Miami-Dade Legislative Item
File Number: 032152
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File Number: 032152 File Type: Ordinance Status: Amended
Version: 0 Reference: Control: County Commission
File Name: ARTS FOUNDATION IN RU-5 DISTRICT Introduced: 7/17/2003
Requester: NONE Cost: Final Action:
Agenda Date: 10/7/2003 Agenda Item Number: 6B
Notes: SEE 032874 FOR FINAL VERSION AS ADOPTED Title: ORDINANCE RELATED TO ZONING; AMENDING SECTIONS 33-1 AND 33-223.6 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; DEFINING ARTS FOUNDATION; PERMITTING ARTS FOUNDATION IN RU-5A DISTRICT SUBJECT TO CONDITIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ZONING
Sponsors: Bruno A. Barreiro, Prime Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Joe A. Martinez, Co-Sponsor
  Jimmy L. Morales, Co-Sponsor
  Dorrin D. Rolle, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 10/7/2003 6B Amended
REPORT: It was moved by Commissioner Barreiro that the foregoing proposed ordinance be adopted as amended to include the following language as proposed by Ms. Diane O'Quinn-Williams, Director of the Planning and Zoning Department: "that the main offices of the Foundation including related Lecture and Seminar Rooms shall be the principal uses located on the premises and shall occupy in excess of 50% of the gross floor area, related art exhibition space shall be ancillary to the principal uses" This motion was seconded by Commissioner Sosa; and upon being put to a vote, passed by a vote of 11-0. (Commissioners Moss and Rolle were absent) (See Agenda Item 6B Amended, Legislative File Number 032874)

Governmental Operations and Environment Committee 9/16/2003 3A Forwarded to BCC with a favorable recommendation P
REPORT: Chairperson Seijas opened the public hearing and invited comments from individuals in the audience. There being no one to appear in connection with the foregoing proposed ordinance, the public hearing was closed.

Board of County Commissioners 7/22/2003 Scheduled for a public hearing Governmental Operations and Environment Committee 9/16/2003

Board of County Commissioners 7/22/2003 13F SUBSTITUTE Adopted on first reading 9/16/2003 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Governmental Operations and Environment Committee on September 16, 2003.

County Attorney 7/17/2003 Referred Governmental Operations and Environment Committee 9/16/2003

County Attorney 7/17/2003 Assigned Dennis A. Kerbel 7/17/2003

Legislative Text


TITLE
ORDINANCE RELATED TO ZONING; AMENDING SECTIONS 33-1 AND 33-223.6 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; DEFINING ARTS FOUNDATION; PERMITTING ARTS FOUNDATION IN RU-5A DISTRICT SUBJECT TO CONDITIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1

Sec. 33-1. Definitions.

* * *

>>(9.1) Arts Foundation. A facility containing offices, lecture and seminar rooms, exhibition areas, as well as artists' work studios, all of which is operated by a non-profit organization dedicated to the promotion of the visual arts and artists through the exhibition and presentation of the foundation's artists' works.<<

* * *

Section 2. Section 33-223.6 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-223.6. Uses Permitted.

No land, body of water or structure shall be used, or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved or structurally altered or maintained for any purpose in an RU-5A District which is designed, arranged, or intended to be used or occupied for any purpose, except for one (1) or more of the following uses, and all other uses are hereby prohibited:

* * *

>>(8.1) Arts foundations as defined in Section 33-1(9.1), subject to the following conditions:

(a) That the main offices of the foundation, related lecture and seminar rooms, together with the art exhibition space, shall be the principal uses located on the premises, occupying in excess of 50% of the gross floor area.

(b) That the art display areas shall be for the exhibition of artwork created by artists who are sponsored by the foundation, and all artwork displayed shall be of the visual arts only.

(c) That all art exhibitions shall be conducted within the principal structure.

(d) That there shall be a maximum of six art shows per year.

(e) That off-street parking requirements for the art display area shall be calculated at one parking space for every 250 square feet, or fractional part thereof. Office and other use areas shall have off-street parking spaces provided for such areas as otherwise provided in this code.

(f) That the sale of art shall be prohibited.<<

Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.

Section 4. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.

Section 5. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

Section 6. This ordinance does not contain a sunset provision.

1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amended proposal. Remaining provisions are now in effect and remain unchanged.



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