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Home My WebLink AboutO-11459J-97-3 2/19/97 ORDINANCE NO. 1 i 4,S AN ORDINANCE AMENDING, THE ZONING ORDINANCE, SECTION 401 TO FURTHER RESTRICT THE IMPLEMENTATION OF CERTAIN CONDITIONAL PRINCIPAL USES IN R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL ZONING DISTRICTS; AND SECTION 2502, TO AMEND AND CLARIFY CERTAIN DEFINITIONS RELATED TO THE AFOREMENTIONED CONDITIONAL USES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of December 18, 1996, Item No. 2, following an advertised hearing, adopted Resolution No. PAB 69-96 by a vote of eight to zero (8-0), 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- 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. 11450 0 0 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 4. ZONING DISTRICTS Sec.401. Schedule of district regulations. R-3 Multifamily Medium -Density Residential. Conditional Principal Uses: Same as for R-2 Two -Family Residential and: 1. Community based residential facilities, with more than fourteen (14) to a maximum of fifty (50) clients, permitted only by Special Exception with city commission approval, subject to the requirements and limitations of section 934. 2. Adult daycare centers shall be permitted by Class 'I Special Permit if for four (4) or less clients and by Class II Special Permit if for five (5) or more adults, subject to the requirements and limitations of section 935, Adult daycare centers. 3. Convalescent homes, health —sa+p+es, and nursing homes; * nstotufiens fein the aged OF inf*Fm and orphanages, permitted only by Special Exception with City Commission approval. Said uses shall be implemented at a minimum distance of one thousand two hundred (1,200) feet from one another if their capacity is less than or equal to fourteen (14) persons and at a minimum distance of, two thousand five hundred (2,500) feet from one another if their capacity is greater than fourteen (14) persons. l� 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 11459 Said distance shall be measured in a radial fashion from the boundary line of the property wherein such a use is in existence 4. Child daycare centers shall be permitted by Class I Special Permit for up to nine (9) children, by Class II Special Permit for ten (10) to Twenty (20) children, subject to the requirements and limitations of section 936, Child daycare centers. 5. Rooming or lodging houses by Special Exception only. 6. Places of Worship, primary and secondary schools, only by Special Exception. 7. Health clinics by Special Exception with City Commission approval; provided that in that R-3 district along Brickell Avenue bounded by SE 26`" Road and SE 15`' Road, said h shall be instituted subject to the following conditions: a) There shall be only one (1) licensed practitioner in the clinic and in addition, medical and clerical staff not to exceed three (3) persons in number. b) They shall be allowed only as adaptive reuses of existing single family residential structures (as of February 27 1997) within the district and are expressly prohibited within Duplex and Multifamily residential structures. c) Parking shall be provided on -site at the rate of one (1) parking space per two hundred and fifty (250) square feet of gross floor area. ARTICLE 25. DEFINITIONS Sec. 2502. Specific definitions. Clinic, medical or dental. Establishments providing medical, surgical and other health care services to individuals, including offices of physicians, dentists and other health care practitioners and customary 3 11459 accessory types of medical or dental services and not involving the overnight stay of patients. Convalescent homes. See Extended care facility. Extended care facility or nursing home. An institution which is licensed by the State of Florida to provide health care or medical supervision for twenty-four (24) or more consecutive hours for three (3) or more persons not related to the governing authority by blood, marriage or adoption. coo also Nursing home-. Health clinic. See Clinic, medical or dental. Nursing home or extended care facility. An institution which is licensed by the State of Florida to provide health care or medical supervision for twenty-four (24) or more consecutive hours for three (3) or more persons not related to the governing authority by blood, marriage or adoption. 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. 4 i1459 PASSED ON FIRST READING BY TITLE ONLY this 2'�rd day of January , 1997. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of February , 1997. ATTEST: WALTER J. AN CITY CLERK PREPARED AND APPROVED BY: J 4EDWARD M WELL PUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: CITY w224.DOC ROLLO, MAYOR 5 11459 PZ-24 SECOND READING APPLICANT PAB HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PLANNING FACT SHEET Department of Community Planning and Revitalization. December 18, 1996 Amendment to Articles 4 and 25 of Zoning Ordinance 11000. Not applicable. PETITION Consideration of amending Article 4 Section 401 "Schedule of District Regulations" of Zoning Ordinance 11000, as amended, in order to further restrict the implementation of certain conditional principal uses in the R-3 Multifam#y Medium -Density Residential zoning district and Article 25, Section 2502 in order to amend and clarify certain definitions related to the aforementioned conditional uses. PLANNING Approval. RECOMMENDATION BACKGROUND AND -Pursuant to a request by the City Commission to address the ANALYSIS concerns of some residents of the Brickell Avenue and Miami Roads area regarding the implementation of certain conditional principal uses in the R-3 zoning district, this department has drafted the amendments to the Zoning Ordinance herein proposed. The ;.<a"WO~; IP #N hW of the R-3 Multifamily Medium -Dabs Rest Ems- seeks to modify.. the regukw •nursing homes" in order f* Pict 8ism „se as : `do minknize their potential adverse kupad, wn the tNN'lit�; PLANNING ADVISORY BOARD Approval. CITY COMMISSION passed First Reading on CC 1/23/97. APPLICATION NUMBER 96-273 VOTE: g-0 Item #2 Date: 12/11/96 Page 1 11459 • • RESOLUTION PAB - 69-96 A RESOLUTION TO RECOMMENDING APPROVAL TO AMEND ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, OF ZONING ORDINANCE NO. 11000, AS AMENDED, IN ORDER TO FURTHER RESTRICT THE IMPLEMENTATION OF CERTAIN CONDITIONAL PRINCIPAL USES IN THE R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL ZONING DISTRICT AND ARTICLE 25, SECTION 2502 IN ORDER TO AMEND AND CLARIFY CERTAIN DEFINITIONS RELATED TO THE AFOREMENTIONED CONDITIONAL USES. THIS RECOMMENDATION WAS MADE WITH THE LANGUAGE EXCEPTION OF SECTION 7 AS INDICATED BELOW: 7. HEALTH CLINICS BY SPECIAL EXCEPTION WITH CITY COMMISSION APPROVAL; PROVIDED THAT i'`T Tu a -r v 2 njS2:R jCx 15"--RQAQ, SAID HEALTH CLINICS SHALL BE INSTITUTED SUBJECT TO THE FOLLOWING CONDITIONS: a) THERE SHALL BE ONLY ONE (1) LICENSED PRACTITIONER IN THE CLINIC AND IN ADDITION, MEDICAL AND CLERICAL STAFF NOT TO EXCEED THREE (3) PERSONS IN NUMBER. b) THEY SHALL BE ALLOWED ONLY AS ADAPTIVE REUSES OF EXISTING SINGLE FAMILY RESIDENTIAL STRUCTURES WITHIN THE DISTRICT AND ARE EXPRESSLY PROHIBITED WITHIN DUPLEX AND MULTIFAMILY RESIDENTIAL STRUCTURES. c) PARKING SHALL BE PROVIDED ON -SITE AT THE RATE OF ONE (1) PARKING SPACE PER TWO HUNDRED AND FIFTY (250) SQUARE FEET OF GROSS FLOOR AREA. 11459. • HEARING DATE: December 18, 1996 VOTE: 8-0 ATTEST: G��vsv►N� Jack Luft, Director Department of Community Planning and Revitalization 11415,5 • 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, 11459 Inthe ....................... XX•KXX...................................... Court, was published In said newspaper in the Issues of Apr 8, 1997 Aftiant 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 attiant further says that she has neither paid nor promised any peroo or corporation any discoyyyyW��t, rebate, commissl refun for the purpose of secyrf his advertise f public lion In the said new=e" r✓ E53 (SEAL) li Octelma V. Ferbeyre am to and subscribed before me this )r11 97 .. A.D.19...... -,,r- -.9 JANETT LLERENA O el 2 W,�a� n COMMISSION NUMBER CC566004 +' aQ MY COfvtMlS-=N tiXPIRES �OF F-O' JUKE 23,2000 CITY OF MWIi FLORIDA >" 3_ LEGOTICE .All interested persons will take notice, that on the 27th day of.Febru- ary, 1997, the City Commission of Miami, Florida, adopted the follow- ing.titled'ordinances: , ORDINANCE NO. 11448. AN .ORDINANCE AMENDING THE FUTURE LAND, USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF_PRO- PERTY LOCATED AT, APPROXIMATELY 3240 FLORIDA AVENUE, FROM SINGLE FAMILY RESIDENTIAL TO RE- STRICTED COMMERCIAL; MAKING FINDINGS; DIRECT- ING- TRANSMITTALS TO AFFECTED AGENCIES; CON- , TAINING A REPEALER PROVISION AND A SEVERABILITY .. CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. , :'ORDINANCE NO. 11449 AN ORDINANCE AMENDING THE FUTURE LAND -USE MAP OF THE COMPREHENSIVE: NEIGHBORHOOD PLAN. BY CHANGING THE .LAND USE. DESIGNATION OF THE _ PROPERTY LOCATED AT APPROXIMATELY 7450 NORTH MIAMI AVENUE, FROM MEDIUM. DENSITY RESIDENTIAL TO GENERAL COMMERCIAL; 'MAKING FINDINGS;' DIR- ECTING TRANSMITTALS TO AFFECTED AGENCIES; E CONTAINING A REPEALER PROVISION AND A SEVER - ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. _ ORDINANCE NO. 11450•. AN�ORDINANCEAMENDING THE. ZONING. ATLAS OF THE " ± ZONING -ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401; ,SCHEDULE' OF DISTRICT REGULATIONS, BY". CHANGING THE ZONING CLASSI FICATION_ FROM -R-3, MULTI -FAMILY• MEDIUM -DENSITY RESIDENTIAL TO C-2, LIBERAL COMMERCIAL, FOR -,.THE PROPERTYLOCATED AT 7450 NORTH 'MIAMI_AVENUE,- MIAMI, FLORIDA-,`AND BY MAKING ALL THE NECESSARY' , CHANGES ON PAGE. NO. 10 OF SAID.ZONING ATLAS;., CONTAINING A REPEALER PROVISION AND.A_ SEVER+',. .: ABILITY CLAUSE . _ ORDINANCE NO. 11451. 1 AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD, PLAN'_' •;: BY CHANGING THE LAND. USE DESIGNATION -OF -THE PROPERTY LOCATED; AT APPROXIMATELY 200 SOUTH- WEST" 13TH STREET; , FROM OFFICE . TO RESTRICTED COMMERCIAL;- MAKING- FINDINGS; DIRECTING TRANS- MITTALS,' TO AFFECTED AGENCIES; CONTAINING 'A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN' EFFECTIVE` DATE. ' ORDINANCE NO. 11452. . AN ORDINANCE, WITH ATTACHMENT(S); AMENDING THE ZONING ATLAS OF THE ZONING ORDINANCE OF THE CITY OF 'MIAMI, - FLORIDA; ARTICLE .4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, BY'•CHANGING. THE ZONING CLASSIFICATION FROM O-OFFICE TO'C'1 :.:RESTRICTED COMMERCIAL FOR-THE'PROPERTY LOC- ATED'AT THE. SOUTHWEST CORNER OF SOUTHWEST . '�2ND AVENUE"AND'CORAL'1NAY,�'MIAMI;'`FLORIDA; AND"'may' BY MAKING ALL THE NECESSARY CHANGES. ON PAGE NO. 37 OF :. SAID ,. ZONING ATLAS;_ CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.. ORDINANCE NO. 11453 I AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE ZONING ATLAS -0F�THE ZONING ORDINANCE. OF THE CITY' OF MIAMI, FLORIDA, . ARTICLE 4, SECTION 401, - .` SCHEDULE OF. DISTRICT REGULATIONS, BY CHANGING THE ZONING CLASSIFICATION FROM C-1 RESTRICTED :.COMMERCIAL ,TO R-4 MULTI -FAMILY HIGH -DENSITY L RESIDENTIAL FORTHE PROPERTY LOCATED AT 669` DOUGLAS ROAD AND VACANT LOT ON. SOUTHWEST 37TH AVENUE AND 6TH STREET, MIAMI, FLORIDA,,AND BY MAKING ALL -THE NECESSARY:CHANGES ON; PAGE NO.- '33 OF SAID ' ZONING : ATLAS- CONTAINING'"A'% REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.r11454 AN ORDINANCE AMENDING: THE ZONING: ORDINANCE BY AMENDING SECTIONS 401 AND 2502,-AND ADDING A NEW SECTION 945, INCLUSIVELY; ,TO CODIFY NEW REGULATIONS PERTAINING TO `PHARMACEUTICAL t LABORATORIES"; CONTAINING A REPEALER PROVISION AND SEVERABILIT.Y_CLAUSE; AND.,PROVIDING..FOR_AN ,___EFFECTIVE DATE.___- _ A' ORDINANCE NO: 11455 AN -ORDINANCE,.AMENDING THE ZONING ORDINANCE ` BY AMENDING-- -SECTION. '151 11'`ENTITLED:: "CLASS II. SPECIAL PERMIT REQUIRED FOR ANY- DEVELOPMENT: BETWEEN BISCAY,NE_BAY•AND;THE;FIRST. DEDICATED: .:! 'RIGHT-OF-WAYJ" TO'INCCUDE;-PROPOSAL& FOR DEV-. ELOPMENT BETWEEN`THE'MIAMI RIVER AND.THE;FIRSTt o _ I DEDICATED-'RIGHT-OF=WAY: UNDER" SUCH SCOPE OF c -', I i ' :REVIEW; CONTAINING":4 REPEALER PROVISION AND " - SEVERABILITY CLAUSE;, ;AND 'PROVIDING' FOR AN -EFFECTIVE DATE: ; _O R D I NANC E• NO' 11456 . . , AN ORDINANCE. AMENDING THE 'ZONING ORDINANCE BY AMENDING SECTION 401-, SCHEDULE. OF .DISTRICT REGULATIONS, CBD CENTRAL BUSINESS DISTRICT TO'_ =_ REVISE EXISTING' REGULATIONS'FOR,_SIGNAGE AND OTHER- APPURTENANCE S"FURTHER; AMENDING SEC-_' ` x -r'JION 2502•TOREVISE ;'AND _d RIFY,EXISTING-DEFT-`,'�:'I NITIONS FOR` SIG NAGE;` CONTAINING A REPEALER„—PROVISION,;A SEVERABILITY CLAUSE;_AND PROVIDING'`. I FOR AN EFFECTIVE DATE i t; .: ORDINANCE'N0.11457 AN ORDINANCE`AMENb NG Tk* ZONING ORDINANCE I BY AMENDING SECTION 1513.,AND INTRODUCING NEW I SECTION '-1520 TOJPROVIDE' FOR: A .CERTIFICATE Or ' COMPLIANCE 'IN-LIEU'OF A CLASS II `SPECIAL•"PERMIT AND ESTABLISH CRITER+A'AND STANDARDS THEREOF" PROVIDING •FOR APPEALS; CONTAINING' A'REPEAl1ER,_ PROVISION -AND 8EVERABILITY ` CLAUSE AN6: PRO `'VIDING-FOR ANEFFEGTIVE DATE. ENO. "11458 ' ' f AN ORDINANCE AMENDING SECTION .62 61 OF THE _ "CODE -OF THE CITY OF MIAMI=FLORIDA,'AS AMENDED ENTITLED: "SCHEDULE OF FEES," TO ESTABLISH AP- PLICABLE FEES FOR CERTIFICATES OF COMPLIANCE IN -LIEU -OF, CLASS 11 SPECIAL PERMITS; `CONTAINING A REPEALER PROVISION; A SEVERABILITY CLAUSE;' AND PROVIDING FOR AN EFFECTIVE DATE. _ ORDINANCE NO. 114 AN ORDINANCE AMENDING THE NG ORDINANCE, SECTION 401 -TO'FURTHER RESTRICT THE IMPLEMENT ATION OF CERTAIN CONDITIONAL PRINCIPAL: USES, IN R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL ZON- ING' DISTRICTS; ,AND SECTION- 2502, TO AMEND AND CLARIFY ..CERTAIN - DEFINITIONS RELATED TO, . THE. AFOREMENTIONED CONDITIONAL USES; CONTAINING A: J REPEALER PROVISION, A SEVERABILITY CLAUSE; AND l 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' Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. i _ WALTER J. FOEMAN CITY CLERK. (#4653) { 4/8. In