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HomeMy WebLinkAboutPZAB (5173) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-18-066 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 5173 Final Action Date: 12/19/2018 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD FAILING TO MAKE A RECOMMENDATION TO THE MIAMI CITY COMMISSION OF AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, ENTITLED "DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)", TO ADD THE DEFINITION OF "AMUSEMENT RIDE"; BY AMENDING ARTICLE 4, TABLE 3, ENTITLED "BUILDING FUNCTION: USES", TO ADD "AMUSEMENT RIDE" AS A USE ALLOWED BY EXCEPTION WITH CITY COMMISSION APPROVAL WITHIN THE "CS" CIVIC SPACE TRANSECT ZONE; AND BY AMENDING ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS", TO ADD SUPPLEMENTAL REGULATIONS FOR "AMUSEMENT RIDE" IN THE "CS" CIVIC SPACE TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida was adopted as the City of Miami's Zoning Ordinance ("Miami 21 Code"); and WHEREAS, the tourism industry is an important part of Miami's economy; and WHEREAS, permitting amusement rides may increase the number and variety of attractions offered by the City of Miami for its visitors and inhabitants; and WHEREAS, allowing amusement rides in certain transects may increase potential activities and sites for recreation; and NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Planning, Zoning and Appeals Board's motion to approve failed, therefore, failing to make a recommendation to the City Commission that the Miami 21 Code be amended by making modifications to Articlel, Section 1.1, "DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)" in the following particulars:1 Articlel, Section 1.1, "DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)" e. CIVIC Amusement Ride: Any permanent motorized or non -motorized mechanical device which carries or conveys customers around, over, or along a fixed or restricted route or course or within a defined, on -site City of Miami Page 1 of 5 File ID: 5173 (Revision:) Printed On: 1/3/2019 area for the purpose of providing enjoyment or entertainment to customers. Section 3. The Miami 21 Code should be amended by amending Article 4, Table 3, in the following particulars: f* ARTICLE 4. STANDARDS AND TABLES TABLE 3. BUILDING FUNCTIONS: USES CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX AMUSEMENT RIDE T3 SUBURBAN ©EI E E E E E E T4 T5 T6 URBAN GENERAL URBAN CENTER URBAN CORE w w E R E R R Mlill 0 -- w w E R R E R *If O w w E R R E R R E C CIVIC CI - HD w E w w E w w E R E E E D DISTRICTS D2 R R R R R Section 4. The Miami 21 Code should be amended by amending Article 6, Table 13, in the following particulars: II* * ARTICLE 6. SUPPLEMENTAL REGULATIONS * TABLE 13 SUPPLEMENTAL REGULATIONS CS - CIVIC SPACE C — CIVIC CI - CIVIC INSTITUTION CI -HD - CIVIC INSTITUTION HEALTH DISTRICT DENSITY (UPA) N/A DENSITY OF ABUTTING ZONE 150 UNITS PER ACRE City of Miami Page 2 of 5 File ID: 5173 (Revision:) Printed On: 1/3/2019 Regional Activity Regional Activity REGIONAL ACTIVITY Complex: Allowed by Complex: Allowed by COMPLEX Exception with City Exception with City Commission approval and Commission approval and are subject to the are subject to the following additional following additional requirements: requirements: Regional Activity Regional Activity Complexes are not Complexes are not allowed in Transect Zones allowed in Transect Zones T6-8 and T6-12. T6-8 and T6-12. Minimum distance Minimum distance requirement of 1,000 feet requirement of 1,000 feet between proposed facility between proposed facility and any T3 or T4 Zones. and any T3 or T4 Zones. Transect regulations Transect regulations pertaining to Building pertaining to Building Disposition, and Building Disposition, and Building Configuration shall be Configuration shall be considered referential considered referential guidelines for Regional guidelines for Regional Activity Complexes. Any Activity Complexes. Any exemption from these exemption from these guidelines must comply guidelines must comply with the following criteria: with the following criteria: 1. exemptions shall be 1. exemptions shall be justified by functional justified by functional requirements connected requirements connected to the uses proposed; and to the uses proposed; and 2. exemptions shall be 2. exemptions shall be reduced to the minimum reduced to the minimum required to achieve the required to achieve the required functionality; and required functionality; and 3. exemptions in the 3. exemptions in the aggregate shall be aggregate shall be evaluated for compliance evaluated for compliance with the Transect's intent with the Transect's intent regarding intensity and regarding intensity and scale; and scale; and 4. exemptions shall be 4. exemptions shall be evaluated for evaluated for responsiveness to criteria responsiveness to criteria set forth in Article 4, Table set forth in Article 4, Table 12, as applicable; and 12, as applicable; and 5. specific findings shall 5. specific findings shall be made by the Planning be made by the Planning Director regarding the Director regarding the nature and extent of each nature and extent of each proposed exemption and proposed exemption and said findings shall be said findings shall be contained in the contained in the recommendation report recommendation report for the Exception which for the Exception which may be considered as may be considered as substantial and competent substantial and competent evidence by the PZAB evidence by the PZAB and City Commission and City Commission respectively. respectively. AMUSEMENT RIDE Amusement Ride are allowed by Exception with City Commission approval, City of Miami Page 3 of 5 File ID: 5173 (Revision:) Printed On: 1/3/2019 subject to review pursuant to Article 4, Table 12 of the Zoning Ordinance and additional standards: 1. The Use is limited to master planned sites, intended and improved for public access which qualify as a regional destination. 2. The Use must be framed by liner buildings or civic open space meeting minimum standards of this code. 3. Subiect to height limitations as applicable in the corresponding transect zone. 4. Illuminated fixtures or luminaries shall not shine directly on adiacent properties, motorists or pedestrians. Illumination will provide visibility to the ride and eliminate glare and intensity which might pose safety hazards to drivers and pedestrians. 5. Devices used to attract attention such as blinking or flashing lights, streamer lights, pennants, banners balloons, streamers, and all fluttering and spinning devices shall be prohibited. 6. Illumination may not exceed a maximum brightness level of 0.3 foot candles above ambient light as measured at a preset distance depending on size. Measuring distance shall be calculated by taking the square root of the product of the area multiplied by one -hundred. All applicants shall provide a written certification from the manufacturer that the light intensity has been factory preset not to exceed the levels specified. 7. Except for any FAA -required lighting, power to all lighting shall be shut off by 2 AM daily and shall remain off until 8 AM. *1f Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution should not be affected. Section 6. This Resolution shall become effective immediately upon its adoption. Francisco Garcia, Direc Department of Plannin0 STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) t)3�1�I Execution Date City of Miami Page 4 of 5 File ID: 5173 (Revision:) Printed On: 1/3/2019 '-M� Personally appeared before me, the undersigned authority, ����Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.� DAY OF ;sue , 201.l SWORN AND SUBSCRIBED BEFORE ME THIS I^o` L)P Prin'Notary Name // / fitary Publi6State of Florida Personally know 7— or Produced I.D. /�y Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath =oi.Fv,?�s4., ERICAK.LEE �±' * MY COMMISSION # GG 188537. . �, i EXPIRES; February 21 2022 ;4:RF .°'`' Bonded Thru Notary Publb Undotwriters ®riI�NP► City of Miami Page 5 of 5 File ID: 5173 (Revision:) Printed On: 1/3/2019