HomeMy WebLinkAboutO-11022J-92-700
10/22/92 �ry
ORDINANCE NO. I 1 � 2
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING: ARTICLE 6,
SPECIAL DISTRICTS, SECTION 609. SD-9 BISCAYNE
BOULEVARD NORTH OVERLAY DISTRICT TO CLARIFY
INTENT AND LIMIT AND PROHIBIT CERTAIN
PERMITTED PRINCIPAL AND ACCESSORY USES AND
STRUCTURES, CONDITIONAL PRINCIPAL AND
ACCESSORY PERMITTED USES AND PROPOSED SIGN
LIMITATIONS; CONTAINING A REPEALER PROVISION
AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of September 16, 1992, Item No. 7, following an advertised
hearing adopted Resolution PAB-30-92 by a vote of nine (9) to
zero (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:
11022
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/
Article 6. Special Districts
Sec. 609. SD-9 Biscayne Boulevard North overlay
district.
Sec. 609.1. Intent.
Biscayne Boulevard North is one of the major
gateways to the City of Miami. This overlay
district is of special and substantial public
interest because of the need to upgrade the
amenities and visual qualities of the boulevard.
It is intended that future public and private
development shall respect and enhance this gateway
role by providing well landscaped development
along the boulevard; it is further —intended to
encourage appropriate development and to assure
appropriate uses along the boulevard by modifying
the use regulations of underlying districts.
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-
.11-022
Sec. 609.2. Effect of SD-9 district designation.
The effect of these SD-9 regulations shall be to
modify regulations within portions of other zoning
districts included within the SD boundaries to the
extent indicated herein.
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; 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
-3-
with the special considerations listed below. In
making determinations concerning construction of
new principal buildings or substantial exterior
alterations of existing principal buildings, the
director of the planning, building and zoning
department shall obtain the recommendation of the
Urban Development Review Board.
(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 if frontage on when access from
other streets public right-of-ways is
available.
Sec. 609.4. Permitted principal uses and structures.
Principal uses and structures are as permitted
generally or conditional by special permit in the
underlying district, except the following uses
shall not be permitted:
-4-
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 not evidenced by a
, H lA 4r»---4-4--
4. Community based residential facilities.
5. Private clubs, lodges, fraternities and
sororities operated for profit.
6. Coin laundry operations.
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 six o'clock (6:00) A.M.
only by Special Exception.
-5-
11022
4. Pool halls and billiard parlors only by
Special Exception.
Sec. 609.6 Principal Accessory Uses:
Same as for the underlying district with the
limitations contained in Sec. 609.4.
Sec. 609.7 Conditional Accessory Uses:
Same as for the underlying district with the
limitations contained in Sec. 609.4.
Sec. 609.8 Limitations on siqns:
Sign limitations shall be as for C-1 districts
except as provided below:
609.8.1 General limitations:
609.8.1.1 Sicrns 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. Only one (1) such
sign, not exceeding fifty (50) square feet in
110,92
area for every one hundred fifty (150) feet
of lencrth of building wall oriented toward
the street shall be permitted.
609.8.1.2 Signs fifteen (15) feet or less
above grade; limitations on number and area.
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 shall
be limited in total area to twentv (20
square feet, except as otherwise specifically
provided herein (see Sec. 609.8.2). Signs in
glassed areas of windows and doors shall not
exceed twenty (20) percent of the glassed
area of the window or door involved.
609.8.1.3 Prohibited signs. Billboards,
poster panels, 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
-7-
11022
those in special permits proceedings on
particular community or neighborhood bulletin
boards or kiosks.
609.8.2 Detailed limitations, wall si
projecting signs, window signs.
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 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.
609.8.3 Directional signs, number and area.
Directional signs, which may be combined with
address signs, but shall bear no advertising
IM
manner, may be erected to guide entrances, exits
or parking areas. Not more than one (1) such sign,
not exceeding five (5) square feet in area, shall
be erected per entrance, exit or parking area.
* if
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 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 22nd day of
October , 1992.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 12th day of November 1992. )
ATTE 4 - '"
XAVIER L. SUARELr, MAYOR
MATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
LINDA KELLY KEA SO
Assistant City Attorney
LKK/pb/M959
APPROVED AS TO FORM AND
CORRECTNESS: i
A Q N J049S, II
City Att ey
Im
11022
APPLICANT
LOCATION
LEGAL DESCRIPTION
Az�
PLANNING FACT SWEET
Planning, Building and Zoning Department September 9, 1992
PZ05
Biscayne Boulevard from aproximately N.E. 36th Street to N.E. 87th Street.
Generally properties fronting on Biscayne Boulevard from N.E. 36th Street to
N.E. 87th Street. (Complete legal description on file with the Wearing Boards
Division).
PETITION Consideration of amending Zoning Ordinance 11000, as amended, the Zoning
Ordinance of the City of Miami, Article 6, Section 609, the SO-9 Overlay
District amending the text to reflect modifications and limitations in the
Permitted Principal and Acccessory Uses and Structures, Conditional Principal
and Accessory Permitted Uses and proposed sign limitations for the area.
PLANNING RECOMMENDATION Approval
BACKGROUND AND The City Commission on the meeting of February 18, 1992 instructed the
ANALYSIS Planning, Building and Zoning Department to prepare a Comprehensive Study
for Biscayne Boulevard from N.E. 36th Street to N.E. 87th Street. Biscayne
Boulevard is a primary corridor and entrance to Miami. In past years the
condition of the Boulevard has deteriorated and its image is not consistant
with its role. The proposed amendment to the SO-9 Overlay District would
encourage development of appropriate uses along the Boulevard and provide a
positive revitalization of the area, upgrade visual qualities of the
Boulevard and assuring a better transition into the residential areas.
PLANNING ADVISORY ED At its meeting of September 16, 1992, the Planning
Advisory Board adopted Resolution PAB 30-92, re—
commending approval of the above by a vote of 9-0.
CITY COMMISSION At its meeting of October 22, 1992, the City Commission
approved the above on First Reading.
14 1 1 0� 2
APPLICATION NUMBER 92- 32 PA8 09/09/92 Item M 7
Sec. 609. SO-9 Biscayne Boulevard North overlay district.
Sec. 609.1. Intent.
Biscayne Boulevard North is one of the major gateways to the City of Miami. This overlay
district is of special and substantial public interest because of the need to upgrade the
amenities and visual Qualities of the boulevard. it is intended that future public and private
development shall respect and enhance this gateway role by providing well Tpdscaped development
along the boulevard; to encourage appropriate development
and b� as3aii to assure appropriate uses along the boulevard modifying the use regulations of
underlying districts.
Sec. 509.2. Effect of SD-9 district designation.
The effect of these SO-9 regulations shall be to modify regulations within portions of
other zoning districts included within the SD boundaries to the extent indicated herein.
Sec. 609.3. Class 11 Special Permit.
MY. 3.1. Wsen regtzi red
A Class lI Special Permit shall be required prior to approval of any permit (except
special permits pursuant to article 13) affecting the height, bulb, location or exterior
configuration of any existing building; or for the erection of any new building; or for the
location, relocation or alteration of any structure, parking area or vehicular way visible from a
public street.
i9 9.3.2. Qnside aticn in atsltirW Class 11 *vial Henri t deteminaticiu.
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 of
existing principal buildinas , the director of the planning, building and zoning department shalt
obtain the recommendation of the Urban Development Review Board.
(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 r-cn when access from other-re+:s public right- of- ways is
possible.
Sec. 609.4. Permitted principal uses and structures.
Principal uses and structures are as permitted generally 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, foster homes, croup
homes and orphanages.
3. Notess, residenee hotels . motels, tourist homes, lodging houses, single room
Occupancy facilities, guest homes and other transitory residential uses centrally not
evidenced by a.leasehold transaction.
t 10 � 20
a, (omlminity based resioential facilities.
5, Private clubs, lodges, fraternities and sororities.
6. Coin 'Laundry Operations
1. Comercial retail establishments operating from the hours of midnight to 6:00 a.m.
Sec.609.5 Conditional Principal Uses:
Same as for underlyno district with the limitations contained in Sec. 609.4 and in
addition, in C-1 district only:
1. Commercial parking lots only by Special Exception.
2. Automotive service stations and car washes only by Special Exception.
Sec.609.6 Principal Accessory Uses:
Same as underlying district with the limitations contained in Sec. 609.4.
Sec.609.7 Conditional Accessory Uses:
Same as for underlyng district with the limitations contained in Sec. 609.4.
Sec.609.7 Limitations on signs
Sign limitations shall be as provided for C-1 districts,except as provided below.
Sec.609.7.1 General Limitations
609.7.1.1 Sions more than fifteen feet above grade, Sings erected with their lowest
portions more than fifteen(IS) feet above grade shall be limited to those identifying
the building and the nature of the establishments it contains. Only one (1) such
sign, not exceeding fiftv(SO) souare feet in area, for every_ 150 feet of leno_ht of
building will oriented toward the street shall be permitted.
609.7.1.2 Sions fifteen (15) feet or less above grade, limitations on number and area.
wall sions (not including sions in oiassed areas of windows or doors) and projecting
signs erected with their highest portion fifteen (15) feet or less above grade shall
be limited in total area to twentv(20) souare feet, except as otherwise specifically
provided herein.Sions in the olassed areas of windows and doors shall not exceed
twenty (20) percent of the glassed area of the window or door involved.
609.7.1.3 Prohibited Signs. Billboards, oyster panels, ground or freestanding sions
and other outdoor advertising Signs shall be prohibited in this diStrict. Other
offsite sions shall be prohibited except for temporary civic and political campaian
sions or except when signs are posted on cotmiunity or neighborhood bulletin boards or
kiosks, in accordance with Iimi" :ions and regulations relating thereto at section
925.3.10 and those in Soeciai otrMits oroceedinos on particular cm --nity or
neighborhood bulletin boards or kiosks.
609.7.2 Detailed li
Within the twenty (e
grade, the followini
than one (1) wall s
such sign shall be
other than a marou
surfaces, neither of
sign structure shay
lisrouee sions Shall
in lion area.
•
, wail sions, projecting sions, wi
t ftet maximum a)lowable, at or bi
ions shall apply to number and ai
e erected per establishment and t
ZO) souare feet. Not more than on
Shall be erected, with not to
all exceed twenty five (25) souari
more than three(3) feet from the
:d to one (1) per establishment ani
69
in
609.7.1 Directional sions, nvaber and area.
Directional sions, which Mav be combined with address sions bvt shall bear no
adverttstnc Manner, Miy bt erected to oulde the entrances, exits or oarkino areas.
Not Mort than one (1) such lion. not txceedtno five (S) scuare feet to area.snall to
erected oer entrance, exit or parkino area.
t _6 l_I 212
MA 14
CITY CLERK_
CITY OF NiAM1, FLA.
MIAMI (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 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. 11022
in the ...... I X. X. X.................... I ..... Court,
was published in said newspaper in the issues of
November 20, 1992,
Affiant further says that the said Miami 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 C�pbylicati)ont;f
Flrida, for a period of one year next preceding
the fir the attached copy of advertisement; and
affian er sayshat she has neither paid nor promised any
perso or corporation any discount, rebate, commission
orreor the qurpose of securing this advertisement for
publi ion in the id newspap
� .
G..
Sworn to and subscribed before me this
20th of ... Nove_TbL
A.D. 19.9.2...
.., . z .OFFICIAL S�
(SEAL) ACNES E. PENA
Sookie William *jll W�J_JU OF FLORIDA
COMMISSION NO. CC 172106
MY COMMISSION EXP. IAN. 6.1996
CITY OF MIAM19 FLORI
LEGAL NOTICE
All interested persons will take notice that on the 12th day of
November, 1992, the City Commission of Miami, Florida, adopted
the following titled ordinances:
ORDINANCE NO. 11020
AN EMERGENCY ORDINANCE ESTABLISHING A TRUST
AND AGENCY FUND ENTITLED:"PROFFERED TRUST
FUND" CONSISTING OF VOLUNTARY CONTRIBUTIONS
FROM PRIVATE DEVELOPERS; APPROPRIATING $84,000
FOR THE OPERATION OF SAID TRUST FUND; AUTHOR-
IZING THE CITY MANAGER TO EXPEND $25,000 OF SAID
APPROPRIATION FOR THE PURPOSE OF PROVIDING
SECURITY RELATED IMPROVEMENTS AT RAINBOW VIL-
LAGE, A PUBLIC HOUSING FACILITY LOCATED AT
APPROXIMATELY 2140 NORTHWEST 3RD AVENUE,
MIAMI, FLORIDA, AND TO EXPEND AN ADDITIONAL
AMOUNT, NOT TO EXCEED $10,000, OF SAID APPROPRI-
ATION FOR THE PURPOSE OF A STUDY OF ALTERNATE
SOLUTIONS TO THE COCONUT GROVE PARKING
PROBLEM; AND TO EXPEND ADDITIONAL AMOUNTS OF
$24,500 EACH FOR THE PURPOSE OF IMPROVING
VIRRICK AND DORSEY PARKS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 11021
AN ORDINANCE AMENDING SECTION 40-229 OF THE
CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY PROVIDING FOR CHANGES IN INVESTMENT GUIDE-
LINES AND TYPES OF FUNDS WHERE INVESTMENT MAY
BE MADE FOR MEMBERS OF CITY OF MIAMI GENERAL
EMPLOYEES' AND SANITATION EMPLOYEES'
RETIREMENT TRUST; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; PROVIDING
FOR AN EFFECTIVE DATE.
ORDINANCE NO. 11022
AN ORDINANCE AMENDING ORDINANCE NO. 11600, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING; ARTICLE 6, SPECIAL
DISTRICTS, SECTION 609. SD-9 BISCAYNE BOULEVARD
NORTH OVERLAY DISTRICT TO CLARIFY INTENT AND
LIMIT AND PROHIBIT CERTAIN PERMITTED PRINCIPAL
AND ACCESSORY USES AND STRUCTURES, CONDI-
TIONAL PRINCIPAL AND ACCESSORY PERMITTED USES
AND PROPOSED SIGN LIMITATIONS; CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
ORDINANCE NO. 11023
AN ORDINANCE, WITH ATTACHMENTS, AMENDING THE
ZONING ATLAS OF ORDINANCE NO. 11000, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
EXTENDING THE BOUNDARIES OF SD-9, BISCAYNE
BOULEVARD NORTH OVERLAY DISTRICT FOR THE
PROPERTIES FRONTING ON BISCAYNE BOULEVARD
FROM APPROXIMATELY NORTHEAST 36TH STREET TO
NORTHEAST 60TH STREET AND FROM THE LITTLE
RIVER CANAL TO NORTHEAST 82ND STREET (MORE
PARTICULARLY DESCRIBED IN ATTACHMENT ''A'',
REFERENCED HEREIN AND MADE A PART THEREOF);
AND BY MAKING ALL THE NECESSARY CHANGES ON
PAGES NO. 9, 14 AND 15 OF SAID ZONING ATLAS;
CONTAINING A REPEALER PROVISION AND SEVERABIL-
ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Said ordinances may be inspected by the public at the Office of
the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday
through Friday, excluding holidays, between the hours of 8:00 a.m.
and 5:00 p.m.
HIRAI
CITY CLERK
aMATTY
MIAMI, FLORIDA
(1f542)
11120 92-4-112052M