Miami-Dade Legislative Item
File Number: 120887
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File Number: 120887 File Type: Ordinance Status: Adopted
Version: 0 Reference: 12-47 Control: Board of County Commissioners
File Name: ZONING AMENDING PLAN REVIEW STANDARDS IN BUSINESS DISTRICTS Introduced: 4/27/2012
Requester: NONE Cost: Final Action: 7/3/2012
Agenda Date: 7/3/2012 Agenda Item Number: 7B
Notes: Title: ORDINANCE PERTAINING TO ZONING; AMENDING SECTIONS 33-245.2, 33-251.5, 33-253.9 AND 33-256.8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING PLAN REVIEW STANDARDS IN THE BUSINESS DISTRICTS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 120802]
Indexes: ZONING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
  Jean Monestime, 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 7/3/2012 7B Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. Hearing no questions or comments, the County Commission members voted on the foregoing ordinance.

Infrastructure and Land Use Committee 6/13/2012 1F1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Edmonson opened the public hearing on the foregoing proposed ordinance, and the following person appeared before the Committee: Ms. Truly Burton, Executive Vice-President, Florida Atlantic Building Association, spoke in support of this proposed ordinance. Chairwoman Edmonson closed the public hearing after no other person appeared wishing to speak. Commissioner Diaz expressed appreciation to Ms. Burton for her help and leadership on this issue. He explained that this proposed ordinance would apply to new constructions and when a majority of an existing property was renovated. He pointed out that he would continue to work to identify affordable and aesthetic ways to comply with this proposed ordinance. Hearing no other questions or comments, the Committee proceeded to vote.

Board of County Commissioners 5/1/2012 4B SUBSTITUTE Adopted on first reading 6/13/2012 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Infrastructure and Land Use Committee on June 13, 2012 at 2:00 p.m.

County Mayor 4/30/2012 Additions 5/1/2012

County Attorney 4/27/2012 Referred Infrastructure and Land Use Committee 6/13/2012

County Attorney 4/27/2012 Assigned John D. Mc Innis

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING; AMENDING SECTIONS 33-245.2, 33-251.5, 33-253.9 AND 33-256.8 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING PLAN REVIEW STANDARDS IN THE BUSINESS DISTRICTS; 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. Article XXIV of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
ARTICLE XXIV - BU-1, NEIGHBORHOOD BUSINESS DISTRICT

* * *

Sec. 33-245.2. - Plan review standards.

(A) The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. The decision of the Department in relation to the site plan review criteria may be appealed by the party(ies) which filed the application for the project to the appropriate Community Zoning Appeals Board within thirty (30) days of the date the project was denied approval in writing. Appeals will be heard as expeditiously as possible. The purpose of the site plan review is to encourage logic, imagination and variety in the design process and thereby insure the congruity of the proposed development and its compatibility with the surrounding area. All final plans submitted for building permits shall be substantially in compliance with plans approved under the plan review procedure herein established.


* * *

(C) The following checklist of criteria shall be utilized as a guide by the Department and by the appropriate board, upon appeal, in the review process:

* * *

(8) Circulation. Pedestrian and auto circulation shall be separated insofar as practicable and all circulation systems shall adequately serve the needs of the project and be compatible and functional with circulation systems outside the development. >>When head-in parking is located directly adjacent to a storefront,<< [[a minimum sidewalk width of ten (10) feet shall be required. Concrete security planters with a minimum depth of forty (40) inches shall be placed along the outer edge of the sidewalk to visually and physically separate the vehicular and pedestrian areas. The planters]] >>an anti-ram fixture with a minimum Department of State protection rating of K4 shall be placed along the outer edge of the sidewalk to visually and physically separate the vehicular and pedestrian areas. Installations must include a landscaping/planting component to mitigate the visual impacts of the anti-ram fixture. The anti-ram fixture shall be continuous with reasonable breaks provided to allow for pedestrian access and compliance with the Americans with Disabilities Act.<<

* * *

>>(12) Window Height. When head-in parking is located directly adjacent to a storefront, ground floor windowsills shall be placed at a minimum height of 24 inches and a maximum of 48 inches above grade.<<



Section 2. Article XXV of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:

ARTICLE XXV. - BU-1A, LIMITED BUSINESS DISTRICT

* * *

Sec. 33-251.5. - Plan review standards.

(A) The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. The decision of the Department in relation to the site plan review criteria may be appealed by the party(ies) which filed the application for the project to the appropriate Community Zoning Appeals Board within thirty (30) days of the date the project was denied approval in writing. Appeals will be heard as expeditiously as possible. The purpose of the site plan review is to encourage logic, imagination and variety in the design process and thereby insure the congruity of the proposed development and its compatibility with the surrounding area. All final plans submitted for building permits shall be substantially in compliance with plans approved under the plan review procedure herein established.

* * *

(C) The following checklist of criteria shall be utilized as a guide by the Department and by the appropriate board, upon appeal, in the review process:

* * *

(8) Circulation. Pedestrian and auto circulation shall be separated insofar as practicable and all circulation systems shall adequately serve the needs of the project and be compatible and functional with circulation systems outside the development. >>When head-in parking is located directly adjacent to a storefront,<< [[a minimum sidewalk width of ten (10) feet shall be required. Concrete security planters with a minimum depth of forty (40) inches shall be placed along the outer edge of the sidewalk to visually and physically separate the vehicular and pedestrian areas. The planters]] >>an anti-ram fixture with a minimum Department of State protection rating of K4 shall be placed along the outer edge of the sidewalk to visually and physically separate the vehicular and pedestrian areas. Installations must include a landscaping/planting component to mitigate the visual impacts of the anti-ram fixture. The anti-ram fixture shall be continuous with reasonable breaks provided to allow for pedestrian access and compliance with the Americans with Disabilities Act.<<

* * *

>>(12) Window Height. When head-in parking is located directly adjacent to a storefront, ground floor windowsills shall be placed at a minimum height of 24 inches and a maximum of 48 inches above grade.<<

Section 3. Article XXVI of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
ARTICLE XXVI. - BU-2, SPECIAL BUSINESS DISTRICT

* * *

Sec. 33-253.9. - Plan review standards.

(A) The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. The decision of the Department in relation to the site plan review criteria may be appealed by the party(ies) which filed the application for the project to the appropriate Community Zoning Appeals Board within thirty (30) days of the date the project was denied approval in writing. Appeals will be heard as expeditiously as possible. The purpose of the site plan review is to encourage logic, imagination and variety in the design process and thereby insure the congruity of the proposed development and its compatibility with the surrounding area. All final plans submitted for building permits shall be substantially in compliance with plans approved under the plan review procedure herein established.

* * *



(C) The following checklist of criteria shall be utilized as a guide by the Department and by the appropriate board, upon appeal, in the review process.

* * *

(8) Circulation. Pedestrian and auto circulation shall be separated insofar as practicable and all circulation systems shall adequately serve the needs of the project and be compatible and functional with circulation systems outside the development. >>When head-in parking is located directly adjacent to a storefront,<< [[a minimum sidewalk width of ten (10) feet shall be required. Concrete security planters with a minimum depth of forty (40) inches shall be placed along the outer edge of the sidewalk to visually and physically separate the vehicular and pedestrian areas. The planters]] >>an anti-ram fixture with a minimum Department of State protection rating of K4 shall be placed along the outer edge of the sidewalk to visually and physically separate the vehicular and pedestrian areas. Installations must include a landscaping/planting component to mitigate the visual impacts of the anti-ram fixture. The anti-ram fixture shall be continuous with reasonable breaks provided to allow for pedestrian access and compliance with the Americans with Disabilities Act.<<

* * *

>>(12) Window Height. When head-in parking is located directly adjacent to a storefront, ground floor windowsills shall be placed at a minimum height of 24 inches and a maximum of 48 inches above grade.<<


Section 4. Article XXVII of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
ARTICLE XXVII. - BU-3 LIBERAL BUSINESS DISTRICT

* * *

Sec. 33-256.8. - Plan review standards.

(A) The Department shall review plans for compliance with zoning regulations and for compliance with the site plan review criteria. The decisions of the Department in relation to the site plan review criteria may be appealed by the party(ies) which filed the application for the project to the appropriate Community Zoning Appeals Board within thirty (30) days of the date the project was denied approval in writing. Appeals will be heard as expeditiously as possible. The purpose of the site plan review is to encourage logic, imagination and variety in the design process and thereby insure the congruity of the proposed developments and its compatibility with the surrounding area. All final plans submitted for building permits shall be substantially in compliance with plans approved under the plan review procedure herein established.


* * *

(C) The following checklist of criteria shall be utilized as a guide by the Department and by the appropriate board, upon appeal, in the review process.


* * *

(8) Circulation. Pedestrian and auto circulation shall be separated insofar as practicable and all circulation systems shall adequately serve the needs of the project and be compatible and functional with circulation systems outside the development. >>When head-in parking is located directly adjacent to a storefront,<< [[a minimum sidewalk width of ten (10) feet shall be required. Concrete security planters with a minimum depth of forty (40) inches shall be placed along the outer edge of the sidewalk to visually and physically separate the vehicular and pedestrian areas. The planters]] >>an anti-ram fixture with a minimum Department of State protection rating of K4 shall be placed along the outer edge of the sidewalk to visually and physically separate the vehicular and pedestrian areas. Installations must include a landscaping/planting component to mitigate the visual impacts of the anti-ram fixture. The anti-ram fixture shall be continuous with reasonable breaks provided to allow for pedestrian access and compliance with the Americans with Disabilities Act.<<

* * *

>>(12) Window Height. When head-in parking is located directly adjacent to a storefront, ground floor windowsills shall be placed at a minimum height of 24 inches and a maximum of 48 inches above grade.<<


Section 5. 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 6. 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 7. 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<< are added. Remaining provisions are now in effect and remain unchanged.



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