HomeMy WebLinkAboutO-11330J-95-904
11 /7/95
ORDINANCE NO. 11330
AN ORDINANCE AMENDING THE ZONING ORDINANCE
OF THE CITY OF MIAMI, FLORIDA, BY AMENDING:
SECTION 602, SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT; SECTION 617, SD-17 SOUTH
BAYSHORE DRIVE OVERLAY DISTRICT; AND SECTION
621, SD-21 SILVER BLUFF COMMERCIAL OVERLAY
DISTRICT, BY PROVIDING FOR REVOCATION OF
REQUIRED OFF-STREET PARKING WAIVERS FOR
NON-PAYMENT OF REQUIRED FEES OR DEMOLITION
OF STRUCTURE(S) ON BENEFICIARY PROPERTY;
FURTHER, PROVIDING THAT NEW DEVELOPMENT, OR
ADDITIONS OF SQUARE FOOTAGE OF ANY KIND TO
EXISTING DEVELOPMENT, SHALL NOT BE ELIGIBLE
FOR A WAIVER OF REQUIRED OFF-STREET PARKING;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting on
September 20, 1995, Item No. 2, following an advertised hearing, adopted Resolution
No. PAB 43-95 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 the Zoning Ordinance of the City of Miami, Ordinance
No. 11000, as amended, as hereinafter set forth,
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
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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. The text of Article 6 of Ordinance No. 11000, the Zoning Ordinance
of the City of Miami, Florida, as amended, is hereby amended in the following
particulars V.
"ARTICLE 6
Sec. 602. SD-2 Coconut Grove Central Commercial District
Sec. 602.12.5 If the owner of a property applies for and is
granted the right to substitute a fee in lieu of parking as provided for in
this subsection, the initial payment, whether a one-time payment or the
first monthly payment, must be made to the Parking Improvement Trust
Fund as specified in the letter granting the waiver, in advance and as a
condition precedent to of issuance of the Parking Waiver Certificate, and
of a Certificate of Occupancy or Certificate of Use, as applicable. if the
Use at the time of passage of this eFdiRanGe, payment shall be made
�.A.fithin thirty (30) days of approval of the Fequested i in no
event lateF thaR RiRety (90) days form the date of passage of this
eFdnnaRse. Failure to make the any required payment shall cause the
parking waiver to be denied and the Certificate of Occupancy or
Certificate of Use to be revoked.
Sec.602.12.6 Evidence of issuance of a waiver of required off-
street parking shall be in the form of a recordable Certificate of Waiver,
issued in the name of the owner of the property for which the waiver is
'- 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.
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granted. The date on the Certificate shall be the effective date of the
waiver thereby granted.
The Certificate shall carry a statement allowing the waiver to be
transferred by the Planning Director to a new owner within ninety (90)
days, provided that all fees are current and other requirements have been
satisfied. A Certificate of Occupancy shall not be issued for the use of
any property for which the parking requirements have not been satisfied
as provided for in this Article.
Sec. 602.12.7 The waiver of required off-street parking shall be
applicable only to the structure and use for which it is issued. New
development, or additions, or any construction generating additional
square footage of floor space or increasing the floor -area ratio, shall not
be eligible for, or utilize the benefits of any waiver under the provisions of
this section.
Sec. 602.12.8 a waiver of required off-street parking issued under
the provisions of this Section shall be revoked (1) if any required fees
remain unpaid for more than ninety days after the date due: or, (2) if the
structure for which it was issued is subsequently demolished, whether by
governmental action or voluntarily by the owner, and any replacement
structure will not be eligible for a waiver, pursuant to the provisions of
Sec. 602.12.7. Provided, however, that if the demolition is required due
to an Act of God, Fire, or Civil disturbance, and the structure is
subsequently rebuilt, the waiver shall continue in effect, but only for the
square footage of the original structure for which it was issued, and
provided that other requirements of this Section, including payment of
required fees, are met. If the rebuilt structure contains more square
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footage than the original the excess is not eligible for a waiver pursuant
to the provisions of Sec. 602.12.7.
Sec. 617. SD-7 South Bayshore Drive Overlay District
Sec. 617.5.5 If the owner of a property applies for and is granted
the right to substitute a fee in lieu of parking as provided for in this
subsection, the initial payment, whether a one-time payment or the first
monthly payment must be made to the Parking Improvement Trust Fund
as specified in the letter granting the waiver, in advance and as a
condition precedent to of issuance of the Parking Waiver Certificate, and
of a Certificate of Occupancy or Certificate of Use, as applicable. If the
Use at the time of passage of this eFdinanGe, payment shall be made
within thirty (30) days of appFaval of the Fequested I i on no
event dater than ninety (90) days from the date of passage Gf this,
ordonanGe. Failure to make the any required payment shall cause the
parking waiver to be denied and the Certificate of Occupancy or
Certificate of Use to be revoked.
Sec. 617.5.6 Evidence of issuance of a waiver of required off-
street parking shall be in the form of a recordable Certificate of Waiver,
issued in the name of the owner of the property for which the waiver is
granted. The date on the Certificate shall be the effective date of the
waiver thereby granted. The Certificate shall carry a statement allowing
the waiver to be transferred by the Planning Director to a new owner,
provided that all fees are current and other requirements have been
satisfied. A Certificate of Occupancy shall not be issued for the use of
any property for which the parking requirements have not been satisfied
as provided by this Article.
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Sec. 617.5.7 The waiver of required off-street parking shall be
applicable only to the structure for which it is issued. New development,
or additions, or any construction generating additional square footage of
floor space or increasing the floor -area ration, shall not be eligible for, or
utilize the benefits of any waiver under the provisions of this section.
Sec. 617.5.8 A waiver of required off-street parking issued under
the provisions of this Section shall be revoked (1) if any required fees
remain unpaid for more than ninety days after the date due; (2) if the
structure for which it was issued is subsequently demolished, whether by
governmental action or voluntarily by the owner, and any replacement
structure will not be eligible for a waiver, pursuant to the provisions of
Sec. 602.12.7. Provided, however, that if the demolition is required due
to an Act of God, Fire, or Civil Disturbance, and the structure is
subsequently rebuilt, the waiver shall continue in effect, but only for the
square footage of the original structure for which is was issued, and
provided that other requirements of this Section, including payment of
required fees, are met. If the rebuilt structure contains more square
footage than the original, the excess is not eligible for a waiver, pursuant
to the provisions of Sec. 602.12.7.
Sec. 621. SD-21 Silver Bluff Commercial Overlay District
Sec. 621.4.5 If the owner of a property applies for and is granted
the right to substitute a fee in lieu of parking as provided for in this
subsection, the initial payment, whether a one-time payment or the first
monthly payment must be made to the Parking Improvement Trust Fund
as specified in the letter granting the waiver, in advance and as a
condition precedent to of issuance of the Parking Waiver Certificate, and
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of a Certificate of Occupancy or Certificate of Use, as applicable. if the
Use at the time ef passage ef this aFdinanGe, payment shall be Fnade
event lateF thaR ninety (90) days ftam the date ef passage of this
erd+nanGe. Failure to make the any required payment shall cause the
parking waiver to be denied and the Certificate of Occupancy or
Certificate of Use to be revoked.
Sec. 621.4.6 Evidence of issuance of a waiver of required off-
street parking shall be in the form of a recordable Certificate of Waiver,
issued in the name of the owner of the property for which the waiver is
granted. The Date on the Certificate shall be the effective date of the
waiver thereby granted. The Certificate shall carry a statement allowing
the waiver to be transferred by the Planning Director to a new owner,
provided that all fees are current and other requirements have been
satisfied. A Certificate of Occupancy shall not be issued for the use of
any property for which the parking requirements have not been satisfied
as provided by this Article.
Sec. 621.4.7 The waiver of required off-street parking shall be
applicable only to the structure and use for which it is issued. New
development, or additions or any construction generating additional
square footage of floor space or increasing the floor -area ratio shall not
be eligible for, or utilize the benefits of any waiver under the provisions of
this section.
Sec. 621.4.8 A waiver of required off-street parking issued under
the provisions of this Section shall be revoked (1) if any required fees
remain unpaid for more than ninety days after the date due, or, (2) if the
11330
structure for which it was issued is subsequently demolished whether by
governmental action or voluntarily by the owner, and any replacement
structure will not be eligible for a waiver, pursuant to the provisions of
Sec. 602.12.7. Provided, however, that if the demolition is required due
to an Act of God. Fire, or Civil Disturbance and the structure is
subsequently rebuilt, the waiver shall continue in effect but only for the
square footage of the original structure for which it was issued and
provided that other requirements of this Section including payment of
required fees, are met. If the rebuilt structure contains more square
footage than the original, the excess is not eligible for a waiver, pursuant
to the provisions of Sec. 602.12.7.
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
Second and Final reading and adoption thereof
PASSED ON FIRST READING BY TITLE ONLY this 16th day of
November ,1995.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 7th day of December 1995.
STEP EN P. CLARK, MAYOR
ATTEST:
WALTER MAN, CITY CLERK
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PREPARED AND APPROVED BY:
e�- �, xt,�, ,,//
E. MAXWELL
TY CITY ATTOR EY
APPROVED AS TO FORM
AND CORRECTNESS:
A. QtIVQN 46
zWS, III
CITY ATTqKNEY
MS: W072. DOC
8
1.1.330
PLANNING FACT SHEET
APPLICANT Dept. of Community Planning and Revitalization
REQUEST/LOCATION Amendment to Article 6 of Zoning Ordinance 11000
LEGAL DESCRIPTION N/A.
PZ05
PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the
City of Miami, by amending Article 6, Section 602. SD-2 Coconut Grove Central
Commercial District; Section 617. SD-17 South Bayshore Drive Overlay District; and
Section 621. SD-21 Silver Bluff Commercial Overlay District, by adding a provision
causing a waiver of required offstreet parking to be revoked for non-payment of
required fees, or when the structure on the property is demolished; and further
providing that new development, or additions to existing development, or any
building square footage added by any means, shall not be eligible for a waiver of
required offstreet parking.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND The proposed amendments (attached hereto) to the Coconut Grove and Silver Bluff
ANALYSIS Parking Trust Fund Ordinances, are the result of a series of meetings conducted by
the Coconut Grove Parking Advisory Committee in which unforseen problems which have
resulted in the implementation of these programs have been explored. The proposed
amendments specifically address, among other things, the problems of nonpayment and
building additions.
PLANNING ADVISORY BOARD Approval VOTE: 8-0
CITY COMMISSION Passed First Reading on CC 11/16/95.
APPLICATION NUMBER 94-201
11/06/95
September 20, 1995 Item # 2
Page 1
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RESOLUTION PAB - 43-95
A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ZONING ORDINANCE 11000, BY
AMENDING ARTICLE 6, SECTION 602, SD-2 COCONUT GROVE CENTRAL COMMERCIAL
DISTRICT; SECTION 617, SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT; AND
SECTION621, SD-21 SILVER BLUFF COMMERCIAL OVERLAY DISTRICT, BY ADDING A
PROVISION CAUSING A WAIVER OF REQUIRED OFFSTREET PARKING TO BE REVOKED FOR
NON-PAYMENT OF REQUIRED FEES, OR WHEN THE STRUCTURE ON THE PROPERTY IS
DEMOLISHED; AND FURTHER PROVIDING THAT THE NEW DEVELOPMENT, OR ADDITIONS
TO THE EXISTING DEVELOPMENT, OR ANY BUILDING SQUARE FOOTAGE ADDED BY ANY
MEANS, SHALL NOT BE ELIGIBLE FOR A WAIVER OF REQUIRED OFFSTREET PARKING.
HEARING DATE: September 20, 1995
VOTE: 8-0
ATTEST: ,—
JACK L. LUFT, DIRECTOR
Department of Community Planning
and Revitalization
3
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MIAMI DAILY BUSINESS REVIEW
Published Dally 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 f/k/a 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
ORD. NO. 11330
In the .......... XXXXXXX.................. Court,
was published In said newspaper In the Issues of
Dec 21, 1995
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 ye preceding the first publication of the attached
cop 1Vreisement; and afflant further says that she has
ns or
or promised any person, firm or corporation
a discbate, commission or refund for the purpose
o secuis adve�isement for publication In the said
Sworn to and subscribed before me this
21 yl December 95
...... gsy_of ......................... AQ. 19......
..........
(SEAL) _ C
Sookle Williams oirso t e. i
., �OF
OMC1AL NOTARY SFAL
CAERYL H MARMBR
COMMISSION NO. CC191642
MY COMMISSION RXP. APR 1Z,1996
4
>
Q7
!` J
AN interested persons YA1aks notice that an the 7th day of December,
1995, the City Cornlnisslon of Miami, Florida, -. adopted the following titled
ardinaocea
ORDINAN= N6:11329
AN ORDINANCE AMENDING CHAPTER 35 OF THE CODE OF THE
CIT1r " OF' MIAMI, , FLORIQk- AS AMENDED, ENTITLED; -'MOTOR
VEHICLES AND TRAFFIC,' BY AMENDING ARTICLE VIII, 'COCONUT
$ROVE PARKING, 0" DINTS TRUST FUND; AND ARTICLE IX,
'SILVER BLUFF AL PARKING IMPROVEMENT. TRUST
FUND,' TO INCREASE THE MONFMI-Y FEE FOR A WAIVED PARKING
SPACE ACCORDING TO THE CONSUMER PRK;E INDEX (CPI), ADD A
PENALTY FO* LAT4 OAVfIIMW OF WAIVER FEE, AND: CHARGE
INTEf -ST ON BALM ¢TWPAID AFTER THIRTY DAYS; MORE
PARTICULARLY BY AMENDING SECTIONS 35-194 AND 35-197.OF
SAID CODE; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO.11390
AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY
OF MIAMI. FLORIDA, BY AMENDING SECTION 602, SD-2 COCONUT
GROVE CENTRAL COMMIEFAAL ONTR1CT SECTION 6117, SD-17
SOUTH BAYSHORE DRIVE OVERLAY DISTRICT; AND SECTION 621,
SD-21 SILVER BLUFF COMMERCIAL OVERLAY DISTRICT, BY
PROVIDING FOR REVOCATION OF REQUIRED OFF-STREET
PARKING WAIVERS FOR NON-PAYMENT OF REQUIRED FEES OR
DEMOLITION OF STRLOCTURE(S) ON SENEP41ARY PROPERTY;
FURTHER, PROVIDING THAT NEW DEVELOPMENT. OR `AtDDtT10NS
OF SQUARE FOOTAGE OF ANY KIND TO EXISTING DEVftOPMENT,
SHALL NOT BE ELIGIBLE FOR A WAIVIM OF REO D OFF-'
STREET PARKING CONTAINING A REPEALER PROVI AND A
sEVERABILJTY. CLAUSE; AND PROVIDING FOR AN EFFIEMM DATE.
Said ordinances may be inspected by the pubic at On OHfce of the City
Clerk, 3500 Deli, ArrladCetn Drive, Miartn, Fk1rR1a, Mo►iday through Friday,
excluding holidays, between the hours of 8 a.m. and 5 p,m.
WALM J. FOOAAM
CITY CLERK
(#4008) -
12121 1A ' A 95-4-122154M