HomeMy WebLinkAboutO-11611J-98-81
2/24/98 ORDINANCE NO. 11611
AN ORDINANCE, WITH ATTACHMENT, AMENDING PAGE
NO. 23 AND PAGE NO.36 OF THE ZONING ATLAS OF
THE CITY OF MIAMI, FLORIDA, BY CHANGING THE
ZONING CLASSIFICATION FROM C-1 "RESTRICTED
COMMERCIAL" TO SD-6 "CENTRAL COMMERCIAL -
RESIDENTIAL DISTRICT" FOR PROPERTY GENERALLY
BOUNDED BY NORTHEAST 11TH TERRACE ON THE
NORTH, NORTHEAST 2ND AVENUE ON THE WEST,
BISCAYNE BOULEVARD ON THE EAST AND THAT
PORTION OF THE F.E.C. RIGHT-OF-WAY LOCATED
BETWEEN NORTHEAST 6TH STREET AND NORTHEAST
7TH STREET ON THE SOUTH; MAKING FINDINGS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of November 12, 1997, Item No. 4, following an advertised
hearing, adopted by Resolution No. PAB-70-97, by a vote of five
to zero (5-0), RECOMMENDING APPROVAL of a change of zoning
classification, as hereinafter set forth; and
WHEREAS, the City Commission, after careful consideration of
this matter, and the recommendation of the Planning Advisory
Board, deems it advisable and in the best interest of the general
welfare of the City of Miami and its inhabitants to grant this
change of zoning classification as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
A ,f T A C3 r M t N (5_,
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,! ;�j)
Section 1. The Zoning Atlas of Ordinance No. 11000, as
amended, the Zoning Ordinance of the City of Miami, Florida,
Article 4, Section 401, Schedule of Districts Regulations, is
hereby amended by changing the zoning classification from C-1
"Restricted Commercial" to SD-6 "Central Commercial -Residential
District" for the properties generally bounded by: Northeast 11th
Terrace on the north, Northeast 2nd Avenue on the west, Biscayne
Boulevard on the east and that portion of the F.E.C. right-of-way
located between Northeast 6th Street and Northeast 7th Street on
the south, Miami, Florida, more particularly described in
"Exhibit All, attached hereto and made part thereof.
Section 2. It is hereby found that this zoning
classification change:
(a) is in conformity with the adopted Miami Comprehensive
Neighborhood Plan;
(b) is not contrary to the established land use pattern;
(c) will not create an isolated district unrelated to
adjacent nearby districts;
(d) is not out of scale with the needs of the neighborhood
of the City;
(e) will not materially alter the population density
pattern or increase or overtax the load on public
facilities such as schools, utilities, streets, etc.;
(f) is necessary due to changed or changing conditions;
(g) will not adversely influence living conditions in the
neighborhood;
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11611
(h) will not create or excessively increase traffic
congestion or otherwise affect public safety;
(i) will not create a drainage problem;
(j) will not seriously reduce light and air to adjacent
area;
(k) will not adversely affect property value in the
adjacent area;
(1) will not be a deterrent to the improvement of
development of adjacent property in accord with
existing regulations; and
(m) will not constitute a grant of special privilege to an
individual owner so as to compromise the protection of
the public welfare.
Section 3. Page Nos. 23 and 36 of the Zoning Atlas, made
a part of Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Florida, by reference and description in
said Ordinance is hereby amended to reflect the changes made
necessary by this amendment.
Section 4. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 5. 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 6. This Ordinance shall become effective after
final reading and adoption thereof pursuant and subject to
163.3189, Fla. Stat. (1997).
-3- 11611
•
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PASSED ON FIRST READING BY TITLE ONLY this 27th day of
January 1 1998.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 24th day of February , 1998.
PREPARED AND APPROVED BY:
GEORGE IV WYSONG, III
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
L 4EDWARD MAX LL
I ERIM CITY A ORNEY
W424:GKW:BSS
VIER . SUAREZ, MAYOR
X
-4-
11611
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ATTACHMENT A
LEGAL DESCRIPTION
All of Block 1N of MIAMI NORTH Subdivision (PB B-41 AND 3-172); and Lots 1, 2, 4, 5 and
6 of Block 60N of MIAMI NORTH Subdivision (PB B-41 AND 3-172); and all of Blocks 20N,
21N, 40N and 41N of MIAMI NORTH Subdivision (PB B-41 AND 3-172); and all of
HOWARD JOHNSON Subdivision (PB 79-89).
11611 �`�
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CITY OF MIAMI, FLORIDA SECOND READING
TO
FROM
INTER -OFFICE MEMORANDUM
Honorable Chairman and Members DATE: February 9, 1998 FILE:
of the City Commission
SUBJECT: Amendment to Zoning Atlas
for Biscayne Boulevard
Jose Garcia Pedrosa
City Manager
RECOMMENDATION
REFERENCES:
ENCLOSURES:
It is respectfully recommended that the City Commission approve the attached
amendment to the Atlas of Zoning Ordinance 11000 in order to change the zoning
classification of those properties located on Biscayne Boulevard (from approximately
N.E. 6'' Street to 1-395) from C-1 Restricted Commercial to SD-6 Central Commercial -
Residential District.
BACKGROUND
The attached amendment to the Atlas of the Zoning Ordinance is in order to rezone the
Biscayne Boulevard properties (from approximately N.E. 6' Street to I-395) from C-1
Restricted Commercial to SD-6 Central Commercial -Residential District.
This amendment was initiated in response to a private zoning change application at the
southern end of the subject properties and numerous inquiries about the redevelopment
potential of this particular corridor. Upon conducting a study of the subject corridor, it
was determined that the current land use designation of Restricted Commercial was
appropriate, however, the accompanying zoning designation of C-1 was inadequate.
There was insufficient density and no real design standards and guidelines to ensure that
this very important corridor would develop in an appropriate manner given its location in
downtown Miami.
The Department of Planning and Development is recommending approval of the
proposed amendments finding that the proposed changes of zoning would facilitate the
development of the Biscayne Boulevard Corridor in downtown Miami while ensuring
that said development is in keeping with the vision and orderly growth of the city.
JGP: lys
0 10
PLANNING FACT SHEET
APPLICANT Department of Planning and Development
HEARING DATE November 12, 1997.
REQUEST/LOCATION Amendment to Atlas of Zoning Ordinance 11000 for the
properties generally bounded by N.E. 11"' Terrace on the north,
N.E. 2nd Avenue on the west, Biscayne Boulevard on the east
and that portion of the F.E.C. right-of-way located between N.E.
61' Street and N.E. 71" Street on the south. r
LEGAL DESCRIPTION Complete legal description on file with the Hearing Boards Office.
PETITION Consideration of amending Ordinance 11000, as amended, the
Zoning Ordinance of City of Miami by amending the Official
Zoning Atlas to change the . zoning classification for the
properties generally bounded by N.E. 111hTerrace on the north,
N.E. 2nd Avenue on the west, Biscayne Boulevard on the east
and that portion of the F.E.C. right-of-way located between N.E.
61' Street and N.E. 7"' Street on the south from C-1 Restricted
Commercial to SD-6 Central Commercial -Residential District.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND Please see attached analysis.
ANALYSIS
PLANNING ADVISORY BOARD Approval
VOTE: 5-0
CITY COMMISSION Passed First Reading on January 27, 1998.
APPLICATION NUMBER 97-050
Item #4
.........................................................................................................................................................................................................................
CITY OF MIAMI . DEPARTMENT OF PLANNING AND DEVELOPMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435
Date: 11 /07/97
Page 1
116111
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RESOLUTION PAB -70 -97
A RESOLUTION RECOMMENDING APPROVAL TO AMEND
ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, BY AMENDING THE ZONING ATLAS BY CHANGING
THE ZONING DESIGNATION FOR THE PROPERTIES GENERALLY
BOUNDED BY N.E. 11"HTERRACE ON THE NORTH, N.E. 2NDAVENUE ON
THE WEST, BISCAYNE BOULEVARD ON THE EAST AND THAT
PORTION OF THE F.E.C. RIGHT-OF-WAY LOCATED BETWEEN N.E. 6T`
STREET AND N.E. 7"HSTREET ON THE SOUTH, FROM "C-1 RESTRICTED
COMMERCIAL" TO "SD-6 CENTRAL COMMERCIAL -RESIDENTIAL
DISTRICT" INCLUDING ADDING THE PRIMARY PEDESTRIAN
PATHWAY DESIGNATION ALONG BISCAYNE BOULEVARD.
HEARING DATE: November '12, 1997
ITEM NO. 4
VOTE: 5-0
a
ATTESTS
o des Slazyk, Assistant 156ctor
Department of Planning and
Development
•
,4 0
ANALYSIS FOR ZONING CHANGE REQUEST
Biscayne Boulevard from approximately N.E. 11" Terrace to
that portion of the F.E.C. Right-of-way located between N.E.
W" Street and N.E. 7te Street.
DISCUSSION
The proposal has been reviewed for a change to the Official Zoning Atlas of Zoning
Ordinance 11000 from C-1 Restricted Commercial to SD-6 Central Commercial -
Residential District. The subject property consists of the area generally bounded by N.E.
11' Terrace on the north, N.E. 2nd Avenue on the west, Biscayne Boulevard on the east,
and that portion of the F.E.C. right-of-way located between N.E. 6' Street and N.E. 7'
Street on the south.
The Department of Planning and Development is recommending APPROVAL
of the application as presented based on the following findings:
• It is found that the Department of Planning and Development, upon receiving a
private application for a Land Use amendment to "Central Business District" at 666
Biscayne Boulevard, conducted a study of the Biscayne Boulevard corridor in this
area in order to determine whether the request was appropriate or whether another
zoning classification which increased intensity of development while maintaining a
"Restricted Commercial" Land Use Designation was more appropriate. It was
determined that a Zoning Classification of SD-6 Central Commercial -Residential
District, which maintains a Land Use Designation of "Restricted Commercial" was
more appropriate for the entire corridor in that it allowed a much more flexible
development program than a C-1 Restricted Commercial zoning classification.
• It is found that a change to Central Business District along this corridor will have a
negative impact on the existing Central Business District by weakening the
concentrated effect it was intended to have. Such a change may cause a "domino"
effect to the north which will be counter -productive by increasing densities and
intensities before the market is ready. It has been found that changes of land use and
zoning that are approved prior to the necessary market demands have actually stifled
development in that the property owners will sit on their properties until the market is
ready for "highest and best" use. There are plenty of vacant and under-utilized parcels
in the CBD which should be developed prior to a new CBD being designated.
116115
• It is found that a change to SD-6 along the Biscayne Boulevard corridor described '
herein will allow said corridor higher intensities than are currently allowed while
ensuring that development complies with an established criteria of design guides and
standards that will enhance the urban quality of the district.
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AP
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WALTER J. FOEMAN
City Clerk.
May 13, 1998
Evelyn Jefferson
Municipal Code Corp.
P.O. Box 2235
Tallahassee, FL 32316
Dear Ms. Jefferson
�ttt� of 41fiaTYIT
�J"V OF
FX.0
JOSE GARCIA-PEDROSA
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the Code of the
City of Miami, Florida:
11605 11607 11608 11609 11610 It&rt
11612 11613 11614 11615 11616 11617 11618
If I can be of any further assistance, please do not hesitate to call.
Yours truly,
vi Gallastegui-Alonso
Deputy City Clerk
Enc.
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
4kitv of 'fflian*
WALTER J. FOEMAN
City Clerk
May 13, 1998
Rosemary Ricotta
Office of the State Attorney
1351 Northwest 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
JOSE GARCIA-PEDROSA
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the Code of the
City of Miami, Florida:
11605 11607 11608 11609 11610
11612 11613 11614 11615 11616 11617 11618
Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter,
and returning it to this office for our files.
Thank you.
Very truly yours,
Walter J. Foeman
City Clerk
B
Deputy City Clerk
RECEIVED BY:
DATE:
Enc.
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
* Iffia of 'fflian*
WALTER J. FOEMAv
City Clerk
May 13, 1998
Rosemary Ricotta
Office of the State Attorney
1351 Northwest 12th Avenue
Miami, FL 33136-2111
Dear Ms. Ricotta:
JOSE GARCIA-PEDROSA
City Manager
Enclosed herewith please find a copy of the following Ordinances which amend the Code of the
City of Miami, Florida:
11605 11607 11608 11609 11610 1=L6.1_P
11612 11613 11614 11615 11616 11617 11618
Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter,
and returning it to this office for our files.
Thank you.
Very truly yours,
Walter J. Foeman
City Clerk
B
Deputy City Clerk
RECEIVED BY:
DATE:
Enc.
OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that she is the
Supervisor, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11611
inthe ...................... XXXXX....................................... Court,
was published in said newspaper in the issues of
Mar 6, 1998
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said 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 Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of.advertisement; and affiant further says that she has
neither pai r promised any pens or corporation
any disc nt, a�bate, commissi fund f i the purpose
of se insttfiir4 advertise o publica n in the said
m to and subscri dd a me this
6 / Marc 98
of..... .... A.D. 19......
OAP " JANETT LLERENA
(SEAL) / (i COMMISSION NUMBER
Octelma V. Ferbeyr f c�lnn to mt; C 5 66 0 0 4
7- �t MY COMMISSION EXPIRES
`c) F�ON JUNE-23,2000
CITY OF MIII►MI, FLORIDA
LEGAL NOTICE......:
All .interested persons will take notice _that on the 24th. day of.
February, 1998, the City Commission of Miami,` Florida; adopted the
following titled ordinances:
ORDINANCE NO.1.1610
AN ORDINANCE, WITH ATTACHMENT, AMENDING THE
FUTURE LAND USE MAP OF THE COMPREHENSIVE
NEIGHBORHOOD PLAN BY CHANGING THE LAND USE
DESIGNATION OF THE• PROPERTIES LOCATED. WITHIN .-
THE AREA BOUNDED.:,BY : NORTH MIAMI AVENUE,
NORTHEAST 2ND AVENUE, 149;5 AND NORTHEAST 36TH
STREET, INCLUDING LOTS 1,-2; 23 AND 24 OF BLOCK 10'
OF PRINCESS PARK SUBDIVISION, FROM RESTRICTED
COMMERCIAL - TO- IGENERAL�, COMMERCIAL; MAKING
FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED
AGENCIES;'CONTAINING A REPEALER PROVISION AND
`A SEVERABILITY CLAUSE; AND.',PROVIDING FOR AN.
EFFECTIVE DATE. '
ORDINANCE N0.11
AN ORDINANCE WITH ATTACH T, AMENDING PAGE
NO. 23 AND PAGE NO. 36`OF THE ZONING.ATLAS;OF "
THE CITY OF MIAMI; FLORIDA; BY CHANGING THE ZON-
ING CLASSIFICATION FROM, C-1 'RESTRICTED COM--
MERCIAL' -TO 9D-6' •CENTRAL -COMMERCIAL-RESIDEN=
TIAL DISTRICT' FOR -PROPERTY GENERALLY BOUNDED
13Y NORTHEAST . 11TH- TERRACE ON THE NORTH,
NORTHEAST 2ND ;AVENUE" ON THE WEST, _BISCAYNE
BOULEVARD ON THE`EAST AND THAT.PORTION OF THE
F.E.C. RIGHT-OF-WAYET
LOCATED BETWEEN NORTHEAST
6TH STREET AND-_NORTHEAST'7TH STREET'ON' THE
SOUTH, MAKING" FINDINGS; CONTAINING. - A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PRO
VIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 11612-
AN ORDINANCE -AMENDING ORDINANCE NO. 11000; THE "
ZONING ORDINANCE, BY AMENDING "ARTICLE 6, TO .ADD '
NEW SECTION 662.4.1.3 _ENTITLED'SALES DISPLAY AND
SERVICE ACTIVITIES WITHIN OPEN OR PARTIALLY'_
OPEN SPACE,"TO MODIFY EXISTING PROVISIONS AND
ALLOW" CERTAIN ;COMPONENTS OF SAID USES . BY
SPECIAL EXCEPTION AND".CLASS II. SPECIAL PERMIT
WITH114 OPEN SPACE -FOR THE SD-2 COCONUT �GROVE' , r.
CENTRAL COMMERCIAL DISTRICT;. CONTAINI'A, ''
'REPEALER PROVISION AND ±A SEVERABILITY'rNGCLAUSE r' = V'
AND�PROVIDING FOR AN EFFECTIVE DATE
ORDINANCE.NO 11613 �,.
AN 'ORDINANCE AMENDING .ORDINANCE_NO. 11000,;AS
AMENDED, THE -ZONING ORDINANCE"OFTHE CITY OF-
MIAMI, FLORIDA, BY 'AMENDING ARTICLE 4, SECTION
401,-SCHEDULE OF�DISTRICT REGULATIONSJO MODI-
FY THE LIST OF PR
PERMITTED INCIPAL'AND •CONDI-
TIONAL.PRINCIPAL USESIN THE 'CBD' CENTRAL BUST-.,
NESS DISTRICT RELATING TO GENERAL WHOLESALE
ACTIVITIES;. CONTAINING -REPEALER PROVISION AND,A
SEVERABILITY 'CLAUSE; -"AND PROVIDING. FOR AN
EFFECTIVEDATE.• -
ORDINANCE NO .'f161'4
AN°'ORDINANCE'AMENDING ORDINANCE NO %11000 `AS "
AMENDED','THE ZONING, ORDINANCEOF THE CITY;OF r
MIAMI, FLORIDA, TO INT1.ROD,UCE+NEW'SECTION 950.TO,
ARTICLE 9, TO, ALLOW LIMITED VENDING . ACTIVITIES_."
WITHIN PRIVATE CONSTRUCTION SITES UNTIL A*,CERTI-'
FICATE OF OCCUPANCY IS .ISSUED;' -CONTAINING A•"
REPEALER PROVISION AND A SEVERABILITY-CLAU$E;
PROVIDING FOR AN EFFECTIVE DATE.-
-- ORDINANCE N0.11615.
AN. ORDINANCE AMENDING ORDINANCE NO..11.000, AS,
AMENDED; THE ZONING ORDINANCE -OF THE CITY OF -
MIAMI; FLORIDA, BY AMENDING ARTICLE 9, SECTION
936,:-TO MODIFY THE PARKING REQUIREMENTS TO
'ALLOW, BY SPECIAL EXCEPTION, FOR UP- TO ;A 50.04-.
REDUCTION: IN -PARKING :FOR .CHILD . CARE, CENTERS
LICENSED FOR OVER 100 CHILDREN, I THAT ACCEPT
VOUCHERS :'FOR AND PROVIDE..' CHILD DAYCARE
'SERVICES TO LOW INCOME OR WELFARE RECIPIENTS;.
CONTAINING A REPEALER PROVISION. AND SEVER -
ABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE
I
DATE.
ORDINANCE NO.11616
AN ORDINANCE AMENDING=ORDINANCE-NO. 11000, AS
AMENDED; THE ZONING ORDINANCE.OF--THE CITY.OF'
MIAMI, FLORIDA, BY AMENDING. ARTICLE 6, SECTION
606.8; TO MODIFY PROVISIONS, REGARDING -SETBACKS
WITHIN THE CENTRAL COMMERCIAL -RESIDENTIAL DIS-
TRICT; FURTHER AMENDING 'SUBSECTION - 606.3.2,-.TO .
i MODIFY THE CONSIDERATIONS W CLASS. II `PERMIT .
DETERMINATIONS; CONTAINING ,A REPEALERPROVI-
SION AND SEVERABILITY CLAUSE; AND PROVIDING FOR
} AN EFFECTIVE DATE.
ORDINANCE NO.11617
I AN ORDINANCE AMENDING ORDINANCE NO. 11000; AS
{ AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY -AMENDING, ARTICLE_ 6, SECTION,
602.10.1, TO MODIFY. THE-.METHOD,OF PAYMENT•FOR.
I" -.,SUPPLEMENTARY;PARKING. WAIVERS OF OFF-STREET,
PARKING FOR THE; SD-2 'COCONUT GROVE: CENTRAL -
COMMERCIAL DISTRICT;" CONTAINING A REPEALER
I PROVISION AND SEVtRABILITY CLAUSE; AND PROVID-
INGTOR AN EFFECTIVE DATE.
ORDINANCE NO. 11618
AN ORDINANCE. AMENDING ORDINANCE NO. 110001. AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI,, FLORIDA, BY AMENDING ARTICLE 4, SECTION
401, SCHEDULE OF DISTRICT REGULATIONS,' TO ALLOW
HOTELS, CONDITIONALLY, WITHIN THAT PORTION OF
I THE "R-4' ZONING DISTRICT ALONG THE BRICKELL AVE- '
NUE CORRIDOR AT ITS INTERSECTION WITH SOUTH-
EAST 25TH ROAD;, FURTHER, .TO ALLOW MOTELS AND .
HOTELS BY CLASS 11 SPECIAL PERMIT IN THE-. "C-2
LIBERAL COMMERCIAL DISTRICT; CONTAINING A REPE-.
ALER PROVISION AND SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Said ordinances may be inspected by the public,at the Office of the
City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through
I Friday, excluding holidays, between the hours of-8 a.m. and 5 p.m.
n WALTER J. FOEMAN
09 va CITY CLERK
- (#4T73) -
316 -- - - ------ --- - --- 98-4-030651M