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Home My WebLink AboutO-11519J-97-307 5/12/97 ORDINANCE NO. 115 19 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF MIAMI BY AMENDING ARTICLE 7, "HP HISTORIC PRESERVATION OVERLAY DISTRICTS," SUBSECTION 704.1.1 "CONDITIONAL USES," TO ALLOW SAID USES IN RECONSTRUCTED HISTORIC STRUCTURES CONDITIONALLY; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of April 30, 1997, Item No. 13, following an advertised hearing, adopted Resolution No. PAB 38-97 by a vote of five to zero (5-0), 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. 11519 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:i' "ARTICLE 7. HP HISTORIC PRESERVATION OVERLAY DISTRICTS Sec. 704. Conditional uses and deviations. 704.1. Types of conditional uses and deviations permissible. 704.1.1. Conditional uses. Professional offices, tourist and' guest homes, museums, and private clubs or lodges may be permissible as conditional uses. Such uses shall be permissible only within existing structures that contribute to the historic character of the historic site or district, as identified in the designation report prepared pursuant to section 23.1-4 (B) (2) of the Miami City Code of the City of Miami; and shall not be permissible in any case where the structures) of principal historic significance has (have) been destroyed or damaged beyond repair, as determined by the beard, fer any reasen unless such i s (are) recon-,trurtPrj in ordan - wi h a Certificate of Appropriateness an= roved by the board pursuant to the provisions of Section 2.3-5 of the Code of the City of Miami_ For the purpose of this section, reconstruction shall be defined as the act o_r process of reproducing by new ons ruion h- exactform an d ai 1 of a v ni sh d qtruc-ture as it appeart-dat a specific pprind of time. Any use authorized pursuant to this section shall comply with all regulations applicable to the same or similar use in the most restrictive zoning classification permitting such use, to the extent such regulations have not been modified pursuant to this section. 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. 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 - 11519 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 22 nd day of May , 1997. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 26th day of June ATTEST• WALTE OEMAN CITY CLERK PREPARED AND APPROVED BY: (1L EDWARD MAXWAL PUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 1997. CAROLLO, MAYOR - 3 - 11519 APPLICANT MEETING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS _ PZ-13 SECOND READING PLANNING FACT SHEET Department of Planning and Development April 30, 1997 Amendment to Article 7, Section 704.1.1 of Zoning Ordinance 11000. Not applicable Consideration of amending Ordinance 11000, as amended, the City of Miami Zoning Ordinance by amending Article 7, Section 704.1.1, "Conditional Uses", in order to allow such uses in reconstructed historic structures, conditionally. Approval. In order to promote the adaptive use of Miami's historic sites, the Zoning Ordinance provides for historic preservation overlay districts which allow certain uses that would otherwise not be permitted in residential neighborhoods. In order to assure that the new use is tied to- the presence -of the historic- building -and- does - not run with the land, Section 701.1.1 states that conditional uses shall not be allowed if the historic structure is ever destroyed or damaged beyond repair for any reason. In certain cases, however, when the building is destroyed through no fault of the owner, and when the owner desires to accurately reconstruct the historic building, it would be appropriate to allow the conditional use to continue. This proposed amendment to the text of the Zoning Ordinance would allow the conditional use in a historic building that has been reconstructed pursuant to a Certificate of Appropriateness issued by the Historic and Environmental Preservation Board. PLANNING ADVISORY BOARD Approval. VOTE: 5-0 CITY COMMISSION Passed First Reading on May 22, 1997. APPLICATION NUMBER 97-028 Item #13 CITY OF MIAMI • DEPARTMENT OF PLANNING_ AND DEVELOPMENT 444 SW 2NO AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 Date: 04/25/97 RESOLUTION PAB - 38-97 A RESOLUTION RECOMMENDING APPROVAL TO AMEND ORDINANCE 11000, . AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 7, SECTION 701.1.1, "CONDITIONAL USES", IN ORDER TO ALLOW SUCH USES IN RECONSTRUCTED HISTORIC STRUCTURES, CONDITIONALLY. HEARING DATE: April 30, 1997 ITEM NO. 13 VOTE: 5-0 ATTES t7 Jack Luft, Director Department of Planning and Development 1.5i9 3 • 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. 11519 in the ..................... .XXXX....................................... Court, was published in said newspaper in the issues of Jul 10, 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 next preceding the first publication of the attached copy of.advertisement; and affiant further says that she has neither paid nor promised F rson, 'rm or corporation any disco ,rebate, com or refu d for the purpose of sec ind this adve for Dubl cation in the said 10 Of and subscribed Y this 97 19...... (SEAL) � �� JANEIT LLIERENA %i, `�• I n COMMISSION NUMBER Octelma V. Ferbeyre p aoe� � !,,woo me. C C 5 6 6 0 0 4 -F, �Artiti QO My COIUMME-40Pf EXPIRES OF FAO JUNE 23,2000 -------------- : CITY OF MIAMI FLORIDA' 'i LEGAL ICI ICE ? All interested persons will take notice that on the.26th day of June, 1997, the City Commission' of Miami, Florida, adopted the following titled.ordinances: ORDINANCE NO. 11514, } AN.EMERGENCY ORDINANCE AMENDING SECTION'I OF•. j ORDINANCE N67f1337, AS`AMENDED, ADOPTED JANU t ARY±25,'1996, „THE CAPITAL IMPROVEMENTS APPRO- i PRIATIONS.ORDINANCE, THEREBY ESTABLISHING A ) NEW CAPITAL: IMPROVEMENT PROJECT ;ENTITLED: ISAFETY 'INFRASTRUCTURE REPAIRS," PROJECT NO.. J 311927 TO BEGIN " DURING FISCAL YEAR 1996-1997;'. APPROPRIATING FUNDS FOR SAID PROJECT;.CONTAIN- ! - ING A' REPEALER. PROVISION AND A SEVERABILITY 1 CLAUSE. { ORDINANCE NO. 11515. ' i• , '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 2979-89-95 SOUTHWEST- 4TH .STREET, FROM SINGLE- FAMILY RESIDENTIAL.TO:RESIDENTIAL DUPLEX MAKING:FIND- INGS;.DIRECTING TRANSMITTALS TO AFFECTED AGEN- CIES_ CONTAINING A' REPEALER PROVISION, AND A SEVERABILITY"CLAUSE; AND, PROVIDING _FOR AN EFFECTIVE DATE. ORDINANCE NO.11516. ' (• AN ORDINANCE AMENDING THE ZONING ATLAS OF THE i ZONING ORDINANCE BY CHANGING THE ZONING CLAS- I SIFICATION, FROM R-1 SINGLE FAMILY. RESIDENTIAL TO R=2 DUPLEX- RESIDENTIAL, FOR THE 'PROPERTIES LOCATED AT.APPROXIMATELY `2979-89-95 SOUTHWEST 4TH STREET; MIAMI FLORIDA, AND BY MAKING ALL THE { . NECESSARY CHANGES ON PAGE" 33 OF, SAID ZONING ATLAS; -CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO.11517 ANORDINANCE AMENDING THE FUTURE LAND USE . MA , P OF; THE. COMPREHENSIVE NEIGHBORHOOD PLAN- CHANGING'- THE LAND USE DESIGNATION OF THE E -PROPERTIES LOCATED.AT APPROXIMATELY 2200 WEST { FLAGLER�STREET AND 2326 SOUTHWEST 1ST STREET, ( FROM "MAJOR INSTITUTIONAL, PUBLIC FACILITIES; TRANSPORTATION AND UTILITIES" TO .'RESTRICTED COMMERCIAL'; MAKING FINDINGS: DIRECTING TRANS- MITTALS TO AFFECTED AGENCIES; CONTAINING' A _ IREPEALER PROVISION AND A SEVERABILITY CLAUSE; '. AND PROVIDING FOR AN EFFECTIVE DATE. I ORDINANCE NO. 11518 AN ORDINANCE AMENDING THE ZONING ATLAS BY i { CHANGING -THE ZONING CLASSIFICATON, FROM G%I-, . GQVERNMENT INSTITUTIONAL. TO C-1 RESTRICTED, COMMERCIAL, FOR THE PROPERTIES LOCATED • AT L APPROXIMATELY 2200 WEST FLAGLER . AND 2326 SOUTHWEST" 1ST A ST;REET,;;MIAMI ,FLORIDA; AND BY MAKING -ALL THE NECESSARY CHANGES'ON PAGE 34 j OF'SAID ZONING ATLAS; CONTAINING -A REPEALER PROVISION;AND A SEVERABILITY CLAUSE:.. . ORDINANCE NO. i i� .. j AN ORDINANCE AMENDING THE ZONING ORDINANCE, OF THE' CITY.OF MIAMI BY AMENDING' ARTICLE•7, "HP HISTORIC PRESERVATION OVERLAY DISTRICTS;" SUB-. SECTION 704.1 1 CONDITIONAL USES," TO-ALLOW_SAID: - USES IN 'RECONSTRUCTED, HISTORIC• STRUCTURES CONDITIONALLY; CONTAINING A REPEALER. PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN _ l 'EFFECTIVE DATE. .. I j ORDINANCE NO. 11520 ANfEMERGENCY ORDINANCE ESTABLISHING A SPECIAL �. REVENUE FUND ENTITLED: COPS MORE 96"; AND J1pe asoym Jauoggad Jo} Mwolle NielO AInde4 sV ; +'OS3 'N3l'IV O 003tizl'lIM uo 3dOH VINO iJ �9 I 11 ol,Aue }! 'sesua}ap uagunn inoA. (leaS hnoO l!noj!D) ames of pannbei aje. , epuo!3 '/IlunoO aped )ion( pue Unoo siyl .,ul paquawwoo, "h990 lln3jj '�1a!O sV Oue PPM uaaq seq. 96ewelry inoA NIAm A3M:lVH jo 6otjn16ss!(] col uollgad` U .leq.I `. 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