The URL can be used to link to this page

Home My WebLink AboutO-08137ORDINANCE NO. 8137 AN ORDINANCE AMENDING ORDINANCE NO. 6871, BY DELETING SUB -PARAGRAPH (d) OF PARAGRAPH 1, SECTION 8 OF ARTICLE XXIII, IN ITS ENTIRETY, AND IN LIEU THEREOF SUBSTITUTING A NFW SUB -PARAGRAPH (d) OF PARAGRAPH 1, SECTION 8 OF ARTICLE XXIII, AS HEREINAFTER SET FORTH; PERTAINING TO "CONDITIONAL USE" OFF-STREET PARKING LOTS; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on January 8, 1973, passed and adopted by a 9 to 0 vote its Resolution No. 73-7, recommending granting an amendment to Ordinance No. 6871, as hereinafter set forth, pertaining to "Conditional Use" off-street parking lots; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, be and the same is hereby amended by deleting Sub -Paragraph (d) of Paragraph 1, Section 8 of Article XXIII in its entirety and in lieu thereof substituting a new Sub -Paragraph (d) of Paragraph 1, Section 8 of Article XXIII, to read as follows: "(d) Where access is available from an abutting commercial property which the parking lot is to serve or from an adjacent alley, no access opening will be permitted through a required yard area unless the parking lot abuts and access is from a street classified as an arterial. Where access from an abutting commercial property or alley is not available, one opening for ingress and egress may be permitted through a yard area, limited to ten (10) feet in widths with a wall and/or hedge opening twelve (12) feet in width." Section 2. That all laws, or parts of laws, in conflict herewith, be and the same are hereby repealed insofar as they are in conflict. Section 3. It is declared to be the legislative intent of this body that if any section, suL-,ection, 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 25th day of January ,1973. PASSED AND ADOPTED on second and final reading by title only this 8th day of February DAVID T. KENNEDY ,1973. Attest: MAYOR H.D. SOUTHERN �7. r. " he . City Clerk City Clerk M$AMI REVIEW AND DAILY ritcoRD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF BADE Before the undersigned authority personally ep- peered Martha Drobnie, who on oath says that she IS the Office Manager 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 adver• tisement, being a Legal Advertisement or Notice in the matte► of Atiopticn of or, ii).ancr. Not R137 ;7e: n(lon;iitio?,;11. Viso Off— St-1.0r'4 i',grl.-j, 1 c't r ,r� etersw.w.w. in the :VC< Court, was published In said newspaper in the issues of f'cr.r"a.r..;•• 1..3.., i 97 3 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 continuously 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 ?t ' 14.n1•riiar' ,A.D.19 71 day of Janet Leo, Notary Public, State of Florida at Large. (SEAL) My Commission expires April 15, 1973. "C1t ' orirA ttt, bAbt COUNTY, f t.ORi1IA L;);OAL NOTICE All ..nterested will fake fiotice that tin the 8th day,ot •"ebrtiery, 1873 theCotninisalon Of the City of :Miami; Fleride.:adopted an ordinaiiee•entitied_ itt(tORb NA.NtC'E AMENDING EELETING SIIRPARAGRAPII (d) OP PARAGRAPH 1, SEC- T S E VTIRETY,I A IINNV N LIEU THEREMr. SIIHSTITI'T- INaA NEW SUBPARA- GRib, > 0l3ExST/ON 8 OP A ttte arr ' ,F1ORRTli,PER- TAININC TO "CC,NDITIONAL USE GFF-S REST PARK. ING LOTS: AND BY REPEAL ING ALL LAWS IN CONFLICT HEREWITH which is designated Ordinance No. 8t37. H. D. SOUTHERN CITY CLERK CiTY ^F \TIASir, FLORIDA Puh'iratinn of this notice on the lath tiny of Frhrunry, I972. Ad. No. 20477 RHT/cc 1/16/73 ORDINANCE NO. /r 3,7 AN ORDINANCE AMENDING ORDINANCE NO., 6871, BY DELETING SUB -PARAGRAPH (d) OF PARAGRAPH 1, SECTION 8 OF ARTICLE XXIII, IN ITS ENTIRETY, AND IN LIEU THEREOF SUBSTITUTING A NEW SUB -PARAGRAPH (d) OF PARAGRAPH 1, SECTION 8 OF ARTICLE XXIII, AS HEREINAFTER SET FORTH; PERTAINING TO "CONDITIONAL USE" OFF-STREET PARKING LOTS; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH. WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on January 8, 1973, passed and adopted by a 9 to 0 vote its Resolution No. 73-7, recommending granting an amendment to Ordinance No. 6871, as hereinafter set forth, pertaining to "Conditional Use" off-street parking lots; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, be and the same is hereby amended by deleting Sub -Paragraph (d) of Paragraph 1, Section 8 of Article XXIII in its entirety and in lieu thereof substituting a new Sub -Paragraph (d) of Paragraph 1, Section 8 of Article XXIII, to read as follows: "(d) Where access is available from an abutting commercial property which the parking lot is to serve or from an adjacent alley, no access opening will be permitted through a required yard area unless the parking lot abuts and access is from a street classified as an arterial. Where access from an abutting commercial property or alley CITY ^*t tr` • is not available, one opening for ingress and egress may be permitted through a yard area, limited to ten (10) feet in width; with a wall and/or hedge opening twelve (12) feet in width." Section 2. That all laws, or parts of laws, in conflict herewith, be and the same are hereby repealed insofar as they are in conflict. Section 3. 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 e4 day of %� ,1973. PASSED AND ADOPTED on second and final reading by title only this 8 day of ,1973. /s/ Z?4t 4 9 %_ $ ,r4? -7 MAYOR i art / r v im,= J .•- L,.,;;./v% i. PREPARED AND APPROVED BY: City Clerk R. Harris Turrfie Assistant City Attorney REVIEWED BY: 1 .4.J}�" r�`�•'`-� John S. Lloyd Assistant Director of Law APPROVED AS TO FORM AND CORRECTNESS: Alan H. Rothstein City Attorney 7. ORDINANCE AMENDMENT Consideration of an amendment to Ordinance No. 6871, ARTICLE XXIII, as it relates to "Conditional Use" off- street parking lots, as follows: Delete sub -paragraph (d) of paragraph 1, Section 8 of ARTICLE XXIII in its entirety, and substitute in lieu there of the following: (d) Where access is available from an abutting commercial property which the parking lot is to serve or from an adjacent alley, no access opening will be permitted through a required yard area unless the parking lot abuts and access is from a street classified as an arterial. Where access from an abutting commercial property or alley is not available, one opening for ingress and egress may be permitted through a yard area, limited to ten (10) feet in width; with a wall and/or hedge opening twelve (12) feet in width. Secretary filed proof of publication of Legal Notics of Hearing, and administered oath to all persons testifying at t:iis hearing. PLANNING DEPARTMENT RECOMMENDATION: "APPROVAL" Attention is directed to the flexibility of the Ordinance Amendment in allowing an access opening to an arterial street. ma Mr. Whipple: Ladies and gentlemen, my name is Richard Whipple, representing the Planning Department, on this recommendation for approval of Amendment to the Off -Street Parking Regulations. Mr. Martinez: What City is that, and are you_- how long have you been employed? • Mr. Whipple: I've been employed too long. Mr. Burns: I would put that to a vote. Mr. Whipple: If I may, also, pursuant to the discussion of the last item. If the Board so desires, the Staff will be more than willing to discuss this particular point at greater length, and perhaps, go into a little more depth, as to the ramifications of the pluses and minuses of the granting of a variance of this nature. If you so desire. One of our Planning discussion meetings, as far as principles, of zoning, and zoning law, and its effect upon the community, - but that's not what I'm up here for. I would like to make this as simple as possible, I just thought I'd put that one in -- to simplify this problem if you will, paragraph (d), as you see before you, is the almost identical paragraph, what exists - was exists in the off-street parking ordinance, today, with the exception of ten words. The ten words are, or, ten or eleven, whatever the count is, "Unless the parking lot ab'its an access and from a street classified as an arterial". There seems to be a considerable amount of confusion as to the respect that this paragraph (d) is a new paragraph, and we're amending the old "Conditional Use" off-street parking provisions by this paragraph, and that's not so. The paragraph exists in the ordinance, today, and the point we're discussing, are those ten words, beginning with "unless", and ending with the word "arterial". On the map, you see this paragraph (d) allows, without this wording. It allows approval of "Conditional Use" of off-street park- ing. And the graphic indicates where access is available, as the ordinance now states, that no other access shall be granted, to or Across the yard area, into this off-street parking site. -38- January 8, 1973 Item #7 • i The second portion of the graph indicates the new wording, and how the new wording may be applied. That if the "Conditional Use" parking lot abuts an arterial street, an opening may be approved, for this "Conditional Use" lot. So, in essence, what we have done is liberalize the existing wording of the ordinance. We've liberal- ized it by saying that when the lot abuts when the lot abuts an arterial, an opening may be granted. Now, the reason for this, is quite simple, when you compare it to - compare a street that's areterial versus residential. An arterial does carry a heavy amount of traffic, in most instances it is less residential in nature and character, than that street that is not an arterial, that is more or less classified as a neighborhood street. And we feel that in certain instances, in our opinion, and the wisdom of this Board and the Commission, there may be occasions when access should be granted, when such a lot abuts an arterial street. And that, in very simplified form, what our amendment, or proposed amendment is, here, tonight. We're not changing anything that exists in the ordinance, now, we're adding this provision, which would allow this Board and the City Commission, to approve an additional access point, to a "Conditional Use" lot, when it abuts an arterial street. Mrs. Callahan: Mr. Chairman, may I ask Mr. SCipple a question? Mr. Martinez: Yes, ma'am, go right ahead. Mrs. Callahan: Mr. Whipple, then I understand that this doesn't do much more than what we have now, about taking the power away from this Board, it still would, each individual item would be considered here. Is that right? Mr. Whipple: This paragraph (d) is under the "Conditional Use" provisions, which require - Mrs. Callahan: Right. Mr. Whipple: Which require the recommendation of this Board, and the approval of the City Commission. And any item, or any part of plans submitted as a petition for "Conditional Use" off-street parking becomes of Record, and a matter of fact, in the approval or denial of the particular request. If an opening is shown, and we find no objections to it, and it is on an arterial, this would be a proper function of this Board to recommend it. If an opening is shown, and it's not an arterial, we would be the first ones to say that the application is improper, and therefore, should not be considered any further by this Board. This is further wording of our existing off-street parking provision. Mr. Martinez: A11 right, somebody wants to move this? Mr. Simpson: May I ask Mr. Whipple a question, because we've been discussing this, and I'm not sure, exactly, how to treat the ordinance. Let's assume - let's take the interior lot, and let's treat this as a residential, this is not an arterial street, and this structure completely covers the lot. With the way the ordinance is written right now, should this owner come in and request this for off-street parking, and it is not adjoining an arterial street, I must tell that person that he does not have a proper application to come before this Board to request "Conditional Use". Am I right? Mr. Whipple: If I may, on this sketch, so you don't be confused by the various conditions. The situation Mr. Simpson is pointing to, Item #3, - 'item #3 is covered by the existing ordinance, and if you will read after the word "arterial", it states that, "Where access from an abutting commercial property or alley is not available" - is not available, "one opening for ingress and egress may be permitted", Eas says nothing about it being an arterial, if there's no access available, this Board may approve an opening. -39- January 8, 1973 Item 417 • So, situation three is covered three in this graph, is covered by existing ordinance, and is not, if you will, Dave, I am sorry, not the subject of this amendment. Mr. Martinez: All right, any discussion on the Amendment? None. Somebody move it. Mr. Silverman: Is that it? Mr. Martinez: Thati's it. Let's move it, let's go home. Mr. Burns: Move for a deferral. Mr. Martinez: Mrs. Fernandez is going to move it. Mr. Davis: There is a supplemental agenda, Mr. Chairman. Mr. Martinez: Yes. No, on number 7, on Item #7, Mrs. Fernandez moves it, Mr. Gort seconds it. Call the roll, Mr. Davis. Mrs. Fernandez offered the following resolution, and moved its adoption: RESOLUTION NO. 73-7 RESOLUTION RECOMMENDING AN AMENDMENT TO ORDINANCE NO. 6871, ARTICLE XXIII, AS IT RELATES TO "CONDITIONAL USE" OFF-STREET PARKING LOTS, AS FOLLOWS: DELETE SUB -PARAGRAPH (d) OF PARAGRAPH 1, SECTION 8 OF ARTICLE XXIII IN ITS ENTIRETY, AND SUBSTITUTE IN LIEU THEREOF THE FOLLOWING: (d) WHERE ACCESS IS AVAILABLE FROM AN ABUTTING COMMERCIAL PROPERTY WHICH THE PARKING LOT IS TO SERVE OR FROM AN ADJACENT ALLEY, NO ACCESS OPENING WILL BE PERMITTED THROUGH A REQUIRED YARD AREA UNLESS THE PARKING LOT ABUTS AND ACCESS IS FROM A STREET CLASSIFIED AS AN ARTERIAL. WHERE ACCESS FROM AN ABUTTING COMMERCIAL PROPERTY OR ALLEY IS NOT AVAILABLE, ONE OPENING FOR INGRESS AND EGRESS MAY BE PERMITTED THROUGH A YARD AREA, LIMITED TO TEN (10) FEET IN WIDTH; WITH A WALL AND/OR HEDGE OPENING TWELVE (12) FEET IN WIDTH. Upon being seconded by Mr. Gort, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Burns, Dean, Gort, Silverman, Martinez. Mmes. Callahan, Fernandez, McGraner. NAYES: None. Mr. Whipple: Thank this Board, for their consideration and patience. Mr. Martinez: Thank you. -40- January 8, 1973 Item #7 Honorable City Commission Attention: Mr. M. L. Reese City of Miami, Florida Gentlemen: Il+A tami, ltrr't to January 9, 1973 Re: ORDINANCE AMENDMENT - RECOMMENDED ARTICLE XXIII, Section 8, Sub -paragraph (d) of Paragraph 1. "Conditional Use" - off-street parking lots The Miami Planning Board, at its meeting of January 8, 1973, Item #7, following an advertised Hearing, adopted Resolution No. 73-7 by a 9 to 0 vote recommending an Amendment to Ordinance No. 6871, ARTICLE XXIII, Section 7, Sub -paragraph (d) of Paragraph 1, as follows: Delete sub -paragraph (d) of paragraph 1, Section 8 of ARTICLE XXIII in its entirety, and substitute in lieu thereof the following: (d) Where access is available from an abutting commercial property which the parking lot is to serve or from an adjacent alley, no access opening will be permitted through a required yard area unless the parking lot abuts and access is from a street classified as an arterial. Where access from an abutting commercial property or alley is not available, one opening for ingress and egress may be permitted through a yard area, limited to ten (10) feet in width; with a wall and/or hedge opening twelve (12) feet in width. No objections were received in the mail. (Page 1 of 2) 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. ncerely, David Simpson, J"r. Executive Secretary Miami Planning and Zoning Board mm Attached: Minutes cc: Law Department NOTE: Planning Department recommendation: "APPROVAL". ,(Page 2 of 2) i