The URL can be used to link to this page

Home My WebLink AboutSD-26 - PAB 02-21-07LEGISTAR FILE ID: 06-02104zt REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING ADVISORY BOARD CITY COMMISSION PLANNING FACT SHEET January 21, 2007 Item # 1 To Amend Zoning Ordinance 11000 to create a new SD-26 "22ND AVENUE SPECIAL OVERLAY DISTRICT" for properties along 22ND Avenue between SW 8T" street and NW 1ST street (Complete legal descriptions and addresses on file with the Hearing Boards Office). See supporting documentation An Ordinance amending Ordinance 11000, by amending Article 6, Section 626, "22nd Avenue Special Overlay District"; in order to create the "22nd Avenue Special Overlay District", add intent statement, create special district requirements and limitations on uses, and to require Class II Special Permits for exterior work; containing a repealer provision, a severability clause, and providing for an effective date. APPROVAL This will amend the Zoning Ordinance and establish a new special district in order to preserve and enhance the character of certain sections of 22nd Avenue within the city, more particularly, those portions of 22nd Avenue that serve as a linkage between Flagler street and SW 8th Street from approximately NW 1st Street to approximately SW 8th Street. This corridor is emerging as a gateway into the Latin Quarter Special Overlay District and serves as an important link between the Flagler Street corridor and SW 8th Street. The corridor should be preserved and enhanced in a manner befitting this role. To this end, the purpose of this special district overlay is to ensure that future development and redevelopment activities respects this character and compliments the scale and variety of uses along 22nd Avenue corridor. VOTE: CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2NDAVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 Date Printed: 2/14/2007 Page 1 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-02104zt Final Action Date: AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 626, 22ND AVENUE SPECIAL OVERLAY DISTRICT; IN ORDER TO CREATE THE 22ND AVENUE SPECIAL OVERLAY DISTRICT, ADD AN INTENT STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS ON USES, AND TO REQUIRE CLASS II SPECIAL PERMITS FOR EXTERIOR WORK; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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. The City of Miami Zoning Ordinance is hereby amended by amending Article xx, Subsection xxx as follows: {1} II* "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 626. SD-26 22"d Avenue Special Overlay District. Sec. 626.1. Intent SD-26. It is the intent of this special district to preserve and enhance the character of certain sections of 22nd Avenue within the city, more particularly, those portions of 22nd Avenue that serve as a linkage between Flagler Street and SW 8th Street from approximately NW 1st Street to approximately SW 8th Street (or the intersection with SD-25 City of Miami Page 1 of 6 Printed On: 2/14/2007 File Number: 06-02104zt SW 8th Street Special Overlay District). This corridor is emerging as a gateway into the Latin quarter and serves as an important link between the Flagler Street corridor and SW 8th Street. The corridor should be preserved and enhanced in a manner befitting this role. To this end, the purpose of this special district overlay is to ensure that future development and redevelopment activity respects this character and compliments the scale and variety of uses along the 22nd Avenue corridor. Sec. 626.2. Effect of SD-26 district designation. The effects of these SD-26 regulations shall be to modify regulations within portions of other zoning districts included within the SD boundaries to the extent indicated herein. Sec. 626.3. Class II Special Permit. 625.3.1. When required. 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; or for the erection of any new building; demolition permits; or for the location, relocation or alteration of any structure, parking area or vehicular way visible from a public street. 626.3.2. Consideration 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. In making determinations concerning construction of new principal buildings or substantial exterior alterations of existing principal buildings, the director of the plannin, department may obtain the recommendation of the Urban Development Review Board and consider applicable City of Miami design standards and guidelines. (1) Along 22nd Avenue, the pedestrian open space at the ground floor frontage shall be so designed, improved and located to provide an attractively landscaped appearance which compliments the existing urban character. City of Miami Page 2 of 6 Printed On: 2/14/2007 File Number: 06-02104zt (2) Offstreet parking shall not be placed in required yards or required open space adjacent to 22nd Avenue, and vehicular entrances shall be discouraged along 22nd Avenue when access from other public rights -of -way is available; depending on the nature of the proposed use. (3) Interim landscape. Prior to demolition and removal of existing structures, pavement and vegetation from a development site, the owner or developer shall be required to obtain all demolition approvals and tree removal permits as necessary. The zoning official may require as a condition of approval for a demolition permit, that sites of demolition shall not be left in a barren, undeveloped state without commencement of vertical construction or revegetation within sixty (60) days of clearing. Revegetation shall include sodding with grasses or other ground cover to prevent soil erosion and blowing of airborne particulate matters and debris. Owner will be required to maintain the landscape. 626.3.3. Limitation of use of chain link fence. Chain link fence shall not be placed in required open space adjacent to SW 8th Street unless it is of a temporary nature to secure an unsafe structure prior to demolition or has been visually screened with landscape material. Sec. 626.4. Permitted principal uses and structures. Principal uses and structures are as permitted generally or conditionally by special permit in the underlying district, except the following uses shall not be permitted: 1. Community based residential facilities. 2. Private clubs, lodges. fraternities and sororities operated for profit. 3. Pool halls, billiard parlors, and game rooms. 4. Used automobile dealerships. 5. Ambulance service. 6. Hiring halls or labor pools. 7. Discount membership merchandisers. 8. Vehicle rental facilities. 9. Aluminum recycling machines. City of Miami Page 3 of 6 Printed On: 2/14/2007 File Number: 06-02104zt Sec. 626.5. Conditional principal uses. Same as for the underlying district with the limitations contained in section 626.4; and in addition: 1. Convalescent homes, nursing homes, institutions for the aged or infirm, foster homes, group homes and orphanages by Class II Special Permit, and only where the ground floor frontage along 22nd Avenue is designed with an active, pedestrian oriented space that does not diminish pedestrian activity, including lobbies. 2. Commercial parking lots only by Special Exception, and only when designed to diminish the visual appearance of cars from 22nd Avenue. 3. New automobile sales, by Special Exception only, and only when located within a completely enclosed showroom structure fronting along 22nd Avenue. 4. Automotive service stations, automotive repairs and car wash facilities only by Special Exception. 5. Public storage facilities by Special Exception only, and only when situated on the site in a location other than the ground floor frontage of 22nd Avenue, and in conjunction a ground floor 22nd Avenue frontage use and design that promotes active, friendly pedestrian activity. 6. Retail establishments operating from the hours of midnight to 6:00 a.m. only by Special Exception. 7. Coin laundry operations by Class II Special Permit and only where the ground floor frontage along 22nd Avenue is designed with an active, pedestrian oriented space that does not diminish pedestrian activity. 8. Sewing shops, by Class 11 Special Permit and only where the ground floor frontage along 22nd Avenue is designed with an City of Miami Page 4 of 6 Printed On: 2/14/2007 File Number: 06-02104zt active, pedestrian oriented space that does not diminish pedestrian activity, including retail sales of some kind associated to the sewing shop. 9. Clinics, medical or dental as follows: if under five thousand (5,000) square feet in area, by Class II Special Permit only; if over five thousand (5,000) square feet, by Special Exception Permit only. 10. Hotels, residence hotels, motels, tourist homes, lodging houses, single room occupancy facilities, guest homes and other transitory residential uses generally not evidenced by a leasehold transaction, by Special Exception Permit only. Sec. 626.6. Principal accessory uses. Same as for the underlying district with the limitations contained in section 626.4. Sec. 626.7. Conditional accessory uses. Same as for the underlying_district with the limitations contained in section 626.4. and in addition: 1. Used automobile sales and vehicle rental, only as accessory uses to new automobile dealerships within enclosed structures, and only when located on the site in a location other than the ground floor frontage of 22nd Avenue. Sec. 626.8. Limitations on signs. Sign limitations shall be as for the SD-25 SW 8th Street Overlay District (See Article 10, Section 10.6.3.25), subject to Class II Special permit. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. 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. City of Miami Page 5 of 6 Printed On: 2/14/2007 File Number. 06-02104zt Section 5. This Ordinance shall become effective thirty (30) days after approval at second reading, 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. APPROVED AS TO FROM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY ..Footnote {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. City of Miami Page 6 of 6 Printed On: 2/14/2007