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Home My WebLink AboutO-11374J-96-121 2/16/96 ORDINANCE NO. 1 1 177 A AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 917.9, "JOINT PARKING FACILITIES FOR CONTIGUOUS USES, SPECIAL EXCEPTION REQUIRED," SECTION 922.8, "JOINT LOADING FACILITIES FOR CONTIGUOUS USES, CLASS II SPECIAL PERMIT REQUIRED," AND SECTION 924.1.3, "LIMITATIONS ON LOCATION AND EXTENSION OF DOCKS AND PIERS IN RESIDENTIAL DISTRICTS," INCLUSIVELY, TO REQUIRE THAT RECORDABLE AGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY BE PROFFERED BY APPLICANTS FOR SHARED FACILITIES AS A PERMITTING CONDITION; FURTHER, AMENDING SECTION 922.8 TO PROVIDE FOR FINDINGS; PROVIDING DEFINITIONS FOR "COMBINED FACILITIES," "JOINT FACILITIES," AND "SHARED FACILITIES` CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of January 17, 1996, Item No. 4, following an advertised hearing adopted Resolution No. PAB 64-95 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of amending Zoning 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; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 11374 Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. 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: I / "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec.917.9. Joint parking facilities for contiguous uses, Special Exception required. Any such permit shall require, among other conditions and safeguards, that if there are changes in use which increase total parking requirements, such added spaces shall be provided subject to approval under a new Special Exception permit. Additionally, where ioint parking facilities are to be permitted, no such permit shall become effective and no use dependent upon such parking shall begin or continue unless and until an agreement approved in a form acceptable to the City Attorney's Office shall have been filed with the Zoning Administrator and recorded with the Clerk of the Circuit Court of Dade County Florida. The agreement shall state that any required parking or accesswav so permitted shall only be used as intended in said agreement until other arrangements for access or parking are made which prove satisfactory to all involved parties. Where such agreements are entered into by private parties, and the parking area or accesswav to be shared is intended to service residential property, the above shall apply and in addition any conditions, restrictions limitations or other provisions agreed upon by the parties to 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 2 11374 the agreement shall be clearly specified and stipulated to by all parties involved. Sec. 922.8. Joint loading facilities for contiguous uses, Class II Special Permit required. Where uses on adjoining lots propose to combine offstreet loading facilities for trucks and trailers, including accessways, such joint offstreet loading facilities shall require a Class II Special Permit. Except where the number of offstreet loading spaces has been reduced, or improvement requirements deferred under the terms of sections 922.5 or 922.6, the total number of offstreet spaces provided and improved as required by these regulations shall not be less than the sum of those required by the individual uses. Such permits shall be issued only upon findings that: a) The lots proposed in the combination form a logical pattern in relation to the joint loading facility and the uses proposed to be served, and are located in nonresidential districts. b) Design and improvement of the combined loading facilities, if involving divided ownership or control, would meet the standards and requirements applying if under unified ownership or control. c) Loading space provided is so located within the complex as to be conveniently accessible to all of the uses it is intended to serve. Additionally. where ioint loadina facilities are to be permitted. no such permit shall become effective, and no use dependent upon such loading shall begin or continue, unless and until an agreement approved in form by the City Attorney's Office shall have been filed with the Zoning Administrator and recorded with the Clerk of the Circuit Court of Dade County, Florida. The agreement shall state that any required loading space or facility so permitted shall be used as intended in said agreement 11374 until other arrangements for loading are made which prove satisfactory to all involved parties. Sec. 924. Piers, docks, wharves, dockage, boathouses, and boat slips. 924.1.3. Limitations on location and extension of docks and piers in residential districts; limitation on location and character of vessels docked or moored.... As an exception to the limitations above, upon application by owners of adjoining properties, docks and piers extending across not to exceed (1) lot line may be authorized by Special Exception permit. Where such authorization exists, limitations on docking and mooring of craft shall be construed as applying to a combined parcel. Where shared docks or piers are to be permitted, no such permit shall become effective, unless and until an agreement approved in form by the City Attorney's Office shall have been filed with the Zoning Administrator and recorded with the Clerk of the Circuit Court of Dade County, Florida. The agreement shall state that any dock or pier so permitted shall only be used as intended in said agreement until other arrangements for docking or mooring are made, which prove satisfactory to all involved parties. In addition, any conditions, restrictions, limitations or other provisions agreed upon by the parties to the agreement shall be clearly specified and stipulated to by all parties involved. ARTICLE 25. DEFINITIONS Sec. 2502. Specific Definitions. Combined facilities. All those facilities which are designed, constructed and/or function in an integrated manner, including those facilities built 4 11374 across a property line, and where loss of use or obstruction of a part thereof will disrupt or impede its intended and/or required use. Joint facilities. See combined facilities. Shared facilities. See combined facilities. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby 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. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 25thday of April . 1996. PASSED AND ADOPTED ON SECOND AND -FINAL READING BY TITLE ONLY this 27th day of June , 1996. O GORT, VICE -MAYOR ATTEST: ✓ WALTEFr'PrdEMAN CITY CLERK 5 113ry '74 PREPARED AND APPROVED BY 4EP � �A,L E. MAX ELL UTY CITY ATTORNEY MS:W108.DOC APPROVED AS TO FORM AND CORRECTNESS: A. QUINN JONES, CITY ATTORNEY 11374 PLANNING FACT SHEET PZn17 APPLICANT Department of CommunityPlanning and R 9 evitalizat7vn. SECOND READING REQUEST/LOCATION Consideration of amending Zoning Ordinance 11000, as amended, by amending Article 9, Sections 917, 922 and 924 and Article 25, Section 2502. LEGAL DESCRIPTION N/A. PETITION Consideration of amending Zoning Ordinance 11000, as amended, by amending Article 9, Section 917.9 "Joint Parking Facilities for Contiguous Uses"; Section 922.8 "Joint Loading Facilities for Contiguous Uses" and Section 924.1.3 "Limitations on Location and Extension of Docks..." to require that recordable agreements in a form acceptable to the City Attorney be proffered by applicants for -shared facilities as a permitting condition and by amending Article 25, Section 2502 to provide definitions for "Combined Facilities", "Joint Facilities" and "Shared Facilities". PLANNING Approval. RECOMMENDATION BACKGROUND AND This proposed amendment to the Zoning Ordinance seeks to implement as a permitting ANALYSIS condition for applicants for shared facilities that an agreement be proffered by all jointly which specifies the conditions, restrictions and/or limitations under which use of the facilities applied for will take place. It also seeks to prevent 4 the undue preclusion of any participant in the agreement from their rightful use of the facility. PLANNING ADVISORY BOARD Approval. VOTE: 9-0. CITY COMMISSION Passed First Reading on CC 4/25/96. APPLICATION NUMBER 94-230 JANUARY 17, 1996 02/14/96 Page 1 11374 RESOLUTION PAB — 04-96 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING THE TEXT OF ZONING ORDINANCE 11000, AS AMENDED, BY AMENDING ARTICLE 9, SECTIONS 917.9, 922.8 AND 924.1.3 TO REQUIRE THAT RECORDABLE.AGREEMENTS IN A FORM ACCEPTABLE TO THE CITY ATTORNEY BE PROFFERED BY APPLICANTS FOR SHARED FACILITIES AS A PERMITTING CONDITION AND BY AMENDING ARTICLE 25, SECTION 2502 TO PROVIDE DEFINITIONS FOR COMBINED FACILITIES, JOINT FACILITIES AND SHARED FACILITIES. HEARING DATE: JANUARY 17, 1996 VOTE: 9-0. _c c y ATTEST: JACK LUFT, DIRECTOR COMMUNITY PLANNING 9 REVITALIZATION DEPARTMENT 3 11374 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 Sookle Williams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Daily Business Review flk/a Mlaml 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 RE: ORDINANCE NO. 11374 In the ........... ..................... Court, was published In said newspaper In the Issues of Jul 101 1996 Afflant 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 mall matter at the post office In Miami in said Dade County, Florida, for a period of one a%,r next preceding the first publication of the attached c o dvertlsemenn and affiant further says that she has ither id nor promised any person, firm or corporation y die unt, rebate, commission or refund for the purpose 1ecynng this advertisement for publication In the said 10 Sworn Jul and subscribed before me this 6 ...... day of ......................... A.D. 19...... / OFFICIAL NOTARY SEAL SEAL Sookle WIIIis T¢Y PU6 Ct1ERY1 H MA11MER ��sorlplli(Clwn iP.j 1csi N11r78cR CC545384 1� Q µY t;0Mt:t`aMN EXCiFES Cq APA. 12,2000 or• f�- CIYY of M1AM * FLORI" AM krtemailed'permit w• We notice 00 on 1271h.day of June, t9K the City Coinnift%rr of Mlaid, Floe t 'adopMdthe follewiag g- tled,ordi antes: _ nerer.i�Ma 11D 11373" AN EMERGEN OF OOFFIPE FLORIDA, AS AW BERS OF CITY BQ ONE (12) YEAR. -Of SIGNER LEAVES ( MORE PARTICULill 45.3-2, 52.". 644 84. OF SAID .0001 SIGN AND -A SEW FOR AN EFFECTIV RELATING TO THE TEAMS IEne, OF CITY _ 80ARD' S, =Tl4tcXt'Y 0FMMilf, 11tiAT ALL A& L.81101100 POR'A TERM :OF I Y BY AMI&KIN11k SgCTMM 9 IF+ 112, 0*47, 02-71,, 0-78 AND 09- CBNTAINNG .A REIREALER PROM- RABIL tY CLAUSE AND'PFIOVIDING DATE. AN ORDINANCE. AMENDING ORDINANCE BY AMEN :SEC'irON 917.9, 'JOINT PAAIUNG "FACIU- TIES FOR CONTIGUOUS USES. 814CtAL EXCEPTION REQUIRED*' SECTION IMA. JOINT LOADING .IFAC1U- TIES FOR CONTIGUOUI S USES, "CLASS 8 SPE61AL 10111111MIT REQUIFI ;'" fiTYD 380110I t , 4.13, *LnlllftA- TIO► S ON-LWAT MTAN�! 'OF fix= A<�t BY APPLICANTS FOR SHAREb FA :4y& A PITTING CONOITION; FURTHER, AMENDING SECMP[_4 �. 922.8 TO PROVIDIE FOR FINDINGS; PROVIDING NMONS FOFI "'CRIED FACILITIES.' JOINT EACIL- IVIES: AND'SHDFACILITIES'; CONTAININGA REPE ALER PROVISION -AND, A, SEVERANUTY1 CLAUSE, AND PA WI11Bl ¢iFG1FiM E fi(iTIVE DATE: nor ORDNANCE NO. 11975` AN ORDINANCE AMENDING THE.ZCMNG ORDIIANM- BY AMENDING SECTION 815, S6-15 IRIPEIT Q o,d A r '' MIXED -USE CWfK,T, To MOOIFY',' REGULA"ONS; CONTAINING-A,g * ANHD A CL/1USE; iOlifDiNG FOR AN ` EFPECTIVE DATE. OI,IVINIAKE NO. "M AN ORDNANCE AMENDIW THE`2d1NN�i ORS: BV MEMO* SEG"f1On1. 928 TO 44.0W SEAS AND i3dLEW:Ai A MEASIS.`OF BUILDING ' T1ON; PROVIDING LIMITATIONS ON SUCH SK,aNSW�AlNt�i6 A PROVISION AND A SEVEFIABILI ' I:LAIISE; AND,PAOVIDIN& FOFtAN EFFECTIVE DATE. ORGNIAI* NO.113" AN EMEFCY-ORDNVANCE ESTAWAHIING A, SPECwL REVENUE FUND ENTITLED: 'ANTI -GANG, WfIATf\ F AND APPROPRIATING FUNDS FOR THE OPERATION OF SAME, IN THE AMOUNT OF $500:OOD.00 RECEIVED BY THE CITY -AS 'A GRANT FROM THE UNITED4.,$TATES DEPAMUENT OF JUSTI ; AUTHORUM THE OFIY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE TTIE I #8ftSAkY'1ENTS, IN A FORM ACCEPT. ABLE TO 111E CFNY A1�ToRNEY, TO NMPUMAW- A TANCE CIF_ TANNING A FEPEAir$IR" PFtOVISIbNCLAAE: ORDNANCE NO.11378 AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED: "PROGRAMS FOR THE DEVELOPMENTALLY DISABLE - 1996-97' AND AP- PROPRIATING FUNDS AT AN ESTIMATED AMOUNT .OF $408,407 TO SAID, FUND CONSISTING -OF AN ESTIMATED $274,140 GRANT FROM THE STATE, OF FLORIDA DEPARTMENT OF .:HEALTH AND, REHABILITATIVE SEI'lVICK AWESTIMIATED $34,267. AS. A CONTRIBUTION