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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET ;11a I l�[cl:16al Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTIONS 1.1 AND 1.2 OF THE MIAMI 21 CODE, RESPECTIVELY TITLED "DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)" AND "DEFINITIONS OF TERMS," TO ADD THE DEFINITION OF AMUSEMENT RIDE; AMENDING ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "BUILDING FUNCTION: USES," TO ADD AMUSEMENT RIDES AS A USE BY EXCEPTION FOR TRANSECT T-6 ("URBAN CORE ZONE") OPEN; AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO ADD SUPPLEMENTAL REGULATIONS FOR AMUSEMENT RIDES UNDER TRANSECT T-6 ("URBAN CORE ZONE") OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Emilio T. Gonzalez, Ph.D., City Manager, on behalf of the City of Miami PURPOSE: This will amend Article 1, Section 1.1, "Definitions of Building Function: Uses (Article 4, Table 3)", of Miami 21 by adding the definition of an Amusement Ride; and amend Article 4, Table 3, entitled "Building Function: Uses", to add "Amusement Ride" as a use by Exception for transect T6-0; and, amending Article 6, Table 13, entitled "Supplemental Regulations", to add supplemental regulations for "Amusement Ride" under transect T6-0. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 15, 2019, by a vote of 7-3. City of Miami File ID: 5826 (Revision:) Printed On: 7/16/2019 City of Miami City Hall Legislation 3500 Pan Ameican Drive g Miami, FL 33133 Ordinance www.miamigov.com Enactment Number:13851 File Number: 5826 Final Action Date: 6/27/2019 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTIONS 1.1 AND 1.2 OF THE MIAMI 21 CODE, RESPECTIVELY TITLED "DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)" AND "DEFINITIONS OF TERMS," TO ADD THE DEFINITION OF AMUSEMENT RIDE; AMENDING ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "BUILDING FUNCTION: USES," TO ADD AMUSEMENT RIDES AS A USE BY EXCEPTION FOR TRANSECT T-6 ("URBAN CORE ZONE") OPEN; AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO ADD SUPPLEMENTAL REGULATIONS FOR AMUSEMENT RIDES UNDER TRANSECT T-6 ("URBAN CORE ZONE") 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, as amended ("Miami 21 Code"); and WHEREAS, the Miami 21 Code does not allow for Amusement Rides in any transect zones; and WHEREAS, many major cities throughout the United States have zoning ordinances that allow for Amusement Rides in certain areas; 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 (TZAB"), at its meeting on May 15, 2019, following an advertised public hearing, adopted Resolution No. PZAB-R-19-019 by a vote of seven to three (7-3), Item No. PZAB.6, recommending approval of the proposed text change to the Miami 21 Code as stated herein; and WHEREAS, the City Commission has considered whether the proposed text change will further the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and other City regulations; and City of Miami File ID: 5826 (Revision:) Printed On: 7/16/2019 WHEREAS, due consideration has been given to the need and justification for the proposed text change, including changing and changed conditions that make the passage of the proposed text change necessary; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Article 1 of the Miami 21 Code is hereby amended in the following particulars:' "ARTICLE 1. DEFINITIONS OF TERMS AND USES 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) d. COMMERCIAL Amusement Ride: Any permanent motorized mechanical device, which no part thereof travels at a speed greater than fifteen (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 enloyment or entertainment to customers. 1.2 DEFINITIONS OF TERMS Amusement Ride: See Section 1.1, Commercial Use. Section 3. Article 4, Table 3 of the Miami 21 Code is further amended in the following particulars:' "ARTICLE 4. STANDARDS & TABLES TABLE 3. BUILDING FUNCTION: USES ' 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 unchanaed material. City of Miami File ID: 5826 (Revision:) Printed On: 7/16/2019 COMMERCIAL T3 T4 T5 T6 C D SUB- URBAN URBAN URBAN CIVIC DISTRICTS URBAN GENERAL CENTER CORE RECREATIONAL R R R R E R R R W ESTABLISHMENT AMUSEMENT E RIDE Section 4. The City Commission further amends the Miami 21 Code by amending Article 6, Table 13, in the following particulars:' "ARTICLE 6. SUPPLEMENTAL REGULATIONS TABLE 13. T6 - O - URBAN CORE ZONE - OPEN REGIONAL ACTIVITY Regional Activity Complex: Allowed by Exception with City COMPLEX Commission approval and are subject to the following additional requirements: Amusement Ride Amusement Rides are permissible by Exception with City Commission approval, subject to review pursuant to Article 4, Table 12 of this Code 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 Code. 4. 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. City of Miami File ID: 5826 (Revision:) Printed On: 7/16/2019 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. 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 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 Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected. Section 6. This Ordinance shall become effective immediately upon its adoption.2 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i . ndez, City Attor ey 6/4/2019 2 This Ordinance shall become effective as specified herein 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 or upon the effective date stated herein. whichever is later. City of Miami File ID: 5826 (Revision:) Printed On: 7/16/2019