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Home My WebLink AboutCC Legislation (Version 2)ik-,�r, ��t, City of Miami ,bk.;; OAxlkB je • Legislation - CSS N`� !� Ordinance File Number: 09-00752zt 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 620, "SD -20" EDGEWATER OVERLAY DISTRICT; "SD -20.1" BISCAYNE BOULEVARD EDGEWATER OVERLAY DISTRICT, IN ORDER TO MODIFY USE REGULATIONS TO ALLOW FOR ACCESSORY PARKING ON "R-4" DESIGNATED PROPERTIES, ABUTTING "C-1" DESIGNATED PROPERTIES FRONTING BISCAYNE BOULEVARD BY SPECIAL EXCEPTION; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 15, 2009, Item No. P.1, following an advertised public hearing, adopted Resolution No. PAB 09-020 by a vote of seven to zero (7-0), recommending APPROVAL as presented; 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 hereby adopted by reference thereto and incorporated herein 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 by amending the text of said Ordinance as follows: {1} "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 620. SD -20 Edgewater Overlay District; SD -20.1 Biscayne Boulevard Edgewater Overlay District. Sec. 620.2. Effect of SD -20 and SD -20.1 designations. The effects of these regulations shall be to modify regulations within portions of other zoning districts included within SD boundaries to the extent indicated herein. City of Miami Page I of 4 Printed On: 8/28/2009 File Number: 09-00752zt 620.2.5. Exception to parking requirements. Irrespective of minimum parking requirements in the underlying districts, the minimum parking requirements for residential use are: One (1) space each for efficiency, one -bedroom and two-bedroom; Two (2) spaces each for three- and four-bedroom. For retail use, the minimum parking required is one (1) space per five hundred fifty (550) square feet. For office use, the minimum parking shall be one (1) space per three hundred (300) square feet. 620.2.5.1. Buffer parking_ Subject to obtaining a Special Exception Permit, where R-4 zoned property with SD -20 overlay shares a common lot line with C-1 zoned property fronting Biscayne Boulevard, the R-4 property may be developed as surface parking to support abutting commercial uses on Biscayne Boulevard. In addition to any other limitations and requirements the following shall apply: 1. R-4 and C-1 property shall be under common ownership. 2. Commercial frontage along Biscayne Boulevard shall have a minimum lot width of one hundred 100 feet. 3. R-4 and C-1 property shall share a common lot line for at least eighty (80) percent of its width, 4. No vehicular access shall be allowed to or from any residential area. 5. No unenclosed storage of trash or garbage, or trash or garbage receptacles or containers shall be permitted within the R-4 property. 6. Interior yards adjacent to any residential district shall provide a solid and continuous wall, a minimum of six (6) feet in height, whose surfaces are finished and permanently maintained on both sides. If a wall is to be placed on a shared property line, consent for access must be obtained from the adjoining property owner(s) prior to finishing the opposite side of the wall. If such consent cannot be obtained, the property owner erecting the wall must present proof that a request for access approval was mailed to every adjacent property owner, by certified mail, return receipt requested, to the mailing address(es) as listed in the most current Miami -Dade County tax roll, and that the mailing was returned undeliverable or the adjacent property owner(s) failed to respond to the request within thirty (30) days after receipt. Upon such a showing, the property owner erecting the wall shall not be required to finish the opposite side of the wall. 7. Front and street side yards of any R-4 property used for accessory parking shall provide a solid and continuous wall, a minimum of six (6) feet in height, whose surfaces are finished and Permanently maintained on both sides at the required setback. The required vard shall be City of Miami Page 2 of 4 Printed On: 8/28/2009 File Number.' 09-00752zt landscaped to further buffer and visually screen adiacent residential properties. No variances from the provisions of section 620.2.5.1 shall be allowed. 620.2.5.2. Limitations on surface parking lots. Surface parking lots, including required parking, excess parking or commercial parking lots, shall be subject to the conditions and criteria set forth in Section 917.3.2. Sec, 620.4. Limitations on uses in the SD 20 Overlay District. Conditional principal uses. Same as for the underlying district with the same limitations contained in section 620.4 above; and in addition: 1. For C-1 properties, retail establishments operating from the hours of midnight to 6:00 a.m. only by Special Exception, 2. For C-1 properties, veterinarian Clinic by Special Exception. 3. For C-1 properties, parking lots by Special Exception, except along properties fronting on Biscayne Boulevard in which case such use shall be prohibited. 4. For C-1 properties, parking garages, by Special Exception except that along Biscayne Boulevard, such garages shall be visually screened from the Boulevard on the ground floor by being lined with retail, restaurant or service uses that comply with the design standards as specified for primary pedestrian pathways. There shall be no vehicular access to such facilities directly from Biscayne Boulevard when access from other public rights-of-way is available. 5. For C-1 properties, bars, saloons and taverns, supper clubs and nightclubs, including those with dancing and live entertainment open to the general public by Special Exception, 6. For C-1 properties, brewery -restaurants as defined in section 2502 by Class II Special Permit. Brewing activities shall only be conducted as an accessory use to the restaurant. All sales of beer and wine must be consumed on the premises and always in conjunction with a meal. Issues to be considered during the Class II Special Permit process are: the precise area and location of the brewing operation; annual beer production; hours of operation; parking provisions; control of emissions and discharges; exterior lighting; landscaping and signs. 7. For C-1 properties, drive-through facilities for ATM/financial institutions, by Class II Special Permit, provided that there shall be no vehicular access to such facilities directly from Biscayne Boulevard as a primary pedestrian pathway. City of Miami Page 3 of 4 Printed On: 8/28/2009 File Number: 09-00752zt Permitted accessory uses. Conditional accessory uses. Same as for the underlying district with the limitations contained in section 620.4, and including the following: 1. For C-1 properties, outdoor photography, film production and associated stage sets only in conjunction with photographers studios, and only by Class II Special Permit. 2. For R-4 properties abutting C-1 properties with frontage on Biscavne Boulevard accessory parking pursuant to the conditions and limitations outlined in section 6.2.5.1. and 917.3.2. *11 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 immediately upon its adoption and signature of the Mayor. {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 Mianu Page 4 of 4 Printed On: 8/28/2009