HomeMy WebLinkAboutO-09359ORDINANCE NO, 93 5 9
AN ORDINANCE AMENDING ORDINANCE NO, 6871, THE COMPREHENSIVE
ZONING ORDINANCE FOR THE CITY OF MIAMI, BY MODIFYING SUB-
SECTION (3) OF SECTION 7, ARTICLE XXtI 3, SPD-1 CENTRAL
ISLAND DISTRICT PERTAINING TO GROUND LEVEL PEDESTRIAN OPEN
SPACE AND BY MAILING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART of SAID ORDINANCE NO, 6871 BY
REFERENCE AND DESCRIPTION 'IN ARTICLE III, SECTION 21 THEREOF,
BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF
IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of May 6, 1581,
Item No. 5, following an advertised hearing, adopted Resolutions No. PAB 25--81 by
a 6 to 0 vote and PAB 26-81 by a 4 to 2 vote (2 members absent) RECOMMENDING
APPROVAL of amendments to Ordinance 6871, as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of this matter,
deems it advisable and in the best interest of the general welfare of the City
of Miami and its inhabitants to grant this amendment, as hereinafter set forth:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Ordinance No. 6871, the Comprehensive Zoning Ordinance of.the
City of Miami, be and the same is hereby amended by modifying Subsection (3)
of Section 7 of Article XXI-3, SPD-1 CENTRAL ISLAND DISTRICT and inserting thereof
new subsection (3) to read as follows:
(3) Minimum Ground Level Pedestrian Open Space
Minimum ground level pedestrian open space
shall be at least thirty-five (35) percent
of the gross area. Ground level pedestrian
open space shall be construed as including
areas of the grade line measured at the
elevation of the bulkhead and allowing for
a five (5) foot variation along a given cross-
section of the island, except that twenty (20)
percent of the required open space may occur
above the aforementioned level, but not over
thiry-two (32) feet above the bulkhead. The
majority of the ground level pedestrian open
space shall be most appropriately located
toward the mainland portion(s) of the island
district.
i
Section 2, The Zoning District Map made a part of said Ordinance
No, 6871 by reference and desctiptioft in Article III, Section 2 of said
Ordinance is hereby amended to reflect the changes made necessary by the
amendments,
Section 3, That a.11 Ordinances or pacts of Ordinances in,conflict
Herewith be and the same are hereby repealed insofar as they are in conflict,
Section 4. Should any part or provision of this Ordinance be
declared by a court of competent jurisdiction to be invalids the same shall
not affect the validity of the Ordinance as a whole.
PASSED ON FIRST READING BY TITLE ONLY this 19TH day of NOVEMBER 1981,
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 15TH
day of DECEMBER 1981.
Maurice A. Ferre
MAURICE A. FERRE, MAYOR
ATTEST:
RAL G. ONGIE
CITY CLERK
PREPARED AND APPROVED BY:
I7 V IJWS 1 VW%g
MA K A. VALENTINE
AS ISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
,2_
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday. Sunday and
Legal Holidays
Miami. Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Dianna Stuver, who on oath says that she is the Assistant to
the Publisher of the Miami Review and Daily Record, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida: that the attached
copy of advertisement, being a Legal Advertisement of Nolica
In the matter of
CITY OF MIAMI
IN RE: ORDINANCES 9359, ETC.
in the ....... X ..X.. X... ........ ........... . Court,
was published in said newspaper in the issues of
Dec 21. 1981
Afflani 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
advertisement: and afliant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
4,
... f.' i`.`: � : r-'? ."-:-��' `t—' �' , t r,,.:�.. *r:%�<�-4-LAC+•' ...... .
Swofn to ano sutl`scribed-before me this
21st y of (DeC Y A.D.14'1
Betty J. Brooks
yV Nbbbtary Public, State of Florida at Large
(SEAL)
My Commission expires 19$3.
MR 110
WV GP'MMAMiII,,
bAbt e6UNtY, taL�I�ibA
LfEbAL k6flbE
All interested Will take notice that on the 15th day of becembr l,,
1981, the City Cofnmisslon Of Miami, Florida adopted the following
titled ordinances:
ORDINANCE NO.9369
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE POR THE CITY OF.
MIAMI, BY MODIFYING SUBSECTION (3) OF SECTION I;
ARTICLE XXI.3, SPD•1 CENTRAL ISLAND blSTRICT
PERTAINING TO GROUND LEVEL PEDESTRIAN OPEN'SPACE
AND BY MAKING THE NECESSARY CHANGES IN THE ZONING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO.
6871 BY REFERENCE AND DESCRIPTION IN ARTICLE ill,
SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES,
CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND
CONTAINING A SEVERABILITY CLAUSE,
ORDINANCE NO, 9360
AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI, ,ARTICLE XIVA, SPECIAL
COMMUNITY COMMERCIAL -- C-2A DISTRICT BY: A.
DELETING PARAGRAPH (j), SUB -SECTION (57) SECTION 1
USE REGULATIONS AND RENUMBERING SUBSEQUENT
PARAGRAPHS (k) AND (1) TO p) AND (k) RESPECTIVELY; B.
ADDING NEW PARAGRAPHS (f) AND (g) TO SUBSECTION
(1) SECTION 3, CONCERNING LIMITATIONS ON USES; C. BY
AMENDING SUB -SECTION (3),SECTION 3 CONCERNING
LIMITATIONS ON USES; D. BY DELETING PARAGRAPH (a)
SUBSECTION (1) SECTION 4 CONCERNING FRONTAGE ON
PEDESTRIAN STREETS AND SUBSTITUTING IN LIEU THEREOF
A NEW PARAGRAPH (a); E. BY AMENDING PARAGRAPH (c)
SUB -SECTION (1) SECTION 4 CONCERNING OPEN SPACE
ON PEDESTRIAN STREET; F. BY AMENDING PARAGRAPH
(a) SUB -SECTION (1) SECTION 5 CONCERNING LOT AREA
FOR RESIDENTIAL USES; G. BY AMENOING:THE FIRST`.
PARAGRAPH OF SECTION 9 CONCERNING FLOOR AREA
PREMIUMS; H. BY DELETING SUB -SECTION (1) SECTION, 9
CONCERNING FLOOR AREA PREMIUMS AND'
RE -NUMBERING SUBSEQUENT, SUBSECTIONS (2) (3) (4) AND .
(5) TO (1) (2) (3) AND (4) RESPECTIVELY; I. BY AMENDING
SUB -SECTION (3) FORMERLY, SUB -SECTION (4), SECTION 9
CONCERNING FLOOR AREA PREMIUMS; J. BY. DELETING
THE RE -NUMBERED SUBSECTION (4) SECTION.9
CONCERNING FLOOR -AREA PREMIUMS 'AND INSERTING
IN LIEU THEREOF A NEW -SUBSECTION (4); K. BY.ADDING
A NEW SUBSECTION (5),:SECTION 9 CONCERNING FLOOR
AREA PREMIUMS; L: BY DELETING PARAGRAPH (b) SUB
SECTION (1) SECTION' 10 CONCERNING ON SITE PARKING
AND INSERTING ANEW PARAGRAPH (b), M.'BY AMENDING
PARAGRAPH (d) SUB -SECTION (1) SECTION,10; WITH RESPECT
TO REFERENCE NUMBER THEREIN; N. BY AMENDING .
PARAGRAPH.(e) SUBSECTION (1) SECTION 10'CONCERNING
PARKING; AND BY REPEALING ALL ORDINANCES, CODE -
SECTIONS OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE'
ORDINANCE NO, 9361 `
AN ORDINANCE AMENDING ORDINANCE,NO. 6871; AS -
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE
FOR THE CITY OF MIAMI BY AMENDING ARTICLE XXIV
SIGNS, PARAGRAPH (a) SUB -SECTION. (2) SECTION 6
CONCERNING SIGNS IN THE G2A DISTRICT; BY REPEALING'
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF ,
IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE
G�Sy OPT
�� A3 RALPH G.ONGIE
CITY CLERK
CITY OF MIAMI, FLORIDA
Publication of this Notice on the 21 day of December- 1981'
12121 M81.1221 a3
-- -
CITY 'Cr -.10A` I. •+r;..bRIOA
ihditR-aP#1Cr m;t ,YbAANC UM
Howard V, C"=aty ,,rc November 80 1981
City Manager
Agenda Item 1 City CoMMissioh _
`leetiftg of December 17, 1081
cscu Joseh 1Mchtanus 1
Xctin'g Director
Planning Department ENCLOSURES
At the Commission meeting of
November 19, 1981 the admini-
stration was directed to review
the proposed parking requirements
for the SPD-1 District. Revised
language is offered in this
memorandum and the attached ordinance,
Background
During discussion of Item 1, City Commission meeting of November
19, 1981, pertaining to the proposed parking requirements for the
SPD-1 Central Island District, it was agreed that the parking ratio
should be revised and that the lessened provision for combined com-
mercial and residential parking should be eliminated.
The administration was also directed to review: -
a) tram service from the district to the mainland
b) enforceability of assigning parking spaces
c) assignability of. certain spaces to residential,
unit owners and unassigned spaces to be used
for visitors and employees
d) phasing of construction in the District so that
parking, for which permits have been issued in
Phases 1, 2 and 3 cannot be used for subsequent_
phases 4, 5 and 6.
e) combined commercial and residential parking re
quirements should be the same as if separate.
9359 '
Howard fit, Oary
City Manager
Page 2
November 80; 1981
Analysis
a) The tram service cited is not a logical part of
a zoning ordinance. however, this service could
proffered by the developer,
b) Enforceability of assigned spaces could be
accomplished by numbered assigned spaces to
correspond with the number of residential units,
c) Revised language recommends assignment of certain
spaces,
_
d) By dating the ordinance change, permits, to be
issued for Phases 4, 5, and G will assure compliance
separate from Phases 1, 2 and 3.
e) The lessened parking requirement for combined commer-
cial and residential parking has been eliminated.
Recommendation
The following substitute language is recommended:
(1) Off Street Parking
Off street narking requirements for this district shall be
set forth in Article XXIII, exeept-as-required-by-this-
Seetiea-er-subseetien. except that effective (date of
Ordinance), 1982, for all residential uses, one (1) numbered
parking space shall be assigned to the occupant and one-half
(,',) parking space shall be unassigned for visitors and em-
ployees, per dwelling unit. The-pai?king-pequ}�eFReets-iei
es deutia�-k�uildings-shall-k�e-eua-aud-eue-cluate--)-swages
pew-dwelling-uu}tT--The--parking-rec�ui�ex�euts-fei-faeili�ies
that- sews-bgtb-effiGe-and-vesiden%ial-bui-Idings-shall-be-the
sembix►e�i-�equi�=eu�ents-�e�-hett�-usesT-eee-E��-spaee-�e�-eas1�
feu-t�uu�l�esl-�4993-sclua.�e-feet-ef-guess-flee-area-ia-eff�ees'
plus-e�®-space-fey=-sash-r�we��iug-un}tT--�u-ue-sass,-hewe�e�-
sha11-tke-a.fee►�eutieued-eeu�biued-pa�:ki�ag-�equire�eat-be-less- -
tha�-the-�®sic�eutia�-pay=kixig-rec�u�re�uent-wl�e�-ee�xputed-cep-
a�ateiy-a.t-ens-and-sue-quay=tee==�1�3-spaces-peg=�lu�ei4ing_uait
(added language underlined, deleted language stricken, as
compared to the previously proposed language, not to the
existing ordinance)
�+ 3 5 9
Pf�.;f� I�tG �"t�CT SBEET
-
APPLICA14T
City of Miami Planning Department Aptil 14, 1081
20:4IlG
8PD=1 Central Island District
t
PEQt ES'
5 . Amendment to the Comprehensive Zoning Ordinance
u63"1 as amended by modifying sub -section (8) Of
Section 7, And stib-section (1) of Section 13,,
ARTICLE XXI-I t 8PD-1 CENTRAL 18LHNb DISTRICT,
-
pertaining to Ground bevel Pedestrian Open Space
and required Off -Street parking for residential
development,
ent,
REASON
In working with the Central. Island District as
its applied to Brickell Key on Claughton
�—
Island these two items were brought to our
attention.
The first item relates to Ground Level Pedestrian
Open Space and restricts the developer from vary-
ing the elevation of the GLPOS by which to pro-
—
vide more interesting and aesthetically pleasing
open spaces. This modification does not decrease
the total amount of required open space but does
give additional flexibility as to its elevation.
The second item reduces the required amount of
parking for residential development. Studies
have been done in the private sector which indicate --
-
that large apartment projects do not need the
present required amount of'parking. Additional
_ -
studies and a monitoring system should be done prior
to making an overall change in the zoning or-
dinance. As this amendment is only applicable to
the Central Island District there should be no
problems or conflicts with other areas.
RECOMMEINDAT1O dS
PLANNING
DEPARTIf,E1_1T
APPROVAL
PLANNING
RECOMMENDED APPROVAL for the Pedestrian Open Space by
ADVISORY BOARD
a 6 to 0 vote and RECOMMENDED APPROVAL for the Off -
Street Parking by a 4 to 2 vote on May 6, 1981.
CITY
COMMISSION
DEFERRED on May 2S, 1981.
FIRST 'READING on June 25, 1981.
CONTINUED on July 23, 1981.
9359
CITY g-24-81 bE RRED 8Y MOTION 81486 to October 22,
COMMISSION Directing the Administration to Set Up a
Meeting with Wilbur, Smith & Assoc►, Janet Cooper]
and others direttly involved with the issue of
6round Level Pedestrian Open Space and the re-
quired Off -Street Parking for Residential bevel-
opment in order that they might try to work out
their differences.
10-22-81 CONTINUED to next meeting.
11=19-81 CONTINUED To next meeting,
J
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MSCAYME aOUIEVARO WAY.
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Howard V, Cary October icJ; 198
City Manager
Public Ieeting "Brickell
Xey-Taff is and Parking
Studies'
lseph IV, MaNla.nus Motion 81-785;September
'Acting Director 24, 1981
Planning Department
A public meeting was held at 10:45 Ali Friday, October 10, 1981
in the Committee -of -the -Whole Room, City Hall, Dinner Key, as
directed by Motion 81-785; September 24, 1981. The motion
directed the administration to hold a meeting with affected
property owners and citizens on the report "Brickell Key -Traffic
and Parking Studies" prepared by Wilbur Smith and Associates.
The study pertained to an amendment to Article XXI-3 SPD-1
Central Island District, listed :for second reading on September
24, 1981 and which will be listed again for second reading on
October 22, 1981.
Participants were:
Mayor Maurice Ferre - chaired meeting.
For the Administration
Jim Reid, Acting Assistant City Manager
Joseph IV. McManus, Planning Department
Affected Citizens and Property Owners
C. K. Cheezum - Brickell Key
M. Jetton - Brickell Key
C. Toland - Brickell Key
D. Chambliss-Brickell Key
Tui Hay Lee- Brickell Key
B. Whiteside - CVSA
Janet Cooper - citizen
The Mayor opened the meeting at 10:45. Various charts were re-
viewed from the study showing the effect of reducing the parking
requirement in the SPD-1 District to 1,25 parking spaces per
dwelling unit. Without the proposed reduction, the requirement.
would be approximately 1. 75 parking spaces per dwelling unit.
Mayor,Ferre asked if the reduced requirement was consistent with
the experience from other cities; Mr. Whiteside responded that it
was.
Roward V, Gary
Page 2 —
October 19, 1981
Mt, Reid explained two factors that led the Planning Department
to apply for the proposed change: a) the mixed=use aspect of
Brickell Key on Claughton Island would reduce the need for in-
ternal trips and parking spaces and b) the Island is reasonably
close to proposed rapid transit stations which offers the oppor-
tunity for walking or bossing to and from rapid transit, which
reduces the need for parking spaces.
Nits, Cooper then presented a series of objections to the proposed
parking reduction, as follows:
1. The Island is beyond 1200' reasonable walking distance
of rapid transit.
2. Local internal trips to convenience stores on the Island
do not necessarily reduce the need for parking spaces
(for external trips).
3. The clientele represented by the parking inventory of
Brickell Place may not be representative of the future
clientele of Brickell Place (or Brickell Key).
4,. The developers are already claiming a credit in Phases
I, II and III for 1.25 spaces, while they previously
said the parking reduction would only apply to Phases IV,
V and VI.
a. If the parking garages provided unassigned spaces there
would not be a problem, but in f act , parking spaces are
assigned to individual unit owners. This precludes,
employees or visitors from using the assigned spaces.
G. The parking spaces occupied at Brickell Place were in-
ventoried in February April, June and July, and were
not peak days such as Easter.
Mayor Ferre used an example of a 1,000 dwelling unit condominium
in which 1,250 parking spaces would be supplied by the proposed
reduction. The Mayor thought that a maximum of 1,000 spaces should
be assigned and restricted to condominium owners and the remaining
250 spaces should be available to the general public (employees and
visitors). The Mayor further suggested that the Planning Department
should undertake a separate parking inventory of major residential
developments.
The meeting adjourned at 11 : 45 Ali.
935