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HomeMy WebLinkAboutR-78-0578RESOLUTION NO. 78-578 RESOLUTION REQUESTING THE MODIFICATION OE THE PROPOSED ORDINANCE AMENDING THE DADE COUNTY CODE BY ADDING CHAPTER 33C, ENTITLED FIXED GUIDEWAY RAPID TRANSIT SYSTEM - DEVELOPMENT ZONE, AS PRESENTED FOR SECOND READING BEFORE THE DADE COUNTY COMMISSION ON SEPTEMBER 19th, 1978. "SUPPORTIVE DOCAJ II ENTS FQLL 4r 1HEREAS, the Dade County Commission is considering adoption of an ordinance enacting Chapter 33C of the Dade County Code entitled Fixed Guideway Rapid Transit System - Development Zone; and WHEREAS, the proposed Chapter 33C provides for exclusive juris- diction by Dade County over all Rapid Transit right-of-way and station sites; and for the limitation of uses and development within those areas both during and after construction of the transit system, and provides for a station impact zone including an unspecified area around transit stations for purposes of County review of all public and private development, and provides for a guideway aesthetic zone limiting signs and advertising within 750 feet of the transit guideway and prohibiting within 300 feet of the guideway; and WHEREAS, the City is aware of the time constraints that would be imposed on Rapid transit system development by separate jurisdic- tional building and zoning review and permit procedures for transit guideway and station construction, but remains concerned about the design and nature of as yet undetermined future transit related and "DOCUMENT 1191X ITEM NO._., WHEREAS, the City supports the institution of certain measures joint use development on station sites; and to limit unwarrented cost escalations in private properties to be acquired for the transit system right-of-way and station areas; and WHEREAS, the City has adopted Comprehensive Plan policies for advancing development opportunities adjacent to rapid transit stations, has adopted Resolution 78-453 urging joint public and private development within Rapid Transit Station Areas, and is presently working CITY COMMISSION MEETING OF SEAT a 1978 Udder Contract with Dade County to prepare, adopt, and implement specific development plans for transit station areas thereby addressing County concerns for prcmoting compatible development within transit station areas; and WHEREAS, the proposed Chapter 33C would submit any and all transit station area private development to lengthy review prece- dures, and public debate before one review committee and two political commissions thereby creating delays and cause for substantial uncertainties for the private developer and would thereby constitute a significant deterrent to achieving rapid transit station area development objectives; and WHEREAS, the City concurs with the objectives of the aesthetic zone which seeks to regulate signage impacts on the rapid transit system, and accepts the responsibility for adoption and enforcement of equivalent regulations since the power to do so currently rests with the City by virtue of its exercise of police powers within the municipal zoning code covering sign and advertising control; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF MIAMI COMMISSION THAT, the Dade County Commission is hereby requested to amend the proposed Dade County Code Chapter 33C, Fixed Guideway Rapid Transit System - Development Zone in the following manner: 1). That all present and future development within the "SUPPORT'VERapid Transit Zone (Section 33C-2) be subject to site and V k...'-/ U C. , L.; .4-1 development plan review by the City Planning Department so as to assure City input to the design of that devel- opment, in particular, the as yet undefined future joint development projects within station sites. 2). That the Rapid Transit Development Impact Zone, (Section 33C-3) be eliminated in its entirety as an unnecessary complication of station area development processes 1111■II■I■■■uuiiiiiuiiiiiiniui uiiiim in■uiiiiuii■uiii hill that jeopardizes the successful implementation of Statioh Area Development Plans being prepared jointly by bade County and the City of Miami. 3). The City requests deferment of the Guideway Aesthetic Zone (Section 33C-4) until the City has the opportunity to review and comment on these proposed technical regulations, and further the applicability Section (33C-4) as stated in Division 6 Section 33-121.22 be amended to provide for City enactment and enforcement of equivalent or more restrictive regulations. PASSED AND ADOPTED this 14 day of SEPTEMBER , 1978. ATTEST: PREPARED AND APPROVED BY: 31(' ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS; Georg- j . Knox' Jr. CITY TORNEY MAURICE A. FERRE MAYOR « { UPPOF \'E "'CCU �v, FOLLOW" iNtir .OFFICZ T11FN.R:Mv\NCU.1?..1 Mayor and Members of the City Commission Joseph R. Grassie City Manager septefnbet 140 19/6 tqLE, The attached resolution addresses legislation proposed by the bade County Administration and to be acted upon by the County Commission on September 19, 1978. The final draft of this ordinance was presented to the City Administration on September 11, 1978, and the City was notified of the September 19th hearing date on September 13, 1978. The Ordinance, Chapter 33C, proposes three basic measures concerning the Rapid Transit System that will extend County juris- diction into areas of traditional City responsibility: 1). The ordinance will abolish City authority for issuance of building permits for transit construction (stations and guideways) within County owned transit right-of-way and vests that authority solely with the County. 2). It will establish as yet undefined areas around transit stations (transit development impact zones)and requires County review (Development Impact Committee and Commission) of all future public and private development, based on County defined minimum design standards. 3). The ordinance will establish County Control over all private signs and billboards within 750 feet of the transit guideway and stations and prohibit all billboards within 300 feet of the transit system. The attached resolution embodies the City administrations recommended positions regarding these measures: 1. Concurrance with elimination of building permit procedures but providing for City site plan and development review of all future development within transit right-of-way, including future extensions of transit lines. . Elimination of County review authority over development around transit stations as specified by "transit development impact zones" ;578 i ■ ■ i• • • Mayor and Meets of the City Commission Page 2: befferral of the County sign control proVisions to allow the City to establish and enforce equivalent or more restrictive measures. This would allow County adoption of minimum standards but would retain City authority for sign control, MEW MMW END Aimm MENE