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HomeMy WebLinkAboutM-94-0601J- 04 6/30 4 { ORDINANCE AID. 94- if AN gADINAUX ABM ORDRAMM ND. 11000, AS Ate, ZQNIRC ORD OF TM CITY OF , IKfAMI, BY ING: ARTICLE 4, SECTION 401, "SCHEDULE OF D CT FOMEMCNSTO AUCW " V, SERVICE AND C aAW (NUr FM -Pi rr) " IN THE R-1, R--2, R--3 MV R-4 DlSDUCTS AS A G 3I•rICA*sI, PRIWIPAL tM BY RCN t Y, AND MXWRIM M7I3Ii+RCIM PARKM THERWOR; C10NBU2UW- A REPEALER Y%VVISI AND A SEVffidABU= CAE; .AM PROVIDUC Fit AN DATE WHEREAS', the Miami P1 inch Advisory Board, at its meeting of June 1.9, 1994, following an advertised acing adopted Resolution No. PAB 34r-94 by a vote of six (6) to one (1), INO DENIAL of amending Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the City Ccuraission afte . 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 O o No. 11000 as hereinafter set forth: NOW THEREFORE, BE IT ORDAINED BY THE CONNI ION OF THE CITY Or- MIAMI, FLORIDA: Section 1. Ordinance No. 11000, as amended . the Zoning Ordinance of the City of Miami, Florida, is hereby mwnded by amend g the text of said Ordinance as follows../ / Words auu1/or figures stricken through shall be deleted. nderscored words and/or figures shall be added. The mining provisia are now in effect and min unchanged. Ellipsis and asterisks indicat cmitted and unchanged material. i � a ARTICLE 4 ZONING DISTRICTS j; ! R-1 single Family Residential. Conditional Prb;cipal U,-ves: 1. Adult daycare centers shall be permitted by Class I Special Permit if for five (5) or more adults subject to the requirements and limitations of section 935 "Adult daycare centers." 2. ChIld daycare cents ra ehall be permitted by Class I Special Permit for up to nine (9) children, and by Class Is Special Permit for ten (10) to twenty (20) children, subject to the requirements and limitations of section 936 "Child daycare centers." 3. Places of worship, primary and secondary echoola by Special Exceptioi, Permit. 4. Facilities privately _owned and used _for garden, service, and civic clubs not for profit b S ecial Exce tion, exc:ludinq private Clubs, lodges and supper or night clubs, and also prohibiting the sale of alcoholic bever4rLga. Such facilities _shall: (1) be limited to two (2) meetings per month,._±22tL__Lj1 ours per meeting, to benheld _between the hours of 9:00 a.m, and 11-00 (2)_ be limited to two "special events" (i.e., fund_raisers, etc_. per year; and (3) provido a minimum of one .� offetrec?t parking Apace for ®very fifty (,0) square fGet�of aeeembly area(s). -- - Offstreet Parhing Requirements: Facilitiee privatel_owned and used for garden, service, civic clubs not far —rrofit ) One (1) parking space for every fifth 5� 0) s uare feet of assembly area ef. R-2 Two Family Residential. Offstreet Parhing Requirements: 2 Facilitiesgr_ivately owpod and used for _garden, a_ervics, civic clubs not i for pro€it)_: Same as for R_1 Single Family Residential. i i R•-3 Multifamily Medium -Density Residential. Offstreet Parking Requirements: Fa_cilir.ies privatelowned and need for garden, service, civic clubs (not for rofit-L. Same as for R-1 Single FamilvResidential_ * * w R-4 Multifamily High -Density Residential. w Of'fstreet Parhing Requirements Facilitiee privately owned and used for garden, service, civic clubs (not foa Prafi.t) : Same as for R-1 Single FamijV Rtuidenta.al. Section 2. A3.1 oxdisiances or pares of ordinances insofar as they axe 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 becc m effective th,i.x-ty (30) days after final reading and adoption thereof. PASSED CV FIRST READING BY TITLE ONLY this day of 1994. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of 1994. AVEST: NATPY HIRA.I CITY CLERK PREPARED AND APPFUM BY: iD E . MAXWELL E. CITY APPROVED AS TO FU , AND CORRECTNESS: STEPHEN P . CLERK, .MAYOR 2 PLANNING FACT SHEET PZw 1 APPLICANT City of Miami Planning, Building and Zoning Department APPLICATION DATE REQUEST/LOCATION Consideration of amending Article 4 to allow garden, -service and civic clubs (not for profit) in residential districts by special exception only and subject to certain conditions. LEGAL DESCRIPTION N/A PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 4, Section 401 "Schedule of district regulations" to allow "Garden, Service and Civic Clubs (not for ,profit)" in R-1, R-2, R-3 and R-4 districts as a conditional principal use by special exception only, subject to certain conditions. PLANNING Approval. RECOMMENDATION BACKGROUND AND On September 20, 1993, a determination of use not specified was issued by the ANALYSIS Director of Planning, Building and Zoning for non-profit civic organizations in R-: districts (see attached). Pursuant to the attached determination, the administration believes that said use fits the description of a "support service" anticipated in the intent of the R-1 district and is therefore compatible with the R-1 through R-4 zoning districts. It is further recommended, however, that a special exception permit be required for such uses and that additional conditions concerning the operation of such uses, as described in the attached proposed legislation, be mandatory in order to protect the residential integrity of the R-1 through R-4 districts. PLANNING ADVISORY BOARD Denial CITY COMMISSION APPLICATION NUMBER 94-131 07/14/94 VOTE: Six (6) to one (1) 94- 601 June 15, 1994 Page 1 RESOLUTION PAB - 34-94 A RESOLUTION RECOMMENDING DENIAL OF CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW "GARDEN, SERVICE AND CIVIC CLUBS (NOT FOR PROFIT)" IN R-1, R-2, R-3, AND R-4 DISTRICTS AS A CONDITIONAL PRINCIPAL USE BY SPECIAL EXCEPTION AND cimirrr rn rrornrN rnNnTTMNC_ CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO Juan Gonzalez DATE : September 20, 1993 FILE Acting Zoning Administrator Planning, Building and Zoning DepartmentSua,ECT:Request for a Determination Concernir Uses Not Specified: Non-profit Civic Organization in R-1 FROM : REFERENCES: Zoning Determination 9,Y-105 Se k iguez, Director a ing, Building and Zoning Department ENCLOSURES: Pursuant to section 904, Determinations Concerning Uses Not Specified, of Zoning Ordinance 11000, and in response to the attached request -dated August 30, 1993 it is hereby determined that: In Zoning Ordinance 11000 private non-profit clubs or lodges are first allowed in R-4 High Density Residential by Special Exception as accessory to convenience establishments; "'garden, service, civic or private clubs or lodges (not -for -profit)" are first permitted as principal uses in 0 Office by Special Exception. However, classifying "garden, service and civic clubs" together with "private clubs" might not be reasonable. It would appear that these non-profit civic organizations would fit the description of a "support service" anticipated in the intent of the R-1 district and would appear to be compatible with the other conditional uses permissible in R-1 (daycare centers, churches and schools.) Zoning Ordinance 9500, specified that "facilities privately owned and used for garden, service, civic or private clubs (not -for -profit)" were allowed in single family districts (RS-1 and RS-2) by Special Exception. As private clubs (for profit or not -for -profit) can obtain an alcoholic beverage license after two years of operation (s. 565.02(4), Fl. Stat.) there could be an incentive to locate these clubs in residential districts. While it is clear that private L'Iubs or lodges for -profit or not -for -profit should be closely regulated, restricted and controlled, there is no compelling argument against allowing garden, service and civic clubs in single family districts if any possible impacts on the neighborhood due to potential parking, noise and hours of operation are minimized. The categories of "garden, service and civic club, not -for -profit", should be allowed in R-1 and R-2 as a Special Exception to allow for input at public hearings. Conditions should be included to address: a) frequency, duration and time -of -day of membership meetings (e.g., maximum number of meetings per month, hours per meeting, time of meetings, and limited meetings on weekends); b) number of "special events" and "fundraisers" (e.g., per year on weekends); and c) parking (e.g., minimum number of parking spaces depending on membership.) 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, Hearing Boards Division (for distribution to boards) Catherine J. Carlson, Planning Division Central File: Determinations SR/JWM/CJC Attachment 5 94- 601