HomeMy WebLinkAboutO-11314J-95-610
7/12/95 1 1 3 1 4
ORDINANCE NO.
AN ORDINANCE AMENDING THE ZONING ORDINANCE
BY AMENDING ARTICLE 91 "GENERAL AND
SUPPLEMENTARY REGULATIONS," TO PROHIBIT
VARIANCES FROM REQUIRED VISIBILITY TRIANGLES
AT INTERSECTIONS; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of June 14, 1995, Item No. 7, following an advertised hearing,
adopted Resolution No. PAB 26-95 by a vote of seven to zero
(7-0), 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;
NOW, THEREFORE, BE IT ORDAINED BY 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:l/
i� 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.
Ellipsis and asterisks indicate omitted and unchanged
material.
11314
"ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 908. Lot measurement.
908.11. vision clearance at intersections.
908.11.1. Intent; "material impediment to
visibility" construed. It is the intent of
these regulations to provide protection from
traffic hazards at intersections for
automotive vehicles and their passengers, and
for cyclists and pedestrians, including small
children. In light of this intent, the
phrase "material impediment to visibility,"
as used here, is to be construed as any
material obstruction to visibility which
would result in concealment of a child over
two and one-half (2 1/2) feet in height
approaching an intersection, or would conceal
an approaching automotive vehicle or cyclist
from such a child. In determinations as to
whether or not there is material impediment
to visibility, the speed, direction, and
duration of movement to point of potential
collision or contact shall be considered.
908.11.2. In districts in which yards are
generally required. In any district in which
yards are generally required adjacent to
streets, nothing shall be erected, placed,
planted, or allowed to grow in such a manner
as to form a material impediment to
visibility between the heights of two and
one-half (2 1/2) feet and ten (10) feet above
the street grade level within visibility
triangles described below:
908.11.2.1. At street intersections. At
street intersections, such visibility
triangles shall be maintained to
include an area bounded by the first
twenty-five (25) feet along the
intersecting edges of the right-of-way
(or base building line) projected where
rounded, and a line running across the
lot and connecting the ends of such
twenty -five-foot lines.
2 -
11314
908.11.2.2. At intersections of driveways
with streets. At intersections of
driveways with streets, such visibility
triangles shall be maintained to
include an area bounded by the first
ten (10) feet along the intersecting
edges of the base building line and the
driveway, projected where rounded, and
a line running across any intervening
right-of-way and the lot and connecting
the ends of such ten -foot lines.
908.11.3. In districts in which yards are not
generally required. In districts in which
yards are not generally required adjacent to
streets, similar limitations on material
impediments to visibility shall apply at
street intersections within a visibility
triangle bounded by the first ten (10) feet
along the intersecting edges of the base
building line, projected where rounded, and
a line running across the lot and connecting
the ends of such ten -foot lines.
908.11.4. Variances prohibited.
No Variances from the provisions of section
908.11 are permitted.
908.12. Bus passenger shelters; bus benches;
telephone booths; mail and newspaper boxes.
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.
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.
- 3 -
1 314
PASSED
ON FIRST READING BY TITLE
ONLY this 13th
day
of July
, 1995.
PASSED
AND ADOPTED ON SECOND AND
FINAL READING BY
TITLE ONLY
this 28th
day of September
1995.
1
STEP EN P. CLAAK,
MAYOR
ATTEST:
WALTER J.610'OEMAN
CITY CLERK
PREPARED AND APPROVED BY:
L-.� r AJAM.-L
L E. MAXWELL
D PUTY CITY ATTORNEY
APPROVED AS TO FORM AND
CORRECTNESS:
- 4 -
11314
N
PLANNING FACT SHEET PZ0 Is
APPLICANT City of Miami Planning, Building and Zoning Department
APPLICATION DATE
REQUEST/LOCATION Amendment to the text of Zoning Ordinance 11000 in order to prohibit variances for
reductions in visibility triangles
LEGAL DESCRIPTION
PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the
City of Miami, by amending Article 9, "General and Supplementary Regulations" to
prohibit variances from section 908.11 regarding required visibility triangles.
PLANNING Approval
RECOMMENDATION
BACKGROUND AND The requested amendment to the text of Zoning Ordinance 11000 is for the purpose of
ANALYSIS prohibiting variances from required visibility triangles as specified in Section
908.11 of the Zoning Ordinance. A motion was passed by the City Commission at its
meeting of May 25, 1995, directing the Planning, Building and Zoning Department to
consider the above requested petition. The Department recommends approval of this
amendment due to the fact that driveway visibility triangles are essential for
vehicular and pedestrian safety, to waive these requirements can be extremely
dangerous with regards to increased vehicular/pedestrian conflicts.
4-
PLANNING ADVISORY BOARD Approval VOTE: 7 - 0
CITY COMMISSION Passed First Reading on CC 7/13/95.
APPLICATION NUMBER 94-192
07/03/95
June 14, 1995
Item # 7
° 11314
RESOLUTION PAB - 26-95
A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ORDINANCE 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 9,
"GENERAL AND SUPPLEMETARY REGULATIONS IN ORDER TO PROHIBIT VARIANCES FROM
SECTION 908.11 REGARDING REQUIRED VISIBILITY TRIANGLES.
HEARING DATE: June 14, 1995
VOTE: 7 - 0
ATTEST: , GZ ��oz'Z,
RGIO RODRIGUEZ DIRSVG"
PLANNING, BUILDING AN R
ING
MIAMI DA
Published
STATE OF FLORIDA
COUNTY OF DADE:
Before the under
Octelma V. Ferbeyr
Supervisor, Legal
Review Vk/a Miami R
and Legal Holidays)
County, Florida; the
being a Legal Advert)
CITY OF
ORDINAN
In the ...................
was published in
Oct 27,
Affiant further sal
Review is a newsy
County, Florida, and
been continuously
each day (except Be
has been entered a
office in Miami In so
one year next prec
copy of .advertiseme
neither pal"or pro
any disc t, rebate,
of sec In his adv,,
now
MY OF M1 gL �,k_
L A4 M E mN /OF THE CITY bF MAW, nbpm)k
- ' SECTK>wF <401, OF RICT
AN wed Parsons w� too (to" tilt on tAa 281h day mil Septm(bu; Ely' CHING- ANGTHE ZSif" �0ASS16
1I!!5, tha IIr�Orr of Muhl. Ronda, adapted ul re 1iellarsrig sod FgC/! R� INULTIPAR Y i#KiFi-DEf161T11' RED
CE1N �FrAL-+ r
arlirrarresas `
ENn Sp,$
D THE PROPERTY LOCATED AT 17'441M NORTH
OIkCOL#J tE NCL #1305
BAY DRIVE, 1110 -NORTHEAST 41H ATIENIjE ANDr
AN E flEFIN1N8 -AND - DESIGIii41 MO -THE
407 17TH"TERRACE, MIAMI, FLOPJPA, AND BY
"
TERRI 6ftoL LIMITS FOR im CITY OF mma FoR THE
THE NECESSARY CH A NGISS ON PAGE ND• 23
PURPOSE OF TAXATION; FIXING THE MILLAOE AND
OF ING ATLAS;. CONTAINNG A REPEALER PROM-
LEVYING'TAXES IN THE CITY OF BIwc FLORIDA, FOR 'TIE
SION SEVERASLrrYCLAUSE.
FISCAL YEAR BEONNill OCTOBER 1, 1996 AND ENDING'
-
SEPTEMBER 30, 1996; CONTAINING A 0EVERASILITY
1T
0 K' NO.11318
CLAUSE.
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP OF
THE. COMPREHENSIVE NEIGHBORHOOD FLAN FOR THE
QRDD ANCE NO, ,13304
PROPERTY LOCATED AT 3711-13 SOUTHWEST.' 27TH
AN ORDINANCE MAKING APPROPPMAT IONS FOR THE FISCAL
STREET, BY CHANGING THE LAND USE DESIGNATION FROM
YEAR, ENDING SEPTEMBER 30; 1996; CONTAINING A
DUPLEX RESIDENTIAL TO RESTRICTED COMMEINICIAL; .
REPEALER PROVISION AND A SEVERASILiTY CLAUSE.
MAKING FINDINGS, 447RUCTING THE TRANSMITTAL OF A
COPY. OF ' THIS ORDINANCE TO " AFFECTED AGENCIES;
ORDINANCE NO.11305 _ _
CONTAINING A REPEALER PROVISION AND A S€VERABILI Y
AN ORDINANCE; ; WITH ATTACHMENT, RELATED TO
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
TAXATION, DEFINING AND DESIGNATING THE TERRITORIAL
LJMITE OF THE DOWNTOWN. DEVELOPMENT DISTRICT OF
ORa1lLbiCE NO.11311
THE CITY OF MIAMI, FLORIDA; FIXING THE _MILLAGE 'AND
AN ORDINANCE AMENDING THE ZONING ATLAS OF "THE ",
LeAV#G TAXES. IN ..SAND DOWNTOWN DEVELOPMENT
ZONING .ORDINANCE OF ?FIE .CTTY OF. MIAMI, FLORIDA,
DIST%11 f FOR Ti1E YEAR BEGINNING OCTOBER 1,
ARTICLE 4, SECTION 401, SCHEDULE OF . DISTRICT
tAND ENDI 99S NG' 30, 1996; AT FIVE -TENTHS
REGULATIONS, BY CH4,00ING THE..-ZONING.:CLASSI-
(.5)IyUL21$ ON THE DOLLAR -OF NONEXEMPT ASSESSED
FK;ATION FRQIA R•2 11ArO-FAM)LY RESIDENTIAL TO C-1
VALUE OF: ALL REAL AND PERSONAL PROPERTY IN SAID
RESTRICTED COMMERCIAL FOR THE PROPERTY LOOATED
DISTRICT; FIOYIDIN6 THAT SAID MLLAGE AND 14-11115 TAXES
AT 3711-13 SOUTHWEST .27TH STREET, MINI, FLORIDA,
SHALL BE #i ADDITION TO THEFIX ;ING OF THE MCLAGE
EXCEPT FOR A 1' STRIP ALONG THE VYESTERN BOUNDARY:_
AND THE LEVYING OF TAXES: V1 THE TERRITORIAL
LINE; AND BY MAKING ALL THE NECESSARY CHIANGES.ON
LIMITS OF T1H1E CITY OF MIAMI AS REFLECTED IN THE MY'S -
PAGE NO. 42 OF SAID- ZONING ATLAS; CONTANBNG A
MILLAGE LEVIY -DRDINANCE FOIR- THE AFORESAID FISCAL
REPEALER PROMS MAND A SEVERADILTTV CLAUSE.
YEAR WHICI+* REQUIRED BY CrTY C1HARTER SECTION 27;
PROVIDING TMMT THE FIXMiG OF THE Mq:LAC3E AND.
, ORDMNANCE NM 11312 '
HEREIN SE ADDITION TO--
LEVYING OFIN
AN ORDINANCE, WITH ATTACHMENT(S), AMENDING THE
,TAXES
'SPECIAL ASS MENTS; PRENf1E� T HAT' THIS: ORDIN-
ZONING ATLAS OF` ZONING ORDINANCE NO. 11000, FOR „ .
ANCE SHALL " NOT BE D AS . ALL4, OR
THE PROPE#VIE$ LOCATED WITHIN THE WYNWOOD
AMOM4 ANY OTHER OROINAA FIXINS MLLAGGE OR
FOFEIGN TAAD£'ZONE, MIAMI, FLORIDA, BY CHANGING THE
LEVYING TAXES, BUT SHALL BE.'Di041E0 SEIPPtEIMEN'TAL
ZONING CLASSIFICATION OF -SAID AREA FROM R-3
AND- IN ADDITION THERETO;. CONTAINING A REPEALER
MULTIFAMILY ` MEDIUWDENSITY RESIDENTIAL ` TO I.
,PROVISION, SE�IEftABIL.TTY CLAUSE AND'PROVIDING FOR:
IN VIAL; CONTAINING A REPEALER PROV06N AND
AN EFFECTIVE DAM
SEVEH3ABIl RY CLAIISC AND PROVIDING FOR AN,
EFFECTIVE DATE
ORDINANCE NO.11306
AN ORDINANCE MAKING APPROPRIATIONS' FROM THE
OIitDINANCENla:a1313 -
DOWNTOWN DEVELOPMENT DISTRICT AD, VALOREM TAX
AN ORDINANCE, WITH ATTACHME"-S), AMENDING THE
LEVY AND '-OTHER 'NHSCI=LLANEOI}S lNC<MAE. ,FOR THE
ZONING ATLAS OF ZONING ORDINANCE NO. 11000, FOR
DOWNTOWN DEVELOPMENT AUTHORITY. OF THE CITY OF
THE PROPERTIES., LQFATECL WrrM' = THE WYNWOOD
MIAMI, FLORIDA, FOR T14E FISCAL YEAR BEGINNING
FOREIGN TRADE ZONE, MIAMI, FLORIDA, BY CHANGING THE '
OCTOBER 1, 1996 . AND ENDIW_ $EPTIEMSE4``30, -t906:
ZONING CLASSIFICATION OF SAID AFIEA'FROM C-2 i-IBERAL
AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTH'-
COMMERCIAL TO 14NW4STRLAd `.£pfFFI, WING A REPEALER
OR(TY TO INVITE OR ADVERTISE REQUIRED BIDS:.
PROVISION AND. SEVEAABL1tY GAND, PROVIDING
PROVIDING' FOR BUDGETARY FLEXIBILITY; :PROVIDING
FOR AN EFFECTIVE DATE.
THAT THIS ORDINANCE BE DEEMED SUPPLCMENTAL AND IN
ADDITION TO THE ORDINANCE MAKING APPROPRIATIONS
OR®II�MNE Np.11314
FOR THE FISCAL YEAR BEGINNING OCTOBER 1, I'M AND
AN ORDINANCE"'AME[ OM -THE ZONING ORDINANCE BY
ENDING SEPTEMBER 30, 1'1I96 FOR THE OPERATIONS FOR
AMENDING ARTICLE 9, "GENERAL AND SUPPLEMENTARY
THE; CITY OF MIAMI; CONTAINING A REPEALER PROVISION,
REGULATIONS,' TO POH11811T VARIANCES FROM REQUIRED
SEVERABILI'TY CLAUSE AND PROVIDING FOR AN EFFECTIVE
VISIBILITY TRIANGLE$ A} , NTERSECTIONS; CONTAINNQ A
DATE.
REPEALER PRMSK*N AND-A-SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTLV€ DATE,
ORDINANCE -NO. 11307
AN EMERGENCY 'ORDINANCE AM€NDING:SECTIONS 1, 3. 5
_ O N�EMO.11315'
AND 6 OF ORDINANCE NO. 11180; THE ANNUAL APPRO-
AN ORDINANCE: AMENDING ORDINANCE NO. 11000, AS
PRIATIONS ORDINANCE, ADOPTED SEPTEMBER 22, 1994
AMENDED,, THE_ ZONING OPbNANCE, OF THE CITY OF.
FOR FISCAL.YEAR ENDING SEPTOADER 30, 1995, FOR THE
,: teECf10N -80�3, 'SD B BISCAYNE
PURPOSE OF INCREASING SAID •'APPROPRIATIONS REL-
BOULEVARD NORTH SAY DtSTM1ACT," BY ADDING AND
ATING TO OPERATIONAL REOUWENIENTS AND OTHER
+' a.: MODIFYING REGUATIQN'dt 4WAlAA111lXNG_ ONSITE'-SOGNS
BUDGETARY ADJUSTMENTS REOUIRED FOR THE FY195
` 1A ABOVE A HEIGHT OF FWfaN t15) FEET ABOVE GRA
SUDGET AS MORE PN1TICULAFt<Y, HEREIN,
AI DI tilt IIMENDMIf# SECTION w.t6 'LwATioNS
CONTAINING A REI R PFI,Ai A_SEVERAAftJTY
QVISKiI
ON9rtE SIGNS ABOVI�-AINEIGHT OF FIFTY (60) FEET.
CLAUSE.
GRADE,' TO ADD A't'r�'L.AUSE REFERENCMIG S
FOR THE SD 9 SPECIAL. DISTRICT; ' LONTA
PROVISION AND A:SEVERABILrTY CLAUSE,
��NG
AN ORDINANCE AMENDINI�i THE � U5E MAP'OF
FOR AN �t_VE DATE.
.THE COMPREHENSIVE.. PLAN FOR ,THE.
,
PROPERTY LOCATED At 17�Ui786 _NORTH BNY
SW ad nences may be Inspected by.ttis puWic.at the OIll d�+e City
DRIVE, 17831/795 NORTHEAST' 4tTH' AVENUE AND. 407
Clerk, 3500 Pan Americar► Dike, Miami; Florida, Ma_ely 1h p Friday,
NORTHEAST 17TH'TERRACE; SY CHAMING THE LAH
�4fg h0Ways, botow Ws hours m S a.m. and 5 p.m. a�
DESIGNATION' FROM" HM DENBIt Y MULTI -FAMILY �-
ENTIAL Tao RESTRICTED COMMERCIAL; MAKING ;
INSTRUCTING THE TRANSMITTAL OF A' COPY `AF
Y.
WALTERJ.FOEAt1AN
�ORDWANCE -TO`A ED AMNC1ES;
Q
CITYC�EfiNf'
REPEALER :PROVISI X AND SEVERABILITY C4_AkW AND
(+M 1)
PROVIDING FOR AN EFFECTIVE DATE.