HomeMy WebLinkAboutO-09962J-85-181
ORDINANCE NO P 9 9 6 0
AN EWRaENCY ORDINANCE
AMENDING SECTION 54-100 OF THE
CODE OP THE CITY OF MIAMIt
FLORIDA, AS AMENDED, To DELETE
REFERENCE TO A PLAGLER STREET a.
OVERLAY DISTRICT AND ADD
BOUNDARIES ALONG PLAGLgR
STREET WITHIN IVIIIC14 RESTAURANT
ARCADES MAY HE PERMITTED;
CONTAINING A REPEALER
PROVISION AND A SEVERABILITY
CLAUSE.
WHEREAS, Section 54-100 of the City of Miami Code was
amended in March of 1983 to allow restaurant arcades by revocable
permits granted by the City Commission in the Flagler Street
special overlay district after approval by the City Manager and
recommendations from various departments; and
WHEREAS, the Flagler Street Overlay District has not yet
been implemented and the herein action is deemed advisable at
this time; and
WHEREAS, Resolution 84-710 was adopted by the Commission in
July, 1984, approving in concept the establishment of restaurant
arcades along downtown streets, specifically Flagler Street; and
WHEREAS, among other reasons for the herein determination
that a public need exists for restaurant arcades in the downtown
area are the following objectives:
1. to help improve the vitality and ambiance of Flagler
Street by providing a visual exchange of activities
between pedestrians and second level restaurant
patrons; and
2. to improve the retail mix in downtown by encouraging
the use of second floor building space for
restaurants; and
3. to provide shade and rain protection for pedestrians
along Flagler Street; and
WHEREAS, a developer has proposed that a restaurant arcade
over the public sidewalk be included in a redevelopment project
on Flagler Street hereinafter referred to its the "Project"; and
is
WHEREAS, construction and development
of
the aforementiohed
_
Project has proceeded to a point where
if
a restaurant arcade
over the sidewalk on Flagler Street is
to
be
included therein,
the issuance of a revocable permit for
the
restaurant
arcade by
the Commission must occur immediately;
and
WHEREAS, the Commission does not
want
to
lose the
opportunity to include a restaurant arcade
in
the project because
fi
of the benefits to the public good that would result from the
Implementation of the restaurant arcade)
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Section 54-100 of the Code of the City of Miami,
Florida, as amended, is hereby amended in the following
particulars 1:
ARTICLE V. BASE BUILDING LINE
SECTION 54-100. Established.
Base building lines are hereby established for the purpose
of assuring that sufficient space occurs between the street
fronts of buildings and structures; to provide for natural light
and circulation of air; to lessen the adverse effect resulting
from fire, floods, tornadoes, and hurricanes; to provide for
t access for fire -fighting apparatus or rescue and salvage
_§
_ operations; to facilitate provisions for traffic, transportation
A and circulation, and to promote safety, health, amenity and
# general welfare within the city. No building, structure, or part
b thereof, shall be erected, structurally altered, enlarged or
j extended beyond the base building lines established by this
article with the exception of encroachments or temporary
structures which are specifically permitted by the "South Florida
4.
Building Code" or this chapter. Further, restaurant arcades are
l
F allowed by revocable permits granted by the city commission trr
j on Flagler Street
l between the Miami River and Biscayne Boulevard after approval by
the city manager and recommendations by the director of public
works, the director of planning and the director of fire, rescue
and inspection services,
- Yor _ hnd/Qr figures stricken through shall be deleted,
Undorsoored words and/or figures shall be added, Remaining
prbviaiono are .now in effect and remain unchanged,
w,:
Section 3. All ordinances or parts of ordinances in
conflict herewith, insofar as they are in conflict, 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 is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami .
Section 5. The requirement of reading this ordinance on two
separate days is hereby dispensed with by an affirmative vote of
not less than four -fifths of the members of the Commission.
PASSED AND ADOPTED this 28th day of February 1985.
ATTEST:
I _:_ _�
ALPH G. ONGIE, CITY CLE
PREPARED AND APPROVED BY:
CHIEF DEPUTY CITY ATTORNEY
ROBERT F. CLARK
Maurice A. Ferre
MAURICE A. FERRE
M A Y O R
Clcrk of the City of A 'ami, Florida,
hereby eertifv// ilia[ on the.,1.7 , riay +sf
A. D. 19... �o a fu!1, tr�J•. anji correct r of lhc_ ,.l-t-we
:imi !tlt +;)iat! wCilfi'tliC \ti'� ?[)tit+'tj al liP1 �i),IIEl f).)or
of i1w Da:l.. County Cou, t lit-);Nc ,,t i1w plac;: hr.,,';cl_d
['or nvtic_s and puts icaiioilts by attaching s.tid ej)p% tc)
the placc provided therefor.
WITNESS my hand d the official seal of a;►i�l
City this... ..,.rl �' vt'.. .........
, D. w ��.
lty Clerk .
•
C
MIAMI ASV18W
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DAOE;
Biafora the
Sonia Halligan, who on undersigned
thh Says that authority
he a the Assistant to the Supervisor of Legal Advertising of t
Daily Record, a deity (ehe Mlaml Review and
xcept 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
czTY or miAMT
Res ORDINANCE NO. 9962
X X X
Inthe ......................................... .................................. Court,
was published in said newspaper in the Issues of
March 8, 1985
Afflant further says that the said Miami Revlaw and Dally
Record is a newspaper published at Miami in said Oade 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
Miami In saientered as d Dade County Florida, fori Malta? aa perriod of an* year
next preceding the first publication of the attached copy of
advertisement; and afflant further says that she has neither
paid nor promised any person, firin or corporation any discount,
rebate, commission or refund
advertisement for publics I I�tj �pep$rcuring this
0.
S�ip`sild s'.befop
ubsE ......
rJbedme this
8t day of 0-1--tt'O
85
��(SFJ1L) ��►tiP,farida at Large
My Commisslon expires Junet 1, 1947,t,�
61" OF MIAMI'
DADE COUNIV, PL6N16A
L96AL II16fl A
All interested persons Will take haute that on the .28th flay 6.
February, 1986, the City c6mmissioh of Miami, Flbfida, adopted IN
fo116WIh§ titled t)rdlnahce(s):
ORDINANCE NO, 9009
AN EMERGENCY ORDINANCE AMENDING SECTION 54,100
OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS _
AMENDED, TO DELETE REFERENCE TO A FLAGLtA STREET
OVERLAY, DISTRICT AND ADD BOUNDARIES ALONG
FLAGLER STREET WITHIN WHICH;RESTAURANT ARCAOI=S .
MAY BE PERMITTED; CONTAINING ,A REPEALER PROVI-
SION AND A SEVERABtLITY CLAUSE.
ORDINANCE NO.9963 '
AN ORDINANCE AMENDING THE TEXTOF: ORDINANCE -
NO: 9600, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 28, "MAJOR USE SPE,
CIAL PERMITS: DETAIL REQUIREMENTS," BY CLARIFYING
LANGUAGE'1N SECTION 2800 ENTITLED INTENT"• AND
REVISING' SUBSECTION 2802A TO CLARIFY THE•'PRE.
APPLICATION CONFERENCE, BY DELETING SUBSECTIONS
2802.2,'2802621, 2802.2.2, AND RENUMBERING EXISTING
SUBSECTIONS `2802.3 THROUGH 2802,4, AND AMENDING
NEWLY RENUMBERED AND EXISTING SUBSECTIONS 2802.2'`
THROUGH SECTION 28M TO ABOLISH PRELIMINARY APPLI-
CATIONS AND CLARIFY. THE APPLICATION PROCESS; FUR-,_
THER, BY AMENDING THE OFFICIAL. SCHEDULE OF. DIS•
TRICT' REGULATIONS: PAGE `3, RO.11 SO-2,, R0.2 1, ,R0-3,
00.4; RESIDENTIAL' OFFICE, TRANSITIONAL USES,`STRUC-
TURFS`AND REQUIREMENTS,.TO PROVIDE -NEW
TRANSITIONAL REQUIREMENTS AND LIMITATIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABIL•
ITY CLAUSE
ORDINANCE NO.9964
AN ORDINANCE AMENDING THE TEXT' OF ORDINANCE
NO. ;95DO,,AS.AMENDED, TH8,ZON)NG ORDINANCE -,OF
THE CITY OF MIAMI, FLORIDA; BY AMENDING ARTICLE 28
ENTITLED "MAJOR. USE SPECIAL PERMITS `DETAILED:
REQUIREMENTS" TO PROVIDE.THATTHE ZONING BOARD,
INSTEAD OF THE PLANNING ADVISORY BOARD, WILL MAKE:, ..
RECOMMENDATIONS IN REZONINGS, VARIANCES' AND SPE-
CIAL EXCEPTIONS .ASSOCIATED WITH `MAJOR'USE`SP,E-.:
CIAL PERMITS; CONTAINING A REPEALER PROVISION AND
A SEVERAMUTY CLAUSE.,1 '
ORDINANCE NO 9965"
AW ORDINANCE AMENDING THE TEXT''OF ORDINANCE ?.
NO 9500, LS AMENDED, THE ZONING ORDINANCE OF
+, 11111w Ova, 1.1 V7r0,
2018 ENTITLED OFFSITE.PARKtNG,'' BY PROVIDING FOR
CONDITIONAt,,::OFF-5ITE 'PARKING WITHIN CERT/1IN
EXPRESSWAY RIGHT -OF WAYS, AND 2036 ENTITLEp',cHtw
CARE CENTES.;RBY REVISING ACCESS LIMITATfONS,`LOT
AREA REQt11REMENTS, AND MINIMUM SIDE YARD ;REQUIRE- ,
MENTS;;FURTHER, BY AMENDING THE.QI=FIC�IAiSCHED•
ULE OF DISTRICT REGULATIONS;PAGE_; RS�I ,.R.S 2 ONE.
FAMILY DETACHED RESIDENTIAL,—AND 80•1 GENERAI.iES•
IPENTIAL, ANIj PAGE^Z;;RG•2, RG Z 7,.RG2�, RG;2,�. ANp
RG�, UNDER GI:NERAt+RESIDENTIAt, TRANSIT10Nr�L USES;
$TAUCT IRI $,,A(51P,R r VIREMFNT6;10 PRQVIDE
F,.0c
•: TAANgiTlnNA1,,lir-0C'aV.Dr11A v.,. oco a 7r.. A wi n� a Anc.. .. .. •
CR�3 COMMI�tiG1Al>REStpENTIAt, 40ENERAt: � I;lltlp'ER
PRINCIPAL,USES ANP STRUCTURES+ Sx ApPING�1+11GMTl
CLUBS AN0.. UPPER CL4JSS ;A�$ tJS S :I?ERM.IiTTEI.i OEN
ER4I Y,; CONTAINING•A REPEALER• PROVISION =AND`A ,.
MR 1o9
11
111
29,
DD DM.
DOWNTOWN DEVELOPMENT AUTHORITY
1818 One Biscayne Tower
Miami, Florida 33131
13051579.8875
INTEROFFICE MEMORANDUM
RECOMMENDATION
DATE: February 1 1985
a ry 3,
To:Rando p Rose crantz - City Manager
FROM: Roy F. Kenzie ,t Executive Director
REFERENCE: EMERGENCY ORDINANCE AMENDING SECTION
199 QF TH&6eBE OF1111- 1....,..1s MIAMi
It is recommended that the Commission adopt the attached emergency ordinance which amends
Section 54-100 of the Code of the City of Miami, as amended, to delete reference to a
Flagler Street Overlay District and to substitute boundaries along Flagler Street within
which restaurant arcades may be permitted by revocable permit.
BACKGROUND
In March 1983, Section 54-100 of the Code was amended to allow,by revocable permit,
1 restaurant arcades to be constructed over the public right-of-way in the Flagler Street
Special Overlay District.
At the time of the amendment it was felt that the Flagler Overlay District would be
created in sufficient time to accommodate the construction schedule of the developer of
the Kress Center Project at 48 E. Flagler Street who had agreed to cooperate with the
City in a demonstration project aimed at improving the pedestrian environment by
creating an arcade over the sidewalk in front of the Kress Center to provide shade and
to support a restaurant at the second level.
To date, the overlay district has not been created by the City. However the developer
has reached a point in the construction of the Kress Center where the decision to
create the restaurant arcade must be made. Further delays would jeopardize his ability
to participate in the demonstration project with the City.
Since Flagler Street, between the Miami River and Biscayne Boulevard, will be included
in the Flagler Street Special Overlay District and since the proposed Flagler Street
demonstration project falls within these boundaries, the recommended amendment will
accomplish the intent of the Commission in Section 54-100 of the Code as well as the
intent expressed in Motion 84-587 and Resolution 84-710.
Time is of the essence if this pedestrian amenity is to be accomplished.
RFK:PJA/cs
AN EMERGENCY ORDINANCE
AMENDING SECTION 54-100 OF THE
CODE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, TO DELETE
REFERENCE TO A FLAGLER STREET
OVERLAY DISTRICT AND ADD
BOUNDARIES ALONG FLAGLER
STREET WITHIN WHICH RESTAURANT
ARCADES MAY BE PERMITTED;
CONTAINING A REPEALER
PROVISION AND A SEVERABILITY
CLAUSE.
WHEREAS, Section 54-100 of the City of Miami Code was
amended in March of 1983 to allow restaurant arcades
by revocable
r,.
permits granted by the City Commission in the
Flagler Street
;,
special overlay district after approval by the
City Manager and
recommendations from various departments; and
WHEREAS, Resolution 84-710 was adopted
by the
-?�
Commission in July, 1984, approving in concept
the establishment
of restaurant arcades along downtown streets,
specifically
Flagler Street; and
WHEREAS, the City Commission has determined that a
public need exists for restaurant arcades in the downtown area in
order to accomplish the following public purposes:
1. to help improve the vitality and ambiance of Flagler
Street by providing a visual exchange of activities
between pedestrians and second level restaurant
patrons; and
2. to improve the retail mix in downtown by encouraging
the use of second floor building space for
restaurants; and
3. to provide shade and rain protection for pedestrians
along Flagler Street; and
WHEREAS, ROK Enterprises of 20 S.E. 13t Avenue has
proposed that a restaurant arcade over the public sidewalk be
included in the Kress Center Project at 48 East Flagler Street, a
redevelopment project by ROK Enterprises; and
WHEREAS, the aforementioned Kress Center Project has
proceeded to a point where if a restaurant arcade over the
sidewalk on Flagler Street is to be included, the issuance of a
revocable permit for same by the Commission must occur by
February 28, 1885; and
e a
WHEREAS, the Flagler Street Overlay District has not
been implemented to date; and
WHEREAS, the Commission does not want to lose the
opportunity to include a restaurant arcade in the Kress Center
Project because of the benefits to the public good that would
result from the implementation of the restaurant arcade.
NOW THEREFORE BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Section 54-100 of the Code of the City of
Miami, Florida, as amended, is hereby amended in the following
particulars It
ARTICLE V. BASE BUILDING LINE
SECTION 54-100.
Established base building lines are hereby established
for the purpose of assuring that sufficient space occurs between
the street fronts of buildings and structures; to provide for
natural light and circulation of air; to lessen the adverse
effect resulting from fire, floods, tornadoes, and hurricanes;
provide for access for firefighting apparatus or rescue and
salvage operations; to facilitate provisions for traffic,
transportation and circulation, and to promote safety, health,
amenity and general welfare within the city. No building,
structure, or part thereof, shall be erected, structurally
altered, enlarged or extended beyond the base building lines
established by this article with the exception of encroachment
or temporary structures which are specifically permitted by th
"South Florida Building Code" or this chapter. Further,
restaurant arcades are allowed by revocable permits granted by
the city commission
district. on Flagler Street between the Miami River and Biscazn
Boulevard after approval by the city manager and recommendatio
by the director of public works, the director of planning and
director of Lire, rescue and inspection services.
} Words and/or figures stricken through shall he
deleted. Underscored words and/or figures shall he -added.
Remaining provisions are now in offset and remain unohaaggd,
Section 2. All ordinances or parts of ordinances in
conflict herewith, insofar as they are in conflict, 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 is hereby declared to be an
emergency measure on the grounds of urgent public need for the
preservation of peace, health, safety, and property of the City
of Miami.
Section 5. The requirement of reading this ordinance
on two separate days is hereby dispensed with by an affirmative
vote of not less than four -fifths of the members of the
Commission.
PASSED AND ADOPTED this day of , 1985.
MAURICE A. FERRE
M A Y O R
ATTEST:
RALPH G. ONGIE, CITY CLERK
PREPARED AND APPROVED BY:
ASSISTANT CITY ATTORNEY
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA ALLEN DOUGHERTY
CITY ATTORNEY