HomeMy WebLinkAboutAmend Use Regul. SD-9LEGISTAR FILE ID: 09-00754zt
PLANNING FACT SHEET
July 15, 2009 Item # P.3
APPLICANT Pedro G. Hernandez, City Manager on behalf of the City of
Miami
REQUEST/LOCATION Miami Modern (MiMo) Biscayne Boulevard District within
the SD-09 Biscayne Boulevard North Overlay District.
LEGAL DESCRIPTION See supporting documentation
PETITION
A Resolution of the Miami Planning Advisory Board
recommending approval or denial of an Ordinance of the
Miami City Commission amending Zoning Ordinance No.
11000, as amended, the Zoning Ordinance of the City of
Miami, Florida, by amending Article 6, Section 609, SD-09
Biscayne Boulevard North Overlay District, in order to
modify use regulations within the Historic and
Environmental Preservation Board (HEPB) designated
Miami Modern (MiMo) Biscayne Boulevard District;
containing a severability clause and providing for an
effective date; containing a severability clause; and
providing for an effective date.
PLANNING RECOMMENDATION APPROVAL
BACKGROUND AND ANALYSIS
This will modify use regulations within the Historic and
Environmental Preservation Board (HEPB) designated
Miami Modern (MiMo) Biscayne Boulevard District.
PLANNING ADVISORY BOARD VOTE:
CITY COMMISSION
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
Date Printed: 7/7/2009 Page 1
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ADDRESS: SD-9 Biscayne Blvd North Overlay District
City of Miami
Legislation
PAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-00754zt Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF 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 609, SD-09 BISCAYNE
BOULEVARD NORTH OVERLAY DISTRICT, IN ORDER TO MODIFY USE
REGULATIONS WITHIN THE HISTORIC AND ENVIRONMENTAL
PRESERVATION BOARD (HEPB) DESIGNATED MIAMI MODERN (MiMo)
BISCAYNE BOULEVARD DISTRICT; 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.3, following and advertised public hearing, adopted Resolution No. PAB by a vote
of ( - ), 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. Special Districts
Sec. 609. SD-9 Biscayne Boulevard North Overlay District.
* *
Sec. 609.4. Permitted principal uses and structures.
City of Miami
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File Number: 09-00754zt
Principal uses and structures are as permitted generally or conditionally by special permit in the
underlying district, and except as may be allowed pursuant to section 609.5.2. the following uses shall
not be permitted:
1. Bars, saloons and taverns.
2. Convalescent homes, nursing homes, institutions for the aged or infirm, foster homes, group
homes and orphanages.
3. 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.
4. Community based residential facilities.
5. Private clubs, lodges, fraternities and sororities operated for profit.
6. Coin laundry operations.
7. Clinics, medical or dental.
8. Pool halls, billiard parlors, and game rooms.
9. Mortuaries and funeral homes.
10. Used car sales, enclosed or unenclosed.
11. Unenclosed sales of new cars.
12. Automotive service and repairs.
13. Ambulance service.
14. Sewing shops.
15. Hiring halls or labor pools.
16. Discount membership merchandisers.
17. Public storage facilities.
18. Vehicle rental facilities.
19. Aluminum recycling machines.
In addition within the Historic and Environmental Preservation Board (HEPB) designated Miami
Modern (MiMo) Biscayne Boulevard District the following uses shall be prohibited:
1. Car wash facilities.
2. Gasoline service stations.
Sec. 609.5. Conditional principal uses.
609.5.1. For underlying C-1 districts:
Same as for the underlying district subject to the applicable criteria in Section 1305 and with
the limitations contained in Section 609.4; and in addition, for the C-1 district only:
1. Commercial parking lots only by Class II Special Permit, and only when designed to diminish
the visual appearance of cars from Biscayne Boulevard.
2. Retail establishments operating from the hours of midnight to 6:00 a.m. only by Special
Exception.
3. Veterinary or animal clinics and offices only by Class II Special permit.
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File Number: 09-00754zt
609.5.2. For restored properties located within the Historic and Environmental Preservation Board
(HEPB) designated Miami Modern (MiMo) Biscayne Boulevard District:
Same as for the underlying district subject to the applicable criteria in Section 1305, the MiMo
Biscayne Boulevard Design Guidelines, and limitations contained in Section 609.4 except the following
uses may be allowed only by Class II Special Permit and Historic and Environmental Preservation
Board approval:
1. Bars within properties that feature front porches, courtyard gardens, interior lobbies, or
sidewalk cafes.
2. Motels for tourist lodging within existing motel structures.
3. Medical and Dental Offices located above the first floor of the structure.
*„
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 approval at second reading,
unless vetoed by the Mayor within ten (10) 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.
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.
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