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HomeMy WebLinkAboutO-11901J-00-71 1/12/00 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 609, SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, IN ORDER TO AMEND SECTIONS 609.4 AND 609.5 TO ELIMINATE CLINICS, MEDICAL OR DENTAL OFFICES AS CONDITIONAL PRINCIPAL USES WITHIN THE SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of December 15, 1999, Item No. 3, following an advertised hearing, adopted Resolution No. PAB 58-99 by a vote of five to two (5-2), RECOMMENDING APPROVAL by 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 hereby adopted by reference thereto and incorporated herein 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 hereby amended by amending the text of said Ordinance as follows:'/ "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 609. 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, lodging houses, 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. 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 4 119 1 6. Coin laundry operations. 7. Clinics, medical or dental, trat —are — e=ower 8. Pool halls, billiard parlors, and game rooms. 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. 2. Automotive service stations and car washes only by Special Exception. 3. Retail establishments operating from the hours of midnight to 6:00 a.m. only by Special Exception. 4. G, inies , fetediea-1—er dental as f ellesads . if under five theusand ( S,000) area, 13 Class 11 Special Permit o sand (5 ,, G 0 9 ) square ffeet , under eight theusand ( 8 , GST -square feet in area, by Speeial Exeeptien Permit enl-�— 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. 11901 Page 3 of4 Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof." PASSED ON FIRST READING BY TITLE ONLY this 27th day of January r 2000. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 171-h day of February 1 2000. 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 place provided, said lgegislalnm infovi becomes effective with the Flaps ften (10)da Iromth date of mlssl,Al . Lion TaWding same, without the Ma rester ilii g eto. niter eman, City Clerk ATTEST: WALTER J. FOEMAN CITY CLERK AND CORRECTNESS:el 827:U,4M:eij 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 4 of 4 1.901 PZ - 1 1 ® SECOND READING PLANNING FACT SHEET APPLICANT City of Miami Planning and Zoning Department. HEARING DATE December 15, 1999. REQUEST/LOCATION Amendment 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, Sections 609.4 and 609.5 in order to remove clinics, medical or dental offices as conditional principal uses within the SD -9 Biscayne Boulevard North Overlay District. PLANNING RECOMMENDATION Approval. BACKGROUND AND Please see attached analysis. ANALYSIS PLANNING ADVISORY BOARD Approval VOTE: 5-2 CITY COMMISSION Passed First Reading on January 27, 2000. APPLICATION NUMBER 99-051 Item '#3 CITY OF MIAMI v PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 01 /11/2000 119 0 1 rage -i n • ANALYSIS FOR AMENDMENT TO ARTICLE 6 OF THE ZONING ORDINANCE APPLICATION: No. 99-051 The proposed amendment to the Zoning Ordinance is being requested in order 'o eliminate clinics, medical or dental offices as conditional principal uses within the SD -9 Biscayne Boulevard North Overlay District. The proposed language to Article 6, Sections 609.4 and 609.5 will be as follows: Sec. 609. 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, that are eveF eight theusand (9,090) squaFe feet iR area. 8. Pool halls, billiard parlors, and game rooms. 11901 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. 2. Automotive service stations and car washes only by Special Exception. 3. Retail establishments operating from,,the hours of midnight to 6: 00 a.m. only by Special Exception. , , an, erre foci in nrin ,• by Spenial Gvp6ption Rtz=i+ manly The Planning Department is recommending approval of the proposed amendmentfinding that due to the special character of Biscayne Boulevard, and the City's desire to revitalize the Boulevard; clinic uses are inappropriate for the SD -9 District and that there is sufficient Commercially zoned property within the area to accommodate such uses to serve the area without need for said uses to be located along Biscayne Boulevard. RESOLUTION PAB -58-99 A RESOLUTION RECOMMENDING APPROVAL TO AMEND ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTIONS 609.4 AND 609.5 IN ORDER TO REMOVE CLINICS, MEDICAL OR DENTAL OFFICES AS CONDITIONAL PRINCIPAL USES WITHIN THE SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT. HEARING DATE: December 15, 1999 ITEM NO. 3 VOTE: 5-2 ATTES : v a Gelabert-Sanchez, -b6& or Planning and Zoning Department 11901 w Ll MIAMI DAILY BUSINESS REVIEW!/ Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida" STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in -the matter of CITY OF MIAMI ORDINANCE NO. 11901 in the ............XXXXX .................... Court, blis2e3d �n said ®paper in the issues of w9s1ept Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County rida, for a period of one year next preceding the first p li tion of the attached copy of advertisement; and affW fu er says that she has neither paid nor promised any er n, firm or corporation any discount, rebate, com- mis to or refund for a purpose of ?curpg this advertise- r publication he said newspape e 23 ri(bed before me this 2000 ..... Pay of/I...'.^ . f..........1 //...... A.D......... 1.... rt ......................... ,,,.................. (SEAL) {P • MARIA I. MESA Sookie Williams pers y WYMMMISSION fi CC 885640 EXPIRES: March 4 2004 Bonded Thru No4 ry Public Underwr tars NOTICE, OF PROPOSED ORDINANCES All,interested persons will. take notice. that on the 17th of':February 2000, the City Commission of Miami, Florida- adopted•the,following.title( ordinances: - ORDINANCE NO. 11893 AN EMERGENCY ORDINANCE OF THE MIAMI CITY COM- > " MISSION ESTABLISHING A SPECIAL REVENUE FUND ENT[- TLED:. :'WORKFORCE. INVESTMENT "ACT- DISLOCATED. WORKERS PROGRAM,(PY•2000)"; APPROPRIATING.FUNDS FOR -ITS OPERATION -IN THE AMOUNT OF $.149;552, CON= 81ST,ING OF -A GRANT. FROM ,THE SOUTH FLORIDA'EM-,.'.' PLOYMENT ,AND, 'TRAINING., -CONSORTIUM (SFETC) THROUGH THE -U.S.. DEPARTMENT OF LABOR AND. THE STATE OF FLORIDA.UNDER'FONDS-GENERATED BY THE' WORKFORCE INVESTMENT ACT OF •1998, AUTHORIZING THE CITY MANAGER TO EXECUTE THE. NECESSARY' -•- AGREEMENT, IN -A FORM ACCEPTABLE TO THE CITY -AT- TORNEY,. WITH THE. SFETC FOR THE ACCEPTANCE. OF THE GRANT; CONTAINING A REPEALER -PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 11894 AN EMERGENCY ORDINANCE OF -THE MIAMI CITY _COM- MISSION AMENDING SECTIONS VI OF ORDINANCE -NO. 11705, ADOPTED SEPTEMBER 28, 1998, AS.AMENDED; RE- VISING PREVIOUSLY APPROVED CAPITAL IMPROVEMENT PROJECTS IN THE PARKS AND RECREATION AREA; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY _CLAUSE.'. . 'ORDINANCE NO: 11895 .AN.EMERGENCY•-ORDINANCE OF THE MIAMI CITY COM- MISSION•AMENDING'ORDINANCE NO. 11557, AS AMEND- ED, WHICH ESTABLISHED INITIAL RESOURCES AND AP- PROPRIATIONS -FOR •A 'SPECIAL REVENUE FUND ENTI- TLED: "STOP VIOLENCE AGAINST WOMEN," TO INCREASE SAID APPROPRIATIONS, IN THE' AMOUNT OF $120,388, CONSISTING; OF A.GRANT FROM THE FLORIDA,DEPART- MENT OF COMMONITY--AFFAIRS IN THE AMOUNT OF $89,773 AND IN-KIND SERVICES MATCH IN THE AMOUNT OF _$30,615; AUTHORING THE CITY MANAGER TO ACCEPT SAID GRANT' AND TO EXECUTE'THE NECESSARY DOCU- MENT(S), IN A FORM ACCEPTABLE TO THE CITY ATTOR- NEY, FOR SAID PURPOSE;,FURTHER;ALLOCATING $30,615 FROM THE POLICE DEPARTMENT GENERAL OPERATING BUDGET AS IN-KIND MATCHING FUNDS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11896 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING THE FUTURE LAND USE MAP OF THE COMPREHEN- SIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION, ,OF THE PROPERTIES LOCATED AT. AP- PROXIMATELY (1) 130, 140, 150, 160, 170, 180 AND 190 SOUTHWEST 12TH STREET; (2) .121, 131 AND 159..SOUTH- WEST 13TH STREET AND,. (3) 1227-1229 SOUTHWEST 2ND AVENUE, MIAMI, 7FLORIDA, FROM'OFFICE AND HIGH DEN- SITY MULTIFAMILY RESIDENTIAL TO RESTRICTED COM- MERCIAL; MAKING FINDINGS;'DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE ORDINANCE NO. 11897 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING PAGE NO. 37 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE.ZONING ORDINANCE OF,, THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM R-4 MULTIFAMILY -HIGH-DENSITY RESIDENTIAL AND O -OFFICE TO C-1 RE - STIR ICTEb E-STRICTED COMMERCIAL FOR THE PROPERTIES LOCATED AT -APPROXIMATELY (1) 130=190 SOUTHWEST 12TH STREET, (2) 121, 131 AND 159 SOUTHWEST 13TH STREET, AND (3) 1227-1229 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFEC- TIVE DATE. ORDINANCE NO. 11898 AN ORDINANCE OF THE MIAMI CITY COMMISSION'AMEND- ING THE FUTURE LAND USE MAP OF THE COMPREHEN- SIVE NEIGHBORHOOD PLAN BY CHANGING THE'LAND USE j DESIGNATION OF THE PROPERTIES LOCATED AT AP-. PROXIMATELY (1) 201 AND 203 SOUTHWEST 13TH STREE j AND (2) 1216 SOUTHWEST 2ND AVENUE, MIAMI, FLORIDA, FROM OFFICE AND HIGH DENSITY MULTIFAMILY RESI- DENTIAL TO RESTRICTED COMMERCIAL; MAKING FIND- INGS; DIRECTING TRANSMITTALS TO AFFECTED AGEN- CIES; CONTAINING REPEALER PROVISION AND A SEV-. ERABILIT.Y CLAUSE; AUSE; AND PROVIDING FOR AN EFFECTIVE I DATE. I i ORDINANCE NO. 11899 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND "ING PAGE NO.3TOF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED; THE- ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,. SECTION. 401 SCHEDULE OF- DISTRICT •REGULATIONS, BY,CHANGING" THE ZONING CLASSIFICATION FROM R-4 MULTIFAMILY' HIGH-DENSITY RESIDENTIAL' AND 0 -OFFICE •TO- C-1" -1 `RE STRICTED COMMERCIAL FOR'THEPROPERTIES LOCATED .',- -i AT APPROXIMATELY (1) 201 AND 203 SOUTHWEST 13TH', , . STREET, AND (2) 1216 SOUTHWEST 2ND AVENUE, MIAMI, . FLORIDA;. CONTAINING,A"REPEALER PROVISION ANDA SEVERABILITY CLAUSE; AND.PROVIDING FOR AN EFFEC- TIVE DATE. i = ORDINANCE NO. 11900 I 'AN ORDINANCE OF THE MIAMI CITY COMMISSIONAMEND ING ORDINANCE -11000,,AS AMENDED, THE ZONING OR I_' i NANCE'OF'THE-CITY OF MIAMI; BY.AMENDING.ARTICLE 6,�._ r. SECTION 606, SD -6 CENTRAL COMMERCIAL RESIDENTIAL . DISTRICT, IN ORDER TO AMEND SECTION 606.4:2 Tb -ADD. CHILD DAYCARE CENTERS AS PERMISSIBLE USES;WITHIN,;; THE SD -6 DISTRICT BY CLASS II SPECIAL PERMIT`ONLY.;: , ',AND ONLY IN LOCATIONS OTHER THAN` THE .GROUND FLOOR FRONTAGE OF PEDESTRIAN STREETS AND, UR->• :: BAN PLAZAS; CONTAINING A REPEALER; PROVISION; AND: A'SEVERABILITY CLAUSE';"AND PROVIDING FOR AN EF' " FEC-fiVE`DATE ,,.. ,-ORDINANCE NO AN ORDINANCE.OF THE MIAMI CITY -COMMISSION AMEND- ` ING OR, 11000; AS AMENDED; THE ZONING.ORDI- . 'NANCE OF•THE CITY OF MIAMI ,BY AMENDING ARTICLE 61 a SECTION•609, SD -9 BISCAYNE BOULEVARD'NORTH:OVER- LAY DISTRICT; IN ORDER TO. AMEND SECTIONS 609.4 AND ,` 609:5'TO ELIMINATE CLINICS; MEDICALOR DENTALOFFIC II ES AS CONDITIONAL PRINCIPAL USES WITHIN THE SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT; CON=S TAINING A, "REPEALER PROVISION AND -SEVERABILITY f CLAUSE; AND PROVIDING FOR AN)EFF,ECTIVE,DATE_. Said proposed ordinances may be inspected by. the public at the,Office of the, City Clerk;,3500 Pam American Drive, Miami, Florida, Monday, through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. All interested persons may appear at the meeting' and'rnay be heard i with respect to the proposed ordinances. Should any person desire to ap- ,peal any decision of the City Commission with respect to any matter to be lconsidered at this meeting, that person shall ensure that a verbatim Crecord of the proceedings is made including all testimony and evidence upon which any appeal maybe based: _ - I WALTER J. FOEMAN _ I .. CITY CLERK I. '�OE•CQFLO4�O� (#8239) 2(23. __ ____—_00 4-022389/25814M�