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HomeMy WebLinkAboutO-08131'3 t ORDINANCE NO. 8131 AN ORDINANCE AMENDING ORDINANCE NO. 6871, ARTICLE IV, PERTAINING TO GENERAL PROVISIONS, BY ADDING A NEW SECTION 39 TO PROVIDE FOR AN INTERIM ZONING DISTRICT; SETTING THE PROCEDURES TO ESTABLISH AA I['l1ERIM ZONING DISTRICT; PRO- VIDING FOR A NOTICE TO PROPERTY OWNERS WITHIN THE PROPOSED INTERIM ZONING DISTRICT; PROVIDING FOR THE RECORDING Of THE INTERIM ZONING DISTRICT AND SETTING TIME LIMITS FOR THE PROPOSED INTERIM ZONING DISTRICT; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH; DECLARING THIS ORD- INANCE TO BE AN EMERGENCY MEASURE WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on December 18, 1972, passed and adopted by an 8 to 0 vote its Resolution L'o. 72-288, recommending granting an amendment to Ordinance No. 6871, Article IV, as hereinafter set forth, pertaining to general provisions; NOW, THEREFORE, BE IT ORDAI NED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, Article IV, be and the same is hereby amended by adding a new Section 39 to Article IV to read as follows: Section 39. - INTERIM ZONING DISTRICTS (1) INTENT - Interim zoning districts are intended to provide temporary regulations in designated areas of the City, not- withstanding the existing zoning applied to the area, where public development policy has been established by the City Commission during the period of time when comprehensive plans have been or are being prepared for the area, and either before or during the zoning process. The purpose is to insure that any development in a designated area is in accord with established public policy and that the development or a particular project or projects will not have an adverse effect on public plans or the general welfare of the public. -1- i (2) APPLICABILITY - An Interim 'Zoning District may be applied to any area in the city. (3) PROCEDURES - Interim, districts shall be established in the following mannar.: (a) A determination based on findings shall be mada setting forth the need for such interim zoning by the City Commission. (b) After notice to all property owners within the proposed interim zoning district, the Interim Zoning District regulations shall be submitted to the Planning and Zoning Board and Cis_y Commission for public hearing. The Interim Zoning District requires adoption and approval of the City Commission by Ordinance after notice to all property owners within the proposed interim zoning disr_rict. (c) Interim zoning regulations shall be designed to include, but not necessarily limited to the following: 1. Intent of the District 2. Delineation of the District Boundaries 3. Permitted Uses 4. Limitation of Uses 5. Yard, Lot Coverage and/or Floor Area Ratio Requirements G. Other applicable regulations 7. Time limits (4) RECORDING - The Interim Zoning District shal. be properly designated on the official zoning maps of the City, and shall reflect the adopting ordinance number. (5) TIME LIMITS — The Interim Zoning District shall continue in effect for a time limit no greater than a period of one (1) year established by the enacting ordinance and shall auto- matically become null and void at the end of this period. The City Commission may extend the time limit after due notice to property owners within the district, and a public hearing on said exten- sion for a period of six (6) months. There shall be no more than three (3) extensions of time allowed for any established interim zoning district. Section 2. It is declared to be the legislative intent of this body that if any section, subsection, sentenct�, phrase or provision of this ordinance is held invalid, the remainder of the ordinance shall not be affected. Section 3. This ordinance is hereby declared to be an emergency. measure. PASSED ON FIRST READING BY TITLE ONLY THIS lith day of January, 1973. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of January, 1973. H.D. SOUTHERN CITY CLERK horcby D. y•,,,; Door c t..•...: ' . ', t': sao rl 7 , to1: •- h^ ?: �... . . .ic:%:. 1,!,, :1..ram ...... ! c r 1 l}))z. yZr .City DAVID T. KENNEDY MAYOR Ciiy _16rL -3- M AtVlt REVtEVV AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally ap- peared Martha Drobnte, who on oath says that she Is the Office Manager of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami In Dade County, Florida; that the attached copy of adver- tisement, being a Legal Advertisement or Notice In the matter of /1'�r1T11l�i1 t1r orriinarre c131 NNW T?p• �r±rt�rgl Prwvi-si�i's, rtr In the Y`S�C Court, was published in said newspaper in the Issues of TAnitar`• Zr, 1 fl71 Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, In said Dade County, Florida, and that the said news- paper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami, In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. • .l..,!..L ,(C......f.....1i ,c .ti ..r.i.w.::f..x.z.ti.l Sworn to and subscribed before me this "f1' day of .1anitar- A.D. 19 71 Janet Leo Notary Public, State of Florida at Large (SEAL) My Commission expires April 15, 1973. CITY Of MIAMi. DADE ('OtNT1', Ft.onrA I.EGAI. NOTICE All interestrd a•IU take notice that on the 25th day of January, 1973 the Cornmission of the City ' of Miami, Florida adopted an ordinance entitled - AN ORDINANCE AMENDING ORDINANCE NO. 5871. ARTI- CLE IV PERTAINING TO GENERAL PROVISIONS. BY ADDING A NEW SECTION 39 TO PROVIDE FOR AN IN- TERiM ZONING DISTRICT. SETTING THE PROCEDURES TO ESTABLISH AN INTER- iM ZONING DISTRICT, PRO- VIDING FOR A NOTICE TO PROPERTY OWNERS WITH- IN THE PROPOSED IN- TERIM ZONING DISTRICT. PROVIDING FOR THE REC- r)RnTNC; OF 'DIE INTERIM ZONING DISTRICT AND SETTING TIME LIMITS FOR THE PROPOSED INTERIM ZONING DISTRICT, AND BY P•EPEALING ALL LAWS I\ CONFLICT IIEREWITIT, DE- CLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE wh:ch is desicnated Ordinance No. S131. H. D. SOUTHERN CITY CLERK CITY OFMIAMI, FLCIRIDA Pu111..11 ir,n of this notice nn the 'inth •l: of January, 1973. .Ad No. 1011142 RHT/cc 1/4/73 ORDINANCE NO. U / g/ AN ORDINANCE AMENDING ORDINANCE NO. 6871, ARTICLE IV, PERTAINING TO GENERAL PROVISIONS, BY ADDING A NEW SECTION 39 TO PROVIDE FOR AN INTERIM ZONING DISTRICT; SETTING THE PROCEDURES TO ESTABLISH AN INTERIM ZONING DISTRICT; PROVIDING FOR A NOTICE TO PROPERTY OWNERS WITHIN THE PROPOSED INTERIM ZONING DISTRICT; PROVIDING FOR THE RECORDING OF THE INTERIM ZONING DISTRICT AND SETTING TIME LIMITS FOR THE PROPOSED INTERIM ZONING DISTRICT; AND BY REPEALING ALL LAWS IN CONFLICT HEREWITH.vc�� WHEREAS, the Planning and Zoning Board of the City of Miami, at its meeting held on December 18, 1972, passed and adopted by an 8 to 0 vote its Resolution No. 72-288, recommending granting an amendment to Ordinance No. 6871, Article IV, as hereinafter set forth, pertaining to general provisions; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, Article IV, be and the same is hereby amended by adding a new Section 39 to Article IV to read as follows: Section 39. - INTERIM ZONING DISTRICTS CITY COMMISSION MEE T 1NG OF JAN 1 1 1..•''3 (1) INTENT - Interim zoning districts are intended to provide temporary regulations in designated areas of the City, not- withstanding the existing zoning applied to the area, where public development policy has been established by the City Commission during the period of time when comprehensive plans have been or are being prepared for the area, and either before or during the zoning process. The purpose is to insure that any development in a designated area is in accord with established public policy and that the development or a particular project or projects will not have an adverse effect on public plans or the general welfare of the public. • Lo any _i.rc,. districts :Mall in _.'.-�. r_o.1 l o':..tnq manner: ( rmi11 'ct1.Ol Lased on findings zh;:i! 1 mad:! sLtiri'i forth ✓ ai-.'d for such interim zoning (h) A Le_ notice to all oroperty p,ytl2r:S Lilo t)roposed interim zonincl district, the Interim Zoning District regulations ha11 bn zu' rni ttc d to the Planning and Zoning : oard and City Commission for _.uhl is hearing. The Interim Zoning District requires adoption and aporoval of the City Commission by Ordinance after notice to all property o,::n_ers within the proposed interim .zoning district. (c) Interim zoning regulations shall be designed to include, but not necessarily limited to the 1. Intent of the District 2. Delineation of the District i3oundar its 3. Permitted Uses 4. Limitation of Uses 5. Yard, Lot Coverage and/or floor Area Patio Requirements G . Other applicable regulations 7. Time limits RECORDING - The Interim Zoning District shall be properly designated on the official zoning maps of the City, anc7 :hall reflect the adopting ordinance number. (5) •:Cit. E LIMITS - The interim Zoning District shall continue in effect for a time limit no greater than a period of. one (1) year established by the enacting ordinance and shall auto- matically becor:e null and void at • • the end of this period. The City Commission may extend the time limit after due notice to property owners within the district, and a public hearing on said extension for a period of six (6) months. There shall be no more than three (3) extensions of time allowed for any established interim zoning district. Section 2. It is declared to be the legislative intent of this body that if any section, subsection, sentence, phrase or provision of this ordinance is held invalid, the remainder of the ordinance shall not be, affected. PASSED on first reading by title only this day of--%.G7re1 ,1973. PASSED AND ADOPTED on second and final reading by ,2-471-1( title only this zri s" day of PREPARED AND APPROVED BY: REVIEWED BY: ,1973. MAYOR Attest: City Clerk R. Harris Tu ner Assistant City Attorney 7 John S . Li Assistant APPROVED AS TO FORM AND CORRyCTNESS: 1 Alan H. Rothstein City Attorney *11 Art! E nIOQ`t •Honorable City Attention: Mr City of Miami, Gentlemen: iJ±± of Jiw tr..:1'•. V" 4,,,, Nc.°,4+141,4? Commission . M. L. Reese Florida Carat, 3J lariba • January 3, 1973 Re: ORDINANCE AMENDMENT - RECOMMENDED ARTICLE IV, Section 39, INTERIM ZONING DISTRICTS The Miami Planning Board, at its meeting of December 18, 1972, Item #11, following an advertised Hearing, adopted Resolution No. 72-288 by an 8 to 0 vote (one member absent), recommending an amendment to Ordinance No. 6871, ARTICLE IV, as follows: Add a new Section 39 to ARTICLE IV - GENERAL PROVISIONS Section 39. - INTERIM ZONING DISTRICTS (1) INTENT - Interim zoning districts are intended to provide temporary regulations in designated areas of the City, notwithstanding the existing zoning applied to the area, where public development policy has been established by the City Commission during the period of time when compre- hensive plans have been or are being prepared for the area, and either before or during the zoning process. The purpose is to insure that any development in a designated area is in accord with established public policy and that the develop- ment or a particular project or projects will not have an adverse effect on public plans or the general welfare of the public. APPLICABILITY - An Interim Zoning District may be applied to any area in the City. PROCEDURES - Interim districts shall be established in the following manner: (a) A determination based on findings shall be made setting forth the need for such interim zoning by the City Commission. (b) The Interim Zoning District regulations shall be sub- mitted to the Planning and Zoning Board and City (Pagefl of 2) Commission for public hearing. The Interim Zoning District required adoption and approval of the City Commission by Ordinance. (c) Interim zoning regulations shall be designed to include, but not necessarily limited to the following: 1. Intent of the District 2. Delineation of the District Boundaries 3. Permitted Uses 4. Limitation of Uses 5. Yard, Lot Coverage and/or Floor Area Ratio Requirements 6. Other applicable regulations 11 7. Time limits (4) RECORDING - The Interim Zoning District shall be properly designated on the official zoning maps of the City, and shall reflect the adopting ordinance number. (5) TIME LIMITS - The Interim Zoning District shall continue in effect for the time limit established by the enacting ordinance and shall automatically become null and void at the end of this period. The City Commission may extend the time limit after due notice to property owners within the district, and a public hearing on said extension. An ORDINANCE to provide for this Ordinance Amendment has been prepared by the City Attorney's office and submitted for consideration of the City Commission. ncerely, 11 David Simpson, Jr`: Executive Secretary Miami Planning & Zoning Board mm Attached: Minutes cc: Law Department NOTE: Planning Department recommendation: "APPROVAL". (Page 2 of 2) 11. ORDINANCE AMENDMENT Consideration of an Amendment to Ordinance No. 6871, ARTICLE IV, providing a new Section 39, which would provide for INTERIM ZONING DISTRICTS, as described in the City of Miami Planning Department's Preliminary Draft, dated November 3, 1972. Secretary filed proof of publication of Legal Notice of Hearing. Mr. Simpson: Itemr. #11, Mr. Chairman, represents an Ordinance Amendment. Mr. Whipple: Ladies and Gentlemen of the Board, if you will, let me briefly, just set forth the concept of Interim Zoning. There's a couple - several basics which we feel are important with respect to this legislation. Let me first say, that what is being proposed here, this evening, is the enabling legislation, by which to establish Interim Zoning, in specific areas of the City, which are set forth - the establishment of such districts which are set forth in the enabling legislation. The reason for proposing this legislation, is to provide for a set of, if you will, Interim Legislations, for a given area, for certain reasons. These reasons may vary. If I may cite you an example, by which to illustrate it. The Dade County and the City of Miami, and the Federal Govern- ment, have cooperatively worked toward a, what is called, or termed, The Miami - Dade Governmental Center. The Dade County people are presently acquiring land in this area, the City of Miami is acquiring land, and this is destined in the future, to be the Governmental Center for the City of Miami, Dade County, and, eventually, the Federal Govern- ment, as far as their offices go, in Miami. What we are trying to do, based upon the proposals and plans iii.for this Governmental Center, as somewhat sketchy and nebulous as they are, today, is to set forth regulations for the periphery area, around the Government Center, so that we do not end up with, if I may, as an example, a paint and body shop across from the main entrance to the Governmental Center. Now, the Interim Regulations set forth the uses which we deem that are appropriate, and complementary to the Governmental Center, as opposed to upsetting, derogatory, not in conformity with, things of that nature. The idea of the Interim Regulations, or the Interim Legisla- tion, is to provide a vehicle by which to protect these abutting areas, from these obnoxious uses, and detrimental development. And I might remind you, we're not talking about the Governmen- tal Center specifically, tonight, we're talking about the legislation, and we have a proposal, which I believe you have received, for a - for the Interim District around the Governmental Center. We can argue the nitty-gritty at a later date, as far as the Governmental Center goes, but we feel that the legislation provides a solid sound framework, and the guidelines by which to impose further regulation on this area. And, that is basically the intent of the Interim Legilsation, to give us the flexibility to protect these •areas, on an interim period. And, I want to stress the interim period. We're not talking about five years, or ten years, each of the Interim Districts that is established, will have a time limit, with restrictions as to how long this time limit can be extended. And, at any time during this period, the Interim District can be revoked, if it is considered un- reasonable, or not appropriate, or something of that nature. In the case of the Governmental Center, if I may use that, here you have an investment in a part of the city, the county, and the Citizens of Miami saying, "Yes, we do need a Governmental Center", and this, the Interim Regulations, in essence, are to protect the -38- December 18, 1972 Item #10 interest of the general public, and assure that when this public investment is made, that it will not be subjugated to 'something lesser because of the surrounding area. If there are any questions, I would be glad to answer them. Mr. Martinez: Mr. Simpson, this Board, by taking action on this item, tonight, all that would be is initiating a public hearing for the Amendment to this Ordinance? Mr. Simpson: Mr. Chairman, this is the Public Hearing for "'the Amendment, as Mr. Whipple indicated, this is just a permissive legislation. They have already proposed two areas to apply Interim Zoning. You recently initiated the hearing for the Downtown Property, surrounding the Downtown Governmental Section. As Item #15, on tonight, you have the Report on the Grove Preservation District, as they call it, which is another Interim Zoning. This is the permissive legislations to permit this Board to consider applying these regulations to those given districts. The districts, themselves, cannot be scheduled, until Item #11 becomes law. Mr. Whipple: If I may, just add one more comment. Metropolitan Dade County, by virtue - well, you have seen the Newspaper Articles, has been using the moratorium vehicle, by which to protect certain area for various reasons. These could be public reasons, private reasons, environmental reasons. In the moratorium, they have said there shall be nothing take place in this area. What we have tried to do with the Interim Regulations, is to temper that theory. Understanding the theory, and the need for it, and the public interest involved, we're trying to set forth a legis- lation, which would give - allow some development under certain cir- •umstances, and under certain conditions, which we will set forth in each of the Interim District Ordinances. The development can still take place, and still be harmonious and compatible, with whatever the plan objectives are, be they public, or private. In the case of the Governmental Center, they are basically public. In the case of Coconut Grove, it is basically private. And we want to protect all of these interests, and we believe this is a valid vehicle by which to do it, and we would like to encourage your support of it. The individual districts, whether we've done it right, or suggest that the legislation for the individual districts is right or not, that's yet to be considered, but we feel this is the proper legislative vehicle by which to proceed and consider these items. Mr. Martinez: Mr. Silverman? Mr. Silverman: Mr. Chairman. This is just an enabling law, it doesn't have any application to any specific property at this time, and I would move it. Mr. Martinez: All right, any discussion from the Board Members? Mr. Gort: Let me ask you a question, before any decision was "'made on any property, would it have to come before us? Mr. Martinez: Yes. Mr. Silverman: Each specific area would have to come before us. This is just an enabling act, to permit the use of this Ordinance in the City, then, the application for any particular area would have to come before us, separately. Mr. Gort; I second the motion. Mr. Martinez: All right, it has been moved and seconded by Mr, Dean. Call the roll, Mr. Simpson. -39- December 18, 1972 Item #11 • Mr. Simpson: The motion on Item #11 is to recommend. Mr. Silverman offered the following resolttion, and moved its adoption: RESOLUTION NO. 72-288 RESOLUTION RECOMMENDING AN AMENDMENT TO ORDINANCE NO. 6871, ARTICLE IV, PROVIDING A NEW SECTION 39, WHICH WOULD PROVIDE FOR INTERIM ZONING DISTRICTS, AS DESCRIBED IN THE CITY OF MIAMI PLANNING DEPARTMENT'S PRELIMINARY DRAFT, DATED NOVEMBER 3RD, 1972. Upon being seconded by Mr. Dean, this resolution was passed and adopted by the following vote: AYES: Messrs. Alfonso, Dean, Gort, Silverman, Martinez. Mmes. Callahan, Fernandez, McGraner. NAYES: None. ABSENT: Mr. Burns. Mr. Simpson: Unanimous. -40- December 18, 1972 Item 411 1 o4e(lhone 444•7270 President i t Vice! 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