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Home My WebLink AboutO-11386J-96-395 6/27/96 11386 ORDINANCE N0. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING A NEW SECTION, 1512, ENTITLED: "CLASS II SPECIAL PERMIT REQUIRED FOR WAIVER OF DESIGN STANDARDS AND GUIDELINES"; PROVIDING REQUIREMENTS AND CRITERIA; PROVIDING FOR APPEALS; SUBJECT TO AN EFFICACY REVIEW ONE YEAR FROM ADOPTION; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of April 23, 1996, Item No. 4, following an advertised hearing adopted Resolution No. PAB 23-96 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. Section 2. Ordinance No. 11000, as amended, the Zoning 11386 Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:l/ ""ARTICLE 15. CLASS II SPECIAL PERMITS; DETAILED REQUIREMENTS Sec. 1512. Class II Special Permit required for waiver of design standards and guidelines. Unless otherwise required by this Zoning Ordinance, as amended, the Code of the City of Miami, as amended or the South Florida Building Code, as amended; all City of Miami Design Standards and Guidelines, incorporated herein by reference, may be waived pursuant to a Class II Special Permit. 1512.1. Criteria to be considered in the granting of waivers of Design Standards and Guidelines. In addition to the considerations listed in Section 1305 of this Ordinance, the following shall also apply to the review of Class II Special Permits being reviewed pursuant to this section: a) Waivers of Design Standards and Guidelines may be granted when, to do so promotes the intent of the particular district where the proposal is located. b) Waivers of Design Standards and Guidelines may be granted when, the observance of applicable guides and standards for which the waiver is being requested would put the proposed project into a variance situation which is against the public interest. 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 11386 c) Waivers of Design Standards and Guidelines may be granted when, to do so will help minimize or mitigate any potential adverse effect of a specific proposal whose implementation promotes the public 1512.2. Specific findings required. Specific findings shall be made by the Department of Community Planning and Revitalization which establish how the above criteria are met. Additionally, any conditions, restrictions and limitations deemed appropriate shall be implemented in order to ensure compliance with the considerations set forth above, as well as in Section 1305 of this Ordinance. Sec. 1513. Appeals. Appeals of Class II Special Permits shall be pursuant to Article 18. Section 3. The City Manager is hereby directed to bring this Ordinance back to the City Commission for an efficacy review one year after adoption. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. 3 PASSED ON FIRST READING BY TITLE ONLY this 27th day of June, 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of July, 1996. ATTEST: WALTER J. F EMAN CITY CLERK PREPARED AND APPROVED BY: L E . MAXWE L PUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: I J ES, III CITY A EY MS:W143.doc y JOE OLLO, MAYOR 4 PLANNING FACT SHEET _: PZU9 SECOND READING Applicant: Department of Community Planning and Revitalization Request: Amendment to Article 15, Sections 1512 and 1513. Petition: Consideration of amending Article 15, in order to introduce a new section entitled "Class II Special Permit required for waiver of design standards and guidelines"; setting forth detailed requirements and criteria Recommendation: Approval. Analysis: The proposed amendment seeks to establish a procedure through which review can be conducted of proposals for development that might significantly benefit from a relaxation of applicable standards and guidelines. Special consideration should be given such proposals whenever advantageous to the overall quality of the project and in furtherance of the public interest. It is proposed that applications for waiver of Design Standards and Guidelines be reviewed subject to the Class II Special Permit Procedure which will allow staff to conduct a technical review of the request and decide to what degree the request is justifiable, if at all, based on the criteria already established in Section 1305 of Ordinance 11000 and new criteria provided as a part of this amendment. City Commission: Passed First Reading on CC 6/27/96. Meeting Date: April 23, 1996 Application Number 96- 247 Page # 1 I � 8 6 RESOLUTION PAB - 23-96 A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 15 CLASS II SPECIAL PERMITS, DETAILED REQUIREMENTS, IN ORDER TO ADD A NEW SECTION FOR WAIVER OF DESIGN STANDARDS AND GUIDELINES; TO PROVIDE CRITERIA AND A MEANS BY WHICH DESIGN GUIDES AND STANDARDS CAN BE WAIVED, SUBJECT TO CLASS II SPECIAL PERMIT REVIEW PROCEDURES. HEARING DATE: April 23, 1996 VOTE: 5-1. ATTEST: J CR LUFT, DIRECTOR COMMUNITY PLANNING & REVITALIZATION DEPARTMENT 3 11386 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/lda 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. 11386 ORDINANCE AMENDING THE ZONING ORDINANCE BY ADDING A NEW SECTION In the .......... XXXXX ..................... Court, waas�puubilsheIn sgid ri4vgpaper In the Issues of Affiant further says that the said Miami Dally 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 co dvertlsement; and afflant further says that she has n her Id nor promised any person, firm or corporation a dlac nt, rebate, commission or refund for the purpose of eCu ng this advertisement for publication In the said 26 Sworn ptember ed before me thlaL ...... day of ......................... A.D. 19...... ...cef-�.. '...✓..*!� . .......... (SEAL) t2Y P OFFICIAL NOTARY SEAL Sookie Wllllams pe ly kno4toGWRYL i1 IAARMER 2 �� ii f C' cose lse" M Nl1MaEri * `k Q CC545384 9 �O MV COMMISSION EXPIRES r'4" F�O� APR. 12,2000 OIL► OF'/IX FLORIDA A4, iMoil -9l , pBlsillinWake l Ab ** 29A dky of July. IM OW8il)r 60li mi alto • df'' rrtl. PIdilStb Tlie `gyp /NI ardl wxm - NO. ,,t,13—st — AN OFIIXNANOE AM199101f TVIE WINIR t3 MD—i ANCE BY ADDM A NEW SECTION, 1512. ENTITLED: "MA$S N SPECOL PST D FOR . WNMER 'CIF MIGN STANDARDS AND GLNDE- UNW � , tf' I8q$ AND CRfTERIA; PROMIO00 FOR uAPPE111.S; :Q ,,YEN %�RMAvY REVIEW ONE YE.I1R FROM Wo, Ti4:1W3- A *WALEA PROVISION AND SEVERABILITY-CLAUSE; AND PFIOVIIING FOR AN EFFECTIVE DATE. Said oidirmiee may be iry waW by the public at the Office of the CNy Owk 35W Pan Arnedan 00ve. #Am nl. Floeiila. M4ridfiy Through Friday. excluding holidays, bslwoo I fne hours of 8 a.m. and 5 Pm. 0 * -tnr �a my3 r*t �R CD..� < m 'P s O • D