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Home My WebLink AboutO-12117J-01-589 07/17/01 12117 ORDINANCE NO. 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, SECTION 625, TO CREATE THE SOUTHWEST 8TH STREET 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; MAKING FINDINGS; CONTAINING . A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of May 22, 2001, Item No. 3, following an advertised hearing, adopted Resolution No. PAB 47-01 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL, with conditions, of amending Zoning Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting of May 22, 2001, recommended'_ several modifications which have been incorporated herein; and WHEREAS, the recommendation of the Miami Planning Advisory Board that "Expansion of nonconforming car dealerships" be defined as "expansion beyond the existing, property boundaries", has not been incorporated herein as the Department of Planning and Zoning has not concurred in such definition and recommends that said modification not be incorporated;.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 i 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. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 625. SD -25 SW 8th Street Special Overlay District. Sec. 625.1. Intent SD -25. 1� 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 10 -- • 0 It is the intent of this special district to preserve the character of certain sections of SW 8th Street within the city, from downtown to SW 27 Avenue. SW 8th Street is a gateway into the city with a distinctive urban character and should be preserved and enhanced in a manner befitting this role. To this end, the purpose of this special district overlay' is to ensure that future development and redevelopment activity respects. this character and compliments the scale and variety of uses along the SW 8th Street corridor. Sec. 625.2. Effect of SD -25 district designation. The effects of these SD -25 regulations shall be to modify regulations within portions of other zoning districts included within the SD boundaries to the extent indicated herein. Sec. 625.3. Class II Special Permit. 625..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 wav visible from a public street. 625.3.2. 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 Department of Planning and Zoning may obtain the recommendation of the Urban Development Review Board and consider applicable City of Miami design standards and guidelines. Page 3 of 10 12 1 17 (1) Along SW 8th Street, the pedestrian open space at the ground floor frontage shall be so designed, improved and located to provide .an attractively landscaped appearance which complements the existing urban character. (2) Offstreet parking shall not be placed in required yards or required open space adjacent to SW 8th Street, and vehicular entrances shall be discouraged along SW 8th Street 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 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 shall be required to maintain the landscape. 625.3.3. Limitation of use of chain link fence. Chain link fence shall not be placed in required open space adjacent to SW 8th Street unless it is of a temporary nature to secure an unsafe structure prior to demolition or has been visually screened with landscape material. Sec. 625.4. 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. Page'4 of 10 -121.17 217 • 0 2. Private clubs, lodges, fraternities and sororities operated for profit. 3. Pool halls, billiard parlors, and game rooms. 4. Used automobile dealerships. 5. Ambulance service. 6. Hiring halls or labor pools. 7. Discount membership merchandisers. 8. Vehicle rental facilities. 9. Aluminum recycling machines. Sec. 625.5. Conditional principal uses. Same as for the underlying district with the limitations contained in section 625.4, and in addition. for the C-1 district onlv:. 1. Convalescent homes, nursing homes, institutions for the aged or infirm, foster homes, group homes and orphanages by Class II Special Permit, and only where the ground floor frontage along S.W. 8 tT Street 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 SW 8 Street. 3. New automobile sales, by Special Exception only, and only when located within a completely enclosed showroom structure fronting along SW 8rn Street. 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 SW 8 Street, and in conjunction a ground floor Page 5 of 10 .2117 Southwest 8th Street 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. Coin laundry operations. by Class II Special Permit and only where the ,ground floor frontage along Southwest 8,--n Street is designed with an active, pedestrian oriented space that does not diminish pedestrian activity. 8. Sewing shops, by Class II Special Permit and only where the ground floor frontage along S.W. 8"` Street is designed with an active, pedestrian oriented space that does not -diminish pedestrian activity, including retail sales of some kind associated to the sewing shop. 9. 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. 10. 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 only. Sec. 625.6. Principal accessory uses. Same as for the underlying district with the limitations contained in section 625.4. Sec. 625.7. Conditional accessory uses. Same as for the underlying district with the limitations contained in section 625.4. and in a ci ci i t- i nn - 1. 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 ground floor,, frontage of S.W. 8,-n Street. Page 6 of 10 � !2 117 Sec. 625.8.. Limitations on signs. SiQn limitations shall be as for the underlvi districts, except as provided below: 625.8.1. General limitations. 625.8.1.1. 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 ( 5 0 ) square feet in area for every one hundred fifty (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 sign, referral to the Urban Development Review Board shall be mandatorv. Page 7 of 10. 14 117 625.8.1.2. 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 section 625.8.2). Signs in glassed areas of windows and doors shall not exceed twenty (20) percent of the glassed area of the window or door involved. 625.8.1.3. 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 neighborhood bulletin boards or kiosks. 625.8.2. Detailed limitations, wall signs, projecting signs, window signs. 625.8.2.1. Within the maximum allowable sign area, at or below fifteen (15) feet above grade (as calculated 625.8.1.2.), 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 frontinq 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. Page 8 of 10 12117 E 625.8.3. 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. 625.8.4. Compliance; time limitations for existing nonconforming signage. All nonresidential establishments located -within the SD -25 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 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 thereof.�11 ai 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 1211 PASSED ON FIRST READING BY TITLE ONLY this 26th day of July 2001. PASSED AND ADOPTED ON SECOND AND FINAL,READING BY TITLE ONLY this 25th day of September 2001. JOE CAROLLO�, MAYOR In, S—rA9*nce with Miami Code Sec. 2-36, since, the Mayor did not indicate approval of 41v, legislation by signing it in the desigmated plai 11 provide said ncnvi bewmes effective with the elapse of len (10) m th3 Me o C inimls!- �.cdon regarding same, without the Mayor erci-', 0. ATTEST: Wait r J. a City Clerk WALTER J. FOEMAN CITY CLERK APPROVI;RA/TV FO�AND CORRECTNESS& 74gO-VILARELLO C ATTORNEY W1099NMI:dd:BSS Page 10 of 10 1 12.) 1 Mrs. John Emack .Duvall 1900 Secoffee Street, Miami, Florida 33133-3211 21 May 2001 City of Miami Planning and Zoning Department 444 S. W. 2n4 Ave, Third Floor Miami, Florida 33130 Att: Ms. Lourdes Slazyk Fax # 305-416-2156 Dear Ms. Slazyk, This letter is a follow up to our conversation on Friday May 181' regarding the Section 625 Overlay for SW a Street, and in particular, the corner of a Street and 22nd Avenue. My husband and 1 have owned property on a Street for more than fifty years and for thirty—six years operated a retail hardware store at 2234 S. W. 8'" Street. I mention this so you will know that we are well acquainted with the area and have reason to be concerned about the appearance and quality of the business in this neighborhood.. We have always tried to cooperate with city plans and many years ago converted the facades of our property to conform to the Latin Quarter appearance. Even though our property near 22nd Avenue is not in the SDI designation we followed the City of Miami guidelines in renovating this property. The current overlay plan does not specify what distinctive character you plan for 8th. Street; many buildings outside SDI 4, already have a Latin fagade, hopefully this distinction may continue to dominate and unify the S. W. 8h Street corridor to Miami. My concern is placing the overlay on property facing 22nd Avenue, adjacent to a Street, on the south side. I notice this is the only cross avenue on the map, where the property is included all the way to Ninth Street. This property fronting 22nd Avenue is already stifled with a C I designation. After 22nd Avenue was widened, parking lost and the sidewalk diminished, most retail outlets have gone out of business. On Lots 4 and 5 the store has been vacant and boarded for years, a detriment to the neighborhood. The tenants in the corner building have some parking on 0 Street; however, they suffer for lack of customers. Their rent has been in arrears for years. The Section 625 Overlay should not include lots # 4,5,6,7,8,9, Block 1, Bryan Park Subdivision. These lots, due to their location, cannot conform to the vision you have for retail outlets on 8h Street. A return to C 2, with visual appearance: compatible with the Overlay Plan, would increase the property value of these lots. Overlay with CI would destroy any use of the property. Thank you for your time and consideration to adjust your plans for the above numbered lots. Yours truly, Submitted into the public record On connecfdon with lj'C ,) Rem 4 on 0 Wepfer FoeY113n City Clerk �70 HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION -�• PZ -7 SECOND READING 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 625 entitled "S.W. a Street 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. PLANNING RECOMMENDATION Approval. BACKGROUND AND ANALYSIS The proposed amendment is in order to establish a special district overlay along SW 8t' Street from downtown to SW 274" Avenue. This ordinance will require design review for all development activity visible from the street along SW 8t' Street. 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 SW 8t' Street. PLANNING ADVISORY BOARD Approval with conditions VOTE: 7-0 CITY COMMISSION Passed First Reading on July 26, 2001. APPLICATION NUMBER 01-022 Item #3 CITY OF MIAMI • PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 5/14/2001 Page 1 c� w- 12110. RESOLUTION PAB -47-01 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 625 ENTITLED "S.W. 8"" STREET 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, WITH THE ADDITIONAL CONDITION THAT "EXPANSION OF NONCONFORMING CAR DEALERSHIPS" BE DEFINED AS "EXPANSION BEYOND THE EXISTING PROPERTY BOUNDARIES". 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