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Home My WebLink AboutO-10590J-88-1075 3/31/89 ORDINANCE NO. AN ORDINANCE, AS AMENDED, AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SECTION 2501, PERTAINING TO CLASS C SPECIAL PERMITS, TO ALLOW APPLICANT TRANSMITTED COURTESY CERTIFIED MAIL NOTIFICATION OF APPLICATIONS TO ADJACENT PROPERTY OWNERS OR CONDOMINIUM ASSOCIATIONS AS AN OPTION; AND AMENDING SECTION 3506 BY CORRECTING SCRIVENER'S ERRORS AND PROVIDING THAT NOTICE OF CHANGES TO ZONING ORDINANCE TEXT OR SCHEDULE OF DISTRICT REGULATION SHALL BE SOLELY BY PUBLICATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, the City Commission adopted Ordinance No. 10454 on July 14, 1988, in an emergency basis, pertaining to Chapter 62 Zoning and Planning of the City Code, specifically amending Section 62-55(1), Newspaper Publication; deleting (3) Mail Notice and re -numbering (4) Additional and Optional Notice to (3); and WHEREAS, the City Commission adopted Ordinance No. 10489 on October 6, 1988, on an emergency basis, pertaining to Chapter 62 Zoning and Planning of the City Code, again specifically amending Section 62-55 by retaining the aforementioned paragraph (1) Newspaper Publication; reinstating the aforementioned paragraph (3) Mail Notice and re -numbering paragraphs (3) to (4), Additional and Optional Notice; and WHEREAS, the Miami Planning Advisory Board, at its meeting of October 19, 1988, Item No. 3, following an advertised hearing adopted Resolution 83-88 by a vote of 8 to 0, RECOMMENDING DENIAL, of amending Ordinance No. 9500 as hereinafter set forth; and WHEREAS, the City Commission, notwithstanding the Planning Advisory Board's recommendation, 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. 9500 as hereinafter set forth: 10590 NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 9500, the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby amended by amending the text of said ordinance as follows:V "ARTICLE 25. CLASS C SPECIAL PERMITS; DETAILED REQUIREMENTS Sec. 2501. Informal notice and hearing. No formal public notice and hearing is required in connection with Class C special permit procedures., except as follows: ARTICLE 35. AMENDMENTS Sec. 3506. Public Notice No recommendation to the City Commission shall be made by the planning advisory board or the zoning board, as the case may be, regarding amendments to this zoning ordinance without notice of public hearing being given in the following manner: (a) Amendments to the official zoning atlas initiated under 3502.1 for public hearing before the planning advisory board or zoning board shall be noticed as set out in section 62-55(1), (2), (3) and (4) of the Miami City Code. (b) Any amendment or addition to the text or the official schedule of district regulations of this zoning ordinance ;proposed: for public hearing before the l/ 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- 10590 planning advisory board shall be noticed as set out in section 62-55 (1) arra-'K of the Miami City Code." 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 part of section, paragraph, clause phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. PASSED ON FIRST READING BY TITLE ONLY this 23rd day of March , 1989. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of May 1989. XAVIER L. UAREZ, MAYOR A S M-VTY HIRAI CITY CLERK PREPARED AND APPROVED BY: r O L E. MAXWE L EF ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: 1r4%, r JO�GE L°. FE ANDEZ CITY ATTO N Y JEM/db/M416 -3- 1.O590 I; 7 rT i �I�#,i "! nib MIAMI REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she Is the Supervisor 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. 10590 In the ... X.. X.............................. Court, was published In said newspaper In the Issues of June 5, 1989 newspfapertpublisheder sat Miami InesolddDade CountyaFlorida and 11M the said newspaper has heretofore been continuously published in said Dade County, Florida each day (except Saturday, Sunday and Legal Holidays) and Gas boon entered as second class mall matter at the post office In Miami in said Dade County, Florida, for a perlod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has r paid nor promised any parsfufirm or corporation a disco nt, rebate, commission or nd for the purpose ecurin this advertisement for I lion in th saki n aper, 4II1111 ! /I/ �D / • t �71rp,to And et*scrlbed before me this .5. day of..0: 1 4fte.!.. .,;...,.,A.D.19.... $.9 ^� . ryl. HAM mar.....,.. ' �,CII�� ,r Notajy `uj»jllr;�`State of Florida at Large My Commissf6t 111xpjdfy►)Ml 12, 1992. MR 114 CiTY, OF MIAMI, FLORIDA LEGAL NOTICE All Interested persons will take notice that on the 26th day of MBy,1989, the City Cornmissbn of Miami, Florida, adopted the following titled ordinanoes: ORDINANCE NO.10589 AN ORDINANCE AMENDING ORDINANCE No. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING SPI.5 BRICKELL•M1AMI RIVER RESIDENTIAL OFFICE DISTRICT PROVISIONS: SUBSECTION 1553A BY CHANGING PERMISSIBLE RETAIL AND SERVICE USES AND LIMITATIONS PERTAINING TO SIZE, GROUND FLOOR LOCATION AND ACCESSIBILITY OF ESTABLISHMENTS; SUBSECTION 1556.2.2., BY CHANGING THE CONTRIBUTION TO THE AFFORDABLE HOUSING TRUST FUND FROM FOUR DOLLARS ($4.00) PER SQUARE FOOT TO A MAXIMUM OF SIX DOLLARS AND SIXTY SEVEN CENTS ($6.67) PER SQUARE FOOT, ADDING CERTAIN PUBLIC AMENITY USES TO THE RETAIL BONUS AND CHANGING ACCESSIBILITY AND GROUND FLOOR FRONTAGE REQUIREMENTS, PROVIDING A NEW BONUS FOR CHILD CARE, AND CHANGING THE TITLE APPROPRIATELY; SUBSECTION 15562.3., BY EXCLUDING CIRCULATION AND COMMON AREAS FROM THE RETAIL AND SERVICE F.A.R. LIMITATIONS; SUBSECTION 1556.3.6.1., BY MODIFYING THE AMOUNT OF REQUIRED URBAN PLAZA SPACE; SECTION 1558., BY INCREASING THE MAXIMUM PARKING LIMITATIONS FOR RETAIL USE, RESTAURANTS, BARS, NIGHTCLUBS, SUPPER CLUBS, AND THEATERS; AND PROVIDING AN EFFECTIVE DATE. � ORDINANCE NO.10590 AN ORDINANCE, AS AMENDED, AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MiAMI, FLORIDA, BY AMENDING SECTION 2501, PERTAINING TO CLASS C. SPECIAL PERMITS, TO ALLOW APPLICANT TRANSMITTED COURTESY CERTIFIED MAIL NOTIFICATION bF APPLICATIONS TO ADJACENT PROPERTY OWNERS OR CONDOMINIUM ASSOCIATIONS AS AN OPTION; AND AMENDING SECTION 3506 BY CORRECTING SCRIVENER'S ERRORS AND PROVIDING THAT NOTICE OF CHANGES TO ZONING ORDINANCE TEXT OR SCHEDULE OF DISTRICT REGULATION SHALL BE SOLELY BY PUBLICATION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO. 10691 AN ORDINANCE AMENDING SECTION 62.55 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CLARIFYING THE REQUIREMENT OF COURTESY MAIL NOTIFICATIONS FOR PLANNING ADVISORY BOARD, ZONING BOARD AND CITY COMMISSION PUBLIC HEARINGS; MORE PARTICULARLY BY AMENDING SECTIONS 62.55 (3),(4),(5) AND BY ADDING A NEW SECTION 62x55(% PROVIDING FOR OPTIONAL NOTICE OF PENDING ADMINISTRATIVE ACTION ON SPECIAL PERMITS TO ADJACENT PROPERTY OWNERS OR CONDOMINIUM ASSOCIATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILiTY CLAUSE; PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 10692 AN ORDINANCE AMENDING ORDINANCE NO. 9500,THEZONING ORDINANCE OF THE CiTY OF MIAMI, FLORIDA, BY AMENDING THE SCHEDULE OF DISTRICT REGULATIONS, PAGE 4, CR•1, PRINCIPAL USES AND STRUCTURES, TO AUTHORIZE, GENERALLY, FINANCIAL INSTITUTIONS WITHOUT DRIVE -THROUGH FACILITIES AND, BY SPECIAL PERMIT, ALL TYPES OF DRIVE -THROUGH FACILITIES; FURTHER, AMENDING THE CG•1 AND CBD•i DIS• TRICTS OF PAGE 5 OF SAID SCHEDULE AND COLUMN, AND SECTIONS 2031 AND 3602 OF THE ZONING TEXT, TO t: �NGE REFERENCES FROM "DRIVE-iN" TO "DRIVE -THROUGH. Said ordinances may be inspected by the public at the Office of •he City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through 'ridgy, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m. (6143) MATTY HIRAI CITY CLERK MIAMI, FLORIDA fi/5 89-4-060505M PZ,.m12 PLANNING FACT SHEET APPLICANT City of Miami Planning Department: September 30, 1988 PETITION 3. Consideration of amending Ordinance 9500, as amended, the Zoning Ordinance of the City of Miami, ARTICLE 23. SPECIAL PERMITS; GENERALLY; ARTICLE 25. CLASS C SPECIAL PERMITS; DETAILED REQUIREMENTS; ARTICLE 26. CLASS D SPECIAL PERMITS AND SPECIAL EXCEPTIONS; DETAILED REQUIREMENTS; ARTICLE 28. MAJOR USE SPECIAL -PERMITS; DETAILED REQUIREMENTS; ARTICLE -31. APPEALS FOR VARIANCE FROM TERMS OF ORDINANCE; ARTICLE 35. AMENDMENTS; and further, to amend the City Code, Chapter 62 PLANNING AND ZONING, Sections 62-54 and 55, to provide for courtesy mail notifications to the public for Class C Special Permits, Special Exceptions, Major Use Special Permits, Variances and Rezonings; containing. a repealer provision and a severability clause. REQUEST To provide courtesy notices pertaining to public hearings of zoning items before the Zoning Board, Planning Advisory Board and City Commission to property owners within 375 feet of the subject property. BACKGROUND On July 14, 1988, the Commission adopted Ordinance 10454, on an emergency basis which reduced the number of newspapers in which zoning items were advertised (Sec. 62-55(1)) and eliminated courtesy notices to property owners within 375 feet of the subject property (Sec. 62-55(3)). Because of concern expressed by citizens groups, the Commission reinstated the notice to property owners within 375 feet by Ordinance 10489 adopted on an emergency basis on October 6, 1988. ANALYSIS These amendments would: 1. Retain courtesy notice of public hearings'on zoning items to groperty owners within 375 feet of the subject grooerty; providing, however, that the aQplicant would be PAB 10/19/88 Item #3 Page 1 IL0590 reso sq sible for mailing certified letters, return receipt required, in advance of the hearing and would certify to the mailing. (Sec. 62-55(4)). 2. Retain mail notice to the subject property owner (Sec. 62-55(3)) and additional and optional notice (Sec. 62-55(5)). 3. Clarify notification to adjacent property owners of pendingClass C sQecial De its by the ap ican (Sec. 62-55(5)). RECOMMENDATIONS PLANNING DEPT. Approval. PLANNING ADVISORY BOARD At its meeting of October 19, 1988, the Plannina Advisory Board adopted Resolution PAB 83-88, by an 8 to 0 vote, recommending denial of the above. CITY COMMISSION At its meeting of November 17, 1988, the City Commission continued the above to its meeting of December 15, 1988. At its meeting of December 15, 1988, the City Commission did not take up the above. At its meeting of January 26, 1989, the City Commission continued the above to its meeting of February 23, 1989. At its meeting of February 23, 1989, the City Commission continued the above to its meeting_ of March 23, 1989. At its meeting of March 23, 1989, the City Commission passed the above on First Reading, as amended. At its meeting of April 27, 1989, the City Commission continued the above to its meeting of May 25, 1989. PAB 10/19/88 Item #3 Page 2 1.0590'