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Home My WebLink AboutCC Legislation (Version 3)File Number: 09-00653zt City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 610.3, ENTITLED "CLASS II SPECIAL PERMIT' AND SECTION 610.6, ENTITLED "PERMITTED USES," AND BY ADDING TO ARTICLE 6, A NEW SECTION 610.7, ENTITLED "CONDITIONAL PRINCIPAL AND ACCESSORY USES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD -10" MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board (PAB), at its meeting held on June 17, 2009, Item No. P.1, following an advertised public hearing, adopted Resolution No. PAB-09-019 by a vote of eight to one (8-1), recommending APPROVAL with modifications as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is amended in the following particulars: {1} "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS SECTION 610. SD -10 MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT Sec. 610.3. Class II Special Permit. 610.3.1. When required. No building permit shall be issued within the boundaries of the SD -10 district affecting the height, bulk, or location of any structure in excess of ten thousand dollars ($10,000.00) or the location City of Miami Page I of 5 Printed On: 8/31/2009 City of Miami f f % t,ixcxii II A°4F.Legislation st IG\ Ordinance File Number: 09-00653zt City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTION 610.3, ENTITLED "CLASS II SPECIAL PERMIT' AND SECTION 610.6, ENTITLED "PERMITTED USES," AND BY ADDING TO ARTICLE 6, A NEW SECTION 610.7, ENTITLED "CONDITIONAL PRINCIPAL AND ACCESSORY USES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD -10" MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board (PAB), at its meeting held on June 17, 2009, Item No. P.1, following an advertised public hearing, adopted Resolution No. PAB-09-019 by a vote of eight to one (8-1), recommending APPROVAL with modifications as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by and incorporated as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is amended in the following particulars: {1} "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS SECTION 610. SD -10 MEDICAL HEALTH CARE, HOSPITAL AND RESEARCH PARK OVERLAY DISTRICT Sec. 610.3. Class II Special Permit. 610.3.1. When required. No building permit shall be issued within the boundaries of the SD -10 district affecting the height, bulk, or location of any structure in excess of ten thousand dollars ($10,000.00) or the location City of Miami Page I of 5 Printed On: 8/31/2009 File Number.' 09-00653zt or relocation or enlargement of vehicular ways or parking areas, outside public rights-of-way, without the issuance of a Class II Special Permit. A Class II Special Permit shall be required prior to approval of any permit (except special permits pursuant to article 13 affecting the height, bulk, location or exterior configuration of any existing building; for the erection of any new building; for the establishment of any outdoor green market pursuant to Section 610.7 herein; or for the location, relocation or substantial exterior alteration of any structure, sign (except real estate signs), awning, landscaping, parking area or vehicular way visible from a public street or waterfront walkway. 610.3.2. Considerations in making Class II Special Permit determinations. The purpose of the Class II Special Permit shall be to ensure conformity of the application with the expressed intent of this district, with the general considerations listed in section 1305, and with the special considerations listed below. 1. Rooftop parking or mechanical equipment and utility service areas visible from nearby buildings shall be appropriately screened with landscape or architectural materials. 2. Public access to public plazas and walkways shall be provided. 3. Pedestrian walkway connections shall be provided between parallel public streets. 4. In general, principal pedestrian entrances to buildings shall be along street frontages with major traffic volumes, and vehicular entrances shall be on streets less intensively used for through traffic, both to separate pedestrian from vehicular circulation and to minimize vehicular friction along major streets. 5. Offstreet parking and loading shall generally be within enclosed structures which shall either be underground or, if aboveground, shall be designed to provide a minimal visual impact, well integrated with the principal structures. Unenclosed vehicular parking and loading in any location visible from a public street shall be appropriately screened from surrounding rights-of-way. 6. Except for portions authorized by special permit for vehicular access, required yards and adjacent sidewalk areas within the public right-of-way shall be appropriately landscaped and provided with pedestrian ways in accord with the following design standards: a. Street trees shall be provided in the sidewalk area at a maximum spacing of thirty (30) feet. Such trees shall be a minimum of fifteen (15) feet in height, three-inch caliper, and seven (7) feet of clear trunk; unless a master plan is approved through the Class II Special Permit process which provides for different specifications. b. Paving materials and patterns shall be aesthetically harmonious and consistent with adjacent or nearby properties and shall meet established sidewalk grades. c. Street furniture shall be provided which may include benches, trash receptacles, pedestrian walkway lighting, bus shelters, sculpture, public information kiosks, and the like. These may be located in the pedestrian area as long as pedestrian flow patterns are continuous. City of Miami Page 2 of 5 Printed On: 8/31/2009 File Number; 09-00653zt d. Trees, palms, ground cover, grass and other living landscape plants shall be provided in the required and provided yard areas in accordance with an approved overall landscape plan for the development. 7 Outdoor green markets shall be reviewed subject to the requirements, conditions and limitations outlined herein In addition to other requirements an operational plan and vendor guidelines shall be required at the time of application. Sec. 610.6. Permitted Uses. Except as otherwise provided herein, within this district all commercial, office, sales, display and service activities shall be conducted within completely enclosed buildings, except in connection with outdoor areas, commercial parking lots, or as approved in connection with special permits; otherwise there shall be no unenclosed storage or display of merchandise, materials or equipment. Same as for O (Office) district and, in addition: 1. Hospitals (including all such associated uses as listed in the Florida Statutes and Administrative Code governing Hospitals and Licensure, as amended). 2. Emergency Rooms. 3. Clinics. 4. Laboratories, medical, research and clinical; including biotechnical laboratories and research facilities. 5. Education facilities. Sec. 610.7. Conditional principal and accessory uses. 1. Uses and structures that are customarily accessory and clearly incidental to permitted uses and structures including helistops heliports and helipads to serve the medical facilities. City of Miami Page 3 of 5 Printed Ott: 8/31/2009 File Number: 09-00653zt 2 Medical uses Irrespective of the underlying requirements for special exception permits, introduction of new medical uses and expansion of medical uses may be permitted by Class II Special Permit. 3 Irrespective of the limitations on accessory retail uses as specified in Section 906.7, retail and service uses (including restaurants) that are located within a mixed use development may open to the outside to serve the general public by Class II Special Permit such uses may not be free-standing retail or service uses but must be a component of a mixed-use development. 4 Outdoor green markets are permitted within the district subject to obtaining a Class II Special Permit only with mandatory referral to the district NET Administrator; and subject to all of the following conditions regulations, and limitations: a. Only handmade crafts live plants and flowers fresh fruits and vegetables, honey and pollen products cheeses 'ams and tellies baked goods prepared foods and drinks derived from fresh fruits and vegetables soaps, and candles may be sold on any outdoor green market within this district. b. Outdoor green markets must be located within an improved site which shall consist of developed open space or plaza of no less than twenty -thousand (20,000) square feet. Outdoor markets may not be located within parking lots or structures. c. Outdoor green markets may not be located closer than one thousand five hundred (1,500) feet from another outdoor green market. d. Outdoor green market vending activities must take place on private property; vending within the right-of-way and obstruction of the right of way is not permissible under this section of the zoning code. e. Outdoor green markets may operate once a week only based on a pre -determined weekday. The green market permit shall include the day of the week and location for said permit. f. The applicant shall submit at the time of application the selected week date and location for the outdoor green market. g. The hours of operation shall be from 7:00 a.m. to 5:00 p.m. h. Outdoor green markets shall have a minimum of 12 vendors. i. Each vendor shall conduct business within a 10'x 10' white and/or green movable canopy which shall be removed at the end of each market day. Any table placed within the canopy area shall be covered with a green table skirt. j. All vending activity must be conducted within a vendor's canopy area which shall be kept in clean and good condition at all times. Broken, faded or dirty canopies shall not be allowed. k. All garbage and trash shall be removed from the market site and disposed as required City of Miami Page 4 of 5 Printed On: 8/31/2009 File Number: 09-00653zt by law at the end of each market day. I. The market area shall be cleaned and left in a sanitary condition at the end of each market day. m. All signs shall be submitted for approval as part of the Class I I application. n. Noisemaking or flashing devices shall not be allowed. *II 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 shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU CITY ATTORNEY Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2}This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 5 of 5 Printed On: 8/31/2009