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HomeMy WebLinkAboutO-08132ORDINANCE NO. 8132 AN ORDINANCE AMENDING ORDINANCE NO. 6871; PERTAINING TO COMMERCIAL USES IN CONJUNCTION WITH HOTELS, MOTELS, APARTMENT -HOTELS, OFFICE BUILDINGS, AND APARTMENTS; AMENDING ARTICLE IV, SECTION 20, BY DELETING SECTION 20 IN ITS ENTIRETY AND SUBSTITUTING A NEW SECTION 20 ! BY ADDING A NEW SUB -PARAGRAPH (h), SECTION 1, ARTICLE VIII R-4 DISTRICT); BY ADDING A NEW SUB -PARAGRAPH (c) TO PARAGRAPH (6) , SECTION L, ARTICLE X (R-5 DISTRICT); BY ADDING A NEW SUB- PARAGRAPH (b) TO PARAGRAPH (2-A) , SECTION L, ARTICLE X-1 (R-SA Distri.:L) ; BY ADDING A NEW SUB -PARAGRAPH (c) TO PARAGRAPH (5), SECTION 1, ARTICLE XI, (R-C DISTRICT), AS HEREINAFTER SET FORTH; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on December 18, 1972, passed and adopted by an 8 to 0 vote its Resolution No. 72-290, recommending granting amendments to Ordinance No. 6871, as hereinafter set forth, pertaining to commercial uses in conjunction with hotels, motels, apartment -hotels, office buildings, and apartments; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION O1 THE CITY OF MIAMI , FLORI DA t Section 1. That Ordinance No. 6871, Article IV, be and the same is hereby amended by deleting Section 20 in its entirety and substituting a new Section 20 to read as follows: Section 20. - COMMERCIAL USES IN CONJUNCTION WITH HOTELS, MOTELS, APARTMENT -HOTELS, OFFICE BUILDINGS, AND APARTMENTS (1) In the R-4, R-5, R-C, and C-1 Districts, a newsstand, apothecary, sundry shop (inclusive of the sale of food items and household staples) , restaurant, bar, laundry and drycleaning agency, beauty shop, barber shop, dentist's office, physician's office, and any similar convenience establishment may be operated in conjunction with a motel, hotel, or apartment -hotel containing at least fifty (50) rental sleeping units. (2) In the R-4, R-5, R-5A and R-C Districts, a newstand, apothecary, sundry shop (inclusive of the s.z' a of food items and household staples) , restaurant (con- oitiorial use approval i ,squired) , laundry and drycleaning agency, beauty shop, barber shop, dentist's office, physician's office, and any other similar convenience establishment may be 'operated in conjunction with an apartment building containing at least 100 dwelling units, or in conjunction with an office building con- taining at least 20,000 square feet of gross floor area. (3) The operation of the above mentioned con- venience -commercial establishir.ents, shall be subject to the following limitations: (a) All access to any such use, except for necessary service entrances and fire exits shall be from the lobby, or other interior portion of the building. (b) No sign identification pertaining to any such use shall be affixed to the exterior of a building, or otherwise displayed upon the premises so as to be visable from any public street. (c) Restaurants shall be limited to a gross area of twelve (12) square feet for each dwelling unit in apartment developments, or one (1) square foot for each fifteen (15) square feet of gross floor area in office developments. Section 2. That Ordinance No. 6871, be and the same is hereby amended by adding a new sub -paragraph (h) to paragraph (11) , Section 1, Article VIII, (R--4 District) , to read as follows: (h) Restaurants operated in conjunction with apartment or office developments subject to the provisions of Article IV, Sectio;: 20, (:) and (3) . Section 3. That Ordinance No. 6871, be and the same is hereby amended by adding a new sub -paragraph (c) to paragraph (6) , Section 1, Article X (R-5 District) , to read as follows: (c) Restaurants operated in conjunction with apartment or office developments subject to the provisions of Article IV, Section 20 (2) and (3) . Section 4. That Ordinance No. 6871, be and the same is hereby arwr:tdcd by adding a new sub -paragraph (b) to paragraph (2-A) , Sacticn :t , io t.icle X-1 (R-5A District) , to read as follows: (b) Restaurants operated in conjunction with apartment or office developments subject to the provisions of Article IV, Section 20, (2) and (3) . Section 5. That Ordinance No. 6871, be and the same is hereby amended by adding a new sub -paragraph (c) to paragraph (5) , Section 1, Article XI (R-C District) , to read as follows: (c) Restaurants operated in conjunction with apartment or office developments subject to the provisions of Article IV, Suction 20, (2) and (3) . Section 6. It is declared to be the legislative intent of this body that if any section, subsection, sentence, phrase or provision of this ordinance is held invalid, the remainder of the ordinance shall not be affected. PASSED on first reading by title only this llth January day of ,1973. PASSED AND ADOPTED on second and final reading by title only this 25L-h day of January DAVID T. KENI\JF.DY Attest: MA Y O.R ,1973. H.D. SOUTHERN •• 00.11.1•16. City Clerk H. D. SOUTHrRN, 'Clerk of theCity of ert hereby 017 ti•. 7.1 a:•.•1 t 9 I -I-7:5 7 **:•-• Dt;:f.7 cf1..1!r_, at t:-o 7;7. Said r:dp:p to t11,1) 1.11-12t-If " • F.:: • : 1. • d Pity clerk —1- MIAMI IREVIEW 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 ap- peared Martha Drobnie, who on oath says that she is the Office Manager of the Miami Review end Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published et Miami in Dade County, Florida; that the attached copy of adver- tisement, being a Legal Advertisement or Notice In the matter of ;1-in711ir1r1 n4' nrriillAnr.r± ''r. C1 12 t •i *)' i'n;rrir•rr'IR1 tr^.nR ;r1 enniiinrrinn 'irltr+,l 5, `(ntcl q, ^tC ..... in the "rt''T Court, was published in said newspaper in the issues of Tary•ittr- it1A 1n^? Affiant 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 news- paper has heretofore been continuousry published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) end 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 affiant 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. Sworn to and subscribed before me this /N-1, day of T�rTTtgr*' , A.D. 19 71 Janet Leo Notary Public, State of Florida at Large (SEAL) My Commission expires April 15, 1973. rttr Or M .3Mf, nAIE COUNTY, Ftonttt.t L1s^OAt. NOTICE Alt lnterestrd will take notice t',nt on the 25th diy nr January, 1973 the Cotnmirsion of the City of Miami, Florida adopted an ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. Ssi1, PER- TAINING TO COMMERCIAL. USES IN CONJUNCTIONi WITH HOTELS, MOTELS, APARTMENT -HOTELS, OF- FICE BUILD1NGS, AND APARTMENTS: AMENDING' ARTICLE TY, SECTION 201 BY DELETitiG SECTION 20 IN ITS ENTIRETY AND SUBSTITUTING A NEW SEC- TION 2n: RY ADDING A NEW SUBPARAGRAPH GI) SECTION 1. ARTICLE Vllt 1R-4 DISTRICT): BY ADDING; A NEW SUBPARAGRAPH (c) TO PARAGRAPH (6), SEC- TION 1. ARTICLE X (R-5 DISTRICT): BY ADDING A NEW SUBP:ARAGRAPII rlr) TO PARAGRAPHS r2-A), SEC- TION 1, ARTICLE X-1 (11-5.1 DISTRICT): BY ADDIXG A NEW SUBPARAGRAPH Ir.) TO PARAGRAPH (5), SEC- TION 1. ARTICLE NI, tR-C DISTRICT) AS HEREIN- AFTER SET FORTH: AND BY REPEALING ALI. LAWS IN CONFLICT HEREWITH 'rhioh )s dePlanaterl Ordinance No. S132. 11 T. e 'T'TTTF,RN CITY CLERIC CITY (IF 7,HANII, FLORIDA P»))11, a'?nn ^f this not),c on the :ir;t') day of Jnanarv, 19-3. Aft No. 101);3 RHT/cc 1/4/73 ORDINANCE NO. g/43,20., AN ORDINANCE AMENDING ORDINANCE NO. 6871; PERTAINING TO COMMERCIAL USES IN CONJUNCTION WITH HOTELS, MOTELS, APARTMENT -HOTELS, OFFICE BUILDINGS, AND APARTMENTS; AMENDING ARTICLE IV, SECTION 20, BY DELETING SECTION 20 IN ITS ENTIRETY AND SUBSTITUTING A NEW SECTION 20f BY ADDING A NEW SUB -PARAGRAPH (h) , SECTION 1, ARTICLE VIII (R-4 DISTRICT) ; BY ADDING A NEW SUB -PARAGRAPH (c) TO PARAGRAPH (6) , SECTION L, ARTICLE X (R-5 DISTRICT); BY ADDING A NEW SUB- PARAGRAPH (b) TO PARAGRAPH (2-A) , SECTION L, ARTICLE X-1 (R-5A District); BY ADDING A NEW SUB -PARAGRAPH (c) TO PARAGRAPH (5), SECTION 1, ARTICLE XI, (R-C DISTRICT), AS HEREINAFTER SET FORTH; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on December 18, 1972, passed and adopted by an 8 to 0 vote its Resolution No. 72-290, recommending granting amendments to Ordinance No. 6871, as hereinafter set forth, pertaining to commercial uses in conjunction with hotels, motels, apartment -hotels, office buildings, and apartments; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OV THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, Article IV, be and the same is hereby amended by deleting Section 20 in its entirety and substituting a new Section 20 to read as follows: r CITY COMMISSION MEETING OF JAN111973 (i :riANCE nu.,,., 21.1 REAi INti Section 20. - COMMERCIAL USES IN CONJUNCTION WITH HOTELS, MOTELS, APARTMENT -HOTELS, OFFICE BUILDINGS, AND APARTMENTS (1) In the R-4, R-5, R-C, and C-1 Districts, a newsstand, apothecary, sundry shop (inclusive of the sale of food items and household staples), restaurant, bar, laundry and drycleaning agency, beauty shop, barber shop, dentist's office, physician's office, and any similar convenience establishment may be operated in conjunction with a motel, hotel, or apartment -hotel containing at least fifty (50) rental sleeping units. (2) In the R-4, R-5, R-5A and R-C Districts, a newstand, apothecary, sundry shop (inclusive of the sale of food items and household staples), restaurant (con- ditional use approval required), laundry and drycleaning agency, beauty shop, barber shop, dentist's office, physician's office, and any other similar convenience establishment may be operated in conjunction with an apartment building containing at least 100 dwelling units, or in conjunction with an office building con- taining at least 20,000 square feet of gross floor area. (3) The operation of the above mentioned con- venience -commercial establishments, shall be subject to the following limitations: - 2- (a) All access to any such use, except for necessary service entrances and fire exits shall be from the lobby, or other interior portion of the building. (b) No sign identification pertaining to any such use shall be affixed to the exterior of a building, or otherwise displayed upon the premises so as to be visable from any public street. (c) Restaurants shall be limited to a gross area of twelve (12) square feet for each dwelling unit in apartment developments, or one (1) square foot for each fifteen (15) square feet of gross floor area in office developments. i • Section 20. - COMMERCIAL USES IN CONJUNCTION WITH HOTELS, MOTELS, APARTMENT -HOTELS, OFFICE BUILDINGS, AND APARTMENTS (1) In the R-4, R-5, R-C, and C-1 Districts, a newsstand, apothecary, sundry shop (inclusive of the sale of food items and household staples), restaurant, bar, laundry and drycleaning agency, beauty shop, barber shop, dentist's office, physician's office, and any similar convenience establishment may be operated in conjunction with a motel, hotel, or apartment -hotel containing at least fifty (50) rental sleeping units. (2) In the R-4, R-5, R-5A and R-C Districts, a newstand, apothecary, sundry shop (inclusive of the sale of food items and household staples), restaurant (con- ditional use approval required), laundry and drycleaning agency, beauty shop, barber shop, dentist's office, physician's office, and any other similar convenience establishment may be operated in conjunction with an apartment building containing at least 100 dwelling units, or in conjunction with an office building con- taining at least 20,000 square feet of gross floor area. (3) The operation of the above mentioned con- venience -commercial establishments, shall be subject to the following limitations: (a) All access to any such use, except for necessary service entrances and fire exits shall be from the lobby, or other interior portion of the building. (b) No sign identification pertaining to any such use shall be affixed to the exterior of a building, or otherwise displayed upon the premises so as to be visable from any public street. (c) Restaurants shall be limited to a gross area of twelve (12) square feet for each dwelling unit in apartment developments, or one (1) square foot for each fifteen (15) square feet of gross floor area in office developments. i -2- • Section 2. That Ordinance No. 6871, be and the same is hereby amended by adding a new sub -paragraph (h) to paragraph (11), Section 1, Article VIII, (R-4 District) to read as follows: (h) Restaurants operated in conjunction with apartment or office developments subject to the provisions of Article IV, Section 20, (2) and (3) . Section 3. That Ordinance No. 6871, be and the same is hereby amended by adding a new sub -paragraph (c) to paragraph (6), Section 1, Article X (R-5 District), to read as follows: (c) Restaurants operated in conjunction with apartment or office developments subject to the provisions of Article IV, Section 20 (2) and (3) . , Section 4. That Ordinance No. 6871, be and the same is hereby amended by adding a new sub -paragraph (b) to paragraph (2-A), Section 1, Article X-1 (R-5A District), to read as follows: (b) Restaurants operated in conjunction with apartment or office developments subject to the provisions of Article IV, Section 20, (2) and (3) . Section 5. That Ordinance No. 6871, be and the same is hereby amended by adding a new sub -paragraph (c) to paragraph (5) , Section 1, Article XI (R-C District) , to read as follows: (c) Restaurants operated in conjunction with apartment or office developments subject to the provisions of Article IV, Section 20, (2) and (3) . -3- • Section 6. It is declared to be the legislative intent of this body that if any section, subsection, sentence, phrase or provision of this ordinance is held invalid, the remainder of the ordinance shall not be affected. PASSED on first reading by title only this f ,1973. day of PASSED AND ADOPTED on second and final reading by title only this day of PREPARED AND APPROVED BY: ,1973. r MAYOR . Harris burner Assistant City Attorney REVIEWED BY: ()- %i',!../ / John S. Lloyd I Assistant Director of Law APPROVED AS TO FORM AND CORRECTNESS: Alan H. Rothstein City Attorney • J Honorable City Attention: Mr City of Miami, Gentlemen: 01,itu Commission . M. L. Reese Florida t o Iitr bx January 3, 1973 Re: ORDINANCE AMENDMENT - RECOMMENDED ARTICLE IV, Section 20 Restaurants in Multiple -Family Districts The Miami Planning Board, at its meeting of December 18, 1972, Item #13, following an advertised Hearing, adopted Resolution No. 72-290 by an 8 to 0 vote (one member absent), recommending an amendment to Ordinance 6871, ARTICLE IV, Section 20, by deleting Section 20 in its entirety and substituting a new Section 20 to read as follows: Section 20. - COMMERCIAL USES IN CONJUNCTION WITH HOTELS, MOTELS, APARTMENT -HOTELS, OFFICE BUILDINGS, AND APARTMENTS .(1) In the R-4, R-5, R-C, and C-1 Districts, a newsstand, apothecary, sundry shop (inclusive of the sale of food items and household staples), restaurant, bar, laundry and drycleaning agency, beauty shop, barber shop, dentist's office, physician's office, and any similar con- venience establishment may be operated in conjunction with a motel, hotel, or apart- ment -hotel containing at least fifty (50) rental sleeping units. (2) In the R-4, R-5, R-5A and R-C Districts, a newsstand, apothecary, sundry shop (inclus- ive of the sale of food items and household staples), restaurant (conditional use approval required), laundry and drycleaning agency, beauty shop, barber shop, dentist's office, physician's office, and any other similar convenience establishment may be operated in conjunction with an apartment building containing at least 100 dwelling units, or in conjunction with an office building con- taining at least 20,000 square feet of gross floor area. (Page 1 of 3) (3) The operation of the above mentioned, con- venience -commercial establishments shall be subject to the following limitations: (a) All access to any such use, except for necessary service entrances and fire exits shall be from the lobby, or other interior portion of the building. (b) No sign identification pertaining to any such use shall be affixed to the exterior of a building, or otherwise displayed upon the premises so as to be visable from any public street. (c) Restaurants shall be limited to a gross area of twelve (12) square feet for each dwelling unit in apartment developments, or one (1) square foot for each fifteen (15) square feet of gross floor area in office developments. 2. Add a new sub -paragraph (h) to paragraph (11), Section 1, ARTICLE VIII (R-4 District), to read as follows: (h) Restaurants operated in conjunction with apartment or office developments subject to the provisions of ARTICLE IV, Section 20, (2) and (3). 3. Add a new sub -paragraph (c) to paragraph (6), Section 1, ARTICLE X (R-5 District), to read as follows: (c) Restaurants operated in conjunction with apartment or office developments subject to the provisions of ARTICLE IV, Section 20 (2) and (3). 4. Add a new sub -paragraph (b) to paragraph (2-A), Section 1, ARTICLE X-1 (R-5A District), to read as follows: (b) Restaurants operated in conjunction with apartment or office developments subject to the provisions of ARTICLE IV, Section 20, (2) and (3) . 5. Add a new sub -paragraph (c) to paragraph (5), Section 1, ARTICLE XI (R-C District), to read as follows: (c) Restaurants operated in conjunction with apartment or office developments subject to the provisions of ARTICLE IV, Section 20, (2) and (3). (Page 2 of 3) An ORDINANCE to provide for this Ordinance Amendment has been pre- pared by the City Attorney's office and submitted for consideration of the City Commission. OAL4c wirur David Simpson, J Executive Secretary Miami Planning & Zoning Board ncer mm Attached: Minutes cc: Law Department NOTE: Planning Department recommendation: "APPROVAL". (Page 3 of 3) 'uZ4.7 e:1 raSt