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HomeMy WebLinkAboutO-12115J-01-587 07/17/01 12115 ORDINANCE NO. i AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6 TO CREATE SECTION 623, THE CORAL WAY SPECIAL OVERLAY DISTRICT, ADD AN INTENT STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES, AND TO REQUIRE CLASS II SPECIAL PERMITS FOR EXTERIOR WORK; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; -AND PROVIDING FOR AN EFFECTIVE'DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. 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. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 623. SD -23 Coral Way Special Overlay District. 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. 12 .15" Sec. 623.1. Intent SD -23. Mature banyan trees .growing in the median and arching over the roadways on either side characterize the Coral Way corridor. This creates a "green tunnel" effect that is widely admired for its softening of this four - lane divided roadway. Coral Way is designated as a historic roadway by the State of Florida, and cannot be significantly modified or widened without findings of special exception and concurrence by the City of Miami. This designation is largely responsible for the continuing existence of the banyan trees, and can provide a basis for further enhancement and beautification of the roadway. Coral Way is a very diverse urban corridor containing a combination of one and two story residential developments, office developments of one and two stories and up to ten stories, and predominantly one story retail and service establishments. There are numerous instances of different land uses occurring on opposite sides of the corridor. I This unique blend of retail, office and residential uses marks Coral Way as a special urban neighborhood with a great deal of pedestrian activitv. It is the intent of this special district to preserve the character of certain sections of Coral Way within the city, from downtown to the city limits at SW 37 Avenue. Coral Way is a gateway into the city and should be preserved and enhanced in a manner befitting this designation. To this end, the purpose of this special district overlay is to ensure that future development and redevelopment activity respects this character and complements the scale and variety of uses along the Coral Wav corridor. Sec. 623.2. Effect of SD -23 district designation. The effects of these SD -23 regulations shall be to modify regulations within portions of other zoning districts included within the SD boundaries to the extent indicated herein. Page 2 of 10 1 • 0 Sec. 623.3. Class II Special Permit. 623.3.1. Requirements. A Class II Special Permit shall be required prior to approval of any permit (except special permits pursuant to article 13) affecting the height, bulk, location or exterior configuration of any existing building; or for the erection of any new building; exterior demolition permits; or for the location, relocation or alteration of any structure, parking area or vehicular way visible from a public street. 623.3.2. Consideration in making Class II Special Permit determinations. The purpose of the Class II Special Permit shall be to ensure conformity of the application with the expressed intent of this district, with the general considerations listed in section 1305, and with the special considerations listed below. In making determinations concerning construction of new principal buildings or substantial exterior alterations of existing principal buildings, the director of the planning, building and zoning department may obtain the recommendation of the Urban Development Review Board and consider applicable City of Miami design standards and guidelines. (1) Along Coral way, the pedestrian open space at the ground floor frontage shall be so designed, improved and located to provide an attractively landscaped appearance that compliments the existing banyan trees and its gateway role. (2) Offstreet parking shall not be placed in required yards or required open space adjacent to Coral way, .and vehicular entrances shall be discouraged along Coral way when access from other public rights-of-way is available; depending on the nature of the proposed use. (3) Interim landscape., Prior to demolition and removal of existing structures, pavement and/or vegetation from a development site, the owner or developer shall be required to obtain all demolition approvals and tree removal permits as necessary. The zoning official may Page 3 of 10 12115 0 0 require as a condition of approval for a demolition permit, that sites of demolition shall not be left in a barren., undeveloped state without commencement of vertical construction or revegetation within sixty (60) days of clearing. Revegetation shall include sodding with grasses or other ground cover to prevent soil erosion and blowing of airborne particulate matters and debris. Owner will be reauired to maintain the landscape. 623.3.3. Limitation of use of chain link fence. Chain link fence shall not be placed in required open space adjacent to Coral Way unless it is of a temporary nature to secure an unsafe structure prior to demolition or has been visually screened with landscape material. Sec. 623.4. 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. Community based residential facilities. 2. Private clubs, lodges, fraternities and sororities operated for profit. 3. Coin laundry operations. 4. Pool halls, billiard parlors, and game rooms. 5. Used -automobile dealerships. 6. Ambulance service. 7. Sewing ships. 8. Hiring halls or labor pools. 9. Discount membership merchandisers. 10. Vehicle rental facilities. Page 4 of 10 12119 ® 0 11. Aluminum recycling machines. Sec. 623.5. Conditional principal uses. Same as for the underlying district with the limitations contained in section 623.4, and in addition, for the C-1 district onlv: 1. Convalescent homes, nursing homes, institutions for the aged or infirmed, foster homes, group homes and orphanages by Class II Special Permit, and only where the ground floor frontage along Coral Way is designed with an active, pedestrian oriented space that does not diminish pedestrian activity, including lobbies. 2. Commercial parking lots only by Special Exception, and only when designed to diminish the visual appearance of cars from Coral Way. 3. New automobile sales, by Special Exception only, and only when located within a completely enclosed showroom structure fronting along Coral Way. 4. Automotive service stations, automotive repairs and car wash facilities only by Special Exception. 5. Public storage facilities only by Special Exception, and only when situated on the site - in a location other than the ground floor frontage of. Coral Way, and in conjunction with a ground floor Coral Way frontage use and design, that promotes active, friendly pedestrian activity. 6. Retail establishments •operating from the hours of midnight to 6:00 a.m. only by Special Exception. 7. Clinics, medical or dental as follows: if under five thousand (5,000) square feet in area, by Class II Special Permit only; if over five thousand (5,000) square feet, by Special Exception Permit onlv. Page 5 of 10 E, 8. Hotels, residence hotels, motels, tourist homes, lodging houses, single room occupancy facilities, guest homes and other transitory residential uses generally not evidenced by a leasehold transaction, by Special Exception Permit onlv. Sec. 623.6. Principal accessory uses. Same as for the underlying district with the limitations contained in section 623.4. Sec. 623.7. Conditional accessory uses. Same as for the underlying district with the limitations contained in section 623.4, and including the following: 1. A. Where the underlying district is O Office, photographic studios, outdoor photography and associated stage sets, only in conjunction with photographers offices, and only by Class II Special Permit; B. Where the underlying district is C-1, Restricted Commercial, outdoor photography and associated stage sets only in conjunction with photographers, studios, and only by Class II Special Permit. 2. Used automobile sales and. vehicle rental, only as accessory uses to new automobile dealerships within enclosed structures, and only when located on the site in a location other than the around floor frontage of Coral Way. Sec. 623.8. Limitations on signs. Sign limitations shall be as for the underlyi districts, except as provided below: 623.8.1. General limitations. Page 6 of 10 211 � 623.8.1.1. Signs more than fifteen (_15) feet above grade. (a) Signs more than fifteen (15) feet above grade, but less than fifty (50) feet above grade. Signs erected with their lowest portions more than fifteen (15) feet above grade shall be limited to those identifying the building and the nature of the establishments it contains. Except as provided below, only one (1) such sign, not exceeding fifty (50) square feet in area for every one hundred (100) feet of length of building wall oriented toward the street, shall be permitted. In addition to the Class II Special Permit required for such signs, referral to the Urban Development Review Board shall be mandatory for signs fifteen (15) feet above grade that exceed the allowable fifty (50) square feet of sign area. Area of such signs shall in no case exceed 1.5 square feet for each lineal foot of building wall frontage on a street. (b) Signs more than fifty (50) feet above grade. Signs erected with their lowest portions more than fifty (50) feet above grade shall be regulated generally by the limitations of section 926.16 of this zoning ordinance (including the criteria stated therein) except for the limitations on the sizes of the letters which shall be as follows: 1. Letters of signs on buildings with a height of one hundred (100) feet or more shall be permitted up to a height of eight (8) feet; and 2. Letters of signs on buildings with a height of one hundred fifty (15 0 ) feet or more shall be permitted up to a height of ten (10) feet. In addition to the Class II Special Permit required for such signs, referral to the Urban Development Review Board shall be mandatorv. 623.8.1.2. Signs fifteen (15) feet or less above grade; limitations on number and area. Wall signs (not including signs in glassed areas of windows or doors) and projecting signs erected with their highest portion fifteen (15) feet or less above grade shall be limited to one (1) square foot of sign area for each lineal foot of wall frontage on a street, except as otherwise specifically provided herein (see Page 7 of 10 �61 r_- section 623.8.2). Signs in glassed areas of windows and doors shall not exceed twenty percent (20%) of the glassed area of the window or door involved. 623.8.1.3. Prohibited signs. Billboards, poster panels, balloon signs, ground or freestanding signs and other outdoor advertising. signs shall be prohibited in this district. Other offsite signs shall be prohibited except for temporary civic and political campaign signs or except when signs are posted on community or neighborhood bulletin boards or kiosks, in accordance with limitations and regulations relating thereto at section 925.3.10 and those in special permits proceedings on particular community or neiahborhood bulletin boards or kiosks. 623.8.2. Detailed limitations, wall signs, projecting signs, window signs. 623.8.2.1. Within the maximum allowable sign area, at or below fifteen (15) feet above grade (as calculated 623.8.1.2.), the following limitations shall apply to number and area of signs: Not more than one (1) wall, sign may be erected per establishment unless the establishment has frontage along two (2) streets, in which case two (2) wall signs shall be permitted, one (1) on each wall fronting a street, and the maximum area of any such sign shall be limited to one (1) square foot of sign area for each lineal foot of wall fronting on the street upon which that wall faces. Not more than one (1). projecting sign, other than a marquee sign, shall be erected, with not to exceed two (2) surfaces, neither of which shall exceed twenty-five (25) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Marquee signs shall be limited to one (1) per establishment and three (3) square feet in sign area. 623.8.3. Directional signs, number and area. Directional signs, which may be combined with address signs, but shall bear no advertising matter, may be erected to guide entrances, exits or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit or parking area. Page 8 of 10- �'� 0 0 623.8.4. Compliance; time limitations for existing nonconforming signage. All nonresidential establishments located within the SD -23 District must come into compliance with the signage requirements herein, as they relate to the permitted number of signs, no later than December 31, 2002. Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof .21 PASSED ON FIRST READING BY TITLE ONLY this 26th day of July , 2001. 2/ 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 9 of 10 2 1 1 �� 0 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of September 2001. JOE CAROLLO, MAYOR ^ In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated p!ac provided, said legislation nVN becomes effective with the elapse of ten (10) days f I trio: k- of Comm! n n�rivn regarding same, without the Mayor ercis' . 4Wter ATTEST: QJe, , City Clerk WALTER J. FOEMAN CITY CLERK A`'`L DW VILARELLO CI AT-TORNEY 109GMM:dd:BSS AND CORRECTNESS Page 10 of 10 194115 -�� PZ -5 SECOND READING APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PLANNING FACT SHEET Department of Planning and Zoning. May 22, 2001 Consideration of amending Article 6 of Zoning Ordinance 11000. N/A. PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by amending Article 6, to establish a new Section 623 entitled Coral Way Special Overlay District, to add an intent statement, create special district requirements and limitations on uses, and to require Class 11 Special Permits for exterior work. PLANNING RECOMMENDATION Approval. BACKGROUND AND . ANALYSIS The proposed amendment is in order to establish a special district overlay along Coral Way from downtown to the City limits at SW 37h Avenue. This ordinance will require design review for all development activity visible from the street along Coral Way.. It will enact minimum design standards and prohibit certain incompatible uses. It will further amend the sign ordinance to reduce the overall clutter of signage along Coral Way. PLANNING ADVISORY BOARD Approval with conditions VOTE: 6-1 CITY COMMISSION Passed First Reading on July 26, 2001. APPLICATION NUMBER 01-020 Item #1 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Uate: b/14/ZU01 Page 1 12115 RESOLUTION PAB -45-01 A RESOLUTION RECOMMENDING APPROVAL WITH CONDITIONS REGARDING PERMISSIBLE USES AS INCORPORATED IN THE FINAL LEGISLATION OF A CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, TO ESTABLISH A NEW SECTION 623 ENTITLED "CORAL WAY SPECIAL OVERLAY DISTRICT", TO ADD AN INTENT STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES, AND TO REQUIRE CLASS II SPECIAL PERMITS FOR EXTERIOR WORK. 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