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Home My WebLink AboutO-12034J-01-88 03/29/01 12034 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 609 TO MODIFY PROVISIONS REGARDING PERMISSIBLE USES WITHIN THE SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT IN ORDER TO ELIMINATE INCOMPATIBLE USES; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of January 17, 2001, Item No. 9 following an advertised hearing, adopted Resolution No. PAB 09-01, by a vote of six to zero (6-0), 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 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. 1203 • Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby further amended in the following particulars:-'/ ARTICLE 6. SPECIAL DISTRICTS GENERAL PROVISIONS. Sec. 609. SD -9 Biscayne Boulevard North Overlay District. Sec. 609.4. 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. Bars, saloons and taverns. 2. Convalescent homes, nursing homes, institutions for the aged or infirm, foster homes, group homes and orphanages. 3. Hotels, residence hotels, motels, tourist homes, lodginghouses, single room occupancy facilities, guest homes and other transitory residential uses generally not evidenced by a leasehold transaction. 4. Community based residential facilities. 5. Private clubs, lodges, fraternities and sororities operated for profit. 6. Coin laundry operations. 7. Clinics, medical or dental. 8. Pool halls, billiard parlors, and game rooms. 9. Mortuaries and funeral homes. 10. Used car sales, enclosed or unenclosed. 11. Unenclosed sales of new cars. 12. Automotive service and repairs. 13. Ambulance service. 14. Sewing shops. 15. Hiring halls or labor pools. 16. Discount membership merchandisers. 17. Public storage facilities. 18. Vehicle rental facilities. 19. Aluminum recvclina machines. /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 Page 2 of 4 Sec. 609.5. Conditional principal uses Same as for the underlying district with the limitations contained in section 609.4; and in addition, for the C-1 district only: 1. Commercial parking lots only by special exception, and only when designed to diminish the visual appearance of cars from Biscayne Boulevard. i. Au:�efRetiv= seL=v±teatiens and e,}r washes nly by speeial ---= ptie-_ cl -3- 2. Retail establishments operating from the hours of midnight to 6:00 a.m. only by Special Exception. Sec. 609.6. Principal accessory uses. Same as for the underlying district with the limitations contained in section 609.4. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby 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 the final reading and adoption thereof. 21 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 3 of 4 12034 0 PASSED ON FIRST READING BY TITLE ONLY this 29th day of March 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of 2001. JOE CAROLLO, MAYOR In accordance with Miami Cods Sec. 2-36, since'the rvilayor did not indicate approval of this legislation by signing it in UFK) designiAted place ovided, said !eg;s!a4'i*n nov-i becomes effective with the elapsa of ten (10)s fr n tho 0'ri M lx regarding same, without the Mayor, q<,erci?fng a a) ATTEST: WALTER J. FOEMAN CITY CLERK LEJANDRO VILARELLO ITY ATTORNEY W1011:ais4`MA13SS:dd Page 4 of 4 J. FoeruNhWitv Clerk x.'0,34 i� PZ -24 SECOND READING PLANNING FACT SHEET APPLICANT City of Miami Planning and Zoning Department. HEARING DATE . January 17, 2001. REQUEST/LOCATION Amendments to Article 6, Section 609 of Zoning Ordinance 11000. LEGAL DESCRIPTION N/A PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida by amending Article 6, Section 609 in order to modify provisions related to permissible uses to eliminate certain incompatible uses within the SD -9 Biscayne Boulevard North Overlay District PLANNING RECOMMENDATION Approval. BACKGROUND AND This amendment is being proposed in order to eliminate ANALYSIS certain incompatible uses within the SD -9 Biscayne Boulevard North Overlay District. The SD -9 District refers to the C-1 Zoning District in permissible uses, with the exception of certain uses which are specifically prohibited. Since the adoption of the SD -9 District, the C-1 District has been amended to include a variety of new uses which are not compatible with the intent of the SD -9 District. This amendment will include those incompatible uses in the list of prohibited uses, thereby protecting the Boulevard from the encroachment of incompatible uses. This will promote quality redevelopment efforts on Biscayne Boulevard. PLANNING ADVISORY BOARD Approval VOTE: 6-0 CITY COMMISSION Passed First Reading on February 22, 2001. APPLICATION NUMBER 00-078 Item #9 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 1 RESOLUTION PAB -09-01 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 609, IN ORDER TO MODIFY THE PROVISIONS RELATED TO PERMISSIBLE USES TO ELIMINATE CERTAIN INCOMPATIBLE USES WITHIN THE SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT. HEARING DATE: January 17, 2001 ITEM NO. 9 VOTE: 6-0 r ATTEST: � Aiia/Gelabert-Sanchez, Mcto Planning and Zoning Department 12034