Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
O-09842
x 3-94-365 5-31-B4 OWNANCE NO s" _.... AN ORDINANCE AMENDING THE TEXT OF ORDINANCE NO, 9500, THE ZONING ORDINANCE OF THE CITY OF MIAMt, FLORIDA, BY AMENDING ARTtCLE 20 ENTITLED "GENERAL AND SUPPLEMENTARY REGULA- TIONS," BY ADDING A NEW SUBSECTION 203E ENTITLED "FLEA MARKETS;" PROVIDING FOR DEFINITIONS AND OPERATIONAL REQUIREMENTS AND LIMITATIONS, AND REQUIRING A CLASS C SPECIAL PERMIT AND 3 YEAR PERIODIC REVIEW# FURTHERO BY AMENDING PAGE 5 OF THE OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, CG-1 DISTRICT, PRINCIPAL USES AND, STRUCTURES, BY REQUIRING CLASS C SPECIAL PERMITS FOR FLEA MARKETS SUBJECT TO CONDITIONS, PERMITTING FLEA MARKETS UNDER "LIMITATION ON USES" AND ESTABLISHING MINIMUM PARKING REQUIREMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board at its meeting of April 49 1984, Item No. 29 following an advertised hearing, —' -a 6 to 0 vote, RECOMMENDING adopted Resolution No. PAB 2084, by g APPROVALp of amending Ordinance No. 9500, as amended, as i4o,; s. hereinafter set forth; and WHEREAS, the City Commission, after consideration of this atter deems it advisable and in the best interest `of the m g y t h ` 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.- F Section 1. Ordinance No. 95000 the Zoning Ordinandd`,6f r _ the City of Miami, Florida, is hereby amended by amending the � text of said ordinance as follows:1 "ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS SECTION 2038. FLEA MARKETS. - r 134 Y v Words r figures Quicken th.raugl . 461$ #nd/ p Underscoreda-lsr.11+ n I t 8 hall b4: Adda,6A . ..� # r�lirF1R�� A�������� provisions are now in effect and rematn unchanged indicate omitted and unchanged material, srZ = i 4 _`7 ----------- 7-7-7 fM 2038,1a befinitiont a rz] jLj.owin_gPp,P,r0tionai enarecteriati ig a- 7T 0c; I- 07*1M, new and used '77'ri'FMa u an - ; . ; .- 459MITuals ou0s lease stalls from the owner 203e. 2. Limitations on Flea Markets, Oegration of flea markets requires a Class q rm i C renewaGle every three -P 3.)' years by a review uRon the annAver- sarZ_ of issuance subj,eEt E a 7h; following requirementp And limitations: access Prom major_ streets; dis ance se ara ion rom, residentially zonea districts kminimum: seven ty-five fe;t hours o� _ operation max mum: twelve 02)) hours per da4 no egFile; than 7:UU- AM; sales oeera tions conflneiT t-o wee en s and legal hollags providedowever, hat at no time shall such operation's exceed three 3_3 Enngenut iv e daXs provisi On oTpaving striping for st-alls and parking seaces; provision of restroom f acilities on -site; an conrormity to the,gouEh rlorida Building Code (Chapters 6, 7 and 43 as Ea case me be). Opera tions may b; further restrFicted wiEgin the site to ';chieve a harmonious relations.h the surrounding neigHBorRood. Section 2. Page 5 of Official Schedule of -District Regulations made a part of said Ordinance 9500 by reference and description in Section 320 Entitled "Schedule of District Regulations f o r Districts Other than Special Districts; Adoption," of Article 3 Entitled "Official Zoning Atlas; Official Schedule of District Regulations". is hereby amended as follows: "USES AND STRUCTURES PRINCIPAL USES AND STRUCTURES CG-1 GENERAL COMMERCIAL Permitted Generally . Permissible OnIX bX Special Permit . . . ...... 1, Flea Markets, with unenclose4 sales of now .oeen, and used mere an iae on Z 7,67i Mo-guous 7 is FIT ate---haVing a min-Imum alt'd--s- ot--Aff UUU sSuare root or net' 1at a r a a --jrdvTd ST7 ............. Limitations on Uses .Except for: Ah. Open-air displays of new or used automobiles, trucks,y motorcycles, trailer, recreational vehicles* mobile homes or boats in connection with sales or rentals; b. Open-air amusement enterprises, including race tracks; c. Drive-in businesses and refueling and related operations at automotive service stations; d. Parking lots and parking garages, and e. Outdoor eating areas; or f. Flea Markets orasauthorized in connection with regular or special permit, there shall be no unenclosed sales, service, display, fabrication or storage of merchandise or materials. MINIMUM OFF-STREET PARKING REQUIREMENTS CG GENERAL COMMERCIAL (GENERALLY) j Flea Markets: Minimum of one earking space per stall r. 5nd one paFking space ror each square feet of gross sales area all on the site." Section 3. All ordinances, Code Sections, or parts r;. thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 4. Should any part of provision of this be declared by a court of competent jurisdiction to be invalid, same shall not affect the validity of the ordinance as a whole. PASSED AND ADOPTED ON FIRST READING BY TITLE ONLY this day of .ARr.1_.. �.._. ._1984. PASSED AND ADOPTED ON SECOND READING BY TITLE ONLY .thtt ek 24th day of , 1984, eu.r—may EST i Maurice A. Ferr 0 Q>, i J �. i TY CLERK 2 4 3�{ f a J � 2ci A— WORk WPARtb AND APPROVED 8Y t ti '. is CANT CITY ATT� N'tY _'. ARPROM AS TO PORM AND CORRECTIONt GARCIA-PEDRU5A a TY AITORNRY XM/'vtpc/gg/T-312 fg L * a 2 £ 1 F� P i ;i�j;;�l%�.;yQ# .. - •-A,7 t e city of Miami, Florida, I, .61ph G. Ongic, Clerk of y , that on the.//.... ...day. of..r. hereby certify of the abo- VA a full, ,true and correct colt A. D. 19.., 7... was; posted at the SoU* ordinance. Dail _. and foregoing :. County Criurt .Efrrns� �t ti►a; pla iP of the Dade. ub;icaciuns b1t apt for notices and p 1' Provided Ehcrcfor Q� the place N }fi -WIT NE SMY,:aid city this'„�.._,-day P ' tbt! i x.,y nth' �a 1 4,lY,q % �'•,� A,t iC x* 'i fg MR, ; yt — ';:j gam„ �a,� ' '� 4 Y r ... rat - ?€ r SF'�'•i �4 1_ ii '�: t:.� , ki,'' � _ -r �' — r — s� , r _170 T ',vks 0 cITY OF MIAMI. FLORIDA INTER -OFFICE MEMOaANOUM TO Howard V. Gary DATE- April $, 1984 FIt E City: anager SUSJEC7 ORDINANCE RECOMMEND APPROVAL TEXT AMENDMENT ARTICLE 20 A o u9 "r'= REFERENCES: < FROM COMMISSION • AGENDA -APRI.L',2b, 1994 Director "PI'ahg and Zoning Boards ENCLOSURE- PLANNING AND ZONING •ITEMS n'iinj; Administration Department _- 4W It is retoiranendad _that amendments: =s to the Zoni nd : Text . of on n Urd'i - Hance 9560; ` as amendedby amending- i ARTICLE ° 20,. -GENERAL_. AND.',SUPPLEMEN- TARY REGULATIONS BY' �idding•.'a, new��� -� Subsectidti `038 and subsequent sub- sections 2038.'1 'and 2058.2.; by `` amending`• the Official ,5cit�edule of Di strict Regul ati,ons ;page ,for; j= CG-1 Zoning District,' Princlpail�, Uses and .Structures belappraved. uF £ " 7. The .Planning Advisory . Board, 4t ' its` meeting ,:of -,April,,:4, ,,,1984„, Jten�,2, , - ` folcowing an advertised hearing; adopte ..Res01 uttiro� PAB,a20 'R4 by :a £6 tosti ti approval as mended f, .ame dments to tne�.Z0 in sT x 1• .. ' vote, recommending pp , _ a .`:,?..,, i1i �!, ..9� ..; ;.. rdinance 9500 is by an�endi ngT'I. of:Zoning 0 ClE GN�tALt+ltl ,SUPPLEMENTARY REGULATIONS b irdvi- i i a new�.sub, +ect On O3 Markets and subsequent news asectioi��g20�8:1:fD���.ni.tionZQ���2���::, i de ,.ttia t e ;Q era of ��Fte�at Rr is ..� i:imitations on .Flea Markets to pro,V fib f A }DD I♦; - - - ,* r '1 ,.� n i�i: 7 urt#il oi, s r 1"equi res �i Class ass C permit,, t, reneab d "Ann J►� r : sci.f ` ` considerations in a i ssuanc ,.+pf . h p` i, tclF .annuai7* r�31Y Wj D y ,e identialT uses:; �� b t not limited to ,access, di5TAnc 4'f to: b 5 a�r� strips ng ,walkways, hours of `operation to` bi 2 lours, ` And °ristr�s om ` foo.i�iies; by amending ,the 0_fi�Gi4� .Schedipsof� Q. stictd,ini; �. S' ,._ ' o r-M-1 Zoning Districts,: p.r j cip � end;` ., ru+ a u pr t► ,• ., now - ti tld "Perini ssi bl a .Only by Spec i a ;Permit providing that f l oa i $its $ �avi mum area► of 50,OQp square. ff+#•#plvidgain��; Square- feer, per stall, and a�ctcssib gf ra` str o s.: r subsection`' �3D' ¢ o_ 'fin' a C P+ar�ni t "r V v ,,'Np, UsOS-following, and under ins n�um.:. ffstrD• r r r t shall rovi a i i� fin; a i,1 tjy h. teat flea ma ke s al Plo'$r9 's 4' and Io a parking space for- eee 5$6's4 ;��dt of; roe P ZZ sa kup infl3 *tion is incledod" for -your review. f r t-'t as = i i it, r t+lD to : prov i'de for the. _,,a k` ho.s � .� , . s Attorney ' s .fi ce and subtni t _ _..i rx _ - } �' a. F'1 q"- 7 tt'4 3'a,, +.¢'' F i1.•` L` N, i i SS ,'S' � Sri- ii � -•'. .. _.;- -' ; >r -�,4'�""4 u �5 ,�_�.n _.- ... .- .... _ .. r• .. ,-.. _• ._. .. �x c._'. r.-. fir.. _r �'-_r',�.u3: ,.eE� � �_ ... :'.1:Y-4 •`ri..' �- '+y=►'%i ;,a.'� „ 3 ;'t • r; t* :*�`rY ^.E':-s:s;t•l�p�.j!'s��"M't:"`sg� r�rf?n 4.yiis,tw - 'cfli IA �r }s�rFM.i�i�yYl�i+li�FIYWAw � A. •� -0G_' 8�,.. . �'. •3K.'� wc{;C�.+� •_'riSSY.r�,!�.•l!;-4 w'';9Y t.t r1}}.�i.• t�t..,".: f.'i' i . ' i •:1 ..'ti '`I,.'♦: i : a•-:• . ♦,+:.s :�•. a7: i" t - F: j,:sr:.r 1-111mW117. y,,,�,,NnotYJ•� a•y: av+p_�1.is�,,tjak: M• .'i's'�:t�:•+tir•.'at.. � t,r� 'i . r. t .5... .:i "./ f x� _ Mr•!.r e.� . aac• ` ._: F '{i = •.v.:i ii::l+ . .: z.::. �Y+ `,�: i� a 'Y.S .aF'C. �'.. s-i.. � al•t• i• - .,n• ..:L �4'k i.. _ .rR"L; Ly �,i .�, .y. �r,t.«j t..N.. �, 'tii r.� ri �i. .�: _ ••lr :N t�'. �c.r ';rs7 iti 't. s9'�" 9•tat - '3'tiW'.r +t' •�i„ r ,iy 's • 1..:. ==is`iaa �;Q_iifynfs ?-TF•' �`r ..� 31.'f,t:+:F':C n: .!p +-�w ..:�.. �r. '•�.:: t• :�.:. - 'i :,.c - _+» +4..•g•i•`•:;.ri`•'�e. yra••"'s� r;";�1 .f%Y�-r, .s:: - .,,'ri�s.';•;:.�` ,r,tr :3• C _ 'ti .t•y. A. Fi:' `�.`-'a3'44'I 2' �t, .i .f .its• '1 :��4'.4 i. .X _ •,I -I Tam !'�-' .r � 'J• - . 1. 1''• r`t a. - _ :i' r.i� 3r• a .� •.tc . ^L.. slt.:n -•r: '•t•tP - .'+lY 'f� � � +11 '•Y �,t3 ♦ r . i..`i`:t,'1'cS•~ • ^t r. ^ t •r.. •'w" :�t ••+•`•Y r 'F•~ c " •-r i:?'$r '` - 'ti�' y rr �A•9��•"ci�t.���^i;L,,�„'!zts.5�1.�'7�.+.,�T+�.ai�r67"€`a°YY"'�,rt�.•as,1't'+i.. ,. •r..:. 'r'•:'':}"�,ttl-. +'f.�,... r. .. ... .. ... _. .. .. .,... .=y.., rt7,`i+:y =:':n�=',•"•,._ _+'. ��•.,. ,. Clt S .,I ;:•'.+ill: .. i,� . �i;'i,•; -w.S+wr�L'7s,>". '•+y, ''•^;t «'l.�L»-J" .+,. R•L• .vi4. :i:•r ,F y,K.,: .� ,�:.� �+,tfAW'iY+rrs:"r. >•. �f'k .•..r, 'a`:r.:t++iLL" 1.1 .�. M1:, • - - r. •a.. ..� a .. .. a . ... , .,y: 1116.lwl� �•L' 4�.ir�^- - PLANNING FACT SHEET APPLICANT: City of Miami Planning Department: March 15, 198 'L 2. Consideration of amendments,to the Zoning Text: --of PETITION: Toning Ordi nance . 9500, as amended,' i y afiet i n�g ARTICLE 20. -GENERAL AND SUPPLEMENTARY;'.';; REGULATIONS, by providing a new subsection 2038'.; titled ' Flea Markets and subsequent subsections 2038:1 Definition and. 2038.2 Limitations on F,l ea -Markets, to .provide, that _Ytl e r operation- of fiea, markets requires a "CT ss `C permit' renewable ennually; further specifying considerations in the issuance of.. ,the permit, a d, annual `review" inc' udiii `but not :limitee- �'� access, distance: from. '.`resi'dent,al use°,.,r..�`a'�iiit�` striping; ' walkways'. hours' - of` operati'+ari� aind ; a restroom_ .facilities;, by. r"amen+dire: the Official k Schedule of District Regulations, page"'S' for CG= �... 1 Zoning Districts-,: Principal: aUses; and:` Structures, to provide 'a new `titre "P ei rtiigsiblie '. Only by Special Permit" providing that flea markets having a minimum area- of 50 000 .square; feet,. , pr..ovi di ng a minimum of 120 square feet; stall and accessible from ma3or streets, $tal require a C1 a C Pe Class Permit per sub action 2038: providing a. reference in lrigitati,ons a/■�� yy, sus y`. /'s b folidwintg, .,.`aind;. un' Or.a,MinImum"'VOtsnee Regtai:r-;emep, s - provi di ngk'.¢i ha , I q# Ilk zw ,:�: _ Rrovi tle �i`_ inJmum of ;;one pa ,i'il �sp�c s and.'op:'a i n'' s" ce for ea. t.`155, ,Su � park pa$ g vss sales, area y REQUEST: To define flea markets and ermi t they I and more liberal districts., k :- BACKGROUND: Per Motion M-84.23; January 19, 14 th,=__._'� Commission directed the City- Mann pr'. thePlanning _Oepartme t regarding the staging of flea - 9 g 9 . 9 within Citylimits pursuant Mr. Al Cardenas. Mr. Card nas'.?.t i e 4tU�! representing i:legler 0o9 Track' ' .� Thi• a � s amendment would pc t • fi Via. �_ t� -S i_rrs: _� and more liberal 4tstrlct � i special - er mI t 404 '� ual k �u • perxi t. w _ 0f ;ondi tiara ti j. :•+.'r ' �m*'.:'t•SS.:sb � �w,�5t°,ti*n, �.',.a r.. _ .. r r .... - .. , . { ,-, . , s_,. , .. . ,_...., I., _ .. _ � , _ .. .t _ .....A:., ac,.f�. x.;� r� r 'tea _ _V "r-4 -444; W.R.I. -,F Mz 0 6 0 2. Access from maJor'gtreets. 3. A minimum of 120 square feet per stall. 4. One parking space per stall for each leases and one parking space per 550 square.feet of gross sales area. S. Striping of the pavement for stalls and parking spaces. 6. A minimum of 751 distance separation from residential districts. 7. ,A; maximum -of 12 hours of _operationpgrd.`j ., earl ie commenc ng no e r an - ma ays,, per -me iiiWm'6f3'.6bnsecu .consecutive d Provision. es o 8 rov- 61i facilitiiii. '9.'- Conformity to South Florida Building Code. WMENDA T ION: pp K -ADVISOky.' V11 PL;ANNIN9:-- V Ap bya jz,presented, !y _pr mem ers P t ..,a sent)T, accepting 4nh'jr en V to,�' 1/ 6 ra lificat. area n :400) .. 41 stanoe o3bbpppa# ra -, raher:t104nd hr*r 0raaw) rather " tP r1l . rJ W, of 4Ff� ab i,7.d, q� M ltd; M i T - 4,r. ��GY ,'YJ.• „ - ., a. � .. ..- : tf1 j P-i'•�i��`a :AYr'�i �x ,'ti ,��� �P, a,�Rr .. ti r�# r �""��i �y i�i9ii • t - ... ��:�.; ::i:;�:irr.�;:�=r;v,;�•�.�� +w,n�.• #.atyllr;•Y,�;,tiy(�+�+'�a`ff,,.. '=•d�«i �. , ...., ..... . , r.-,•i.,r rom: :•;..+:".i°:ti •.• _' -'��., ^y .-•�: .r-. • •,. .1••.. .'ir .. '•i.'•'±•.r�.�....`!_•...,. a'...--s '. :•.. i:; v .. .•f "r ;.,r=A»�:.a t,- Section 1. The Zoni'rg Text of Zoning Ordibance 95000 �. adopted September 23,-'1982, as amended in hereby amended as :- Follows: ;y ARTICLE 20 GENERAL AND SUPPLEMENTARY REGULATIONS ;•f. SECTION 2038. FLEA' MARKETS. 203Definition- mar.ket: is an o e.n dr _,;'enelosed market'_ ;di`stinj"ui=sherd :sst.e,,tss'._otmare.sr.fral..c arace.r, ; as o • ows:.,.,:.: _a _an uses_ use Ouse o oo. 's cur_ os pan �y; it s m ar..�_,svcon -hand mer..c 'an ise:.:ar..'e,:sa as es, _n' er.a. on _ -arc con r iVed..-,oton-veeken.ds, °and:°o n d iv Idua is.: �. rom -t a owner of the site. _. _ 203842. Limitations on Elea Markets. a. 0 eration of flea markets re wires a Class C: ertat'F.`;;_'ry"ti ;.Y ren�wab a ,r annua a° frev ew�' at a ann�.�rer'sar �o ' , ssueri�3 ..... r sub ect tot,t hey'- o -. own ^ z� re uxrm eeri s°•-=an J-1mit at ons F , eC0. x, from ma C?r. s ree s s ance `se ara DnX f r o m Des` 'en a oni..s;..,',J.�,Rt-,� , - es r'.a sTm n mum-- seven "five ouriv'4O e Ve�ermax aum no deer a`- th ree =oonzs iou Vv_e" a s er 1'-wee av n:Striping,, roar s�ony ° o res roam as ss n g p ° y� p /� 'h='.vt-^�r. anQGn '7V r •` .^,$o :iQ a: - .:r: u. ou or8,a tars an �r£ �. e... ere onsyt.ma a further restricted:,. w n . e': s :Br i12:_ a — -:eo ,, eve,a .armon ous: ' re a ahe w ., •.� - n,`- �,• ,:. � < r:hi4 .. - ryi ,, w ` _• �, . a s '"• s_i� � '' -}.z v� #•hKs ���iw-�i x".A t x". � tf,.: ra Section 20. 'The �,iq ;al Sot��d,u�.e � : �i�����tReg��� poise + Whereby amended as f0119we" 0• - : .. k6i0g2a rf►�� Uhl �t(' pAq A "IrAy. r VA case -Pa 4 , pp/� , c i E. ,L'L._ _'s: a"? r.{ .;, bi .•.4.--_ �i¢.. ....n. ... , -. .. ._,S. .•' n _: e.-. .. r .e.,>—� �ik.' •.uv, .. ,..a'4 , may. �y�r y i�4. .t;h� b r•..- �x e ,tiY ti,s'x` sx IVA- 3 .} :. 's rd." ....fit'•. - �.�,J'::'• - ,.: ,;.. d1�ya•::aii'..... w.'.'. 1.: �iIZ a;t». ",: LtL.Y :':< ....... 16 - # - - USES AND STRUCTURES * 'Y PRINCIPAL USES AND STRUCTURES;^_ CG•-1 GENERAL COMMERCIAL • Permitted Generally. Permissible Only by Speei_al Permit s Flea Markets with open unenelosed sales of ndn merce an use 1. F1 ouseho d nods` curios and s miler tree s+ha av n a. min mum Y3 con uous° s e no v e ` eet o ne of area rovi n a K- a e area o s uare access le rom ma or s uare ee er sta :.`t a. •' m n mum' 'o «z „ - �. ermiss a on ass s ec a erm - • _,.r and annua erm t rev ew°an` ns ec °;,��-Y�E ations `on•Uses - . :,. _. �:.� �"� ���� ,Ekee•pt f141 Lr new' or used;F'automobi'xea; 1` truaks�' Open-air displays of: vehicles, mobile hones motorcycles', trailer,�recreational oroats` in connerstinn with' sales or rental,°y }� .b b. ' tfpea=air' amusement enterprises, ld;i:hg- race tr. ac%�fi Q sfin'es'ses "and` :r'efusli--ng and related o0'r" tion Y � - it .` Dr iv},'•-ir►� v� .,.f= n's'..:'1...iiy,x#vim '•'i s'i'• idC:1x".':';x. 'wy.i futomot3we servide 4F y. at lots` arld par king,'garage"s; aed; ' x >' d, Parking M Ot fl areas, or" e utd�ior ea . i a Markets.. `.. ,� --:. �..fas;, ed' in connect with' re a�ri� urazc.osed aaat p t = t ere shall be K ; - a , ier ni , } . h cif a oh na ioatiorr Qr storage ry ay w t . �abr T:� �, A, - ARKINO ,It9`QU ;:. N1MUM yOFF I�tEM M TREE'i P a _ 4) t 3}. .F _ z. .. r,; 7' F '. Fi;'r .e. „F:-�i'€ -_ •+. I a r'S„ i-.'-- `II -- � �ij � 3"i _ Flee �lark6t.is °minioum� �►#'�on+�'. 1e Ottpk ..-. .. K „ r < •• ,.,,,. x,.;-, r„ :.:. I ,n�.. .,gin- - '..• •. g 2 of, s�z � ?4:-,"mil: ^.Y'.::.,-`f' f- !' _ r r-'�t*4W{A'�'i-.•r"•�,';`'._ - .4".�...__. 3 i1 .�,•' tb,5 ,AM1 yJ1 'r5 -�nS ar3 •tx.7Gfi' _'Wi�A,?GS _` _ _ _ —_ _ i TRANSCRIPT April 4s 19849 Iteth 2 29' Planning Advisory Board Consideration of amendments to the Zoning Text of Zoning Ordinance 9500# as amended, by amending ARTICLE 206 GENERAL AND SUPPLEMENTARY REGULATIONS, by providing a new subsection 2038 titled Plea Markets and subsequent new subsections 2038.1 Definition and 2038.2 Limitations on Plea Markets to provide that the operation of flea markets re4uires a Class C permit, renewable annually; further specifying considerations in' the issuance of the permit and annual review including but not limited to access, distance from residential uses, paving striping, walkways, hours of operation, and restroom facilities; by amending the official Schedule of District Regulations, page 5# for CG-1 Zoning Districtst Principal Uses and Structuresp to provide a new title "Permissible Only by Special Permit" providing that flea markets having a minimum area of 50,000 square feet, providing a minimum of 120 square feet per stallo and accessible from major streets, shall require a Class C Permit per subsection 2038, providing a reference in Limitations on Uses following, and under Minimum Offstreet Parking Requirements providing that flea markets shall provide a minimum of one parking space per stall and one parking space for each 550 square feet of gross sales area. Secretary filed proof of publication of Legal Notice of this Hearing. Mr. Manes: Thank you, Mr. Rodriguez. Who will be presenting this?. Mr. Rodriguez: Mr, McManus. Mr. Manes: Okay. Mr. McManus. Mr. McManus: Mr. Chairman, members of the Board, in January the City Commission directed the City Manager to request the Planning Department to initiate a study regarding the.stage of .the flea market operations within City limits pursuant to a request by Mr. Al Cardenas who's the attorney representing Plagler Dog Track. -.,What we are proposing here is an amendment which would allow flea markets in CG-1 more liberal districts. Now, recall that CG-1 is equivalent to the old C-4 district in Otdinance' 6871. So we're talking about fairly liberal commercial-usesl._', here. It would be permissible subject to Class C Special'Perinit and annual review. Now, the Class C Permit would zbe,issued subject to a series of conditions; a minimum of 50,000 sq, ft* of net lot area on a contiguous site, access from major-streete'r%4- minimum of 120 sq. ft. per stall. Now, in item 4 if you're following the analysis here, we have. we'd liketosuggest here that whereas the reading here goes "one parking spacepet"stal-l-, for each lessee and one parking space for 400 sq. ft. of gross sales area", the Planning Departments after consideration now, suggests rather than,400 that it be 550. So it would then read, "one parking space per stall for each leasee and one parking:� space -for 550. sq. ft. of gross sales area*. Pavement would:, be striped for the stalls and parking spaces. Theovowe're suggesting a distance separation. Now reading from your fact sheet we're suggesting there ,a gain mum of fi 100 ft., distance separation. -Upon reflection we feelthkt_,--`4- would be more appropriate to than ge-that 100 to 75,1t_ your aheat.there if you would strike the IOVondzinsert .75 Point 7s, again the fact sheet has a maximum of -10 boors of operation per day, we'd like to suggest to you that it be! changed to 12 hours of operation per day commencing no aar Apirtt 4; than 7 apt, iftaximum of three consecutive days per week. Provisidn lot 3 �teatfd6m fadilities conform to the South Pl.orida building Code 6 Mrs Chairman, that condludes my preeentationt if there are any questions I'd be happy to answer them. Mr. Manes: Thank you, Mr. McManus. Any questions at thia'time7 Ms. Rolskis vest Mr. Chairman. Mr. MCMahue, why were these auggested...these suggestions made to change the figures here starting with 590 sq. ft.? Mr. McManus: We had additional conversations with representatives of Mr. Cardenas. I'll be very frank with; z you,: this request originated with Mr. Cardenas who is the, attorney for Flagler flog Track. Mr. Cardenas has been very forthright about that and we had some recent discussions with his representatives and in an effort to further fine tune this legislation, we have made the three suggested changes here.'. Mr. Rodriguez: Mr. Chairman? Mr. Manes: Mr. Rodriguez. Mr. Rodriguez: I would like to also clarify that the ad that was sent which.is on your green sheet is reflecting exactly what we were proposing because that was originally the proposal that we had. There's no ... the 550 sq. ft. area requirement for parking spaces,,you know, was advertised in that way so there shouldn't be any problem in that sense. Mr. Manes: That's on the 550. Did they also mention the distance separation and hours of reparation... hours ofoperation? Mr. Rodriguez: No. No specific...we only mentioned distance separation without giving a distance and we talk about hours of operation without specifying what hours. Mr. Manes: Okay. Ms. Rolski: Okay, well let'me ask you something.- With.regard to Flagler which I'm assuming and maybe I'm..wrong, but'I'm assuming that that would be the site for -an activity of this type. Is that correct? Mr. McManus: Ohl 'We'll let Mr. Cardenas speak for himself. Ms. lolski': Okay, well I was wondering with g regard to Flagler, I mean are we making it 75 ft. because Flagler is, .75 ft. lrom' the ,,nearest property" or..I' mean, are we' fitting it .tq' Flagler or ;are we thinking aboutthe overall ct ty ? Mr.` McManus: Well, I think the answer is "yes" ,t on both counts, We, are trying to adjust it to accommodate 7149ler but .we're also, trying to think of .. , is that tie ;Appropri.;ate distance separation between an operation of this ty +a and a resi7entiei coning district boundary. Al Ms, Kolaki-; W1 I' 11 tall. you. it x l�ved�` 7� e1* away fm a flea market that started up ek 7 a.m. 'i�id ' 3t was saatui 4ay morning f would ... I don't think I'd be to Crazy about � that. „ Mr . +Wanua; Well,, I think - hat' . hejre is We r . w e, the inkot retatioa would be*" Qning ditit boundary andha bonda1 ue ; thy. ►iddla s`tx et po. wh it ►e'; e no, Kolski: Plus, r � Mr, McManust ...from the middle of the street back towards this operation. Then here's the additional distance from the -center line of the street over back to the residential property. Ho it's actually more .than... Ms. Kolski: so it's more# okay. Mt. Mandat Well that's fine if you're talking to somebody who occupies a full block. it you know# 1 can't really say that t know exactly the outer perimeter of the plagler property is but if not here, at -the next site, maybe the lot -will end and it will be in the middle of a block and there will be residehtialr duplex or something right nextdoor. How is that addressed, Mr. McManus? Mr. McManust We ... We have had...if you would turn here to the legislation on the next page, page 1 of 2, to the middle of the page, subsection 2038.2 Limitations on Flea Markets, this is the actual legislation now, the last two lines, "Operations may be further restricted within the site to achieve a harmonious relationship with the surrounding neighborhood'." Now, if a...if there were an application for an operation with the boundaries and land uses as you described then we would certainly look again at that 75 ft. separation and if, using some judgement, we felt that that was too close, that two lines there give us ample opportunity to further adjust the placement of the operation further inward to provide a greater distance separation. What we're saying here is it has to be at least 75 ft. Mr. Maness 'Okay, going in that same paragraph on the Limitations on Flea Market...Flea Markets, line 4,'distance'separation from residentially zoned districts, so,: - you -know, let's use the Flagler property ,as an example since it's the only one we have in hand. Is there ... how close is the nearest residential to the area proposed for the flea market? Mr. McManus: across, I. believe', two adjacent Mr. Manes: Mr. McManus:' ,Mr. Manes: street? Well, you have a residential streets... Okay, is there nothing'... ...on the northwest. Is there nothing on the same' Mr. McManus: On the same site as Flagler? Mr. Manes:_ Well, you know, along the same block without a public,street. Mr. McManus: I think Flagler occupies ,.:An entire block:" I, don't think there's, any, residentially -`zoned property within that same block. You have- to across the=boundary - streets to get into residentially zoned districts'*, Mr. Manes: questions at Are there any more clue , this time? Okay, This is a public hearing, Iss°there anybodyT here in the audience who would like toy speak'either for or'�: r � against this - item? Okay, Mr. Cardenas., Mx. � Cardenas isr'an, , ; attorney, I know. Is there anybody else wishing to spea)(,Othis item that is not an attorney? :._We'll need to have you bwi orn in Mr. Cardenas.z Mr. Cardenas: Thank you, Mr. Cha'irmap. a embepr of the Board. My name'' is Al Cardenas. I gym= an attorney Frith the " law firm of Broad and Cassel here in the -City of Mi'Amk ogr {- s client Weat F 49ler .dissociates Ltd. has +��cprassasd '�=�Ce+�n i tero is participating ' in a vehture involving- outdoor' 41e40tioitioa assuming that the City modifies. its current otdin4nce U� ' rx�� soch a use. N ^ { F _r ,� t NOW 1 want to address myself very quickly to a couple of the points that were raised. One# yes, the Plaglet frog Track is located within a ens block area. 1t has to three of its side, to the south, north and east, is commercial property and of course, it's...they are roadways that are wider than the 50 ft, roadway# as you knew. What we're really talking about is the one site to the west and of course that's coveted by a street which is 50 ft. its width and in addition to thato we have tail pine trees that are very closely placed together that serve as an excellent sound buffer and were placed there for that purpose because of its ongoing activity at the track and I think you'll find that the neighbors in that area are extremely pleased about that buffer. In addition to that, we have an 8 ft. wide bush section that goes all along the western boundary so in effect, we have a substantial buffer zone that I.. think will be acceptable and has been acceptable. I think the benefit of this particular site is that those neighbors who reside in that area are well familiar with the traffic patterns because of the ongoing activities of the track and we have for a number of years worked with the City to make sure that this buffer zone does exist and we control ingress and egress as much as possible from that - side of the Street so that most of the traffic patterns I see will flow from the commercial areas and the wider streets and we worked with the City on that for a number of years and we'll certainly keep that type of operation in mind when...if we move into this additional activity. There are only two comments that I wanted to make relative to the proposed ordinance. One was the, in addition to what has been stated by members of the Planning Department, one was the matter relevant to the parking requirements and for the record so that you know, we originally had discussed the 500 ft. provision and that had long been discussed. Subsequent to that there was some discussion about making sure that a parking spot was provided next to each stall for the merchants vehicle. So'in effect, what you're really getting is your getting, you know, one per 400 but when you add the motor vehicle and you add the 550' ft., provision, it becomes 550 ft. and indeed that's how it was originally advertised but we don't just provide one per 550 ft. We also provide one vehicle parking slot on each merchants stall so you're really getting two parking spaces within that particular distance provision. There's a mention in.the proposed ordinance that...and this I wanted to clear with the Board, here's the provision and. how it reads, "Minimum of one parking space per stall and -one parking space for each 550 sq. ft. of gross sales area all'on the site.`" My question to you and perhaps to the City Attorney`'as to how they would interpret it, as you know, those of you who' -are familiar with this particular business operation, we own a number of properly zoned lots, commercial lots, which are on the east side of 37th Avenue which are currently used by the patrons of the tract during regular track times. My question to'you 'is whether„or'not those particular parking,lots-and that's the -only,:° reason they're there for, which are properly zoned,` would` be included in the formula for parking requirements under'the existing wording of the proposed ordinance. We would hope they` would be because that's the reason why they're,there. That's the � one comment. The second comment that I would have is with a"gone year e provision for renewal of the permit. We understand and°l think,._ it's amart.of the City's staff to provide for a re�ewabl.e perm t Special Class C Permit, because I'm sure that all of`you want -to } rake sure that this thing is operated properly anti' to the . ` satisfaction of the City and my 'concern is not with the `theprocedre. I think it's,..I think it's beneficial pgbli+vqwelfare of the residents of the community*' a for ��e 'me time apAn, and Xet tell you what 'I'm talking 46out ina., :. N practical sense. Our clients, to'do a very good job, one that 1 think the City would be proud of, .mustt ependt .the .cspocisli,y first ear, 4 considerable amount: of money, in ccapitai ' improvement* None-y that must be amortized over the years if we're gonna receive the adequate rate of return that we're ,y )y 3*y tu kL £ 4 April . � 1; 04 "lfeA�` ;ems. Planning v.i.sorl+ �► • contemplating for the project and in addition to the capital improvements that we must spend the first year, in operating expenses alone will be over half a million dollars that we project during our first year of operation. So we really won't know for about, at least three years, what our rate of return on '. this investment will be. If for whatever reason this permit is riot renewed within the one year period of time, we feel that the.,,there'e a severity to the,- to the conclusion that we must follow and that is that these folks will want to invest as much as they can in capital improvements and will do so if they feel comfortable about the leeway that they're given. Let's assume that the city decides to give a one year renewable permit. I assure you that we'll probably still go through with the operation but the difference is that we will probably be a lot: - more cautious about how much we want to improve, how much we want to spend in capital improvements. I think the net result of that Y caution is that the operation itself will not have the kind of expenditure that will make the City as proud as it would be if .we were given a little bit more assurance in terms of the years. So -_ my... from a business standpoint but also as a fallout? I think, from a community standpoint, if we had a three year renewable permit, as merchants I know that my clients would be a lot more comfortable in spending a lot more money in capital improvements. If it did that, I think the overall operation would be greatly enhanced. If we're working with a one year period of time we'll do a credible job, I'm'sure, but you can understand the caution that would ensue in spending that type of money and that's my comments. Thank you. Mr. Manes: Okay, just so that we're clear on what your last statements were. ,When you say a three year renewable permit, are you saying three year permit renewable for► three years at a time? Mr. Cardenas: ft After the first three year period of time, we would not be uncomfortable with "a different renewal but I would say "yes" three, three, three, three and so on. That would -be -my suggestion. Mr. Manes: Okay. I just want to make sure we have that clear. I think we may have a question or two for you. Ms. Spohn? Ms. Spohn: Yes, I'd like to know...I'd like to know who'd...gonna clean up the streets after all of this is? I've been to flea markets up in Hialeah and believe me, the neighborhood really does go down. People eat, take their food out with them and they throw it and the wind blows it all over the neighborhood. Who's gonna clean this mess up? Mr. Cardenas: Thank you. .I think the...:,, Ms. Spohn, the main difference between the type of operation:iike ours and why you would want the City to have a'permit so that'the Officers of -the -City have and the administrators have a say so on who the operators are and what type of business they plan to.,run At -least -from my clients point of view, they've been operating`a massive type of business, as you know, and I think the.-cnmmun_ity-- has been overall satisfied with its results.- We' have -'a work crew that's experienced.' We certainly will have lesser people; probably participating in this type of venture than would participate by going to the track on a given day and more food is consuined at the track than would on this type of concept-And'yet:, T because of the experience that we've had over so many°years, _• we've got a work crew that I think has been satisfactory -.to the - City and we would certainly feel privileged to make sure that we do just that or- else, we know that you would want, to pull our permit and we certainly wouldn't want that to happen and I think that's the assurance the City would have. d Mr, manes; Does that answer your question? Me, Spohn; 5 April 4, 1984, Item Z. i pl.ann��tg ��v�s�► �d i Y _ ; Y - L . +v' 4.• - - .-may. Mr. ManeatThank you. Are there any more questiona for tit. at enaa? ma k6lakit Yes, Mr. Chairman. Mr. Cardenas, ifiil ibte to - the east, the parking lots to the east, the additional parking... F' M., Cardenas: Yes,Y Ms. Kolskit .-.-.What- is immediately to their ea.At? .. ,. Mr. Cardenas s Immed iately excuse me, ..let me Y: mice sure .' . j Ms. Rolskit I can't remember. Mr._ Luacess. Residential. Ms. Kolskis. Residential. _ ` Ms. Spohn: Residential, yeah. I live in that neighborhood. Mr. Cardenas*. Yes, immediately to the east of that up to,.. of course 7th Street, ,almost 7.th Street,. is residential. As you know that there are those fringes in the 7th Street area:that:are commercial. There'.s,a Wendy's in .one corner,. I-'think:•a Burger :King across the street. Immediately: to. tr the :east....up ;to about -6th Street it's residential; however,-these,i,;`:;-k. lots,; as .•you know, nave .been -in operation in the.past and we have r` not;'.had�,>ariy .,trt�uble, 'This will-. not be an ongoing,, you. -knows:. everyday type=of..operation either and. youive -also limited. it -in* your ordinance to, start no earlier than 7 a.m. and to make sure ; it never runs morethan twelve hours and for no more than three days a week..:. . Kolski: I know. I just have a problem particularlythere.,...,.,, ." right. there,: You solved my. problem :on .the we.at. Now, >1, haVe .a new. problem: on the .eaet. with:: the.: residences; that, are =:•'- K'a �M iig!--d ately . -to the east of those extra parking lots. Mr. Cardenas: L <would,a _say this'.:. .We;,'wo.uld.:� ce�rtanl be; more, ..than will'in to y g-- Provide, at,::least:-�the 'fsame�= h ' n'ua►ber of: Eeet...iset,:A you know,; between thow residences: anr3 .the ` area'p6t,: our ,lots; .where ;we: would_ epdd then,. parking so,-that;:youf :will z`¢$ always hay..e, at.: least . a 75, Et. _, buf Eer,, We„ would ;..certainl�� commit �b:�; i6,1_ Rio fthit,,_. 1'• doq't- know howu thats can Jbe�. addressed�Y,in }they :nv ' or4zna +c , this }c' ng'• out 'loud but-, i'fc: what ' we,'- re:.,t d v0s n. i a $ g , b-q �e�rr zone, action :to the residents.r bel:;eve. OrQv:,ion}` would: ,be<= applicable: to ,those.. in O.a So.. aaY eo>ur-# 1O�._ a. 150' ft. i�►v: wi.dthl:a be�.iave t hat : iEF ,f®11 tbeappl.ation a.:,=the ordinance. as is:;ropose�,,:.we .o0.d`.alY be1., ab;.Lto�rk +gars., in the - 75.. western raot': part'==, off'` .th+�a :ltrus R, a r_ . t Lst . PAr-,t 'fi, mubt, cdmply.with;•. the,' buffer:�-p��s fiat_: ybttr Qrtpne:._ has c'a.gl : for• ghat' s9„ bows I .wQuld.':in.tsrpty ter g . suppos .: maybe.;, that . Lz:; .pity �i�to�ria�y� �i.got�� h v�- an o Qn o i.t xn J But xsall an tru.1 v.,*y ob�'o, .parking t eta th;lnk Y n ; +�f he ; •care. sr�_ yo'r�©t; thinking 0€ putting dour stalls than Pvar 0r':E MCrdan444 ; Ob,:,,rof courq. a+� 4µ , - _ - •;-Sty:?Cr. ; >f ,t3 y�'; d'��•$(yye �} � ` ,T '-B` '!!' F .i " •i . , -N.fl %;. :- i&' ,. {ate ., -n,F -oti,:' � "4 i �4 L'�'?•' :i: t 4'411F� �K ��R�k� f - -" 1�' y •�. 2. •��"��� I hg -off the 04ra, th ' i s What the 'va +�e�a' 'end ,`moo T � . 4— Us to that. :1 #` AI ire r rr "� " ��'24'..1.�'x�.,aa suim..aw}zw';� . �,. k. t -- :.s •. L-:a:a ...v.'�° tiTr Mr • Cardtias ! Yea t was thinking about PebPle ,. .. �j r�i {M�sts yy�t}]p iskC zi yt� Y3q . walking -ar6dhd talking and. ♦ . } Mr. Cardenas ,There will be no sales activity -' oonducted, whatst3eter, anywhere other than in a limited area ' within the confines of the fenced in area and... - Ms. Kolski,., i have no objection to the- car parking. Mrs Cardetlass Might. and that will be...and that'rsalea'area will be no more than probably one fourth of the °— gross space that the track owns. Ms. Kolski: No, it's the sales area that I"m concerned about being close to the people. - Mr. Cardenas: well within Yes, it's a very limited sales the fenced in area of the...of the train area and it's building. -. Ms. Kolski: dkay, okay. Mr. Manes: Thank you. Mr. Armesto-Garcia. Mr,Armesto- Garcia: Just for Ms. Kolski information from Mr. Cardenas. To the east; -because I have a property close to there --to the `east, the type of residential neighborhood is,. 's duplexes triplexe not'a`$ingle family home. Its and apartments -'to the east and also some commercial like Gatnmacolor _ tw s a mix. It's not a single...it's Photolab'which is there. I not a single family. It's not a pure residential Mr. Manes: neighborhoods _ Mr. Armesto-Garcia: It's not a.pure residential neighborhood. "It's mixed"with commercials' duplexes , apartments and triplexes Mr. , Manes: Thank you, Mr. Armesto-Garcia. Are there 'any; further questions? Okay,"I just have -a couple of � comments, Mr. Cardenas. First I want to address your,.:your G, request on °the' three year. I don't.I `won't 'decide `what' the ,. r r Board'is"going to do: Each member wilVzhave'-their own sayionT f : thatbut -my: impression `is initially' that; y ou'-know.'-' the your proprietors orsyour`° people would be� hesitant'`to "make that heavy. capital investiture if there's a possibility that there may nonrenewa]. "`"of the ,permit, 'The only reason that' ,the permit would, R. be..,would not be renewed is if there is a serious conflict-,ox so ras "3 ao f that" type Ono if. for _any reason a conflict -of `that ate.., arose; if a' three , "year' permit' was -granted and° you ` made those$# heav ' inOestments that would be all:;the -,hardei't© den the rerewai ofpthe permit° when; you know; `the f'lag.er I�ogxabk c►ses41 and says Look how `much we did and look hbw long you let'us have 9� °1 .{ ,., its I sn° not saying that- it's' right or wrong but, you know, 'my thinking is it might add to the permanency of something teat not deeiret...iot necessarily desired to ;, -';be XQuks w ►oaibly on` a:n experi�aental kaasi a is "one thin. kwfith a onrei r+newal whether., it' be initially 'or three "years down therr►ab 4 iy'kY pg } 6 . .. Y.✓t,k .4 i bxY. - _ v_ k There's sti.l o guarantee °of permanency"", tfiere. rx .: okay, the` only .other comment is the questions that myself and the Board members have'roncerning the, you number of oarkinq, � sp4cos f the distance of separation, tho h��►re � � of operaticon, in .no way reflect on either you or P'ia ier ;r a ' x Tr ck, Yo kn! r we . p . 11�h ink that " the .. �oar� ie 'ih ie D6cj Wrack - as At sets, you know, fit* we wig =the ra etera here but we don't who the next epplieAst. �a ��q �'Fs g �•r ' � F Y INN-� be and who's going to be effected and that's where our concern lies. Those are my only comments there, 71 il I I I It., there.' a no one else * . Is there anyone else wishing -- to speak, on this item? If, therela no one wishing to speak# -we'll cloijathepublic hearing, go into discussion among the Soard Ms. Kolskit Mr. Chairman? Manes: Mo, Kolski. Mo. Kolskit Mr. McManus, did you say that that,.aentencel the last sentence that is currently contained in 2038.2 Limitations on Plea Markets, did you say that that is going to remain part of this or should it be added or what7i, Mr. �Manes: The last two lines on the middle section. is Ms. Kolsk1t Yeah. Mr. McManus: On 2038.2? Mr. Manes: Yes. Ms. Kolski: 2038.2 Mr.. McManus: That's part of the amendment -that we have proposedto you. We are proposing many changes to that. Ms. Kolski: "Okay. Well,. to me that. takes care..of the problem that I have with a 100 ft. in some instance with the 75 ft. because it's at your discretion if you thought it was unwisep.you could increase it to 100,. Mr. McManus: Yes, ma'am. Mr. Mr. Armesto -Garcia, did you have a comment? Mr. -Armesto-Garcia: YesI' would like to know -if ,this is not specifically for this purpose -but- this ,one .�and'.many other in the future, we can as a Board set up some limitation on the type of - business ,they will conduct there. For example, I would not like to see there selling pornographic materialso M r Manes:': Okay, well,that would I aLl,,under, another', aspect..,' They could only sell what is legally sellable, within the zoning classification within the City. We can't restrict it -any -further than the ,present ,code... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ................................. I , Mr.'Armesto-Garcia: I wanted to know. . Mr. Manes:: *and 4t, WpuldW t- -be 'Onr, more. 1iberal.s �, You know.#,; pornographic.materials,,:.are not, allowedin, some areas and they are allowed in others so that would be addressed '.bythe .zoning code. Mr. -Maxwell, you can correct me if JIM wrong, I don't think we can further...further limit that without an,. -overlay-. district could we? .- :Je 14r. Aaxwell; c:, :ogle of books. For ,instance i �Sorryj you..can rest t I that area could say no,_book&i - :in t Wo��_bo6k stores�1or instance, :but 'to rev. tot ;Youz,,.'ovtoiplace ,restrtctions on pornographic. .-material would nit ,be appropriate in this particular point. Mr. Armeato-Garcia: okay, K Mr, Manes;- Thank -you Av than comments or questions? FP Mt. Attesto-Garcia: Algol I want to know something Mt. Attesto-Garcia: Algol I want to know something for information for this case and the future. The..,1 would like to see thet*e if the coifioany wt the Owners of -that will Provide security service instead of using the taxpayer Miami Police bepartthenti- They will hire a private.. ,Private company in the _Q security business instead of using the6a6our taxpayer Police Mr. Maness Okay. Mr. Armeato-Garcia: We can work out something like that. Mr. Manes: Well, I..,you know, 1 do believe that Mr. McManus or someone else can answer this better but I'm sure that as far as private property is concerned, the City of. Miami Police wouldn't have anything to do with that unless they were called and on the public streets, you know, the City would be performing its normal function. Mr. Armesto-Garcia: Because I have seen the police people directing the traffic in the Dog Track, Mr. Manes: Right, you seep they hire off - duty policemen and... Mr. Armesto-Garcia: That's what I want to know, those questions, you know. Z-1 Mr. Manes: Is that pretty accurate, Mr. Cardenas? Mr. Cardenas: (Spoke from out in the audience) That's accurate. We... Mr. Manes: Okay, if you're gonna answer you need to go on: the record there. Mr. Cardenas: Thank your Mr. Chairman. We always have and will continue to pay for both off, you know, off - duty police protection as well as security service protection. ry Mr. Armesto-Garcia: Okay. Mr. Manes: The City's always been very happy with your performance. If there's no further discussion the �2 ;X chair is ready for a motion. Mr, Luaces: Mr. Chairman? Mr. Manes: Mr. Luaces. Mr. Luaces: I move to approve the item,in number two as presented by the Planning Department, Mr. Manes: Thank you. Mr. Armesto-Garcia; I second it. Mr. Manes; Okay, we have a motion to Oproire 4" agenda item #2 as presented and the.motion to approve:-WAs Made Mr., Luacesy seconded by Mr. Armesto-Garcia. If therelsno discussion on the motion, please call the role. (Secretary called roll on the motion) AYES; No. Kolski and Spohn Iftsers. Ranes, Loacest Correa and V_ _ NAY SS I _ ABSENT-4 .:...M� rs. � n ��nin and, Dieq i��tc;iti�3 carries motion .. t:. Mkt, '�"h�tY►k you Very iftu . lddiela#:and gent-lemen s r: ,+zit;;•.. X. 40, " - i:2 i_. -t .a r s �,+,,. e':, i'' # � ? {, i63� ( +'i%-nS-R�kI�-'C� f 3 x 4'�'�:�'.��• -_ - - - j• i 3 - J�. ` - — > ir< 1. i. E' 3' `it 4 "oF�ur�..';, MR _ r m�39e'sF—A.1--�---- , a Mr. Maxwell! Mr. Chairman.:. . Mid. Manes! Mt. Maxwell-, ,Mr. Maxwell: ...members of the soard, a point .of clarifidati6n on agenda item.'number 2, 1 believe when _ Mr. Luaces made his motion on that particular itemm, correct one if N 11tt wrong, Madam Clerk, but I don't think he moved ... he indicated .that he was also adopting the modifications. l think he•simply i _ Mr. Manes: As ptesentedeOF yf b Mr. Maxwell: ...as presented and I think the ,_motion,.you'need to reconsider that particular item if that was .'his intent and t beiiave it was to incorporate the` atttendtents'.= Mr. Luaces: To incorporate the.'.. Mr. Maxwell:That's right, the motion should include Verbage to the fact that he was moving io accept the amenatLants'. - Mr.. Manes: Okay, well we're referring to,the last one where, the changes were made from 400 ft. for a parking 'space, to 550,1 from 10 hours of operation to 12 and 100 ft. to 75. the Planning Department's, Mr. Maxwell, you know, my under- standing and as I let that one go'by, the Planning Department's, ' You know, presentation, as'presented to us was incorporating" _ those three changes. You know,'he asked us to strike at the time .there, and that conformed it with the,' you know, at least one part -of it. Mr. Maxwell: What he asked you to...you're right, Mr. Chairman, he asked you to but someone has to accept - r Mr. Manes: Okay. What would you like? Would you ,like,just reconsidering that motion, open u the item ` p again? .. �. Mr. Maxwell:. That' s correct. Mr. Manes: Okay... .Mr. Luaces: Mr. Chairman, could we recognize the, 9en:tleman' as .soon as we finish that item,, Alfonso? 3� 'a Mr, Nunes: .Okay, I don't know exactly, what to, Mr. Alfonso. Y, .you wish . to speak Mr. Alfonso:. — We11, my 'name is Jack 'Alfonso: z. 3 Mr. Morsel Okay, well • f -.think h+ ,$,l1 "need to Abe 'sworn in wj.1i he not? , r t- -Mr.,fon$sa: 1`'m not 'going to `make:.:' F Mr. Maxwell: Is ,that Un this item? r M Mr.ionaot ..,I. am not doing to mane any; statement... ''. !z Xr, .MaTi��; �u�t one &e�"Qn�s Mr�� ax��l�� ;M s ' Mr. Maxwell: Is that on the reeonsideratic to of { that item?, ` Mr. Manes; I don't nQw what it's onI j� i Mr. Luaceas No, it's on the previous one that we ... he is not leaving because he would like to say something and i would like to recognize him on the previous -one that we just... Mr* Manest Okay, if there's no objection, s- proceed. Mr. Alfonso: I only want to make a comment. ' My name is stack Alfonso... V F Mr. Maness Your address for the record. Your address please. x Mr. Alfonso: 351 SW 8th Street is my office, Miami, and"I see this audience' here tonight. Everyday I see less and less people coming to this meeting and I don't blame them, you know why?because Mr. Chairman, it's embarrassing when you. • don't'give the opportunity to Mr.'Hancock for rebuttal. Even though the public hearing was closed, any member of the Board can make.. ask'him-the gUest.iono give him the opportunity of a rebuttal, Mr. Whipple, and you don't give him this opportunity and that's embarrassing. You told him the public hearing was closed and you don't give him the opportunity. You're supposed -_ to hear the people. When they come here, using their time and they come here because they have a reason to be here but I don't R blame them they don't be here anymore because that's embarrassing you don't give the opportunity to people to talk and that's embarrassing and a shame that you are the chairman of this Board. - Mr. Manes: Okay, you're entitled to your r opinion... Mr. Alfonso: Yes, I am:` s Mr. Manes: ...Mr. Hancock had numerous ` opportunities to speak. The public hearing was closed. He was given opportunities -'to rebutt. Mr. Alfonso: I have been 'the chairman on .the Zoning Board -for -many., many...and even though`the public -hearing IS' closed, if any , one of the members want- to `raise the quest -ion, I they t-can talk. ,-You don't give' -him the opportunity... Fxa r Mr. Manes: Well, you have your rules°on... 4 - Mr. Alfonso: ...for rebuttal. Mr. Whipple was misleading you, sir. - Mr_. Manes: Well, you have your rules and your opinions and we appreciate that you have those. Okay, -we are now readdressing item #2. How this works �3 on reconsideration is one of the people that voted in favor of the motion that' wasadopted has to move=for'`reconsideration then i needs to be seconded, a vote is taken, has to be two-thirds vote e and then we `can` readdress the motion on -itemr42.- Nir.j"Luaores, I t n believe° you were the maker of the motion so I think it would be. 3 appropriate if you were to move for reconsideration. Luacest I will move . for reconsider-ab.ion. ' < Ms'.: Kolski. t I'll econa. r Manes; Okay, thank `you. 1e the.r+e- y 4i�scussion�on .the for recons derat on �f our vets �t� its #27 ; 'Rei,ncg, none, please call the roll. t (Secretary galled roil on the motion. i _ t J %NSF' ,24 XAP4.. � s} x If AYES: Ms. Kolaki and Spohn- Messrs. Manes, Luaceat Correa and Armesto-Garcia «yf — NAYE3 t None, AMgKN' : Messrs. Benjamin and Diego Mt. Rodriguez: The Motion carries 6 to 0. Mr.'Manes: Thank you. We're now back on the Mr. Luaces, would you like to motion stage of agenda item #2. y `._ ,-..�. perfect the wording of your motion? Mr. Luaces. flow do you want it? Mr. Manes: Okay, I think what we want to do is basically the same motion as before approving item #2 as presented and incorporating the changes in hours of operation, size or ratio of parking spaces... - Mr. Luaces: Is a... (unintelligible) Mr. Manes: No, it's not all there. I'll tell you what. Mr. Maxwell, would you want to make it or would you like me to make the motion and have him move it? Mr. Luaces: I would like to say you to read". the way he presented to us, as,it was part of this, in this page and that's the way.I.want it, the way I understood from Sergio - with the changes=that supposedly were on this front page. Mr Maxwell: Yeah, Mr.(Chairman? Mr.' -Manes: Mr.` Maxwell. Mr. Maxwell: As you `-are aware, any one that voted for it..can move, can move to have -it reconsidered. The vote on that particular.. item was 6 to�. 0: = If you'd like' 'to''pass the gavel and make:it you'can. Mr. Luaces's point:Diiwell taken. What he wants,to.-'do-'is incorporate -the 'modifications''in it but answer our°,question,' you -can pass the : avel'"--arid make the motion. Mr... Manes:.. We11= what`' I was thinking was suggesting the°.wording of the motion and -t'hen 'have Mr' Luaces or, whoever would ' like -to; to'move it. Mr.Maxwells- Oh;-` certainly, "he can incorporate.• your wording -if he wants. :. H Mr, Manes: Okay. Mr. -Luaces: Go ,ahead: Mr.: -!Maxwell: Zgcuse me; he ,can* adopt ycut wording . - lJi Mr.°'.'Monea c - Okay, back to.._ item #Z'. r '1!he. ; motion I b li ve that you want would k� ov3.n -oce e a p y e" Ppr gr'' 9►` ' _ .,;_._ approving agenda item number 2 as presented by the Planning 4=� Department and incorporating the three changes Mr. -` which is changing the o of 4 9 hours operation from 10 t4 1Z, .ci��tanc. from nearby residential, property from 100 ft. to 75 ft.'.-_an� changing the aware 'footage from 400 to $50 ft. ,per pa Is that correct, Kr... From hours to 12 h Mhy� . !R#t♦"�Ii b1tA/-'�Fa�.!jla'.0 _ ffiA.._:,P...l.. Mr, Manes: W have that. UO.h�as }t; operation from 1.0 to 1.2, 4 ietance fc� 100 ft., I{g'n .parking ratio changer it from 400 act. ft., 0.150. ��� ` �► u" `��� like to move that Mr. w4caa? 'w` 0 Mr. Luaceat t move. a And de Mr, Manes: Thank you, cand? Mr. ArfftestO-Oarcia: I second. Mr. Manes! We have a fftoti6ft to adopt the 1 just suggested made by Mr. LuaCeAt Seconded by Mr. Armeato- Garcia. is there any discussion? Please call the toll. (Secretary called the roll) AYES: Mal Kolski and Spohn Messrs, Manes, Luadeg# Correa and Arne s to�GarC is NAYES-. None, ABSENT: Messrs, Benjamin and Diego Mr. Rodriguez: Motion carries 6 to Mr. Thank you. RESOLUTION PAB 20-84 RESOLUTION TO RECOMMEND APPROVAL, AS AMENDED.# TO THE CITY COMMISSION OF AMENDMENTS:TO THE ZONING TEXT OF ZONING ORDINANCE 95001 AS AMENDED, BY AMENDING ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS, By PROVIDING A -NEW SUBSECTION 2038 TITLED PLEA MARKETS AND -!xd SUBSEQUENT NEW SUBSECTIONS.2038.1 DEPINITION..;=. AND 2038.2 LIMITATIONS ON PLEA MARKETS'-TO4 PAqVIDE,,THAT THE OPERATION-OP'PLEA MARKETS' _' REQUIRES A CLASS C PERMIT,:EItEWASLE ANNUALLY; FURTHER SPECIFYING,CONSIDERATIONS1�ND IN THE ISSUANCE OF THE PERMIT ANNUAL REVIEW INCLUDING BUT NOT LIMITED T0ACCESS, -_ DISTANCE* FROM -RES I DENTIAL - USES',v-:_; PAVING STRIPING,,- LKWAYS,, HOURS.'OP_o.PRRAT1ON1, AND BY AMENDING, THE OFFICIAL ,00MIACILITIES; SCHEDULE OF.DISTRICTREGULATIONS PAGE_: :_CG=J:-,t ZONING DISTRICTS.-' -PRINCIPAL' - USES: AND STRUqTVnS1,'.T0 PROVIDE -A NEW TITLE ' PERMISSIBLE ONLY BY SPECIAL :PERMIT" ROVIDING THAT PLEA M# HAVINq A MINIMUK��Iz; P KPTSI, AREA:-OF 50,000 SQUARE FEET PROVIDING':& - MINIMUM OF 120 SQUARE._ FEET. PER" SULL' AND cent ACCESSIBLE FROM MAJOR STREETS: -SHALL REQUIRE' �A CLASS: C"PERMIT PER SURSECT 3`� �ON PSS REFERENCE _ 4 � PAOYXID NO RE , U "Arl- F LLOWING'jp AND UNDSR� IN . ...... OARKII JG REQUIREMENTS PROVID1 $WETS SHALL PROVIDE A 141NXHU14 OF_.QNI PARKING SPACE PER STALL ANDON 11E0 FOR EACH 550 SQUARE 794T :0 G RO At pf-3 !T 4;A 2 `ti P, MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE' Ssfore do undersigned authority personally appeared Dianna stum, who on oath Says that she is the Assistant to gm publisher of the Miami ReWew and Daily Record, a daily oxoW Saturday, Sunday and Legal Holidays) newspaper, published at 1111100311 In Deft County, FWh* that the attached copy of admfisetrient, being A LOW Advertisement or Notice In the Manor of CITY OF XIAMI Re: ORDINANCE No. 9842 X. X. X ......................... court, was putpilished In said newspaper in the Issues of June it 1984 Afflont fW0W S&P that dw SSW MIAMI Ravl*W OW Dsft Record is a now= pubN~ at 111111SMi In said DO" Cm"- Florida.and th Said new IpWr has hwetofof@ been continuously pubasheti In Said Dole Florida, w" day Eqpt setw%ft and I= been Sunday and ILAN10=161 onte," as, swond do" Mail matter a tne pool offics in MlwM In sold Dade Couft Florida. for a Period Of ON YON on of the attached SON first =0' says flext n IM peW and am hw" that " hnoW nor So any pa=-. em, or corporation any discount. rehab ow ion or to IN " purpose, of socu" this of pubilostion In sold ....... .... before me this A.A.D.19 ...84 . A at Large (SEAL) My A, ING OF'LAND FOR OADINANde'kc AN OFIDINANCi.PA64i6W6--�6i!'�,'�tA .1 . '` "b mukiciPALILE&IOWIN TH ,VLtITy 'MMEIER 4-,"l084;W.TH'-AVSPECT T011 PARK AN05ASCAOATION FACIP14981 0"01 A dE MtNblNG THE 0 -NO�'VA -THE ZONING bAbkkkabl DZ 13'Y L 25 MdAt PAOTOU . - MUM 'ANG96- ............. Jj t �.a . {�'. t t { ,cr�s',y,.tns�e •v'rli..4'T ._ -•:w2! ft'1 � 1 . �7 it 2 ��S a4 m';,.RP'i+rF•#alrRS:x'^'''ns+: ci ai { t a • K` 1 �-' 4HkDrJT'bi�5r6.Wn6+O'T`� _ J yi,...•4T�'=.lr^�!�yLtyMawh"n.t+z.tIr AittM'.'ev1N�YHAiu:R" 3G'r 'M aw.' _v ..I�,..�yspq-+,+ aisM.^.�• \'R& •: �.A4x RIW:y�.n �'A,Y.+g+ May,§iy' ��,� .: �,��.�s �•s,Jri,��;r+.aa.. ..+i �y�y,ut,.y.:,�,�s„ y. '+�. ?'�i" J• ff s� �` r E.sr..s.��ar.ss.:sn R'+...rss as,:z. � x `i ._/ ' j a C. J 7 .t �,y,..a�..xC,h i �� u•.,+._; y { �`?' � €t .u�m<.ua>ava..+c,. . x s u. 'j� it>•'. l � - e'}� ,.G .mar +> fi a�L�` � � �,s7mw`�� '�? �''' �>� A _ • � / 'i.. v� ., ti da dr iL.Y}yrti i' � lY y y ry! �.FY{lA�*�..Y �„y'ra"vs4 ♦ R3t,;,.. n £' xhPwk'dn.,s, . 9aa,a+��.oe=* ypyaFrv�+i43+�f�q.'w•'�yu'^"`�'a�.r `*"'«:. _�.a 1 a.�`. 4 c 9 MIAMII REVIEW AND DAILY RECORD Published Wily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE Before the uxWN*nsd authority personally appaarod Dianna Stuwr, who on oath says that she is the Assistant to So Putdlsher of the Miami Sunday and and Dahl ys�wsMaK. , a daily at �' in oade minty, Florida; that the attached OW of edmil,"Wt. being a Legal AdwrNarnsnt or Notice In the matter of _ CITY OF MIAMI Re: ORDINANCE NO. 9842 _ Iathe ........?�. X. X................... wu published in said nwrspapar In the Issues of June 1, 1984 the "M Miami ANiant further says that Renew and Daily Record A a pumial at Mls+rrl a she Dade a been Florida, ON shmi In sNd� has Florida, each eaY nuouNy P Sunday and LepN Mol 1 and has been as second olase ma11 matter ;FtG post office In Miami to "M cede Comb. Florida, for pe*w of oone yew a:nt...i e.rtl�r am that sal has _nNtiru n9N -ANt) , PARK AND REGtREAT- IPN OwiNANO AN bRbINAN AM11NOIN4 YHE ION' Nb, g�t{D;'iHE ZONWG�RbINAA10Ei� bA, WY, CHANdING `I`#�EI ;1MAt�tY: � DT :N6,2+bi+00-iNtST 25T1 eeOall. p A b�,_NMA4 'T6 F0 2!'t �t j xyXW,.r j. rdI NG E N STi4i1MWE; ,6Y'llt0L"AING'CtASS C•SPECIAL PERMMITS FOft FLl A VARKEtir`OUS,IECT`16 CONDITIONS,' PERMITTING FLEA MARKETS UNDER "LIMITATIONS ON USES" AND ESTABLISHING MINIMUM PARKING REOUIReMENTS;'CONTAINING A REPEALER PROVISION AND A SEVERASILItY CLAUSE. ORDINANCE NO. OW AN EMERGENCY ORDINANCE ESTABLISHING A NEW SPECIAL REVENUE FUND ENTITLED, `INTERNATIONAL FESTIVAL, 1984", AND APPROPRIATING FUNDS FOR ITS OPERATION IN THE AMOUNT OF $126,000 COMPOSED OF $45,5W PREVIOUSLY. ALLOCATED,TO THE INTERNATIONAL, FESTIVAL FROM:SP.ECIAL:PRORFAMS AND ACCOUNTS; QUALrry OF LIFE FUND, AND $79,500IN REVENUES RECEIVED FROM THE SALE OF TICKETS AND BOOTHAENTALS, CONTAINING 'A REPEALER PROVISION AND -A SEVERABILITY CLAUSE. ORDINANCE NO.9844 AN ORDINANCEAMENDING ORDINANCE NO. 95001HEZONING. ORDINANCE OF THE'CITY OF MIAMI; FLORIDA; SY:APPLYINWME HC-1 GENERAL USE HERrma CONSERVATION O,VERLj%Y-DW.RIQT TO THE-"COLA-NIP°BOTTLING;COMPANY`�SUILDING"i;LOCATEO AT APPROXIMATELY 227 NORTHWEST 9TH:STREET 4MOR&PA , CLAUSE -'ORDINANCE, r: AN OROINANCO AMENDING ORDINANCE NOf'950$TMF, ZONING ORDINANCE -OF THE CITY OF MIAM1, FLORIDA,,BY APPLYING THE HC-1 GENERAI; USE, HERITAGECONSERVATION OVERLAY DISTRICT TO THE"XRAY CLINIQ".:LOCATED AT APPROXIMATELY!:/7i:NORTH• WEST 11TH STREET,'{MURE PARTICULARLY DE$QFdIjED HEREIN); HE MAKING FINDING$. AND SY MAKING ALL.TNECESSARY CHANGES ON.PAGE.NQ..23 OF TIiE.ZQNlNG ATLAS M,AOL A P4tRT OF SAID ORDINANCE O"QW, BX;RMRENC �,kk _RE$QRIP,_ TION 1N ARTICLE .,.SECTION M. ;TF1EFiEOF; CONTAINING:A REPEALER PROVISION;AHD A'SEVERAIILITY QLAU$E;, ,. �dAAlN'AN`CB NQ;•,@8A$. a , AN ORDINANCE AMENDING SECTION$' $2-15, 04 24', 62.2$, 62 33, 62 34, 82,'}5. S2 47. 82-48; $2.49, 82.52 "lio $2 OF GH ER 62, ENTITLED "?ONING`A14D PLANNING', OF THI, :d' U OF- THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY PA Vi I ' ,FOR ;AN INQREASE•IN MEMBE,.RSHIP OF THE CITY PLANN1. QXi$QRY BOARD -AND THE CITY ZONING BOARD TO. PON$IST, Q +,.9 MEMO BERS AND, 1,ALTERNATE MEMBER FOR.:EACH BOARD.. ITY CLAUSE.. . QRRII4ANCE AN ORDINANCE AMEN.GING:.SEQTIQNS 1 AND. 0, 00,0iDINANCE 3Q, 19JI IA1,HQ$PITAW QQNTAININQ Ann, REP , E 1 1 �►NC , RAWH Q. C1N01E *£ ; ''tea CITY CLERK CITY 0 M141014 49ma-4, • 1$iM . 0