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Home My WebLink AboutO-11501J-97-70 2/12/97 ORDINANCE NO. 11501 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 1605 TO MODIFY THE , PROVISIONS REGARDING MODIFICATIONS TO AN APPROVED SPECIAL EXCEPTION PERMIT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of January 22, 1997, Item No. 3, following an advertised hearing, adopted Resolution No. PAB 05-97 by a vote of seven to zero (7-0), 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. 11501 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 16. SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS Section 1605. Changes in original applications; notices; hearings. Sec. 1605.1. Requirements concerning changes in original applications after ^rGGessi„g begin� Sec. 1605.1.1. Requirements concerning changes in original ajoo ications after processing begins and prior to a final approval. Changes may be made in the original application only by following the requirements of Section 2215. Sec. 1605.1.2. Requirements concerning changes in original applications after final approval. Changes in an approved Special Exception may be permitted after application to the director of the department of.community planning and revitalization by the original applicant or successors in interest Upon receipt of such an application the'dirEictor of the department of community planning and revitalization shall refer the application to the zoning. administrator, who shall 'determine whether such changes are substantial changes, as defined in section 2215.1 of this ordinance. If the proposed changes are. determined to be substantial the changes shall be treated as a proposed new application for Special Exception Permit. 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 11501 • 13 If the proposed changes are determined to be nonsubstantive the director of the department of communitV planning and revitalization shall be responsible for the review and subsequent approval denial. or approval with conditions of the proposed modifica_tion(s) upon submittal by the applicant of: (1) a letter of intent clearly stating the proposed modification(s). (2) plans or supporting materials clearly showing the proposed modifications. (3) proof of certified notification regarding the request for modification to adjacent property owners. (4 a fee for "nonsubstantive modification", of a Special Exception Permit as specified in the Code of the City of Miami (Section 62-61). Sec. 1605.2: Notice on Special Exceptions Formal notice and hearing, as provided in the Code of the City of Miami, section 62-55, subsections (1), (2), (3) . and (4) shall be required in connection with Special Exceptions, and a public hearing shall be held by the zoning board. 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 47th day of February 1997. c 11501 E C7 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 22nd day of May , 1997. P AROLLO, MAYOR ATTEST: WALTER J. AN CITY CLERK PREPARED AND APPROVED BY: V,06Y /,01// EL EDWARD � AXWELL EPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: W243jem.doc 4 11501 J APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION ® PZ-16 SECOND READING PLANNING FACT SHEET Department of Community Planning and Revitalization. January 22, 1997. Amendment to Article 16 of Zoning Ordinance 11000. Not applicable PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, by amending Article 16, in order to modify the provisions regarding non -substantial modifications and thereby include procedures to allow for such modifications to an approved Special Exception Permit. PLANNING Approval. RECOMMENDATION BACKGROUND AND The proposed amendment seeks to establish a procedure by ANALYSIS which nonsubstantive modifications, as defined in Section 2215.1 of the Zoning Ordinance can be allowed to Special Exception Permits which have already been approved. This concept is not new to the ordinance in that the procedure already exists for Major Use Special Permits. In the administration of the zoning ordinance and special permits, it becomes apparent at times that a particular project requires minor changes or fine-tuning after it has received it's final approval. It seems unreasonable to subject the applicant to a process which has already been done for the project if indeed the proposed changes are nonsubstantial. This amendment will allow for nonsubstantive modifications to approved projects administratively. PLANNING P,DVISORY BOARD: Approval. VOTE: 7-0 CITY COMMISSION: Passed First Reading on CC 2/27/97. Continued from CC 3/27/97. APPLICATION NUMBER 97-003 Item #3 uate: uzi19/9t Page 1 11501 RESOLUTION PAB - 05-97 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ARTICLE 16, OF ZONING ORDINANCE NO. 11000, AS AMENDED, IN ORDER TO MODIFY THE PROVISIONS . - REGARDING NON -SUBSTANTIAL MODIFICATIONS AND THEREBY INCLUDE PROCEDURES TO ALLOW FOR SUCH MODIFICATIONS TO AN APPROVED SPECIAL EXCEPTION PERMIT. THIS ITEM WAS RECOMMENDED FOR APPROVAL SUBJECT TO THE INCLUSION OF A PROVISION WHICH WOULD REQUIRE NOTIFICATION TO ADJACENT PROPERTY OWNERS. HEARING DATE: January 22, 1997 VOTE: 7-0 ATTESTZe '// j_.1 Jack Luft, irector Department of Community Planning and Revitalization 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 Sookle 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 Dade County, Florida; that the attached copy of advertisement, . being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11502 In the .............. XXXXX ..................... Court, was published In said newspaper In the Issues of Jun 20, 1997 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 mall 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 cop a ertisement; and afflant further says that she has neI or pal nor promised any person, firm or corporation an disco nt, rebate, commission or refund for the purpose of secur g this advertisement for publication In the said 20 Sworn toeand subscribed b me thig day of, .... 'I.9...... (SEAL) Iliams A� ,c � rt JANETT LLERENA person � COdIMiSSIOrI N '1 f� � y�'i•`�: � CCb6G004 /F ti' 5�; MY COMMISSION EXPIRES OF FAO JUNE 23,2000 - CITY"OF-MIAMI; FL"Oi;IDA" -- . LE4 NOTICE All interested persons will taTce•notice that on the 22nd day of May,l 1997, the City Commission of Miami', Florida; adopted the following ti-1 tied ordinances: ORDINANCE NO. 11489 AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL k REVENUE FUND ACCOUNT; ENTITLED: "SOCIAL PRO- GRAM. NEEDS/WELFARE REFORM" FOR THE RECEIPT f OF FUNDS TO. BE- ACCEPTED BY THE .CITY -AS -DONA- TIONS FROM THE PRIVATE *SECTOR AND -. OTHER EXTERNAL SOURCES TO PROVIDE -ASSISTANCE TO THOSE INDIVIDUALS NEGATIVELY IMPACTED BY THE - NEWLY ENACTED FEDERAL WELFARE REFORM ACT; " AUTHORIZING THE CITY MANAGER TO: (1) ACCEPT AND DEPOSIT ANY AND -ALL DONATIONS RECEIVED.BY THE CITY -TO- SAID ACCOUNT; .(2) ACCEPT AND -DEPOSIT CITY FUNDS TRANSFERRED TO SAID ACCOUNT; (3) SOLICIT FOR DONATIONS; "(4) EXECUTE ANY DOCU- MENTS, 1N A FORM ACCEPTABLE TO THE CITY J ATTORNEY, IF -NECESSARY, TO IMPLEMENT ' ACCEPT- ANCE OF SAID DONATIONS; AND (5) ALLOCATE SAID DONATED AND TRANSFERRED FUNDS AS DEEMED "� APPROPRIATE BY THE CITY COMMISSION AND/OR THE CITY MANAGER IN AN AMOUNT NOT TO -EXCEED THE TOTAL- MONIES 'DEPOSITED 'INTO SAID ACCOUNT; CONTAINING A REPEALER PROVISIONAND, A SEVER- -ABILITY CLAUSE. ORDINANCE NO. 11490 ' AN ORDINANCE AMENDING, THE FUTURE LAND" USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATIONS OF THE PROPERTY LOCATED -AT APPROXIMATELY 521-23-25-27- 35-45 NORTHWEST`23RD1COURT, FROM -DUPLEX RESI- DENTIAL TO MULTI -FAMILY MEDIUM DENSITY RESIDEW ! TIAL; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PRO- 1 VISION AND A SEVERABILITY CLAUSE; AND PROVIDING" FOR AN EFFECTIVE DATE:" - ' ORDINANCE NO.-11491 AN ORDINANCE AMENDING THE ZONING ATLAS OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4; SECTION 401, SCHEDULE OF DISTRICT REG- ULATIONS,.BY CHANGING THE ZONING CLASSIFICATION FROM ' R-2 TWO-FAMILY RESIDENTIAL TO R-3 MULTI- FAMILY•MEDIUM-DENSITY •RESIDENTIAL, FOR THE PRO- PERTY LOCATED AT 521-23/525-27/535-37 . AND "545 NORTHWEST 23RD COURT, MIAMI, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES ON PAGE N.O. 4 3OF SAID ZONING ATLAS' CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 11492 ' AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE'6, SECTION 617. SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT, TO PROVIDE FOR DEVELOPMENT BONUSES FOR THE. PORTION OF THE DISTRICT BOUNDED BY MCFARLANE ROAD, SOUTH BAYSHORE DRIVE, MARY STREET' AND PORTIONS OF GRAND AVENUE; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE: ORDINANCE NO. 11493 ' AN ORDINANCE, WITH ATTACHMENT, AMENDING THE FUTURE "LAND USE"MAP"OF THE COMPREHENSIVE NEIGHBORHOOD -PLAN BY CHANGING THE LAND USE DESIGNATIONS OF THE- PROPERTIES LOCATED AT AP- PROXIMATELY 2609-11-21-28, NORTHWEST 3RD STREET AND PARKING LOT, FROM DUPLEX, RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS: DIR- ECTING TRANSMITTALS TO AFFECTED AGENCIES; CON- TAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE•DATE. ORDINANCE NO. 11494 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 R-2 TWO-FAMILY RESIDENTIAL TO C-1 RESTRICTED COMMERCIAL FOR THE PROPERTY LOCATED AT 2609/2611/2621/2623 NORTHWEST 3RD STREET AND PARKING LOT, MIAMI, FLORIDA, AND BY MAKING ALL THE NECESSARY CHANGES -ON PAGE NO. 34 OF SAID. ZONING ATLAS: CONTAINING A REPEALER PROVISION -AND A SEVER- ORDINANCE NO. 11 AN ORDINANCE AMENDING, -THE Act- ORDINANCE OF •THE` CITY" OF MIAMI BY AMENDING SECTION 401, "SCHEDULE OF DISTRICT REGULATIONS,- TO CODIFY A. DETERMINATION OF USENOT SPECIFIED ,ALLOWING 'HEALTH SPA OR STUDIO'. AS A PERMITTED PRINCIPAL USE- IN. OFFICE DISTRICTS; AND AMENDING -SECTION' 2502,!TO CLARIFY THE DEFINITION OF 'HEALTH'SPA OR STUDIO'; CONTAINING A REPEALER PROVISION, A SEV ERABILITY•.CLAUSE AND PROVIDING FOR-AN_.EFFEC TIVE DATE. ` - ORDINANCE NO._11496 AN ORDINANCE,' WITH ATTACHMENT(S),: RESCINDING 'ORDINANCE -NO. 11207,-ADOPTED DECEMBER 1�, 1994'. IN ITS ENTIRETY;. AND AMENDING ORDINANCE' NO. 10544; AS AMENDED, THE MIAMI COMPREHENSIVE . . NEIGHBORHOOD PLAN 1989-2000, GOALS, OBJECTIVES 'AND POLICIES, INTERPRETATION OF THE FUTURE LAND USE PLAN MAP, SINGLE FAMILY, DUPLEX, AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE PARA- -GRAPHS TO INCLUDE PROFESSIONAL OFFICES, TOUR 1 1ST AND GUEST :HOMES, MUSEUMS AND PRIVATE f CLUBS OR" LODGES AMONG THE LAND 'USES PER 'MITTED ONLY IN CONTRIBUTING STRUCTURES WITHIN DESIGNATED HISTORIC SITES.OR.HISTORIC DISTRICTS WITHIN SAID SINGLE FAMILY, DUPLEX, AND MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND USE CATE- GORIES; INSTRUCTING TWOFOLD TRANSMISSIONS OF COPIES -OF THIS ORDINANCE TO AFFECTED AGENCIES; ' CONTAINING A REPEALER PROVISION AND A SEVER.: ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE_ DATE. ORDINANCE NO.11497 —T AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING "ARTICLE 7 HP HISTORIC PRESERVA= T.ION OVERLAY DISTRICTS": SUBSECTION 704.1.4, 'DEVIATIONS CONCERNING OFF-STREET PARKING," TO ALLOW VALET PARKING FOR. PRIVATE CLUBS OR LODGES; BY PROVIDING A NEW SUBSECTION 704.2.4 TO REQUIRE A • SPECIAL EXCEPTION FOR PRIVATE CLUBS OR LODGES„AND A NEW SUBSECTION 704.3(4) SETTING MINIMUM LOT SIZE AND HOURS, OF OPERA TION FOR PRIVATE,CLUBS OR LODGES IN SUCH _ DISTRICTS; CONTAININGG-A REPEALER PROVISION AND A SEVERABILITY CLAUSE,. AND PROVIDING FOR AN EFFECTIVE DATE. } ORDINANCE NO.-11498 AN ORDINANCE -AMENDING THE ZONING ATLAS BY. i CHANGING THE ZONING CLASSIFICATIONS FROM R-1 t SINGLE FAMILY RESIDENTIAL TO R-1 SINGLE FAMILY Jj RESIDENTIAL AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS. FOR THE PROPERTY LOCATED AT ! APPROXIMATELY 3298 _CHARLES AVENUE, MIAMI, FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); I MAKING ALL THE NECESSARY CHANGES ON PAGE 46 OF SAID ZONING ATLAS'; 'CONTAINING A REPEALER ;PROVISION AND_. A SEVERABILITY CLAUSE; AND PROVIDING FOR -AN EFFECTIVE DATE. ORDINANCE NO. 11499 AN ORDINANCE; WITH ATTACHMENT, AMENDING THE ZONING ATLAS BY CHANGING THE ZONING CLASSIFICA- - ! .+ -TIONS FROM R-1 SINGLE-FAMILY RESIDENTIAL AND SD-' 18 MINIMUM LOT OVERLAY DISTRICT TO R-1 -SINGLE_` FAMILY RESIDENTIAL, SD-18•'M.INIMUM LOT OVERLAY DISTRICT AND HP HISTORIC PRESERVATION OVERLAY DISTRICTS, RESPECTIVELY, FOR THE PROPERTY LOC ATED AT APPROXIMATELY 3744-3754 STEWARD AVE- NUE, MIAMI, FLORIDA (MORE PARTICULARLY_ DES-"- CRIBED HEREIN);. MAKING ALL THE "NECESSARY i CHANGES ON PAGE 48 OF SAID -ZONING ATLAS; CON- TAINING A REPEALER PROVISION AND AS SEVER ABILITY CLAUSE; AND PROVIDING FOR AN`EFFECTIVE DATE; - ORDINANCE -NO. 11600 AN ORDINANCE AMENDING; THE CODE OF THE -CITY OF ! MIAMI, SECTION-62-61, ENTITLED: "SCHEDULEOF FEES," TO INCREASE THE FEES' APPLICABLE TO. } MAJOR USE SPECIAL PERMITS; FURTHER, CLARIFYING �. LANGUAGE 'AND- ESTABLISHING FEES FOR 'NON - SUBSTANTIAL: AMENDMENTS' TO -CLASS II AND SPE-. CIAL EXCEPTION PERMITS AND'TIME EXTENSIONS FOR" CLASS 11 SPECIAL PERMITS; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; --AND PROVIDING.. - FOR AN EFFECTIVE DATE` ` ORDINANCE N0:1150 AN ORDINA-NMENDING THE -ORDINANCE I BY AMENDI CTION-1605 ODIFY THE PROVI- SIONS REGARDING MODIFICATIONS TO AN APPROVED SPECIAL EXCEPTION PERMIT; CONTAINING A" REPE- ALER PROVISION .AND SEVERABILITY CLAUSE; AND ` PROVIDING FOR. AN EFFECTIVE'DATE ORDINANCE NO.11502 AN .ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING "ARTICLE 15, CLASS II SPECIAL PER- MITS; DETAILED REQUIREMENTS," TO ALLOW FOR ONE TIME EXTENSION OF NOT MORE THAN 12 MONTHS AND 1 " NONSUBSTANTIAL MODIFICATIONS TO, AN. APPROVED 1 CLASS 11 SPECIAL PERMIT; CONTAINING A REPEALER PROVISION. AND. SEVERABILITY CLAUSE; AND.PROVID- ING FOR AN. EFFECTIVE DATE. ORDINANCE NO.11503 AN ORDINANCE AMENDING THE ZONING .ORDINANCE i BY AMENDING' ARTICLE 5, . SECTION 505, TO ADD -PROVISION PERTAINING TO SETBACK REQUIREMENTS FOR COMMERCIAL -AND' RESIDENTIAL PLANNED UNIT DEVELOPMENTS; CONTAINING A REPEALER PROVISION j AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN - EFFECTIVE DATE. ORDINANCE NO. 11504 j AN EMERGENCY: ORDINANCE AMENDING CITY OF MIAMI CABLE TELEVISION LICENSE ORDINANCE NO._9332; AS AMENDED, BY EXTENDING .THE TERM OF THE CABLE TELEVISION LICENSE AGREEMENT BETWEEN THE CITY. OF' MIAMI, FLORIDA, AND MIAMI TELECOMMUNICA- TIONS, INC. ON A MONTH -TO -MONTH BASIS COMMENC- ING MAY 18, 1997; CONTAINING A REPEALER PROVI- SION AND A.SEVERABILITY CLAUSE; AND.PROVIDING i 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. : WALTER J. FOEMAN 'o v CITY CLERK (#4674) 6/20 _ _ / _ 97-4-062038M `S &A