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HomeMy WebLinkAboutR-79-05645` RESOLUTION NO. A RESOLUTION SETTING,FORTH A"PROPOSED"CHARTER AMENDMENT -AMENDING; SECTION:3(4) OF"THE CHARTER --OF THE CITY OF``MIAMI, KNOWN ':,AS CHART -ER AMENDMENT NO. 2, TO PROVIDE"FOR BUILDING"PLACEMENT LIMITATIONS UPON PROPERTY LOCATED ON"BISCAYNE.BAY OR:.UPON THEE MIAMI RIVER FROM ITS MOUTH TO. THE N.W. 5TH STREET`: BRIDGE,. IN ORDER".TO PRESERVE THE CITY'S NATURAL •"SCENIC BEAUTY,, TO GUARANTEE'<OPEN""SPACES, AND -,TO" '.PROTECT THE W.ATERF.RONTBY IMPOSING, KIN IMUM.`FRONT AND SIDE'SETBACREQUIREMENTS, SUBJECT TO WAIVER' UPON=KCERTAIN .;CONDITIONS -AND FURTHER ;SUBJECT TO CERTAIN •EXCEPTIONS-. "DOCUMENT INDEX ITEM NO. CITY COMMISSION MEETING OF JuL? �97956 ROOLUTmON NO REMARKS: 1; .sr r 4 BE IT RESOLVED IT TEE COMMISSION OT TEE CITY OT MIAMI, )r'LCRIDh $ section 1. The City Commission of -the City of Miami hereby submits the following proposed charter amendment for submission to the electors of the City of Miami at the special municipal election of September`18, 1979, to become effective upon its, approval by the electors, which amendment is hereby found necessary for the protection of the natural 'nvironmentsl features of the waterfront and for the. .oreservatiof of its ecological. balances Spe in t CEARTER 'AMENDMENT NO, of Miami Charter, Chapter 10847, Section 2(4),of the City iai Acts, Laws of Florida, 1925, as amended, is hereby amended he foi1cwir.y particulars: 1/ "Section 3(4): Powers - Building and Zoning. (a) The commission of the City of Miami may, by crOinauce, provide regulations and restrictions governing t).e height, amber of stories and site of buildings and structures, the percentage and portion of lot that nay be occupied, the site of yards, courts, and other oen spaces, and the location, use of buildings, struc- tures, and Sand for trade, industry, residences, apartment },(".l5,-s and other purposes. Such regulations may provide • for a boardof appeals to determine and vary their appli- cation in harmory with their general purpose and intent, and in accordance with the general provisions of the ordinance. 3f (b) 'Inorder to_Lreserve thl Citxls natural scenic reauty_to 2asantee ea , spa_ , and to protect tie wacesfront, anything is this Charter or the ordinances of the City to the, contrary notwithstanding, neither the City nor any of its a encies shall issue buildiai permits for ajLsurface _paiking os enclosestructures located on Biscayne Bay or the Miami River from its mouth t_ __5th Street $ridge,•(1) which are•nbt set Lack at least 50 feet from the seawall (where the depth of the lot is less than 200', the setback shall be at. least 25% of the lot depth% and (2) which do not have average sid•+ yards eyuai in aggregate to at least 25% of the waterfrontage of each lot based on average lot width. The above setback and sideyard requirements may be modi- fied by the City Commission after design and site plan review and pillic hearing only if it is determined that the modifier ions requested provide'public benefits such as direct puolic access, public walkways, ,plaza dedications, covered Earking up to the flood [lain level, or comparable benefits which promote a better urban environment and public_advantages or which preserve natural features. Norris and/or figures stricken btbegh shall ameadmentepsoposed. ltemaiaiagsd words and/or figures constitute provisions are now tin `nasQacbadngrdmatssiaiaagsd. Asterisks indicate emi 179 564 sideyard,.. Wherever setback,/or site „2.12n review requirequirements�nsuch LEI � ordinances are,eater than the fore oing j eater r_Eguirements_shall_leyern. 1 to docks and appurtenant These _re uirements shall not apply and appurtenant structures; structOres% single famil residences the Miami River and at the and waterfront industrial uses along Port of Miami?_ or t, public and rivate facilities on Cit -owned ro erties. herein contained shall in any manner affect or apply to: Nothing of Miami James L. Knight International the City of Miami/University Center and hotel facility, including all improvements thereon, or to lands and proe� cts which the City Commission has approved prior to Se tember 18, 1979, by development order pursuant to Chapter 380 suani of Florida Statutes or a Planned Area Development pordinanctoor Article. XXI-1, City of Miami Comprehensive Zoning and including e which have received site and development plan app 1g72• Plaza Venetia, Phase II, Resolution; No. 72-113, A ril 20, Resolution No.72-114, A ril 20, 1972 and Resolution No. 72-416, Jul 20, lr �." directed take "Proposed and dire "Proposed Charter Amendment No. 2" to. the f tr C' t of Miami by placing. it on the ballot as CHARTER AMENDMENT substantially the following form: "Shall : Section 3(4) of the Charter of thplaCity cement limitations of Miami be amended to provide for buildingoplat the Miami upon land located on Biscayne Bay, River from its mouth to the sN�atu.ral scenic beauty,th Street Bridge order . to preserve the City to guarantee open spaces, and to protect the waterfront by imposing minimum front and side setback requirements, subject to •;Waiver upon certain conditions and further subject to certain exceptions?" day of PASSED AND ADOPTED THIS _ , ATTES Secti'n 2. The necessary for the submission of City proper City officials are hereby instructed this RALPH G. 0 GIE,: CITY CLERK PREPARED AND APPROVED BY ROBERT F.,CLARK ASSISTANT CITY, ATTORNEY electors 0 .e NO. 2 in FPYY$,� MAURICE A., FERRE MAY0 R 1979. AS TO FORM AND CORRECTNESS: 79-564