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HomeMy WebLinkAboutPZAB (5816) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-19-019 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 5816 Final Action Date: 5/15/2019 A RESOLUTION OF THE PLANNING, ZONING, AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING ARTICLE 1.1, SECTION D, ENTITLED "DEFINITIONS", TO ADD THE DEFINITION OF "AMUSEMENT RIDE"; AND BY AMENDING ARTICLE 4, TABLE 3, ENTITLED "BUILDING FUNCTION: USES", TO ADD"AMUSEMENT RIDE" AS A USE BY EXCEPTION FOR TRANSECT T-6 OPEN; AND BY AMENDING ARTICLE 6, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS", TO ADD SUPPLEMENTAL REGULATIONS FOR "AMUSEMENT RIDE" UNDER TRANSECT T-6 OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City of Miami ("City") adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, the Miami 21 Code, as amended, does not allow for Amusement Rides in any transect zones; and WHEREAS, many major U.S. cities have zoning ordinances that allow for Amusement Rides in certain transect zones; and WHEREAS, the tourism industry is an important part of the City's economy; and WHEREAS, Amusement Rides have the potential to generate additional tourism revenue by attracting additional tourists; and WHEREAS, allowing Amusement Rides in certain transect zones would increase potential activities and sites for recreation; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") has considered the whether the proposed change will further the goals, objectives, and policies of the Comprehensive Plan, the Miami 21 Code, and other City regulations; and WHEREAS, due consideration has been given to the need and justification for the proposed change, including changing and changed conditions that make the passage of the proposed change necessary; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING, AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 4 File ID: 5816 (Revision:) Printed On: 5/16/2019 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 hereby recommends to the City Commission that the Miami 21 Code, as amended, be amended by making modifications to Article 1.1, Section D, in the following particulars:1 * ARTICLE 1. DEFINITIONS OF TERMS AND USES 1.1 Definitions of Building Function: Uses (Article 4, Table 3) * d. COMMERCIAL Recreational Establishment: A place of business providing group leisure activities, often requiring equipment and open to the public with or without entry or activity fees. This may include, but is not limited to: game courts, skating rinks, bowling alleys, commercial golf facility, gyms or sports rooms. Amusement Ride: Any permanent motorized mechanical device, which no part thereof travels at a speed greater than 15 miles per hour, and which carries or conveys customers around, over, or along a fixed or restricted route or course or within a defined, on -site area for the purpose of providing enjoyment or entertainment to customers. 1.2 DEFINITIONS OF TERMS Ambulance Service: A facility which provides emergency medical transportation or paramedical emergency or trauma care en route to an extended care or medical facility. See Section 1.1 (Civil Support, Major Facility). Amusement Ride: See Section 1.1, Commercial Use. Section 3. The Planning, Zoning, and Appeals Board hereby recommends to the City Commission that the Miami 21 Code, as amended, should be modified by amending Article 4, 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 2 of 4 File ID: 5816 (Revision:) Printed On: 5/16/2019 Table 3, in the following particulars: 2 ARTICLE 4. STANDARDS & TABLES * TABLE 3. BUILDING FUNCTION: USES COMMERCIAL RECREATIONAL ESTABLISHMENT AMUSEMENT RIDE T3 SUBURBAN O * * T4 URBAN GENERAL 111111 O * T5 URBAN CENTER O R R * T6 URBAN CORE ©lil O R R E C CIVIC CI - HD E R D DISTRICTS 01 02 D3 R R w Section 4. The Planning, Zoning, and Appeals Board hereby recommends to the City Commission that the Miami 21 Code, as amended, should be modified by amending Article 6, Table 13, in the following particulars: ARTICLE 6. SUPPLEMENTAL REGULATIONS * TABLE 13. T6 - O - URBAN CORE ZONE - OPEN * REGIONAL ACTIVITY COMPLEX Regional Activity Complex: Allowed by Exception with City Commission approval and are subject to the following additional requirements: * * 2 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 3 of 4 File ID: 5816 (Revision:) Printed On: 5/16/2019 Amusement Ride Amusement Rides are permissible by Exception permit with City Commission approval, subject to review pursuant to Article 4, Table 12 of the Zoning Ordinance and additional standards as follows: 1. Limited permissibility as Accessory Structures, ancillary to a Waterfront Specialty Center. 2. Limited to master planned sites, intended and improved for public access which qualify as a regional destination. 3. Framed by liner buildings or Civic Open Space meeting minimum standards of this Zoning Code. 4. Flashing lights. Strobe or other exterior lighting which flashes or blinks, including the ride, are prohibited. 5. All project exterior lighting, located more than forty (40) feet above finished grade, shall be 3,000K or less. 6. Illumination may not exceed a maximum brightness level of 0.3 foot candles above ambient light as measured at a distance of 250 feet from the Use, supported by written certification from the manufacturer. 7. Lighting Power Shut Down. Except for any FAA -required lighting, power to all lighting shall be shut off by 2:00 a.m. 8. Any sound or noise generated shall abide by all restrictions set forth in Chapter 36 of the Miami City Code and are not eligible for exemptions thereof. * * 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. arcia, Director D-moment of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) (0 (4 L Executio Date 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. SW N AND SUBSCRIBED BEFORE ME THIS I, e DAY OF 1� c — 201 CA \C (3 rin o a Name P Personally know - or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath ary Public State of Florida My Commission Expires: -.♦ r • 4`MY COMMISSIION # GG 188537 .;- a* EXPIRES: February 21, 2022 '4.;,tr;°•• Bones Tin Notary Public Underwriters City of Miami Page 4 of 4 File ID: 5816 (Revision:) Printed On: 5/16/2019