HomeMy WebLinkAboutO-10592..' .
d-89-08
12/20/88
ORDINANCE NO. ILOS92
A ORDINANCE AMENDING ORDINANCE NO. 9500, THE
ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING THE SCHEDULE OF DISTRICT
REGULATIONS, PAGE 4, CR-1, PRINCIPAL USES AND
STRUCTURES, TO AUTHORIZE, GENERALLY,
FINANCIAL INSTITUTIONS WITHOUT DRIVE -THROUGH
FACILITIES AND, BY SPECIAL PERMIT, ALL TYPES
OF DRIVE -THROUGH FACILITIES; FURTHER,
AMENDING THE CG-1 AND CBD-1 DISTRICTS OF PAGE
5 OF SAID SCHEDULE AND COLUMN, AND SECTIONS
2031 AND 3602 OF THE ZONING TEXT, TO CHANGE
REFERENCES FROM "DRIVE-IN" TO
"DRIVE -THROUGH."
WHEREAS, the Miami Planning Advisory Board, at its meeting
of December 7, 1988, Item No. 2, following an advertised hearing
adopted Resolution No. 94-88 by a vote of 8 to 0, RECOMMENDING
APPROVAL, of amending Ordinance No. 9500, as amended, 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
Ordinance No. 9500, as amended, as hereinafter set forth:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Page 4 of the Schedule of District Regulations
of Ordinance 9500, the Zoning Ordinance of the City of Miami,
Florida, is hereby amended in the following respects:1
"USES AND STRUCTURES
PRINCIPAL USES AND STRUCTURES
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 indicated omitted and unchanged material.
IL0592
W
CR-1. COMMERCIAL -RESIDENTIAL (NEIGHBORHOOD)
Permitted Generally
11. Banks, savings and loan associations and similar
financial institutions, with drive-±n rough
facilities, permtsstbte only on umner tobs and by
.
General Limitations
Permissible Only by Special Permit
2. Drive-tn through facilities at f, financial
institutions only on property with two (.) street
frontages or if on one street access and egress
driveways are located at least one hundred -fifty
(150) feet apart, shall be permissible only by
special exception, with approval by the City
Commission, and subject to reservoir requirements
of section 2031.2 and to limitations on
transitional locations.
3. Other drive-tn through facilities, including
eating and drinking establishments, shall be
permissible only by Class C permit subject to the
requirements of section 2031, reservoir
requirements established in subsection 2031.2, and
to limitations on transitional locations."
Section 2. Page 5 of said Schedule of District
Regulations is amended as follows:
"USES AND STRUCTURES
PRINCIPAL USES AND STRUCTURES
CG-1. GENERAL COMMERCIAL
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IL0592
Permitted Generally
14. Drive-tn through establishments, including
theaters, eating and drinking establishments, and
establishments providing parry -out foods and
beverages.
Permissible Only by Special Permit
1. Drive-trt through_ facilities at financial
institutions shall be permissible only by special
exception with approval by the city commission.
Limitations on Uses
* k M
1. Except for:
c. Drive-tn throus'h businesses and refueling and
related operations at automotive service
stations,
CBD-1. CENTRAL BUSINESS DISTRICT
1. The following shall not be permitted in this
district:
a. Off -site signs.
b. Drive-tn through facilities other than
those for financial institutions which
require special permit (see below).
Permissible Only by Special Permit
6. Drive-tn through facilities for financial
institutions shall be permissible only by special
exception approved by the city commission."
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01592
Section 3. The Zoning Text of Ordinance 9500, as amended,
the Zoning Ordinance of the City of Miami, is hereby amended as
follows:
"ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 2031. Drive-tn throuL9h establishments; oar
washes.
No permit shall be issued for any drive-tn through
bank, drive-trn through eating or drinking
establishment, drive-in theater, or other facilities
where customers are served in their automobiles, except
automotive service stations, or any car wash (except
where such facility is accessory to an automotive
service station and does not involve arrangements for
washing more than one (1) oar at a time) except in
accord with the following requirements and limitations.
2031.2. Requirements for reservoir spaces, applying
generally.
Inbound and outbound reseryto reservoir spaces
"inbound" defined as spaces for automobiles waiting for
service or parking after clearing the right-of-way of
the street, and "outbound" spaces for automobiles which
have left service or parking areas and are waiting to
enter the right-of-way of the street) shall be provided
at a minimum as indicated below. A special exception
with approval by the city commission is required of all
drive-tn through facilities that do not provide the
minimum number of reservoir spaces. All such spaces at
these and other establishments requiring reservoir
spaces shall be computed on the basis of a minimum
length of twenty-two (22) feet and a minimum width of
ten (10) feet, exclusive of additional length or width
required for necessary turning and maneuvering:
-4-
10J,9i.
(a) Drive-tn through bank: Ten (10) spaces
before each teller window, one (1) space
at the teller window, one (1) space
after service space.
(b) Drive-in theater: Before the ticket
service space, reservoir spaces equal to
twenty (20) percent of the total
capacity of the theater. The inbound
reservoir area shall not connect or
conflict in any way with existing
driveways.
(o) Car wash:
(1) Self-service: Three (3) spaces
before each wash stall, two
(2) spaces after each stall.
(2) Semiautomatic: Five (5) spaces
before the beginning of each
wash time, three (3) spaces
after the end of each wash
line. (3)Automatic dragline:
Eight (8) spaces before the
beginning of each wash line,
six (6) spaces after the end
of each wash line.
(4) Custom (handwash): Five (5)
spaces before the beginning of
each wash line, one (1) space
after the end of each wash
line.
(d) Drive-tn through window facilities for
eating and drinking establishments:
Eight (8) spaces before the service
window, one (1) space at the service
window, one (1) space after the service
window.
-5-
1.0592
(e) Other drive-tn through, facilities
(including but not limited to food and
beverage sales and laundry and dry
cleaning pickup stations): Three (3)
spaces before service position or area
for parking; one (1) space after such
position or area. The inbound reservoir
area shall not conflict with the
outbound reservoir area.
ARTICLE 36. DEFINITIONS
Section 3602. Specific.
Drive-tn througgh establishments and facilities. A
drive-tn through establishment or facility is any place
or premises on which, or any facilities by which,
customers are served in automobiles. The term includes
drive-tn thr=u h banks or teller windows, drive-in
through eating and drinking establishments, drive-in
theaters, drive-tn through windows at liquor or other
stores, or at laundry and dry cleaning agencies, car
washes, and similar facilities. For purposes of these
regulations, although having characteristics as
indicated above, automotive service stations are
subject to other special requirements and controls and
are not to be construed as subject to controls and
requirements applying to the drive-tn through
establishments defined above as a class.
Drive-tn through, restaurant. See "Restaurant,
drive-tn through."
Restaurant. A restaurant is an establishment
where food is ordered from a menu or selected in a
05921 ti,
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cafeteria or from a buffet with food, prepared and
served for pay primarily for consumption on the
premises in a completely enclosed room, under roof of
the main structure, or in an interior court. A drive-
tn through restaurant as separately defined shall be
governed by any special requirements or limitations
established in relation thereto in this ordinance.
Restaurant, drive-tn through. A drive-tn through
restaurant is any place or premises where provision is
made on the premises for the selling, dispensing, or
serving of food refreshments or beverages in
automobiles and/or in areas other than in a completely
enclosed building on the premises, including those
establishments where customers may serve themselves and
may eat or drink the food, refreshments or beverages in
automobiles on the premises and/or in other than a
completely enclosed building on the premises. A
restaurant which provides drive-tn through facilities
of any kind in connection with regular restaurant
activities shall be deemed a drive-tn through
restaurant under this definition. A barbeque stand or
pit having the characteristics noted in this definition
shall be deemed a drive-tn through restaurant."
Section. 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this ordinance are hereby repealed.
Section B. 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 6. This Ordinance shall become effective thirty
(30) days after final reading and adoption hereof, pursuant to
law.
-7-
1.0592
m
PASSED ON FIRST READING BY TITLE ONLY this 23rd day of
March 1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of May , 1989./,
ATTE
( e_.0
MA TY HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
yz J
Ep E. MAXWELL
AS I STANT CITY ATTORNEY
APPROVED AS TO FORM
AND CORRECTNESS:
t
U04GE L. 4ERNANDEZ
CT Y ATTO EY
JEM/db/M430
XAVIER L . .SUAgEZ ,
1
Im
105132
O:,-A
REwCI".I V ' l.)
F;'A J iil -7 ! 1 0((
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
Octelma V. Ferbeyre, who on oath says that she Is the
Supervisor 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 MIAMI
ORDINANCE NO. 10592
In the ... X X X
.. .. ............................ Court,
was published In said newspaper in the Issues of
June 5, 1989
new%apertpublishedsat Miami Inesaidd0 die CountyeFlorida
ppand thhat the said newspaper has heretofore been continuously
Saturday, SundavlIshad In said
and LanaC MMiyi. F,oridaL each day (except
MR 114
LEGAL NOTICE
All Interested persons will take notice that on the 26fh'day of may,1989,
the City Commission of Miami, Florida, adopted the following titled ordinances:
ORDINANCE NO. 10589
AN ORDINANCE AMENDING ORDINANCE NO.9500, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING SPI.5 BRICKELL-MIAMI RIVER RESIDENTIAL -
OFFICE DISTRICT PROVISIONS: SUBSECTION 1553.2, BY CHANGING
PERMISSIBLE RETAIL AND SERVICE USES AND LIMITATIONS
PERTAINING TO SIZE, GROUND FLOOR LOCATION AND
ACCESSIBILITY OF ESTABLISHMENTS; SUBSECTION 1556.2.2.,
BY CHANGING THE CONTRIBUTION TO THE AFFORDABLE
HOUSING TRUST FUND FROM FOUR DOLLARS ($4.00) PER SQUARE
FOOT TO A MAXIMUM OF SIX DOLLARS AND SIXTY SEVEN
CENTS (S6.67) PER SQUARE FOOT, ADDING CERTAIN PUBLIC
AMENITY USES TO THE RETAIL BONUS AND CHANGING
ACCESSIBILITY AND GROUND FLOOR FRONTAGE REQUIREMENTS,
PROVIDING A NEW BONUS FOR CHILD CARE, AND CHANGING
THE TITLE APPROPRIATELY; SUBSECTION 15562.3., BY EXCLUDING
CIRCULATION AND COMMON AREAS FROM THE RETAIL AND
SERVICE F.A.R. LIMITATIONS; SUBSECTION 1556,3.6.1., BY
MODIFYING THE AMOUNT OF REQUIRED URBAN PLAZA SPACE;
SECTION 1558., BY INCREASING THE MAXIMUM PARKING
LIMITATIONS FOR RETAIL L1SE, RESTAURANTS, BARS, NIGHTCLUBS,
SUPPER CLUBS, AND THEATERS; AND PROVIDING AN EFFECTIVE
DATE.
ORDINANCE NO. 10590
AN ORDINANCE, AS AMENDED, AMENDING ORDINANCE NO.
9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY
OF MIAMI, FLORIDA, BY AMENDING SECTION 2501, PERTAINING
TO CLASS C. SPECIAL PERMITS, TO ALLOW APPLICANT
TRANSMITTED COURTESY CERTIFIED MAIL NOTIFICATION OF
APPLICATIONS TO ADJACENT PROPERTY OWNERS OR
CONDOMINIUM ASSOCIATIONS AS AN OPTION; AND AMENDING
SECTION 3506 BY CORRECTING SCRIVENER'S ERRORS AND
PROVIDING THAT NOTICE OF CHANGES TO ZONING ORDINANCE
TEXT OR SCHEDULE OF DISTRICT REGULATION SHALL 13E
SOLELY BY PUBLICATION; CONTAINING A REPEALER PROVISION
AND A SEVERABILITY CLAUSE.
ORDIANCE NO.10591
AN ORDINANCE AMENDING SECTION 62.55 OF THE CODE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CLARIFYING
THE REQUIREMENT OF COURTESY MAIL NOTIFICATIONS FOR
PLANNING ADVISORY BOARD, ZONING BOARD AND CITY
COMMISSION PUBLIC HEARINGS; MORE PARTICULARLY BY
AMENDING SECTIONS 62.55 (3).(4), (5) AND BY ADDING A NEW
SECTION 62.55(6) PROVIDING FOR OPTIONAL NOTICE OF PENDING
ADMINISTRATIVE ACTION ON SPECIAL PERMITS TO ADJACENT
PROPERTY OWNERS OR CONDOMINIUM ASSOCIATIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE.
ORDINANCE NO. 10592
AN ORDINANCE AMENDING ORDINANCE NO, 9500, THEZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
THE SCHEDULE OF DISTRICT REGULATIONS, PAGE 4, CR-1,
PRINCIPAL USES AND STRUCTURES, TO AUTHORIZE, GENERALLY,
FINANCIAL INSTITUTIONS WITHOUT DRIVE -THROUGH FACILITIES
AND, BY SPECIAL PERMIT, ALL TYPES OF DRIVE -THROUGH
FACILITIES; FURTHER, AMENDING THE CG-1 AND CBD-1 DIS.
TRICTS OF PAGE 5 OF SAID SCHEDULE AND COLUMN, AND
SECTIONS 2031 AND 3602 OF THE ZONING TEXT, TO 0; aNGE
REFERENCES FROM "DRIVE-IN" TO "DRIVE -THROUGH."
Said ordinances may be Inspected by the public at the Office of the City
"lark, 3500 Pan American Drive, Miami, Florida, Monday through Friday, li
Bxcluding holidays, between the hours of 8:00 a.m. and 5:00 p.m.
(6143) . s
" MATTY HIRAI
CITY CLERK
MIAMI, FLORIDA
B!5 89-4-0605L iM
PLANNING FACT SHEET
APPLICANT
City of Miami Planning Department:
November 18, 1988
PETITION
2. Consideration of amending Ordinance 9500, as
amended, the Zoning Ordinance of the City of
Miami by amending the Schedule of. District
Regulations, page 4 of 6, CR-1 Commercial -
Residential (Neighborhood), Principal Uses and
Structures, Permitted Generally, to amend
paragraph 11, to specify that banks, savings and
loan associations and similar financial
institutions without drive -through facilities
are permitted generally and deleting reference
to corner lots; by amending General Limitation,
Permissible Only by Special Permit, paragraphs 2
and 3, to change the term "drive-in" to "drive -
through" and to require frontage on two streets;
and by amending CG-1 General Residential,
Permitted Generally, paragraph 14, Permissible
Only by Special Permit, paragraph 1; CBD-1
Central Business District, paragraph la,
Permissible Only by Special Permit, paragraph 6,
and by amending the text of said Ordinance,
Article 20. General and Supplementary
Regulations, Section 2031. Drive-in
Establishments; Car Washes; and Article 36.
Definitions of drive-in establishments and
facilities, drive-in restaurant, and restaurant,
drive-in, all to change the term "drive-in" to -
"drive -through".
REQUEST
To change the term "drive-in" to "drive -through"
throughout the Zoning Ordinance.
ANALYSIS
This amendment would:
1. Clarify that banks, savings and loans and
other financial institutions without
drive -through facilities may be located in
the CR-1 and more liberal districts as a
matter of right.
2. Clarify that banks, savings and loans and
other financial institution with drive -
through facilities in the CR-1 district and
more liberal districts require s2ccial
exceution-Rnroval by the City Commission;
adding a requirement that the drive -through
have access to two streets.
PAB 12/7/88
Item #2
Page 1
10,592
3. Clarify similar reggireme f or •
drive -through establishments.
4. Change the term `drive-in" to
"drive -through" throughout the toning
Ordinance in order to eliminate an obsolete,
term.
RECOMMENDATIONS
PLANNING DEPT. Approval.
PLANNING ADVISORY BOARD At its meeting of December 7, 1988, the Planning
Advisory Board adopted Resolution PAB 94-88, by
an 8 to 0 vote, recommending approval of the above
to the City Commission.
CITY COMMISSION At its meeting of December 15, 1988, the City
Commission did not take up the above.
At its meeting of January 26, 1989, the City
Commission continued the above to its meetina
of February 23, 1989.
At its meeting of February 23, 1989, the City
Commission continued the above to its meeting
of March 23, 1989.
At its meeting of March 23, 1989, the City
Commission passed the above on First Reading.
At its meeting of April 27, 1989, the City
Commission continued the above to its meeting
of May 25, 1989.
PAB 12/7/88
Item #2
Page 2
■
3500 Pats Atrier
tiT1
Miami
W-11 M IRW1t V53 4XIVRtEU
N'av 25. 1989
Drive
Dade
OF
rrltK'N t NERVE IS A UN" OF.
gt1 ter : f tend"" - e amot 10CAt AMWV
Mayor n
XUR71VE APFdt1 A
T.,
WHO MUST ru FORM as 1:
This form is rot use by any person serving at the county, city, or other local keel of govern anent on an appointed or dected board.
council. commission, authority, or committee.11 applies tqualiy to tnemben of advisory and non advisory bodies who are Presented '
with a voting confect of interest under Section 112.kie2. Florida Statutes. The requirements of this 4w an mandatory, although
the use of this penicular form is not wquirtrd by bw. you are encouraged to use it in making the disclosure requited by law.
Your responsibilities under the 4w when faced with a measure in which you have a conflict of interest will vary greatly depending
on whether you hold an elective or appointive position. For this reasm please pay close attention to the instructions on thii rotat
before completing the reverse side and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION "L3443. RORIDA STATMS
ELECTED OFFICERS:
SA person holding electht county, munidpal. or other local public office MUST ABSTAIN from voting on a measure which inures
to his special private gain. Each local officer abo is prohibited from knowingly voting on a measure which inures to the special
&&in of a principal (other than a gmtrnment agency) by whom he is retained.
in either case, Ivu should disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on. -
which you are abstaining from voting; and ;
WITHIN IS DAPS AFTER THE VCFM OCCURS by completing and filing this form with the person responsibie for recordinz
the minutes of the meetin& who should incorporate the form in the minutes.
APPOINTED OFFICERS:
A person holding appointive county, municipal, or other coal public office MUST ABSTAIN from voting on a measure which
inures to his special private gain. Each local officer also is prohibited from kno+avingly voting on a measure which inures to the
special gain of a principal (other than a gorenunent agency) by whom be is reuined.
A perm holding an appointive local office otherwise may participate In a muter in which he has a conflict of interest. but trust ; F
disclose the nature of the conflict before making any attempt to Influence the decision by oral or written communication, whet)Oer
made by the officer or at his direction. t
1F YOU INTEND TO MAKE ANY ATTEMPT T6 INFLUENCE THE DECISION PRIOR TO THE MEETING AT WA
)CH t -
THE VOTE WILL BE TAKEN: 0�
• You should. complete wid file this form (before making any attempt to influence the decision) withperson retponsibl the, r for
t�econiinj the minutes of the meeting, who will incorporate'the form In the ad Iles. 1
— - • A copy of the form should be ided in
ptv► tnedlately to the other ttrembets of the agency: nur,t
+ The form should be ntad publicly at the to ving,prior to consideration of rite mattes in which u Itsve a ago eonfltct .of imetl v
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of theSHIM* +rho 11MUM 16WINIMte 0* WIN I* the riir►111ee.
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ta) A measure afte or wM cane before my a&rekj which (chalk one)
,,.._,.rinured to toy apeeW private pin; or
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PZ 14,.Ordinance 10592.s: amending.Ordinance No. 9500', as amended, the-
Zoning Ordinance of the City of Miami;, by amending the Schedule of,
District Fegulations; to authorize, generally, financial institutions;.,,,
without drive -through facilities and, by Special Permit, all types
P of drive -through facilities, etc.
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NOTICE- UNDER PROVISIONS Of FLARIDA STATUTES •IlIZ317`' 1915). A► FAILURE
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DISCLOSURE CONSTITUTES aR+O►UiVDS FOft'AN M�1Y 9E FUNISHEQ„B.ONE 4QR.MQRE;OF THE FOLt.AIAiiGkk
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR FMPLQYMENT, DEMOTION. REDUIIQ1` IN v r,d
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