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HomeMy WebLinkAboutO-13025City of Miami Legislation Ordinance: 13025 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00685zt Final Action Date: 9/25/2008 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 628, TO PERMIT UNDERGROUND PARKING TO SUPPORT COMMERCIAL USES ALONG GRAND AVENUE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of June 18, 2008 Item No. 3, following an advertised hearing, adopted Resolution No. PAB 08-023 by a vote of seven to one (7-1), recommending APPROVAL of amending Zoning 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 amended by amending the text of said Ordinance as follows{1}: "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 628. Village West Island Special Overlay District. Sec. 628.7. Additional regulations. In addition, existing businesses shall be allowed to remain in the Mixed Use Cultural and Market Districts regardless of their cultural theme without being considered nonconformities. All establishments and businesses in the Mixed Use Cultural and Market District Overlays shall conform to Architectural and Urban Design Guidelines and shall maintain a facade that is consistent with Caribbean architectural facades (examples are shown in 0 and 0). Notwithstanding any provision of Zoning Ordinance No. 11000 of the Miami City Code, underground City of Miami Page 1 of 2 File Id: 08-006857t (Version: 2) Printed On: 5/15/2017 File Number: 08-00685zt Enactment Number: 13025 parking shall be permitted in R-1 and R-2 zoning classifications by Class II Special Permit to support abutting commercial or residential uses on Grand Avenue. The only residentially zoned properties where underground parking is permitted are those properties which abut commercial or office zoning districts on Grand Avenue between S.W. 37th Avenue (Douglas Road) and S.W. 32nd Avenue (McDonald Street). Any properties designated R-1 or R-2 which have underground parking shall be required to be developed with residential structures for residential use on the surface of the underground parking structure. The required setbacks for properties with underground parking in the area described in this section shall be as follows: Properties designated R-1 shall have a front setback of twenty (20') feet and a side setback of five (5') feet. No rear setback is required for R-1 designated properties in the area with underground parking. Properties designated R-2 shall have a front setback of ten (10') feet. No side or rear setback is required for R-2 designated properties in the area with underground parking. Notwithstanding any provision of Zoning Ordinance No. 11000 of the Miami City Code, no replat is required if such residentially -zoned properties are tied to the property abutting Grand Avenue by a Covenant -in -Lieu of Unity of Title. The required setbacks for properties in the area with underground parking shall be determined by the Planning Department pursuant to the issuance of a Class II Special Permit. A Declaration of Restrictive Covenant in Lieu of Unity of Title shall be permitted on an R-1 and/or R-2 zoned property only for the purpose of providing underground parking within the area described in this section. Density limitations shall apply as per the underlying district without the limitation of one unit per lot of record for the R-1 district and two (2) units per lot of record for the R-2 district. *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} 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 File Id: 08-006857t (Version: 2) Printed On: 5/15/2017