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HomeMy WebLinkAboutO-11503J-97-72 2/12/97 11,503 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 5, SECTION 505, TO ADD PROVISIONS PERTAINING TO SETBACK REQUIREMENTS FOR COMMERCIAL AND RESIDENTIAL PLANNED UNIT DEVELOPMENTS; 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. 5, following an advertised hearing, adopted Resolution No. PAB 09-97 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- 11503 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 by amending the text of said Ordinance as follows:' "ARTICLE 5. PLANNED UNIT DEVELOMENT Sec. 505. Setback provisions. 505.1. Setbacks requirements for commercial PUD. When a PUD is located within a resiciential commercial district, minimum yard requirements shall be that those of the underlying district. 505.2 Setbacks requirements for residential PUD. When a PUD is locate_ d within a residential district, minimum and requirements shall be those of the underlying district. 505.3 Reduction in setbacks requirements for residential PUD Reduction of generally applicable setback requirements in for Planned Unit Development housing proiects for low income families and individuals or for the elderly, may be allowed by Special Exception only to an amount not more than one half ('/2) of the required setback as specified in section 505.2 above. The following requirements and limitations shall apply: 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 i1503 (a) The proiect shall otherwise conform to the requirements of state and or federal programs for this purpose. b) The zoning boardin its consideration of the application for Special Exception, shall determine and make finding that the reduction of required setbacks is justified in view of the nature and type of prospective occupancy as well as the economic circumstances involved. (c) If approved, the setback reduction shall only be implemented in those side -yards directly abutting a right-of- way or other open space such as parks, rivers, an the like and not in those side -yards abutting another property whether developed or vacant. 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 2`'tb day of February , 1997.. 3 50 0 ATTEST WALTER J. FOEMAN CITY CLERK PREPARED AND APPROVED BY: JEPUTY L EDWARD M CWELL CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: w245JEM.DOC PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 22nd day of May 1997. ( L L2�2_� - d"E'CAROLLO, MAYOR 4 115 ® PZ- 18 SECOND READING PLANNING FACT SHEET APPLICANT Department of Community Planning and Revitalization. HEARING DATE January.22, 1997. REQUEST/LOCATION Amendment to Section 505 of Zoning Ordinance 11000. LEGAL DESCRIPTION Not applicable PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of. Miami, by amending Article 5, Section 505., in order to add a new provision which would allow for a . reduction of up to Fifty (50%) percent in setback requirements for Planned Unit Development housing projects for low income families and individuals or for the elderly, by Special Exception Permit only. PLANNING Approval. RECOMMENDATION BACKGROUND AND It is the explicit aim of the Planned Unit Development process to ANALYSIS provide design flexibility to developers for the purpose of encouraging design creativity as well achieving an improved environment through appropriate and harmonious variety in physical development. In addition it is often. the case that the economic viability of affordable Planned Unit Development hinges on the optimal �, utilization of the assembled land to which the required peripheral i Y yards are often an obstacle. Given, finally, that the maximization of interior open/communal space often makes for an improved residential setting; it is hereby proposed that the option be made available to permit the reduction of peripheral setbacks upon finding that the project as proposed merits it and makes appropriate use of the interior space gained. PLANNING ADVISORY BOARD Approval. VOTE: 7-0 CITY COMMISSION Passed First Reading on CC 2/27/97. Continued from CC 3/27/97. APPLICATION NUMBER 97-005 Item #5 Date: 01/18/97 Page 1 11503 RESOLUTION PAB - 09-97 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ARTICLE 5, SECTION 505, OF ZONING ORDINANCE NO. 11000, AS AMENDED, IN ORDER TO ADD.A NEW PROVISION WHICH WOULD ALLOW FOR A REDUCTION OF UP TO FIFTY (50%) PERCENT IN SETBACK REQUIREMENTS FOR PLANNED UNIT DEVELOPMENT HOUSING PROJECTS FOR LOW INCOME FAMILIES AND INDIVIDUALS OR FOR THE ELDERLY BY SPECIAL EXCEPTION PERMIT ONLY. THIS ITEM WAS RECOMMENDED FOR APPROVAL SUBJECT TO THE INCLUSION OF A RESTRICTION THAT ONLY THOSE SETBACKS ABUTTING A PUBLIC RIGHT-OF-WAY BE ELIGIBLE FOR THE REDUCTION. HEARING DATE: January 22, 1997 VOTE: 7-0 ATTEST ack Luft, Director 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 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 Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 11504 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 mail matter at the post office in Miami In said Dade County, Florida, for a period of one year n xt preceding the first publication of the attached copy of v Isement; and affiant further says that she has nelthe paid nor promised any person, firm or corporation any d! cou ,rebate, c.mmisslon or refund for the purpose of se url this adyrtisement for publication In the said 2 0 awor d subscribed be re me thig c1 day of ��.. 19...... (SEAL) P& OFFICIAL NOTARY SEAL Sookle Williams pore rgr 1<f1me ANETT LLERENA comImsmou flumsErn CC.56f;0iO4 FOF FLOC MY co,.tr4,ISS10N EXPIRES DUNE 23.20nn CITY. OF MIAMB, FLORIDA LE& NOTICE.. Alf interested persons will take notice tfiat on the 22nd day. of May, 1997;-the City'Commission of Miami; -'Florida, adopted the following ti-I I fled o''dinances: i - ORDINANCE NO. 11489 AN EMERGENCY ORDINANCE ESTABLISHING A SPECIAL REVENUE FUND ACCOUNT ENTITLED`. "SOCIAL PRO- GRAM NEEDS/WELFARE REFORM" FOR THE RECEIPT 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) I SOLICIT -FOR DONATIONS; (4) EXECUTE ANY DOCU- MENTS, IN A FORM ACCEPTABLE TO THE CITY 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 PROVISION AND A SEVER - ABILITY, CLAUSE. ' i 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 23RD-COURT, FROM -DUPLEX RESI- DENTIAL TO MULTI -FAMILY MEDIUM DENSITY RESIDEW TIAL' MAKING FINDINGS; DIRECTING TRANSMITTALS -TO 'AFFECTED AGENCIES; CONTAINING A REPEALER PRO- VISION AND ASEVERABILITY*CLAUSE; AND PROVIDI1.NG i FOR AN EFFECTIVE DATE. 'ORDINANCE NO. 1.1491 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 ALLTHE NECESSARY CHANGES ON PAGE NO. 34. OF SAID ZONING ATLAS; CONTAINING A_ REPEALER PROVISION AND ASEVERABILITY 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; CONTAININGA REPEALER -PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN i EFFECTIVE DATE. ORDINANCE NO. 11.493 ' 'AN ORDINANCE, WITH ATTACHMENT; 'AMENDING' THE 1 FUTURE LAND USE MAP OF THE COMPREHENSIVE" ? NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATIONS`OF THE PROPERTIES LOCATED AT AP- PROXIMATELY 2609-11-2143, NORTHWEST-3RD STREET AND 'PARKING LOT, FROM DUPLEX, RESIDENTIAL TO RESTRICTED COMMERCIAL; MAKING FINDINGS; DIR- i 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 461," 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 f 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- If a ORDINANCE NO. 1 AN ORDINANCE AMENDING THE - , ING ORDINANCE OF THE CITY OF 'MIAMI BY AMENDING SECTION 401, "SCHEDULE OF,DISTRICT REGULATIONS,- TO CODIFY -A DETERMINATION OF USE NOT 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 1989-2060, 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.PROFESSIONALOFFICES,-TOUR- IST AND' GUEST HOMES, MUSEUMS, 'AND. PRIVATE CLUBS OR LODGES AMONG THE LAND USES PER- MITTED ONLY IN CONTRIBUTING STRUCTURES WITHIN DESIGNATED HISTORIC SITES OR HISTORIC DISTRICTS- j WITHIN SAID SINGLE FAMILY,. DUPLEX, AND -MEDIUM DENSITY MULTIFAMILY RESIDENTIAL LAND. USE CATS= 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. AN -ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING "ARTICLE 7 HP HISTORICPRESERVA- TION OVERLAY DISTRICTS": SUBSECTION 704.1.4, i "DEVIATIONS CONCERNING OFF-STREET PARKING," TO i - 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 ANEW SUBSECTION 704.3(4) SETTING MINIMUM_ LOT SIZE AND' HOURS OF OPERA-. TION FOR PRIVATE CLUBS OR" LODGES. IN .SUCH DISTRICTS; CONTAINING A REPEALER' PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR 'AN' EFFECTIVE DATE, ' ORDINANCE NO. 11498 I AN. ORDINANCE AMENDING THE ZONING ATLAS -BY. CHANGING THE ZONING CLASSIFICATIONS FROM R-1 �.; SINGLE-FAMILY RESIDENTIAL.TO--R-1 SINGLE FAMILY RESIDENTIAL AND HP HISTORIC, -PRESERVATION OVERLAY DISTRICTS, FOR THE PROPERTY LOCATED AT { APPROXIMATELY 3298 CHARLES AVENUE," MIAMI,: FLORIDA (MORE PARTICULARLY DESCRIBED HEREIN); MAKING ALL THE NECESSARY CHANGES ON PAGE 46 OF SAID .ZONING' ATLAS; CONTAINING A REPEALER' 1 PROVISION. AND A SEVERABILITY CLAUSE;, AND PROVIDING FOR AN EFFECTIVE DATE. j 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 MINIMUM ,LOT OVERLAY DISTRICT AND HP HISTORIC PRESERVATION OVERLAY I DISTRICTS; RESPECTIVELY, FOR.THE PROPERTY LOC- ATED AT APPROXIMATELY3744-3754 STEWARD AVE NUE, MIAMI, FLORIDA (MORE, PARTICULARLY DES- CRIBED -HEREIN); MAKING -'ALL 'THE NECESSARY` CHANGES OWPAGE 48-OF SAID ZONING ATLAS; CON- TAINING A REPEALER PROVISION AND AS SEVER - ABILITY CLAUSE; AND PROVIDING FOR -AN', EFFECTIVE ORDINANCE NO. 11500° LAN ORDINANCE AMENDING,. THE CODE-OFTHE CITY•OF MIAMI,' SECTION '62-61, 'ENTITLED:-, SCHEDULE; -OF ! FEES;". TO - INCREASE, THE" FEES,. APPLICABLE -"-TO ' MAJOR USE SPECIAL PERMITS; FURTHER; CLARIFYING { LANGUAGE AND ESTABLISHING FEES FOR 'NON SUBSTANTIAL AMENDMENTS' TO CLASS 11 -AND- SPE- •' -CIAL EXCEPTION PERMITS AND -TIME EXTENSIONS FOR CLASS 11 SPECIAL PERMITS; CONTAINING A REPEALER 1 PROVISION; A SEVERABILITY CLAUSE; AND PROVIDING _ FOR AN EFFECTIVE DATE._ �— DINANCE NO. 11501 l-AN ORDINAN*ENDING. THE ZONING ORDINANCE BY AMENDING SECTION 1605 TO MODIFY THE PROVI- SIONS REGARDING MODIFICATIONS'TO AN APPROVED . SPECIAL -EXCEPTION .'PERMIT; CONTAINING A REPE- ALER ;PROVISION AND SEVERABILITY CLAUSE, AND PROVIDING:F.OR.AN EFFECTIVE DATE. J' ORDINANCE NO. 11502 ' AN ORDINANCE AMENDING THE ZONING ORDINANCE. 1 BY AMENDING "ARTICLE 15,. CLASS II SPECIAL PER-. j MITS; DETAILED REQUIREMENTS," TO ALLOW FOR ONE" j TIME EXTENSION OF NOT MORE, THAN 12.MONTHS AND NONSUBSTANTIAL MODIFICATIONS TO.AN APPROVED i CLASS 11 SPECIAL PERMIT; CONTAINING A REPEALER { - PROVISION AND SEVERABILITY CLAUSE; AND, PROVID- ING FOR AN EFFECTIVE DATE. (' I ORDINANCE NO. 1150 I AN ORDINANCE AMENDING THe-Z ING ORDINANCE BY AMENDING -.ARTICLE 5, SECTION 505, TO ADD PROVISION PERTAINING TO SETBACK REQUIREMENTS FOR COMMERCIAL .AND RESIDENTIAL PLANNED UNIT j DEVELOPMENTS; CONTAINING A REPEALER PROVISION 1 = AND SEVERABILITY CLAUSE; AND PROVIDING ,FOR AN i EFFECTIVE DATE.: ORDINANCE NO. 11504 ' AN EMERGENCY ORDINANCE AMENDING CITY -OF MIAMI 'CABLE.TELEVISION LICENSE ORDINANCE NO. 9332, AS AMENDED, BY EXTENDING THE TERM OF THE CABLE" i iTELEVISION 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 "FOR AN EFFECTIVEDATE. Said `ordinances maybe inspected by the public at,dhe 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. { o - WALTER J. FOEMAN CITY CLERK { (#4674) 6/20 97-4-062038M!