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Home My WebLink AboutO-11568• J-97-173 3/10/97 ORDINANCE NO 11568 AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING SECTION 1101.5 TO SET FORTH REGULATIONS CONCERNING THE STATUS OF LEGITIMATE LIQUOR ESTABLISHMENTS WHICH PRECEDE CHURCHES OR SCHOOLS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of February 19, 1997, Item No. 5, following an advertised hearing, adopted Resolution No. PAB 15-97 by a vote of five to one (5-1), 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. 11568 • • 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 11. NONCONFORMITIES 1101.4. Nonconforming uses specifically declared to be incompatible with permitted uses. Nonconforming uses are declared by this zoning ordinance to be incompatible with permitted uses in the districts involved. Except as otherwise provided in this ordinance, N nonconforming uses of land or water, structures, or land or water and structures in combination shall not be extended or enlarged after passage of this zoning ordinance by addition of the .same or other uses of a nature generally prohibited in the district involved, or by attachment on a structure or premises of signs intended to be seen from off the premises. 1101.5. pow. Exceptions to nonconforming status. It is hereby intended that the following shall not be deemed to have nonconforming status: 1. Legitimate alcoholic beverage establishments, with a valid certificate of use and/or occupancy, which precede the establishment of a church or school, within the distance limitations required for such by Chapter 4, entitled "Alcoholic Beverages," of the Code of the City of Miami, as amended. 1101.6. Reserved. 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. 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 11568 • • 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 March 1997 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 28th day of October 1997. PREPARED AND APPROVED BY: W JELL NEY APPROVED AS TO FORM AND CORRECTNESS: A. Q�INN J S, III CITY ATTO EY 3 11568 APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION • PZ-14 SECOND READING PLANNING FACT SHEET City of Miami Department of Community Planning & Revitalization February 19, 1997. Amendment to Article 11. Nonconformities N/A. PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami by amending Article 11 in order to provide for an exception clause for alcoholic beverage establishment uses which precede schools or churches. PLANNING Approval. RECOMMENDATION BACKGROUND AND The proposed modification seeks to add an exception clause to ANALYSIS Article 11, entitled "Nonconfonnides', for alcoholic beverage establishments which precede schools or churches. This amendment is being sought to ensure that an alcoholic beverage establishment, which pursuant to the City Code, may not locate within certain distances from schools or churches, does not become nonconforming due to a school or church locating within said distance limitations after the alcoholic beverage establishment is permitted. The nonconforming status would preclude the alcoholic f beverage establishments in question from expansions or certain modifications and thereby possibly decrease its value. This amendment is a matter of allowing these establishments to not be \ ' penalized for something that happens nearby after they have v followed all the pertinent regulations. PLANNING ADVISORY BOARD Approval. VOTE: 5-1 CITY COMMISSION Passed First Reading on March 27, 1997. APPLICATION NUMBER 97-011 Item #5 Date: 02/14/97 Page 1 11568 RESOLUTION PAB -15-97 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ARTICLE 11, SECTION 1101.5, OF ZONING ORDINANCE NO. 11000, AS AMENDED, IN ORDER TO PROVIDE A EXCEPTION CLAUSE FOR ALCOHOL BEVERAGE ESTABLISHMENT USES WHICH PRECEDE SCHOOLS OR CHURCHES. HEARING DATE: February 19, 1997 ITEM NO.5 VOTE: 5-1 ATTEST: ack Loft, Director Department of Community Planning and Revitalization 0 • 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. 11568 In the ...........XXXXX.............. .. ....... Court, wNpublished In sald451paper in the issues of Afflant 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 r next receding the first publication of the attached co of adv isement; and affiant further says that she has no her p nor promised any person, firm or corporation a disc nt, rebate, commission or refund for the purpose of sec ng this arkertisement for publication In the said °mearl7,17D19 m.e..t.t14 ovee .le.. .7 (SEAL) p& ®�m�IANETT OFFICIAL NOTARY SEAL Sookle Williams pore rho LLERENA 2 ( COMNJS4 NUMBER 10. Q CC566004 9/� P �� MY COMMISSION EXPIRES OF Fk JUNE 23,2000 CI T ' WAMI, FLORIDA All interested persons will take riotice;tlQ&t� the th day 'October : 1997` the. City Commission_ot londafopteti -n { following ,titled ordinances. {M , S ..` I . ORDINANCE NO AN EMERGENCY ORDINANCE EST MNGA SPECIAL < -REVENUE FUND ENTITLED: 'DERESEL OV-. •. AL GRANT AWARD'PROGRAM FY:,�-.p�PPRIAT- s ING 'FUNDS FOR THE OPERATIO OF"3AME j THE ' I ' AMOUNT OF. $27,389.00, AUTHORIZtMG T CITY ANA GER'TO ACCEPT. A`GRANT FROM THFLORIDA'DE- PARTMENT' OF' ENVIRONMENTAL- PROTECTION (DEP) AND TO'EXECUTE'THE NECESSARY DOCUMENTS, IN A FORM ACCEPTABLE -TO THE CITY ATTORNEY, - To' .IM- PLEMENT ACCEPTANCE', OF, SAID. GRANT;,CONTAINING A REPEALER PROVISION'AND _ASEVERABILITY CLAUSE... • ORDINANCEN0. I liMO AN EMERGENCY ORDINANCE'.AMENDING SECTION 54a - 16-IF'THE CODE OF;THE CITY.OF_MIAMI-FLORIDA.'AS } AMENDED ENTITLED *'PROHIBITION OF VEHICULAR AC CESS' THEREBY'ESTABUSHING A PROCEDURE. AND I GINAMnAl RESPONSIBILITY FOR" REQUESTING,THE VEHICULAR AND".PEDhbIKlAN_AkUr-00 -TO AN' UNIMPROVED PUBUC ALLEY_OR PARTIALLY UN= IMPROVED;ALL=EY CONTAINING A REPEALER PROVI=., SION AND' A SEVERAINLITY CLAUSE, AND. RROVIDING FOR AN EFFECTIVE DATE ; ORDINANCE N0.11561 k AN EMERGENCY. ORDINANCE AMENDING-SECTION.:14- i 295; ENTITLED..' EMPLOYEES'GENERALLY' OF'ARTICLE V ENTITLED;.: SOUTFIEAST. OVERTOWN/PARK WEST REDEVELOPMENT ,DISTRICT" AND. COMMUNITY, REDEV- ELOPMENT:AGENCY' _(-CRA)OF::THE,CODE-OF'THE CITY:.OF MIAMI : FLORIDA, •AS'AMENDED; THEREBY, DE SIGNATING ,THE : DIRECTOR DF THE DEPARTMENTE' •: PLANNING AND � DEVELOPMENT AS''THE `CHIEF:' EXE EWOF: THt. CRAyAND PROVIDING :ADDL CUTIVE 'OFFIC_ TONAL STAFF SUPPORT TO �THE;CRA ,CONTAINING A. -=-- _ .,:,.. .... ��`•��"51LITY,'CLAUSE : , - - a .4 IG SECTIONS,A JCE NO `11337; - E, 1996;, THEREBY-,' :••: )ITAI IKA6MhX1G- ORD.R"CE.NO 1156 UERABILITY CLAUSE ANDr PROVIDING FOR AN.•EF -TIVE DATE - .•' ORDINANCE:NO 115f� ' ' EMERGENCY., ORDINANCE ,WITH; ATTACMMENT(S) ' ENDING THE,CODE OF.:THE;CITY OF MIAMI :FLORIDA POSSESSION AND; CONSUMPTION OF .ALUGHULIL; ftz VERAGES, AT; THE FEC•;PROPERTY. MIAMI, FLORIDA LEGALLY DESCRIBED ON ATTACHMENT_'A''ATTACHED HERETO: AND:` MADE -A - PART. HEREOF MORE ,PAR TICULARLY,'BY AMENDING SECTION8 38-69: AND 38-70 OF -SAID CODE;.CONTAINING A:REPEALER PROVISION AND. A SEVERABILITY CLAUSE ORDINANCE NO.11564 - AN EMERGENCY ORDINANCE RELATING TO IMPLEMEN- TATION OF CHARTER AMENDMENT. -NO f,:BY'AMEND ING SECTIONS OF-THE=CODE OF THE. CITY -OF MIAMI; ; FLORIDA, AS. AMENDED TO. EFFECTUATE -THE PROM SIGNS ,'REGARDING THE -:.EXECUTIVE, MAYOR AND SINGLE.MEMBER:_DISTRICTS; MORE;PARTICULARLY.$Y`:. AMENDING CHAPTERS 1; 2, 4, 11 14, 16; 181; 22 23, 29; 35, 38, 40, 45, w4Q,,46. OF• SAID:'CODE;% CONTAINING A REPEALER PROVISION`AND A SEVERABILITY. CLAUSE PROVIDING�FOR Ai4 EFFECTIVE -DATE • 40 ORDINANCE AN'EMERGENCYm ORDINANCE AMENDING -ORDINANCE. ..'l N6ob2,TABLISHEDANM1;.-AbOOttt)--jtiLV'iii�.�1985,i.AS AMENDED; WHICHESAL.FiES6tfF3CtS.AKDIINITIAL ',. j : APPROPRIATIONS, FOR THE LAW ENFORCEMENT TRUST, -- FUND, RECEIVED AND DEPOSITED. PUkSUANTJ,0 OqDI-: I :,C--,-,:NANCE-'NO'.'��57,'ADCIPTEDAPO,tiL�4,.I ,i,.kEREBY -1 PROVIIJING:FOR-AN, INCREASE - AW' ' THE AMOUNT -,OF. $612,453.'60, 'AS A . RESULT- OF -ADDITIONAL MONItS`DEP_,. .F OSITED IN -SAID .FUND, DUE.TO -,SUCCE'SSFUL-MRPEI- TURE *ACTIONS; CONTAINING -Al REPEALER PROVISION -,AND SEVERABILITY CLAUSE ., 7 0 6WANCEW6.1' AN_ORDINANCE CODE CI4APTER.A AMENDING THE CITY :C( ENTITLED ALCOHOLIC BEVERAGES;"BY. AMENDING' SECTION - 4A, :ENTITLEO', _-EXCEPTIONS TO DISTANCE �-RtbUIREMtNTS.'�,-TO-.*AD'D'-ttk'b'EPTIONS,-.FdA.,EEG. lTi'-:,. -."MATE, I LIQUORESTABLISHMENTS WHICH PRECEDE tg SCHOOLS OR PROVISION' AND A-_�,tVtFtAREPEPRO ALER'' PROVISION' HIDING FOR AN EFFECTIVE DATE. ORDINANCE NO 1568 AN '0RDINAt4Ct'�AMttiDING'�;46iRDtNANCE. BYANIENDI(INIGSEpTON -1 101.5=TO'SET FORTH 'REGULk,� "tIONS.'CONCERNING 4`Hif-fSfATU-§-`-OF,: LEGITIMATE''.. LIQUOR ESTABLISHiAgNr.§-''.WHiCH' PRECEDE.CHUR CHES-CiRSC,ko()LS-,'.CONT'XikikGA'REPEALERPROVI-I - ' FOR SION,AND SEVERABIM, -CLAUSE; AND PROVIDING -AN EFFECTIVE DATE-.'.- :ORdikANbEkOAl5db'- AN `ORDINANCE AMENDING . - ORDINANCE E- NO. 11000 THE, ZONING,. ORE -,TION,602.11,-T0 ,90blFY,-S�IGN"ilt6(JLOIONS;PORtH A, SD-2-;cocbNtjT-.,,GROVE .--.CENTRAL ;COMMERCIAL -IJIS-.- TRjCT -�Tb CONDITIONALLY ALLOW FREE STANDING 01— . RECTIbNALSiGi4'Ei;';.*CONTA,INI.N.G.'X-�tli�EOEALtR -PROVI- 81ON AND A 'r�EVEAABILITYCL AUSE PROVIDING�:* FOR AN EFFF_bf!yEDATE , -ORDNANCE NO11570 AN ORDINANCE AMENDING THE ZONING'; ATLAS, OF THE,..* CITY OF. MIAMI,". FL6130kFOR"THE PROPERTY LoCAT- ..ED.AT-.1548;.BRICKELL-lAVENUE BYADDINr*'THE,HP..T HISTORIC PRESERVATION OVERLAY DISTRICT CON TAINING A -REPEALER PROVISION .AND ,ASEVERABILITY . CLAUSE AND PROVIDING FOR EFFECTIVE', DATE" ORDINANCE ANEMERGENCY ORDINANCE.AMENDING SECfION,'53 152 OF THE'CODE-OFJHE CITY t,OFlM.IAMI, FLORIDA; AS '`AMENDED, . ENTITLE . 0- - --,*RATES . AND; CHARGES', P129", TAININGJO-USER, FEES FOR -NON-OROFIT-ORG TIONS AT THE COCONUT -`GROVE CONVENTIONCENTER THEREBY CHARGING ,FEES; CONTAINING,kREPEALER- -PROVISION AND A:SEVERABILITY CLAUSE.. .Said brdinanc6s,may *b6 inspected by the p6blic'8t the Otfice.of t hb,! City Clerk, 3500 Pan American: Drive, Mjami, * .9fi .Friday, excluding holiday,§,'betifftr the.hdUrs,.of 8'a.m, and 5 p.m, WA - LT . ER J FOEMAN_ CITY CLERK (#4735) MT :rm..n < wo m >