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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall = Drive Miami, FL 33133 www.cLmiamLfl. us File Number: 05-00235 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, TO ALLOW MODIFICATIONS AND EXCEPTIONS TO SETBACK LIMITATIONS CONDITIONALLY; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of March 2, 2005, Item No. 7, following an advertised hearing, adopted Resolution No. PAB 21-05 by a vote of six to zero (6-0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 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 inhabitants to amend Ordinance No. 11000 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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 hereby amended by amending the text of said Ordinance as follows: {1} "ARTICLE 6. SPECIAL DISTRICTS Sec. 620. SD-20 Edgewater Overlay District; SD-20.1 Biscayne Boulevard Edgewater Overlay District. Sec. 620.3. Class II Special Permit. * 620.3.2 Considerations in making Class 11 Special Permit determinations and other special considerations. * City of Miami Page 1 of 2 Printed On: 3/14/2005 File Number: 05-00235 620.3.4. Exceptions to setback limitations along Biscayne Boulevard frontage. 620.4.1.Forprojects that have frontage along Biscayne Boulevard, the Biscayne Boulevard setback provisions may be reduced to zero (0) by Class II Special Permit for the provision of an arcade. In order to apply for such Class ll, the proposed arcade shall comply with the following: a)The ground floor of such frontage shall comply with all "Primary Pedestrian Pathway" requirements, included, but not limited to the requirement that active habitable retail, service and restaurant uses must occupy at least 65% of the linear ground floor frontage along Biscayne Boulevard and that such spaces be designed with a minimum of 50% transparency. b) No habitable uses or parking may be located above the arcade either on the ground or above the arcade within the setback area; all building program, except for open terraces, patios and other outdoor, unenclosed accessory uses, must be located behind the setback line. * *IP Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repeated. Section 4. 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 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. APPROVED AS TO FORM AND CORRECTNESS: JORGiI ERNANDEZ CITY A' t' RNEY 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 2 of 2 Printed On: 3/14/2005