Snapshot 31189

CITY COMMISSION FACT SHEET File ID:

(ID # 5119)

Title:

AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, TITLED “DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3),” TO ADD THE DEFINITION OF “AMUSEMENT RIDE”; BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS", TO ADD THE DEFINITION OF A "REGIONAL DESTINATION"; BY AMENDING ARTICLE 4, TABLE 3, TITLED “BUILDING FUNCTION: USES,” TO ADD “AMUSEMENT RIDE” AS A USE ALLOWED BY EXCEPTION WITH CITY COMMISSION APPROVAL WITHIN THE “CS,” CIVIC SPACE TRANSECT ZONE; AND BY AMENDING ARTICLE 6, TABLE 13, TITLED “SUPPLEMENTAL REGULATIONS,” TO ADD SUPPLEMENTAL REGULATIONS FOR “AMUSEMENT RIDE” IN THE “CS,” CIVIC SPACE TRANSECT ZONE; 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 Article1, 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, to add Amusement Ride as a use allowed by Exception with City Commission approval within the “CS” Civic Space Transect Zone; and amend Article 6, Table 13 Supplemental Regulations to add criteria for “Amusement Ride” in the “CS” Civic Space Transect Zone. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On December 19, 2018, motion recommending approval failed by a vote of 4-5.

City of Miami

File ID: 5119 (Revision: A) Printed On: 3/19/2019

City of Miami Legislation Ordinance Enactment Number File Number: 5119

City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com

Final Action Date:

AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 1, SECTION 1.1, TITLED “DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3),” TO ADD THE DEFINITION OF “AMUSEMENT RIDE”; BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS", TO ADD THE DEFINITION OF A "REGIONAL DESTINATION"; BY AMENDING ARTICLE 4, TABLE 3, TITLED “BUILDING FUNCTION: USES,” TO ADD “AMUSEMENT RIDE” AS A USE ALLOWED BY EXCEPTION WITH CITY COMMISSION APPROVAL WITHIN THE “CS,” CIVIC SPACE TRANSECT ZONE; AND BY AMENDING ARTICLE 6, TABLE 13, TITLED “SUPPLEMENTAL REGULATIONS,” TO ADD SUPPLEMENTAL REGULATIONS FOR “AMUSEMENT RIDE” IN THE “CS,” CIVIC SPACE TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.

WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”) at its meeting on December 19, 2018, following an advertised public hearing, made a motion recommending approval of Item No. PZAB.9, which failed by a vote of four to five [4-5], of the zoning text change as proposed herein; and WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida (“Miami 21 Code”), was adopted; and WHEREAS, the tourism industry is an important part of the City of Miami’s (“City”) economy; and WHEREAS, permitting amusement rides may increase the number and variety of attractions offered by the City to its visitors and residents; and WHEREAS, allowing amusement rides in certain transect zones may increase potential activities and sites for recreation; 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 to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Article1, Section 1.1 of the Miami 21 Code is hereby amended in the following particulars:1 “ARTICLE 1. DEFINITIONS 1

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 unchanged material. City of Miami

File ID: 5119 (Revision: A) Printed On: 3/19/2019

SECTION 1.1 - DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) *

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e. CIVIC

Amusement Ride: Any permanent motorized or non-motorized mechanical device 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 enjoyment or entertainment to customers. *

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Section 3. Article 1, Section 1.2 of the Miami 21 Code is amended in the following particulars:1 *

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Regional Destination: A destination that draws visitors from Neighborhoods, on a city-wide basis, other than the Neighborhood in which it is located. *

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Section 4. Article 4, Table 3 of the Miami 21 Code is amended in the following particulars:1 “ARTICLE 4. STANDARDS AND TABLES *

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TABLE 3. BUILDING FUNCTIONS: USES * T3 SUBURBAN R L

O

T4

T5

T6

URBAN GENERAL R L O

URBAN CENTER R L O

URBAN CORE R L

* CIVIC COMMUNITY FACILITY RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX AMUSEMENT RIDE

City of Miami

W

W

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C O

CIVIC CS

D CI

CIHD

DISTRICTS D1 D2

D3

*

W

W

W

W

W

E

W

R

R

E

E

E

E

R

R

E

R

R

E

R

R

W

E

W

R

R

E

E

E

E

R

R

E

R

R

E

R

R

W

E

R

R

R

E

E

E

E

File ID: 5119 (Revision: A) Printed On: 3/19/2019

W

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Section 5. Article 6, Table 13 of the Miami 21 Code is amended in the following particulars:1 “ARTICLE 6. SUPPLEMENTAL REGULATIONS *

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TABLE 13 SUPPLEMENTAL REGULATIONS *

C – CIVIC

DENSITY (UPA)

REGIONAL ACTIVITY COMPLEX

City of Miami

CS – CIVIC SPACE

CI – CIVIC INSTITUTION

CI-HD – CIVIC INSTITUTION HEALTH DISTRICT

N/A

DENSITY OF ABUTTING ZONE

150 UNITS PER ACRE

Regional Activity Complex: Allowed by Exception with City Commission approval and are subject to the following additional requirements:

Regional Activity Complex: Allowed by Exception with City Commission approval and are subject to the following additional requirements:

Regional Activity Complexes are not allowed in Transect Zones T6-8 and T6-12.

Regional Activity Complexes are not allowed in Transect Zones T6-8 and T6-12.

Minimum distance requirement of 1,000 feet between proposed facility and any T3 or T4 Zones.

Minimum distance requirement of 1,000 feet between proposed facility and any T3 or T4 Zones.

Transect regulations pertaining to Building Disposition, and Building Configuration shall be considered referential guidelines for Regional Activity Complexes. Any exemption from these guidelines must comply with the following criteria:

Transect regulations pertaining to Building Disposition, and Building Configuration shall be considered referential guidelines for Regional Activity Complexes. Any exemption from these guidelines must comply with the following criteria:

1. exemptions shall be justified by functional requirements connected to the uses proposed; and

1. exemptions shall be justified by functional requirements connected to the uses proposed; and

2. exemptions shall be reduced to the minimum required to achieve the required functionality; and

2. exemptions shall be reduced to the minimum required to achieve the required functionality; and

3. exemptions in the aggregate shall be evaluated for compliance with the Transect’s intent regarding intensity and scale; and

3. exemptions in the aggregate shall be evaluated for compliance with the Transect’s intent regarding intensity and scale; and

4. exemptions shall be evaluated for responsiveness to criteria set forth in Article 4, Table

4. exemptions shall be evaluated for responsiveness to criteria set forth in Article 4, Table

File ID: 5119 (Revision: A) Printed On: 3/19/2019

AMUSEMENT RIDE

12, as applicable; and

5. specific findings shall be made by the Planning Director regarding the nature and extent of each proposed exemption and said findings shall be contained in the recommendation report for the Exception which may be considered as substantial and competent evidence by the PZAB and City Commission respectively.

5. specific findings shall be made by the Planning Director regarding the nature and extent of each proposed exemption and said findings shall be contained in the recommendation report for the Exception which may be considered as substantial and competent evidence by the PZAB and City Commission respectively.

Amusement Rides are allowed by Exception with City Commission approval, subject to review pursuant to Article 4, Table 12 of this Code and the following additional standards: 1.

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The Use is limited to master planned sites intended and improved for public access which qualify as a Regional Destination within the Urban Central Business District (UCBD) as defined in the Miami Comprehensive Neighborhood Plan. The Use must be framed by liner buildings or civic open space meeting minimum standards of this Code. Illuminated fixtures or luminaries shall not shine directly on adjacent properties, motorists, or pedestrians. Illumination will provide visibility to the Amusement Ride and eliminate glare and intensity which might pose safety hazards to drivers or pedestrians. Devices used to attract attention such as blinking or flashing lights, streamer lights, pennants, banners, balloons, streamers, and all fluttering and spinning devices shall be prohibited. Illumination may not exceed a maximum brightness level of 0.3 foot candles above ambient light as measured at a preset distance depending on size. Measuring distance shall be calculated by taking the square root of the product of the area multiplied by one-hundred. All applicants shall provide a written certification from the manufacturer that the light intensity has been factory preset not to exceed the levels specified. Except for any FAA-required lighting, power to all lighting shall be shut off by 2 AM daily and shall remain off until 8 AM at the earliest.

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City of Miami

12, as applicable; and

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File ID: 5119 (Revision: A) Printed On: 3/19/2019

Section 6. 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 7. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word “ordinance” may be changed to “section”, “article”, or other appropriate word to accomplish such intention. Section 8. This Ordinance shall become effective ten (10) days after approval at second reading.2 APPROVED AS TO FORM AND CORRECTNESS:

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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: 5119 (Revision: A) Printed On: 3/19/2019