Miami-Dade Legislative Item
File Number: 093024
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File Number: 093024 File Type: Ordinance Status: Adopted
Version: 0 Reference: 09-102 Control: Board of County Commissioners
File Name: ESTABLISHING DEFINITION OF COMMUTER COLLEGE REGARDING ZONING Introduced: 11/9/2009
Requester: NONE Cost: Final Action: 11/17/2009
Agenda Date: 11/17/2009 Agenda Item Number: 7A
Notes: Title: ORDINANCE PERTAINING TO ZONING; ESTABLISHING DEFINITION OF COMMUTER COLLEGE; ESTABLISHING REGULATIONS AND ZONING DISTRICTS WHERE PERMITTED; EXEMPTING FROM THE REQUIREMENTS OF PRIVATE COLLEGES AND UNIVERSITIES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 092266]
Indexes: ZONING
Sponsors: Jose "Pepe" Diaz, Prime 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 11/17/2009 7A Adopted P
REPORT: First County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no objection, the Board proceeded to vote on the foregoing proposed ordinance.

County Attorney 11/9/2009 Assigned Joni Coffey 11/9/2009

Budget, Planning and Sustainability Committee 10/27/2009 2B AMENDED Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chairwomen Sorenson opened the public hearing on this proposed ordinance. Mr. Juan Mayol, Jr., Holland and Knight, representing Lucky Strike Plaza LLC, noted his client owned a property that was zoned Office Park District (OPD). He explained that an educational component would be a complementary use to this zoning district. Mr. Mayol requested that the Committee forward this proposed resolution with a favorable recommendation with an amendment to add OPD as long as zoning districts for community colleges were allowed. Hearing no other persons wishing to speak on this matter, the public hearing was closed. There being no further questions or comments, the Committee proceeded to vote on this proposed ordinance as amended to add Office Park District (OPD) as one of the zoning districts where community colleges would be allowed. It was moved by Commissioner Martinez that this proposed ordinance be forwarded to the County Commission with Committee amendments to add Office Park District (OPD) as one of the zoning districts where community colleges would be allowed. This motion was seconded by Commissioner Heyman, and upon being put to a vote, passed by a vote of 5-0, (Commissioner Edmonson was absent).

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING; ESTABLISHING DEFINITION OF COMMUTER COLLEGE; ESTABLISHING REGULATIONS AND ZONING DISTRICTS WHERE PERMITTED; EXEMPTING FROM THE REQUIREMENTS OF PRIVATE COLLEGES AND UNIVERSITIES; 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.

* * *

(30.1) Community residential home. A dwelling unit licensed to serve clients of the State of Florida Department of Health and Rehabilitative Services, which provides a living environment for seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a family. Supervisory and supportive staff as may be necessary to meet the physical, emotional, and social needs of the resident clients shall be excluded from said count.
>>(30.2) Commuter college/university. Any private college or university campus which is intended primarily to meet the needs of part-time and working students, which is located within a shopping center or office park, and which meets the following criteria: i) the campus is designed without any residential dormitories, athletic facilities, performance venues, and other facilities which are typically provided in college campuses to service full-time students, and ii) the square footage of all college and university campuses within the shopping center or office park consists of no more than 150,000 square feet of total building space or 10% of the square footage of the shopping center or office park, whichever is lower. A cafeteria/food court and school store selling new and used books and sundries for the convenience of students shall be considered as an ancillary use in connection with commuter college/university facilities provided that the square footage of such uses does not exceed ten (10) percent of the total square footage of the facility.<<
* * *

Section 2. Section 33-151.14 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-151.14. Private colleges and universities.

* * *

>>(C) Exception for Commuter Colleges/Universities. The requirements set forth in subsection (a) above or any other section of this Article shall not apply to commuter colleges/universities.<<
Section 3. Section 33-253 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-253. Uses permitted.
No land, body of water and/or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, occupied or maintained for any purpose in any BU-2 District except for one (1) or more of the following uses:

* * *

>>(2.05) Commuter Colleges/Universities.<<

* * *

Section 4. Section 33-259 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-259. Uses permitted.
No land, body of water or structure shall be used or permitted to be used and no structure shall be erected, constructed, moved or reconstructed, structurally altered, or maintained, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided herein, in IU-1 District, excepting for one (1) or more of the following:

* * *

>>(24.1) Commuter Colleges/Universities.<<

* * *

Section 5. Section 33-268 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-268. Permitted uses.
No land, body of water, or structure in an IU-C District shall be used or permitted to be used, and no structure shall be erected, constructed, moved or reconstructed, structurally altered, used, occupied or maintained for any purpose (except as a legal nonconforming building or use), except for one (1) or more of the uses hereinafter enumerated, and then only in accordance with the conditions hereinafter set forth:
(1) Every use permitted in the IU-1 District, except adult entertainment uses as defined in Section 33-259.1, and private schools and nonpublic educational facilities as defined in Section 33-151.11 are prohibited in the IU-C District, and every use permitted in the IU-3 Districts (uses permitted in IU-2 District specifically prohibited) and all other industrial uses similar in character shall be permitted in the IU-C District, and shall include utility plants and substations such as, but not limited to, sewage, water, power, communications and gas. >>Notwithstanding the preceding sentence, commuter colleges/universities are permitted within the IU-C District.<<

Section 6. Section 33-284.30 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-284.30. Uses permitted.
No land, body of water or structure shall be used or permitted to be used and no structure shall be erected, constructed, moved or reconstructed, structurally altered, or maintained in any OPD District, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise herein provided, excepting for one (1) or more of the following uses:
(1) Principal uses. Principal uses are those permitted uses that will form the major use concentration within the office park complex and include the following:
* * *
>>(c) Commuter Colleges/Universities.<< 6
* * *
Section 7. 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 8. 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 9. 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.

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

2 Section 6 of this ordinance has been added after public hearing at committee. The new Section 6 amends the original proposed ordinance to provide for Commuter Colleges/Universities as an additional permitted use in the OPD (Office Park District) zoning district, as indicated by double underlining and >>double arrows<< within the new section.



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