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HomeMy WebLinkAboutO-09603,1-83-11.3 ORDINAANCE NO. q t• _�i� _ AN ORDINANCE. AMENDING ORDINANCE NO. 6871, AS AMENDED, T11I COMPREHENSIVE ;ZONING ORDINANCE _ FOR THE CITY OF MIAMI, RY AMENDING ARTICLF I'll - ZONING DISTRICTS, SECTION 1-CLASSES AND SYMBOLS, BY ADDING "HC-2: RrSIDR.N7'IAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRTC'I' AFTLR 11C-1: (7ENERAL USE, HERITAGE CONSERVATION OVERLAY DISTRICT"; FURTHER,BY ADDING A NEE, "ARTICLE XXI-11 (9,C-2) RESIDENTIAL OFFICE CONSERVATION OVERLAY DISTRICT"; PROVIDING FOR INTENT, EFFECT, IISh REGULATIONS, LIMITATIONS ON USES, AREA, YARDS, HEIGHT, LOT COVERAG'', FLOOR AREA RATIO, LANDSCAPING, OFF-STREET PARKING AND CERTIFICATES OF APPROPRIATENESS; BY MAKING THE NECESSARY CHANGES IN THE 7,ONING DIS`PRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AN]-.) DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; AND PY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERARILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its meeting of January 19, 1983, Item 10, following an advertised hearing, adopted Resolution No. PAR 12-83 by a 5 to 0 vote, RECOMMENDING %APPROVAL of amending Comprehensive Zoning Ordinance 6871; and WHEREAS, the City Commission after careful consideration of this matter, deems it advisable and in the best interest of t,ae general welfare of the City of Miami and its inhabitants to grant this amendment as 'hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF ThE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 6871, as amended, the Com- prehensive Zoning Ordinance [or the City of Miami, is hereby amended by amending ARTICLE III - ZONING DISTRICTS, SECTION 1-CLASSES AND SYMBOLS, to read as follows:l ARTICLE, III. - ZONING DISTRICTS Section 1. - CLASSES AND SYMBOLS 1 Words and/or_ figures stricken through shall he deleted. Under- scored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 6 SYMI30L RFSIDF.NTTAI:, DISTRICTS R.-1 One -Family Dwelling INDUS`i'RIAL 111-IC-1 GENERAL USE HERITAGE CONSERVATION OVERLAY DIS'rPICT. NOTE: Above information merely indicated location of amendatory material: HC-2 RESIDENTIAL OFFICE CONSERVATION OVERLAY rrnmi�rnm Section 2. Said Ordinance i`,o. 6871 is hereby further amended by adding a new .Article XXI-11 (HC-2) Residential Office Heritage Conservation Overlay District; providing for intent, effect, use regulations, limitations on uses, area, yards, height, lot coverage, floor area ratio, landscaping, parking, and Certificates of Appropriateness, to read as follows: "ARTICLE XX1-11 HC-2-RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRIC`_r SECTION 1: INTENT This district is intended generally to carry out the intent and purposes of HERITAGE CONSERVATION ZONING DISTRICTS as set forth in the GENERAL PROVISIONS, Article IV, Section 46, for qualified historic sites in appropriate locations within residential zoning districts. It is intended to promote preservation of such historically significant buildings and their grounds by providing for an economically productive adaptive reuse. This district is further intended to provide flexibility to permit development in an orderly manner consistent with the special significance and visual character of such buildings and grounds; and is intended to ensure that development is within the scope and scale of the surrounding area; and is not intended -2- 969 3 to create transitional. uses. SECTION 2: EFFECT The HC-2 Overlav district shall. have the effect of modifying requirements and prncerlur.es applying in existing zoning districts, or zoning districts hereafter created and remaining after the HC-2 overlay district is superimposed, to the extent provided herein. All zoning requirements, regulations, and procedures not specifically modified by the HC-2 overlay shall remain in full force and effect. SECTION 3: USE REGULA"NONS No building or structure, or part thereof, shall be erected, altered, or used, or land or water used, in whole or in part, for other than one or Tore of the following specified uses: (1) Any use permitted within the underlying zoning (2) Offices for the conduct of real estate, mortgage financing (excluding banks and savings and loans), insurance, or offices of architects, attorneys, accountants, tax consultants, engineers, dentists or doctors (excluding clinics), designers, decorators, appraisers or artist studios; and (3) Retail sale of items related to local history and historic preservation, including, but not limited to antiques, books, art, and handicrafts; not exceeding 700 square feet in floor area and subject to the provisions of Section 4 and 6 below. SECTION 4: LIMITATIONS ON USES (1) Any use listed in Section 3, items (2) or (3) shall only be permitted within existing structures -3- 9003 which contribute to the historic character of the site as identified in the designation report, and shall not be construed to be permitted generally throughout this district. 2) In the event that the structure(s) of principal historic significance within a historic site is destroyed or damaged beyond revair for any reason, only those uses identified in item (1) of Section 3 shall he permitted on the premises. SECTION 5: AREA, YARDS, HEIGHT, LOT COVERAGE, FLOOR AREA RATIO, LANDSCAPING, OFF-STREET PARKING (1) Any structure of historic significance, as defined in the desiqnation report, shall he permitted to be repaired, restored, structurally altered, or changed to any use permitted in this district, notwithstanding the provisions of ARTICLE XXVIII, Section 1: NON -CONFORMING BUILDINGS AND STRUCTURES; ARTICLE XXIII: OFF-STREET PARKING AND LOADING, and any provisions of the underlying zonina district pertaining to landscaping and open areas. Ancillary structures, such as fences, walls, parking, and access drives, needed to serve such existing buildings shall likewise be permitted, subject to approval by a Certificate of Appropriateness as provided in Section 6. (2) Additions to existing buildings and erection of new buildings shall in all cases be subject to the provisions of the underlying zoning district pertaining to floor area ratio; and shall generally be subject to such provisions pertaining to yards and area for residential uses, height, setbacks, lot coverage, landscaping, and off-street parking, except that where the -4- 9603 confiqurat-ion of an existing historic structure precludes reasonable and, appropriate use of the property within the a plicable zoning envelope, and a greater- public purpose would be served by modif.yinq such regulations in order to permit appropriate preservation of an historic structure, then a Special Certificate -of Appropriateness issued by the Heritage Conservation Board, ma authorize the following, subject Lo the standards of Section 6: (a) A deviation of up to 20% from the underlying zoning district requirements for minimum lot size, minimum open space, height, landscaping, minimum yard area, and maximum lot coverage; and. (b) A reduction of off-street parking require- ments up to 1000, or provision of off -site arkinq at a remote location within 600 feet of the subject site. SECTION 6: CERTIFICATES OF APPROPRIA`ENESS All applicable actions within this district shall be subject to the requirements, procedures, and guidelines for Certificates of Appropriateness, as set forth in paragraphs (6), (7), and (8) of Article IV, Section 46 HERITAGF CONSERVATION ZONING DISTRICTS (HC) GENERAL PROVISIONS. In addition to the guidelines set forth in Article I-V, Section 46, the following standards shall be observed in issuing Certificates of Appropriateness within this district: (a) The project shall not cause endue negative impacts on the surrounding area in terms of compatibility with adjacent land uses, 06'fl q, 6 0 3 i vehicular ingress and egress, oedestr.ian safety and ewivenience, nark my p, bl is utilities and -services,_. lighting, noise, or other potenti311v arjvcrse impacts on adjacent residential areas; (b) The location and arrangement of parking and acc.es:; drives shall !;e coin PatihIe with special historic inteklrity ariJ visual. character_ of the structure(s); and the spacing and dimensions of such parking and access drives shall provide at least minimum safety standards for compact automobiles; (c) Parking and service areas shall be adequately screened From view of adjacent properties. (d) All signs, lighting fixtures, landscaping and other appurtenant elements shall be suitable for the historic character_ of the site and compatible with the surrounding area; and (e) All plans shall be in accord with the intent and purpose of this district and to the benefit of the general public." Section 3. That all ordinances, code sections, or parts thereof in conflict herewith are hereby repealed insofar as they are in conflict. Section 4. The Zoning District flap made a part of Ordinance No. 6871 by reference and description in Article III, Section 2 of said Ordinance is hereby amended to reflect the changes made necessary by the amendments. Section 5. Should any part or provision of this Ordi- nance be declared by a court of competent jurisdiction to be invalid the same shall not affect the validity of the Ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 24LI, day of March , 1983. 9603 PASSED AND ADOPTED ON SECOND AND FINAL READING, BY TITLF. ONLY th i s 2Hth day of Apl. i 1, 1983. Maurice A. Ferre MAURICE A. FFRRE, Mayor --,A,'EST: nL.15 H G. ONGTF ty Clerk PREPARED AND APPROVED BY: JOEL E. Mt\XWELL Ai�sistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: JJOSE R. GARCIA-POLIPROSA City Attorney 0 wpc/pb/063/(2) &A.11 i t -woe, W -7- () q () 3 U 14 21 Howard V . Gary City ;Manager Aurelio E. Perez-L g nes Director Planning and Zoning Boards Administration Department February 7, 1903 ORDINANCE AMENDXENTS - RECOMMENDED ARTICLE III AND ARTICLE XXI-11 HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVATIOA OVERLAY DISTRICT ADDITION TO ORD. 6371 COMMISSION AGENDA - FEBRUARY 24, 1903 - PLANNING AND ZON i !G I Trr P5 "It is recommended that an Amendment to Article III, Sec �ion 1, an-- tTi—e— addioion of a new Article XXi-ll HC-2: Residential—OT-riceser-itage Triserva 06nfiverlay District, as amendea; to t le Comar Aen-site Zoning Ordinance 6871, be approved." The Planning Advisory Board, at its meeting of January 19, 1933, Item 10, following an advertised hearing, adopted Resolution PAB 12-03, recommending approval of the above petition by a vote of 5 to 0 which would amend Article III, Section I by adding "HC-2: Residential Office Heritage Conservation Overlay District" providing for intent, effect, use regulations, limitations on uses, area, yards, height, lot coverage, floor area ratio, landscaping, parking and Certificates of Appropriateness. Backup information is included for your review. An ORDINANCE to provide for these Ordinance Amendments has been prepared by the City Attorney's Office and submitted for consideration of the City Commission. GF:III cc: Law Department NOTE: Planning Department recommendation: APPROVAL 9 r)o 3 PLANNING FACT SHEET APPLICANT: City of Miami Planning Department: December 15, 1982 PETITION: 13. Consideration of recommendations concerning amendments to Compre- hensive Zoning Ordinance =6871, as amended, by adding a new ARTICLE XX I-11, HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAP DISTRICT, providing for intent, effect, use regulations, limitations on uses, area, yards, height, lot coverage, floor area ratio, landscaping, parking, and Certificates of Appropriateness; and amending ARTICLE III ZONING DISTRICTS, Section 1, by adding "HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT" to the list of zoning districts following HC-l. This is a companion item to Item 11.) — REQUEST: Create a new type of Heritage Conservation Overlay District, "HC-2." BAC.:GROUND: The Heritage Conservation Ordinance was designed to provide several types of HC overlay districts, which could be used to modify the underlying zoning regulations in such a way as to remova zoning impediments to historic preservation, and to provide incentives to private property owners to rehabilitate historic buildings. ANALYSIS: The HC-2 overlay would give the Heritage Conservation Board authority to grant the following, subject to approval of detailed site plan and exterior facade design: a. use of existing historic buildings for professional offices or incidental sale of historic preservation items. b. construction of new buildings or additions to existing buildings - for use only as permitted in the underlying zoning district. c. deviation up to 20'n from minimum lot size, setbacks, minimum open space, height, landscaping. d. reduction of off-street parking requirements up to 100" or provision of off -site parking within 600 feet. In granting the above changes, the Heritage Conservation Board must find that the prnject meets specific standards concerning impacts on the surrounding area. y RECOMMENDATIONS: PLANNING DEPT.: Approval HERITAGE CONSERVATION BOARD: Approval 9603 PLANNING ADVISORY Approval, by a 5-0 vote, January 19, 1903 of a revised BOARD: draft presented by the Planning Department, further - amending the text by adding "scope and scale" and "is not intended to create transitional uses" to intent Section 1 and adding "existing" to Section 4(1). 9603 0 i COMP P,I:HE S1.VE Z01; I:'I 0,1.1) [:: ANC 6H 7 1 , AS AMEN I_ ED: ICI jTOSED AR`i'Ll_LE XI- 11 IIC RESIDENTIAL OFFICE HEP.ITAGr r'W..;R.ATT"7 DI: ` PfCT, Suction 1: INTENT This district is intended jenerally to cAr ry nut the intunt on,.', purpnscs of HERITAGE CONSERVATION ZONING G DTS7ECTS as set Forth in the GENERAL PRO`,'ISIONS, Article IV, Section 46, for quali`ie, historic sites in appropriate locations within residential 7.C`ilin,: districts. It is intended to uromoto proser`t'at10n of such his- torically significant buildinqs any: their grounds by provldind f ul an econollicnlly productive adaptive reuse- This district is further intended to provide floxibl.i lity to permit development in an order!,..' !'., manner coIlsistent with the special sian.Vicance and visual charac.tOr of such buildings and grounds; and is intended to ensure that Cl07010P- ment is Within the scope and scale of the surrounding area; and is not intended to create transitional uses. Section EFFECT — The IIC-2 overlay district shall have the effect of nmodifyiny require- I1lents and procedures applying to existing zoning districts, or noninc districts hereafter created and remaining after the IIC-2 overlay district is superimposed, to the extent provided herein. All zcning requirements, rejulations, and procedures not specifically modified by the HC-2 overlay shall remain in full force and effect. Section 3: USE REGULATIONS No building or structure, or part tneroof, shall be erected, alte'_"el, _ or used, or iand or water used, In whole or In part, for other th�wll one or more or the followinq specifies uses: Il) Any use permitted in the underlying zoning district. (2) Offices for the conduct of real estate, mortauage financing (excludins banks and savings and loans), insurance, or offices Of architects, attorneys, accountants, tax consultants, en- gineers, dentists or doctors (excluding clinics) , designers, decorators, appraisers or artist studios. (3) Retail sale of items related to local history and historic preservation including, but not limited to antiques, boos, art, and handicrafts; not eNceeding 700 square feet in floor area and subject to the provisions of Sections 4 and G below. Section 4: LIMITATIONS ON USES (1) Any use listed in Section 3, items (2) or (3) shall only be permitted within existing structures which contribute to the historic character of the site as identified in the designation report, and shall not be construed to be permitted generally throughout this district. (2) In the event that the structure(s) of principal historic sig- nificance within a historic site is destroyed or damaged beyond repair for any reason, only those uses identified in item (1) of Section 3 shall be permitted on the promises. Section 5: AREA, `WARDS, IiEIGHT, LOT COVERAGE, FLOOR AREA RATIO, LA DSCAPILIG, OFF-STREET PARKING (1) Any structure of historic significance as defined in the desiclna- tion report shall be permitted to be repaired, restored, struc- turally altered or changed to any use permitted in this district, notwithstanding the provisions of ARTICLE X`{VIII, Section 1: NON-CONPOR11ING BUILDINGS AND STRUCTURES; S; ARTICLE XXIII:. OFF- STREET PARKING AND LOADING; and any provisions of the underlying zoning district per.taini.ng to landscap.iny and open areas. Ancillary structures, such a5 fences, walls, parkincl, and access drives, needed to serve such ozi.stind buildings shall likewise be permitted, subject to approval by a Certificate of Appropriate- ness as provided in Section 6. -1- 960 3 k l') AAKt.i_ns t. ._..;i_ 4n, h:,_i_Min s and erection OF n•_.w h'.:iWin 1t. shall In all ca ns bw su gala to the prnA.`_;Wns M the under- 1 i_n n& 1 di 2Lrict. portaKin , to flour area ratio; and shAl? c 1W011'." hn nub jnct t- such prnvisi-ns perLain i nn to ; aras an._I area fur restUntial uses, hciyht, setbacks, 1nt <'-voraAq, l:. nAsc i in r, anA W `-` Lree t parl ini, excupt that ld}7C'rc the con- Mucat�inn of all ozist1n ; htst"rlc stricture proc1udas reasonah1C' and appropriate use of the, prop rty within the applicable zonin: envelope, an'_l a arnaLor public piirpuse would be served by mudl- fyinq such regulations in order to permit apprnnriato proser a- tion of an historic structure, than a Spoc.ial_ Cartificnte of Appropriateness i:i:,:_ied by the HC 1i t� fe CoisoratiCn Huard ma, ' authorize the f`u.1.1.q•:;inw, subject to the standards of Section 6: (a) A deviation nT up to 207 from the underlying zoning district: requirements for minimum lot size, minimum open spaco, hC1a't, l_andscapiny, , minimum um yard area, and maximum lot cove ra Ue . (b) A reductiun of of `-stroot p,arking requirements up to 1=, or provision of of c -sito parking at a remote location within 600 Coat of the subject site. Section 6 : CERTIi'ICA`1'I;:_ OP APPROPRIATENESS All applicable actions within this district shall be subject to the requirements, procedures, and guidelines for Certificates of Appropriate- ness, as Set forth in paragraphs (6) , (7) , and (8) of Article IV, Section 46; HERITAGE CONSERVATION TIO_I ZONING DISTRICTS (IiC) GENERAL PROVISIONS. In addition to the guidelines set forth in article IV, Section 46, the following standards shall be observed in issui.n_; Certificates of Appropriateness in this district: 4 (a) The project shall not cause undue negative impacts ' on the surrounding; area in terms of compatibility with adjacent lane: uses, vehicular ingress and egress, pedestrian safety and convenience, parking, public utilities and services, lighting, noise, or other potentially adverse impacts on adjacent residential areas; (b) The location and ar.rancemont of parkins, and access _ drives shall be compatible with special historic integrity and visual character of the structure(s); and the spacing and dimensions of such parking and access drives shall provide at least minimum safety standards for compact automobiles; (c) Parking and service areas shall Inc adequately scr:tined from view of adjacent properties; (d) All signs, lighting fixtures, landscaping and other appurtenant elements shall be suitable for the historic character of the site and compatible with the surrounding area; and (e) All plans shall be in accord with the intent and purpose of this district and to the benefit of the general public. -2- 96,03 0 0 MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sarah Willlams, who on oath says that she Is the Director of Legal Advertising of the Miami Review and Deily Record, 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 Re : ORDINANCE,' NO. 9603 Inthe.............y, ............................ Court, was published In said newspaper In the Issues of May 5, 1983 Afflant further says that the sold Miami Review and Dally Record 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 mall matter at the post office In Miami In said Dade County, Florida, for ■ period of one 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, firm or corporation any discount, robot ommisslon or refund for the purpose of securing this adwdldement for pub �Ql thsf r" newspaper. soorg,, nr 444"rlbi4 before me this Sth . day of . t • Ni.. ..:;`;.....; A:o.Itl....' 3 / %�'�" -• Bettyy J..fltoQiis ilib{�ry' Rubitp,. Slain pf' Florida at Large (SEAL) rri; , . ulk My Commission expires Ju41,I1,I h!i. MR 110 public notices foreclosure sale NOTICE OF SALE PURSUANT TO CHAPTER 45 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT', OF FLORIDA IN AND FOR DADE', COUNTY CIVIL ACTION NO 82.21742 Section 10 SPENCER SAVINGS AND LOAN ASSOCIATION, Plaintiff -v5- MELVIN O. LITTLEFIELD and JENETA S. LITTLEFIELD, his wife, et al, Defendants NOTICE IS HEREBY GIVEN pur suant to an Order or Final Judg- ment dated March 8, 1983, and entered in Civil Action Case No. 82.21742 of the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, wherein SPENCER SAVINGS AND LOAN ASSOCIATION Plaintiff, and MELVIN 0. LITTLEFIELD and JENETA B. LITTLEFIELD, his wife, et al, Defendants, I will sell to the highest and best bidder for cash in the lobby at the South front door of the Dade County Court- house in Miami, Dade County, Flor• ida at 11:00 o'clock A.M., on the 13th day of May, 1983, the follow- ing described property as set forth in said Order or Final Judgment. to wit: Lot 13, Block 11, RANDALL PARK, according to the Plat thereof, as recorded in Plat Book 53, Page 20, of the Pub- lic Records of Dade County, Florida, AND including the structures and improvements located thereon. DATED this 27th day of April, 1983. RICHARD P. BRINKER Clerk of said Circuit Court (Circuit Court Seat) by V. Clark Deputy Clerk Attorney for Plaintiff KRAUSE & REINHARD, P.A. David M. Krause, Esq. t�V VL Vf JA Li. PURSUANT TO CHAPTER 45 N THE CIRCUIT COURT OF TH ELEVENTH JUDICIAL CIRCU' OF FLORIDA IN AND FOR DA[. COUNTY CIVIL ACTION NO 82.21502 Section 25 FLAGLER FEDERAL SAVING AND LOAN ASSOCIATION C MIAMI, Plaintiff vs- DOMINIC B. DISTEFANO, et Defendants NOTICE IS HEREBY GIVEN p, suant to an Order or Final Jud inenl dated March 9, 1983. at entered in Civil Action Case N B2221502 of the Circuit Court the Eleventh Judicial Circuit in at for Dade County, Florida, where FLAGLER FEDERAL SAVING AND LOAN ASSOCIATION C MIAMI, Plaintiff, and DOMINIC DISTEFANO, et al, Defendants will sell to the highest and be. bidder for cash in the lobby at it South front door of the Dar. County Courthouse in Miami. Da( County, Florida at 11:00 o'c1o( A.M., on the 13th day of May, 198 the following described proper as set forth in said Order or Fin Judgment, to wit: Lot 5, in Block 2, of NORT LINKS COUNTRY CLU ESTATES, according to th Plat thereof, as recorded i Plat Book 111, at Page 70, t the Public Records of Dad County, Florida; together with the !mprovi ments, fixtures and appliance contained therein as describe in said mortgage. DATED this 27th day of Apri 1983. RICHARD P. BRINKER Clerk of said Circuit Court (Circuit Court Seal) by V. Clark Deputy Clerk Attorney for Plaintiff KEITH, MACK, LEWIS & ALLISOf Jack Lewis, Esq. 111 N.E. First St.; Suite 500 Miami, Florida 33132 358.7605 First publication or this notic on the 28 day of April, 1983. 4128 5l5 —_ M83 04284 NOTICE OF SALE PURSUANT TO CHAPTER 45 IN THE CIRCUIT COURT OF THI ELEVENTH JUDICIAL CIRCUI r)F Fi nmr)A. 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