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Home My WebLink About7-06-11 PZAB Supporting DocsPZAB.3 File ID: Title: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 11-00584zt Legislative A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, TABLE 13 "SUPPLEMENTAL REGULATIONS," BY ADDING DRIVE -THROUGH AND DRIVE-IN REGULATIONS FOR T4-O; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Location: Citywide Applicant(s): Johnny Martinez, P.E., City Manager, on behalf of the City of Miami 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 Purpose: This will introduce regulations for drive -through and drive-in regulations for the T4-O Transect in Article 6 of the Miami 21 Code. Planning Department Recommendation: Approval. Planning, Zoning and Appeals Board: July 06, 2011 City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00584zt Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, TABLE 13 "SUPPLEMENTAL REGULATIONS," BY ADDING DRIVE -THROUGH AND DRIVE-IN REGULATIONS FOR T4-O; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Johnny Martinez, P.E., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will introduce regulations for drive -through and drive-in regulations for the T4-O Transect in Article 6 of the Miami 21 Code. WHEREAS, the Miami Planning Zoning and Appeals (PZAB) considered this item at its July 6th, 2011 meeting, Item No. PZAB._, adopting Resolution No. PZAB by a vote of _ to (_ _), and has recommended the adoption of this item to the City of Miami City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ord. 13114 as the City of Miami's Zoning Ordinance; and WHEREAS, regulations for drive -through and drive-ins do not currently exist for the T4 Transect in the Miami 21 Code and regulations are needed to address certain development along T4-O corridors in the City of Miami; 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 citizens to amend the Zoning Ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 4 in the following particulars {1}: City of Miami Page 1 of 3 File Id: 11-00584zt (Version: 1) Printed On: 6/29/2011 File Number: 11-00584zt "ARTICLE 6. SUPPLEMENTAL REGULATIONS T4 - General Urban Zone OPEN DRIVE -THROUGH AND DRIVE-IN May only be permitted by Warrant. Available only when site's Primary Frontage is along a County designated primary arterial road. All ingress and egress to and from the site shall be from a County designated primary arterial road. Principal Frontage access may be allowed. Reservoir parking spaces shall be required as follows: One (1) at window, three (3) before service window, one (1) after service window. [See Exhibit A] *„ 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 a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected . Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective 30 days after final reading and adoption thereof. {2} Footnotes: City of Miami Page 2 of 3 File Id: 11-00584zt (Version: 1) Printed On: 6/29/2011 File Number: 11-00584zt {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged . Asterisks indicate omitted and unchanged material. {2} 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. City of Miami Page 3 of 3 File Id: 11-00584zt (Version: 1) Printed On: 6/29/2011 MIAMI 21 AS ADOPTED - MAY 2011 FILE ID# 11-00584ZT - EXHIBIT A ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) T4 - GENERAL URBAN ZONE RESTRICTED LIMITED OPEN DENSITY (UPA) 36 UNITS PER ACRE 36 UNITS PER ACRE 36 UNITS PER ACRE HOME OFFICE Shall be located wholly within Dwelling Unit. Maximum size of Home Office shall be 25% of the size of the Dwelling Unit based on county property records. Home Occupations limited to individual tutoring; non- amplified individual instrument instruction; authors and composers; artists; designers; seamstresses; tailors; and uses similar in impact. Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside on premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise,vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located wholly within Dwelling Unit. Maximum size of Home Office shall be 25% of the size of the Dwelling Unit based on county property records. Home Occupations limited to individual tutoring; non- amplified individual instrument instruction; authors and composers; artists; designers; seamstresses; tailors; and uses similar in impact. Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside on premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise,vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located wholly within Dwelling Unit. Maximum size of Home Office shall be 25% of the size of the Dwelling Unit based on county property records. Home Occupations limited to individual tutoring; non - amplified individual instrument instruction; authors and composers; artists; designers; seamstresses; tailors; and uses similar in impact. Office uses, excluding medical and dental offices. Maximum of one client at a time. Maximum of two staff members, one of which must reside on premises. Hours of operation limited to Monday through Saturday 8:00 AM to 6 PM. No equipment or process shall be used which creates undue noise,vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. LIVE WORK Shall be located within ground floor and Liner units. Maximum size of work occupation shall not exceed 50% of the size of the Dwelling Unit based on county property records. Live Work occupations limited to those allowed in Transect Zone. No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. Shall be located within ground floor and Liner units. Maximum size of work occupation shall not exceed 50% of the size of the Dwelling Unit based on county property records. Live Work occupations limited to those allowed in Transect Zone. No equipment or process shall be used which creates undue noise, vibration, glare, fumes, or odors detectable to normal senses off the property. Certificate of Use required. BED AND BREAKFAST Subject to City Code Chapter 23. DRIVE -THROUGH AND May only be permitted by Warrant. DRIVE-IN Available only when site's Primary Frontage is along a County designated primary arterial road. All ingress and egress to and from the site shall be form a County designated priarmy arterial road. Principal Frontage access may be allowed. Reservoir parking spaces shall be required as follows: One (1) at window three (3) before service window one (11 after service window. ADULT DAYCARE For 6 to 9 adults: Minimum of 350 sq feet of indoor activity area. For 6 to 9 adults: Minimum of 350 sq feet of indoor activity area. PERSONAL WIRELESS SERVICE FACILITY Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. Subject to the requirements of Section 6.4. CHILDCARE For 6 to 10 children maximum: Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. For 6 to 10 children maximum: Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. For 6 to 10 children maximum: Minimum of 35 square feet of usable indoor floor space per child on license. Minimum of 45 square feet of usable outdoor play area per child. A minimum outdoor play area shall be provided for one half of license capacity. In no event shall any outdoor play area be less than 450 square feet. The minimum standard of outdoor play area does not apply for children under one year of age. VI-7