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Home My WebLink AboutO-11209J-94-608 11/17/94 ORDINANCE NO. �- AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING: ARTICLE 4, SECTION 4011 "SCHEDULE OF DISTRICT REGULATIONS", TO ALLOW AS A CONDITIONAL PRINCIPAL USE IN "PR" (PARKS, RECREATION AND OPEN SPACE ZONE DISTRICT), CITY OF MIAMI, INCLUDING AUTHORITIES AND AGENCIES THEREOF, ADMINISTRATIVE OFFICES AND/OR CONFERENCE FACILITIES IN EXCESS OF 3,000 SQUARE FEET BY MAJOR USE SPECIAL PERMIT, AND LESS THAN 3,000 SQUARE FEET BY SPECIAL EXCEPTION REQUIRING CITY COMMISSION APPROVAL; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami. Planning Advisory Board, at its meeting of June 15, 1994, item No. 2, following an advertised hearing, duly adopted Resolution No. PAB 30-94, by a tie vote of four to four (4-4), thus constituting a denial of amending Ordinance No. 11000 as hereinafter set forth; and WHEREAS, notwithstanding the Planning Advisory Board's recommendation; i 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; r NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MUM, 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:'/ 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. Ellipsis and asterisks indicate omitted and unchanged material. i 11209 ARTICLE 4• ZONING DISTRICTS PR Parks, Recreation and Open Space. Intent and Scale: The parks, recreation and open space district only allows for public and private parks, recreational facilities, educational and cultural facilities, marine and marina facilities, entertainment facilities, social and health related service facilities, public safety and City of Miami administrative facilities, including authorities and agencies thereof, parkways and scenic corridors. Intensi ty: To the scale of the population served by the facilities. Permitted Principal Uses: Public or private parks, open space and recreational facilities including existing marinas. Permitted Accessory Uses: Uses. and structures which are customarily incidental and subordinate to permitted principal uses and structures, including specifically: 1. Living quarters for passengers and crews aboard commercial, official or scientific vessels and living' quarters for watchmen, caretakers or employees whose work requires such quarters on the premises. 2. In existing recreational marinas, such facilities as boat docks, slips, piers, wharves, anchorages; and moorages for commercial, official and scientific vessels "and private craft as living quarters is (are] also allowed. Conditional Principal Uses: 1. Major structures such as performing arts centers, museums, art galleries, and exhibition space which change the character of an existing park, City of Miami administrative offices (including authorities and agencies thereof) and/or conference facilities in excess of 3,000 square feet in net floor area or in excess of ten (101 percent of the net area of the park, and other activities which further municipal purposes as determined by the city commission, all after making findings that the intent of the district is adhered to, by Major Use Special Permit only. i 2. Supporting social and entertainment' services (such as restaurants, cafes, and retailing) .public health (clinics and daycare centers) and i IW public safety (police facilities), marine and marina facilities and other entertainment facilities may also be allowed, provided that such activities and facilities are an integral part of the park's design or of the recreational function, all by Special Exception with city commission approval only. 3. City of Miami administrative offices, including authorities and agencies thereof, and conference activities not exceeding 3,000 square feet in net floor area or ten (10) percent of the net area of the park, whichever is less, by Special Exception with city commission approval only. Conditional Accessory Uses: Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures, including: 1. Fishing piers shall be permitted only by Class I Special Permit. 2. Repair or servicing of boats, marine motors or marine accessories or equipment other than when boats remain in the water shall be permitted only by Class II Special Permit. Major repair work on the hull shall not be permitted in this district. 3. Sea plane base; dirigible base and helistops by Special Exception with city commission approval only, and subject to limitations in section 933. 4. Retail sales of boating, fishing, diving and swimming supplies and equipment, retail specialty shops by Special Exception only. 5. Marinas, boat docks, slips, piers, wharves, anchorages and moorages for private pleasure craft by Special Exception only; provisions for occupancy of commercial, official [,] scientific and private pleasure craft as living quarters may be specified in the grant of special exception. 6. Boat rentals and charters by Special Exception only. 7. Aluminum recycling machine, by Class I Special Permit and subject to the requirements and limitations of section 940. Offstreet Parking Requirements: One (1) space per employee plus one (1) space per five hundred (500) square feet of gross floor area of building space. Sign Regulations: Only name of facility and directional signs by Class I Special Permit. 11209 3 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 after final reading and adoption thereof pursuant to Section 163.3189, Florida Statutes (1993). PASSED ON FIRST READING BY TITLE ONLY this 17th day of November , 1994. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 1st day of December 1994. STEPHEN P. CLARIJ,, MAYOR ATTE • HIRAI CITY CLERK PREPARED AND APPROVED BY: �a (• 40�1 t"/ .ell fPUROVED E. MAXWEiZ TY CITY ATIORXT AS TO FORM AND r'n1=Vr«r1Mec M2038/JEM/mis 4 a PLANNING PACT SHEET APPLICANT City of Miami Planning, Building and Zoning Department APPLICATION DATE PZw16 REQUEST/LOCATION Consideration of amending Article 4 of Zoning Ordinance 11000, to allow City of Miami administrative offices and conference activities in the PR District by Special Permit. 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 as a conditional principal use in "PR", City of Miami administrative offices and conference activities in excess of 3,000 square feet by Major Use Special Permit and less than 3,000 square feet by Special Exception with City Commission approval only. PLANNING Approval. RECOMMENDATION BACKGROUND AND On December 6, 1993 (see attached), based on a request for an interpretation of the ANALYSIS Miami Comprehensive Neighborhood Plan, the Director of the Planning, Building and Zoning Department determined that allowing the inclusion of offices which perform a governmental function, in the Recreation land use category would not have an adverse effect on the land so designated if it was supportive and integral to the specific site. Based on this, the requested amendment to the text of Zoning Ordinance 11000, which accompanies a similar amendment to the text of the Comprehensive Plan, will permit City of Miami administrative offices and conference activities in the "PR" districts by Major Use Special Permit if in excess of 3,000 square feet, and by Special Exception with City Commission approval, if below 3,000 square feet (as specified in the proposed legislation). PLANNING ADVISORY BOARD Motion to approve failed VOTE: Three (3) to four (4) constituting a denial. CITY COMMISSION Cont'd. on CC7/26/94 to CC9/22/94. Rescheduled to CC10/27/94. Rescheduled to CC11/17/94. Passed on First Reading, on CC 11/17/94. APPLICATION NUMBER 94-130 June 15, 1994 11/04/94 Page 1 1.1.2go1-9 0 RESOLUTION PAB A RESOLUTION RECOMMENDING DENIAL (BY VIRTUE OF A MOTION TO APPROVE FAILING) FOR A PROPOSED AMENDMENT TO ARTICLE 4 OF ZONING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, TO ALLOW AS A CONDITIONAL PRINCIPAL USE IN "PR", CITY OF MIAMI ADMINISTRATIVE OFFICES AND CONFERENCE ACTIVITIES IN EXCESS OF 3,000 SQUARE FEET BY MAJOR USE SPECIAL PERMIT, AND LESS THAN 3,000 SQUARE FEET BY SPECIAL EXCEPTION WITH CITY COMMISSION APPROVAL ONLY AND SUBJECT TO OTHER CONDITIONS. HEARING DATE: June 15, 1994 VOTE: 3-4 ATTEST. I , DIRECTOR P ANNING, BUILDING AND ZONING 3 11209 o-,C,i' +' l CITY OF .MIAMI, FLORIDA INTER-OFFICE:`MEMORANDUM TO: Files GATE.: ,December 6, 1993 FU.E : . sueJECT : Interpretation of MCNP: DDA Offices in Laser Light Tower.,. " Bayfront Park FROM : S Rodriguez REFERENCES s rant City Manager and Director of Pl alnni ng, Building and Zoning DepartmentENcLosuREs REQUEST FOR INTERPRETATION OF THE FUTURE LAND USE PLAN MAP: MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989-2000. A request has been made for an interpretation of whether the proposal by the Downtown Development Authority to remodel space and occupy offices,in the base of the Laser Light Tower in Bayfront Park in Downtown Miami is consistent with the Future Land Use Plan Map of the Miami Comprehensive Neighborhood Plan (MCNP) 1989-2000. INTERPRETATION The Downtown Development Authority (DDA) is a government agency, with statutory and appointed members, having a special taxing district covering all of the downtown area; their budget must be approved by the Miami City Commission, The purpose of the DDA is to promote and market Downtown Miami, to plan and construct public improvements in Downtown; it can also borrow money, issue revenue bonds and condemn land. On the Future Land Use Plan Map, Bayfront Park is designated "Recreation", which is defined as: "Recreation: This land use designation only allows public parks and recreation uses. Within parks, such recreation uses permit educational and cultural facilities such as museums, art galleries and exhibition space, and marine and marina facilities. Supporting social and entertainment services (restaurants, cafes, retailing), public health (clinics and day care centers) and public safety (police facilities) and entertainment facilities may also be permissible provided that such activities and facilities are an integral part of the parks design or of the recreational function." It is important to retain as much open space and recreation areas as practically possible in parks; overbuilding of structures in parks can detract from the use and enjoyment of open space. 11209 5 The DDA is a governmental marketing and promotion agency; it, has no educational, cultural, marine and marina= facilities, supporting social and entertainment services, public health or public safety functions. It cannot be argued that the proposed DDA offices are ancillary and supporting services. Its. proposed offices and supporting facilities in Bayfront Park will not be related to the administration and management of Bayfront Park so it does not have a recreation function. Conversely, the Bayfront Park Management Trust offices in the Amphitheater at Bayfront Park are directly related to the administration and management of the Park, perform -a recreation and entertainment function, and are an integral part of the park design. It is here concluded that the proposed DDA offices in the Laser Light Tower in Bayfront Park are inconsistent with the Future Land Use Plan Map of the Miami Comprehensive Neighborhood Plan 1989-2000. W-fur ilM11,1l Following City Commission directions, this Department will initiate an amendment to the definition of Recreation in the MCNP, to specify that offices, performing a governmental function, are permissible in the Recreation land use category, provided they are supporting and integral to the land so designated. cc: Cesar H. Odio, City Manager Commissioner J. L. Plummer, Chairman, DDA A. Quinn Jones, III, City Attorney Mathew Schwartz, Executive Director, DDA Joseph W. McManus, Deputy Director, PBZ Jeff Bercow Lynn Lewis 191 11209 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 Octalms V. Forboyro, who on oath says that she Is the Supervisor, Legal Notices of the Miami Deily Business Review We Miami Review, a dolly (except Saturday, Bundsy and Legal Holidays) newspaper, published at Miami In Dads County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11209 In the......................XK.X X.,...,................................. Court, was published In sold newspaper In the Issues of Dec 14, 1994 Aftlent further says that the said Miami Deily Business Review Is a newspaper published at Miami In sold Dads County, Florida, and that the sold newspaper has heretofore been continuously published In sold Dade County, Florids, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second close mall matter at the post office In Miami In said Dads County, Florida, for a period of one year next preceding the first publication of the attached copy of.advertisement; and afflant further says that she has neither paid nor promised any person, firm or corporation any discount abate, commission o for the purpose of securin this advortisemen ublic tion In the sold newspa r. Sworn to and subscribed before,me this 14 �r \9 4 .., ........day...........................................�1,�..-......, A.D. 18...... \ (SEAL) NOTARY PUDL(C 5P.A i F OF FI OR1vA CONIM1 51O 7 NO. CC 172108 Octelma V. 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