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Home My WebLink AboutO-08767MAbk ORDINANCE NO, 8767 AN ORDINANCE AMENDING THE COMPREf1ENStVE CONING ORD/NANCE NO. 6871, ARTICLE :IV-1, SPECIAL COMMUNITY COMMERCIAL, C=2A DISTRICT, SECTION 2(7)(j) AND SECTION 4(1)(a), TO PROVIDE THAT ANY GROUND FLOOR LEVEL OFFICES, INCLUDING tANK8 AND FINANCE OFFICES, EMPLOYMENT OFFICES, MED/CAL OR DENTAL LABORATORIES, MEbICAL OR DENTAL OFFICES OR CLINICS, OFF/CBS o PROFESSIONAL OR BUSINESS, AND REAL ESTATE AND TICKET AGENCIES WITH/N THE 65% RESTRICTED FRONTAGE, MAY RR PERMITTED ONLY AS CONDITIONAL USES; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION, WHEREAS, the Miami Planning Advisory Board, at its meeting of December 14, 1977, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 47-77 by a 7 to 0 vote recom- mending amendments to the Comprehensive Zoning Ordinance No. 6871, Article XIV-1, Special Community Commercial, C-2A District, Section 2(57)(j) and Section 4(1)(a) as hereinafter set forth; and WHEREAS, the Commission deems it advisable and in the best interest of the City of Miami and its inhabitants to amend said Ordinance as hereinafter set forth: NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The Comprehensive Zoning Ordinance No. 6871, Article XIV-1, Special Community Commercial, C-2A District, be and the same is hereby amended by deleting Subsection (57)(j) of. Section 2 in its entirety, which reads as follows: 1/ {57){3) 6reund-level-business-er-prefessienal-effiees €renting-en-desigaated-pedestrian-streets;-es speeified-in-Seetien-47-paragraph-<Ma). and substituting in lieu thereof a new Subsection (57)(j) to read as follows: (57)(j) Any ground floor level offices including banks and finance offices, employment offices, medical or dental laboratories, medical or dental offices or clinics, offices - professional or business, and real estate and ticket agencies, within the restricted frontage on designated pedestrian streets, as specified in .Section 4, paragraph (1) (a) 1/ Words and figures stricken throughout all pages of this ordinance shall be deleted, Ulnderscored words constitute the amendment proposed, r 1 Sectibt 2, The Cotprehenaive Zoning Crdinan a Na 6871, Article XIV4 , Special Community COMMereial, C=2A biatrint, be and the sate is hereby amended by deleting Subsection (1)(a) of Section 4 in its entirety, which reads as follows: El}<a} At 4east=65a.,efasueh-itentage shall=be.,alloeated -fet=gteund=level-eeeupaney-by=uses-liated=in geetien=(g}=ef=this=disttiett-exelusing-test= dential-uaest==gtennd=leveltbnsiness-et-pte= iessienal=ePilees=within the-6 .testtieted ftentage-may-be-petmitted-enly-as=eenditienal usest--The=remaindetLeg=suehmftentages-may=be 4eveted-te=husines.et=prefessional=effiees-et tesidential=uses;-te=building-enttanees;=lebbies, thteugh-bleek-eenaeetiens=et=ether=pedestrian spaeesr-et-te-esealatet-et-staits-providing publie=aeeess-teiethet-level —et-te-aeeess drives-te-parking-faeilitiest--If-twe=er-mete sides-of-any-ptepetty-ate-designated-as-a pedestrian-street;"-sueh-as-a-eeraer-let;-the ptevisiens-ef-this-paragraph-shall-apply-enly te-that-sideywhieh=may-beitermedithe-€rent, and substituting in lieu thereof a new Subsection (1)(a) to read as follows: (1)(a) At least 65% of such frontage shall be allocated for ground level occupancy by permitted uses listed in Section 2 of this district excluding residential uses; ground floor level offices including banks and finance offices, employment offices, medical or dental laboratories, medical or dental offices or clinics, offices -professional or business, and real estate and ticket agencies, within the 65% restricted frontage may be per- mitted only as conditional uses. The remainder of such frontage may be devoted to any business or professional offices or residential uses, to building entrances, lobbies, through block connections or other pedestrian spaces, or to escalators or stairs providing public access to other levels, or to access drives to parking facilities. If two or more sides of any property are designated as a "pedestrian street,' such as a corner lot, the provisions of this paragraph shall apply only to that side which may be termed the front. Section 3. That all laws or parts of laws in conflict herewith be, and the same are hereby repealed insofar as they are in conflict. Section 4, Should any part or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 24th day of January , 1978, 2 PASSED AND ADOPTED ON SECOND AND FINAL READ/NO BY TILE ONLY this Otti day of rdbfudiy, 1978. ATTEST! PREPARED AND APPROVED BY: MICHEL E, ANDERSON ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: GE RGE FI CITY AT KNOX, JR. RNEY MAtittla A PVtItE MAYOR � Z P.ANNtNd PACE' S ttET APPLICANT City of Mtaitti Ptantting Det3arth;ent PETt`tON 12 EQUEST EXPLANATION RECOMMENDATIONS PLANNING DEPAR TMENT 1. Consideration of amending At3TtCLt SPECIAL COMMUNITY COMMEtkCtAL$ C=2A D15T1 1CT, of Comprehensive Zoning Ordi. fiance 6871 by amending Section 2, tise rtegulations, Subsection (571 (j) and Section 4. Pedestrian Street. Subsection (1) (a) to stipulate that any ground floor level offices including banks and finance offices. employment offices, medical or dental laboratories, medical or dental offices or clinics, offices,' professional or business, and real estate and ticket agen- cies within the 65do restricted frontage nay be permitted only as conditional uses. To clarify e`tisting language in the Cornprc- hensive Zoning Ordinance. The language in Sections 2 and 4 of the C=2A District is ambiguous as to whether certain ground level office uses are permitted or conditional uses. if they front on designated pedestrian streets. in a recent instance, the Law Department determined that a ground floor office fronting on a pedestrian street was a permitted use. To clarify this ambiguity, amending language is suggested which would: permit office uses throughout the district except at ground level within the 65% res- tricted frontage on designated pedestrian streets - require conditional use approval for ground level office uses within the 65% restricted frontage on designated pedestrian streets. Approval APPto V1 o 1§t Iteatittig) JatAttaty 24, 1978) by a 5L0 votes • PLANNINC AtiVi8ORY Retbtlittlehtled by a. 1.0 vote Deeettibef 14, 19711 • toAtIr) MT? COMM18810N PDr 1/25/78 LECAL NOT/et All interacted will take Ootit:a that en the 23td day of Pebruary, 1978 the City Cotrmission of '!Miami, Florida passed and adopted the following titled ardinans`et ORDINANCE NO, 8767 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO, 6871, ARTICLE XIV-1, SPECIAL COMMUNITY COMMERCIAL, C-2A DISTRICT, SECTION 2 (57) (j) AND SECTION 4(1)(a), TO PROVIDE THAT ANY GROUND FLOOR LEVEL OFFICES, INCLUDING BANNS AND FINANCE OFFICES, EMPLOYMENT OFFICES, MEDICAL OR DENTAL LABORATORIES, MEDICAL OR DENTAL OFFICES OR CLINICS, OFFICES - PROFESSIONAL OR.BUSINESS, AND REAL ESTATE AND TICKET AGENCIES WITHIN THE 65% RESTRICTED FRONTAGE, MAY BE PERMITTED ONLY AS CONDITIONAL USES; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY PROVISION, RALPH G. ONGIE CITY CLERK