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Home My WebLink AboutO-12011J-00-986 11/3/00 �. 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 9, SECTION 910, UNITY OF TITLE, TO ALLOW ACCEPTANCE OF A COVENANT IN LIEU OF A UNITY OF TITLE FOR PROPERTIES ZONED R-4 MULTI -FAMILY HIGH DENSITY RESIDENTIAL; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of October 18, 2000, Item No. 14, following an advertised hearing, adopted Resolution No. PAB 64-00 by a vote of five to zero (5 - 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: 12UII • Section 1. The recitals. and findings contained in the Preamble to this Ordinance are hereby 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 hereby amended by amending the text of said Ordinance as follows:'/ "ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Sec.910. Unity agreements. of title and Covenant 910.7. Covenant in lieu of unity of title, when available. (e)' A covenant in lieu of unity of title shall not be accepted for residential properties which are zoned R-1 (single family residential), R-2 (two family residential), or R-3 (multifamily medium density residential) er R 4 (FR,,, t if-,m; 1 high density residential). * *„ 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or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 1� Words and/or figures stricken through shall be deleted.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 3'�' 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.21 PASSED ON FIRST READING BY TITLE ONLY this 16th day of November 1 2000. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 14th day of December--, 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 ' rovidad, said legisletica becomes effective with the elapse of ten (10 days frr s the date v'mmissic � regarding same, without the Mayor eyarci ,ng) ATTEST: WALTER J. FOEMAN CITY CLERK AND CORRECTNESS.& 962. MM:mea:BSS a/ 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 3 12 011 r] PZ-1 I SECOND READING APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PLANNING FACT SHEET City of Miami Planning and Zoning Department. October 18, 2000. Amendments to Article 9, Section 910 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 9, Section 910 in order to modify provisions related to covenants in lieu of unity of title agreements to allow for acceptance in the R-4 zoning district. PLANNING RECOMMENDATION Approval. BACKGROUND AND Covenants in lieu of unity of title agreements are used in ANALYSIS major projects where it is anticipated that there may be more than one owner. It is a tool utilized by the city to ensure that zoning requirements continue to be met, even in cases with multiple owners. The Department of Public Works had concerns that in residential districts, this would be used as a means to avoid replatting; this concern does not exist for R-4 districts, the concern was related more directly to single family, duplex and low density residential districts. This amendment is in order to modify provisions related to covenants in lieu of unity of title - agreements to allow for acceptance in the R-4 zoning district. PLANNING ADVISORY BOARD Approval CITY COMMISSION N/A APPLICATION NUMBER 00-063 VOTE: 5-0 Item #14 CITY OF MIAMI ® PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 10/12/2000 Page 1 12011 RESOLUTION PAB -64-00 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION TO AMEND ORDINANCE I1000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9, SECTION 910, IN ORDER TO MODIFY PROVISIONS RELATED TO COVENANTS IN LIEU OF UNITY OF TITLE AGREEMENTS TO ALLOW FOR ACCEPTANCE IN THE R-4 ZONING DISTRICT. HEARING DATE: October 18, 2000 ITEM NO. 14 VOTE: 5-0 ATTEST: Ana a abe chez, Director Planning and Zoning Department 12011 • 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. 12011 in the ........... XXXXX ...................... Court, was published in said newspaper in the issues of Dec 29, 2000 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 a post office in Miami in said Miami -Dade Count lorid , for a period of one year next preceding the first blicatio of the attached copy of advertisement; and aff' nt furthe says that she has neither paid nor promised a person vm or corjP�oration any discount, rebate, com- m Sion or efu. for tt� purpose of securi�g this advertise m t for ublication iry a said newspaper. q n to and s scri ed f e me this 29 ecemb r 2000 ... A.D.... (SEAL) Sookie Williams pers OF ICIAL NOTARY SEAL JANFTf LLERENA NOTARY PUBLIC SPATE OF FLORIDA COMMISSION NO. CC 912958 p T CITY OF MIAMI, FLORIDA C 1��lOTICE OF PROPOSED ORDINANCES `A intere t - - s ed persons will take notice that on the of December, 2000, the'City Commission of Miami, Florida adopted the following'titled ordinances: ORDINANCENO. 12000 ' AN EMERGENCY.ORDINANCE.OF THE MIAMI CITY,COM MISSION AMENDING ORDINANCE: NO. 1,1557, AS AMEND- ED, ADOPTED' OCTOBER 14, 1997, WHICH `ESTABLISHED INITIAL RESOURCES AND APPROPRIATED FUNDS FOR A --SPECIAL REVENUE FUND ENTITLED: ":'STOP -.VIOLENCE ' AGAINST WOMEN,"..TO INCREASE APPROPRIATIONS, IN . THE AMOUNT OF-$60,092, CONSISTING OF A,GRANT FROM+ THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS IN .THE AMOUNT;OFr$44'886 AND -IN -KIND-SERVICES. MATCH IN THE AMOUNT OF $15,206; AUTHORIZING THE CITY MAN- AGER TO: (1).'AC6EP.T SAID: GRANT AND'EXECUTE ,T.HE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE TCC I THE CITY.ATTORNEY, (2) EXPEND MONIES FROM THIS FUND FOR NECESSARY EXPENSES TO CONTINUE.THE - ..::OPERATION OF THE PROGRAM; AND (3), EXECUT.E.P.RO- -a:'FESSIONAL SERVICES: -AGREEMENTS WITH INDIVIDUALS;, IWA FORM ACCEPTABLE•TO THE,CITY-'ATTORNEY,,FOR THE PROVISION OF: DOMESTIC,VIOLENCE.SENIOR.COUN- ' SELOR(S)NICTIM ADVOCATE(S),,IN AN ANNUAL AMOUNT' NOTJO: EXCEED•$44,886.:FOR AN ADDITIONAL: ONE (1) .,r-YEAR PERIOD; .FURTHER ,,ALLOCATING FUNDS .IN THE -AMOUNT OF $.15;206-FROM'THE DEPART.MENT:OF POLICE ' GENERAL OPERATING BUDGET. FOR THE REQUIRED IN= KIND MATCHING FUNDS; CONTAINING A REPEALER PRO- VISION AND SEVERABILITYCLAUSE, .AND PROVIDING FOR- , AN EFFECTIVE DATE. ORDINANCE NO. 12002 . -AN EMERGENCY•ORDINANCE,OF THE MIAMI CITY COM- MISSION RELATING TO SIDEWALK AND STREET VENDING; _AMENDING CHAPTER 39, ARTICLE II, OF THE•CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; BY ESTABLISHING THE "BISCAYNE BOULEVARD SPECIAL VENDING DIS- -; TRICT';' PROVIDING, DEFINITIONS; ESTABLISHING DIS- TRICT BOUNDARIES; PROVIDING FOR EXCLUSIVE VEND- ING FRANCHISE OPPORTUNITIES AND.LOCATIONS; PRO- VIDING CRITERIA; PROVIDING'FOR FRANCHISE FEES; ES- TABLISHING PUSHCART DESIGN CRITERIA AND REVIEW;. PROVIDING OPERATING REGULATIONS AND LIMITA- TIONS; - PROVIDING FOR ENFORCEMENT, REVOCATION AND APPEALS; PROVIDING FOR HOLD HARMLESS AGREE=. MENTS; :INSURANCE,TAX CERTIFICATES AND COMPLI- ANCE WITH APPLICABLE LOCAL AND STATE FfEGULA- TIONS; MORE -PARTICULARLY; BY AMENDING SECTION 39-. 26.AND ADDING,NEW=SECTION,39-37.1 -TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILI= TY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 12003 AN'ORDINANCE,OF THE MIAMI CITY COMMISSION AMEND- ING THE CODE OF THE CITY OF MIAMI, FLORIDA, 'AS AMENDED, TO CREATE AND ESTABLISH THE VIRGINIA KEY BEACH PARK TRUST (THE "TRUST"), SET FORTH THE LE- GAL DESCRIPTION OF VIRGINIA KEY BEACH PARK; DESIG NATE.THE TRUST'S JURISDICTIONAL AUTHORITY, SET FORTH THE TRUST'S PURPOSE; POWERS, .AND DUTIES, AND PROVIDE FOR COMPOSITION AND APPOINTMENTS, TERMS OF OFFICE, VACANCIES,MEMBERSHIP ELIGIBILI- TY AND ATTENDANCE REQUIREMENTS, OATH, QUORUM AND VOTING, MEETINGS, INDEMNIFICATION, ABOLISH- MENT, AND "SUNSET" -REVIEW OF THE TRUST EVERY FOUR YEARS; MORE PARTICULARLY BY AMENDING SEC- TION 2-892 AND BY ADDING A NEW ARTICLE, CONSISTING OF SECTIONS 38-230 THROUGH 38-242 TO CHAPTER 38 OF _THE CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR -AN EFFECTIVE - DATE. . • . ; • ORDINANCE NO. 12004 N EMERGENCY_ORDINANCE OF THE MIAMI CITY COM- ERS 2 AND 53.OF THE_ CODE" OF THE CITY OF MIAMI, FLORIDA; AS AMENDED, TO RE-` DUCE THE NUMBER OF MEMBERS REQUIRED FOR A QUO - ",RUM TO CONVENE-AMEETING OF THE ORANGE BOWL -AD VISORY BOARD; AND MORE PARTICULARLY BY AMEND ING SECTIONS 2-887AND:53-12630 SAID CODE; AND CON— TAINING A REPEALER PROVISION AND A SEVERABILITY' CLAUSE. -ORDINANCE.NO. 12006 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 37 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, _.AS - AMENDED, ENTITLED , "OFFENSES MISCELLANEOUS TO ADD A NEW SECTION TO MAKE IT` UNLAWFUL FOR -A PERSON TO AGGRESSIVELY PANHAN�; DLE; MORE PARTICULARLY BY ADDING NEW SECTION 37- 6 TO SAID,CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE:. ' v-ORDINANCE'NO.12007 AN ORDINANCE OF THE-MIAMI CITY COMMISSION AMEND-' ING THE FUTURE`LAND''USE MAP OF THE-COMPREHEN SIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USES ,:DESIGNATION OF THEtPROPERTY LOCATED AT APPROXI- MATELY 5932 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA, FROM "MEDIUM DENSITY MULTIFAMILY RESIDENTIAL" TO "RESTRICTED COMMERCIAL"; MAKING FINDINGS; DIRECT- :NG TRANSMITTALS TO`AFFECTED AGENCIES; CONTAIN- ING A REPEALER PROVISION AND,, A SEVERABILITY. i CLAUSE; AND PROV.IDIN,G°FOR AN EFFECTIVE DATE. (t ORDINANCE NO. 12008 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND ING PAGE NO. 13 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-3 MULTIFAMILY I` MEDIUM. DENSITY .RESIDENTIAL TO 'C-1 RESTRICTED "COMMERCIAL FOR THE PROPERTY LOCATED AT APPROX- i 1IMATELY 5932 NORTHEAST 2Nb AVENUE, MIAMI, FLORIDA, CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. - ORDINANCE NO. 12009 AN ORDINANCE OFTHE MIAMI CITY COMMISSION.AMEND- ING• ORDINANCE NO."11boo, AS AMENDED, THE ZONING ORDINANCE OF -THE CITY OF MIAMI. FLORIDA, BYAMEND- ING ARTICLE 4, SECTION 401`, SCHEDULE OF DISTRICT REGULATIONS, ARTICLE 9, ,SECTION`934, COMMUNITY BASED RESIDENTIAL_FACILITIES, AND,ARTICLE 25, SEC- TION 2502, SPECIFIC DEFINITIONS, .TO MODIFY PROVI- SIONS RELATED TO COMMUNITY BASED RESIDENTIAL FA-- ' CILITIES; CONTAINING AREPEALER PROVISiON.AND:SEV- ERABILITY CLAUSE; AND'PROVIDING -FOR AN EFFECTIVE j f DATE = { ORDINANCE NO. 12010 AN ORDINANCE OF THE MIAMI CITY' COMMISSION AMEND- ING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI: FLORIDA, BY AMEND- ING ARTICLE 9; SECTION 916, INTERIM PARKING, TO MODI- FY PROVISIONS RELATED TO INTERIM -PARKING; CON- TAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR -AN EFFECTIVE "DATE: v„�/1`�liG IYV N ORDINANCE OF THE MIAMI CI SSION AMEND- . ING ORDINANCE NO. 11600,'AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI. FLORIDA, BY AMEND- ING -ARTICLE 9, SECTION 910, UNITY OF TITLE, TO ALLOW ACCEPTANCE OF A COVENANT IN LIEU OF A UNITY OF TI- , ;'TLE FOR PROPERTIES ZONED R-4-MULTI-FAMILY HIGH DENSITY RESIDENTIAL; CONTAINING A REPEALER PROVI- SION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 3 ORDINANCE NO. 12012 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ' ING=CHAPTER 62/-ARTICLE V OF THE CODE OF THE CITY - OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ZONING , AND PLANNING/APPOINTMENT OF MEMBERS AND ALTER- . NATE MEMBERS OF THE PLANNING ADVISORY BOARD. -= `AND ZONING BOARD"; TO, AMEND PROVISIONS RELATED TO `COURTESY NOTICE FOR .CONDOMINIUM ASSOCIA-• TIONS; MORE PARTICULARLY BY.AMENDING SECTION 62- 129(4) OFrSAID CODE;:CONTAINING A REPEALER PROVI- 'SION'AND A-`SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE: ..Said ordinances may be mspected.,by the public at the Office of the City Clerk, 3500 PanArrierican Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of.8 a' and 5 p.m. .: _ m. All interested persons may appear at the meeting and may be heard 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 considered at,this meeting, that person shall ensure that a verbatim ' record of the proceedings is made including all testimony and evidence upon which any appeal maybe based. j - LAtY pp� 31 WALTER J. FOEMAN. s -ono CITY CLERK 00.4.64a 2nn7nm