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HomeMy WebLinkAboutO-11039J-92-415 5/3; 92) ORDINANCE N0. 11039 AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 908.10 "LIMITATIONS ON DRIVEWAYS AND OFFSTREET PARKING, AND LANDSCAPING REQUIREMENTS, IN REQUIRED YARDS ADJACENT TO STREETS" PROVIDING MINIMUM LANDSCAPING REQUIREMENTS IN SINGLE- FAMILY, TWO-FAMILY AND MULTI -FAMILY RESIDENTIAL DISTRICTS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of May 13, 1992, Item No. 2, following an advertised hearing, pursuant to Resolution PAB 20•-92, defeated a motion by a vote of 7 to 2, that recommended app.r.7j✓al of an amendment to Ordinance No. 11000 as hereinafter set forth, thereby constituting DENIAL of said amendment; and WHEREAS, notwithstanding the recommendation of denial, the City Commission after careful consideration of this matter deems it: advisable and in the best interest of the general welfare of the City cf iiiami 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: 11039 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:l/ ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec. 908. Lot measurement. 908.10. Limitations of driveways and offstreet parking, and landscaping requirements, in required yards adjacent to streets. 908.10.1. Driveways and offstreet parking. Offstreet parking for uses in residential districts, shall be permitted in required yards adjacent to streets only to the extent allowable under the following limitations: (a) Within such yards parking in multifamily districts shall be permitted only in portions at least seven and one-half (7 1/2) feet from street lot lines where parking is perpendicular to the lot line, and five (5) feet where parking or a driveway is parallel to the street lot line. (b) Pertic The following minimum percentage of such yards not devoted to effstreet parking shall be maintained landscaped: single- family districts - 60 percent, two- family districts - 30 percent, and multi -family districts - 20 l/ 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- 11039 percent in landscaping (subject to requirements concerning maintenance of visibility at intersections),,—. pPedestrian ways or driveways which are limited to a width of twenty (20) feet for one and two-family dwellings, and to a width of twenty-four (24) feet for multifamily dwellings (excluding flares in both cases). Exceptas provided below, paved areas in such driveways shall not exceed fort (40) percent of the total: area of the required yard. No portion of such driveway in a required yard adjacent to a street shall be within five (5) feet of any side property line except where owners of adjoining properties provide joint access. (See section 917.9) 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 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 24th of September 1992. day -3- 11039 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of February , 1993. XAVIER SUAREZ, MAYOR AT S : TTY HIRAI CITY CLERK PREPARED AND APPROVED BY: LI DA KELLY KEARSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: /. QuYNN&M , III CITY ATT6RNEY LKK/pb/M920 -4- 11039 APPLICANT LOCATION LEGAL DESCRIPTION PLANNING FACT SHEET City of Miami Planning, Building and Zoning Department: PZm=7 PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending: Article 9, General and Supplementary Regulations, Section 908.10 "Limitations on driveways and offstreet parking, and landscaping requirements, in required yards adjacent to streets' to provide minimum landscaping requirements in single-family, two-family and multiple -family residential districts. PLANNING RECOMMENDATION BACKGROUND Approval. ANALYSIS Differentiation among single-family, two-family and multiple -family districts is warranted in determining the mini" required landscaping, a characteristic which significantly distinguishes one type of district from another. As such, the existing application of a forty percent required minimum to all types of residential development could reasonably be construed as arbitrary. PLANN2rl ADVISORY ID At its meeting of May 13, 1992, the Planning Advisory Board adopted Resolution No. PA8 20-92, by a motion to approve that failed by a vote of 2-7, recommending denial of the above. APPLICATION NUMBER 07/06/92 Three OPPONENTS were present at the meeting. 92. 15 PAB 05/13/92 Item i 2 Poe 1 11039 :ITY CCKCSSICN At its meeting of June 11, 19y2, the City Commission continued the above. At its meeting of July 16, 1992, the City Commission continued the above. At its meeting of September 24, 1992, the City Commission passed the above on First Reading. At its meeting of October 22, 1992, the City Commission continued the above. At its meeting of November 12, 1992, the City Commission continued the above. At its meeting of December 10, 1992, the City Commission continued the above.. At its meeting of January 28, 1993, the City Commission continued the above. 11039 MIAMI 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 Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the 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 MLka, FLORIDA LEGAL NOTICE RE: ORDINANCE NO. 11039 in the ............... X. X-.X.................. Court, was published in said newspaper in the issues of April 8, 1993 Affiant further says that the said Miami 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 firs ublication of the attached copy of advertisement; and affian ur er says that she has neither paid nor promised any pers ,fir or corporation any discount, rebate, commission or re un or the p rpose of securing this advertisement for publI at n in the s newspaper. ka ... a.. Sworn to and subscribed before me this 8th... day of ....�..11 ......., A.D. 19...�3. (SEAL) Sookie Williams personally kilo`w t, 3 %9l Of •.F OFF.... OFFCIAL NOTARY SEAL CRISTINA INGELMO COMh11E-3I0N NO. CC101081 MY CoNtMISSION EXP. APR 5,1995 CITY OF MIAMI, FLORIDA LEGAL NOTICE All interested persons will take notice that on the 25th day of February, 1993, the City Commission of Miami, Florida, adopted the following titled ordinance: ORDINANCE NO. 11039 AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MAIMI, BY AMENDING ARTICLE 9, GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 908.10 "LIMITATIONS ON DRIVEWAYS AND OFFSTREET PARKING, AND LANDSCAPING REQUIREMENTS, IN REQUIRED YARDS ADJACENT TO STREETS" PROVIDING MINIMUM LANDSCAPING REQUIREMENTS IN SINGLE-FAMILY, TWO-FAMILY AND MULTI -FAMILY RESIDENTIAL DISTRICTS; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. Said ordinance may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m. o (M1047) '°� a i g°Y MATTY HIRAI CITY CLERK MIAMI, FLORIDA 418 93-4-040897M