HomeMy WebLinkAboutItem #6-Retail uses in G-IPLANNING FACT SHEET
LEGISTAR FILE ID: 08-01058zt
September 17, 2008 Item # P.6
APPLICANT Pedro G. Hernandez, City Manager on behalf of the City of
Miami
REQUEST/LOCATION Consideration of amendment to the City Zoning Ordinance No.
11000, by amending Article 4 in order to amend Section 401 to
increase the amount of permitted accessory retail uses in
conjunction with a Major Sports Facility in the G/I District and to
include offstreet parking requirement provisions, to permit a 10
percent reduction of required offstreet parking spaces, subject
to a Class II Special Permit.
LEGAL DESCRIPTION See supporting documentation
PETITION
An Ordinance of the Miami City Commission amending
Ordinance 11000, as amended, the Zoning Ordinance of the
City of Miami, by amending Article 4 in order to amend Section
401 to increase the amount of permitted accessory retail uses
in conjunction with a Major Sports Facility in the G/I District and
to include offstreet parking requirement provisions in said
District and to permit a 10 percent reduction of required
offstreet parking spaces, subject to a Class II Special Permit,
when said Major Sports Facility is located within certain
proximity of a Metrorail or People Mover Station and containing
a repealer provision and a severability clause; and providing
for an effective date.
PLANNING RECOMMENDATION APPROVAL
BACKGROUND AND ANALYSIS This resolution will allow retail and restaurant developments
serving as accessory uses or structures to Major Sports
Facilities demonstrating compliance with the applicable design
review criteria set forth in section 1305. Said accessory retail
and restaurant uses or structures need not be internal to the
Major Sports Facility and may be visible from the right of way
and may open directly to such right of way
PLANNING ADVISORY BOARD VOTE:
CITY COMMISSION
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
Date Printed: 9/4/2008 Page 1
City of Miami
Legislation
PAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-01058zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLE 41N ORDER TO AMEND SECTION 401 IN ORDER TO: 1)
INCREASE THE AMOUNT OF PERMITTED ACCESSORY RETAIL USES IN
CONJUNCTION WITH A MAJOR SPORTS FACILITY IN THE G/I DISTRICT, 2) TO
INCLUDE OFFSTREET PARKING REQUIREMENT PROVISIONS IN SAID
DISTRICT, 3) TO PERMIT A TEN PERCENT (10%) REDUCTION OF REQUIRED
OFFSTREET PARKING SPACES, SUBJECT TO A CLASS II SPECIAL PERMIT,
WHEN SAID MAJOR SPORTS FACILITY IS LOCATED WITHIN CERTAIN
PROXIMITY OF A METRORAIL OR PEOPLE MOVER STATION, AND 4)
ALLOWING MODIFICATION UP TO A MAXIMUM OF FIFTY PERCENT (50 %) OF
THE REQUIRED SETBACKS SUBJECT TO A CLASS II SPECIAL PERMIT,
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of September 17, 2008, Item
No. P.6 following an advertised hearing, adopted Resolution No. PAB-08- by a vote of _ to
( - ) recommending of amending Zoning Ordinance No. 11000 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 amend
Ordinance 11000 as hereinafter set forth:
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORI DA:
Section 1. The recitals and finding contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Ordinance, No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, is hereby amended by amending the text of said Ordinance as follows:
"ARTICLE 4 ZONING DISTRICTS
Sec. 401. Schedule of district regulations.
City of Miami
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G/I Government and Institutional.
Intent and Scale:
The government/institutional category allows the development of facilities for federal, state and local
government activities, major public or private health, recreational, cultural, religious or educational
activities, major transportation facilities, public utilities, and public and private cemeteries. Uses
ancillary to these uses are allowed to a maximum density and intensity equivalent to the least intense
abutting zoning district, subject to the same limiting conditions.
Intensity:
For residential uses: As for the least intense abutting zoning district.
For Government and Institutional Uses: As for Office
For all other non -institutional uses: As for the least intense abutting zoning district.
Modifications in setbacks up to a maximum of 50% of the required setbacks may be approved
pursuant to a Class II Special Permit when liner uses are provided along parking structures serving
government, institutional or Major sports facilities.
Permitted Accessory Uses:
Uses and structures which are customarily incidental and subordinate to permitted principal uses and
structures, and in addition:
1. Limited retail uses which are intended to serve the retailing and personal service needs of the
governmental/institutional use. Such uses may be allowed up to ten (10) percent of the gross square
footage of such structures.
In existing structures, professional, school and governmental administrative offices, clinics (other than
veterinary); studios; and medical or pharmaceutical laboratories; only in conjunction with a government
or institutional use directly associated with and furthering these functions; in no case will such uses be
permitted beyond what is a customary accessory use to the principal governmental or institutional use.
Conditional Principal Uses:
Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in
Section 1305, and any other applicable criteria specified in this ordinance. Specifically:
1. Jails, detention facilities, work camps by Special Exception with city commission approval.
2. Public incinerators (except for forensic incinerators), solid waste facilities of any type by Special
Exception with city commission approval.
3. Community based residential facilities only by Special Exception with City Commission approval ,
subject to the requirements and limitations and criteria of section 934 and only if associated with a
governmental or institutional use.
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4. Commercial parking lots or parking garages only by Class II Special Permit and only if associated
with a governmental or institutional use.
5. Convenience commercial and service facilities, including restaurants, as principal or accessory
uses only by Class II Special Permit, and only when located, oriented and scaled to serve needs within
the district and only if associated with a governmental or institutional use.
6. Facilities privately owned and used for garden, service, civic or private clubs or lodges (not for
profit) only by Special Exception.
7. In connection with public utilities, aboveground lift stations, electrical substations, line -of -sight relay
devices for telephonic, radio or television communication and the like shall be permitted only by Class
II Special Permit.
8. Local stations for mass transit facilities (other than bus stops) only by Special Exception.
9. Mausoleums, either alone or in conjunction with a cemetery, only by Special Exception with city
commission approval.
10. Major sports facilities, by Major Use Special Permit only.
11. Personal wireless service facilities subject to the criteria specified in section 949.
12. In new structures, by Special Exception only, professional, school and governmental
administrative offices, clinics (other than veterinary); studios; and medical or pharmaceutical
laboratories; only in conjunction with a government or institutional use directly associated with and
furthering these functions; in no case will such uses be permitted beyond what is a customary
accessory use to the principal governmental or institutional use.
Conditional Accessory Uses:
Uses and structures which are customarily incidental and subordinate to conditional principal uses and
structures only by Special Permit subject to the applicable criteria in Section 1305, and any other
applicable criteria specified in this ordinance. Specifically:
1. Forensic incinerators only by Special Exception, subject to all applicable local, state and federal
laws.
2. Helistops only by Special Exception with city commission approval and subject to requirements
and limitations in section 933.
3. Accessory convenience establishments subject to the requirements and limitations of section
906.7, Convenience establishments as accessory to residential or office uses.
4. Accessory thrift shop establishments, which retail secondhand items and which do not exceed ten
(10) percent of the primary use and are operated by religious or nonprofit organizations, only by Class
II Special Permit.
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5. Drive -through service facilities, including drive -through facilities for financial institutions, shall be
permitted only by Class II Special Permit, subject to the additional reservoir requirements established
in Section 931.2.
6. Temporary special events involving outdoor gatherings at churches, schools and the like, or in
connection with opening ceremonies or special promotions, to the extent not otherwise licensed ,
regulated and controlled under other regulations of the city, shall be permitted only by Class I Special
Permit and subject to conditions established in section 906.9.
7. Aluminum recycling machine, by Class I Special Permit and subject to the requirements and
limitations of section 940.
8. Storm radar system devices as accessory uses to police and fire station uses only, subject to the
criteria specified in section 949.
9. Retail and restaurant developments serving as accessory uses or structures to Major sports
facilities. Notwithstanding the provisions of section 906, retail and restaurants serving as accessory
uses or structures to Major Sports Facilities may exceed ten (10) percent of the permitted F.A.R.
subject to a Class II Special Permit upon a finding that such increase will not have an overall adverse
effect on the Major Sports Facility and demonstrating compliance with the applicable design review
criteria set forth in section 1305. Said accessory retail and restaurant uses or structures need not be
internal to the Major Sports Facility and may be visible from the right of way and may open directly to
such right of way. Accessory use(s) or structure(s) shall have the definition set forth in section 2502.
Offstreet Parking Requirements:
For residential use: As required in R-4.
For nonresidential uses: One (1) space for each three hundred (300) square feet of proposed gross
floor area except as specified below.
For libraries, art galleries, museums, neighborhood centers, recreational centers, mausoleums: One
(1) space for each four hundred (400) square feet of gross floor area.
Places of worship, in auditoriums, chapels and other rooms for general assembly, excluding
classrooms and other areas not for general assembly: One (1) space for each five (5) fixed seats and
for each fifty (50) square feet of area for movable seats.
For schools, colleges and universities:
Kindergarten through grade nine (9): One (1) space per classroom, plus one (1) space for each
sixteen (16) fixed seats and/or for each one hundred twenty (120) square feet of area for movable
seats, in auditoriums and other assembly rooms.
Grades ten (10) through twelve (12); colleges and universities: One (1) space per classroom, plus one
(1) space for each eight (8) fixed seats and/or for each eighty (80) square feet of area for movable
seats, in auditoriums and other assembly rooms.
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For convalescent homes, nursing homes, institutions for the aged or infirm and orphanages: Same as
required in R-3 district.
For Malor sports facilities: One (1) space for each seven (7) fixed seats. Parking reductions of up to
ten percent (10 %) of the required offstreet parking spaces may be approved, by Class II Special
Permit, for Malor sports facilities located within one (1) mile of a Metrorail, People Mover Station or
mass transit facility.
Sign Regulations:
See Article 10 for sign regulations and limitations.
*„
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof {1 }.
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
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