) The Department of Transportation shall not approve a permit for the erection of a structure unless the applicant submits both documentation showing compliance with the federal requirement for notification of proposed construction and a valid aeronautical evalu- ation, and no permit shall be approved solely on the basis that such proposed structure will not exceed fed- eral obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29, or any other federal aviation regulation. _ History.—s. 3, ch. 75-16; s. 3, ch. 88-356; s. 7, ch. 92=152. 333.03 Power. to adopt airport zoning regulations. (1)(a) .In order to prevent.the creation or establish- ment of airport hazards, every political subdivision hav- ing an airport hazard area within its territorial limits shall, by October 1, 1,977, adopt, administer, and enforce, under the police power and in the.manner and upon the conditions hereinafter prescribed, airport zoning regula- tions for such airport hazard area. (b) Where an airport is owned or controlled by a political subdivision and any airport hazard area apper- taining to such airport is located wholly or partly outside the territorial limits of said political subdivision, the politi- cal subdivision owning or controlling the airport and the political subdivision within which the airport hazard area is located, shall either: 1. By interlocal agreement, in accordance with the provisions of chapter 163, adopt, administer, and enforce airport zoning regulations applicable to the air- port hazard area in question; or 2. By ordinance or resolution duly adopted, create a joint airport zoning board, which board shall have the same power to adopt, administer, and enforce airport zoning regulations applicable to the airport hazard area in question as that vested in paragraph (a) in the political subdivision within which such area is located. Each such joint board shall have as members two representatives appointed by each political subdivision participating in its creation and in addition a chairman elected by a majority of the members so appointed. However, the air- port manager or managers of the affected political sub- divisions shall serve on the board in a nonvoti/�c 7 ity. (c) Airport zoning regulations adopted graph (a) shall, as a minimum, require: 1. A variance for the erection, alteratic cation of any structure which would cause t to exceed the federal obstruction stan ardcon i13s s l c;T� of ti1iAMl, FLORIDA REVISED INTER -OFFICE MEMORANDUM TG Juan C. Gonzalez DATE May 26, 1995 Acting Zoning Administrator -- Planning, Building and Zoning Department SUBJECT Determination Concerning Use Not Specified: Temporary Offstreet Offsite Parking for Construction Crews, Zoning FROM REFERENCESDeterml nat i on 95-012 Serg' riguez As st n City Manager/Director ENCLOSURES P4. anning, Building and Zoning Department Pursuant to Section 904, Determinations Concerning Uses Not Specified of Zoning Ordinance 11000 and in response to your memorandum of May 10, 1995, it is hereby determined that: There are no provisions for temporary offstreet offsite parking for construction crews in residential districts in Zoning Ordinance 11000. The Zoning Ordinance and a previous Determination allows for deferral of of offstreet offsite parking for up to 25% the required number of spaces for nonresidential uses in nonresidential: districts equally as permissive as where the principal use to be served is located, by Special Exception. Alternatively, required parking may be temporarily relocated within 600 feet for up to one year, with one year renewal, by Class II Special Permit. However, temporary offsite offstreet parking for construction crews, limited in duration, location, and distance should be - a conditional principal use in R-3 and more permissive residential and commercial districts, by Class I Special Permit, also including other restrictions. In considering whether temporary offstreet offsite parking for construction crews should be addressed in the Zoning Ordinance of the City of Miami, the Planning, Building and Zoning Department has made the following findings: 1. The City will be faced with an unprecedented number of high rise residential projects in the Coconut Grove/Brickell Area in the next two years; approximately a dozen projects including over 2800 residential apartment units, either condominium or rental, will be constructed. During construction, these sites typically will be completely occupied by construction, construction -related activities and storage of construction materials. 2. Zoning Ordinance 11000, Section 918, provides that offstreet offsite parking is permissible only by Special Exception, only for nonresidential uses in zoning districts equally or more permissive as where the principal use to be served is located. Additional limitations are that only 25% of the required number of spaces are permitted offsite at up to 600 feet away. -1- Z? i1351 Zoning Determination 93-104, September 1, 1993, (attached) addressed the situation in which an already -built project (Dominion Towers) would lose required parking during__ the construction period while a parking garage was constructed. This determination provided for temporary relocation of required parking for up to one year, with one year renewal, or limited to the duration of construction up to the issuance of a Certificate of Occupancy, by Class II Special Permit. Further restrictions were that the relocated parking was to be located within 600 feet (between principal entrance of parking facility and the project property) and that parking for a commercial project could only be located in a commercial zoning district and parking for a residential project could only be located in a residential district. 4.. Therefore, it is logical to permit temporary offstreet offsite parking for construction crews as a conditional principal use by Class I Special Permit, within an R-3 or more permissive residential zoning district, for a residential project under construction; parking for a commercial project shall be in- a commercial zoning district equally or more permissive as the zoning district which is the site of the commercial project under construction; limited to a 600 foot radius measured from the principal entrance to the parking area to the project property, limited to four -hundred (400) parking spaces on all the intended sites and limited to a one-year period of time; one renewal. The developer will submit an affidavit that adjacent property owners, residents and neighborhood organizations have been notified of the subject of the application, prior to issuance of the permit. For these reasons, it is concluded that temporary offstreet offsite parking for construction crews should be permitted by Class I Special Permit with the restrictions enumerated above. At the next opportunity, this Department will amend the Zoning Ordinance, Section, 918, to include this Determination. Until such amendment, this determination shall govern the regulation of the particular use. Attachment cc: Teresita L. Fernandez, Chief Hearinv Boards (for distribution to Boards) Joseph W. McManus, Deputy Director Planning, Building and Zoning Department Lourdes Slazyk Planner III Jw 30 -211,1351 - C��F'Iil GIBBS t1t_ U L%�TTr.ORNEYA7UIW GRAND BAY PLAZA V y 95 NOV 15 PH 3: 52 SUITEW2 26W SOUTH SAYSHORE DRIVE ( F. ti; ;1 �rONT?m; �Rova, Ft ORIDA 33133 C;;r._. TELEPHONE (305) $56.271 t FACSIMILE (305) 9548003 November 15, 1995 VIA FACSIMILE Lourdes Slazyk, Deputy Director Department of Community Planning and Revitalization 275 N.W. 2nd Street Miami, FL 33128 Dear Ms. Slazyk: Pursuant to our discussion this morning, this is to inform you that I will be absent from the Planning Advisory Board meeting this evening because of an unavoidable conflict with the first meeting of the Cocoanut Grove Village Council. Please let the members of the Board know of my absence and its reason (The meeting was scheduled by the previous Council of which I was not a member. Further Village Council meetings will be held on Tuesdays). In addition, I would appreciate it if you would remind the Board that I have a solid attendance record; that this Board is my priority and that this absence is the exception and not the rule. As you and the Board know, I have a particular concern with issues relating to Coconut Grove.. Tonight's Agenda includes a "clean up" amendment to the Zoning Ordinance that codifies existing interpretations of that Ordinance. I -have some . suggestions regarding some of the items that are subject to the ordinance, and wish for the opportunity to address them. As a matter of courtesy, since this item is a City application and not time sensitive, would you ask the Planning Advisory Board to defer this item until -the next meeting. If this item is so deferred, I promise that my comments at the next meetinq will be brief! Thank you for bringing this to the attention of the Board. And thanks to the Board for its consideration of my request. Sincerely, W. Tuckel Gibbs 11 81 Ch. 333 AIRPORT ZONING F.S. 1 tained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29; 2. Obstruction marking and lighting for structures as specified in s. 333.07(3); 3. Documentation showing compliance with the federal requirement for notification of proposed con- struction and a valid aeronautical evaluation submitted by each person applying for a variance; 4. Consideration of the criteria in s. 333.025(6), when determining whether to issue or deny a variance; and 5. That no variance shall be approved solely on the basis That such proposed structure will not exceed fed- eral obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, or 77.29, or any other federal aviation regulation. (d) The department shall issue copies of the federal obstruction standards as contained in 14 C.F.R. ss. 77.21, 77.23, 77.25, 77.28, and 77.29 to each political subdivision having airport hazard areas and, in coopera- tion with political *subdivisions, shall issue appropriate ajrport zoning maps depicting within each county the maximum allowable height of any structure or tree. Material distributed pursuant to this subsection shall be at no cost to authorized recipients. (2) In the manner provided in subsection (1), interim airport land use compatibility zoning regulations shall be adopted. When political subdivisions have adopted land development regulations inaccordance with the provi- sions of chapter -163 which address the use of land in the manner consistent with the provisions herein, adop- tion of airport land use compatibility regulations pursu- ant• to this subsection shall not be required. Interim air- port land use compatibility zoning regulations shall con- sider the following: (a) Whether sanitary landfills are located within the following areas: 1. Within 10,000 feet from the nearest point of any runway used or planned to be used by turbojet or turbo- prop aircraft. 2. Within 5,000 feet from the nearest point of any runway used only by piston -type aircraft. 3. Outside the perimeters defined in subpara- graphs 1. and 2., but still within the lateral limits of the civil airport imaginary surfaces defined in 14 C.F.R. part 77.25. Case -by -case review of such landfills is advised. (b) Whether any landfill is located and constructed so that it attracts or sustains hazardous bird movements from feeding, water, or roosting areas into, or across, the runways or approach and departure patterns of aircraft. Tf e political subdivision shall request from the airport aOthority or other governing body operating the airport a report on such bird feeding or roosting areas that at the time of the request are known to the airport. In pre- paring its report, the authority, or other governing body, shall consider whether the landfill will incorporate bird management techniques or other practices to minimize bird hazards to airborne aircraft. The airport authority or other governing body shall respond to the political sub- Hivision no later than 30 days after receipt of such ►e*,lest. ;c) Where an airport authority or other governing Dody operating a publicly owned, public -use airport has 958 conducted a noise study in accordance with the pr sions of 14 C.F.R. part 150, neither residential construe tion nor any educational facility as defined in chapter shall be permitted within the area contiguous to the , port defined by an outer noise contour that is consider incompatible with that type of construction by 14 C.F 7 part 150, Appendix A or an equivalent noise level. established by other types of noise studies. (d) Where an airport authority or other governin body operating a publicly owned, public -use airport hal- not conducted a noise study, neither residential c struction nor any educational facility as defined in cha . ter 235 shall be permitted within an area contiguous`t ' the airport measuring one-half the length of the longer , runway on either side of and at the end of each runwa centerline. :Io (3) In the manner provided in subsection (1), airpot`a zoning regulations shall be adopted which restrict netidl incompatible uses, activities, or construction within ru1 way clear zones, including uses, activities,. or construe tion in runway clear zones which are incompatible'wi normal airport operations or endanger public heaff safety, and welfare by resulting in congregations'of p pie, emissions of light or smoke, or attraction of bird3f.i Such regulations shall prohibit the construction of: educational facility of a public or private school at eitF� end of a runway of a publicly owned, public -use ai' within an area which .extends 5 miles in a direct:lit along the centerline of the runway, and which ba$ width measuring one-half.the length of the''iu"A" ' Exceptions approving construction of an education facility within the delineated area shall only be grait'� when the political subdivision administering the zo�l, regulations makes specific findings detailing how; I public policy reasons for allowing the construction bu weigh health and safety concerns prohibiting such location. (4) The procedures outlined in subsections (1), (2). and (3) for the adoption of such regulations are supple;, mental to any existing procedures utilized by political subdivisions in the adoption of such regulations. (5) The Department of Transportation shall provide technical assistance to any political subdivision request; ing assistance in the preparation of an airport zoning code. A copy of all local airport zoning codes, rules. and regulations, and amendments and proposed an¢ granted variances thereto, shall be filed with the depaif; ment. (6) Nothing in subsection (2) or subsection (3) shal 1. ` be construed to require the removal, alteration, souM conditioning, or other change, or to interfere with the continued use or adjacent expansion of any educational structure or site in existence on July 1, 1993, or be con strued to prohibit the construction of any new structure for which a site has been determined as provided in S. 235.19, as of July 1, 1993. History.—s. 3. ch 23079. 1945; s, a. ch. 75-16, S. 4, Ch 88-356, s 72. ch 90-13&, s 8. ch 92-152. s. 10. ch 93-164 '333.031 Airport Safety and Land Use Compatibility Study Commission.— (1) There is hereby created an independent ccmmis- sion, designated as the Airport Safety and Land Use FS. 1993 AIRPORT ZONING Ch. 333 Compatibility Study Commission. The commission shall consist of nine members: one member appointed by the President of the Senate; one member appointed by the Speaker of the House of Representatives; the secretary of the Department of Transportation or his designee; the Secretary of the Department of Community Affairs or his designee; the secretary of the 2Department of Environ- mental Regulation or his designee; one elected official of a municipality appointed by the Florida League of Cit- jes or his designee; one elected official of a county gov- ernment appointed by the Florida Association of Coun- ,Iles. or his designee; and two airport managers ppointed by the Florida Airport Managers Association. (2) The chairman of the commission shall be elected rpm among the commission members. The commission (Syassigned to the Department of Transportation for 'administrative purposes only. The department shall pro - Vide staff and technical assistance to the commission. The commission shall meet as soon as possible after joly 1, 1990, and may elect a vice chairman and such 'other officers as may be deemed necessary by the com- mission. a,_(3) Commission members shall serve without com- pensation but shall be reimbursed for all expenses nec- `essary in the performance of their duties, including ve1,-in accordance with the provisions of s. 112.061. 4)- The commission shall hold at least three regular tings and shall conduct at least three public hear - :during the year to consider the impact of land use and publicly owned, public -use airports on the ety and capacity of such airports and the health, fety"-and welfare of persons located in the vicinity of ;airports, to assess the effectiveness of local com- Ahensive plans and land use regulations prepared pur- t to the provisions of chapter 163 in preserving the fety and capacity of publicly owned, public -use air - and in preserving the health, safety, and welfare persons located in the vicinity of such airports, and to etermine the role the state should assume, if any, in ulating land use around publicly owned, public -use sports for airport preservation and public health, atety, and welfare. The commission may also hear testi- y from experts in the field of aviation and an use plertning and from officials representing the Federal overnment and other state and local agencies. �(5) No later than March 1, 1991, the commission shall it a report of its findings and recommendations to e Governor, the President of the Senate, and the peaker of the House of Representatives. The report h�all include, at a minimum, an assessment of any yUrllted States Federal Aviation Administration findings (elating to the impact of land use around publicly owned, Public -use airports on the safety and capacity of such elrpOrts, and on persons working and living around the airport, the effectiveness of adopted local comprehen- We plans and land use regulations prepared pursuant to'chapter 163 in preserving the safety and capacity of BUCh airports, recommendations to improve the local mprehensive planning process or other measures 'Scessary to ensure that land use planning around pub- PY owned, public -use airports preserves the safety and capacity of such airports and protects persons liv- !�9 and working in the vicinity of the airports, and the role the state should assume, if any, in regulating land use around publicly owned, public -use airports for air- port preservation and public health, safety, and welfare. (6) Subsequent to submission of the 1991 report to the Governor and Legislature, the commission shall assess the effectiveness of and make any appropriate modifications to the 1991 report recommendations, and provide a final report to the Governor, the President of the Senate, the Speaker of the House of Representa- tives, the Senate Minority Leader, and the House Minor- ity Leader by July 1, 1993. History: -s. 72. rh. 90-136; s. 27, ch. 90-227; ss. 10. 11. ch. 92-152. INote.—Repealed Jury i, 1993, by s. 11, ch. 92-152. 'Note. —Section 3, ch, 93-213, transferred all existing legal authorities and actions of the Department of Environmental Regulation and the Department of Natural Resources to the Department of Environmental Protection. 333.04 Comprehensive zoning regulations; most stringent to prevail where conflicts occur.— (1) INCORPORATION. —In the event that a political subdivision has adopted, or hereafter adopts, a compre- hensive zoning ordinance regulating, among other things, the height of buildings, structures, and natural objects, and uses of property, any airport zoning regula- tions applicable to the same area or portion thereof may be incorporated in and made a part of such corpprehen- sive zoning regulations, and be administered and enforced in connection therewith.. (2) CONFLICT. —In the event of conflict between any airport zoning regulations. adopted under this chap- ter and any other. regulations applicable to the same area, whether the conflict be -with respect to the height of structures or trees, the use of land, or any other mat- ter, and whether such regulations were adopted by the political subdivision which adopted the airport zoning regulations or by some other political subdivision, the more stringent limitation or requirement shall govern and prevail. History.—s. a, ch. 23079, 1945. 333.05 Procedure for adoption of zoning regula- tions.— (1) NOTICE AND HEARING. —No airport zoning reg- ulations shall be adopted, amended, or changed under this chapter except by action of the legislative body of the political subdivision in question, or the joint board provided in 's. 333.03(2) by the bodies therein provided and set forth, after a public hearing in relation thereto, at which parties in interest and citizens shall have an opportunity to be heard. Notice of the hearing shall be published at least once a week for 2 consecutive weeks in an official paper, or a paper of general circulation, in the political subdivision or subdivisions in which are located the airport areas to be zoned. (2) AIRPORT ZONING COMMISSION. —Prior to the initial zoning of any airport area under this chapter the political .subdivision or joint airport zoning board which is to adopt the regulations shall appoint a commission, to be known as the airport zoning commission, to recom- mend the boundaries of the various zones to be a lished and the regulations to be adopted thereto . ch commission shall make a preliminary report and of public hearings thereon before submitting i0pinat report, and the legislative body of the political ;,..,. , sion or the joint airport zoning board shall not hdd ibs Orly tII_10�1 CITY OF MIAMI, FLORIDA ro Juan C. Gonzalez Acting Zoning Administrator INTER -OFFICE MEMORANDUM DATE May 18, 1995 171LE Determination Concerning Use SUBJECT Not Specified: Bazaar -Forums, Zoning Determination 95-011 FROM REFERENCES .o Rodriguez sistant City Manager/Director ENCLOSUrES Planning, Building and Zoning Department Pursuant to Section 904 Determinations Concerning Uses Not Specified in! Zoning Ordinance 11000 and in response to. your memorandum of May 3, 1995, it is�hereby determined that: Bazaar -Forums are identical to flea markets. A flea market is an open area or building used for occasional or periodic sale of goods by individual sellers for limited periods of time. Flea markets are first allowed in C-2 as .a conditional principal use by Class I Special Permit subject to the requirement of Section 938.1. With: certain exceptions, used merchandise, outside sales, and exterior storage of goods, are excluded from C-1. Therefore, bazaar -forums are not permitted in the C-1 Restricted Commercial District which is the zoning of the site in question (1145 NW llth Street). In considering whether bazaar -forums are presently addressed by the Zoning Ordinance of the City of Miami, the Planning, Building and Zoning Department has made the fol-lowing findings: 1. A bazaar -forum is identical to a flea market which is defined in Articl4 25 as "an open area or building used for occasional or periodic sale of goods by individual sellers for limited periods of time." The duration of time does - not affect the use. 2. Flea markets are first permissible in the C-2 Liberal Commercial District as a conditional principal use, by Class I Special Permit, subject to the requirements of Section 938.1 (attached). 3. The site of the Municipal Justice Building at 1145 NW llth Street is zoned C-1 Restricted Commercial which, except for certain items, requires that all goods are sold at retail, all commercial sales shall be in fully enclosed buildings, no retail establishment shall deal in secondhand merchandise and that there be no exterior storage of goods. The bazaar -forum activities are not consistent with these restrictions. Page 1 of 2 3 s' For these reasons, it is concluded that because bazaar -forums are identical to flea markets which are first permissible in C-2 Zoning Districts and are not allowed in the C-1 zoning district. This determination shall govern the regulation of this particular use. If the City Manager wishes to locate a flea market at the Municipal Justice Building, 1145 NW 11th Street, then the proper approach is to amend the Zoning Ordinance a) to rezone the site to G/I Government and Institutional, and b) to allow flea markets at government facilities by Class I Special Permit. SR/rj cc: Teresita L. Fernandez, Chief Hearing Boards Office (for distribution to Boards) Planning, Building and Zoning Department Joseph W. McManus, Deputy Director Planning, Building and Zoning Department Christina Cuervo, Chief of Staff City Manager's Office Lourdes Slazyk, Planner III Planning, Building and Zoning Department Central File: Determinations <Rmay>memo/jg/95-011A 43 Page 2 of 2 11351 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor, Legal Notices of the Miami Daily Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11351 (#4053) in the ........................ X?s?CXif7�X�f....................... Court, was published in said newspaper in the issues of Apr 9, 1996 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office In Miami In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discounj rebate, comml for the purpose of securY4 this advertlsqmf publl lion in the said newsna6er. /' FAO Sworn to and subscrl me this 9 96 ........day of .... ..... ......... ....... ............ ..... A.D.19...... .......... ........ .. O PAY Ve AGNESEPENA (SEAL) !lb COMMISSION Octelma V. Ferbe kJown to 1 'FA Q4 MY COMMISSION F*IR'i-S rn 0 rn rn 0