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2002-3367 ORDORDINANCE NO. 2002-3367 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ARTICLE 2, DIVISION 8, "GC GOLF COURSE DISTRICT" OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING SECTION 142~392, "MAIN PERMITTED USES," TO INCLUDE ADDITIONAL MAIN PERMITTED USES; AMENDING SECTION 142-395, "DEVELOPMENT REGULATIONS," TO REVISE PERMITTED HEIGHT, TO REVISE NUMBER OF STORIES, TO INCLUDE A FLOOR AREA RATIO RESTRICTION, TO INCLUDE FENCE REQUIREMENTS, AND TO ADD HOURS OF OPERATION FOR GARBAGE AND TRASH PICK UP; AMENDING 142-396, "SETBACK REQUIREMENTS," TO REVISE SETBACK REQUIREMENTS AND TO INCLUDE SETBACK REQUIREMENTS FOR AN AT-GRADE PARKING LOT, STORAGE FACILITIES AND DUMPING SITES; AND TO INCLUDE NOISE REGULATIONS; ~}ROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WttEREAS, Chapter 142, Article 2, Division 8, of the land development regulations of the Code of the City of Miami Beach contains various provisions regulating golf comes on private property; and WItEREA~, the owner of the La Gorce Golf Course is requesting that the regulations affecting the GC, Golf Come district, which is the only property within that district, be amended; and WI-IEREA& it is necessary to review, modify, and expand the regulations of golf courses on private property from time to time and adapt those regulations to changing needs. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 142-392 "Main petfnitted uses" of the Code of the City of Miami Beach, Florida is hereby amended as follows: Section 142-392. Main permitted uses. The main permitted uses in the GC golf course district are golf courses, tennis courts, clubhouses, and those uses normally associated with a golf course, provided that all such uses are under a unified ownership and operation. For purposes of this section, clubhouse shall mean one or more build'mgs owned and operated by a private golf club that house administrative offices, fitness rooms, locker rooms, lounges, restaurants, banquet facilities, pro shops and/or other facilities designed for the use of the club's members and their guests. A clubhouse building shall be utilized primarily for the benefit of the private golf club's members and its facilities shall not be rented, leased or made available to the general public. SECTION 2. That Section 142-395, "Development Regulations," is hereby amended as follows: Sec. 142-395. Development regulations. There are no floor area ratio, lot area, lot width, unit area or unit size requirements in the GC Zoning District. Building height, story, and total construction requirements are as follows: Maximum Building Height is 42 feet. except that 1400 square feet of the tootprint of the clubhouse may exceed 42 feet up to 50 feet with the location of the added height to be generally at the center of the clubhouse, inclusive of all allowed extensions, parapets and similar design elements. Maximum total construction: 100,000 square feet. Fencing shall be allowed only on the street-ends, or facing a street, or on areas not abutting single family homes, however the adjoining property owner may waive this restriction. The fence height shall be as prescribed in the Code and when located with'm the 75-foot setback, plant material shall not act as a solid barrier. SECTION 3. That Section 142-396, "Setback requirements," of the Code of the City of Miami Beach, Florida is hereby amended as follows: See. 142-396. Setback requirements. The setback requirements in the GC golf come district are as follows: 1. Any yard adjacent to Alton Road a public fight of ~vay: 170 foot. 200 feet, except for at-grade parking lots and other one-story ancillary structures not to exceed 20 feet in height and 2,000 square feet in floor area. The foregoing ancillary structures shall be setback at least 125 feet. 2 All other yards: Yards abutting single family homes: 75 feet from the property line of any single-family residence abutting the golf course property. The setback on the golf course adjacent to 51st Terrace and homes whose side property line abuts the golf course shall be 87.5 feet. There shall be no structures, including restroom facilities or rest stations. new parking lots or roads, excluding golf cart paths and existing maintenance roads, within this setback area, except that the existing comfort station within this buffer zone may remain and may be re- constructed. repaired and/or rehabilitated. Any new structures that may be proposed in the future. including but not limited to. restroom facilities or comfort stations shall be setback 75 feet from the rear yards of residential homes abutting the golf course property and shall not exceed 2,000 square feet. All other yards: The setback shall be 170 feet from the property line of any abutting single family home. Any and all storage facilities. dumping sites. waste service facility and fuel storage tanks shall be located at a site within the principal maintenance area, or another site central to the golf course. screened from surrounding residential properties. in a location and manner to be reviewed and approved through the design review process. Existing at-grade parking lots: fifty (50) feet from the rear lot line and ten feet from the side lot line of any abutting single family home. except that parking lots 'existing as of the effective date of this ordinance. shall be set back ten (10) feet from public rights-of-way and from adjacent properties. The design of the parking lot shall be reviewed in accordance with the regulations set forth in Sections 130-61 through 130-67. Garbage. trash and vegetative debris pick up shall occur between the hours of 7:00 a.m. and 7:00 p.m., seven days a week from the main access point on Alton Road. All other access points shall be restricted to pick up between 9:00 a.m. and 5:00 p.m. Monday through Saturday only. SECTION 4. That Section 142.396.1, "Noise Regulations," of the Code of the City of Miami Beach, Florida is hereby added as follows: Section 142-396.1. Noise Reeulations. At all times, all noise emanating from the clubhouse or accessory structures that is unreasonably loud shall be contained within the property lines of the golf coume property. An unreasonably loud noise is defined as a noise that is plainly audible and which interferes with normal conversation. SECTION 5. REPEALER. All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. SECTION 7. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA. It is the intention of the City Commission, and it is hereby ordained that the provisions of this ordinance shall become and be made par~ of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be renumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 8. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect ten d: s following adoption. PASSED AND ADOPTED this 8th ay cf ,# 2002. OR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION City Attorney Date Revised April 10, 2002 Revised May 8, 2002 F:~PLANXSPLB\CCMEMOSX2002\1536 admin LaGorce ord3 .doc CITY OF MIAMI BE/~,CH if~ COMMISSION ITEM SUMMARY Condensed Title: Second reading public hearing to consider a proposed ordinance amending the GC Golf Course district. Issue: Should the City Commission amend the Land Development Regulations for the GC Golf Course district, as requested by the applicant and modified at the April 10, 2002 Commission meeting? Item Summary/Recommendation: IThe Administration recommends that the City Commission adopt the Ordinance. Advisory Board Recommendation: Planning Board - on February 26, 2002, voted 6-0 (1 absent) to recommend to the City Commission approval of the proposed ordinance, as amended by the Planning Board. Financial Information: Amount to be expended: Source of Funds: Finance Dept. AGENDA ITEM DATE CITY OF MIAMI BEACH CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 www.ci.miarni-beach.fl. us To: From: Subject: COMMISSION MEMORANDUM Mayor David Dermer and Date: May 8, 2002 Members of the City Commission Jorge M. Gonzalez ~) City Manager First Reading Public Hearing - La Gorce Country Club - Proposed amendments to the GC, Golf Course District of the Code of the City of Miami Beach. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ARTICLE 2, DIVISION 8, "GC GOLF COURSE DISTRICT" OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING SECTION 142-392, "MAIN PERMITTED USES," TO INCLUDE ADDITIONAL MAIN PERMITTED USES; AMENDING SECTION 142-395, "DEVELOPMENT REGULATIONS," TO REVISE PERMITTED HEIGHT, TO REVISE NUMBER OF STORIES, TO INCLUDE A FLOOR AREA RATIO RESTRICTION, TO INCLUDE FENCE REQUIREMENTS, AND TO ADD HOURS OF OPERATION FOR GARBAGE AND TRASH PICK UP; AMENDING 142-396, "SETBACK REQUIREMENTS," TO REVISE SETBACK REQUIREMENTS AND TO INCLUDE SETBACK REQUIREMENTS FOR AN AT-GRADE PARKING LOT, STORAGE FACILITIES AND DUMPING SITES; AND TO INCLUDE NOISE REGULATIONS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. ADMINISTRATION RECOMMENDATION The Administration recommends that the City Commission adopt the Ordinance. ANALYSIS The request to change the Land Development Regulations for GC Golf Course distdct was made pursuant to an application filed by La Gorce Country Club for consideration by the Planning Board. This district is designed to accommodate golf courses on private property, and La Gorce Golf Course is the only one in the City of Miami Beach that meets this district purpose. The La Gorce Country Club obtained Design Review approval for the replacement of the demolished clubhouse at the December 18, 2001 Design Review Board meeting. The Commission Memorandum - May 8, 2002 Second Reading Public Hearing - La Gorce Golf Course Page 2 of 7 plans depict the new clubhouse and the retention of the tennis courts and the surface parking lots. The Design Review Board, as a condition of approval of the construction of the new clubhouse, required that the structure that may be built to store the garden debris also have a setback of 170 feet from any property line. The Planning Board, in its deliberations during the public hearing on February 26, 2002, made several amendments to the ordinance being proposed by the applicant. The following section reflects the recommendation made by the Planning Board, the proposal by the applicant as modified since the Planning Board hearing, and the Administration's suggested changes. Proposed Amendments Section 142-392. Main permitted uses. This section clarifies the main permitted uses including a definition of clubhouse use. The main permitted uses in the GC golf course district are golf courses, tennis courts, clubhouses, and those uses normally associated with a golf course, provided that all such uses are under a unified ownership and operation. For purposes of this section, clubhouse shall mean one or more buildings owned and operated bv a private golf club that house administrative offices, fitness rooms, locker rooms, lounges, restaurants, banquet facilities, pro shops and/or other facilities designed for the use of the club's members and their guests. A clubhouse buildin.q shall be utilized primarilV for the benefit of the private .qolf club's members and its facilities shall not be rented, leased or made available to the general public. The applicant's proposal, the Planning Board's and the Administration's recommended ordinances are in agreement with respect to this section. At the April 10, 2002 Commission Meeting, the Commission accepted this amendment. Sec. 142-395. Development Regulations. This section changes the building area by establishing a floor area ratio where one does not exist, and reduces the number of stories from 3 to 2 and establishes a definition for buffering materials. There are no floor area ratio, lot area, lot width, unit area or unit size requirements in the GC Zoning District. Building height, story, and floor area ratio requirements are as follows: Maximum Building Height is 42 feet, except that 1400 square feet of the footprint may exceed 42 feet up to 50 feet with the location of the added heiqht to be at the center of the clubhouse, inclusive of all allowed extensions, parapets and similar design elements. Commission Memorandum - May 8, 2002 Second Reading Public Hearing - La Gorce Golf Course Page 3 of 7 The applicant requested that the height of 50 feet be for an area of 2500 square feet of floor area. The Planning Board requested that the total height of the building at 50 feet be limited to an area of the footprint of the building which is reflective of the domed area generally located at the center of the clubhouse. 2. Maximum Number of Stories 3 2_. The Planning Board requested the number of stories be changed to two in order to restrict the total number of stories being proposed with the new design of the clubhouse. The applicant's, the Planning Board's and the Administration's versions are in agreement with respect to section 1 and 2 above. At the April 10, 2002 Commission meeting, the Commission accepted this amendment. 3. Maximum Floor Area Ratio is .015 The existing City Code does not include an FAR in the GC Golf Course zoning District. The LaGorce Golf Course property is approximately 138.37 acres, or 6,027,397 square feet. The applicant proposed to the Planning Board an FAR of .02. This proposal would allow approximately 120,200 square feet of construction on this property, and with the proposed clubhouse occupying an area of approximately 45,000 square feet, the Planning Board believed that the remaining 75,200 square feet of additional construction would be excessive. The Planning Board recommended that the FAR be reduced to .015, this represents approximately 90,410 square feet of total building area. The applicant proposed an FAR of .0175, which would allow approximately 105,480 square feet of total construction. After subtracting the proposed building area of the clubhouse, approximately 60,480 square feet of additional construction remains. The Administration believes that some flexibility in the total potential floor area is needed in order for the golf course to function properly. To this end, it is recommended that the maximum total construction be limited to 100,000 square feet. This is equivalent to an FAR of .0166. Both the applicant and the Commission accepted the Administration's recommendation. Any bufferin.cl material located beh nd any sinfile-family residence shall be of living plant material, shall not be fenced in and such livin.cl plant material shall Commission Memorandum - May 8, 2002 Second Reading Public Hearfng - La Gorce Golf Course Page 4 of 7 not exceed five feet in hei.clht. There were a lot of concerns expressed at the public hearing relative to fence material, thus the Planning Board decided to only allow living plant material when located behind single-family homes. The applicant's alternative ordinance eliminated this section. This would allow the existing section of the Code dealing with fences to be applicable in the GC district. The Administration recommended that a fencing material, in addition to living plant material be permitted. A transparent fence, i.e. metal picket or chainlink, would allow a view through the golf course, while at the same time, affording the property owner to secure the property. In this regard, the Administration recommended that a fence, no higher than five (5) feet, and constructed of a non-opaque material (metal picket, chainlink, etc.) be permitted. It should be noted that chainlink fences are prohibited by the City Code when facing a right of way. At the April 10, 2002 Commission public headng, the Commission suggested that a fence may be allowed only on the street-ends, or facing a street, or on areas not abutting single family homes. The Commission also suggested that the adjoining property owner may waive this restriction. They also suggested that the fence height shall be as prescribed in the Code and that when located within the 75-foot setback, plant material shall not act as a solid barrier. Sec. 142-396. Setback requirements. This section increases the setbacks from a public right-of-way from 170 feet to 200 feet, except for the existing at-grade parking lots; establishes the setback for at-grade parking lots to 10 feet from the public right-of-way and adjacent properties; and establishes the setback for any maintenance facility and for any trash/garden debris collection site to 170 feet from surrounding properties. The setback requirements in the GC golf course district would be as follows: (1) Any yard adjacent to a public right-of-way: 170 feet. 200 feet, except for at-grade parking lots. The applicant proposed that the 200 ft. setback only apply to the clubhouse and not to the location of the existing at-grade parking lots, the existing tennis pro shop, or to the pool and accessory structures surrounding the pool. In this regard, the applicant suggested the following language: (2) Any yard adjacent to Alton Road a public right of way: 170 feot. 200 , , 4 Commission Memorandum - May 8, 2002 Second Reading Public Hearing - La Gorce Golf Course Page 5 of 7 feet, except for at-grade parking lots and other one-story ancillary structures not to exceed 20 feet in hei.clht and 2,000 square feet in floor area. The foregoing ancillary structures shall be setback at least 125 feet. Since the areas referenced above front Alton Road and not the rear yards of single family residences, the Administration believes this change will not have a detrimental impact on the single family homes. The Commission accepted this amendment. (3) All other yards: SO Yards abutting single family homes: 100 feet from the rear property line of any single-family residence abutting the golf course property. There shall be no structures, including restroom facilities or rest stations, new parking lots, or roads, excluding golf cart paths, within this setback area, except that the existing comfort station within this buffer zone may remain and may be re-constructed, repaired and/or rehabilitated. Any new structures that may be proposed in the future shall not exceed 2000 square feet. All other yards: The setback shall be 170 feet from the rear property line of any abutting single family home. The aggre.clate of any new accesson/structures that may be proposed in the future and which are not adjacent to the clubhouse area shall not exceed 20,000 sguare feet. The applicant had originally proposed a buffer zone of 50 feet. Because of concerns expressed by the people attending the public hearing, the Planning Board believed that as an added safeguard, creating a buffer zone was rational and good planning. The Board, therefore, added that within an area of 100 feet from the rear lot line of single family homes abutting the golf course, no structures could be built, except that the existing comfort station could be re-constructed at its present location. At the April 10, 2002 Commission meeting, the applicant offered a compromise changing the setback to 75 feet from any single-family rear yard fronting on the golf course property. This alternative setback is the mid-point between the 50 feet originally proposed by the applicant and the Planning Board's version of 100 feet. The applicant also requested to include as permitted encroachments, the maintenance roads that are existing. In this regard, not all the property lines abutting the golf course are "rear," Commission Memorandum - May 8, 2002 Second Reading Public Hearing - La Gorce Golf Course Page 6 of 7 therefore, the Administration requested that where it reads 'rear property line' or 'rear yard' when referring to single-family properties abutting the golf course property, that it be changed to 'property line' or 'any yard,' as it may be appropriate. The Administration also recommended that reviews go through the design review process, which the City Code defines and clarifies what would be the purview of the Design Review Board and staff. The Commission accepted these changes. (4) At-grade parking lots: fifty (50) feet from the rear lot line and ten feet from the side lot line of any abutting single familv home, except that existing parking lots shall be set back ten (10) feet from a public rights-of-way and from adjacent properties. The design of the parking lot shall be reviewed in accordance with the re.clulations set forth in Sections 130-61 through 130-67. The applicant had proposed that existing parking lots would have a setback of 10 feet, but that any future parking lots would have a setback of 50 feet. The Board added language to this section in order to ensure that if something happened to the existing parking lots where they would have to be re-built, then any future parking lots would have a larger setback from the single family homes. (5) Any and all storage facilities, dumpin.q sites, waste service facility and fuel stora.cle tanks shall be located at a site within the principal maintenance area, or another site central to the .qolf course, separated a minimum of 170 feet from, and screened from, surrounding residential properties, in a location and manner to be reviewed and approved by the Design Review Board. See comments in (2) above. (6) Garbage and trash (garden debris) pick up shall occur between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday only. The Planning Board added this section to ensure the peace and tranquility of the surrounding neighborhood. The applicant proposed to change this section to permit the pick up of garbage and trash between the hours of 7:00 a.m. and 7:00 p.m. seven days a week and that the pick up of vegetative debris be from 7:00 a.m. to 7:00 p.m. Monday through Saturday. The Administration recommended that pick up of garbage, trash and vegetative debris be between the hours of 7:00 a.m. and 7:00 p.m. seven Commission Memorandum - May 8, 2002 Second Reading Public Hearing - La Gorce Golf Course Page 7 of 7 days a week from the main access point on Alton Road. All other access points shall be restricted to pick up from 9:00 a.m. and 5:00 p.m., Monday through Saturday only. The Commission accepted the Administration recommendation. Section 142-396.1. Noise Regulations. This is a new section added to the City Code whereby a noise control mechanism is established. At all times, all noise emanatinfi from the clubhouse or accessory structures that is unreasonably loud shall be contained within the prepertV lines of the golf course property. An unreasonably loud noise is defined as a noise that is plainly audible and which interferes with normal conversation. The alternative ordinance proposed by the applicant does not change the language in the Planning Board recommendation. Planning Board Action The Planning Board held a public hearing on February 26, 2002 and voted 6-0 (1 absent) to recommend to the City Commission approval of the proposed ordinance, as amended by the Board. City Commission Action At the April 10, 2002 meeting, the City Commission approved unanimously (7-0) a modified ordinance (as noted in this report), and set a second reading public hearing for May 8, 2002. CONCLUSION Based on the foregoing, the Administration made modifications as requested by the Commission and consented by the applicant, and recommends that the City Commission adopt the ordinance as revised. The second reading public hearing required notice shall be published at least five days prior to the public hearing. JMG/CIG~5'~G/ML T:~AGENDA~2002'~MAY0802~REGULAR\1536La Groce 2nd rdg memo.doc Administration Recommendation ORDINANCE NO. AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING CHAPTER 142, ARTICLE 2, DIVISION 8, "GC GOLF COURSE DISTRICT" OF THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA, BY AMENDING SECTION 142-392, "MAIN PERMITTED USES," TO INCLUDE ADDITIONAL MAIN PERMITTED USES; AMENDING SECTION 142-395, "DEVELOPMENT REGULATIONS," TO REVISE PERMITTED HEIGHT, TO REVISE NUMBER OF STORIES, TO INCLUDE A FLOOR AREA RATIO RESTRICTION, TO INCLUDE FENCE REQUIREMENTS, AND TO ADD HOURS OF OPERATION FOR GARBAGE AND TRASH PICK UP; AMENDING 142-396, "SETBACK REQUIREMENTS," TO REVISE SETBACK REQUIREMENTS AND TO INCLUDE SETBACK REQUIREMENTS FOR AN AT-GRADE PARKING LOT, STORAGE FACILITIES AND DUMPING SITES; AND TO INCLUDE NOISE REGULATIONS; PROVIDING FOR INCLUSION IN THE CODE OF THE CITY OF MIAMI BEACH, FLORIDA; REPEALER; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, Chapter 142, Article 2, Division 8, of the land development regulations of the Code of the City of Miami Beach contains various provisions regulating golf courses on private property; and WHEREAS, the owner of the La Gorce Golf Course is requesting that the regulations affecting the GC, Golf Course district, which is the only property within that district, be amended; and WHEREAS, it is necessary to review, modify, and expand the regulations of golf courses on private property from time to time and adapt those regulations to changing needs. NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Section 142-392 "Main penhitter uses" of the Code of the City of Miami Beach, Florida is hereby amended as follows: Section 142-392. Main permitted uses. The main permitted uses in the GC golf course district are golf courses, tennis courts, clubhouses, and those uses normally associated with a golf come, provided that all such uses are under a tmified ownership and operation. For purposes of this section, clubhouse shall mean one or more buildings owned and operated by a nrivate ~olf club that house administrative offices, fitness rooms, locker rooms. lounges, restaurants, banquet facilities. pro shops and/or other facilities designed for the use of the club's members and their guests. A clubhouse building shall be utilized primarily for the benefit of the private golf club's members and its facilities shall not be rented, leased or made available to the general public. SECTION 2. That Section 142-395, "Development Regulations," is hereby amended as follows: Sec. 142-395. Development regulations. There are no floor area ratio, lot area, lot width, unit area or unit size requirements in the GC Zoning District. Building height, story, and total construction requirements are as follows: Maximum Building Height is 42 feet, except that 1400 square feet of the tootprint of the clubhouse may exceed 42 feet up to 50 feet with the location of the added height to be generally at the center of the clubhouse. inclusive of all allowed extensions, parapets and similar design elements. Maximum total construction: 100,000 square feet. Fencing shall be allowed only on the street-ends. or facing a street, or on areas not abutting single family homes. however the adjoining property owner may waive this restriction. The fence height shall be as prescribed in the Code and when located within the 75-foot setback, plant material shall not act as a solid barrier. SECTION 3. That Section 142-396, "Setback requirements," of the Code of the City of Miami Beach, Florida is hereby amended as follows: Sec. 142-396. Setback requirements. The setback requirements in the GC golf come district are as follows: 1. Any yard adjacent to Alton Road a public right of ~vay: 170 foot. 200 feet. except for at-grade parking lots and other one-story ancillary structures not to exceed 20 feet in height and 2,000 square feet in floor area. The foregoing ancillary structures shall be setback at least 125 feet. All other yards: Yards abutting single family homes: 75 feet from the property line of any single-family residence abutting the golf course property. There shall be no structures, including restroom facilities or rest stations. new parking lots or roads, excluding golf cart paths and existing maintenance roads, within this setback area, except that the existing comfort station within this buffer zone may remain and may be re- constructed. repaired and/or rehabilitated. Any new structures that may be proposed in the future, including but not limited to. restroom facilities or comfort stations shall be setback 75 feet from the rear yards of residential homes abutting the golf course property and shall not exceed 2,000 square feet. All other yards: The setback shall be 170 feet from the property line of any abutting single family home. Any and all storage facilities. dumping sites. waste service facility and fuel storage tanks shall be located at a site within the principal maintenance area, or another site central to the golf course, screened from surrounding residential properties, in a location and manner to be reviewed and approved through the design review process. Existing at-grade parking lots: fifty (50) feet from the rear lot line and ten feet from the side lot line of any abutting single family home. except that parking lots existing as of the effective date of this ordinance. shall be set back ten (10) feet from public rights-of-way and from adjacent properties. The design of the parking lot shall be reviewed in accordance with the regulations set forth in Sections 130-61 through 130-67. Garbage, trash and vegetative debris pick up shall occur between the hours of 7:00 a.m. and 7:00 p.m., seven days a week from the main access point on Alton Road. All other access points shall be restricted to pick up between 9:00 a.m. and 5:00 p.m. Monday through Saturday only. SECTION 4. That Section 142.396.1, "Noise Regulations," of the Code of the City of Miami Beach, Florida is hereby added as follows: Section 142-396.1. Noise Regulations. At all times, all noise emanating from the clubhouse or accessory structures that is unreasonably loud shall be contained within the property lines of the golf course property. An unreasonably loud noise is defined as a noise that is plainly audible and which interferes with normal conversation. SECTION 5. REPEALElL All ordinances or parts of ordinances and all sections and parts of sections in conflict herewith are hereby repealed. SECTION 7. INCLUSION IN CODE OF THE CITY OF MIAMI BEACH, FLORIDA. It is the intention of the City Commission, and it is hereby orda'med that the provisions of this ordinance shall become and be made part of the Code of the City of Miami Beach as amended; that the sections of this ordinance may be tenumbered or relettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. SECTION 8. SEVERABILITY. If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder shall not be affected by such invalidity. SECTION 9. EFFECTIVE DATE. This Ordinance shall take effect ten days following adoption. PASSED AND ADOPTED this __ day of 2002. MAYOR ATTEST: CITY CLERK APPROVED AS TO FORM AND LANGUAGE & FOR EXECUTION Revised April 10, 2002 F:XPLANXSPLB\CCMEMOSxa002\1536 admin LaGorce ord2.doe Date CITY OF MIAMI BEACH NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY given that public ~teerings will be hell by the Me r and City Commission of the City of Miami Beach Flork;la. in the Commission Chambers, 3rd floor, City Hall 1700 Convention ~entar Drive Miami Beach Rork:la. on Wednesday, May 8, 2002, at the times listed below, to consider the following on first readin~l: at 10:45 a,m,: ORDINANCE AMENDING ORDINANCE NO. 789. THE CLASSIFIED EMPLOYEES' SALARY ORDINANCE OF THE CITY OF MIAMI BEACH. FLORIDA, PROVIDING FOR THE GROUP IV CLASSIFICATIONS; THOSE BEING THE CLASSIFICATIONS 4%, AND INCREASING THE SALARY OF EACH EMPLOYEE BY 4% FROM THE PAYROLL DATES OF SEPTEMBER 25, 2000, AND SEPTEMBER 24, 2001, RESPECTIVELY; INCREASING THE MINIMUM AND MAXIMUM OF THE SALARY RANGES BY 4%, AND INCREASING THE SALARY OF EACH EMPLOYEE BY 4%TO BE APPLIED AS OFTHE PAYROLL DATE OF SEPTEMBER 23. 2002; AMENDING THE SALARY RANGES OF THE CLASSIFICATIONS SPECIFIED IN THE NEGOTIATED AGREEMENT; CREATING THE CLASSIFICATIONS OF CARPENTER II, FINANCE SPECIALIST I, FINANCE SPECIALIST II, AND FINANCE SPECIALIST Iti; AMENDING THE TITLES OF CARPENTER TO CARPENTER I AND CODE COMPLIANCE FIELD SUPERVISOR TO CODE COMPLIANCE ADMINISTRATOR; TRANSFERRING THE TITLES OF THE CLASSIFICATIONS OF CRIME SCENE TECHNICIAN I, CRIME SCENE TECHNICIAN II, POLICE FLEET SPECIALIST, PROPEFR'Y EVIDENCE TECHNICIAN I, PROPERTY EVIDENCE TECHNICIAN II, PUBLIC. SAFETY SPECIALIST AND POLICE RECORDS TECHNICIAN FROM THE GROUP VI, BEING OTHERS, TO THE CWA BARGAINING UNIT; TRANSFERRING THE TITLES OF CIVIL ENGINEER I, CIVIL ENGINEER II, AND PLANNER FROM THE CWA GROUP TO THE UNCLASSIFIED GROUP; DELETING THE PREVIOUS FORMAT OF THE CWA SECTION OF THE ORDINANCE AND REPLACING IT WITH THE CURRENT FORMAT OF THE OTHER SECTIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEV. ERABILITY AND AN EFFECTIVE DATE· Inquiries may be cllrected W the HUman Besource~ at (305) 673-7524. at 10:aS AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3, SECT1ON 2485 THEREOF ENTITLED 'I. IST OF EXPENDITURES; FEE DISCLOSURE; REPORTING REQUIREMENTS," BY REQUIRING DISCLOSURE OF LOBBYISTS' FEES; PROVIDING FOR REPEATER, SEVERABILITY, CODIRCATION AND EFFECTIVE DATE. at 10:56 a.m.: AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3 ENTITLED "LOBBYISTS" BYCREATING SECTION 2-485A ENTITLED "PROHIBITED LOBBYING ACTIVITIES" PROSCRIBING CERTAIN REPRESENTATIONS OF THIRD PARTIES BY CITY LOBBYISTS; PROV D NG FOR REPEALER, SEVERABIL TY, COD FICAT ON, AND EFFECTIVE DATE AN ORDINANCE AMENDING MIAMI BEACH CITY CODE CHAPTER 2, DIVISION 3 EN~'IiLED "LOBBYISTS", BY CREATING A SECTION 2.4859 ENTITLED 'CONTINGENCY FEE PROHIBITED," PROVIDING LOBBYIST CONTINGENCY FEES; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE. Inquiries may be directed to the City Attorney at (305) 673-7470. AN ORDINANCE AMENDIN6 THE MIAMI BEACH CITY CODE, .CHAPTER 18, "BUSINESSES," ARTICLE XV, 'STREET PERFORMERS AND APT VENDORS," SECTION 18-902, "PERMIT REQUIRED,"TO CLARIFY WHEN PERMITS ARE REQUIRED, AND THE APPLICABILITY OF ANY OTHER CITY ORDINANCES; SECTION 18-903, 'PERMIT APPLICATION," TO CHANGE THE APPLICATION PROCESSING FEE TO A PERMIT FEE, ALLOW PERFORMING AND VENDING GROUPS TO OBTAIN A SINGLE PERMIT. AND PERMIT JOINT USE OF DESIGNATED LOCATIONS BY STREET PERFORMERS AND VENDORS; SECTION 13- 904. "AREAS RESERVED FOR STREET PERFORMANCES AND ART VENDING," TO ALLOW FOR JOINT USE OF SITES BY STREET PERFORMERS AND VENDORS, AND ADDING ADDITIONAL LOCATIONS FOR SUCH PERFORMANCES AND VENDING; SECTION 18-905, 'PERMIT RULES AND REQUIREMENTS," TO CLARIFY CERTAIN RULES, AND PROHIBIT PUSH CARTS AND MOBILE D~SPLAYS, AND SECTION 18-906, "HOURS OF OPERATION," TO EXTEND EXPANDED HOURS OF OPERATION FOR ALL LOCATIONS. AND CLARIFY REQUIREMENTS FOR REMOVAL OF ITEMS FROM DESIGNATED LOCATIONS; PROVIDING FOR REPEALER SEVERABILiTY; CODIFICATION; AND AN EFFECTIVE DATE. AN O~DINANCE AMENDING THE CODE OF THE CITY OF M AMI BEACH, FLOR DA, BY AMEND NG CHAPTER 142, 'ZONING DISTRICTS AND REGULATIONS," ARTICLE II, 'DISTRICT REGULATIONS," DIVISION 18, "PS PERFORMANCE STANDARD DISTRICT," BY MODIFYING THE HEIGHT AND NUMBER OF STORIES IN THE C-PS ZONING DISTRICTS FOR RESIDENTIAL AND HOTEL DEVELOPMENT PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY AND AN EFFEOTIVE DATE: Inquiries may be directed to the Neigtiborhood Sen~ices at (305) 673-7077. : MAIN PERMITTED USES; AMENDING SECTION 142-395, "DEVELOPMENT REGULATIONS," TO REVISE PERMITTED HEIGHT, T TO REVISE-.NUMBER OF STORIES, TO INCLUDE A FLOOR AREA RATIO RES RICTION, TO INCLUDE FENCE REQUIREMENTS, AND TO ADD HOURS OF OPERATION FOR GARAGE AND TRASH PICK UP; AMENDING 142-396, · SETBACK REQUIREMENTS," TO REVISE SETBACK REQUIREMENTS AND TO iNCLUDE SETBACK REQUIREMENTS FOR AN AT-GRADE PARKING LOT, STORAGE FACILITIES AND DUMPING SITES; AND TO INCLUDE NOISE REGULATIONS; PROVIDING FOR INCLUSION IN THE CODE O~ THE CITY OF MIAMI BEACH FLORIDA REPEALER; SEVERABILITY; AND AN EPFECT!VE DATE Incluides may be (~rected TO th6 Planning Department at (305) 6~'3-7~50. Fk}dda 33139. Copies of ~Hase ordinances are available for public ins 'on dudng normal business hours in ~t~ City Ck}rt~s Office, 1700 Convention Center Drive, 1st Floor, City Hail Miami Beach, For~id'~ 33139. This meeting may be continued and under such circumstances additional legal notice would not be provided. ,: Robe;t E; P~rche'r, C~y Ck}rk ' City of Miami Beach Pursuant to Section 286.0105, Fla. Stat.,the City hers advises ~e pub4h:that:lf aperson de~ides to appeal a~y,~'~idskxt macle by the C~ty Commission with resl~ect to any matter consil~ersd at its meeting or its he~,ring, such rson must ensure that a ved3atim record of the pruceedinga is made, which record include~ the testimony and evidence upon w~k}~ the ep;)eal is to be based. :This notice does not ucnstit~te consent by the City for the introduction or admission of otherwise inadmissible or irmk}vant evh~mce, nor does it authodss chaik}nges or appeals not otherwise elk}wed by law. In accorctance with the Americans with Disabilities ACt of 1990, persons needing special accommodation to rtfoipate in this proceiling Shoull COntaCt the City Clerk's office no later then four (lays prior to the roceedl , telephone 5~ 673-7411 for assistance. (Ad .V93)