HomeMy WebLinkAboutO-11258J-95-217
3/8/95
ORDINANCE NO.
11258
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 609, "SD-9 BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT", BY MODIFYING REGULATIONS PERTAINING TO
DEMOLITION PERMITS, CHAIN LINK FENCES AND SIGNAGE, AND
PROHIBITING HEALTH CLINICS, POOL HALLS, BILLIARD
PARLORS AND GAME ROOMS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of
February 15, 1995, Item No. 2, following an advertised hearing, adopted
Resolution No. PAB 8-95 by a vote of mine to zero (9-0), RECOMMENDING APPROVAL
of amending 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;
NOWT THEREFORE, BE IT ORDAINED 8Y THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. 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:'/
1/ Words and/or figures stricken f-hrough shall be deleted. Underscored
words and/or Figures shall be added. The remaining provisions are now
in effect and remain unchanged. Ellipsis and asterisks indicate omitted
and unchanged material.
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"ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS
Sec. 609. SD-9 Biscayne Boulevard North Overlay District.
Sec. 609.3. Class II Special Permit.
609.3.1. When required.
A Class II Special Permit shall be required prior to approval of any
permit (except special permits pursuant to article 13) affecting the height,
bulk, location or exterior configuration of any existing building; or for the
erection of any new building; demolition permits; or for the location,
relocation or alteration of any structure, parking area or vehicular way
visible from a public street.
609.3.2.Consideration in making Class II Special Permit determinations.
The purpose of the Class II Special Permit shall be to ensure conformity
of the application with the expressed intent of this district, with the
general considerations listed in section 1305, and with the special
considerations listed below. In making determinations concerning construction
of new principal buildings or substantial exterior alterations or existing
principal buildings, the director of the planning, building and zoning
department shall obtain the recommendation of the Urban Development Review
Board and consider applicable City of Miami design standards and guidelines.
(1) Along Biscayne Boulevard, the pedestrian open space at the ground
floor frontage shall be so designed, improved and located to provide
an attractively landscaped appearance using royal palms and other
types of tropical plants suitable to its gateway role.
(2) Offstreet parking shall not be placed in required yards or required
open space adjacent to Biscayne Boulevard, and vehicular entrances
shall be prohibited along the boulevard when access from other
public right-of-ways is available.
(3) Interim Landscape. Prior,to demolition and removal of existing
structures, pavement and vegetation from a development site, the
owner or developer shall ,be required to obtain all demolition
approvals and tree removal permits as necessary. The Zoning
Official may require as a condition of approval for a demolition
permit, that sites of demolition shall not be left in a barren,
undeveloped state without commencement of vertical construction or
revegetation within 60 days,of clearing. Revegetation shall include
sodding with grasses or other ground cover to prevent soil erosion
and blowing of airborne particulate matters and debris. Owner will
be required to maintain the landscape.
Sec. 609.3.3. Limitation of use of chain link fence.
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Chain link fence shall not be placed in required open space adjacent to
Biscayne Boulevard unless it is of a temporary nature to secure an unsafe
structure -prior to demolition or has been visual?d with Iandscape
material.
Sec. 609.4. Permitted principal uses and structures.
Principal uses and structures are as permitted generally or
conditionally by special permit in the underlying district, except the
following uses shall not be permitted:
1. Bars, saloons and taverns.
2. Convalescent homes, nursing homes, institutions for the aged or
infirm, foster homes, group homes and orphanages.
3. Hotels, residence hotels, motels, tourist homes, lodging houses,
single room occupancy facilities, guest homes and other transitory
residential uses generally riot evidenced by a leasehold transaction.
4. Community based residential facilities.
5. Private clubs, lodges, frAternities and sororities operated for
profit.
6. Coin laundry operations.
7. Health Clinics.
8. Pool halls, billiard parlors, and game rooms.
Sec. 609.5 Conditional Principal Uses:
Same as for the underlying district with the limitations contained in
Sec. 609.4; and in addition, for the C-1 district only:
1. Commercial parking lots only by Special Exception.
2. Automotive service stations and car washes only by Special Exception.
3. Retail establishments operating from the hours of midnight to 6:00
A.M. only by Special Exception.
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Sec. 609.8 Limitations on signs:
Sign limitations shall be as for C-1 districts, except as provided
below:
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Sec. 609.8.1 General limitations:
609.8.1.1 Signs more than fifteen (15) feet above grade. Signs erected
with their lowest portions more than fifteen (15) feet above grade
shall be limited to those identifying the building and the nature
of the establishments it contains. Except as provided below, 0
only one (1) such sign, not exceeding fifty 50 square feet in
area for every one hundred fifty (150) feet of length of building
wall oriented toward the street, shall be permitted. In addition
to the Class II Special permit required for such signs, referral
to the Urban Develo lent Review Board shall be mandator for signs
fifteen 15 feet above grade that exceed the allowable fifty 50
s_cuare feet of sign area. Area of such signs shall in no case
exceed 1.5 square feet for each lineal foot of building wall
frontaae on a street.
609.8.1.3 Prohibited signs. Billboards, poster panels, balloon signs
ground or freestanding signs and other outdoor advertising signs
shall be prohibited in this district. Other offsite signs shall be
prohibited except for temporary civic and political campaign signs
or except when signs are posted on community or neighborhood
bulletin boards or kiosks, in accordance with limitations and
regulations relating thereto at section 925.3.10 and those in
special permits proceedings on particular community or
neighborhood bulletin boards or kiosks.
Sec. 609.8.2 Detailed limitations, wall signs, projecting signs, window
signs.
Sec. 609.8.2.1. Within the twenty (20) square feet maximum allowable,
at or below fifteen (15) feet above grade, the following limitations shall
apply to number and area of signs. Not more than one (1) wall sign may be
erected per establishment unless the establishment has frontage along two (2)
streets, in which case two 2 wall signs shall be permitted, one on each wall
fronting a street, and the maximum area of any such sign shall be twenty 20
square feet. Not more than one (1) projecting sign, other than a marquee
sign, shall be erected, with not to exceed two (2) surfaces, neither'of which
shall exceed twenty-five (25) square feet in area. No such sign structure
shall extend more than three (3) feet from the wall of the building. Marquee
signs shall be limited to one (1) per establishment and three (3) square feet
in sign area.
Section 2. All ordinances or parts of ordinances insofar as they
are inconsistent or in conflict with the provisions of this Ordinance are
hereby repealed.
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Section 3. If any section, part of this section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the remaining
provisions of this Ordinance shall not be affected.
Section 4. 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 , 1995.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this
1st day of May _ , 1995.
4k'&q'A, -
STETHEN P. CLARK, MAYOR
ATT T
MAT Y HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
A 1»s�
L E. MAXWELL
D PUTY CITY ATTO NEY
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APPROVED AS TO FORM AND
CORRECTNESS:
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A. QU JO III
CITY ATTOR
11258
\� REVISIT ..
PLANNING FACT SHEET
APPLICANT City of Miami Planning, Building and Zoning Department.
APPLICATION DATE N/A.
REQUEST/LOCATION Ordinance No. 11000 Text Amendment.
LEGAL DESCRIPTION N/A.
PZu 13
PETITION Consideration of amending the text of Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, by amending Article 6, Section 609, SD-9
Biscayne Boulevard North Overlay District, to add and modify language within
certain subsections.
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND The proposed amendments to the SD-9 Biscayne Boulevard North Overlay District are
ANALYSIS part of a community wide effort done in conjunction with the Upper Eastside NET
Office in order to further refine the district requirements and fullfil the intent
of the creation of the district. (SEE ATTACHED ANALYSIS FOR DESCRIPTION OF
SPECIFIC CHANGES).
PLANNING ADVISORY BOARD
CITY COMMISSION
APPLICATION NUMBER 94-165
03/16/95
Approval. VOTE; 9-0.
Passed First Reading on CC 3/27/95-
February 15, 1995
11-258
Page 1
ADDENDUM TO FACT SHEET FOR ANALYSIS OF
PROPOSED CHANGES TO THE SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT
The proposed changes to the SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT
specifically consist of the following:
1. A Class II Special Permit shall now be required for demolition permits
visible from the right-of-way;
2. All applicable City of Miami design standards and guidelines will be
considered in the evaluation of Class II Special Permits.
3. Interim Landscape. Prior to demolition and removal of existing structures
avement and vegetation from a development site the owner or develo er
shall be required to obtain all demolition approyals and tree removal
permits as necessar . The Zoning Official may require as a condition of
approval for a demolition permit, that sites of demolition sal I not be
left in a barren, undeveloped state without commencement of vertical
construction or reve etation within 60 days of clearing. Reve etation
shall include sodding with grasses or other ground cover to prevent soil
erosion and blowing of airborne particulate matters and debris. Owner will
be required to maintain the landscape.
4. Limitation of use of chain link fence. Chain link fence shall not be
placed in required open space adjacent to Biscayne Boulevard unless it is
of a temporary nature to secure an unsafe structure prior to demolition or
has been visually screened with andscape material.
5. The following uses shall be added to the list of uses not permitted:
Health Clinics
Pool halls, billiard parlors and game rooms.
6. The sign requirements are proposed to be modified as follows:
A. Signs more than fifteen (15) feet above grade. In addition to the
Class II Special Permit required for such signs, referral to the Urban
Develo ment Review Board shall be mandatory for signs fifteen 15 feet
above grade that exceed the allowable fifty 50 square feet of sign
area. Area of such signs shall in no case exceed 1.5 square feet for
each lineal foot of buildinq wall frontage on a street.
11
B. Signs fifteen (15) feet or less above grade. Wall signs (not including
signs in glassed areas of windows or doors) and projecting signs erected
with their highest portion fifteen (15) feet or less above grade are
currently limited in total area to twenty (20) square ,feet and not more
than one (1) wall sign may be erected per establishment. A provision is
being added which will allow for two (2) wall signs to now be permitted
in cases where the establishment has frontage along two (2) streets (one
sign per street frontage) and the maximum area of any such sign shall
continue to be limited to twenty (20) square feet.
C. Prohibited signs. Balloon signs have been added to the list of
prohibited signs.
11258
RESOLUTION PAB - 8-95
A RESOLUTION RECOMMENDING APPROVAL OF AMENDING THE TEXT OF ORDINANCE
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING
ARTICLE 6, SECTION 609. SD-9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, IN
ORDER TO ADD AND MODIFY LANGUAGE WITHIN CERTAIN SUBSECTIONS.
HEARING DATE: February 15, 1995
VOTE: nine to Zero (9-0)
ATTEST:
lqw-wfRt RIGUEZI DIRE R
ANNING, BUILDING AND ZONING
1125�
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 We 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
LEGAL NOTICE
ORDINANCE NO. 11258
In the ...........:tp .:KX?X..................... Court,
was ppjblis1 d In said
a 5paper In the Issues of
Ma,
Affiant further says that the said Miami Daily Business
Review Is a newspaper published at Miami in said Dade
County, Florida, and that the sold 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 ad eAlsement; and afftant further says that she has
Walther nor promised any person, firm or corporation
any dl o t, rebate, commission or refund for the purpose
of a u g this ad ertisement for publication in the said
no er.
Sworn to and subscribed before me this
5
11 May
1g......
(SEAL)
Sookle Wllllams
OFFICUL NOTARY SRAL t
CHERTL H MARMHR
CnMMISS10N NO. C091612
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