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HomeMy WebLinkAboutM-83-0547J-83-362 ORDINANCE' NO. AN ORDINANCE AMENDING ZONING ORDINANCE N0. 95Q0, THE ZONING ORDINANCE OF THE CI'iW OF MIAMI, FLORIDA, BY AMENDING SECTION c1558 ENTITLED "OFF-STREET PARKING AND LOADINW' OF ARTI� LE 15 ENTITLED "SPI: SPECIAL iUBLIC INTE STS DISTRICTS" BY PROVIDING @'OR THE PHASE6 SATISFACTION OF CERTAIN OFF-STREET LOADING SPACE REQUIREMENTS; BY REPEALING ALL ORDINAh?4`ES, CODE SECTIONS, OR PARTS THEREOF IN CONFt,ICT; AND CONTAINING; A SEVERABILITY CLAUSE. k: WHEREAS, the Miarma. Planning Advisory Board at its meeting of April 20, 1983, Item ko. 2, following an advertised hearing, adopted Resolution No. PAU 39-83 by a 4 to 0 vote, RECOMMENDING DENIAL of an amendment to`0rdinance No. 9500, as hereinafter set forth; and WHEREAS, the City Commhz.6ion, notwithstanding the Planning Advisory Board's recommendati�n� after careful consideration of s this matter, deems it advisablk. and in the best interest of the 1 general welfare of the City of Miati and its inhabitants to grant this amendment, as hereinafter set north; NOW, THEREFORE, OF MIAMI, FLORIDA: Section 1. IT ORDAINED B)C THE COMMISSION OF THE CITY Ordinance No. 9500� adopted September 23, 1982, as amended� the Zoning Ordinance of',the City of Miami, is hereby amended)in the following particular "ARTICLE 15. SecVion 1558. SPI: SPECIAL DISTRICTS 1 PUIRLIC INTEREST OFF-STREET PARKING AND NOADING. Offstreet loading requirements sh 1 be as provided in Sections 2022-2023, provi ed that special permit requirements set forth \hherein shall be waived in cases where new dlop- ments involving general Class C vial permits cover the same matters:; and ther 1 . " Words and/or figures stricken through shall be deleted. Under- scored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. DENIED By MOTION B3—Sa��. rovided that where a property is developed in phases, the calculation tnr offstreet loading set forth in Section 2021 may--Fe- based upon the maximum FAR allowable for the entire property with each phase required to include only the number of offstreet loading spaces which would be proportionate to that phase's actual square footage in relation to the total square Footage of the entire development. Section 2. All ordinances or parts of ordinances in conflict herewith insofar as they are in conflict, are hereby repealed. Section 3. If any sections, parts of sections, paragraphs, clauses, phrases or words of this ordinance are declared invalid, the remaining provisions of this ordinance shall not be affected. PASSED AND ADOPTED ON FI Q'r ADING BY TITLE ONLY this I2th day of clay 8. PASSED AND ADOPTED COND READING BY TITLE ONLY this day of 1983. ATTEST: J MAURICE A. FERRE, Mayor RALPH G. ONGIE City Clerk PREPARED AND APPROVED BY: — � 6d ` • 2%, 0 L E. MAXWELL sistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: duzzt,44,94u. SE R. GARCIA-PEDROSA City Attorney WPC/pb/097 -2- 83-54 t. 4 CITY OF' MtAR1 . FLORjC4 �l INTEROFFICE MEMORANDUM L AL 1 �r,. CITY t�,.,,,t,,C _f' S Of'FICE ?� Howard V. Gary E April 27, 1983 FILE 1 City Manager Amendment to Zoning Ordinance / 9500; SPI-5; Offstreet Parking and Loading io Rod ez `' City Commission Agenda xZecgutive Secretary May 12, 1983 Planning Advisory Board The Miami Planning Advisory Board, at its meeting of April 20, 1983, Item 2, following an advertised hearing, recommended denial by a 4-0 vote of a proposed amend- ment to Zoning Ordinance 9500; SPI-5 Brickell-Miami River Residential Office District: Section 1558 Offstreet Parking and Loading, that proposed to relate the truck loading bay requirement to the phasing of a project. SR/JWM/ vb nff 83-54 71 PLANNING FACT SHEET APPLICANT City of Miami Planning Department: March 28, 1983 PETITION 2. Per the referral by the Planning Advisory Board to the Planning: Department for recommendation, March 16, 1983, consideration of amending Zoning Ordinance 9500; when effective, by amending the regulations in the SPI-5 Brickell-Miami River Residential -Office District for Section 1558; Offstreet Parking and Loading to pro- vide that where a property is developed in phases, the calculation of offstreet loadino set forth in Section 2023 may be based upon the maximum FAR allowable for the entire property within each phase required to include only the number of offstreet loading spaces which would be proportionate to that phase's actual square footage in relation to the total square footage of the entire development. BACKGROUND On March 16, 1983, Mr. Dan Paul requested a change in the text of new Zoning Ordinance 9500, SPI-5 Brickell-Miami River Res Qential- Office District pertaining to off-street loading. The Planning Advisory Board referred the item to the Planning Department for recommendation. ANALYSIS (see separate memorandum attached) RECOMMENDATION PLANNING DEPT. Denial. PLANNING ADVISORY BOARD Denial, by a vote of 4 to 0, April 20, 1983. 83-54 $1 I 70 Planning Advisory Board SergiO-'Rodr''igu z, Director Planning Department Proposed Amendment C11Y OF MIAh1+. FLORIL4, INTER-OFFICL MVIORANDUM April 15, 1983 FILE (See note below) Offstreet Truck Loading Bay Amendment to Section 1558; SPI-5 District, Zoning Ordinance 9500 The request is to amend the ordinance text so that in a phased project, the required number of offstreet truck loading berths for a particular phase would be in the same ratio that that phase's square footage bears to the total square footage of the entire project. Analysis The Planning Department opposes the proposed amendment for the following reasons: 1. Ordinance 9500 already affords major developments substantial relief both in number and size from the truck loading requirements of Ordinance 6871 as evidenced by the following table: Office Buildings: Required Truck Loading Bays Floor Area square feet 0 10,000 50,000 100,000 200,000 500,000 750,000 10,000 -50,000-100,000 -200,000 -500,000 -750,000 -11000,000 Ordinance 6871: 0 1 1-2 2-4 4-9 9-13 13-17* Ordinance 9500 0 1 2 3 4 4+(1)** 4+(2)*** *Ordinance 6871 requires one additional space (12' x 45') for each additional 60,000 sq.ft. increment. **Ordinance 9500 requires a minimum stall size of 12' x 35'; however the number of stalls in parentheses are a minimum stall size of 12' x 551 . ***Ordinance 9500 requires one additional space (12' x 55') for each 250,000 sq.ft. increment. Note: Table corrected consistent with oral corrections given to Planning Advisory Board on April 20, 1983. 53'-54:. --- 4 I Planning Advisory Board April 15, 1983 2. Ordinance 9500 recognizes a geometric relationship between required truck loading bays and the size of development rather than the arithmetic relation- ship in Ordinance 6871. The proposed amendment would return to the arith- metic relationship which Ordinance 9500 seeks to correct. 3. There are a certain number of daily truck deliveries to an office development (postal, maintenance, soft drinks and moving). The Planning Department judges that the number of truck loading bays required in the table above for develop- ments of less than 500,000 square feet reasonably reflects this situation. 4. The amendment presupposes follow-on phases of development; there is no guarantee that there will, in fact, be follow-on phases. The amendment would be an open invitation for other developers to proffer follow-on phases as a means of relief from the truck loading bay requirement. 5. A developer can always apply to the Zoning Board for a special exception from the truck loading bay requirement, which can be evaluated on a case -by -case basis. The Planning Department recommends this course of action rather than amending the Ordinance text. - Recommendation The Planning Department recommends denial of the amendment. SR/JWM/vb 83-54 i RESOLUTION NO. PAB RESOLUTION RECOMMENDING DENIAL OF AMENDING NEW ZONING ORDINANCE 9500, WHEN EFFECTIVE BY AMENDING THE REGULATIONS IN THE SPI-5 BRICKELL-MIAMI RIVER RESIDENTIAL -OFFICE DISTRICT FOR SECTION 1558; OFFSTIEET PARKING AND LOADING TO PROVIDE THAT WHERE A•PROPERTY IS DEVELOPED IN PHASES, THE CAL- CULATION FOR OFFSTREET LOADING SET FORTH IN SECTION 2023 MAY BE PHASES UPON THE MAXIMUM FAR ALLOWABLE FOR THE ENTIRE PROPERTY WITHIN EACH ' PHASE REQUIRED TO INCLUDE ONLY THE NUMBER OF OFFSTREET LOADING SPACES WHICH WOULD BE PROPOR- TIONATE TO THAT PHASE'S ACTUAL SQUARE FOOTAGE IN RELATION TO THE TOTAL SQUARE FOOTAGE OF THE ENTIRE DEVELOPMENT. AMEND THE SECOND PARAGRAPH OF SECTION 1558 OFFSTREET PARKING AND LOADING OF ARTICLE 15: SPI: SPECIAL PUBLIC INTEREST DISTRICTS BY ADDING THE FOLLOWING UNDERLINED LANGUAGE: "Offstreet loading requirements shall be as provided in Sections 2022-2023, provided that special permit requirements set forth therein shall be waived in cases where new developments involving general Class C special permits cover the same matters; and further provided that where a property is developed in phases, the calculation for offstreet loading set forth in Section 2023 may be based upon the maximum FAR allowable for the entire property with each phase required to include only the number of offstreet loading spaces which would be proportionate to that phase's actual square footage in relation to the total square rootage or the entire development." 83-547.