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07-09-1981 Regular MeetingMIAMI SHORES VILLAGE PLANNING AND ZONING BOARD MEETING July 9, 1981 A regular meeting of the Miami Shores Planning & Zoning Board was held at 7:30 p.m., July 9, 1981, at the Miami Shores Community Center, with the following members present: Mr. J. Robert Stobs, Chairman Mrs. Roberta Johnson Mr. Kevin P. O'Connor Mr. Kenneth Cutchens Absent: Mr. J. S. Palmer Mr. Frank LuBien, Building Director and Code Enforcement Officer, was also present, as well as approximately 50 people who were interested in the Public Hearing on the 0 Zone and/or the proposed parking regulations. Minutes of the meeting of June 23, 1981 were approved as written by motion made by Mrs. Johnson, seconded by Mr. O'Connor and carried unanimously. (1) Request for approval of non tile roof covering for Joseph D. Morawka, 372 N. E. 103rd St. Mr, LuBlen's report stated that the roof r4fters have sagged to a point where the pitch is less than W', thus prohibiting the use of tile. Mr. LuBien recommended that the lightest weight roof possible be used On the back of the house, which was confirmed by an engineer's report by William Bradford. Chairman Stobs pointed out that the engineer's report did not cover the structural problem that has caused the roof to deflect, and he felt the Board should ask for a report on the structural integrity of the roof. Mr. O'Connor moved that this be tabled pending receipt of a follow-up report from the engineer on the matter of the deflection before the Board can address itself to the roof itself. The motion was seconded by Mrs. Johnson. Chairman Stobs asked Mr. LuBien to contact Mr. Bradford as to what the Board is looking for. The motion was then passed unanimously. (2) PUBLIC HEARING on "0" Zone Uses. Mr. Stobs reviewed the proposal made by First State Bank to use the U.S.F. & G. building on Biscayne Blvd.for a banking use. The first hearing was held on April 22, 1981, following which the Board recommended that an additional use be added to the "0" zoning, that use being banking. Subsequently the Village Attorney advised that no change could be made in this zone without notifying all property owners in the "0" zones. Mr. Bill Mooney of First State Bank, reported that the bank had previously requested a change in the zoning on this property to B-1. Mr. Stobs added that at the previous hearing there were no objections from the property owners. Dr. Soutar, owner of the building at 660 N. E. 95th St., in the "0" Zone, asked that all "0" zones be treated equally. Mr. Arnold Strauss, representing Mr. Jose, 546 N. E. 92nd St., 7/9/81 -2- read a list of several objections he had. Mr. Al Davis, 574 N. E. 94th St., had no objections to banking in an "0" Zone. Catherine Puhl, 560 N. E. 95th St., thought banking would be an asset in all of the "0" zoning. Mr. D. W. McIntosh, 581 N. E. 91st St., thought that banking use in the "0" zone on Biscayne Blvd. would be spot zoning and wanted this use to be included in all "0" zoning. Board comments: Mr. O'Connor thought it would be easier to amend the permitted uses than breaking the zoning down, that spot zoning isn't new. Mr. Stobs felt that one parcel of "0" zoning on Biscayne Blvd. was spot zoning but that the other areas were not comparable. Mr. Cutchens thought we could maintain an o-1 and and 0-2 zone. After some further discussion Mr. O'Connor moved that the Board recommend amending the permitted uses under "0" zoning to permit banking use. The motion was seconded by Mrs. Johnson. Mr. O'Connor thought it was more defensible than having two 0 zones and secondly, it is within the perimeter of this Board to change these uses. Mr. Stobs stated he was concerned about the buffer between residential on 6th Ave. Mr. Strauss stated this would cause a hardship to the residential area along 6th Ave. Mr. Henry Everett stated he would much prefer splitting the "0" zone because of the traffic in the residential areas. The motion failed to carry on a 2/2 vote. Mr. Stobs then passed the gavel to Mrs. Johnson and moved that the "0" Zone be split into an "0"-1 and an "0"-2 category, with the 0-2 allowing for an additional use as banking, with 0-1 (along 6th Ave.) to remain the same. The motion was seconded by Mr. Cutchens. Mr. Stobs added that the 0 zone prop- erty on Biscayne Blvd. be placed in the 0-2 zone. This motion passed 3/1 with Mr. O'Connor dissenting. PARKING ORDINANCE. A public hearing had been held by the Planning Board on June 23, 1981, on a new parking ordinance. Chairman Stobs reviewed previously recommended changes which would be reflected in the ordinance. "Change of Use" has been defined as "being a change from one enumerated use as listed in Section 6. to another enumerated use." For example: from an office building regardless of what it is being used for to retail store. • 7/9/81 -3- Other changes were noted on the original proposals. PUBLIC COMMENTS: Dr. Soutar asked about a grandfather clause. Mr. Stobs stated that this had not been written in. Dr. Soutar asked the Board to consider compact cars and that the interior non -rentable space be considered in computing area. Mr. Al Davis asked who started the parking problems. Attorney Fieldstone asked about Section 524 of the zoning ordinance as applying to existing properties, without sufficient parking, as non -conform- ing. Mr. Sam Rabin pointed out that he had bought his property with the old rules and didn't think he should be required to use new parking requirements, that the Board is wrong in what they are doing. Fran Everett questioned the validity of the remark that we have a parking crises, stated there is no parking problem if people would pay for parking by using the meters. Mr. Henry Everett, stated that this would condemn buildings that have no parking. Mr.. Everett thought the new parking requirements should apply to new construction. Mr. Soutar stated that if the business area goes down, tax revenues would go down. Mr. Stobs stated that he would like to see the ordinance passed with the provision that paragraphs(1) and(3) be altered with the addition of a grandfather clause if no specific means of providing parking is ,available. Mr. O'Connor moved that the ordinance as amended (copy attached) be recommended to Council with the special provision that if Counciljees fit to impose a mandatory financial contribution arrangement upon the landowners, for example: a special tax district, that paragraphs (1) and (3) of the amended ordinance, as applies to existing structures, be deleted and that a grandfather clause be drafted and inserted as part of the ordinance, and that under no other conditions would this Board recommend a grandfather clause in the new ordinance. The motion was seconded by Mr. Cutchens, and it was passed unanimously. The meeting adjourned at 11:40 p.m. Village '-rk Adopt.Ordinance 1/67-75 providing minimum standards for landscaping. Alter Section 5 as follows: Committee of Adjustment to consist of members of the Miami Shores Planning & Zoning Board. Appeals made.on decisions made by this Board will be to the Miami Shores Village Council. Section 6 - Strike item (.1) "the provision of this ordinance shall apply only to new off street parking uses or other vehicular uses". Insert in lieu of above the following; "the provisions of this ordinance shall apply off street parking facilities in which the.establ.ished use is changedorofor lwhich. building or structure being served is structurally altered." f • OFF STREET PARKING AND LOADING SECTION 1 - OFF STREET PARKING REQUIRED (1) Every use or structure instituted, constructed, erected or structurally altered after the effective date of this Ordinance shall provide off-street parking facilities in accordance with provisions of this Article for the use of occupants, employees, visitorsor patrons. (2) Such off-street parking facilities shall be maintained and continued as long as the main use is continued. (3) Any building or structure may be modernized, altered or repaired provided there is no increase in floor area or capacity and there is no change of use without providing additional off-street parking facilities. (Change of use is defined as being a change from one enumerated use as listed in Section 6 to another enumerated use: example - change from Category 13 - Business Office to Category 15 -.Retail would result in a change of use. Changing from Medical to General Business Office as enumerated in paragraph 13 would not result in a change of use.) (4) It shall be unlawful for an owner or operator of any structure or use affected by this Article to discontinue, change or dispense with, or cause, to the discontinuance or reduction of,the required parking facilities without establishing alternative vehicular parking facilities which meets the requirements of this Article. It shall be unlawful for any person, firm or corporation to utilize such structure or use without providing the off-street 'parking facilities to meet the requirements of and be in compliance with this Article. SECTION 2 - LOCATION, CHARACTER AND SIZE (1) The off-street parking facilties required by this Article shall be located on the same lot or parcel of land that they are intended to serve, provided, however, when the size, shape or location of a vacant or developed parcel of land prevents the establishment of such facilities on the same lot or parcel, they may be provided on a properly zoned parcel within 300 feet of the premises they are to serve. However, before such parking facilities are approved, N a recordable instrument shall be properly executed for the alternate - facility, and said recordable instrument shall be filed, as a matter of record, in the Building Department, Clerk of the Circuit Court of Dade County, Florida, and said lot or parcel shall not be utilized for any subsequent use without authorization of the Planning & Zoning Board. (2) Each parking space required and/or provided shall not be less than the following: (a) 90° angle parking: Nine (9) feet in width and twenty (20) feet in length except that fifteen (15) percent of the spaces may be seven and one-half (72) feet in width and sixteen (16) feet in length and shall be clearly designated for "compact only" vehicles. 60° angle Irl- ng- orjess. Nine (9) feet in width and twenty (-20) feet in length except that fifteen (15) percent df the spaces may be seven and one-half (72) feet in width and sixteen (16) feet in length and shall be clearly designated for "compact only" vehicle. f (c) Parallel parking: Nine (9) feet in width and twenty-five (25) feet in length except that fifteen (15) percent of the spaces may be seven and one-half (72) feet in width and twenty-one (21) feet in length, and shall be clearly designated for "compact only:' vehicles. Each parking space shall be accessible from a street or alley from an adequateaisle or driveway leading to a street or alley without driving through any other parking space. Access aisles shall be a minimum of twenty-three (23) feet for 90° angle parking, sixteen (16) feet and eight (8) .inches for 60° angle -parking, ten (10) feet and ten (10) inches for 45° angle parking, and ten (10) feet and • four (4) inches for 30° angle parking. Except for lots fifty (50) feet or less in width, driveways leading to parking areas shall have no less than eight (8) feet of paved width with no projections into the driveway area for a height of seven (7) feet, and shall be a minimum of three (3) feet from any building or structure, and a minimum of two (2) feet from any property line. On lots having a width of fifty (50) feet or less, driveways leading to parking areas shall have no less than eight (8) feet of paved width with no projections into the driveway area for.a height of seven (7) feet, and shall be a minimum of twenty (20) inches from any building or structure and a minimum of two (2) feet frbm any property line. The aforementioned areas of separation for the driveway shall, be appropriately landscaped. Where it crosses the base building line, a driveway shall be a minimum of five (5) feet from any side property line and a minimum of nine (9) feet in width. When parking spaces are located within the first twenty (20) feet of the front yard, as measured from the base building line and laid out approximately parallel with the base building line, a driveway that also serves as access aisle shall be a minimum of eighteen (18) feet in width where it crosses the base building line for buildings containing three (3) or more dwelling units. No door or pedestrian entrance at ground level shall open directly upon any driveway or access aisle unless the doorway or pedestrian entrance isat least three (3) feet from said driveway or access aisle. SECTION 3 - APPROVAL OF PLAN BEFORE ISSUANCE OF PERMITS Prior to the issuance of any building, paving, grading and leveling or other permits, a suitable sketch must be presented to the building and zoning department indicating the parking layout, proposed drainage on the premises and indicating.all driveways extending beyond the property line into the public right-of-way. The drainage plan for premises shall meet with the approval of the department of public works. The driveway plan must meet with the approval of the Director of the building and zoning department and the Director of the public works department on all roads and in approving or rejecting the plan, the directors shall determine that their decision is in the interest of public safety and welfare, taking into consideration rhP volume of traffic to be generated, its patter and conflict with the adjacent road traffic; the number of driveways proposed and their proximity to others in the area; location and proximity of median cuts; visual clearances or obstructions at the driveways; angle and.location of driveway and its intersection with the road; elevation of the drive- way in reference to the road, and any other such factors that may affect the safety and welfare of the .public. In addition, all driveways extending into state roads shall meet with the approval of the State Road Department. SECTION 4 - PARKING AREA ON APPLICATION FOR BUILDING PERMIT Applications for building or use permits shall indicate the area to be used for parking and permits shall be issued stating that such • area•shall be so reserved and developed. Recordable restrictions so reserving such area may be required' at the discretion of the director. Such area reserved for parking area will be marked on the zoning maps and no permits for additional use of such area shall be issued. Area reserved for parking in connection with any use shall be under the same ownership as that of the use itself. SECTION 5 - USING PARKING AREAS FOR•COMMERCIAL•PARKING LOT No.area designated as parking area in connection with any designated use or uses shall be operated as,a commercial parking lot. SECTION 6 - AMOUNT OF OFF-STREET PARKING The off-street parking required by this Article shall be provided and maintained on the basis of the following minimum requirements. For purposes of this Ordinance "parking space" area is as enumerated under Section 2, paragraph 2, a, b and c. (1) SINGLE AND TWO FAMILY DWELLINGS: - Single Family, one parking space for each dwelling unit; Two -Family, one parking space for each dwelling unit. (2A) MULTIPLE -FAMILY DWELLINGS, APARTMENTS, CONDOMINIUMS: 1.0 parking spaces for each dwelling unit for the first four (4). units, and 1.5 parking spaces for each dwelling unit for the next two (2) units. For seven (7) or more dwelling units, the following number of spaces is required: 1.50 parking spaces for each efficiency or one -bedroom dwelling unit. 1.75 parking spaces for each two-bedroom dwelling, unit. 2.0 parking spaces for each dwelling unit with three (3) or more bedrooms. (2B) TOWNHOUSES: Two (2) parking spaces for each dwelling unit, subject to site plan approval. (3) DORMITORIES: One (1) parking space for each two beds. (4) HOTELS: One (1) parking space- for-each---of-the first forty NIX -rental sleeping units; one (1) additional parking space •for every two (2) rental sleeping units thereafter. In addition, one (1) employee parking space shall be provided for each ten (10) guest rooms. (5) POST OFFICE & PRIVATE CLUB HALL: One (1) parking space for every four hundred square feet of gross floor area. (6) AUDITORIUMS: One parking space for each three (3)• seats where seats are fixed and (1) parking space for each forty square feet of floor area for movable seats. (7) RACE TRACKS: One parking space for each five seats provided for patrons' use or one (1) parking space for each 200 square feet of gross floor area, whichever may be greater. (8) CHURCHES: One (1) parking space• for each four (4) seats plus one parking space for each 50 square feet of floor area in assembly rooms with movable seats, provided that these requirements shall apply only to auditoriums and chapels and not to rooms used only for Sunday School classes. (9) JUNIOR HIGH, ELEMENTARY SCHOOLS, PUBLIC, PRIVATE OR PAROCHIAI: One parking space for each classroom plus one-fourth of the additional parking spaces otherwise required by this Section for Auditoriums. (10) SENIOR HIGH SCHOOLS PUBLIC OR PRIVATE: One parking space for each classroom plus one parking space for each (10) students or one-half of the additional parking spaces otherwise required by this Section for Auditoriums, whichever may be greater. (11) COLLEGES: One parking space for each classroom plus one parking space for each ten (10) students or one-half of the additional parking spaces otherwise required by this Section for Auditoriums, which- ever may be greater. (12) BUSINESS, VOCATIONAL & TRADE SCHOOLS: One parking space for each 100 square feet of gross floor area in the building. (13) MEDICAL, DENTAL OR BUSINESS OFFICE; BANKING One (1) /DENTAL space for each four hundred (400) square feet of gross floor area. (14) RESTAURANTS: 1.0 parking spaces for each One Hundred (100) square feet of gross floor area in the building. (15) RETAIL AND SERVICE STORES: One (1) parking space for each five hundred (500) square feet of gross floor area of the building. (16) SHOPPING CENTERS: One (1) parking space for each onehundred and eighty (180) square feet of gross floor area. (17) GASOLINE STATIONS: Three (3) parking spaces for each service bay or stall. (18) WHOLESALE, WAREHOUSE AND STORAGE BUILDINGS: One (1) parking space for each one thousand (1000) square feet of gross floor area. (19) MANUFACTURING AND INDUSTRIAL USES, RESEARCH & TESTING LABORATORIES: One parking space for each one thousand (1000) square feet of -floor ar-ea. • • (20) PRINTING & ENGRAVING SHOPS, LAUNDRIES AND DRY CLEANING ESTABLISHMENTS: One (1) parking space for each four hundred (400) square feet of gross floor area of the building. (21) USES NOT SPECIFICALLY MENTIONED: For any use not specifically mentioned in this Article, the requirements for off-street pa°rking for a Use which is so mentioned and to which the said Use is similar, shall. apply. (22) FRACTIONAL MEASUREMENTS: When units or measurements determining number of required off- street parking spaces result in requirement of a fractional space, any such fractional equal to or greater than one-half shall require a full off-street parking space. (23) MIXED USES: In the case of, mixed uses, the total requirements for off street parking shall be the sum of the requirements of the various uses computed separately and off-street parking space for one use shall not be considered as providing the off-street parking for any other use. (24). MEASUREMENT: For the purpose of this Article, floor areas shall mean the gross floor area measuredat the exterior walls. In churches and other places of assembly, in which the occupants utilize benches, pews, or other similar seating facilities, each 20 lineal inches of such seating facilities shall be completed as one seat for the purpose of computing off-street parking require- ments. (25) THEATERS: One (1) parking space for each three (3) seats. SECTION 7 - COMBINED OFF-STREET PARKING: Nothing in this Article shall be construed to prevent collective provisions for a joint use of off-street parking facilities for two or more buildings or uses by two or more owners or operators, provided that the total of such parking space when combined or used together, shall not be less than the sum of the requirements for the several individual uses computed separately in accordance with this Article. No part of an off-street parking area required for any building or use by this Article shall be included as a part of an off-street parking area similarly required for. another building or use, unless the type of use indicates that the periods of usage will not overlap or be con- current with each other as determined by the Board. SECTION 8 - PARKING OF COMMERCIAL VEHICLES: No off-street parking facilities required by this Article and'supplied by, or for a Use to meet the requirements of this Article shall be utilized for the parking or storage of commercial vehicles owned by or utilized by such use during the time such use is in operation. SECTION 9 - OFF-STREET LOADING: (1) On the same lot with every structure or use hereafter erected or created there shall be provided and maintained space for loading and unloading of materials, goods, or things, and for delivery and shipping, so that vehicles for these services may use this space without encroaching on or interfering with the public use of streets and alleys by pedestrians and vehicles. (2) For the purpose of this Section, an off-street loading space shall be an uninclosed area at least twelve feet wide by twenty five feet long with fourteen foot vertical clearance. Each off- street loading space shall be accessible from a street or alley and arranged for convenient and safe ingress and egress by motor truck and/or trailer combination. (3) Off-street loading facilities supplied to meet the needs of one use shall not be considered as meeting the off-street loading needs of any other use. (4)• No area or facility supplied to meet the required off-street parking facilities for a use shall be utilized for or deemed to meet the requirements of this Article for off-street loading facilities. (5) Nothing in this Section shall prevent the collective, joint, or •combined provision of off-street loading facilities for two or more buildings or uses provided that such off-street loading facilities are•equal in size and capacity to the combined re- quirements of the several buildings or uses and so located and arranged as to be usable thereby. (6) The Zoning Board may approve a reduction of off-street loading space if the Zoning Board finds that the size,• character and operation of a particular building or use will not normally involve service by motor vehicles requiring the length or vertical clearance of an off-steet loading space specified in Paragraph (3) of this Section. (7) Plans for buildings or uses requiring off-street loading facilities under the provisions of this Article shall clearly indicate the location, dimensions, clearance and access of all such required off-street loading facilities.