HomeMy WebLinkAboutO-12415J-03-522
6/10/03
ORDINANCE NO. 12 415
AN ORDINANCE OF THE MIAMI CITY
COMMISSION, AMENDING ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 6, SECTION 620,SD-20 EDGEWATER
OVERLAY DISTRICT, IN ORDER TO CREATE THE
SD 20.1 BISCAYNE BOULEVARD EDGEWATER
OVERLAY DISTRICT, ADD TO THE INTENT
STATEMENT, CREATE SPECIAL DISTRICT
REQUIREMENTS AND LIMITATIONS ON USES, AND
TO REQUIRE CLASS II SPECIAL PERMITS FOR
CERTAIN EXTERIOR WORK; AND BY AMENDING
ARTICLE 9, SECTION 946, PUBLIC STORAGE
FACILITIES, TO ADD THE NEW SD -20.1 TO THE
LIST OF DISTRICTS IN WHICH PUBLIC STORAGE
FACILITIES ARE PROHIBITED; CONTAINING A
REPEALER PROVISION AND SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning Advisory Board, at its
meeting of May 21, 2003, Item No. 9, following an advertised
hearing, adopted Resolution No. PAB 30-03 by a vote of eight
to zero (8-0), RECOMMENDING APPROVAL of amending Zoning
Ordinance No. 11000 as hereinafter set forth; and
WHEREAS, the City Commission after careful
consideration of this matter deems it advisable and in the
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best interest of the general welfare of the City of Miami
and its inhabitants to amend Ordinance No. 11000 as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in
the Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, is amended
by amending the text of said Ordinance as follows:"
"ARTICLE 6. SPECIAL DISTRICTS
Sec. 620. SD -20 Edgewater Overlay District; SD -20.1
Biscayne Boulevard Edgewater Overlay District.
620.1. Intent. The intent of this overlay district is
to provide a development incentive for the general
Edgewater/Omni area between Northeast 2nd Avenue to
Biscayne Bay. It is further intended that future
public and private development shall respect and
enhance the role of Biscayne Boulevard as a major
gateway into the City of Miami by providing well -
Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
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landscaped development along the Boulevard. To achieve
this purpose, these regulations shall encourage
appropriate development and assure appropriate uses
along the boulevard by modifying the use regulations of
underlying districts. It is also the intent to preserve
the urban character of the area, to preserve and
enhance property values through setbacks and lot
coverage restructure so as to enhance the area as a
place to live and work. The special intent of the
SD -20.1 Biscayne Boulevard Edgewater Overlay districts
shall be accomplished by applying the SD -20.1
designation for a distance of approximately 200 feet
from the right-of-way of Biscayne Boulevard to the east
and west from Northeast 17th Terrace to Northeast 37th
Street (I-195) (See Zoning Atlas for exact properties
designated).
620.2. Effect of SD -20 and SD -20.1 designations.
The effects of these regulations shall be to modify
regulations within portions of other zoning districts
included within SD boundaries to the extent indicated.
620.2.1. Exceptions to floor area ratio limitations.
Notwithstanding floor area ratio limitations of existing
districts lying within the SD -20 and SD -20.1 district
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boundaries, the floor area ratio for commercial uses may be
increased to 2.0.
620.2.2. Exception to faaxiffiu minimum lot size.
Irrespective of minimum lot sizes of underlying districts,
the minimum lot size shall be five thousand (5,000) square
feet.
Sec. 620.2.3. Exception to minimum open space requirements.
620.2.3.1. Irrespective of minimum open space requirements
in the underlying districts, for the SD -20 and SD 20.1
districts, the lot coverage shall be limited to sixty (60)
percent of gross lot area. For residential uses, the front
setback shall be a minimum of twenty (20) feet; the rear
setback shall be a minimum of ten (10) feet and the side
setback shall be a minimum of five (5) feet on each side.
For commercial uses, the front setback shall be ten (10)
feet; the rear setback shall be five (5) feet; no side
setback is required.
620.2.4. Exception to height limitations.
Irrespective of height limits in the underlying districts,
there are no height limits in the SD -20 and SD -20.1 overlay
districts.
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Sec. 620.3. Class II Special Permit.
620.3.1. When required.
A Class II Special Permit shall be required prior to the
approval of any permit (except special permits, pursuant to
Article 13) for properties within the boundaries of the 69
-2-G SD -20.1 Overlay District which have frontage on Biscayne
Boulevard for the following:
1. Any alteration affecting the height, bulk, location or
exterior configuration of any existing building;
2. The construction of any new building; and
3. Exterior improvements, including but not limited, to:
fences, walls, decorative building features, landscaping
devices, pavement treatments, color, parking, driveway
or signage visible from the public right-of-way.
Sec. 620.4. Limitations on uses in the SD -20 Overla
Permitted principal uses and structures.
Principal uses and structures are as permitted generally or
conditionally by special permit in the underlying district,
except the following uses shall not be permitted:
1. Community based residential facilities.
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2. Unenclosed storage of wrecked vehicles
3. Ambulance service.
4. Public health or social service facilities.
5. Hiring hall or Labor pools_
6. Rescue Missions.
7. Automobile service stations.
8. Automated or by -hand automobile wash facility as a stand
alone facility; however, automobile wash facilities shall
be permissible as an accessory use to a State of Florida
licensed franchised new motor vehicle dealer whose
remises, including lots and appurtenant structures,
exceed 30,000 square feet in area.
Conditional principal uses.
Same as for the underlying district with the same
limitations contained in section 620.4 above; and in
1. Retail establishments operating from the hours of
midnight to 6:00 a.m. only by Special Exception.
2. Veterinarian Clinic by Special Exception.
3. Parking lots by Special Exception, except along
properties fronting on Biscayne Boulevard in which case
such use shall be prohibited.
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4. Parking garages, by Special Exception except that along
Biscayne Boulevard, such garages shall be visually
screened from the Boulevard on the ground floor by being
lined with retail, restaurant or service uses that
comply with the design standards as specified for
primary pedestrian pathways. There shall be no vehicular
access to such facilities directly from Biscayne
Boulevard when access from other public rights-of-way is
available.
5. Bars, saloons and taverns, supper clubs and nightclubs,
including those with dancing and live entertainment open
to the general public by Special Exception.
6. Brewerv-restaurants as defined in section 2502 by Class
II Special Permit. Brewinq activities shall only be
conducted as an accessory use to the restaurant. All
sales of beer and wine must be consumed on the premises
and always in conjunction with a meal. Issues to be
considered during the Class II Special Permit process
are: the precise area and location of the brewi
operation; annual beer production; hours of operation;
parking provisions; control of emissions and discharges;
exterior lighting; landscaping and signs.
7. Drive-through facilities for ATM/financial institutions,
by Class II Special Permit, provided that there shall be
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no vehicular access to such facilities directly from
Biscayne Boulevard as a primary pedestrian pathway.
Permitted accessory uses.
Same as for the underlyinq district with the limitations
contained in section 620.4.
Uses and structures which are customarily accessory and
incidental to permitted principal uses and structures,
approved in the same special permit proceedings, and
initiated or completed within any time limits established
nerally or in relation to the special permit, shall be
ermitted subject to limitations established by these or
generally applicable regulations.
The following special limitations or exceptions shall apply
to accessory uses and structures in this district.
1. No above -ground off-street parking or loading area shall
be permitted between any front portion of a building and
the front line of a lot adjoining any street; provided,
however that off-street parking for bicycles may be
permitted in such areas, subject to limitations and
irements as to location, design and number
established in connection with special permits.
Page 8 of 19 12 415
2. There shall be no vehicular access to parking or loading
areas directly from Biscayne Boulevard as a primary
pedestrian pathway where access is reasonably feasible
from a non -designated pedestrian street.
3. Except for the following, all activities shall be
conducted within completely enclosed buildings:
a. Outdoor dining and drinking establishments;
b. Arts and crafts exhibits;
C. Sales of flowers and plants;
d. Automobile and motor vehicle sales and display by
a State of Florida licensed franchised new motor
vehicle dealer whose premises, including lots and
appurtenant structures, exceed 30,000 square feet
in area; and
e. Other uses as authorized by special permit.
4. Where outdoor areas, including the public right-of-way,
are regularly used for display and sales, or as dining
areas, including areas under awnings, which are used for
dining, and/or other commercial activities, the area so
used shall be calculated as part of the establishment's
total floor area and shall comply with off-street
parking requirements; except for such outdoor areas used
in conjunction with automobile and motor vehicle sales
and disulay. Permit fees for sidewalk cafes shall be as
Page 9 of 19 12 415
rescribed by section 54-111 of the Code of the City of
Miami.
5. Automated or by -hand automobile wash facility only as an
accessory use to a State of Florida licensed franchised
new motor vehicle dealer whose premises, including lots
and appurtenant structures, exceed 30,000 square feet in
area.
Conditional accessory uses.
Same as for the underlying district with the limitations
contained in section 620.4, and including the following:
Outdoor photography, film production and associated stage
sets only in conjunction with photographers studios, and
only by Class II Special Permit.
Sec. 620.5. Limitations on uses in the SD -20.1 Overla
District.
Permitted principal uses and structures.
Principal uses and structures are as permitted generally or
conditionally by special permit in the underlying district,
except the following uses shall not be permitted:
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1. Convalescent homes, nursing homes, adult and child
daycare facilities, institutions for the aged or infirm,
foster homes, group homes and orphanages.
2. Community based residential facilities.
3. Private clubs, lodges, fraternities and sororities
operated for profit.
4. Coin laundry operations.
5. Clinics, medical or dental.
6. Mortuaries and funeral homes.
7. Unenclosed sales of new or used cars except as permitted
below for automobile and motor vehicle sales and display
by a State of Florida licensed franchised new motor
vehicle dealer whose premises, including lots and
appurtenant structures, exceed 30,000 square feet in
area.
S. Automotive service and repairs except as accessory to
automobile and motor vehicle sales and display by a
State of Florida licensed franchised new motor vehicle
dealer whose premises, including lots and appurtenant
structures, exceed 30,000 square feet in area.
9. Storage of wrecked vehicles.
10. Driving school agencies.
11. Ambulance service.
12. Sewing shops.
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13. Storage facilities, public or private, including such
uses commonly referred to as "mini -storage, self -
storage or mini -warehouse" facilities.
14. Vehicle rental and/or leasing facilities except as
accessory for automobile and motor vehicle sales and
display by a State of Florida licensed franchised new
motor vehicle dealer whose premises, including lots and
appurtenant structures, exceed 30,000 square feet in
area.
15. Pawn shops or equipment rental facilities.
16. Aluminum recycling machines.
17. Wholesaling or jobbing.
18. Public health or social service facilities.
19. Hiring Hall or Labor pools.
20. Discount membership merchandisers.
21. Automobile service stations.
22. Automated or by -hand automobile wash facility except as
accessory for automobile and motor vehicle sales and
display by a State of Florida licensed franchised new
motor vehicle dealer whose premises, including lots and
appurtenant structures, exceed 30,000 square feet in
area.
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Conditional principal uses.
Same as for the underlying district with the same
limitations contained in section 620.4 above; and in
addition:
1. Retail establishments operating from the hours of
midnight to 6:00 a.m. only by Special Exception.
2. Veterinarian Clinic by Special Exception.
3. Parking lots by Special Exception, except along
properties fronting on Biscayne Boulevard in which case
such use shall be prohibited.
4. Parking garages, by Special Exception except that along
Biscayne Boulevard, such garages shall be visually
screened from the Boulevard on the ground floor by being
lined with retail, restaurant or service uses that
comply with the design standards as specified for
primary pedestrian pathways. There shall be no vehicular
access to such facilities directly from Biscayne
Boulevard when access from other public rights-of-way is
available.
5. Bars, saloons and taverns, supper clubs and nightclubs,
including those with dancing and live entertainment open
to the general public by Special Exception.
6. Brewery -restaurants as defined in section 2502 by Class
II Special Permit. Brewing activities shall only be
conducted as an accessory use to the restaurant. All
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sales of beer and wine must be consumed on the premises
and always in conjunction with a meal. Issues to be
considered during the Class II Special Permit process
are: the precise area and location of the brewi
eration: annual beer production: hours of operation:
parking provisions: control of emissions and discharges;
exterior lighting; landscaping and signs.
7. Sale of new or used vehicles by Special Exception; such
uses shall be from enclosed structures for portions of
the property fronting on Biscayne Boulevard; vehicles
for sale may be located on the rear portions of the
subject property without having to be in enclosed
structures, however, they must remain out of view from
Biscayne Boulevard; specifically excepted from this
reauirement are automobile and motor vehicle sales and
display by a State of Florida licensed franchised new
motor vehicle dealer whose premises, including lots and
appurtenant structures, exceed 30,000 square feet in
area and were existing as of January 1, 2003.
8. Drive-through facilities for ATM/financial institutions,
by Class II Special Permit, provided that there shall be
no vehicular access to such facilities directly from
Biscayne Boulevard as a primary pedestrian pathway. The
drive-through component of such facilities shall not be
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located on the side of property facing Biscayne
Boulevard.
Permitted accessory uses.
Same as for the underlyinq district with the limitations
contained in section 620.4.Uses and structures which are
customarily accessory and incidentals to permitted principal
uses and structures, approved in the same special permit
proceedings, and initiated or completed within any time
limits established generally or in relation to the special
rmit, shall be permitted subject to limitations
established by these or generally applicable regulations.
The following special limitations or exceptions shall apply
to accessory uses and structures in this district.
1. No aboveground off-street parking or loading area shall
be permitted between any front portion of a building and
the front line of a lot adjoining any street; provided,
however that off-street parking for bicycles may be
permitted in such areas, subject to limitations and
requirements as to location, design and number
established in connection with special permits.
2. There shall be no vehicular access to parking or loadi
areas directly from Biscayne Boulevard as a prima
Page 15 of 19 12 415
pedestrian pathway where access is reasonably feasible
from a non -designated pedestrian street.
3. Except for the following, all activities shall be
conducted within completely enclosed buildings:
a. Outdoor dining and drinking establishments;
b. Arts and crafts exhibits;
C. Sales of flowers and plants;
d. Automobile and motor vehicle sales and display by a
State of Florida licensed franchised new motor
vehicle dealer whose premises, including lots and
appurtenant structures, exceed 30,000 square feet in
area; and
e. Other uses only as authorized by special permit.
4. Where outdoor areas, including the public right-of-way,
are regularly used for display and sales, or as dining
areas, including areas under awnings, which are used for
dining, and/or other commercial activities, the area so
used shall be calculated as part of the establishment's
total floor area and shall comply with off-street
parking requirements; except for such outdoor areas used
in conjunction with automobile and motor vehicle sales
and display. Permit fees for sidewalk cafes shall be as
escribed by section 54-111 of the Code of the City of
Miami.
Page 16 of 19 12415
5. Automated or by -hand automobile wash facility and/or a
vehicle rental facility, only as an accessory use to a
State of Florida licensed franchised new motor vehicle
dealer whose premises, including lots and appurtenant
structures, exceed 30,000 square feet in area.
Conditional accessory uses. Same as for the underlyi
district with the limitations contained in section
620.4, and including the following: Outdoor photography,
film production and associated stage sets only in
conjunction with photographers studios, and only by
Class II Special Permit.
Secs. 620.6 - 620.7 Reserved
Sec. 620.8. Limitations on signs. See Article 10 for
Sign Regulations: and limitations.
ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 946. Public storage facilities.
While Public Storage facilities are permissible conditional
principal uses in C-1 Restricted Commercial Zoning Districts
(pursuant to a Special Exception Permit), for the purposes
of these zoning regulations, Public Storage facilities shall
not be carried over as permissible uses, and shall be
prohibited in the following Special Zoning Districts that go
to C-1 for other generally permissible uses:
Page 17 of 19 12415
SD -1 Martin Luther King Boulevard Commercial District;
SD -2 Coconut Grove Central Commercial District;
SD -3 Coconut Grove Major Streets Overlay District;
SD -8 Miami Design District;
SD -9 Biscayne Boulevard North Overlay District;
SD -11 Coconut Grove Rapid Transit District;
SD -14, 14.1 Latin Quarter Commercial -Residential
Residential Districts;
SD -20 Edgewater Overlay District;
SD 20.1 Biscayne Boulevard Edgewater Overlay District;
SD -23 Coral Way Special Overlay District; and
SD -25 Southwest 8th Street Special Overlay District.
and
Section 3. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of section,
paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance
shall not be affected.
Section 5. This Ordinance shall become effective
thirty (30) days after final reading and adoption.
PASSED ON FIRST READING BY TITLE ONLY this 17th day
of July , 2003.
Page 18 of 19 -1241 �
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 25th day of September , 2003.
ATTEST:
fie
PRISCILLA A. THOMPSON
CITY CLERK
TO Fri AND CORRECTNESS A40
XEJANDRO VIL.
CITY ATTORNEY
W1462:GKW:et
UEL A. DIAZ, MAY
Page 19 of 19 12415
ITEM PZ 13
SECOND READING
PLANNING FACT SHEET
APPLICANT Planning and Zoning Department
HEARING DATE May 21, 2b03
REQUEST/LOCATION Amendment to Articles 6 and 9 of Zoning Ordinance
11000.
LEGAL DESCRIPTION Complete legal description on file at the Department of
Hearing Boards.
PETITION Consideration of amending Ordinance No. 11000, as
amended, the Zoning Ordinance of the City Of Miami, by
amending Article 6, Section 620, SD -20 Edgewater
Overlay District; in order to create the SD -20.1 Biscayne
Boulevard Edgewater Overlay District; add to the Intent
Statement, create Special District Requirements and
limitations on uses, and to require Class II Special
Permits for certain exterior work; and by amending Article
9, Section 946, Public Storage Facilities, to add the new
SD -20.1 to the list of districts in which Public Storage
Facilities are prohibited.
PLANNING
RECOMMENDATION Approval.
BACKGROUND
AND ANALYSIS The proposed amendment is in order to establish a new
SD -20.1 to specifically address the portion of Biscayne
Boulevard that runs from NE 171h Terrace to 36th Street.
This amendment establishes use limitations that prohibit
uses allowed in the underlying district, or modifies such
uses, in order to preserve the character of Biscayne
Boulevard. Such use limitations and design criteria will
allow for appropriate development activity on Biscayne
Boulevard.
PLANNING ADVISORY BOARD Recommended approval to VOTE: 8-0
City Commission.
CITY COMMISSION Passed First Reading on
July 17, 2003.
APPLICATION NUMBER 2003-023 Item #9
CITY OF MIAMI - PLANNING AND ZONING DEPARTMENT
444 SW 2N0 AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 9/15/2003 Page 1
1241
RESOLUTION PAB - 30-03
A RESOLUTION RECOMMENDING APPROVAL OF A
CONSIDERATION OF AN ORDINANCE AMENDING ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, BY AMENDING ARTICLE 6, SECTION 620, SD -20 EDGEWATER
OVERLAY DISTRICT, IN ORDER TO CREATE THE SD -20.1 BISCAYNE
BOULEVARD EDGEWATER OVERLAY DISTRICT; ADD TO THE
INTENT STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS
AND LIMITATIONS ON USES, AND TO REQUIRE CLASS II SPECIAL
PERMITS FOR CERTAIN EXTERIOR WORK; AND BY AMENDING
ARTICLE 9, SECTION 946, PUBLIC STORAGE FACILITIES, TO ADD
THE NEW SD -20.1 TO THE LIST OF DISTRICTS IN WHICH PUBLIC
STORAGE FACILITIES ARE PROHIBITED.
HEARING DATE: May 21, 2003
ITEM NO.: 9
VOTE: 8-0
ATTEST- 141''el T-- IZ6 - — '/ ��/3�' *" A 4 1 1 * 17,4,
GeIabert-Sa-ncYez-'-Qffi6or
Planning and Zoning Department
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