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Home My WebLink AboutO-10108J-86-264 Rev. 3/18/86 Rev. 4/3/86 Rev. 4/15/86 (AMENDMENT yyQ-1) p ORDINANCr NO. A V 1 ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DIS'RICTS, SECTION 1520. SPI-2 COCONUT GROVE CEN`1'RAL COMMERCIAL DISTRICT, SUBSECTION 1526.3 MINIMUM OPEN SPACE REQUIREMENTS, TO DELETE REFERENCE TO A "COMMON WALL" AND SUBSTITUTE THEREFORE "PROPERTY LINE"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2003. ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.7. CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES, 13Y ADDING AN INTENT STATEMENT, SUBSECTION 2003.7.4. LIMITATIONS ON SIZE OF RESTAURANTS AS ACCESSORY CONVENIENCE ESTABLISIMENTS, BY AMENDING THE TITLE, ADDING ADDITIONAL CRITERIA BY ESTABLISHING A SPECIAL RESTAURANT CATEGORY, LIMITING EXISTING USES AND BY REVISING THE FORMULA FOR COMPUTING THE MAXIMUM SIZE OF, AND SEATING IN, RESTAURANTS; AND BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGE 3, RO-3 RESIDENTIAL -OFFICE, PRINCIPLE USES AND STRUCTURES, TO RE -FORMAT THE LANGUAGE BETWEEN PERMITTED AND PERMISSIBLE USES FOR CLARITY; PAGE 4, CR-2 COMMERCIAL -RESIDENTIAL (COM- MUNITY), PRINCIPLE USES AND STRUCTURES, TO GENERALLY PERMIT RADIO AND TELEVISION STUDIOS, PROVIDING FURTHER THAT RADIO AND TELEVISION STUDIOS WITH EXTERIOR ANTENNAE ARE PERMISSIBLE ONLY BY SPECIAL PERMIT; PAGE 5, CG-2 GENERAL COMMERCIAL, TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS, TO PROVIDE THAT CERTAIN SPECIFIED USES MUST OBSERVE A D0 FOOT TRANSITIONAL AREA WHERE THEY ADJOIN RS-1, RS-2, RG, RO A14D 0-I DISTRICTS, PROVIDING THAT REDUCTION OF THE TRANSITIONAL AREA IS PERMISSIBLE BY SPECIAL PERMIT, PROVIDING LIMITATIONS; AND CBD-1 CENTRAL BUSINESS DISTRICT, PRINCIPLE USES AND STRUCTURES, TO GENERALLY PERMIT WHOLESALE JEWELERS AND JEWELRY FABRICATION AND PRODUCTION SUBJECT TO LIMITATIONS AND EXCEPTIONS AND DELETING THE CORRESPONDING LANGUAGE UNDER ACCESSORY USES AND STRUCTURES, AND PAGE 6, I-1 LIGHT INDUSTRIAL, PRINCIPAL USES AND STRUCTURES, TO GENERALLY PERMIT AUTOMOTIVE TOWING SERVICES, SUBJECT TO LIMITATIONS, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its meeting of November 20, 1985, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 64-85, by a 6 to 0 vote, RECOMMENDING APPROVAL of amending Ordinance No. 9500, as amended, 0 10 as hereinafter set Forth, with the exception of Section 2020 pertaining to parking and storage of hoat:-, anc] boat trailers, which received, within PAB 64-85, a RECOMMENDATION OF DENIAL; and WHEREAS, the Planning Department subsequently detached amendments to Section 2020 as Amendment 11Q-211, as an administrative expediency; and WHEREAS, the City Commission, by Motion 86-62, :January 23, - 1986, referred this proposed amendment to the Planning Advisory Board to consider whether accessory retail uses on condominiums or apartments in residential areas should be limited to tile occupants of the subject premises; and WHEREAS, the Miami Planning Advisory Board, at its ineeting of March 19, 1986, Item #1, following an advertised hearing, adopted Resolution No. PAB 10-86, by a 6 to 2 vote, RECOMMENDING APPROVAL of amending Ordinance No. 9500, as amended, as hereinafter, set forth; and WHEREAS, the City Commission, after 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 grant these amendments, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 9500, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:1 "ARTICLE 15. SPI SPECIAL PUBLIC INTEREST DISTRIC`1'S SECTION 1520. SPI-2:COCONUT GROVE CENTRAL COMMERCIAL DISTRICT. 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. Asterisk indicate omitted and unchanged material. -2- 10108 SECTION 1526. MINIMUM LOT REQUIREMENTS: FLOOR AREA LIMITATIONS: MINIMUM OPEN SPACE REQUIREMENTS. 1526.3. Minimum Open Space Requirements. 1526.3.1. Minimum Yards. Except as required in specified transitional locations, yards adjacent to streets snail be at least five (5) feet in depth, and interior side and rear yards (where buildings are not built to a eefwflen W" proper line) shall be at least five (5) feet in depth or width, as appropriate to lot orientation. ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS SECTION 2003. ACCESSORY USES AND STRUCTURES. 2003.7. Convenience Establishments As Accessory To Residential or Office Uses. It is the intent of this section that convenience establishments, accessory to residential or offices uses, are primarily intended for the use of occupants of the principal use and their guests. In RG-2.2, RG-3, RO-3 and O-I districts, convenience establishments shall be permitted as accessory to residential or office uses subject to the following requirements and limitations. 2003.7.4. Applications for, and Limitations on Size of Restaurants as Accessory Convenience Establishments. -3- 10108 All applications for a special hermit under this subsection shall contain a listing of all owners (condominium), renters (residential apartment) or lessees (otfice), as the case may be, indicating their approval (or disapproval): the disapproval of a majority of the owners, renters, or lessees, as the case may be, will create a rebuttable resumption that a restaurant Of this type would not be in the best interests of the owners, renters or lessees as the case may be The application shall also acknowledge that the restaurant use is to be restricted to owners, renters or lessees (and their accornpanied guests) of the residential and/or office units in the principal use; and that the applicant is prepared to offer a covenant to that effect. All such accessory restaurant uses in existance on adoption of this paragraph and, not complying with the terms of this subsection, are deemed non -conforming uses, pursuant to Section 3403.4. Certificates of Use for Non - Conforming Uses, of this ordinance. Provided, however, any existing accessory restaurant which desires an increase in the number of seats provided upon the effective date of this ordinance may apply for special exception and be governed by the requirements contained herein. Where restaurants are accessory to residential uses, gross area shall not exceed an amount equal to ty (20) fifteen ( 15 ) square feet for each dwelling or lodging unit, and the maximum number of seats shall -4- 1 0 1 0 8 0 All applications for a special permit under this subsection shall contain a listing of all owners (condominium), renters (residential apartment) or lessees (office), as the case may be, indicating their_ approval (or disapproval)• the disapproval of a majority of the owners renters, or lessees, as the case may be, will create a rebuttable presumption that a restaurant of this type would not be in the best interests of the owners, renters or lessees as the case inay be The application shall also acknowledge that the restaurant use is to be restricted to owners, renters or lessees (and their accompanied guests) of the residential and/or office units in the principal use; and that - the applicant is prepared to offer a covenant to that effect All such accessory restaurant uses in existence on adoption of this paragraph and, not complying with the terms of this subsection, are deemed non -conforming uses, pursuant to Section 3403.4. Certificates of Use for Non - Conforming Uses, of this ordinance. Provided, however, any existing accessory restaurant which desires an increase in the number of seats provided upon the effective date of this ordinance may apply for special exception and be governed by the requirements contained herein. Where restaurants are accessory to residential uses, gross area shall not exceed an amount equal to fifteen ( 15 ) square feet for each dwelling or lodging unit, and the maximum number of seats shall -4- 1 0 10 8 0 4 be two `h ' ds (2//3-) of a one (1) seat per dwelling or lodging unit, but not MOr_e than three hundred (300). These maximums include any waiting lounge areas. Seating in waiting lounge areas shall not exceed twenty (20) percent of total seating. Where restaurants are accessory to office uses, total area shall not exceed an amount equal to one square foot for each twenty (20) square feet of gross floor area in office use, not to exceed three thousand (3,000) square feet. Section 2. Page 3 of the Official Schedule of District Regulations, made a part of ordinance 9500, is hereby amended as follows. "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES RO-3 Residential - Office banks, and savinEjs alid Permitted Generall 1. Banks and savings and loans (other than drive-in), medical reference laboratories, travel agents. Permissible Only by Special Permit 1. Drive-in banking facilities, permissible only by special exception with City Commission approval. -5- 10108 Section 3. Page 4 of said official Schedule of District Regulations is amended as follows: "USES AND S'PRUC`-CURES PRINCIPAL USES AND STRUCTURES CR-2. COMMERCIAL -RESIDENTIAL (COMMUNITY) As for CR-1, except as provided below, and in addition: Permitted Generally 7 Radio and television broadcasting studios, without exterior antennae Permissible Only by Special Permit 7. By Class C special permit only, exterior antennae of radio and television studios Section 4. Page 5 of said Schedule of District Regulations, is hereby amended as follows: "USES AND STRUCTURES TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS CG-2. GENERAL COMMERCIAL Transitional Requirements and Limitations As for CG-1, and in addition: Where lots in this district directly adjoin lots in RS-1, RS-2, RG, RO or 0-I at the side or rear, +3e - - ---- -� �h — a t --w r is a 50 €eet foot transitional area is established -tee distEiet from which the following uses are otherwise excluded: a. Freight or truck yards or terminals. q. Wholesale rebuilding of automotive parts, automotive overhauling, automotive paint and body shops. - 6- 1 U 1 a 8 Where lots directly adjoin RO or_ c)-I di:;tr-icts, at the side or rear, this transitional area may be reduced to 10 feet from district boundary. with Class C special permit; where lots directly adjoin RS-1, RS-2 or RG districts at the side or rear, this transitional area inay be reduced to 10 feet from the district boundary by special exception. In all such instances, a minimum 10 foot landscaped area shall be provided next to the district boundary, the exterior building wall parallel to and nearest to the property line shalt be soundproof with no windows or vents, and no vents shall be permitted on the roof within 5 teet of said exterior wall. USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES CBD-1 CENTRAL BUSINESS DISTRICT As for CR-3 with the following exceptions and modifications: Permitted Generally 1. Hotels, including residence and apartment hotels, without limitation as to accessory uses or combinations with other permitted uses. 5 Wholesale jewelers and the fabrication/production of custom made jewelry, limited to 2,000 square feet per establishment, and as an exception to limitations discussed in CR-1 GENERAL LIMITA`1'IONS. ACCESSORY USES AND STRUCTURES -�- 10108 CHD-1 CENTRAL BUSINESS DISTRICT As for. CR. and 44 t ef eusteffl made be r T r.m� nwy C_ Section 5. Page 6 of said Official Schedule of District Requlations, made a part Of said Ordinance 9500, is hereby amended, as follows: "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES I-1 LIGHT INDUSTRIAL As for CG-2 provided that the limitations stated on horsepower of motors and capacity of punch presses shall not apply in this district. Further additions and exceptions are provided below, subject to limitations on "Transitional uses and structures": Permitted Generally 13. Automotive towing services, where not screened from view from public ways (other than alleys) or from adjoining residential districts by buildings, shall be enclosed by a solid masonry wall (with necessary openings) at least 6 feet in height, with no storage above the top of the wall. Section 6. All ordinances, Code Sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 7. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, -8- 1 010 8 : Ll the same shall. not affect the validity of the ordinance as a whole. PASSED AND ADOPTED ON FIRST READING BY PITLE ONLY this 27th day of March , 1986. PASSED AND ADOPTED ON SECOND READING BY TITLE ONLY this 22nd day of May , 1986. ATTEq s, r,. f MATT HIRAI Cit Clerk PREPARED AND APPROVED BY: aE . MAXWELL/ As istant City Attorney 4XVIER L. SUAREZ,�Mayor APPROVED ,$PTO FORM AND CORRECTNESS: L CI A. DOUGfiKRTY City Attorney • 1, r . � ATatt�� 1Tu-at, .,�t; JEM/wpc/pb/P001 f o ►t� ut i• t t t .:t , �. �i - -- h r r`• � GG// � L'Ve c,f said Old City this L? ity Clcrl: - 9- 110108 CITY OF MIAMI, FI-ORIOA INTER -OFFICE MEMORANDUM TO The Honorable Mayor and Members OATQ! of the City Commission SU IIJECT r ,p IrROM Cesar H. Odio .I, REFERENCES! City Manager Lk, v ENCLOSURES PZ W9 April 15, 1986 FILE ORDINANCE - TEXT AMENDMENT AMENDMENT Q - 1 COMMISSION AGENDA - APRIL 22, 1986 PLANNING AND ZONING ITEMS It is recommended by the Planning Advisory Board that amendments to the text of Ordinance 9500, the Zoning Ordinance of the City of Miami by amending ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003, Subsection 2003.7; ARTICLE 15. SPI SPECIAL PUBLIC INTEREST DISTRICTS, Section 1520, Subsection 1526.3; and ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003, Subsection 2003.7.4; and by amending the Official Schedule of District Regulations, page 3 for RO-3 RESIDENTIAL -OFFICE, Principal Uses and Structures; page 4 for CR-2 COMMERCIAL - RESIDENTIAL (COMMUNITY), Principal Uses and Structures; page S for CG-2 GENERAL COMMERCIAL, Transitional Uses, Structures and Requirements; and CBO-1 CENTRAL BUSINESS DISTRICT, Principal Uses and Structures and page 6, I-1 LIGHT INDUSTRIAL, Principal Uses and Structures be approved. Per City Commission Motion 86-62 on January 23, 1986, the Planning Advisory Board, at its meeting of March 19, 1986, Item 1, following an advertised hearing, adopted Resolution PAB 10-86 by a 6 to 2 vote, recommending approval of amendments to the text of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami by amending ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7. Convenience Establishments as Accessory to Residential or Office Uses, by further consideration of accessory retail uses in certain zoning districts (RG-2.2, RG-3, RO-3 and 0-I) by adding an intent statement, adding additional criteria and limiting existing uses, which proposed amendment is part of Amendment "Q-1", which proposed amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami by amending ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, Section 1520. SPI-2 Coconut Grove Central Commercial District, Subsection 1526.3 Minimum Open Space Requirements, to delete reference to a "common wall" and substitute therefore "property line"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7.4. Limitations on Size of Restaurants t 010 The Honorable Mayor and Members Page 2 April 15, 1986 of the City Commission as Accessory Convenience Establishments, by revising the formula for computing the maximum size of, and seating in, restaurants; and by amending the Official Schedule of District Regulations, page 3, RO-3 RESIDENTIAL -OFFICE, Principle Uses and Structures, to re -format the language between permitted and permissible uses for clarity; page 4, CR-2 COMMERCIAL -RESIDENTIAL (COMMUNITY), Principal Uses and Structures, to generally permit radio and television studios, providing further that radio and television studios with exterior antennae are permissible only by special permit; page 5, CG-2 GENERAL COMMERCIAL, Transitional Uses, Structures and Requirements, to provide that certain specified uses must observe a 50 foot transitional area where they adjoin RS-1, RS-2, RG, RO or 0-I districts, providing that reduction of the i transitional area is permissible by special permit, providing limitations; and CB0-1 CENTRAL BUSINESS DISTRICT, Principal Uses and Structures, to generally permit wholesale jewelers and jewelry fabrication and production subject to limitations and exceptions and deleting the corresponding language under —� Accessory Uses and Structures, and page 6, I-1 LIGHT INDUSTRIAL, Principal Uses and Structures, to generally permit automotive towing services, subject to limitations. At the Commission meeting of December 19, 1985, Amendment "Q" was continued i pending further discussion of the proposed amendment to Sections 2020.2.1 and 2020.2.2 pertaining to the parking or storage of boats and boat trailers in front yard areas of residential zoning districts. As an administrative expediency, Amendment "Q" has now been divided into two ' proposed amendments: Amendment "Q-1" is former Amendment "Q" less the amending language pertaining to Sections 2020.2.1 and 2020.2.2 (boats and boat trailers) and Amendment "Q-2" pertains only to Sections 2020.2.1 and 2020.2.2 (boats and trailers). Backup information is included for your information. An ORDINANCE to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: APPROVAL 110109 0 PLANNING FACT SHEET APPLICANT City of Miami Planning Department: February 28, 1986 (Amendment Q-1 ) PETITION 1. Per Motion 86-62; January 23, 1986, reconsideration of ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7. Convenience Establishments as Accessory to Residential or Office Uses, by further consideration of accessory retail uses in certain zoning districts (RG-2.2, RG-3, RO-3 and 0-I) by adding an intent statement, adding additional criteria and limiting existing uses, which proposed amendment is part of Amendment "Q-111, which proposed amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami by amending ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, Section 1520. SPI-2 Coconut Grove Central Commercial District, Subsection 1526.3 Minimum Open Space Requirements, to delete reference to a "common wall" and substitute therefore "property line"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7.4. Limitations on Size of Restaurants as Accessory Convenience Establishments, by revising the formula for computing the maximum size of, and seating in, restaurants; and by amending the Official Schedule of District Regulations, page 3, RO-3 RESIDENTIAL -OFFICE, Principle Uses and Structures, to re -format the language between permitted and permissible uses for clarity; page 4, CR-2 COMMERCIAL -RESIDENTIAL (COMMUNITY), Principal Uses and Structures, to generally permit radio and television studios, providing further that radio and television studios with exterior antennae are permissible only by special permit; page 5, CG-2 GENERAL COMMERCIAL, Transitional Uses, Structures and Requirements, to provide that certain specified uses must observe a 50 foot transitional area where they adjoin RS-1, RS-2, RG, RO or 0-I districts, providing that reduction of the transitional area is permissible by special permit, providing limitations; and CBD-1 CENTRAL BUSINESS DISTRICT, Principal Uses and Structures, to generally permit wholesale jewelers and jewelry PAB 2/28/86 Item #1 Page 1 Y 0108 fabrication and production subject to limitations and exceptions and deleting the corresponding language under Accessory Uses and Structures, and page 6, I-1 LIGHT INDUSTRIAL, Principal Uses and Structures, to generally permit automotive towing services, subject to limitations. BACKGROUND The Planning Department has met with the Zoning Division, Fire, Rescue and Inspection Services Department to review various problems in administering Zoning Ordinance 9500. Per Motion 86-62; January 23, 1986, the transcribed minutes of commission consideration of proposed Amendment Q-1 are attached. ANALYSIS These proposed amendments would: 1. Substitute "property line" as the reference for open space requirements in SPI-2 Coconut Grove Central Commercial District; there are no "common walls" in Miami. 2. Add an intent statement that convenience establishments, accessory to residential or office use, in RG-2.2 RG-3 O- and 0-1 districts are primarily intended for occupants of the principal use, and restrict the accessory restaurant use to owners, renters and residents and them guests) of the principal use. Further, the formulas would be changed for computing size of, and, seating in restaurants, where they are accessory convenience establishments in certain residential and office districts (RG-2.2, RG-3, RO-3 or 0-I). The effect would be to both reduce the size of restaurants and increase the allowable seating. 3. Reformat the language as between permitted and permissible uses in RO-3. The substance of the a language remains identical. 4. Allow radio and television studios in CR-2; however, exterior antennae would be permissible by Class C special permit only. 5. Conform an exception to the 50' transitional areas for specs red uses in CT-_ when they abut - AS-2, RG, RO and 0-1 districts to the same exception for CG -1 i.e. the area PAB 2/28/86 Item #1 Page 2 !1Q%�Ju q Aft fabrication and production subject to limitations and exceptions and deleting the corresponding language under Accessory Uses and Structures, and page 6, I-1 LIGHT INDUSTRIAL, Principal Uses and Structures, to generally permit automotive towing services, subject to limitations. BACKGROUND The Planning Department has met with the Zoning Division, Fire, Rescue and Inspection Services Department to review various problems in administering Zoning Ordinance 9500. Per Motion 86-62; January 23, 1986, the transcribed minutes of commission consideration of proposed Amendment Q-1 are attached. ANALYSIS These proposed amendments would: 1. Substitute "property line" as the reference for open space requirements in SPI-2 Coconut Grove Central Commercial District; there are no "common walls" in Miami. 2. Add an intent statement that convenience establishments, accessory to residential or office use, in RG-2.2 RG-3 i- and -T districts are —primarily intended r occupants of the principa use, and reor the accessory restaurant use to owners, renters and residents and their guests) of the principal use. Further, the formulas would be changed for computing size of, and, seating in restaurants, where they are accessory convenience establishments in certain residential and office districts (RG-2.2, RG-3, RO-3 or C-I). The effect would be to both reduce the size of restaurants and increase the allowable seating. 3. Reformat the language as between permitted and permissible uses in RO-3. The substance of the language remains identical. 4. Allow radio and television studios in CR-2; however, exterior antennae would be permissible by Class C special permit only. 5. Conform an exception to the 50' transitiorial areas for specs red uses in G-2 when they abut - - , R , RO and 0-1 districts to the same exception for CG-1 i.e. the area PAB 2/28/86 Item #1 Page 2 1101Vv `1 a could be reduced to 10' by Class C permit where the adjoining district is RO-1 or 0-I or by special exception where the adjoining district is RS-1, RS-2 or RG, subject to limitations. 6. Permit wholesale jewelers, and jewelry fabrication and production in the C30- district rather than an accessory use, subject to a limit on the size of the establishment. 7. Permit automotive towing services in I-1 subject to limitations, when next to public ways or residential districts. RECOMMENDATIONS PLANNING DEPT. Approval PLANNING ADVISORY BOARD At its meeting of November 20, 1985, the Planning Advisory Board adopted Resolution PAB 64-85 by a 6 to 0 vote, recommending approval of amendments to Sections 1520, 1526, 2003 and amendments to the Schedule of District Regulations, page 3 for RO-3, page 4 for CR-2 page 5 for CG-2 and CBD-1 and page 6 for I-1, with a recommendation of denial of amendments to Section 2020. (Note: the Planning Department subsequently detached the amendment to Section 2020 as Amendment "Q-2"). CITY COMMISSION Continued, at its meeting of December 19, 1985. Referred to the Planning Advisory Board, by Motion 86-62; January 23, 1986, to consider whether accessory retail uses in condominium or apartments in residential areas should be limited to the occupants of the subject premises. PLANNING DEPARTMENT Approval of further amendments to Subsection 2003.7. PLANNING ADVISORY BOARD At its meeting of March 19, 1986, the Planning Advisory Board adopted Resolution PAB 10-86 by an 8 to 0 vote, recommending approval of the above; the Planning Advisory Board further adopted Resolution PAB 11-86 by an 8 to 0 vote, recommending to the City Commission that special consideration be given to Hamilton on the Bay at time of public hearing based on certain equities which were brought to the Planning Advisory Board's attention. PAB 2/28/86 Item #1 Page 3 Io.L V 6 -- S 11 CITY COMMISSION At its meeting of March 27, 1986, the City Commission passed the above on First Reading, as amended. PAB 2/28/86 Item #1 Page 4 6 11 and moved its adopti :)n. u RESCLUTICN PAB 10-86 RESOLUTION RECOMMENDING APPROVAL TO THE CITY COMMISSION PER MOTION 86-62; JAPiUARY 23, 1986, RECONSIDERATION OF ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2003. ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.7. CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES, BY FURTHER CONSIDERATION OF ACCESSORY RETAIL USES IN CERTAIN ZONING DISTRICTS (RG-2.2, RG-3, RO-3 AND 0-Ij BY ADDING AN INTENT STATEMENT, ADDING ADDITIONAL CRITERIA AND LIMITING EXISTING USES, WHICH PROPOSED AMENDMENT IS PART OF AMENDMENT "Q-111, WHICH PROPOSED AMENDING ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI BY AMENDING ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, SECTION 1520. SPI-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, SUBSECTION 1526.3 MINIMUM OPEN SPACE REQUIREMENTS, TO DELETE REFERENCE TO A "COMMON WALL" AND SUBSTITUTE THEREFORE "PROPERTY LINE"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2003. ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.71•4. LIMITATIONS ON SIZE OF RESTAURANTS AS ACCESSORY CONVENIENCE ESTABLISHMENTS, BY REVISING THE FORMULA FOR COMPUTING THE MAXIMUM SIZE OF, AND SEATING IN, RESTAURANTS; AND BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGE 3, RO-3 RESIDENTIAL -OFFICE, PRINCIPLE USES AND STRUCTURES, TO RE -FORMAT THE LANGUAGE BETWEEN PERMITTED AND PERMISSIBLE USES FOR CLARITY; PAGE 4, CR-2 COMMERCIAL -RESIDENTIAL (COMMUNITY), PRINCIPAL USES AND STRUCTURES, TO GENERALLY PERMIT RADIO AND TELEVISION STUDIOS, PROVIDING FURTHER THAT RADIO AND TELEVISION STUDIOS WITH EXTERIOR ANTENNAE ARE PERMISSIBLE ONLY BY SPECIAL PERMIT; PAGE 5, CG-2 GENERAL COMMERCIAL, TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS, TO PROVIDE THAT CERTAIN SPECIFIED USES MUST OBSERVE A 50 FOOT TRANSITIONAL AREA WHERE THEY ADJOIN RS-1, RS-2, RG, RO OR 0-I DISTRICTS, PROVIDING THAT REDUCTION OF THE TRANSITIONAL AREA IS PERMISSIBLE BY SPECIAL PERMIT, PROVIDING LIMITATIONS; AND CBD-1 CENTRAL BUSINESS DISTRICT, PRINCIPAL USES AND STRUCTURES, TO GENERALLY PERMIT WHOLESALE JEWELERS AND JEWELRY FABRICATION AND PRODUCTION SUBJECT TO LIMITATIONS AND EXCEPTIONS AND DELETING THE CORRESPONDING LANGUAGE UNDER ACCESSORY USES AND STRUCTURES, AND PAGE 6, I-1 LIGHT INDUSTRIAL, PRINCIPAL USES AND STRUCTURES, TO GENERALLY PERMIT AUTOMOTIVE TOWING SERVICES, SUBJECT TO LIMITATIONS. Upon being seconded by Ms. Dorothy Spohn, the motion was passed and adopted by the following vote: AYES: Ms. Hadley and Spohn Messrs. Lopez, Benjamin, Manes and Simon NAYES: Messrs. Asmar and Pedraza ABSENT: Messrs. Armesto-Garcia and Gomez Mr. McManus: Motion carries 6 to 2. March 19, 1986, Item 1 Planning Advisory Board i �,,.,..�,. ,.. 7�!N�4�'�'$.iF-�7�:Ys9.`°Y"'p .-..�. �trsr�st .l nyP.r y ,,,'t:. _rrr .,�.�r:,^�t•er.. . . :acved its adoption. RE SOLiJT:'0N PAB ' 1 -86 RESOLUTION RECOMMENDING TO THE C:'.Y 1C0"'1MTSSION THAT SPECIAL CONSIDERATION BE l7Ld,�.d TO d,�,MLLLON ON THE BAY LVCA�.:.D AT ?55 NE 34 STREET, ALSO DESCRIBED AS LRACT "A" BAYPOI.TT PLACE 111 -87) P.R.D.C., AT TIME JE PUBLIC HEARING BASED ON CERTAIN EQUITIES WHICH WERE BROUGHT TO THE PLANNING ADVISORY BOARD'S ATTENTION. Upon being seconded by Ms. Dorothy Spohn, the motion was passed and adopted by the following vote: AYES: Ms. Hadley and Spohn Messrs. Lopez, Asmar, Benjamin, :Manes, Pedraza and Simon NAYES: None. ABSENT: Messrs. Armesto-Garcia and Gomez Mr. McManus: Motion carries 8 to 0. 1 010a March 19, 1986, Item 1 Planning advisory Board CITY OF MIAM1. FLORIOA INTER -OFFICE MEMORANDUM Aurelio Perez-Lugones, Director Planning and Zoning Boards Administration i cgpra 'l: Joel E. Maxwell Assistant City Attorney o^Te April 3, 1986 "LE SUBJECT Amended "Q-1" Ordinance (April 3, 1986) REFERENCES Page 4; last sentence of ENCLOSURES first paragraph (1) Attached hereto is amended legislation known as "Q-1" which was passed by the City Commission on first reading March 27, 1986. Said legislation was amended on the floor and the March 27th amended language of the referenced material is presently in the hands of the City Clerk. { The referenced language has been further refined by this �i Office and is reflected in the attached document. All parties { should be aware that this language, though different than that read into the record during the March 27, 1986, City Commission meeting, and shown in the original now in the City Clerk's Office, is substantially and materially the same. The attached ordinance, which shows a revision date of April 3, 1986, is the legislation which should be distributed for the next City Commission Planning and Zoning Agenda this matter appears on. JEM:bss:P064a cc: Lucia A. Dougherty Matty Hirai Sergio Rodriguez 10108 " J-86-264 Rev. 3/18/86 Rev. 4/3/86 Rev. 4/15/86 (AMENDMENT Q-1) RESOLUTION NO. ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, SECTION 1520. SPI 22 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, SUBSECTION 1526.3 MINIMUM OPEN SPACE REQUIREMENTS, TO DELETE REFERENCE TO A "COMMON WALL" AND SUBSTITUTE THEREFORE "PROPERTY LINE"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2003. ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.7. CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES, BY ADDING AN INTENT STATEMENT, SUBSECTION 2003.7.4. LIMITATIONS ON SIZE OF RESTAURANTS AS ACCESSORY CONVENIENCE ESTABLISHMENTS, BY AMENDING THE TITLE, ADDING ADDITIONAL CRITERIA BY ESTABLISHING A SPECIAL RESTAURANT CATEGORY, LIMITING EXISTING USES AND BY REVISING THE FORMULA FOR COMPUTING THE MAXIMUM SIZE OF, AND SEATING IN, RESTAURANTS; AND BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGE 3, RO-3 RESIDENTIAL -OFFICE, PRINCIPLE USES AND STRUCTURES, TO RE -FORMAT THE LANGUAGE BETWEEN PERMITTED AND PERMISSIBLE USES FOR CLARITY; PAGE. 4, CR-2 COMMERCIAL -RESIDENTIAL (COM- MUNITY), PRINCIPLE USES AND STRUCTURES, TO GENERALLY PERMIT RADIO AND TELEVISION STUDIOS, PROVIDING FURTHER THAT RADIO AND TELEVISION STUDIOS WITH EXTERIOR ANTENNAE ARE PERMISSIBLE ONLY BY SPECIAL PERMIT; PAGE 5, CG-2 GENERAL COMMERCIAL, TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS, TO PROVIDE THAT CERTAIN SPECIFIED USES MUST OBSERVE A 50 FOOT TRANSITIONAL AREA WHERE THEY ADJOIN RS-1, RS-2, RG, RO AND 0-I DISTRICTS, PROVIDING THAT REDUCTION OF THE TRANSITIONAL AREA IS PERMISSIBLE BY SPECIAL PERMIT, PROVIDING LIMITATIONS; AND CBD-1 CENTRAL BUSINESS DISTRICT, PRINCIPLE USES AND STRUCTURES, TO GENERALLY PERMIT WHOLESALE JEWELERS AND JEWELRY FABRICATION AND PRODUCTION SUBJECT TO LIMITATIONS AND EXCEPTIONS AND DELETING THE CORRESPONDING LANGUAGE UNDER ACCESSORY USES AND STRUCTURES, AND PAGE 6, I-1 LIGHT INDUSTRIAL, PRINCIPAL USES AND STRUCTURES, TO GENERALLY PERMIT AUTOMOTIVE TOWING SERVICES, SUBJECT TO LIMITATIONS, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its meeting of November 20, 1985, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 64-85, by a 6 to 0 vote, RECOMMENDING APPROVAL of amending Ordinance No. 9500, as amended, 10108 , as hereinafter set forth, with the exception of Section 2020 pertaining to parking and storage of boats and boat trailers, which received, within PAB 64-85, a RECOMMENDATION OF DENIAL; and WHEREAS, the Planning Department subsequently detached amendments to Section 2020 as Amendment "Q-211, as an administrative expediency; and WHEREAS, the City Commission, by Motion 86-62, January 23, 1986, referred this proposed amendment to the Planning Advisory Board to consider whether accessory retail uses on condominiums or apartments in residential areas should be limited to the occupants of the subject premises; and WHEREAS, the Miami Planning Advisory Board, at its meeting of March 19, 1986, Item #l, following an advertised hearing, adopted Resolution No. PAB 10-86, by a 6 to 2 vote, RECOMMENDING APPROVAL of amending Ordinance No. 9500, as amended, as hereinafter, set forth; and WHEREAS, the City Commission, after 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 grant these amendments, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 9500, the Zoning Ordinance of the _ City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:l "ARTICLE 15. SPI SPECIAL PUBLIC INTEREST DISTRICTS SECTION 1520. SPI-2:000ONUT GROVE CENTRAL COMMERCIAL DISTRICT. _ 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. Asterisk indicate emitted and unchanged material. -2- 4 0(36 as hereinafter set forth, with the exception of Section 2020 pertaining to parking and storage of boats and boat trailers, which received, within PAB 64-85, a RECOMMENDATION OF DENIAL; and WHEREAS, the Planning Department subsequently detached amendments to Section 2020 as Amendment "Q-2", as an administrative expediency; and WHEREAS, the City Commission, by Motion 86-62, January 23, 1986, referred this proposed amendment to the Planning Advisory Board to consider whether accessory retail uses on condominiums or apartments in residential areas should be limited to the occupants of the subject premises; and WHEREAS, the Miami Planning Advisory Board, at its meeting of March 19, 1986, Item #1, following an advertised hearing, adopted Resolution No. PAB 10-86, by a 6 to 2 vote, RECOMMENDING APPROVAL of amending Ordinance No. 9500, as amended, as hereinafter, set forth; and WHEREAS, the City Commission, after 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 grant these amendments, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: - Section 1. Ordinance No. 9500, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:1 "ARTICLE 15. SPI SPECIAL PUBLIC INTEREST DISTRICTS SECTION 1520. SPI-2:000ONUT GROVE CENTRAL COMMERCIAL DISTRICT. 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. Asterisk indicate omitted and unchanged material. 0 SECTION 1526. MINIMU14 LOT REQUIREMENTS: FLOOR AREA LIMITATIONS: MINIMUM OPEN SPACE REQUIREMENTS. 1526.3. Minimum Open Space Requirements. 1526.3.1. Minimum Yards. Except as required in specified transitional locations, yards adjacent to streets shall be at least five (5) feet in depth, and interior side and rear yards (where buildings are not built to a eemmen w property line) shall be at least five (5) feet in depth or width, as appropriate to lot orientation. * * ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS SECTION 2003. ACCESSORY USES AND STRUCTURES. * * * 2003.7. Convenience Establishments As Accessory To Residential or Office Uses. It is the intent of this section tnat convenience establishments, accessory to residential or offices uses, are primarily intended for the use of occupants of the principal use and their guests. In RG-2.2, RG-3, RO-3 and 0-I districts, convenience establishments shall be permitted as accessory to residential or office uses subject to the following requirements and limitations. 2003.7.4. Applications for, and Limitations on Size of Restaurants as Accessory Convenience Establishments. - 3 1 010 8 + -Z.- All applications for a special permit under this subsection shall contain a listing of all owners (condominium), renters (residential apartment) or lessees (office), as the case may be, indicating their approval (or disapproval): the disapproval of a majority of the owners, renters, or lessees, as the case may be, will create a rebuttable presumption that a restaurant of this type would not be in the best interests of the owners, renters or lessees as the case may be. The application shall also acknowledge that the restaurant use is to be restricted to owners, renters or lessees_ (and their accompanied guests) of the residential and/or office units in the principal use; and that the applicant is prepared to offer a covenant to that effect. All such accessory restaurant uses in existance on adoption of this paragraph and, not complying with the terms of this subsection, are deemed non -conforming uses, pursuant to Section 3403.4. Certificates of Use for Non - Conforming Uses, of this ordinance. Provided, however, any existing accessory restaurant which desires an increase in the number of seats provided upon the effective date of this ordinance may apply for special exception and be governed by the requirements contained herein. Where restaurants are accessory to residential uses, gross area shall not exceed an amount equal to f if teen (15 ) square feet for each dwelling or lodging unit, and the maximum number of seats shall be twe `h a 3 "` a one 1) seat per dwelling or lodging unit, but not more than three hundred (300). These maximums include any waiting lounge areas. Seating in waiting lounge areas shall not exceed twenty (20) percent of total seating. Where restaurants are accessory to office uses, total area shall not exceed an amount equal to one square foot for each twenty (20) square feet of gross floor area in office use, not to exceed three thousand (3,000) square feet. Section 2. Page 3 of the Official Schedule of District Regulations, made a part of ordinance 9500, is hereby amended as follows. "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES * * RO-3 Residential - Office Permitted Generall 1. Banks and savings and loans (other than drive-in) medical reference laboratories, travel agents. Permissible Only by Special Permit 1. Drive-in banking -facilities, permissible only by special exception with City Commission approval. -5- 10108 ) 1-1 0 6 Section 3. Page 4 of said Official Schedule of District Regulations is amended as follows: "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES CR-2. COMMERCIAL -RESIDENTIAL (COMMUNITY) As for CR-1, except as provided below, and in addition: Permitted Generally 7. Radio and television broadcasting studios, without exterior antennae Permissible Only by Special Permit 7. BY Class C special permit only, exterior antennae of radio and television studios Section 4. Page 5 of said Schedule of District Regulations, is hereby amended as follows: "USES AND STRUCTURES TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS CG-2. GENERAL COMMERCIAL Transitional Requirements and Limitations As for CG-1, and in addition: Where lots in this district directly adjoin lots in RS-1, RS-21 RG, RO or 0-I at the side or rear, ee a 50 feet foot transitional area is established of the dirt- ciet besndaey shal- be urea—€orrs from which the following uses are otherwise excluded: a. Freight or truck yards or terminals. * * I g. Wholesale rebuilding of automotive parts, automotive overhauling, automotive paint and body shops. -6- l 0108 j .S -- i 0 Where lots directly adjoin RO or 0-I districts, at the side or rear, this transitional area may be reduced to 10 feet from district boundary with Class C special permit; where lots directly adjoin RS-1, RS-2 or RG districts at the side or _rear, this transitional area may be reduced to 10 feet from the district boundary by special exception. In all such instances, a minimum 10 foot landscaped area shall be provided next to the district boundary, the exterior building wall parallel to and nearest to the property line shall be soundproof with no windows or vents, and no vents shall be permitted on the roof within 5 feet of said exterior wall. USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES CBD-1 CENTRAL BUSINESS DISTRICT As for CR-3 with the following exceptions and modifications: Permitted Generally 1. Hotels, including residence and apartment hotels, without limitation as to accessory uses or combinations with other permitted uses. 5. Wholesale jewelers and the fabrication/production of custom made jewelry, limited to 2,000 square feet per establishment, and as an exception to .limitations discussed in C R-1 GENERAL LIMITATIONS. ACCESSORY USES AND STRUCTURES -7- 1 U 1 d 8 1 CBD-1 CENTRAL BUSINESS DISTRICT As for CR. &Rd in ,d44t . wholesale --}eweleee and --eh •" --duet ism made jeipeler-y -Shal aeee s e e rly treeee and as a r EM1cpA fTnuc_ Section 5. Page 6 of said Official Schedule of District Regulations, made a part of said Ordinance 9500, is hereby amended, as follows: "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES * * * I-1 LIGHT INDUSTRIAL As for CG-2 provided that the limitations stated on horsepower of motors and capacity of punch presses shall not apply in this district. Further additions and exceptions are provided below, subject to limitations on "Transitional uses and structures": * * * Permitted Generally * * * 13. Automotive towing services, where not screened from view from public ways (other than alleys) or from adjoining residential districts by buildings, shall be enclosed by a solid masonry wall (with necessary openings) at least 6 feet in height, with no storage above the top of the wall. Section 6. All ordinances, Code Sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 7. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED AND ADOPTED ON FIRST READING BY TITLE ONLY this 27th day of March , 1986. PASSED AND ADOPTED ON SECOND READING BY TITLE ONLY this day of , 1986. ATTEST: XAVIER L. SUAREZ, Mayor MATTY HIRAI City Clerk PREPARED AND APPROVED BY: J()% E. MAXWELL/ Ashistant City Attorney APPROVED TO FORM AND CORRECTNESS: LOCILOCIA A. DOUG RTY City Attorney JEM/wpc/pb/P001 _9- 11 01 G 8 Matty Harai, City Clerk Att: Sylvia Lowman Joel E. M a x wo .l 1 Assistant City Attorney April 3, 1986 Amended "Q-1" Ordinance City Commission Meeting March 27, 1986; PZ- 4 Page 4; last sentence of first paragraph Attached hereto is an amended ordinance known as "Q-1" which was passed on first reading by the City Commission on March 27, 1986. This item was identified as PZ-4. Please include original of the item in your packet of legislation for said Commission meeting. You should be aware that the language (-)E the last sentence of the first paragraph of Page Four has been further refined. That new language has been sent to Aurelio Perez-Lugones, Director of the Planning and Zoning Boards Administration Department, for inclusion in the packet for the second reading on the subject item. ,7EM:bss:P063a cc: Aurelio Perez-Lugones { 10108 �R;. CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM PZ04 The Honorable Mayor and Members DATE March 17, 1986 FILE of the City Commission SUBJECT ORDINANCE - TEXT AMENDMENT AMENDMENT Q - 1 Cesar H. Odio City Manager 0 REFERENCES COMMISSION AGENDA - MARCH 27, 1986 E NCLOSJRES PLANNING AND ZONING ITEMS It is recommended by the Planning Department that amendments to the text of Ordinance 9500, the Zoning Ordinance of the City of Miami by amending ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003, Subsection 2003.7; ARTICLE 15. SPI SPECIAL PUBLIC INTEREST DISTRICTS, Section 1520, Subsection 1526.3; and ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003, Subsection 2003.7.4; and by amending the Official Schedule of District Regulations, page 3 for RO-3 RESIDENTIAL -OFFICE, Principal Uses and Structures; page 4 for CR-2 COMMERCIAL - RESIDENTIAL (COMMUNITY), Principal Uses and Structures; page 5 for CG-2 GENERAL COMMERCIAL, Transitional Uses, Structures and Requirements; and CBD-1 CENTRAL BUSINESS DISTRICT, Principal Uses and Structures and page 6, I-1 LIGHT INDUSTRIAL, Principal Uses and Structures be approved. Per City Commission Motion 86-62 on January 23, 1986, the Planning Advisory Board, at its meeting of March 19, 1986, Item 1, following an advertised hearing, will reconsider amendments to the text of Ordinance 9500, as amended, the Zoning Ordinance of the C i ty of Miami by amending ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7. Convenience Establishments as Accessory to Residential or Office Uses, by further consideration of accessory retail uses in certain zoning districts (RG-2.2, RG-3, RO-3 and 0-I) by adding an intent statement, adding additional criteria and limiting existing uses, which proposed amendment is part of Amendment "Q-1", which proposed amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami by amending ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, Section 1520. SPI-2 Coconut Grove Central Commercial District, Subsection 1526.3 Minimum Open Space Requirements, to delete reference to a "common wall" and substitute therefore It property line"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7.4. Limitations on Size 0 The Honorable Mayor and Members Page 2 March 17, 10,86 of Restaurants as Accessory Convenience Establishments, by revising the formula for computing the maximum size of, and seating in, restaurants; and by amending the Official Schedule of District Regulations, page 3, RO-3 RESIDENTIAL -OFFICE, Principle Uses and Structures, to re -format the language between permitted and permissible uses for clarity; page 4, CR-2 COMMERCIAL - RESIDENTIAL (COMMUNITY), Principal Uses and Structures, to generally permit radio and television studios, providing further that radio and television studios with exterior antennae are permissible only by special permit; page 5, CG-2 GENERAL COMMERCIAL, Transitional Uses, Structures and Requirements, to provide that certain specified uses must observe a 50 foot transitional area where they adjoin RS-1, RS-2, RG, RO or 0-I districts, providing that reduction of the transitional area is permissible by special permit, providing limitations; and CBD-1 CENTRAL BUSINESS DISTRICT, Principal Uses and Structures, to generally permit wholesale jewelers and jewelry fabrication and production subject to limitations and exceptions and deleting the corresponding language under Accessory Uses and Structures, and page 6, I-1 LIGHT INDUSTRIAL, Principal Uses and Structures, to generally permit automotive towing services, subject to limitations. This petition and the recommendations of the Planning Advisory Board will be presented at the City Commission meeting. At the Commission meeting of December 19, 1985, Amendment "Q" was continued pending further discussion of the proposed amendment to Sections 2020.2.1 and 2020.2.2 pertaining to the parking or storage of boats and boat trailers in front yard areas of residential zoning districts. As an administrative expediency, Amendment "Q" has now been divided into two _ proposed amendments: Amendment "Q-1" is former Amendment "Q" less the amending language pertaining to Sections 2020.2.1 and 2020.2.2 (boats and boat trailers) and Amendment "Q-2" pertains only to Sections 2020.2.1 and 2020.2.2 (boats and trailers). Backup information is included for your information. An ORDINANCE to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: APPROVAL l 01j " 0 PLANNING FACT SHEET APPLICANT City of Miami Planning Department: February 28, 1986 (Amendment Q-1) PETITION 1. Per Motion 86-62; January 23, 1986, reconsideration of ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7. Convenience Establishments as Accessory to Residential or Office Uses, by further consideration of accessory retail uses in certain zoning districts (RG-2.2, RG-3, RO-3 and 0-I) by adding an intent statement, adding additional criteria and limiting existing uses, which proposed amendment is part of Amendment "Q-1", which proposed amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami by amending ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, Section 1520. SPI-2 Coconut Grove Central Commercial District, Subsection 1526.3 Minimum Open Space Requirements, to delete reference to a "common wall" and substitute therefore "property line"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7.4. Limitations on Size of Restaurants as Accessory Convenience Establishments, by revising the formula for computing the maximum size of, and seating in, restaurants; and by amending the Official Schedule of District Regulations, page 3, RO-3 RESIDENTIAL -OFFICE, Principle Uses and Structures, to re -format the language between permitted and permissible uses for clarity; page 4, CR-2 COMMERCIAL -RESIDENTIAL (COMMUNITY), Principal Uses and Structures, to generally permit radio and television studios, providing further that radio and television studios with exterior antennae are permissible only by special permit; page 5, CG-2 GENERAL COMMERCIAL, Transitional Uses, Structures and Requirements, to provide that certain specified uses must observe a 50 foot transitional area where they adjoin RS-1, RS-2, RG, RO or 0-I districts, providing that reduction of the transitional area is permissible by special permit, providing limitations; and CBD-1 CENTRAL BUSINESS DISTRICT, Principal Uses and Structures, to generally permit wholesale jewelers and jewelry PAB 2/28/86 Item #1 Page 1 101U # 0 fabrication and production subject to limitations and exceptions and deleting the corresponding language under Accessory Uses and Structures, and page 6, I-1 LIGHT INDUSTRIAL, Principal Uses and Structures, to generally permit automotive towing services, subject to limitations. BACKGROUND The Planning Department has met with the Zoning Division, Fire, Rescue and Inspection Services Department to review various problems in administering Zoning Ordinance 9500. Per Motion 86-62; January 23, 1986, the transcribed minutes of commission consideration of proposed Amendment Q-1 are attached. ANALYSIS These proposed amendments would: 1. Substitute "property line" as the reference for open space requirements in SPI-2 Coconut Grove Central Commercial District; there are no "common walls" in Miami. 2. Add an intent statement that convenience establishments, accessory to residential or office use, in RG-2.2 RG-3, R(1-3 and 0- districts are primarily intended for occupants of the principal use, and restrict the accessory restaurant use to owners, renters and residents and their guests) of the principal use. Further, the formulas would be changed for computing size of, and, seating in restaurants, where they are accessory convenience establishments in certain residential and office districts (RG-2.2, RG-3, RO-3 or 0-I). The effect would be to both reduce the size of restaurants and increase the allowable seating. 3. Reformat the language as between permitted and permissible uses in RO-3. The substance of the language remains identical. 4. Allow radio and television studios in CR-2; however, exterior antennae would be permissible by Class C special permit only. 5. Conform an exception to the 50' transitional areas for specified uses in CG-2 when they abut R - , R - , RG, RO and 0- districts to the same exception for CG-1 i.e. the area PAB 2/28/86 Item #1 Page 2 1 010 a 7T .�W-Nmw... 0 RECOMMENDATIONS could be reduced to 10' by Class C permit where the adjoining district is RO-1 or 0-I or by special exception where the adjoining district is RS-1, RS-2 or RG, subject to limitations. 6. Permit wholesale jewelers, and jewelry fabrication and production in the C3D-1 district rather than an accessory use, subject to a limit on the size of the establishment. 7. Permit automotive towing services in I-1 subject to limitations, when next to public ways or residential districts. PLANNING DEPT. Approval PLANNIIG ADVISORY BGARD At its meeting of November 20, 1985, the Planning Advisory Board adopted Resolution PAB 64-85 by a 6 to 0 vote, recommending approval of amendments to Sections 1520, 1526, 2003 and amendments to the Schedule of District Regulations, page 3 for RO-3, page 4 for CR-2 page 5 for CG-2 and CBD-1 and page 6 for I-1, with a recommendation of denial of amendments to Section 2020. (Note: the Planning Department subsequently detached the amendment to Section 2020 as Amendment "Q-2"). CITY COMMISSION PLANNING DEPARTMENT Continued, at its meeting of December 19, 1985. Referred to the Planning Advisory Board, by Motion 86-62; January 23, 1986, to consider whether accessory retail uses in condominium or apartments in residential areas should be limited to the occupants of the subject premises. Approval of further Subsection 2003.7. amendments to PAB 2/29/86 Item #1 Page 3 1 010 - ' - w +. �l�k< �•�r .. ate _ — — 0 :ncved 1 t 3 '.tdoptioIl. RE,-3JLUT 10Iv PAB 1 ' -= F-) RE:30LJi 1 U N REC0MMENDING TO THE CI"2Y CJ;�II,IISSION THAT SPECIAL CONSIDERATION BE GIVEN TO HAMILTON ON THE BAY LOCATED AT 555 NE 34 STREET, ALSO DESCRIBED AS TRACT "A", BAYPOINT PLACE �1171-87) P.R.D.C., AT TIME OF PUBLIC HEARING BASED ON CERTAIN EQUITIES WHICH WERE BROUGHT TO THE PLANNING ADVISORY BOARD'S ATTENTION. Upon being seconded by Ms. Dorothy Spohn, the motion was passed and adopted by the following vote: AYES: Ms. Hadley and Spohn Messrs. Lopez, Asmar, Benjamin, Manes, Pedraza and Simon NAYES : :lone. ABSENT: Messrs. Armesto-Garcia and Gomez Mr. McManus: ,lotion carries 8 to 0. l 010� March 19, 1986, Item 1 Planning Advisory Board / (AMENDMENT Q-1 ) Revi,�;Pi 3%18 RESOLUTION NO. ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, SECTION 1520. SPI 22 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, SUBSECTION 1526.3 MINIMUM OPEN SPACE REQUIREMENTS, TO DELETE REFERENCE TO A "COMMON WALL" AND SUBSTITUTE THEREFORE "PROPERTY LINE"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2003. ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.7. CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES, BY ADDING AN INTENT STATEMENT, SUBSECTION 2003.7.4. LIMITATIONS ON SIZE OF RESTAURANTS AS ACCESSORY CONVENIENCE ESTABLISHMENTS, BY AMENDING THE TITLE, ADDING ADDITIONAL CRITERIA BY ESTABLISHING A SPECIAL RESTAURANT CATEGORY, LIMITING EXISTING USES AND BY REVISING THE FORMULA FOR COMPUTING THE MAXIMUM SIZE OF, AND SEATING IN, RESTAURANTS; AND BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGE 3, RO-3 RESIDENTIAL -OFFICE, PRINCIPLE USES AND STRUCTURES, TO RE -FORMAT THE LANGUAGE BETWEEN PERMITTED AND PERMISSIBLE USES FOR CLARITY; PAGE 4, CR-2 COMMERCIAL -RESIDENTIAL (COMMUNITY), PRINCIPLE USES AND STRUCTURES, TO GENERALLY PERMIT RADIO AND TELEVISION STUDIOS, PROVIDING FURTHER THAT RADIO AND TELEVISION STUDIOS WITH EXTERIOR ANTENNAE ARE PERMISSIBLE ONLY BY SPECIAL PERMIT; PAGE 5, CG-2 GENERAL COMMERCIAL, TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS, TO PROVIDE THAT CERTAIN SPECIFIED USES MUST OBSERVE A 50 FOOT TRANSITIONAL AREA WHERE THEY ADJOIN RS-1, RS- 2, RG, RO AND 0-I DISTRICTS, PROVIDING THAT REDUCTION OF THE TRANSITIONAL AREA IS PERMISSIBLE BY SPECIAL PERMIT, PROVIDING LIMITATIONS; AND CBD-1 CENTRAL BUSINESS DISTRICT, PRINCIPLE USES AND STRUCTURES, TO GENERALLY PERMIT WHOLESALE JEWELERS AND JEWELRY FABRICATION AND PRODUCTION SUBJECT TO LIMITATIONS AND EXCEPTIONS AND DELETING THE CORRESPONDING LANGUAGE UNDER ACCESSORY USES AND STRUCTURES, AND PAGE 6, I-1 LIGHT INDUSTRIAL, PRINCIPAL USES AND STRUCTURES, TO GENERALLY PERMIT AUTOMOTIVE TOWING SERVICES, SUBJECT TO LIMITATIONS, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its meeting of November 20, 1985, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 64-85, by a 6 to 0 vote, RECOMMENDING APPROVAL of amending Ordinance No. 9500, as amended, as hereinafter set forth, with the exception of Section 2020 pertaining to parking and storage of boats and boat trailers, which received, within PAB 64-85, a RECOMMENDATION OF DENIAL; and Page 1 of 8 ►10108 � 0 10 WHEREAS, the Planning Department subsequently detached amendments to Section 2020 as Amendment "Q-2", as an administrative expediency; and WHEREAS, the City Commission, by Motion 86-62, January 23, 1986, referred this proposed amendment to the Planning Advisory Board to consider whether accessory retail uses on condominiums or apartments in residential areas should be limited to the occupants of the subject premises; and WHEREAS, the Miami Planning Advisory Board, at its meeting of March 19, 1986, Item #1, following an advertised hearing, adopted Resolution No. PAB -86, by a to vote, RECOMMENDING of amending Ordinance No. 9500, as amended, as hereinafter, set forth; and WHEREAS, the City Commission, after 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 grant these amendments, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 9500, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:I "ARTICLE 15. SPI SPECIAL PUBLIC INTEREST DISTRICTS SECTION 1520. SPI-2: COCONUT GROVE CENTRAL COMMERCIAL DISTRICT. SECTION 1526. MINIMUM LOT REQUIREMENTS: FLOOR AREA LIMITATIONS: MINIMUM OPEN SPACE REQUIREMENTS. 1526.3. Minimum Open Space Requirements. 1526.3.1. Minimum Yards. Except as required in specified transitional locations, yards adjacent to streets and interior side and rear yards (where buildings are not built to a reemmen property line) shall be at least five (5) feet in depth or widtfi, as appropriate to lot orientation. 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. Asterisk indicate omitted and unchanged material. Page 2 of 8 10. Q' ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS SECTION 2003. ACCESSORY USES AND STRUCTURES. 2003.7. Convenience Establishments As Accessory To Residential or Office Uses. It is the intent of this section that convenience establishments, accessory to residential or offices uses, are primarily intended for the use of occupants of the principal use and their guests. In RG-2.2, RG- 3, RO-3 and 0-I districts, convenience establishments shall be permitted as accessory to residential or office uses subject to the following requirements and limitations. 2003.7.4. Applications for, and Limitations on Size of Restaurants as Accessory Convenience Establishments. All applications for a special permit under this subsection shall contain a listing of all owners (condominium), renters (residential apartment) or lessees (office), as the case may be, indicating their approval (or disapproval): the disapproval of a majority of the owners, renters, or lessees, as the case may be, will create a rebuttable presumption that a restaurant of this type would not be in the best interests of the owners, renters or lessees as the case may be. The application shall also acknowledge that the restaurant use is to be restricted to owners, renters or lessees (and their accompanied guests) of the residential Page 3 of 8 1 0� 0 0 and/or office units in the principal use; and that the applicant is prepared to offer a covenant to that effect. All such accessory restaurant uses in existance on adoption of this paragraph and, not complying with the terms of this subsection, are deemed non —conforming uses, pursuant to Section 3403.4. Certificates of Use for Non —Conforming Uses, of this ordinance. Where restaurants are accessory to residential uses, gross area shall not exceed an amount equal to twenty "^' fifteen 15) square feet for each dwelling or lodging unit, and the maximum number of seats shall be two thirds- (2/3) of , one (1) seat per dwelling or lodging unit, but not more than three hundred (300). Th,se maximums include any waiting lounge areas. Seating in waiting lounge areas shall not exceed twenty (20) percent of total seating. Where restaurants are accessory to office uses, total area shall not exceed an amount equal to one square foot for each twenty (20) square feet of gross floor area in office use, not to exceed three thousand (3,000) square feet. Section 2. Page 3 of the Official Schedule of District Regulations, made a part of ordinance 9500, is hereby amended as follows. "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES Page 4 of 8 I1 ID I �� v RO-3 Residential - Office in) permitted generally, and driye in bankin 1--lities, permissible Permitted Generally 1. Banks and savings and loans (other than drive-in), medical reference laboratories, travel agents. Permissible Only by Special Permit 1. Drive-in banking facilities, permissible only by special exception with City Commission approval. Section 3. Page 4 of said Official Schedule of District Regulations is amended as follows: "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES CR-2. COMMERCIAL -RESIDENTIAL (COMMUNITY) As for CR-1, except as provided below, and in addition: Permitted Generally 7. Radio and television broadcasting studios, without exterior antennae Permissible Only by Special Permit 7. By Class C special permit only, exterior antennae of radio and television studios Section 4. Page 5 of said Schedule of District Regulations, is hereby amended as follows: "USES AND STRUCTURES TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS Page 5 of 8 1 0108 J� r ------------- CG-2. GENERAL COMMERCIAL Transitional Requirements and Limitations As for CG-1, and in addition: Where lots in this district directly adjoin lots in RS-1, RS-2, RG, RO or 0-I at the side or rear, this --di strict with -ir a 50 4,-ei: foot transitional area is established e4 the d4st-r-4-e-t-b from which the following uses are otherwise excluded: a. Freight or truck yards or terminals. * g. Wholesale rebuilding of automotive parts, automotive overhauling, automotive paint and body shops. Where lots directly adjoin RO or 0-I districts, at the side or rear, this transitional area may be reduced to 10 feet from district boundary with Class C special permit; where lots directly adjoin RS-1, RS-2 or RG districts at the side or rear, this transitional area may be reduced to 10 feet from the district boundary by special exception. In all such instances, a minimum 10 foot landscaped area shall be provided next to the district boundary, the exterior building wall parallel to and nearest to the property line shall be soundproof with no windows or vents, and no vents shall be permitted on the roof within 5 feet of said exterior wall. USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES CBD-1 CENTRAL BUSINESS DISTRICT As for CR-3 with the following exceptions and modifications: * Permitted Generally * 1. Hotels, including residence and apartment hotels, without limitation as to accessory uses or combinations with other permitted uses. 01081 Pae6of8 1� g —r 5. Wholesale jewelers and the fabrication/production of custom made jewelry, limited to 2,000 square feet per establishment, and as an exception to limitations discussed in CR-1 GENERAL LIMITATIONS. * ACCESSORY USES AND STRUCTURES * * CBD-1 CENTRAL BUSINESS DISTRICT As for CR. Jewelery shall be permitted as an aec-essery use to retail GENERAL LIMITATIONS. Section 5. Page 6 of said Official Schedule of District Regulations, made a part of said Ordinance 9500, is hereby amended, as follows: "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES * * * I-1 LIGHT INDUSTRIAL As for CG-2 provided that the limitations stated on horsepower of motors and capacity of punch presses shall not apply in this district. Further additions and exceptions are provided below, subject to limitations on "Transitional uses and structures": * * * Permitted Generally * * * 13. Automotive towing services, where not screened from view from public ways (other than alleys) or from adjoining residential districts by buildings, shall be enclosed by a solid masonry wall (with necessary openings) at least 6 feet in height, with no storage above the top of the wall. Section 6. All ordinances, Code Sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Page 7 of 8 11010813 Section 7. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED AND ADOPTED ON FIRST READING BY TITLE ONLY this day of , 1986. PASSED AND ADOPTED ON SECOND READING BY TITLE ONLY this day of . 1986. ATTEST: MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: •JOE E. MAXWELL ASSISTANT CITY ATTORNEY XAVIER L. SUAREZ, MAYOR APPROVED AS TO FORM AND CORRECTNESS: L CIA A. DOUGHERTY CITY ATTORNEY Page 8 of 8 10106 010 6 �7 ) q a __ _. ._ _. .:..._.... i.+. cu. .. _s._. .. ►.�a-.DIY--��. _ Sylvia Lo-,,.:man May 5, 1986 City Clerk's Office Amendment (Q-1) Resolution �'f,— E. Maxwe l Corrected Clerical Error 4sistant Ci y Attorney The above original legislation was scheduled on the April 22, 1986, Agenda and continued to the May 22nd Agenda. Please replace the first page of proposed (Amendment Q-1) Resolution with the attached corrected copy (designated by an asterisk in the upper right-hand corner). This corrects a clerical error in the original document. Thank you for your prompt attention to this matter. If you have any questions, please feel free to contact me or my secretary. 10108 El 9 CITY OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM P Z -13 TO The Honorable Mayor and Members o^TE April 15, 1986 FILE of the City Commission sue.jECT ORDINANCE - TEXT AMENDMENT r AMENDMENT Q - 1 Cesar H. Odio FROM � � REFERENCES - City Manager v COMMISSION AGENDA - APRIL 22, 1986 ENCLOSURES. PLANNING AND ZONING ITEMS It is recommended by the Planning Advisory Board that amendments to the text of Ordinance 9500, the Zoning Ordinance of the City of Miami by amending ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003, Subsection 2003.7; ARTICLE 15. SPI SPECIAL PUBLIC INTEREST DISTRICTS, Section 1520, Subsection 1526.3; and ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003, Subsection 2003.7.4; and by amending the Official Schedule of District Regulations, page 3 for RO-3 RESIDENTIAL -OFFICE, Principal Uses and Structures; page 4 for CR-2 COMMERCIAL - RESIDENTIAL (COMMUNITY), Principal Uses and Structures; page 5 for CG-2 GENERAL COMMERCIAL, Transitional Uses, Structures and Requirements; and CBD-1 CENTRAL BUSINESS DISTRICT, Principal Uses and Structures and page 6, I-1 LIGHT INDUSTRIAL, Principal Uses and Structures be approved. Per City Commission Motion 86-62 on January 23, 1986, the Planning Advisory Board, at its meeting of March 19, 1986, Item 1, following an advertised hearing, adopted Resolution PAB 10-86 by a 6 to 2 vote, recommending approval of amendments to the text of Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami by amending ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7. Convenience Establishments as Accessory to Residential or Office Uses, by further consideration of accessory retail uses in certain zoning districts (RG-2.2, RG-3, RO-3 and 0-I) by adding an intent statement, adding additional criteria and limiting existing uses, which proposed amendment is part of Amendment "Q-111, which proposed amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami by amending ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, Section 1520. SPI-2 Coconut Grove Central Commercial District, Subsection 1526,3 Minimum Open Space Requirements, to delete reference to a "common wall" and substitute therefore "property line"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7.4. Limitations on Size of Restaurants 10108 The Honorable Mayor and Members Page 2 of the City Commission April 15, 1986 as Accessory Convenience Establishments, by revising the formula for computing the maximum size of, and seating in, restaurants; and by amending the Official Schedule of District Regulations, page 3, RO-3 RESIDENTIAL -OFFICE, Principle Uses and Structures, to re -format the language between permitted and permissible uses for clarity; page 4, CR -2 COMMERCIAL -RESIDENTIAL (COMMUNITY), Principal Uses and Structures, to generally permit radio and television studios, providing further that radio and television studios with exterior antennae are permissible only by special permit; page 5, CG-2 GENERAL COMMERCIAL, Transitional Uses, Structures and Requirements, to provide that certain specified uses must observe a 50 foot transitional area where they adjoin RS-1, RS-2, RG, RO or 0-I districts, providing that reduction of the transitional area is permissible by special permit, providing limitations; and CBD-1 CENTRAL BUSINESS DISTRICT, Principal Uses and Structures, to generally permit wholesale jewelers and jewelry fabrication and production subject to limitations and exceptions and deleting the corresponding language under Accessory Uses and Structures, and page 6, I-1 LIGHT INDUSTRIAL, Principal Uses and Structures, to generally permit automotive towing services, subject to limitations. At the Commission meeting of December 19, 1985, Amendment "Q" was continued _ pending further discussion of the proposed amendment to Sections 2020.2.1 and 2020.2.2 pertaining to the parking or storage of boats and boat trailers in front yard areas of residential zoning districts. As an administrative expediency, Amendment "Q" has now been divided into two proposed amendments: Amendment "Q-1" is former Amendment "Q" less the amending language pertaining to Sections 2020.2.1 and 2020.2.2 (boats and boat trailers) and Amendment "Q-2" pertains only to Sections 2020.2.1 and 2020.2.2 (boats and trailers). Backup information is included for your information. An ORDINANCE to provide for the above has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. AEPL:111 cc: Law Department NOTE: Planning Department recommends: APPROVAL 01 4$ I il PLANNING FACT SHEET APPLICANT City of Miami Planning Department: February 28, 1986 (Amendment Q-1) PETITION 1. Per Motion 86-62; January 23, 1986, reconsideration of ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7. Convenience Establishments as Accessory to Residential or Office Uses, by further consideration of accessory retail uses in certain zoning districts (RG-2.2, RG-3, RO-3 and 0-I) by adding an intent statement, adding additional criteria and limiting existing uses, which proposed amendment is part of Amendment "Q-111, which proposed amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami by amending ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, Section 1520. SPI-2 Coconut Grove Central Commercial District, Subsection 1526.3 Minimum Open Space Requirements, to delete reference to a "common wall" and substitute therefore "property line"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, Section 2003. Accessory Uses and Structures, Subsection 2003.7.4. Limitations on Size of Restaurants as Accessory Convenience Establishments, by revising the formula for computing the maximum size of, and seating in, restaurants; and by amending the Official Schedule of District Regulations, page 3, RO-3 RESIDENTIAL -OFFICE, Principle Uses and Structures, to re -format the language between permitted and permissible uses for clarity; page 4, CR-2 COMMERCIAL -RESIDENTIAL (COMMUNITY), Principal Uses and Structures, to generally permit radio and television studios, providing further that radio and television studios with exterior antennae are permissible only by special permit; page 5, CG-2 GENERAL COMMERCIAL, Transitional Uses, Structures and Requirements, to provide that certain specified uses must observe a 50 foot transitional area where they adjoin RS,-10 RS-2, RG, RO or 0-I districts, providing that reduction of the transitional area is permissible by special permit, providing limitations; and CBD-1 CENTRAL BUSINESS DISTRICT, Principal Uses and Structures, to generally permit wholesale jewelers and jewelry PAB 2/28/86 Item #1 Page 1 .�s 0 10 8 fabrication and production subject to limitations and exceptions and deleting the corresponding language under Accessory Uses and Structures, and page 6, I-1 LIGHT INDUSTRIAL, Principal Uses and Structures, to generally permit automotive towing services, subject to limitations. BACKGROUND The Planning Department has met with the Zoning Division, Fire, Rescue and Inspection Services Department to review various problems in administering Zoning Ordinance 9500. Per Motion 86-62; January 23, 1986, the transcribed minutes of commission consideration of proposed Amendment Q-1 are attached. ANALYSIS These proposed amendments would: 1. Substitute "property line" as the reference for open space requirements in SPI-2 Coconut Grove Central Commercial District; there are no "common wal I s" in Miami. 2. Add an intent statement that convenience establishments, accessory to residential or office use, in RG-2.2 RG-3, d 0- districts are primarily intended for occupants of the principal use, and restrict the accessory restaurant use to owners, renters and residents and their guests) of the principal use.. Further, the formulas would be changed for computing size of, and, seating in restaurants, where they are accessory convenience establishments in certain residential and office districts (RG-2.2, RG-3, RO-3 or 0-I). The effect would be to both reduce the size of restaurants and increase the allowable seating. 3. Reformat the language as between permitted and permissible uses in RO-3. The substance of the language remains identical. 4. Allow radio and television studios in CR-2; however, exterior antennae would be permissible by Class C special permit only. 5. Conform an exception to the 50' transitional areas for specified uses in CG-2 when they abut - , - , RG, R and -I istricts to the same exception for CG-1 i.e. the area PAB 2/28/86 Item #1 Page 2 110108 q 0 could be reduced to 10' by Class C permit where the adjoining district is RO-1 or 0-I or by special exception where the adjoining district is RS-1, RS-2 or RG, subject to limitations. 6. Permit wholesale jewelers, and jewelry fabrication and production in the CBD-1 district rather than an accessory use, subject to a limit on the size of the establishment. 7. Permit automotive towing services in I-1 subject to limitations, when next to public ways or residential districts. RECOMMENDATIONS PLANNING DEPT. Approval PLANNING ADVISORY BGARD At its meeting of November 20, 1985, the Planning Advisory Board adopted Resolution PAB 64-85 by a 6 to 0 vote, recommending approval of amendments to Sections 1520, 1526, 2003 and amendments to the Schedule of District Regulations, page 3 for RO-3, page 4 for CR-2 page 5 for CG-2 and CBD-1 and page 6 for I-1, with a recommendation of denial of amendments to Section 2020. (Note: the Planning Department subsequently detached the amendment to Section 2020 as Amendment 1 -2"). CITY COMMISSION Continued, at its meeting of December 19, 1985. Referred to the Planning Advisory Board, by Motion 86-62; January 23, 1986, to consider whether accessory retail uses in condominium or apartments in residential areas should be limited to the occupants of the subject premises. PLANNING DEPARTMENT Approval of further amendments to Subsection 2003.7. PLANNING ADVISORY BOARD At its meeting of March 19, 1986, the Planning Advisory Board adopted Resolution PAB 10-86 by an 8 to 0 vote, recommending approval of the above; the Planning Advisory Board further adopted Resolution PAB 11-86 by an 8 to 0 vote, recommending to the City Commission that special consideration be given to Hamilton on the Bay at time of public hearing based on certain equities which were brought to the Planning Advisory Board's attention. PAB 2/28/86 Item #1 Page 3 CITY COMMISSION At its meeting of March 27, 1986, the City Commission passed the above on First Reading, as amended. At its meeting of April 22, 1986, the City Commission continued action on the above. PAB 2/28/86 Item #1 Page 4 '1 0109 �',tvy.� fi'�'Ai9-""0.�°?rm"'*��,-yk .'ir . vonald 3en-:-=in offered .ne -J1`Low--19 Reso!,-1�ion and moved its adoption. RESOLUTION PAB 10-86 RESOLUTION RECOMMENDING APPROVAL IO THE CITY COMMISSION PER MOTION 86-62; JANUARY 23, 1986, RECONSIDERATION OF ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2003. ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.7• CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES, BY FURTHER CONSIDERATION OF ACCESSORY RETAIL USES IN CERTAIN ZONING DISTRICTS (RG-2.2, RG-3, RO-3 AND 0-I) BY ADDING AN INTENT STATEMENT, ADDING ADDITIONAL CRITERIA AND LIMITING EXISTING USES, WHICH PROPOSED AMENDMENT IS PART OF AMENDMENT N-1", WHICH PROPOSED AMENDING ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI BY AMENDING ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, SECTION 1520. SPI-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, SUBSECTION 1526.3 MINIMUM OPEN SPACE REQUIREMENTS, TO DELETE REFERENCE TO A "COMMON WALL" AND SUBSTITUTE THEREFORE "PROPERTY LINE"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2003. ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.7.4. LIMITATIONS ON SIZE OF RESTAURANTS AS ACCESSORY CONVENIENCE ESTABLISHMENTS, BY REVISING THE FORMULA FOR COMPUTING THE MAXIMUM SIZE OF, AND SEATING IN, RESTAURANTS; AND BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGE 3, RO-3 RESIDENTIAL -OFFICE, PRINCIPLE USES AND STRUCTURES, TO RE -FORMAT THE LANGUAGE BETWEEN PERMITTED AND PERMISSIBLE USES FOR CLARITY; PAGE 4, CR-2 COMMERCIAL -RESIDENTIAL (COMMUNITY), PRINCIPAL USES AND STRUCTURES, TO GENERALLY PERMIT RADIO AND TELEVISION STUDIOS, PROVIDING FURTHER THAT RADIO AND TELEVISION STUDIOS WITH EXTERIOR ANTENNAE ARE PERMISSIBLE ONLY BY SPECIAL PERMIT; PAGE 5, CG-2 GENERAL COMMERCIAL, TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS, TO PROVIDE THAT CERTAIN SPECIFIED USES MUST OBSERVE A 50 FOOT TRANSITIONAL AREA WHERE THEY ADJOIN RS-1, RS-2, RG, RO OR 0-I DISTRICTS, PROVIDING THAT REDUCTION OF THE TRANSITIONAL AREA IS PERMISSIBLE BY SPECIAL PERMIT, PROVIDING LIMITATIONS; AND CBD-1 CENTRAL BUSINESS DISTRICT, PRINCIPAL USES AND STRUCTURES, TO GENERALLY PERMIT WHOLESALE JEWELERS AND JEWELRY rFABRICATION AND PRODUCTION SUBJECT TO LIMITATIONS AND EXCEPTIONS AND DELETING THE CORRESPONDING LANGUAGE UNDER ACCESSORY USES AND STRUCTURES, AND PAGE 6, I-1 LIGHT INDUSTRIAL, PRINCIPAL USES AND STRUCTURES, TO GENERALLY PERMIT AUTOMOTIVE TOWING SERVICES, SUBJECT TO LIMITATIONS. Upon being seconded by Ms. Dorothy Spohn, the motion was passed and adopted by the following vote: AYES: Ms. Hadley and Spohn Messrs. Lopez, Benjamin, Manes and Simon NAYES: Messrs. Asmar and Pedraza ABSENT: Messrs. Armesto-Garcia and Gomez ?r. McManus: Motion carries 6 to 2. 0lud March 19, 1986, Item 1 Planning Advisory Board w�• • ... .y :1 i .. ii ..:.l i a � j •J T �. � : a'1 � : 1 � i '... � � � .V � 5 :Z `� : i� 1 � � � ., % �. n moved -`s ado -lion. RES0LUT. PA3 11;- 6 RLSOLUTIJN RECOMMENDLNG TO THE CLTY =%1M:SSLON THAT SPECIAL CONSLDERATTJN 3E GL V EN TO HAMILTON ON THE BAY LOCATED AT 375 �vE 34 STREET, ALSO DESCRIBED AS TRACT "A" BAYPOLNT PLACE �11r-3i) P.R.D.C., AT TLC O� PUBLIC HEARING BASED ON CERTAIN "EQUITIES WHICH WERE BROUGHT TO THE PLANNING ADVLS-)RY BOARD'S ATTENTION. Upon being seconded by Ms. Dorothy Spohn, the motion was passed and adopted by the following vote: AYES: Ms. Hadley and Spohn Messrs. Lopez, Asmar, Benjamin, Manes, Pedraza and Simon NAPES: None. ABSENT: Messrs. Armesto-Garcia and Gomez Mr. McManus: Motion carries 8 to 0. 10108 ;March 19, 1986, Item 1 Planning Advisory Board G 0 i CITY OF MIAMI. FLORIOA INTER -OFFICE MEMORANDUM TO Aurelio Perez-Lugone's, Director DATE April 3, 1986 "LE Planning and Zoning Boards Administration sUeJE=T Amended "Q-1" Ordinance (April 3, 1986) REFERENCES .Joel E. Maxwell Page 4; last sentence of Assistant City Attorney ENCLOSURES first paragraph (1) Attached hereto is amended legislation known as "Q-1" which was passed by the City Commission on first reading March 27, 1986. Said legislation was amended on the floor and the March 27th amended language of the referenced material is presently in the hands of the City Clerk. The referenced language has been further refined by this Office and is reflected in the attached document. All parties should be aware that this language, though different than that read into the record during the March 27, 1986, City Commission meeting, and shown in the original now in the City Clerk's Office, is substantially and materially the same. The attached ordinance, which shows a revision date of April 3, 1986, is the legislation which should be distributed for the next City Commission Planning and Zoning Agenda this matter appears on. JEM:bss:P064a cc: Lucia A. Dougherty Matty Hirai Sergio Rodriguez 10108 J-86-264 Rev. 3/18/86 Rev. 4/3/86 Rev. 4/15/86 (AMENDMENT Q-1) RESOLUTION NO. ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, SECTION 1520. SPI-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, SUBSECTION 1526.3 MINIMUM OPEN SPACE REQUIREMENTS, TO DELETE REFERENCE TO A "COMMON WALL" AND SUBSTITUTE THEREFORE "PROPERTY LINE"; ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, SECTION 2003. ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.7. CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES, By ADDING AN INTENT STATEMENT, SUBSECTION 2003.7.4. LIMITATIONS ON SIZE OF RESTAURANTS AS ACCESSORY CONVENIENCE ESTABLISHMENTS, BY AMENDING THE TITLE, ADDING ADDITIONAL CRITERIA BY ESTABLISHING A SPECIAL RESTAURANT CATEGORY, LIMITING EXISTING USES AND BY REVISING THE FORMULA FOR COMPUTING THE; MAXIMUM SIZE OF, AND SEATING IN, RESTAURANTS; AND BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGE 3, RO-3 RESIDENTIAL -OFFICE, PRINCIPLE USES AND STRUCTURES, TO RE -FORMAT THE LANGUAGE BETWEEN PERMITTED AND PERMISSIBLE USES FOR CLARITY; PAGE 4, CR-2 COMMERCIAL -RESIDENTIAL (COM- MUNITY), PRINCIPLE USES AND STRUCTURES, TO GENERALLY PERMIT RADIO AND TELEVISION STUDIOS, PROVIDING FURTHER THAT RADIO AND TELEVISION STUDIOS WITH EXTERIOR ANTENNAE ARE PERMISSIBLE ONLY BY SPECIAL PERMIT; PAGE 5, CG-2 GENERAL COMMERCIAL, TRANSITIONAL USrvS, STRUCTURES AND REQUIREMENTS, TO PROVIDE THAT CERTAIN SPECIFIED USES MUST OBSERVE A 30 FOOT TRANSITIONAL AREA WHERE THEY ADJOIN RS-1, RS-2, RG, RO AND 0-I DISTRICTS, PROVIDING THAT REDUCTION OF THE TRANSITIONAL AREA IS PERMISSIBLE BY SPECIAL PERMIT, PROVIDING LIMITATIONS; AND CBD-1 CENTRAL BUSINESS DISTRICT, PRINCIPLE USES AND STRUCTURES, -r0 GENERALLY PERMIT WHOLESALE JEWELERS AND JEWELRY FABRICATION AND PRODUCTION SUBJECT TO LIMITATIONS AND EXCEPTIONS AND DELETING THE CORRESPONDING LANGUAGE UNDER ACCESSORY USES AND STRUCTURES, AND PAGE 6, I-1 LIGHT INDUSTRIAL, PRINCIPAL USES AND STRUCTURES, TO GENERALLY PERMIT AUTOMOTIVE TOWING SERVICES, SUBJECT TO LIMITATIONS, CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its me?cing 3f November 20, 1985, Item No. 1, following an advertise Nearing, adopted Resolution No. PAS 64-85, by a 6 to U vote, RcCOMMENDING APPROVAL of amending Ordinance No. 950U, as amended, �1 0 as hereinafter set forth, with the exception of Section 2020 pertaining to parking and storage of boats and boat trailers, which received, within PAB 64-85, a RECOMMENDATION OF DENIAL; and WHEREAS, the Planning Department subsequently detached amendments to Section 2020 as Amendment "Q-2", as an administrative expediency; and WHEREAS, the City Commission, by Motion 86-62, January 23, 1986, referred this proposed amendment to the Planning Advisory Board to consider whether accessory retail uses on condominiums or apartments in residential areas should be limited to the — occupants of the subject premises; and WHEREAS, the Miami Planning Advisory Board, at its meeting of March 19, 1986, Item #1, following an advertised hearing, adopted Resolution No. PAB 10-86, by a 6 to 2 vote, RECOMMENDING - APPROVAL of amending Ordinance No. 9500, as amended, as hereinafter, set forth; and WHEREAS, the City Commission, after 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 grant - these amendments, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 9500, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:1 "ARTICLE 15. SPI SPECIAL PUBLIC INTEREST DISTRICTS * * * SECTION 1520. SPI-2:000ONUT GROVE CENTRAL COMMERCIAL DISTRICT. * 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. Asterisk indicate anitted and unchanged material. -2- 10108 �' SECTION 1526. MINIMUM LOT REQUIREMENTS: FLOOR AREA LIMITATIONS: MINIMUM OPEN SPACE REQUIREMENTS. 1526.3. Minimum Open Space Requirements. 1526.3.1. Minimum Yards. Except as required in specified transitional locations, yards adjacent to streets shall be at least five (5) feet in depth,_ and interior side and rear yards (where buildings are not built to a eemmen w property line) shall be at least five (5) feet in depth or width, as appropriate to lot orientation. ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS SECTION 2003. ACCESSORY USES AND STRUCTURES. 2003.7. Convenience Establishments As Accessory To Residential or Office Uses. It is the intent of this section that convenience establishments, accessory to residential or offices uses, are primarily intended for the use of occupants of the principal use and their guests. In RG-2.2, RG-3, RO-3 and 0-I districts, convenience establishments shall be permitted as accessory to residential or office uses subject to the following requirements and limitations. 2003.7.4. Applications for, and Limitations on Size or Restaurants as Accessory Convenience Establishments. -3- 1 0 1 8 v• 0 0 All applications for a special permit under this subsection shall contain a listing of all owners (condominium), renters (residential apartment) or lessees (office), as the case may be, indicating their approval (or disapproval): the disapproval of a majority of the owners, renters, or lessees, as the case may be, will create a rebuttable presumption that a restaurant of this type would not be in the best interests of the owners, renters or lessees as the case may be The application shall also acknowledge that the restaurant use is to be restricted to owners, renters or lessees (and their accompanied guests) of the residential and/or office units in the principal use; and that the applicant is prepared to offer a covenant to that effect. All such accessory restaurant uses in existance on adoption of this paragraph and, not complying with the terms of this subsection, are deemed non -conforming uses, pursuant to Section 3403.4. Certificates of Use for Non - Conforming Uses, of this ordinance. Provided, however, any existing accessory restaurant which desires an increase in the number of seats provided upon the effective date of this ordinance may apply for special exception and be governed by the requirements contained herein. Where restaurants are accessory to residential uses, gross area shall not exceed an amount equal to bwenb +—(29 ) fifteen (15 ) square feet for each dwelling or lodging unit, and the maximum number of seats shall -4- 1 o1o8 13 be ` `�' `" " 11 "9 a one (1 seat per dwelling or lodging unit, but not ,pore than three hundred (300). These maximums include any waiting lounge areas. Seating in waiting lounge areas shall not exceed twenty (20) percent of total seating. Where restaurants are accessory to office uses, total area shall not exceed an amount equal to one square foot for each twenty (20) square feet of gross floor area in office use, not to exceed three thousand (31000) square feet. * * *n Section 2. Page 3 of the Official Schedule of District Regulations, made a part of ordinance 9500, is hereby amended as follows. "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES * * * RO-3 Residential - Office i& fee ---RG 3aTr -►—d--ii:-- d d it-iAfi►-•—daes ermi t t e a Permitted Generall 1. Banks and savings and loans (other than drive-ins medical reference laboratories, travel agents. Permissible Only by Special Permit 1 Drive-in banking facilities, permissible only by special exception with City Commission approval. -5- l 0108 Section 3. Page 4 of said Official Schedule of District Regulations is amended as follows: - "USES AND STRUCTURES - PRINCIPAL USES AND STRUCTURES * * * CR-2. COMMERCIAL -RESIDENTIAL (COMMUNITY) As for CR-1, except as provided below, and in addition: Permitted Generally 7. Radio and television broadcasting studios, without exterior antennae Permissible Only by Special Permit * 7. By Class C special permit only, exterior antennae of radio and television studios * * *n Section 4. Page 5 of said Schedule of District Regulations, is hereby amended as follows: "USES AND STRUCTURES TRANSITIONAL USES, STRUCTURES AND REQUIREMENTS * * * CG-2. GENERAL COMMERCIAL Transitional Requirements and Limitations As for CG-1, and in addition: Where lots in this district directly adjoin lots in RS-1, RS-2, RG, RO or O-I at the side or rear, +*e a 50 feet foot transitional area is establishedef the d-irvfaLciet beandar—Y shall k9e used —farm from which the following uses are otherwise excluded: a. Freight or truck yards or terminals. * * * g. Wholesale rebuilding of automotive parts, automotive overhauling, automotive paint and body shops. -6- 14108 IS Where lots directly adjoin RO or 0-I districts, at the side or rear, this transitional area may be reduced to 10 feet from district boundary with Class C special permit; where lots directly adjoin RS-1, RS-2 or RG districts at the side or rear, this transitional area may be reduced to 10 feet from the district boundary by special exception. In all such instances, a minimum 10 foot - landscaped area shall be provided next to the district boundary, the exterior building wall parallel to and nearest to the property line shall be soundproof with no windows or vents, and no - vents shall be permitted on the roof within 5 feet of said exterior wall. USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES * CBD-1 CENTRAL BUSINESS DISTRICT As for C R-3 with the following exceptions and modifications: Permitted Generally 1. Hotels, including residence and apartment hotels, without limitation as to accessory uses or combinations with other permitted uses. * 5. Wholesale jewelers and the fabrication/production of custom ;Wade jewelry, limited to 2,000 square feet per establishment, and as an exception to limitations discussed in CR-1 GENERAL LIMITATIONS. ACCESSORY USES AND STRUCTURES -7- 11 d 1 () s L- CBD-1 CENTRAL BUSINESS DISTRICT As for C R. a&--i� ` i e n }-zi-v � r 3-. filesa-1 ej ew e•l ev a and —the fabriee*49F1,1pr-eduetion A- -6 e�k 9m made J- w a l e rry—shall ba peFmitted as aff- aeeeeseFy use to Fetoi-1 -aet i-*L ies and as am f. T.ITT]lT Tllli t•__. * A It Section Section 5. Page 6 of said Official Schedule of District Regulations, made a part of said Ordinance 9500, is hereby amended, as follows: "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES I-1 LIGHT INDUSTRIAL As for CG-2 provided that the limitations stated on horsepower of motors and capacity of punch presses shall not apply in this district. Further additions and exceptions are provided below, subject to limitations on "Transitional uses and structures": Permitted Generally 13. Automotive towing services, where not screened from view from public ways (other than alleys) or from adjoining residential districts by buildings, shall be enclosed by a solid masonry wall (with necessary openings) at least 6 feet in height, with no storage above the top of the wall. * * *11 Section 6. All ordinances, Code Sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 7. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, -8- 10108 �7 CBD-1 CENTRAL BUSINESS DISTRICT As for CR. eR4 im a&i4tieR 1-:----Whe-lesale—jewaleLca and the e-t eep t-i eta t o j i m i tie n e d s eas s e d sil—� t n s v n r r f 1MITATIGNS Section 5. Page 6 of said Official Schedule of District Regulations, made a part of said Ordinance 9500, is hereby amended, as follows: "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES * I-1 LIGHT INDUSTRIAL As for CG-2 provided that the limitations stated on horsepower of motors and capacity of punch presses shall not apply in this district. Further additions and exceptions are provided below, subject to limitations on "Transitional uses and structures": * * * Permitted Generally * * * 13. Automotive towing services, where not screened from view from public ways (other than alleys) or from adjoining residential districts by buildings, shall be enclosed by a solid masonry wall (with necessary openings) at least 6 feet in height, with no storage above the top of the wall. Section 6. All ordinances, Code Sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 7. Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED AND ADOPTED ON FIRST READING BY TITLE ONLY this 27th day of March , 1986. PASSED AND ADOPTED ON SECOND READING BY TITLE ONLY tnis day of , 1986. ATTEST: MATTY HIRAI City Clerk PREPARED AND APPROVED BY: JOEC E. MAXWELL/ Assistant City Attorney XAVIER L. SUAREZ, Mayor APPROVED,XV' TO FORM AND CORRECTNESS: LOCIA A. DOUGf'ERTY City Attorney JEM/wpc/pb/P001 10108 �:� 40 0 so MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADS Before the undersigned authority personally appeared Sookie VAlllams, who on oath says that she Is the Vice President of Legal Advertising of the Miami Review and Daily Record, a daJiy (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertleement of Notice In the matter of CITY OF MIAMI Re: ORDINA14CE NO. 10108 Inthe ............ X.. X.. X .................... Court, was published In said newspaper in the Issues of June 2, 1986 Afflant further says that the said Miami Review and Daily Record 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 first publication of the attached copy of advaitisament7 and afflant further says that she has neither paid mixed any person, firma corporation any discount, rebate c mmission or refund for the purpose of securing this adverts ment for publication In the said newspaper. al k z iday ofA ...... .. ^� Nor, P I J7�L (SEAL) My Commlislon (r"I y MR 114 before me this ..., A.D. 19....... 8 G V. erbeyre of Florida at Large CITY OF MIAMI DADE COUNTY, FLORIDA LEGAL NOTICE All interested persons will take notice that on the 22nd day of May, 1986, the City Commission of Miami. Florida, adopted the following titled ordinance(s): ORDINANCE NO. 10104 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9939, ADOPTED DECEMBER 20, 1984, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJ- ECT ENTITLED. "OLYMPIC SAILING AND TRAINING CEN- TER", APPROPRIATING FUNDS FOR THIS PROJECT IN THE AMOUNT OF $100,000 FROM THE DINNER KEY ENTERPRISE FUND; AND BY INCREASING THE APPROPRIATIONS FOR TWO EXISTING PROJECTS ENTITLED: "DESIGN PLAZA STREET IMPROVEMENT" AND "NORTH RIVER DRIVE STREET IMPROVEMENTS" IN THE AMOUNTS OF $220,000 AND $400,000, RESPECTIVELY, FROM 1980 HIGHWAY GENERAL OBLIGATION BONDS AND 1970 AND 1978 STORM SEWER GENERAL OBLIGATION BONDS: CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10105 AN ORDINANCE CREATING A NEW DEPARTMENT TO BE KNOWN AS THE HOUSING CONSERVATION AND DEVEL- OPMENT AGENCY; PRESCRIBING THE RESPONSIBILITIES, FUNCTIONS AND DUTIES OF THE NEWLY CREATED DEPARTMENT; FURTHER PROVIDING FOR THE TRANSFER OF FUNDS, PERSONNEL, RECORDS AND EQUIPMENT CURRENTLY BUDGETED IN THE BUDGET OF THE DEPART- MENT OF COMMUNITY DEVELOPMENT FOR THE HOUS- ING DIVISION; REPEALING IN ITS ENTIRETY PARAGRAPH (5) OF SECTION 2.178 OF THE CODE OF THE CITY OF MIAMI FLORIDA, AS AMENDED; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10106 AN EMERGENCY ORDINANCE AMENDING ORDINANCE NO. 9939, ADOPTED DECEMBER 20, 1984, AS AMENDED, THE CAPITAL IMPROVEMENT APPROPRIATIONS ORDINANCE, BY INCREASING THE APPROPRIATION FOR THE PROJECT ENTITLED: "SE OVERTOWNIPARK WEST REDEVELOPMENT - PHASE I" BY $4,108.400 FROM THE FOLLOWING REVENUE SOURCES: 1976 HOUSING G.O. BONDS — $1,900,000, UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVEL- OPMENT SECTION 108 LOAN FUNDS — $1,208,400, AND SPORTS AND EXHIBITION AUTHORITY — $1,000,000; CONTAINING'A REPEALER PROVISION AND A SEVERABIL- ITY CLAUSE. ORDINANCE NO. 10107 AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO.9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 3513, ENTITLED "FAIL- URE OF CITY COMMISSION TO ACT," OF ARTICLE 35, ENTI- TLED "AMENDMENTS," BY EXTENDING THE TIME LIMITS IN WHICH THE CITY COMMISSION HAS TO ACT ON LEGIS- LATION RECEIVED FROM LOWER BOARDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10108 ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST DISTRICTS, SECTION 1520. SPI.2 COCONUT GROVE CEN- TRAL COMMERCIAL DISTRICT, SUBSECTION 1526.3 MINI- MUM OPEN SPACE REQUIREMENTS, TO DELETE REFER- ENCE TO A "COMMON WALL" AND SUBSTITUTE THEREFORE "PROPERTY LINE"; ARTICLE 20. GENERAL AND SUPPLE- MENTARY REGULATIONS, SECTION 2003. ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.7. CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES, BY ADDING AN INTENT STATEMENT, SUB- SECTION 2003.7.4. LIMITATIONS ON SIZE OF RESTAURANTS AS ACCESSORY CONVENIENCE ESTABLISHMENTS, BY AMENDING THE TITLE, ADDING ADDITIONAL CRITERIA BY ESTABLISHING A SPECIAL RESTAURANT CATEGORY, LIM- ITING EXISTING USES AND BY REVISING THE FORMULA FOR COMPUTING THE MAXIMUM SIZE OF, AND SEATING IN, RESTAURANTS; AND BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGE 3, RO.3 RESIDENTIAL -OFFICE, PRINCIPLE USES AND STRUCTURES, TO RE -FORMAT THE LANGUAGE BETWEEN PERMITTED AND PERMISSIBLE USES FOR CLARITY; PAGE 4, CR-2 COMMERCIAL -RESIDENTIAL (COMMUNITY), PRINCIPLE USES AND STRUCTURES, TO GENERALLY PERMIT RADIO AND TELEVISION STUDIOS, PROVIDING FURTHER THAT RADIO AND TELEVISION STUDIOS WITH EXTERIOR ANTENNAE ARE PERMISSIBLE ONLY BY SPECIAL PERMIT: PAGE 5, CG-2 GENERAL COMMERCIAL, TRANSITIONAL USES, STRUC- TURES AND REQUIREMENTS, TO PROVIDE THAT CERTAIN SPECIFIED USES MUST OBSERVE A 50 FOOT TRANSITIONAL AREA WHERE THEY ADJOIN RS-1, RS-2, RG, RO AND 0.1 DISTRICTS, PROVIDING THAT REDUCTION OF THE TRANSITIONAL AREA IS PERMISSIBLE BY SPECIAL PER- MIT, PROVIDING LIMITATIONS; AND CBD-1 CENTRAL BUSI- NESS DISTRICT, PRINCIPLE USES AND STRUCTURES, TO GENERALLY PERMIT WHOLESALE JEWELERS AND JEW- ELRY FABRICATION AND PRODUCTION SUBO _CT TO UMI- TATIONS AND EXCEPTIONS AND DELETIND THE CORRESPONDI.N0 .ANOVAGE UNQ.ER AGf3.E;a.SMY Vr?f AND STR41GT(JRE6, AND P fSE &, 1-1 JAG NT, IN{PUgTfMlLt PRINCIPAL USE$ AND £TRUOTUR96_TP_q A"� ,,., Afflant further says that the said Miami Review and Daily L%r- PAIAtrJrivh A HI,PEALE_R PROVISION AND A SEVERABIL- Reeord Is a newspaper published at Miami in said Dade County, ITY CLAUSE. Florida, and that the said newspaper has heretofore been continuously published in said Deds County, Florida. each day ORDINANCE NO. 10107 ,except Saturday, Sunday and Legal Holidays) and has been entered as second classCoon mad metier at the poet one in AN ORDINANCE AMENDING THE TEXT OF ORDINANCE Mlaml In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of NO. 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMI, advertisement and afflant further says that she has neither FLORIDA, BY AMENDING SECTION 3513. ENTITLED "FAIL. Paid not -promised any person. Ilrm or corporation arty discount, URE OF CITY COMMISSION TO ACT," OF ARTICLE 35, ENTI• rebate, vert(s'cbmml for p bl refund n the purpose of securing this TLED "AMENDMENTS," BY EXTENDING THE TIME LIMITS advertlsdment for publication In the said newspaper. IN WHICH THE CITY COMMISSION HAS TO ACT ON LEGIS- �, LATION RECEIVED FROM LOWER BOARDS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. acribed before ORDINANCE NO. 10108 '•--'3`ivlsT'tq al5dbeforeme this it .E day oft ', . • . ORDINANCE AMENDING ORDINANCE 9500, AS AMENDED, 11A.D. 19....... d G i yJ ; f THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 15. SPI-SPECIAL PUBLIC INTEREST ....... e1 a V. erbeyro DISTRICTS, SECTION 1520. SPI.2 COCONUT GROVE CEN• Nota P 1i s1 is of Florida at Large TRAL COMMERCIAL DISTRICT, SUBSECTION 1526.3 MINI- �I'Ll�.ti i MUM OPEN SPACE REQUIREMENTS, TO DELETE REFER - (SEAL) ENCE TO A "COMMON WALL" AND SUBSTITUTE THEREFORE My Commifssion d>�(��I}dy ft986. "PROPERTY LINE"; ARTICLE 20. GENERAL AND SUPPLE- MENTARY REGULATIONS, SECTION 2003. ACCESSORY USES AND STRUCTURES, SUBSECTION 2003.7. CONVENIENCE ESTABLISHMENTS AS ACCESSORY TO RESIDENTIAL OR OFFICE USES, BY ADDING AN INTENT STATEMENT, SUB- SECTION 2003.7.4. LIMITATIONS ON SIZE OF RESTAURANTS AS ACCESSORY CONVENIENCE ESTABLISHMENTS, BY AMENDING THE TITLE, ADDING ADDITIONAL CRITERIA BY ESTABLISHING A SPECIAL RESTAURANT CATEGORY, LIM- ITING EXISTING USES AND BY REVISING THE FORMULA FOR COMPUTING THE MAXIMUM SIZE OF, AND SEATING IN, RESTAURANTS; AND BY AMENDING THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, PAGE 3, RO.3 RESIDENTIAL -OFFICE, PRINCIPLE USES AND STRUCTURES, TO REFORMAT THE LANGUAGE BETWEEN PERMITTED AND PERMISSIBLE USES FOR CLARITY; PAGE 4, CR-2 COMMERCIAL•RESIDENTIAL (COMMUNITY), PRINCIPLE USES AND STRUCTURES, TO GENERALLY PERMIT RADIO AND TELEVISION STUDIOS, PROVIDING FURTHER THAT RADIO AND TELEVISION STUDIOS WITH EXTERIOR ANTENNAE ARE PERMISSIBLE ONLY BY SPECIAL PERMIT: PAGE 5, CG•2 GENERAL COMMERCIAL, TRANSITIONAL USES, STRUC- TURES AND REQUIREMENTS, TO PROVIDE THAT CERTAIN SPECIFIED USES MUST OBSERVE A 50 FOOT TRANSITIONAL AREA WHERE THEY ADJOIN RS-1, RS-2, RG, RO AND 0.1 DISTRICTS, PROVIDING THAT REDUCTION OF THE TRANSITIONAL AREA IS PERMISSIBLE BY SPECIAL PER - MA 114 MIT, PROVIDING LIMITATIONS; AND CBD-1 CENTRAL BUSI- NESS DISTRICT, PRINCIPLE USES AND STRUCTURES, TO GENERALLY PERMIT WHOLESALE JEWELERS AND JEW- ELRY FABRICATION AND PRODUCTION SUBJECT TO LIMI- TATIONS AND EXCEPTIONS AND DELETING THE CORRESPONDING LANGUAGE UNDER ACCESSORY USES AND STRUCTURES; AND PAGE 6, 1-1 LIGHT INDUSTRIAL. PRINCIPAL USES`AND STRUCTURES, TO GENERALLY PER MIT AUTOMOTIVE TOWING SERVICES,_SUBJgCT TO LIM►,. TATIONS, CONTAINING' A REPEALER PROVISION AND'A' SEVERABILITY CLAUSE: MATTY HIRAI City Clerk tomr City of Miami, Florida, (R3870) nR) 6/2 86-060262M