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HomeMy WebLinkAboutO-09604J-83-11.2 ORDINANCE NO. n .^ n A " AN ORDINANCE AMENDING ORDINANCE NO. 9500 (UPON BECOMIidG } I.-, F E C Irl V E ) , CF1B ZONING OP.DIN.ANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE lb OF SAID ORDINANCE ENTITLED "HC: HERITAGE; CONSERVATION DIS- TRLCI'S;" MORE PARTICULARLY BY ADDING A NEW "SECTION 1611. 11C-2: RESIDI,VTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT;" PROVIDING FOR. INTENT, E FFEC'(', USE REGULA- TIONS, LIMITATIONS ON USES, AREA, YARD,-, HEIGHT, LOT COVERAGE, FLOOR AREA RATIO, LANDSCAPING, PARKING, AND CERTIFICATES OF APPROPRIATENESS; AND RY MAKING ALL THE NECESSARY CHANGES IN THE ZONING ATLAS MADE A PART OF SAID ORDINANCE NO. 9500, BY REFERENCE AND DESCRIPTION IN ARTICLE 3, SECTION 300, THEREOF; BY REPEALING ALL ORDINANCES, CODE, SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVEPART LTTY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its meeting of January 19, 1983, Item 11, following an advertised hearing, adopted Resolution No. PAF3 13-33 by a 5 to 0 vote, RECOMMENDING APPROVAL of an amendment to Ordinance No. 9500; and WHEREAS, the City Commission after careful consideration of this matter., deems it advisahle and in the best interest of the 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. 9500, adopted September 23, 1982, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending Article 16 of said Ordinance entitled "HC: HERI'TAGE CONSERVATION DISTRICTS"; more particularly by adding a new "SECTION 1611. HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT," to read as follows:l ARTICLE 16. HC: HERITAGE CONSERVATION DISTRICTS SECTION 1610. HC-1: GENERAL USE HERITAGE 1 Words and/or figures stricken through shall be 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. vote: above information merol.y indicates location of amendatory material: "SECTION 1611. HC-2: R?S.11)I?NTIAL-nFl ICE; 1-IE,R.ITAGE, CONSERVATION OVrPT,AY T)TSTRICT 1611.1 INTENT This district is intended to carry out the intent and nurp.Dses of HERI'i'AGE, CONSERVATION ZONING DISTRICTS as set forth in Section 1-600, for qualified historic sites in appropriate locations within residential zoning districts. It is i.nt-ended 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 flexihility to permit -development in an orderly manner consistent with the special sianif_icance 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 to create transitional uses. 1611.2 EFFECT OF HC-2 OVERLAY The HC-2 Overlay district shall have the effect of modifying requirements and procedures applying in existing zoning districts indicated in the Official Zoning Atlas, or zoning districts hereafter created and remaining after the HC-2 overlay district is super- imposed; to the extent provided herein. All zoning requirements, regulations, and procedures not speci- fically modified by the HC-2 overlay shall remain in full force and effect. 1611.3 PERMISSIBLE PRINCIPAL USES AND STRUCTURES 1611.3.1 PERMISSIBLE GENERALLY, WITHOUT LIMITATION ON LOCATION WITHIN THE OVERLAY DISTRICT. -2- i .� Any use permitted within the underlying zoning district shall be permissible generally, without. specific limitation on location within the FtC-2 overla district, subject to any special permits by the underlying district. 1611.3.2 PERMISSIBLE SUBJECT TO LIMITATION WITHIN THE OVERLAY nTSTRICT. The following uses, as principal uses, shall he ermissi.ble only within existing structures which contribute to the historic character of the site as identified in the designation report; and shall not he ermissible in any case where the structures) of principal historic significance within a historic site have been destroyed or damaged beyond repair for an reason; 1. Offices for the conduct oL' 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. 2. Retail sale of items related to local history and historic preservation, including, but not limited to antiques, books, art, and handicrafts; provided that such use is clearly incidental to all other principal uses on the site and does not exceed 700 square feet in floor area. 1611.4 REGULATIONS CONCERNING MINIMUM LOT PEQUIREMENTS, FLOOR AREA LIMITATIONS, MINIMUM OPEN SPACE, HEIGHT, BUILDING SPACING, OFF-STREET PARKING, LANDSCAPING 1611.4.1 REGULATIONS CONCERNING HISTORIC STRUCTURES. Any structure of historic significance, as defined in the designation report, shall be permitted to be repaired, restored, structurally altered, or changed to any use permitted within this district; notwithstanding any conflicts with provisions of the underlying zoning -3- 9604 I 4 `r district aertaininq to ininimum lot recxui.rements. floor: area limitations, minimum open space, height, hui.ldinq, spacing, off-street_ a nq, or landscaping; subject to a Certificate of_Appropri.ateness as provided in Section 1611.5. New or existing accessory structures, excludinca new tbuildinus, shall. likewise be permitted where necessary to serve exi.stin(i historic structures. 1.611..4.2 REGULATIONS CONCERNING _Afmi,rIONS AND NEW, BUILDINGS. Additions to existing huildin(js and erection of new buildings shall in all cases be subject to the floor area ratio limitations of the underlying zoning district; however, in cases where the configuration of an historic structure precludes reasonable and appropriate use of the property within other elements of the underlyinq zoning district envelope, and a greater public purpose would be served by modifying such regulations in order to permit appropriate preservation of an historic structure, then a Special Certificate of Appropriateness may authorize the following, subject to the standards in Section 1611.5: 1. A deviation of up to 20% from the underlying zoning district requirements for minimum lot size, minimum oven space, height, landscaping, and maximum lot coverage; 2. An exemption from all buil.ding spacing requirements; and 3. A reduction of off-street parking require- ments not to exceed eight parking spaces or provision of off -site parking, as provided as SECTION 2018, except that such off -site parking may also be located within any adjacent zoning district other_ than RS or RG, subject to a Class C special permit. 1611.5 CERTIFICATES OF APPROPRIATENESS -4- r All. applicable actions within the TIC-2 overlay district shall be subject to the requirements, proce- dures, and guidelines for Certificates of Appropriate_ ness, as set forth in Section 1605. In addition to the guidelines set forth in Section 1605.3, the following standards shall be observed in issuing Certificates of Appropriatenes:5 within this district: 1. The project shall not cause undue negative impact on the surrounding area in terms of compatibility with adjacent land 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; 2. The Location and arrangement of narking 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; 3. Parking and service areas shall be adequately screened from view of adjacent properties. 4. All signs, lighting fixtures, landscaping and other ao purtenant elements shall be suitable for the historic character of the site and compatible with the surrounding area; and 5. All plans shall be in accord with the intent and purpose of this district and to the benefit of the general public." Section 2. The Zoning Atlas made a part of said ordinance No. 9500, by reference and description in Article 3, Section 300, thereof, is hereby arnended to reflect any changes made necessary by the amendments. -5- 9604 4 Section 3. That all ordinances, code sections or parts thereof in conflict herewith are herehy repealed insofar as they are in conflict. Section 4. 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 24th day of ,larch , 19R3. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONTLY this 28th day of April. 1983. _ Maurice A. Furru MAURICE A. FERRE, Mayor ATTEST: \ RALP.H G. ONGIE `City Clerk PREPARED AND APPROVED BY: IWit. � ,. / } �•�, , � ! JOEIj E. MAXWELL Assistant City Attorney APPROVED AS TO FORM AND CORRECTNESS: "'.4aOSE R. GARCIA-PEDROSA City Attorney r. wpc/pb/062/(2) r l lh� id.., l ill'_1.•tot'. �', j j ;\ I-:'i5 ..;_� II:,II,I ;ll�l�__I�IC 1>i i ill:;l ,.... t!I •:Ili 9GO4 61 Howard V. Gary February 7, 1983 Cicy Manager ORDINANCE AMENDMENTS - RECOMMENDED SECTION 1611 HC-2: RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT urelio E. Perez-Lugones AUU1I1UN TO ORD. 9500 Direccor COMMISSION AGENDA - FEBRUARY 24, 1983 Planning and Zoning Boards -`�' `' PLANNING AND ZONING ITEMS ---___-Administration Department- --- -- --- -- ------ -- -- - ---- - — -- — --- "It is recommended that an Addition of a new Section 1611, HC-2- residential Office Heritage Conservation Overlay District, asamended, to the ompre ensive Zoning Ordinance 9500, be approved." The Planning Advisory Board, at its meeting of January 19, 1983, Item 11, following an advertised hearing, adopted Resolution PAB 13-83, recommending approval of the above petition by a vote of 5 to 0 which would amend the Zoning Text of Ordinance 9500 by adding a new Section 1611, 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 inforination is included for your review. An ORDINANCE to provide for this Ordinance Amendment has been prepared by the Cicy At-torney's Office and submitted for consideration of the City Commission. GF:111 cc: Law Department NOTE: Planning Department recommendation: APPROVAL 9604 PLANNING FACT SHEET APPLICANT: City of Miami Planning Department: December 15, 1982 PETITION: 11. Consideration of recommendations concerning) an amendment to the Zoning Text of Ordinance No. 9500, the New Zoning Ordinance of the City of Miami, Florida, by adding a new Section 1611. HC-2 RESIDENTIAL OFFICE HERITAGE CONSERVATION OVERLAY DISTRICT, including provisions for intent, effect, use regulations, limitations on uses, area, yards, height, lot coverage, floor area ratio, landscaping. parking, and Certificates of Appropriateness. (This is a companion item to Item 10.) REQUEST: Create a new type of Heritage Conservation Overlay District, "HC-2." BACKGROUND: 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 remove 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 2W from minimum lot size, setbacks, minimum open space, height, landscaping. d. reduction of off-street parking requirements up to 1007 or provision of off -site parking within 600 feet. In granting the above changes, the Heritage Conservation Board must find that the project meets specific standards concerning impacts on the surrounding area. RECOMMENDA.TIONS: PLANNING DEPT.: Approval HERITAGE CONSERVATION BOARD: Approval PLANNING ADVISORY Approval by a 5-0 vote January 19, 1983 of revised draft presented BOARD: by the Planning Department, further amending the text by adding "scope and scale" and "is not intended to create transitional uses" to intent Section 1611.1 and adding "existing" to Section 1611.3.2. .w ORDINANCE NO. 9500, ORDI';:' CE OF THE CIT'1 � i~IlAMI, FL0i TDA PROPOSED SECTIO:1 I611.. IIC-2: RESIDFNTTAL-OFFICE 11 RTT.,\GE CO:1:4F?E':ITIW, O` EPLAY DISTRICT SF:C I' I0',,1 1611. 1 INTENT This district is intended to carry out the intent and purposes of HERITAGE CONSERVATION ZO'IING DISTRICTS as set forth in Section 1.600, for qualifi_eci h.ist017i.0 sites in appropriate locations %vithin residen- tial zoning districts. It is intended to promote preservation Of such historically significant buildings and their grounds by providincl for an economically productive adaptive reuse. This district is further intended to provide flexibility to permit dovelopment in an orderly manner consistent with the special significance and visual character of such buildincls and grounds; and is intended to ensure that develop- ment is within the scope and scale of the surrounding area; and is not intended to create transitional uses. SECTION 1611.2 EFFECT OF HC-2 OVERL.=1Y The HC-2 overlay district shall have the effect of modifying require- ments and procedures applying in existing zoning districts indicated in the Official Zoning Atlas, 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 pro- cedures not specifically modified by the HC-2 overlay shall remain in full force and effect. SEC`.PION 1611.3 PERT,IISSIBLE PRINCIPAL USES AND STRUCTUPY'S 1611.3.1 Permissible Generallv, without Limitation on Location Within the Overlav District. Any use permitted within the underlying zoning district shall be permissible generally, without specific limitation on loca- tion within the HC-2 overlay district, subject to any special permits required by the underlying district. 1611.3.2 Permissible Subject to Limitation within the Overlay District. The following uses, as principal uses, shall be permissible only within existing structures which contribute to the historic char- acter of the site as identified in the designation report; and shall not be permissible in any case where the structure(s) of principal historic significance within a historic site have been destroyed or damaged beyond repair for any reason: 1. Offices for the conduct of real estate, mortage financing (excluding banks and savings and loans), insurance, or offices of architects, attorneys, accountants, tax consultants, engineers, dentists or doctors (excluding clinics), designers, deco- rators, appraisers or artist studios. 2. Retail sale of items related to local history and historic preservation, including, but not limited to antiques, books, art, and handicrafts; provided that such use is clearly incidental to all other principal uses on the site and does not exceed 700 square feet in floor area. SECTION 1611.4 REGULATIONS CONCERNING MINIMUM LOT REQUIREMENTS, FLOOR AREA LIMITATIONS, MINIMUM OPEN SPACE, IiEIGHT, BUILDING SPACING, OFFSTREET PARKING, LANDSCAPING 1661.4.1 Regulations Concerning Historic Structures. Any structure of historic significance, as defined in the designation report, shall be permitted to be repaired, restored, structurally altered, or changed to any use permitted 'this district; notwithstanding any conflicts with provisions of the underlying zoning district pertaining to minimum lot requirements, floor area limita- tions, minimum open space, height, building, spacing, off-street parking, or landscaping; subject to a Certificate of Annronriateness as provided in Section 1611.5. New or existing accessory structures, ex- cluding new buildings, shall likewise be permitted where necessary to serve existing historic structures. 9604 0 a 161.1.4.2 Rc—ulations C(>ncernincl Additions and New Buildincrs. Additions to L'Xistin�.r buildings and erection o` now buildings shall in all cases be subject to the floor area ratio limitations of the I1n(jerlyincj zonin,1 district; holaever, iI1 cases where the c0nf.i1Jura- tion of all historic; structure precludes reasonable and appropriate Llse of the property within Other elei),lents of the under lyin�l Z0I1inci district envelope, and a greeter public purpose would be serve(? by modifying such regulations in order to permit appropriate preservation of an historic structure, then a Special Certificate of Appropriateness may authorize the followin<;, subject to the standards in Section 1611.5: 1. A deviation of up to 20" from the underlying zoning district requirements for minimum lot size, minimum open space, heiciht, landscaping, and maximum lot coverage. 2. An exemption from all building spacing requirements. 3. A reduction of off-street parking requirements up to 1.00'; or provision of offsite parking, as provided as SECTION 2013, except that such off -site parking may also be located within any adjacent zoning district other than RS or RG, subject to a Class C special permit. SECTION 1611.5 CERTIFICATES OF APPROPRIATENESS All applicable actions within the 11C-2 overlay district shall be subject to the requirements, procedures, and guidelines for Certificates of Appropriateness, as set forth in Section 1605. In addition to the guidelines set forth in Section 1605.3, the following standards shall be observed in issuing Certificates of Appropriateness within this district: 1. The project shall not cause undue negative impacts on the surrounding area in terms of compatibility with adjacent land 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; 2. The location and arrangement of parking 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; 3. Parking and service areas shall be adequately screened from view of adjacent properties; 4. 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 5. All plans shall be in accord with the intent and purpose of this district and to the benefit of the general public. -2- 0604 0 E 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 Wtlllams, who on oath says that she is the Director of Legal Advertising of the Miami Review and Daily 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 Advertlsement of Notice In the matter of CITY Or MIA'•lI Re: ORDTNAiJCE N0, 9604 `r Court, Inthe ....................................... . was published in said newspaper in the Issues of Clay 5, 1983 Afflanl further says that the said Miami Review and Daily Record Is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dada 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 sold Dade County, Florida, for a period of one year next preceding the first publication of the attached cop yy of advertisement; and affiant further asys that she has naithar paid n9� promised any person, firm or coMoratlon any discount. rabat� tommission or refund for the purpose of securing this advedls%ment lot public 1911bf, .1aid newspaper. 'G S' .�......... .... Sin to Md'subscrlbed before me this �?.a.. day Beft J:'Brooks Ootary PtkbUe Slate pl Florida at Large (SEAL) My Commission expires' Junal 1; 1983. public h0 0t1W*VACIS%-1K:;_11 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 MELVIN 0. LITTLEFIELD and JENETA B. LITTLEFIELD, his wife, ei at, 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 CircL't Court of the Eleventh Judicial Circuit in and for Dade County, Florida, wherein SPENCER SAVINGS AND LOAN ASSOCIATION Plaintiff, and MELVIN O. LITTLEFIELD and JENETA B. LITTLEFIELD, his wife, et all, 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 Seal) by V. Clark Deputy Clerk Attorney for Plaintiff Y ocinir ARD. P.A. PURSUANT TO CHAPTER 45 IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR DADE COUNTY CIVIL ACTION NO. 82.21502 Section 25 FLAGLER FEDERAL SAVINGS AND LOAN ASSOCIATION OF MIAMI, Plaintiff •vs- DOMINIC B. DISTEFANO. et ar Defendants NOTICE IS HEREBY GIVEN pu suant to an Order or Final Jud, ment dated March 9. 1983, a( entered in Civil Action Case N 82.21502 of the Circuit Court the Eleventh Judicial Circuit in ar for Dade County. Florida, where FLAGLER FEDERAL SAVING AND LOAN ASSOCIATION 0 MIAMI. Plaintiff, and DOMINIC l DISTEFANO, et at, Defendants. will sell to the highest and be, bidder for cash in the lobby at It South front door of the Dac County Courthouse in Miami. Dac County. Florida at 11:00 o'cloc 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, c the Public Records of Dad County, Florida; together with the improve 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 Seat) by V. Clark Deputy Clerk Attorney for Plaintiff KEITH, MACK, LEWIS & ALLISOP Jack Lewis, Esq, 111 N.E. 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