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HomeMy WebLinkAboutO-11618'I.— — A'a 0 0 J-98-95 1/26/98 ORDINANCE NO. 11618 AN ORDINANCE AMENDING ORDINANCE NO. 11000, 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 THE ,"R-4" ZONING DISTRICT ALONG THE BRICKELL AVENUE CORRIDOR AT ITS INTERSECTION WITH SOUTHEAST 25TH ROAD; FURTHER, TO ALLOW MOTELS.' ,AND HOTELS BY CLASS II SPECIAL PERMIT IN,"THE "C-2" LIBERAL COMMERCIAL DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning- Advisory Board, at its meeting V of January 14, 1998, Item No. 5, following an advertised hearing, adopted Resolution No. PAB 09-98 by a vote of six to zero (6-0), RECOMMENDING APPROVAL IN PART AND DENIAL IN PART of amending Zoning Ordinance No. 11000 as hereinafter set forth; and WHEREAS, notwithstanding the decision of the Miami Planning Advisory Board, 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: 11618 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 in the following particulars:l' "ARTICLE 4. ZONING DISTRICTS Sec. 401. Schedule of district regulations. * R-4 Multifamily High -Density Residential. Permitted Principal Uses: * * * 4. Hotels (except in area bounded by &-.W. S_E_ 15 Road; £-W. S-E_ 25 Road; Brickell Avenue and Biscayne Bay, excluding the intersection of S_E_ 25 Road and Brickell Avenue where hotels shall be permitted') . 5. Motels (except in area bounded by &-.W. S_E_ 15 Road; &-.W. S_E_ 25 Road; Brickell Avenue and Biscayne Bay) . 6. Tourist Homes (except in area bounded by 8.W. S� 15 Road; 8-W. S_E_ 25 Road; Brickell Avenue and Biscayne Bay). 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. - 2 - 1618 1 7. Guest Homes (except in area bounded by B S_E_ 15 Road; &-W. S_E_ 25 Road; Brickell Avenue and Biscayne Bay). C-2 Liberal Commercial. Conditional Principal Uses: 1. Motels and hotels by Speeial Exeeptien Class TT Special Permit only. 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. 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 1998. - 3 - 11618 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 24th day of February 1998. ATTEST: J. CITY PREPARED AND APPROVED BY: GEORGE M. WYSONG III ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: EDWARD MA RIM CITY A W434:GKW:BSS XAVIER L. SUAREZ, MAYOR - 4 - 11618 N CITY OF MIAMI, FLORIDA PZ-14 SECOND READING INTER -OFFICE MEMORANDUM TO: Honorable Chairman and Members of the City Commission FROM: Jose Garcia Pedrosa City Manager RECOMMENDATION DATE: February 9, 1998 FILE SUBJECT: Text amendment to Zoning Ordinance 11000 re: Hotels REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission approve the attached amendment to the text of Zoning Ordinance 11000 in order to modify the zoning regulations as they pertain to hotel uses. BACKGROUND The attached amendment to the Zoning Ordinance is in order to allow for two separate modifications regarding hotel uses as follows: 1. To allow for hotel uses within that portion of the R-4 Zoning District along the Brickell Avenue corridor at its intersection with S.E. 256 Road ; and 2. to allow for hotel uses by Class II Special Permit within C-2 Liberal Commercial zoning districts. The first amendment described above is being requested in recognition of the fact that the specific intersection in question (S.E.25``' Road at Brickell Avenue) is located along the entranceway of the Rickenbacker Causeway and therefore in an appropriate location for a hotel use. As written today, the Zoning Ordinance specifically prohibits hotel uses along the Brickell Avenue corridor from S.E. 151h Road to S.E. 25`b Road. This amendment would remove the prohibition for the intersection in question. The second amendment would allow hotel uses within C-2 zoning districts by Class II Special permit in lieu of Special Exception permits (which is what is required today). This amendment is being proposed to facilitate the review and approval process for hotels within C-2 districts. The C-2 district is intended to be a liberal commercial zoning district which allows the majority of the uses already allowed in C-1 Restricted Commercial zoning districts. Hotel uses are permitted generally in C-1 Districts. The purpose of the Special Exception was to ensure that hotel uses would not be adversely • � 1 affected by adjacent liberal commercial uses; the Department of Planning and Development believes that this purpose could just as easily be accomplished through the Class II process and it would facilitate the development `of hotels within appropriate C-2 " areas. The Department of Planning and Development is recommending approval of the proposed amendments finding that the proposed changes to the regulations pertaining to hotels would facilitate the development of hotels within the city. JGP: 1 s • • APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PLANNING FACT SHEET Department of Planning & Development January 14, 1998. Amendment to Article 4, Section 401 of Zoning Ordinance 11000. WWI PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of City of Miami by amending Article 4, Section 401. Schedule of District Regulations to allow hotels, conditionally, within that portion of the R-4 Zoning District along the Brickell Avenue Corridor at its intersection with S.E. 251" Road and to require that hotels and motels be permitted by Class II Special Permit within the C-2 Liberal Commercial Zoning District. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval. Please see attached analysis.. PLANNING ADVISORY BOARD: See attached Resolutions VOTE: -See attached Resolutions CITY COMMISSION Passed First Reading on January 27, 1998. APPLICATION NUMBER 97-062 Item #5 ......................................................................................................................................................................................................................................... CITY OF MIAMI • DEPARTMENT OF PLANNING AND DEVELOPMENT 444 SW 2No AVENUE, 3R1 FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 :...D.a...t'e: .........01 .............................................................................................................................................................................................................: /08/9....8 Page...1 116A RESOLUTION PAB -09-98 A RESOLUTION RECOMMENDING THAT APPLICATION. NO. 97-062, PROPOSING AN AMENDMENT TO ARTICLE 4 OF ZONING ORDINANCE 11000, PERTAINING TO HOTELS, BE SPLIT IN TO TWO SEPARATE APPLICATIONS TO BE NUMBERED 97-062-1 AND 97-062-2, IN ORDER FOR THE PLANNING ADVISORY BOARD TO BE ABLE TO MAKE SEPARATE RECOMMENDATIONS. HEARING DATE: January 14, 1998 ITEM NO. 5 VOTE: 6-0 ATTEST Goiddes Slazyk, Assistant D' r Department of Planning and Development 11618� RESOLUTION PAB -10-98 A RESOLUTION RECOMMENDING APPROVAL TO ALLOW FOR HOTEL USES WITHIN THAT PORTION OF THE R-4 ZONING DISTRICT ALONG THE BRICKELL AVENUE CORRIDOR AT ITS INTERSECTION WITH S.E. 25THROAD. HEARING DATE: January 14, 1998 ITEM NO. 5 VOTE: 6-0 ATTEST,-'1-4w,/11A,Y�- Cl—�Zurdes Slazyk, Assist irector Department of Planning and Development 1161or RESOLUTION PAB -11-98 A RESOLUTION RECOMMENDING USES BY' CLASS II SPECIAL COMMERCIAL ZONING DISTRICTS. HEARING DATE: January 14, 1998 ITEM NO. 5 VOTE: 5-1 DENIAL TO ALLOW FOR HOTEL PERMIT WITHIN C-2 LIBERAL ATTEST: 4esZSlVazyk.Assistant D' r Department of Planning and Development Analysis for Case No. 97-062 Amendment to Article 4 of Zoning Ordinance 11000 to modify regulations pertaining to hotel uses within certain districts. The proposed amendment to the Zoning Ordinance is in order to allow for two separate modifications regarding hotel uses as follows: 1. To allow for hotel uses, conditionally, within that portion of the R-4 Zoning District, along the Brickell Avenue corridor at its intersection with S.E. 25' Road ; and 2. to allow for hotel uses by Class II Special Permit within C-2 Liberal Commercial zoning districts. The first amendment described above is being requested in recognition of the fact that the specific intersection in question (S.E.25' Road at Brickell Avenue) is located along the entranceway of the Rickenbacker Causeway and therefore in an appropriate location for a hotel use. As written today, the Zoning Ordinance specifically prohibits hotel uses along the Brickell Avenue corridor from S.E. 15' Road to S.E. 25' Road. This amendment would remove the prohibition for the intersection in question. The second amendment would allow hotel uses within C-2 zoning districts by Class II Special permit in lieu of Special Exception permits (which is what is required as written today). This amendment is being proposed to facilitate the review and approval process for hotels within C-2 districts. The C-2 district is intended to be a liberal commercial zoning district which allows the majority of the uses already allowed in C-1 Restricted Commercial zoning districts and then adds a host of more liberal commercial uses. The purpose of the Special Exception was to ensure that hotel uses would not be adversely affected by adjacent liberal commercial uses; the Department of Planning and Development believes that this purpose could just as easily be accomplished through the Class II process and it would facilitate the development of hotels within appropriate C-2 areas. The Department of Planning and Development is recommending approval of the proposed amendments finding that the proposed changes to the regulations pertaining to hotels would facilitate the development of hotels within the city. 11618 Of (.ffl,. an* 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 11611 11612 11613 11614 11615 11616 11617 E-1618� 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 kitu of fflT-.A WALTER J. FOEMAN City Clerk May 13, 1998 Evelyn Jefferson Municipal Code Corp. P.O. Box 2235- Tallahassee, FL 32316 Dear Ms. Jefferson u n d C.'V 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 11611 11612 11613 11614 11615 11616 11617 =r1;6T8 If I can be of any further assistance, please do not hesitate to call. Yours truly, vi Gal lastegui-Alonso Deputy City Clerk Enc. OFFICE OF THE CITY CLERK/ 3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233A305) 250-5360/FAX: (305) 858-1610 WALTER J. FOEMAN City Clerk May 13, 1998 Isel Fernandez Maldonado Court Operations Officer 1351 Northwest 121h Street Room 8100 (8`h Floor) Miami, FL 33125 Dear Ms. Maldonado: faij of ffliaral c�'V OF b JFCo., FAO•• 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 .11611 11612 11613 11614 11615 11616 11617 6[16718 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 Clerl 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) 856-1610 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. 11618 inthe.......................XXX•XX....................................... 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 affiitnt further says that she has neither paid ryx promisedd an , r corporation any disco. ajhebate, commis refund f the purpose of secur- a this advertis publics n in the said ,Q41fo,rpfo and subscri d o me this 6 arch 98 ,....dG of..... .......................................... A.D. 19...... .............V.`.....«..,r,,,`.rtj y . w �..�...y......r . .. (SEAL) P OFFICIAL NOTA 7 SEAL V1_ 9�� JANETT LLERENA Octelma V. Ferbeyre 4047 to MMMISSION NUMBER o CC566004 91 �� My COMMISSION EXPIRES FOF FAO JUNE 23,2000 OF MIAMI, .FLORIDA LEGAL NOTICE I All interested persons will take notice that on the .24th, day :of February, :1998, `the- City Commission of Miami, ' Florida, adopted the , i following titled ordinances: ORDINANCE NO.11610 .: " 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, 1-195 AND NORTHEAST 36TH : STREET, INCLUDING LOTS 1, 2, 23 AND 24 OF BLOCK 10 OF PRINCESS PARK SUBDIVISION, FROM RESTRICTED: COMMERCIAL TO GENERAL .COMMERCIAL; • MAKING — FINDINGS;- DIRECTING TRANSMITTALS TO AFFECTED AGENCIES;. CONTAINING A REPEALER PROVISION .AND, A `SEVERABILITY' CLAUSE; AND PROVIDING FOR AN,. EFFECTIVE DATE: <,- - - - - ORDINANCE NO. 11611> AWORDINANCE WITH ATTACHMENT, AMENDING PAGE NO. 23 AND PAGE NO. 36 OF THEZONING-ATLAS OF THE:CITY OF MIAMI, FLORIDA, BY CHANGING THE.ZON- , ING_CLASSIFICATION FROM C-1. "RESTRICTED'COM MERCIAL' TO SD-6 _'CENTRAL COMMERCIAL RESIgEN . TIAL DISTRICT" FOR PROPERTY GENERALLY BOUNDED , BY- NORTHEAST 11TH ' TERRACE ON THE -•NORTH, .__. NORTHEAST. 2ND AVENUE -ON THE WEST, BISCAYNE . BOULEVARDION THE -EAST AND THAT: PORTION:OF'THE' F.E.C. RIGHT=OF-WAY LOCATED BETWEEN NORTHEAST 6TH STREET -AND NORTHEAST 7TH-;:STREET'OWTHE•`` '-SOUTH'MAKING FINDINGS; CONTAINING A REPEALER' PROVISION. AND A SEVERABILITY, CLAUSE; `AND PRO- VIDING FOR AN EFFECTIVE DATE y 0.: -ORDINANCE NO:11612.. `. AN=ORDINANCE AMENDING ORDINANCE NO.,110001,THE ZONING:ORDINANCE,:BY AMENDING ARTICLE 6, TO;ADD NEW SECTION 602.4.1.3, ENTITLED SALES DISPLAY AND SERVICE ACTIVITIES WITHIN OPEN OR .PARTIALLY OPEN SPACE; tO MODIFY EXISTING PROVISIONS,AND ALLOW. CERTAIN._COMPONENTS OF SAID USESBY SPECIAL :EXCEPTION AND CLASS II SPECIAL PERMIT WITHIN':OPEN SPACE FOR THE SD-2 COCONUT,'GROVE •" CENTRAL,: COMMERCIAL. DISTRICT; CONTAINING A' ! REPEALER PROYISIONEAND iA SEVERABILITY GLAUSE;jItA AND`PROVIDING FOR'AN.EFFECTIVE DATE a , •,->� ; .;r ORDINANCE NO. 11613 . AN ORDINANCE AMENDING ORDINANCE NO. 11000,� AS --AMENDED, THE ZONING ORDINANCE OF THE -CITY -OF MIAMI, PLORIDA, .BY AMENDING 'ARTICLE 4-SECTION 401,.SCHEDULE OF DISTRICT REGLILATIONS,'.TO'MODI-' FY.• THE -LIST OF PERMITTED- PRINCIPAL' AND.'CONDI- TIONAL PRINCIPAL USES IN THE "CBD' CENTRAL_BUST- NESS DISTRICT RELATING _ TO GENERAL WHOLESALE ACTIVITIES; CONTAINING,.REPEALER PROVISION' AND, A. SEVERABILITY USE; AND PROVIDING:`<FOR AN' EFFECTIVE GATE ORDINANCE NO 11614" AN ORDINANCE AMENDING ORDINANCE NOi711000 AS' AMENDED, THE ZONING ORDINANCE OF THE CITY OF, , ; MIAMI, FLORIDA TO'INTRODUCE.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 .CLAUSE; PROVIDING FOR AN EFFECTIVE DATE... �j • ORDINANCE NO. 11615 -AN:ORDINANCE AMENDING` ORDINANCE NO 11000 AS: - AMENDED, THE ZONING .ORDINANCE OF THE CITY. OF MIAMW FLORIDA, BY AMENDING ARTICLE 9,' SECTION 936, TO.' MODIFY =THE ,PARKING REQUIREMENTS TO: ALLOW; BY SPECIAL EXCEPTION, FOR UP TO A 50% i . REDUCTION IN PARKING FOR CHILD-CARE CENTERS LICENSED . FOR OVER 100 CHILDREN,' THAT ACCEPT ' VOUCHERS FOR +AND -PROVIDE , CHILD- DAYCARE SERV16ESTO LOW-INCOME OR WELFARE RECIPIENTS; CONTAINING A. REPEALER PROVISION .AND SEVER - ABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE i. DATE. ORDINANCE NO.11616 I 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 606.3.2e.TO i MODIFY THE CONSIDERATIONS IN CLASS 11' PERMIT DETERMINATIONS; - CONTAINING A REPEALER-- PROVI- SION AND SEVERABILITY CLAUSE; AND PROVIDING, FOR AN EFFECTIVEDATE.. 1 - ORDINANCE NO.11617 l AN ORDINANCE AMENDING ORDINANCE -`NO. 11000, AS . t AMENDED, THE ZONING ORDINANCE OF THE CITY, OF MIAMI, FLORIDA, BY AMENDING ARTICLE:6, SECTION,> 602:10A, TO MODIFY THE METHOD --OF PAYMENT FOR SUPPLEMENTARY PARKING WAIVERS OF OFF-STREET t PARKING' FOR; THE SD-2 'COCONUT GROVE CENTRAL'-- —=-'= COMMERCIAL e DISTRICT;" CONTAINING A REPEALER -PROVISION AND SEVtRABILITY CLAUSE; AND PROVID- ING FOR•AN EFFECTIVE DATE. ORDINANCE NO. 11618 AN' -ORDINANCE AMENDING OR NO. 11000, 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 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, 35W Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8. a.m. and-5•p.m. - WALTER.J. FOEMAN 090E-em�`�ov CITY CLERK (#4T73) . 98-4-030651M