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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 x.4.✓eMiOl��{ i .r. , �rtti M y J :,F'''�•'. �.,;. ice.. � V � } in IW i r kYa ~lit ui lit C463 51, )i►t MSCAYME aOUIEVARO WAY. • 4 •y �, i 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