HomeMy WebLinkAboutO-11093J-93-429
7/22/93
11093
ORDINANCE
AN ORDINANCE AMENDING ORDINANCE 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 6,
SECTION 602. SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT, TO ADD AND CLARIFY
OFFSTREET PARKING REQUIREMENTS FOR NEW
DEVELOPMENT OF ONE-HALF (1/2) ACRE OR LESS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of May 12, 1993, Item No. 5, following an advertised hearing
adopted Resolution No. PAB 16-93 by a vote of six (6) to zero
(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;
11093
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The text of Ordinance 11000, the Zoning
Ordinance of the City of Miami, Florida, as amended, is hereby
amended in the following particulars: I/
ARTICLE 6
Sec. 602. SD-2 Coconut Grove Central Commercial District
Sec. 602.10. Minimum offstreet parking.
Minimum offstreet parking shall be as required for C-1 district,
unless otherwise indicated for a particular use. No variance for
the reduction of the number of parking spaces is permitted.
1. For all nonresidential development existing and/or in
operation at the time of passage of this ordinance, all
required nonresidential parking may be permitted offsite
anywhere within that part of the SD-2 district which lies
east of Margaret Street, and that part of the SD-17
District, west of S.W. 27th Avenue, subject to the
requirements and conditions of Sec. 602.12. Special
Exception approval is not required for offsite parking and
I/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.
- 2 - 11093
one hundred percent (100%) of required parking may be
located offsite. Except as provided below. A all new
development to be approved after passage of this ordinance
shall be subject to all requirements and limitations of Sec.
918.
2. For all new development on parcels. existing. and
undeveloped as of October 27. 1993. of one-half acre or less
in size. one hundred percent (100%) of required parking may
be located offsite anywhere within that part of the SD-2
district which lies east of Margaret Street. subject to the
requirements and conditions of Sec. 602,12,
s�. In any mixed development including a theater, spaces
required for other nonresidential uses may be credited
toward meeting requirements for the theater to the extent
justified by timing of peak demands, by a Class II Special
Permit.
—al Where outdoor areas including the public right-of-way, are
regularly used for display and sales, or as dining areas,
including areas under awnings which are used for dining
and/or other commercial activities, the area so used shall
be calculated as part of the establishment's total floor
area and shall comply with offstreet parking requirements.
Permit fees for sidewalk cafes shall be as prescribed by
Sec. 54-111, and additionally, a payment in lieu of
providing offstreet parking may be made as prescribed in
Sec. 35-194 of the Code of the City of Miami, and shall be
paid into the Coconut Grove Parking Improvement Trust Fund
as provided by Chapter 35, Article VIII of the Code of the
City of Miami.
- 3 - 11093
-$. Shared parking facilities for which parking demand occurs at
different times of the day may be permitted by special
exception, but only upon a finding that the hours of
operation for the proposed uses are not concurrent and that
there is no negative impact on the surrounding areas,
pursuant to Article 13 of this Zoning Ordinance.
Applications for shared parking must be signed by the owners
of the facilities or their legal representatives. Such
shared parking shall be accepted in the form of a recorded
covenant running with the land, in favor of the City, and
signed by all owners of the property(ies) involved,
establishing the limitation of operating hours for both
uses, the total number of parking spaces available and
committed, the beneficiary of the commitment and the
obligation to notify the Planning Director, by registered
mail, if the commitment of the parking spaces is to be
terminated six (6) months in advance. Such covenant is to be
intended as binding for three years in advance of the
issuance of the special exception and subsequent yearly
occupational licenses.
Where required offstreet parking is to be permitted to be
located offsite, within that portion of the SD-2 district
which lies east of Margaret Street, an agreement shall be
required as in Section 918. 5 , that the City of Miami is to
be notified by registered mail six months in advance of
proposed termination of the commitment of parking spaces.
Alternatively, a payment in lieu of providing required
offstreet parking may be made, subject to approval by the
City, according to the provisions of Sec. 602.12
11093
- 4 -
Section 2. The recitals and findings contained in the
preamble to this Ordinance are hereby approved, confirmed and
adopted by reference thereto and incorporated herein as if fully
set forth in the Section.
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 22nd day of
July 1993.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 27th day of September 1993.
VIER L. AREZ, MAYOR
ATT4S"
MATTY'HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
LINDA K. KEARSON
ASSISTANT CITY ATTORNEY
LKK/pb/csk/M1029
APPROVED AS TO FORM AND
CORRECTNESS:
A. Q O ES II
CITY ATT EY
5
11003
- -
CITY OF MIAMI, FLORIDA 0ffic;a cf t:'`'
P. 0. Ev:� �
INTER -OFFICE MEMORANDUM;,;
t 35
TO: Matty Hirai DATE October 27, 1993 FILE
City Clerk
SUBJECT Modification of
9 •` ���� Ordinance *11093FROM A • uin neS , III REFERENCES:
City At rney
ENCLOSURES:
At its meeting of September 27, 1993, the City Commission
approved on second reading, Ordinance *11093, which is:
AN ORDINANCE AMENDING ORDINANCE 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 6,
SECTION 602. SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT, TO ADD AND CLARIFY
OFFSTREET PARKING REQUIREMENTS FOR NEW
DEVELOPMENT OF ONE-HALF (1/2) ACRE OR LESS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
The Administration has requested a further modification to
Section 1, paragraph 2, lines 1 and 2 of the amended text of this
Ordinance to insert the words "and undeveloped". This office has
determined that the modification clarifies the intent of the City
Commission and is not a substantial change. Accordingly,
enclosed is the modified page three for insertion into said
Ordinance.
If additional information is needed, please advise.
cc: Sergio Rodriguez
Joe McManus
Eno.
csk/LKK
11093
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Matty Hirai
City Clerk
FROM Lind earson
Assi ant City Attorney
DATE:
October 6, 1993
SUBJECT : Modification of
Ordinance
REFERENCES:
ENCLOSURES:
FILE :
At its meeting of September 27, 1993, the City Commission
approved on second reading, PZ-10, which is:
AN ORDINANCE AMENDING ORDINANCE 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 6,
SECTION 602. SD-2 COCONUT GROVE CENTRAL
COMMERCIAL DISTRICT, TO ADD AND CLARIFY
OFFSTREET PARKING REQUIREMENTS FOR NEW
DEVELOPMENT OF ONE-HALF (1/2) ACRE OR LESS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
The Administration has requested a modification to Section
1, paragraph 2 of the amended text of this Ordinance to insert
the actual effective date of the Ordinance (i.e. October 27,
1993). This office has determined that the modification is not a
substantial change. Accordingly, enclosed is the modified
Ordinance for execution.
If additional information is needed, please advise.
cc: Sergio Rodriguez
Joe McManus
Eno.
csk/LKK
11093