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5870 SW 70 ST_NEW COMM PARKING GARAGE Chu of Souni Miami INTER—OFFICE MEMORANDUM . To: Mayor and City Com sion GATE: February 16 , 1990 PROM:/Will am Ramp n SUBJECT: et fl Parking Garage/ City Ma er South Miami Station This coming Wednesday, February 21 , 1990 at 9:00 A .M. the Dade County Developmental Impact Committee will meet to review the proposed South Miami Metrorail parking garage expansion. Mayor McCann and I will be attending this informal review on behalf of the City . Should any Commissioner desire to also attend please let me know and perhaps .we. can go together. WFH: er cc: City Attorney Attachments : -Project scope ` -Dade County Ordinance - Rapid Transit Zone z (j z `:,t',. ^•�--. .-��..r' �'��----�^:rte-�-=-�;":'¢+�---`�.-:.�.�._c=.,a: .si� "^v°'ci""� _'^. ��`r.- �..'�.n'a-"°"'� •'•.";,•".._,?' 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'' .� :�C^ yr-- `p•<''t X45 -Y<^<- r� ;'+,.,.Rs* ,16� { F ..tits `tf j t y ,•}' J 1'�"F'Y<t'Q' :'S7` rh�i•C j :+•3�?��ti�'.i+yr1is: J"S.G' Sf 3� i -x_z�!�'�s`t'`'•r..-:.::",:%"• ^J' �o-:�e'X'a •'+f�:��.(��,Lty"`.3.:�.-7�. :Zy f1T 'J ::+�-Yj'+'(,w,�1`y-� _ 'r�L.:T•rt Ji1: ,•t. -^> .t -F•y.+L�•i,'�l.•t31� �x � Kr6it';x" .r Yrr�•Y :if-L _ .�d°,. --r -� .r',.} 3 -.Y.F�Yg:�jY�r):.'!:'�:yQ:L"s SSk .y Y 7-z.•y -:k=t-^c .• - � - -.7 4 �.ti '.�• a�.:CS ,4 tiE�+;%_tt. - r:/. tir..:.• •j •.F�f �••r. ;> . .y• :tt'- a!�' ^,.-taw 4. '7'n)�..,(„3 _ .. .. _ -/ :r � �- r ff c. �.����i Sx��F fi � � s y •.zs.v}i. •� � � •%:�r� _ f r of r t aV X E M O R A N D U M 'r0: Octelma Ferbeyre DATE: February 51 1990 Miami Review SUBJECT: DIC Review of ' FROM: Dean Mimms, Assistant Coordinator February 21, 1990 / evelopmental j Committee The Dade County Developmental Impact Committee will review the following application on Wednesday, February 21, 1990 at 9:00 a.m. The review will be held on the 18th floor, in conference room 3, Metro-Dade Center, located at 111 N.W. 1 Street, Miami. The application to be reviewed is as follows: 9:00 a.m. 90-67 Metropolitan Dade County Government - requesting approval of plans to construct an 8-level structure consisting of five levels of parking plus three levels of office space above the South Miami Metrorail Station Parking Garage. The project site is bounded by S.W. 70 Street on the north, S.W. 59 Place on the west, and by the existing Metrorail parking garage on the southeast; the South Miami Metrorail station is located on the northwest corner of the intersection formed by U.S. 1 and S.W. 72 Street (Sunset Drive) . The proposed five levels of parking will accommodate approximately 630 spaces; the proposed three levels of offices will provide 115,780 square feet of office space. Please publish this in the February 6, 1990 edition.' Please bill the: Dade County Developmental Impact Committee 111 N.W. First Street, Suite 1210 Miami., Florida 33128-1973 DM/jm �- »•.:-'!i.[ `7' '-,`C' .-a >•if".. ."': .... b N.....r'�...."Fa±. } M M O R A N O U A 107.07^I7A Mcm*.oms.a..,, Jorge Rodriguez, P.E. February 9 1990 TO: Director D AT E: Metro-Dade Building and Zoning Department SUBJECT: Letter of Intent/ South FROM : Miami Metrorail Station Chester E. Parking Garage Extension Director Metro-D Agency This constitutes the letter of intent for the subject project which 'is required by the code of Metropolitan Dade County, Section 33C, to be pro- cessed through the Transit Development Committee. The South Miami Metrorail Station Parking Garage presently consists of five parking levels capable of accommodating approximately 1163 vehicles. The proposed site is a triangular shaped site bounded on the north by S.W. 70th Street, on the west by S.W. 59th Place, and on the S.E. by the existing parking garage. The County is planning to construct an eight level triangular shaped structure comprising of five lower levels of parking, accommodating approximately 630 spaces, and three levels of office space above. The design of the parking garage will be based on Alternate Igo. 1, described in the enclosed Conceptual Design Report. Rental space indicated on drawing MCP-4 is for the offices. The three levels of office space will provide 115,780 square feet of net usable space, Group "G" occupancy, at 701 efficiency ratio. Application for zoning public hearing is attached. CC:dc Attachment cc: Carlos F. Bonzon, Ph.D. , P.E. Surinder S. Sahota, P.E. w000' . - • y t ` i G . y. r c ^ �L Yil�torino & am ' CONSULTING ENGINEERS, INC. ' i% 8 103$9 PROJECT NO. 663113 TABLE OF CONTENT No. Description Page No. 1. Summary and Recommendation. . . . . . . . . . . . . . . . . . . . . .1 2. Description of the project. . . . . . . . . . . . . . . . . . . . . .2 3 . Parking Garage. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 4. Traffic Flow. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 . 5. Handicap Parking. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 6. Future Office Building. . . . . . . . . . . . . . . . . . . . . . . . . . 6 7 . Provisions for Future Office Building. . . . . . . . . . .7 i 7701 S.W.62 Avenue a Miami, Florida 33143®(305)666-7277® FAX:(305)667-9723 s, scne rt SOUTH MIM MB'TRORAIL STATION PARKING GARAGE EXTENSION CONCEPTUAL DESIGN REPORT CONTRACT NO. 663113 1.0 - SUMMARY AND RBMY24ENDATIONS PARKING GARAGE A conceptual study has been conducted to determine the most appropriate - configuration and layout for the new parking garage adjacent to the existing garage at South Miami Metrorail Station. The following two alternates were considered for final comparison. Alternate No. 1 consists of a triangular shape structure with -- parking at the entire area , Drawing No. CP-2 & CP-3 . This Alternate consists of 5 levels of parking with a total of 665 -' stalls with an average of 331 .63 feet covered area per parking stall. Alternate No. 2 is also a. triangular shape structure. However the floor at the center is open to the ground at all upper levels, Drawing No. CP-7 . Alternate No. 2 also consists of 5 levels of parking with a total of 634 spaces with an average of 335.31 square feet covered area per parking space. Comparison of the covered area and cost per parking space and utilization of the land dictates that alternate number "1" should be used for final design. The structural support system will consists of 24 inch deep precast, prestressed concrete joists spaced at 8 feet 8 inches center to center, soffit beams and cast-in-place concrete columns. Exterior facia of the garage will be constructed utilizing precast reinforced concrete panels attached to the perimeter bees. The exterior aj_-�vearance of the new parking garage will match the existing. The ,iew 0xuctuse will be finished in a manner so that new and exists.ag garages appear to be one structure , at the adjoining arms. AIMM,Corksulting Engineers.Inc. _=7777 - x G f Page No. 2 Conceptual Design Deport MDC Contract 663113 Nov/29/89 FUTURE OFFICE 5IM This site is suited for an office building due to its accessibility and location. We recommend that provisions for future office sbadd be constructed as a part of this parking garage. Included in the study was the provision for future office space above the parking garage. Existing City of South Miami Zoning for this area is = zoning . This type of zoning limits the height of the baildhg to four stories or 50 feet. Also required are fifteen foot set backs from the property line, at ground level and 10 fmt at upper levels. These zoning requirements do not allow us to construct an office space above the parking garage. They also considerably reduce the land utilization for the parking 9 - However based upon the instruction of__ Surinder Sabots, yew layouts are based upon zero set -backs from the property limes and with no height limitation considerations. Three stories of ice space is considered above the 5th level of parking_ l tom of 165,400 square feet of office area could be provided. M of this area could be used under the group G occupancy of the NW. A cost estimate has been prepared to evaluate the gosaibility of constructing the provisions for future office space as part of the garage. The cost for construction of thecae provisions is estimated to be approximately $ 240,000. i U3cxt of the office space is presented_ in drawing CP-4. 2.0 - D or TUB PROJECT South Miami Netrandl station parking garage extension project, Contract Do. 6631$3, is an extension to existing Metrorail parking garage. Am garage will have 5 levels of parking and will provide 66I numbers of additional parking spaces for metrorai2 camm2em However, 32 existing parking spaces of the existing pwidmg Smage will be lost to accommodate the drive through frm tkm odsting to the new garage. Also consiftmd is the possibility of providing three stories of office spa= abm give levels of parking garage. i :J o&Mam,Consulting Engineers.Inc. r x y F p - _• ,s tt"' �.-"S,ry�r.�s.0 .- '� t ;_- - 7 � ?'r'� i •!". aary f c*"{• s t'.' a I"r- : '`�`µ^fur , ,V f- tS Page No. 3 Conceptual Design Report MDC Contract 663113 Nov/29/89 3.0 - PARKING GARUM Existing site is situated on a triangular shape site bounded by SW 70th Street to the North and SW 59th place to the west. I The shape of this site reduces the land utilization efficiency ratio as compared to a rectangular or square site. Various layouts for the parking garage were prepared to find out the best alternate considering the traffic flow, adaptability for future office use and covered area per. parking space. Among all the alternates considered, two were found to be worth presenting. Alternate No. 1 Triangular shape floor covering the entire area from property lines to 6 feet from the existing garage. DWG No. CP-2 & CP-3. - - a F. � 10- Alternate No. 2 - Triangular shape from property line to 6 feet from existing garage with central area open similar to an atrium. Drawing No. CP-7. COMPARISON The goal is to obtain the maximum number of parking spaces with minimum covered area per parking space ratio.. Alternate No. 1 Alternate No. 2 - Total covered area. . . . . . . . . . . .220,532 SF 212,588 SF - No. of parking spaces. . . . . . . . .665 634 - Square feet of covered area. . .331.63 SF 335.31 SF per stall - Cost per parking space @ . . . . . .$6,964.00 $7,042.00 * $ 21.00 per-square foot covered area construction cost. * This figure is chosen only for comparison purposes PEdMdno&AICML Consulting Engineers.lrw- IMT 6w cf a.7mYni�'�„�•t _ � -§f ° V C> 3 .-v'�"' ,+r.-0$"•s•'x'' hu j L9 kor f ¢° �„'z'*'r z j.. #. .fs.zF^srdeta` 2 � R b• >,� _ l i'^ r y^ `§ ..r - a . lS-`Y ay� �yk ��. - _ • - t ,��j'c�-' ,:. Yc�',u,'fxsh -��:r.r'.z-,e ' �s s -.s P . ' - — - - � y ' { 7 v z �.5� •.�-d- ti "7�+w.� � . i.�E� C w-. s ""L a P a j a hrr s t � t � d �9 en. e ti stl ry<�'Itr�'4 a,S 7 � R G Page No. 4 Conceptual Design Report MDC Contract 663113 Nov/29/89 ADVANTAGES FOR ALTIMNATE N0. 1 1. Total number of parking spaces is larger 2. Maximum utilization of land. 3. Total construction cost based upon $ 21.00 per square foot is $ 4,631,000 for Alternate No. 1 and $ 4, 464,000 for alternate No. 2. Alternate No. 1 provides 28 additional parking spaces for $- 167,000 E- $ 5,964.29. per parking space. Therefore this configuration allows us to gain additional parking spaces at a cost which is less than the cost per parking space of alternate No. 2. 4. Provides more open area for future office lobby and elevators lst level. Considering the advantages of the alternate No. 1, we recommend that alternate No. 1 be used for final layout of the new garage. Alternate Ho. 1 Street access to the garage is from the entrance with additional toll collection Mouths located at S.W. 70th Street through the existing garage. Exit will be at S.W. 59th Place and also at S.W. 70th Street. The new garage will be connected to the existing garage at the south east and south west sides through ramps at each level. The new parking garage will feature on exposed architectural concrete finish at interior and exterior. Exterior facia will be such that the existing and new garage will appear to be one structure.. At the existing prjfr.ing garage planters have been provided at the exterior* facia pk .��s at all levels. However, no live plants are present in these planter s . We propose that new garage have same exterior paael ap. earance but_no...provision .will be made for planters. s s'>Zrin'O AIooM,Consulting Engineers.Inc. L t r t Page No. 5 Conceptual Design Report MDC Contract 663113 Nov/29/89 Vertical pedestrian circulation between parking levels is served by a bank of 2 elevators located in the center of the parking garage. One elevator will be added in the future to serve the office. A walkway will be provided from the elevator bank to the Metro-Rail station at lst level. 4.0 - TRAFFIC FLOE Various alternates for traffic flow were studied, with and without an office an the top. Emphasis was given to have the flexibility to make changes , if so desired in the future. Following possibilities were considered. 1. Toll payment at entrance - all -entrance at one location. 2. Toll payment at exit 3. Provisions for card key holder's entrance 4. Provisions for isolating new parking garage for new office building, completely or partially. Based upon these considerations the traffic flow as shown in dwg. No. CP-2 and CP-6 is proposed. This configuration could be changed to toll collection at exit with few modification. It also allows us to isolate the new parking garage completely or partially for the new office building. r� HANk?ICAP PAMMS .► . 3 S CZ 50 . The new garage req»lires 12 dedicated handicap parking spaces. '-The- -existing parking - garage- -hag- 10 handicap spaces- -at- ground level. We recomend that existing regular parking spaces in existing parking Garage, located at South Side at first level, be converted into handicap spaces to meet the code requirement. In future if an office is constructed on top of the parking garage, it will reqmre handicap parking spaces. The full size parking spaces located at North side at ground floor level could be converted into handicap parking spaces for the office. r - Piamino,&Alaun,consulting Engineers,Inc. igi en 1Z, — - -• _ ---"'y,. .tit�v -�-'-`-- c . .:c. a ,:�rry,.aa.,..�..`G-c-IT-�- -z '"'�.'_�' � .��ry�z �tcL; _ q-.. i Page No. 6 Conceptual Design Report MDC Contract 663113 Nov/29/89 6.0 - FUTURE OFFICB BUILDING The construction of the provisions for a future office building as a part of the parking garage was also studied.Three_stories of office building Will provide a total of 165,400 square _feet of office space, with 70% efficiency ratio '('115- 780--g--.f t. of space) will—be-usable office space of group "G" occupancy as per S.F.B.C. This size of office space will require 413 numbers of dedicated parking spaces. However this number is subject to negotiation based upon the accessibility to the. -office building by Metrorail. A layout of the means of egress and elevator lobby is shown on drawing CP-4 . The stairs located at Southwest side will be extended to new office floors and at the East side, one new stairwell will be provided as a required mean of egress. The building will consist of a concrete structure of 8 stories, 5 parking levels at bottom and 3 office levels at the top. The exterior skin at the parking levels will be precast concrete panels giving way to an energy efficient glass curtain wall at the office levels. Elevators and stairs located in an atrium lobby at the North West corner of the Building will provide major vertical circulation from the street level to the office. levels. as well as all parking levels. Concrete stairs located in each corner of the' triangular building provide emergency escape from all levels. 7.0 - PROVISION FOR FUTURE OFFICE BUILDING Following items will have to be constructed as part of the new parking garage construction to accommodate the future office building. Pishvino&Alcrm,Consulting Engineers,Inc. .+�n'�'�'"`y{;•`"'3't.''-..T.+.--RC.-;-. .s�Y'3"��*'^'�''`+..h-..e-C �s.c^- �1 N''<'' �' .d'" f+ �' r r s,{- _.ntx,..'°.t-•5�._._.r.'bv a s--z:x''.'..:_..<e.w,-f+,."r.e�'r:rY..rx" �i-x.•:-*:'''ri'.?y'4?f ta.G r'+•_t A��,A a{.:.z,n„_,¢r N`ti tr�.Ly y'?rA T.3 a .H r, v�i1 y i�ti .f✓t ��i.R�;o;�i id>,i-'0; Y°�{a�S”'y i�'ai t,`.S a•5yy{>b t; it�"-frst.,'r; .n{Er.'>`"`d r4 ' .�.`f il S k-,r.n.�-K�t ���,��3'?"'`y'eey'N::J"s s.�r'�r•:a�r^.;i t�„.F�p'{7'*j_ j " :+ ! p :-^K s. r -t•�,.-T3 -� �v �- �� r 4 s.�• - `b 'F'"�' �s dja•L;�� 7"-Ji v`�����jh • ..< i .M. L ;^�z3'+. _: �.GI � 1-.. F' �y t -i Y r 'P 3'` rl sari... -r t .<'I--'z •i, ••C:e,. .>x .[i""'d.i i •7g�' aar--T,. µ•u+'7, a r wP mss, yj rr'tp-u1' .t .=,' `=, d:-°+?y•_:.':\, i+r,,, ,vy _ _ y < `y4.,,: .yT�ri7+ �.•s•( '$ g"r a - T. - �£; sat .a'R 'f.-v t1 y �.F_ ez _y ,,.,n iYir __f _ !a�.k•' ; ti.+•-fir d�?a lry� a' µt dt r,-.. ape, 1.t i x +.. "' - - - r F .7 ..L` •'t- wt3 j c s,,�-s, r 4 2 z .e" "�1 r s - - msµ.<•` F rt Frj ff ♦ r y t -!t+ 1 4 r - .r. 'a�t' ° r •�-''±y tl`• e?r,.p 'r� �f. y.z t rte'. S' ':l' -:F - z (.,-ir y., `' 'r 1 +'•!• rN< C S 3 - ( jam" t - .. .. r - x, -?} .r.C..F✓, � ••c Y^' ?}F/ • ._ �3. - :ems._•.. q d r ,f,�yS�, Page No. 7 Conceptual Design Report MDC Contract 663113 Nov/29/89 DESCRIPTION COST ARCHITECTURAL 1. At Northwest corner of the property an open. . . . . . . .$ 0 space will be provided to accommodate lobby and two elevators for future office . However during construction of Parking garage, landscaping will be provided at this corner. STRUCTURAL 1. Foundation and columns will be sized for. . . . . . . . . . .$ 148,000 additional loads due to office floors. 2. Foundation for two future elevators & lobby. . . . . . .$ 6,000 .'' at Northwest corner. 3. One additional elevator core adjacent to two. . . . . . .$ 18,000 parking garage elevators. 4. Columns will be extended at roof levels to. . . . . . .$ 24,500 provide stubs for future columns. 5. Foundation for the additional stairs at. . . : . . .$ 1, 500 Northeast side to provide required means of egress for future office. 6. The stairs at Southwest side will be. . . . . . .$ 150 designed to accommodate the future extension to the office floors , therefore the foundation will be larger. 7. Third elevator is required adjacent to 2. . . . . . .$ 0 elevators. The construction of elevator core as part of the parking garage causes reduction of 5 parking spaces. 8. Foundation for future F. P. & L. Co. Vault. . . . . . . . .$ 18,000 t Porino&Alcm4,Consulting Engineers,Inc. '��d�lE�+ P ° '+r�>...Y t^�- tcr'�-#.. -�-�`:�.y" _t.�.-_•--•�.-�o.a'�v��� ...��-w,+•- - .�-n"'x -s-ar�*--`-�---.a.-.'.�"_ ' ,-rm ,,,. � ., .,� - .,.4rF a .,L'�.�✓. - .s '. :` - '4 r 1 .yam.f; 4 x� �� 4 � t ..i { 4 Page No. 8 Conceptual Design Report MDC Contract 663113 Nov/29/89 CIVIL 1. Provisions for extension of the storm. . . . . . . . . .$ 500 drainage system to the of f ice roof level. (MECHANICAL 1. A minimum length of 6 inch diameter f ire. . . . . . .$ 500 water line will be stubbed into the anticipated future fire pump location. This �- provision is based upon the future distribution from the fire pump being exposed overhead in the parking garage. No main water line tap, detector check valve, P.I .V. , fire department connection, etc. will be provided in the initial construction. 2. Sanitary waste piping will be provided under. . . . . . .$ 9,200 the first floor slab from a point outside to five stub up locations at columns . All future water and vent piping will be core drilled through slabs and installed exposed in the parking garage 3. The domestic water piping from the . . . . . . .$ 5,500 outside main into the building and to a point above the first floor slab will be sized to i=lmde the future office floors. Future extension of this system will be core drilled tknogh' slabs and installed exposed in the parkin garage Morino&Alamo Consulting Engineers,Inc. '."' - aY r .r_. s-,..n'' Yt-' ' ."' F s r_ s -. .y > .A-r -•- r » a c�C'sx a z« 4ic s s T. t pqi vx fi * s"t t: R �Yyr'r. T�' ^'k i,.�,• s - ; aS•,� t „�j{,, z s c r .-} �, "t i•'+_�"' .7' a°" •t. .r. t','. Cyg_ i ,!rc 7a s�ha ; r p a sc > It,.,, nf - - _. 4�f'�_ e-_t�r4n:r.,- x'k' 43.1 � �.f� >• _ aa"�_ } T7'A ;`i � "� _�r'Yt�Z,. �'. ..^a, # �-' - - a ; k r• z - i. y t ,� ♦ ' +* 'fit ti: - 5. IQ F r04 G. Page No. 9 Conceptual Design Report MDC Contract 663113 Nov/29/89 ELECTRICAL 1. Allocated space for F.P. & L. Co. Vault with. . . . . .$ 2,500 6-way 4" duct bank stubbed to outside. 2. Stub from telepone room to property line. . . . . .$ 51000 for telephone se vice, 4-way 4" 3. Allocated space for future engine/generator. . . . . . . .$ 0 (Already included) 4. Raceway for future distribution for normal. . . . . . .$ 0 electric, emergency electric and telephone will be exposed in the garage and will rise on the perimeter of the garage through future "cored' openings . 5. Space will be allocated for future firemen's. . . . . . .$ 0 control room. 6. Up-grading of the fire alarm system in the. . . . . . .$ 0 garage area due to increased building height will be done through future installed devices with smrface mounted raceway and devices in gate.,z area Item No. 3 is 6 of electrical can be accomplished dusting the construction of the office building§, therefore no cost during the parking garcge construction phase Total Cost........ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 239,350 This report is based upon the preliminary data available to us at present. Nothing im this report should be construed directly or A—Y. - i"'2^C�?[^.••_._ ..,.yar.�¢.wvlfw..*s ,xeK..4.zua'.='.t.s0�. e,ono Alm,Consulting Engineers,Inc. Page No. 10 Conceptual Design Report MDC Contract 663113 Nov/29/89 indirectly, as a guarantee for any portion of the report. To the best of our knowledge and ability, this report represents an accurate appraisal of given conditions, to the extent reasonably possible. Respectfully submitted PIS�TORINO b ALAM, CONSULTING ENGINEERS, INC. zz- Nasir am Project Manager jj. November 29, 1989 t: Pidwino&AICEM,Consulting Engineers.Inc. 717' t . .,i _�_'"i ��,_ rraPd^' °d- �L::+„ Mty.E•l-.Z a+La:` Al",,��r 'r •;•. _ :- MF -'t +t-F'. r t t' ..^. •• v"71'.a'" +..-'h`Y a tr� 'kf,._ .dF'f 4s��.��M y.� ts� l z'�.1"'-rf wl'°'+'S '•.-�:y�n.�. lJ'c .h T r+ . .y& .� �,sy�q.9r, �• •��H�,,,,�.�7Jt�.� _ �ryx.4���•.�Jt ic.. • s.� ''„a '),.`�` ¢ � r r s,a- �"t.'��+,��3�j� .cr'•Sri �. s?�11`yt-,rl�,�c_x,a, ti4' + . �.>*.- Y r. ? GY�Y•� ;�!' .ate # + vt p °'t r .•f.r. -s C ./�':•r A�j Ea.a .1 yrt.V+. x hZ` i rJ gy` ' 'm s Vii rYn t ,'f e • - r< no �•< u E ` tpf Cb t%iKvrULLL" UAUG %.UUNii PLEASE FURNISH FOLIO NUMBER Sec. 25 Tup• 54 Rge. 40 Date received Stamp PLEASE T"ti'E OR PRINT LEGIBLY, IN INK, ALL INFOMWION ON APPLICATION. 1. Name of Applicant METRO DADE TRANSIT AGENCY a. if applicant is owner, give name exactly as recorded on deed. b. if applicant is lessee, attach copy of lease and Owner's Sworn-to-Consent form. c. if applicant is corporation, partnership, limited partnership, or trustee, a separate Disclosure of Interest form must be completed. !failing Address City State Zip Tel.# (during working hours) • 2. Name of property Owner Metro Dade County (GSA R/E MGMT) Mailing Address City State Zip Tel. # (during working hours) • 3. Contact Person Surinder S Sahota Mailing Address 111 NW. First Street, Suite 1510 City State Zip Tel. # (during working hours) 375-4504 4. LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION. a. if suMvided, provide lot, block, complete name of subdivision, plat book and page number. b. if men and bounds description, provide complete description, including section, township and range. c. submit six (6) copies of a survey, if property is odd-shaped (1' to 300' scale). d. if saWate requests apply to different areas, provide the legal descriptim of each area covered by a separate request. ATTACHED 5. Address cc location of subject property: South Miami 6. Size of arty: ft. X ft. Acres =5.836 Acres 7. Date &&Itct property acquired ( ) or leased ( ) day of 19 Term of lease years/months. 8. , Does property owner own contigous property to the subject property? If so, give caqplete legal description of entire contiguous property. NO 9. Is there an option to purchase ( ) or lease ( ) the subject Property or Property contiguous thereto? ( ) Yes or (x) no If yes, who are the potential purchasers or lessees? . 10. Present zoning classification(s): 11. REQUEST COVERED UNDER THIS APPLICATION: Please check the appropriate.box and give a brief description of the nature of the request in the space provided. O District Boundary Change (s): Zone classifications requested ( ) Unusual Use s (x) Use Variance ( ) Non-Use Variance ( ) Special Emotion ( ) Modification.of previous resolution/plan 12. Has a public hearing been held on this property within the last year? If yes, applicant's name NO Date of hearing Nature of hearing Decision of hearing Resolution # 13. Is this hang being requested as a result of a violation notice? ( ) yes (x)no �- If yes, give name to w[m violation notice was served Nature of Halation 14. Are there awl existing structures on the property? (x) yes ( ) no It yes, liiefly describe 15. Is there any existing use on the property? ( )yes ( )no If yes, amt is the use and when was it established? Use Established OWNER OR TENANT AFFIDAVIT I, 4 A /j! {-O J 1-6ing first duly sworn, depose and say that I am the owner tenant of the property described and which is the subject matter of the proposed hearing; that all the answers to the questions in this k application, and all sketch data and other supplementary matter attached to and made a- part of the application are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. IMX-Maw &-2, Signatu o Sworn to and subscribed to before me �4_ this _�)L day of 19 '/ ' �, ''t( '' � k4'� 1 Notary Public Commission Expires: CORPORATION AFFIDAVIT We, _ being first duly sworn depose and say that we are the President/Vice-Presdent, and Secretary/Asst. Secretary of the aforesaid corporation, and as such, have been authorized by the corporation to file this application for public hearing; that all answers to the questions in said application and all sketches, data and other supplementary matter attached to and made a part of this application are honest and true to the best of our knowledge and belief; that said corporation is the owner/tenant of the property described herein and which is the subject matter of the proposed hearing. Me .understand this application must be complete and accurate before a hearing can be advertised. President's Signature (Corp. Seal) ATTEST: Secretary's Signature Sworn to and subscribed to before me this day of 19 Notary Public Commission Expires PARTNERSHIP AFFIDAVIT We, the undersigned, being first duly sworn depose and say that we are , partners of the herein after named partnership, and as such, have been authorized to file this application for a public hearing; that all answers to the questions in said application and all sketches, data, and other supplementary matter attached to and made a part of this application are honest and true to the best of our knowledge and belief; that said partnership is the ower/tenant of the property described herein which is the subject matter of M& proposed hearing. We ' understand this application must be complete and accurate before a hearing can he advertised. (Name of Partnership) By x By x By _ - - X By x Sworn to ad subscribed to before me this _ day of 19 Notary Public Commission Expires TORNEY-A-filOR' IL i0'****>4*$*�i`c *itikfaik*i4�Pc4t,l efia#�.�kas•�'nw•4•'i,':°.Sd.,y�AE,t*'ifs*ii�h'!4*!t#4kks lit*ta*'kdfr*'�*tt�s*s��trY. aS��?= •:-- -- - I, __ being first duly sworn, depose and say that I am a State of Fier ida Attorney at Law, and 1 am the Attorney for the Owner: of the property described and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketch data and other • lementary matter attached and made a part of this application i are honest a d true to the the best of my knowledge and belief. I understand j this application must be complete and accurate before a hearing can be ad vertised_ +~ Signature Sworn to ad subscribed to before me _ this of _, 19 _ Notary Pub c Commission Expires ,. ...-. ._ ........, _ .- .. - _ . .......... .......... "all 1 . 6�P" .......... 4p Z P., IMI Mmft, �vu ggm�, fl, UM 'T IC. - I s � li j iIMA ol 54, . ...... ...... qt gr All M, T5 MA 3KW ax, AR Mg G. PUBLIC VALUE INQUIRY w w r'rXMU 1 is o 3LI0 09 4025 000 0951 PROP ADDR MCD .0900 NAME AND LEGAL VALUE HISTORY ODE COUNTY-- YEAR 1985 1986 03/01/88 SA R/E MGMT - MDTA USER LAND Z1 NW ST STE 246 BLDG IAMI FL TOTAL 49960061 52834054 33128 HEX �L THAT PORTION OF METRO RAIL WVD YG WITHIN THE BDRY OF THE CITY TOTEX 49960061 T 52834054 T. F SOUTH MIAMI NONEX CO NE STATE EXEMPT: COUNTY �- SALE AMT SALE DATE SALE O/R SALE TYPE F1—MORE LEGAL PF2—PARCEL INFO PF3—FOLIO SEARCH PF5—TAX COLL PF8—MENU * * * * LEGAL DESCRIPTION * * * * PTXM0181 . FOLIO NUMBER: 09 4025 .000 0951 PROPERTY ADDRESS: LEGAL DESCRIPTION: 01 ALL THAT PORTION OF METRO RAIL 02 LYG WITHIN THE BDRY OF THE CITY 03 OF SOUTH MIAMI NTF,P°°� T.TTF Tr MT Pp'l-'M()7 L.24GAL . L .y� ivrvt .CiON HAS BEEN DISPLAYED **'� s r _ F OWNERSHIP AFFIDAVIT INDIVIDUAL (FEE OWNER) t I' being first duly sworn, depose and say that I he egal owner of record of the property described and which is the subject of the proposed 'hearing. THIS AFFIDAVIT IS SUBJECT TO PENALTIES OP LAW (PERJURY) AND TO POSSIBLE VOIDING OF ANY ZONING ACTION GRANTED AT A .PUBLIC HEARING. A t A-A I X 6W/ (S ignat e Sworn to and subscribed before me, this day of t,(,t- , 19 _ y My Comission EBpLres S 80TARY PUBLIC STATE OF FLORIDA NY COrJTSSIOrl E.P. APR. 2,1990 8OHOE0 IHRU GENERAL IRS. U�D, PLEASE FURNISH FOLIO NUMBER P. B. File 80. Sec. 24 Twp. 5_4 Rge. 40 Processor Date: ZAB CC TO BE FILLED OUT BY APPLICANT: (Please Print) 1. Name of applicant (Property Owner or Lessee with Owner's Sworn-to-Consent). METRO DADE TRANSIT AGENCY 2. LEGAL DESCEIPM OF THE P80PERTY COQEBED BY THE APPLICATION a. if subdivided, provide lot, block, complete name of subdivision, plat book and page number. b. if mates and bounds description, provide complete description, (including section, township, and range). c. submit a copy of a survey if property is odd-shaped (1" to 300' scale). d. if separate requests apply to different areas, provide the legal description of each area covered by a separate request. ATTACHED- ,, 3. Address or location of subject property: South Miami Metrorail 4. Sire sf property: ft. I ft. Acres _5.836 Acres 5. Date subject I pmperty acquired ( ) or leased ( ) day of 14 'fern of lease years/months. xrs t.:��c:,., .p• ,;. . to i 4YBItlEi operty to the subjec. P1 uVigr`y . is so, give conFlete legal description of entire c ontiguous property. NO � e C=m or mm I, AIClURD !. MUM, Clerk of Un Circuit Court in an! for Dade qty, Rorida, sad =s-officio Clerk of tee sma of County . Cogstssioners of •Sid Canty, DD OWIrf CINDY flat tee Stove and ramping Is S true cad correct an of O1kDZ9lAltCL a am= (s) of Coin of Dade County, plaids, as Alp er$ of reeoed. -oaDlD"= NO. &71, –, "opted by the "M Hoard of County Coasisgioasrs at its s OW4 egld an October 17 ?Ae effeetivS•date of this CMDZW(X is: October 27.12n �rrloa (s) of O= of Dads County, norlds. oa (a) WORTS is full fora sad effect as of: V• m VZTWB WWOT, I lave bersunto set sk► easel sad official goal as this dry of tech A.D. 19 79 . aTClWtD 1. Z'i VKM, ft-Officio Clark board of County Comissieoers ride Cmt�1r, flaelda valutr Clark $t GGt�i� o-'OeI ' 1a or o�nr I DADIT off, na$s yir.•y��•�'yZFt�t�e���.- '�,s�'' `a,�.�r�-•�._a'•s '+.,- - >���c^,�-.�...•-;a..�?s„`;e'er;=,`'�r:;. ;.i.�� r:er ' e� '`GS,3,-`^•4.!'-�'r-�'`' S t- F+i:- ri! :r -L-:�T.'• :CI-'•' y'.%°>P -�i+' .4}_r Zak=. f- _',„` �L.� x�'>r'?_: �.*�'p:`-•T' `�_` ..,•=w ^;`','' r'•C. 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Syr!, 1 •+- yy��yx l�',`�r4�'�?•� r�eu'1_.2•'� Y� '� ti -/ :�.:es'�YT..,�.�ul.��.���•:-� /'� .c- y X �z.�' ��'_�.,_ :��-•V' ��- _ _ S -� � a S .'.'� > "r,�tY. -r'i'm ;'iR_`n�•. -! :S°`�"r:•, -r3�Z y�rf.�'�.y .(. .'`"a�•a .� ••:'^:gy l.••fi_5'?.. .r •5.�- :fr,;.'�y }-:�'7F$'f7a � -t r. � �!'� G7 ,r.;,, K., ����.r': �ifc t vi�.`�y,.-��-�( �: • '-k.' r, �Sa's-�k r. - :� /•/_,,, GGx3.rs E kt.' et',ft. . . _ -- ,.s:]^:t:c�.:e-�> >„� k`. . G- �°. �� y >” r2. rr. y'.,;a.;t z.r:fL3� {i- � =,a••a,��.� $ K r. .,;` -.N' �`..fits{ .a. 4,A -•4 r. s,..,�;;.;t,`••+ .i3•P`.{- t .3• ,.c AWi f i � .} x �'r �� i s .. w $ tae�f.rr�•' r� � f S`c /-k• � .r., -, '�yqf. . - _f �i- }'r.' 6. 'w_S tY.! r �h°•.� r �y �'r.1• S�J� ,',. '� lam r�y1!s'^ rt>'t.-.E.• _ c n. y s+4.- r t -rsar'3 •r �i a r. 't.F,x,�t+"�� rf�� kx; * Arwnded Alternate Agenda Item No. I le) ORDINANCE N0. 71-71 OIIDINANCt RELATING TO FIXED GUIDEWAY RAPID TRANSIT SVSTtN: ENACTING CHAPTER 33C OF THE CODE OF 4tTROPOLITAN DADE COUNTY, FLORIDA, ENTITLED FIXED GUIDEWAY RAPID TRMNSIT SYSTEM - 48MOV4201 I Mlt VOMOIN0 LSGIRATIM tMliN►. Mess AMID PURPOSM 01WIMINS AM 105OHOWSW A MPtD TRANSIT S01It P V3*=* POMI 004101MON OVER RAPID TNIIMfIT somh 29WIMNS >fiis MAUTTED VIM SWID TRANSIT DOW dMIMIAlMilR py"TONOt SwOViD f7a A Sii1R0 T16><11iIT Wii�011tlR 304" was SNSttIBd" fdt WZIWAW AiSTWIS SONS AND W MiNS SAM s Z!tACTING DIVISION S (COMMERCIAL SIGNS ON RAPID TRANSIT SYSTEM RIGHT-OF-WAY) of ARTICLE VI (SI4Ns) OF CRAFTER 33 OF THE CODE OF VTROPOLITAN DADE COURM PROVIDING KTINITIONSt PROVIDING APPLUARTLIft; PROVIDINS M PAOMiltTION W !sans = >rsvrwM_1aW minsm see nn Or A mpl0 "JutsIT SVSTSN RIM?-Or-M1T1 t PROVIDING EXCEPTIONS: PROVIDING FOR AMORTIZATION OF NONCONFORMING SIGNS: PROVIDING FOR VARIANCISt PROVIDING PENALTItit PROVIDING REPEAT. CLAUStt PROVIDING SEVERABILITY1 PROVIDING INCLUSION IN THZ CODtt AND PROVIDING AN EFFECTIVE DATE It IT ORDAINSED by THE BOARD OF COUNTY CMISSIONERS OF DAD& COUNTY, FLORIDA: Section is Chapter SIC of the Code of Metropolitan Dade County, Florida, is hereby enacted as follows: CHAPTER 33C FIXED RUIDtWAY RAPID TRANSIT SYSTEM - DEVELOP!ZNT SOME See. 33C-1. Legislative intent, findings and purposes. The board of County Commissioners for Metropolitan Dade County, Florida, hereby declares and finds that the uncoordinated use of lands vithin the county threatens the ordirly development and the heait , safety, order, eonvenienee, prosperity and velfare of the present and future citizens of this county. Pursuant to Ordinance No. 75-22, the board adopted and accepted the Comprehensive Development Halter Plan for Metropolitan Dade County whereby it specifically declared that it vas the continuing policy of Metropolitan Dade County, In cooperation with federal, state, regional and local governments, and other concerned public and private organisations, to use all reasonable swans and measures to: a) foster and promote the general velfaret b) to create and maintain conditions, under which man and bature can exist in productive harmnyt and e) to fill the social, economic and other requirements of the present and future generations of citizens of Metropolitan Dade County, Florida. The board further found that the Wn - y7ry. .t r b +sue 'r + Amended Alternate Agenda ttew No. ? (af page No. 2 Calssmaive Development darter plan was enacted to &sun ds all people of Dade county an attempt to crests safe, Malthful, productive and aesthetically aid�seliy pleasing snrroustdingss to attain the ssidZSt no" of beneficial uses of the environment witbm aeteasonable degradation, risk to the health or saf V,w other undesirable and unintended consequences, to poes+s important historic, cultural and natural aspasset our national beritagem to maintain, %**rover OR environment which supports diversity and verbalef individual choicer to achieve a bolas" gspniation and resource which will permait the hip R1 a :ds of living and a wide shasinq of life's and to enhance the quality of renewal resources mad vapwa the maximum attainable recycling of depletabla resestow in furtherance of these 90419 and objectives, Us Mmg finds that the coordinated review and analysis of ita m transit facilities is necessary to carry os a e metropolitan government in Dade County. Vla4ft Coordinated review and analysis of the mass tzaaftlystan is susceptible to, and would be most otimbAy carried on under, a uniforaa plan of regulation anUmMe to the county as a whole. The planning of *agar emportation facilities, combined with other Alas ntation tools, can be effectively used in asocial, economic, and environmental needs and Is a major influence on metropolitan development VC1tWWgnd life styles. The capability of a transportation i nelmazt, acting in conjunction with other urban services to cr-nnich general development trends, is well recognised. A coordination of transportation and land use poik7 mrisions is therefore essential to optimize the rats et transportation as a potent tool for implementing tan mad patterns of metropolitan development. , �r me Swd further finds that the Stage 2 fixed qmE2vWRBpid Transit System has, since 1973, undergone asamuts planning, review, analysis, and engineering ftzW9Mbrts. The Stage 2 system has received design empama frost both the Federal and State governments as b M the process of final design, procurement and activities. The Stage i system, including pmjaza improvements is other forms of surface transportation f represents a concerted, coordinated effort to f sot only the transportation facilities � County, but the overall quality of life c*WAft citisens of and visitors to Dade County. the Stage 2 system represents one of the I1pblie works projects ever undertaken in Dade CMEC302 the southeastern United States. As wcb. tb 1 fixed guideway Rapid Transit Systems may �b¢4anad, engineered, implemented, and administered cs a -aide basis, in a manner which wills (a) E=,vr )L=, Lnua opportunities for developsmen6 to serve es sl esslotence to the system, and (b) provide for joint dmvelopmont with the private C—Z= ,rr�.� .y�...vas--�� ���a'�^4✓•,?'��u��'.w..�.,'� '��7"S,•R,.�-nt-si�--.+'—�' - r"SV:t +'wry s�-..�-3, .. F x_��� - n -�...�! z�3 --> a+'r• � S [ L [. !� 4 ax f�5. a 5, - � siit4t f 'td - 'Y' ''",.�-_ �-' - L MY., } � - -�� X�° � � ti rr 5 a c. .�i S'°r��1,� �i •; ��,�.'iii 1� S4� f rc t .' .s -♦. . .fl � .7'Y'"`z ti' Y't �Y.,; - ;.•�2 - � ,[.t,'}r- � f_^�' � -.� i .-i�"'''�.�x�Sli.► • 4� - t � ,, `t T��`Y'9�-.fir nC',r r, ..• w -r n -4-r.l - { _ .,i-����vtx� .N'�i a-. . s J �_. 1 vx T }.< .+,r is - c x• .Y ^;- � ,.;�- ,��'li,( Amended Alternate Agenda Item No. 2 (a) Fag* No. 3 sec. 33C-2. Rapid Transit tone. A. octinition: Mr 00041 Transit 1000 eensists Of all 3aaT i. *eltitifrf sWtaoes subsorfacos and awwrtesant airspace, u►foro of h avoetter designated by Use hleard of 00111047 issionere as Necessary for aw Wats`ihies of this fixed guideway Portion sf this Stage I - fraRait. . . fNS1�Mis* 1033 station' S. Designation of Rapid Transit Zone: The 5"rd of County ommissioner$ BOK*DY designate;_all land areas (including surface, subsurface, and appurtenant air- xp&ce) shown on Sxhibits 1 through 17, certified by the Clerk of this board as a portion of this ordinance, incorporated hereby by reference, and transmitted to the custody of the building and Zoning Department, as the Rapid Transit lone for the Stage I fixed guideway Rapid Transit System. �_ till.Dome COMW ldi llAiM ►see"t Most t sea:? tbe no �Y two to time bi`a a'3ter". eraissgsd. adds( to, ame"" ss' Mated by ""*Mee, after a die bwiNE VOUS *US hieiSality aft. C. Jurisdiction Over Rapid Transit Zone: Jurisdiction for purposes a —building an zoning approvals (including, but not limited to, site plan approvals, issuance of building permits. building inspections, compliance with tho South Florida building Code, issuance of certificates of occupancy, zoning applications, special exceptions. variances. district "undary changes, building and/or zoning moratoria. and all other types of functions typically performed by building and/or zoning departments) . water and sever installations, compliance with environmental regulations, street maintenance (including sidewalks where applicable) and utility regulation. all of which relate to the uses specifically delineated in subparagraph D below, shall be and are hereby vested in metropolitan Dade C r i any municipal o e. charter, or ordinance provisions o D. permitted Land Uses in Rapid Transit Zones The follovang an uses are permitted within the Rapid Transit Sono and no otherso 1. Fixed guideways for the Rapid Transit System. 2. Stations for the Rapid Transit System, including such uses as pasaonger platforms and waiting areas, ticket and information booths, restrooma, utility rooms, in-station advertising displays, stairs, elevators. walkways. and other similar uses as are necessary for the proper functioning of a Rapid Transit station. 3. parking lots and parklA structures. !. bus stops and shelters. S. Streets and sidewalks. 6. maintenance facilities for the Rapid Transit System, including yard and shops, and associated tracks and facilities. p, Y'�_�-c �;-r- t--..-,+..,C---,-r �- "fr- ��-'�- --`'�-"-T--'---.-., an•2-t,�, `� _ t• , t Ammm:ndad Alternate Agenda item go. 2 cal Page No. t 1, escaping. t. ltkarays, parks, community gardening, playgrounds, power substatlsms and other use$ necessary for the cmetructies, operation and maintenance of the Rapid Traasit fystM S. W throb *that uses, including commercial, offlos aai ssddential uses, as may be appropriate to and compatible with the operation of the Rapid Transit System air so convenience of the ridership thereof. fill GMs' $fist- 7r/seetlM Kl t2ao�w .s ale i[klltfl ptt�iOefis W �ltse±iilii WMICIP421ties, film. . e* ltsdt .4 asr a", -f` "CA Proaqwc . � s t � MUM WW%PV%WM* WO Vii.. sse ice.: 1 a p is actions involving or affectisei bad use or development, including action on applicstim gar zoning relief. Amendments to said master land use plan shall be subject to the procedures specified is this siftaraaraph. it shall be the duty of the Clerk of the saatd of Caotq Commissioners to ismediately transmit to the relovast msmmmicipality a certified copy of the County Cmaission•s action in regard to the uses provided for is this smmt,,aeagraph. The-suaicipali tlfkludieial Z: revi� �bunix C�isaion coon in seems—dai�e } tiisti'JP75. Didd'1onn ode. flit) Ift was provided in this subparagraph shall, where appliaMe, be subject to municipal ordinances relating is astmpational license taxes and such taxes be and tMW ass hereby expressly reserved to such , s+asicipalitias. V� L WoLim Land Uses Within the Rapid Transit Zone: All I cz= included a section witnift tne land Tram Bone upon which uses other than those speeifisd is mstasection D of this section were authorized or psrmittad prior to the effective date of this section may be Mo as follows: 1. 1da4 structures. All existing buildings or strvctsras sli uses tot which building permits bare slresd�r Man issued prior to the effective date of this artidls and which have complied with the applicable pmIsissa of ulnae South Florida tuilding Code, may be cnazisemi er emastructed in accordance with the approved Vim end upcifications therefor. Alterations, improve- c+asas. er sxpions of existing structures shall be acct to t2is provisions of subsection 2 hereof. 2. M cahor lands. No applications for *lie or plan app os uilding permits shall be issued tot ow flies within the Rapid Transit Zone except to circumstances: fat Ca estimated construction cost does not erzoA 6MM in any consecutive two-year periods or . _ f .,'•. K -ter t - r �: '( �r r ..1-s fi�� ':. � _ �z`�'�c,`._,a fv;. �, : - - .. - -.. yg.t't�X' p w #�'i ; .. �f y,er ,i` s {�•< k � f�• y�X' . _ - _ o. ,ter ..t ¢ •rti _ ..x.. .'� ,a .xt,+��rskw.4w. rr,,,zt'.c.r- x 4..-, - . - 4.. zt�'v t yy �'r'F+� r -s.•,.s ...,r' , t u .s rvtS "'. -�,,- t r .,� -�.. -r !--;c' `' .)•.,a `� �°a`�;rynY}i '�'' ri €�Ty t.l+• - ti x yt c'" '+ '�+�'y -�'�i �:; s't�!f3 s r �`'^-s�a�s�� v♦'- t . •dr�+t7r } r '� s � ..•jq�Yi:{ �t Y 4 J i V xw ff !_ N.�` Y Ne � ET� w rSw -z-c4' Y�'u., y '` rl.'-Y' ''"r `:. .'`P rF - � -'.;`t?'°tr' •b� 'iav� '!Y. * �.i-r . _ '' _ t. � _; f - F• S-R-_ t j_� 1 '� ��^# f� --x.34 � L `r-Y^f a�' ' • '. . p �`t z♦, s Rr,.7 i♦ >^}-yy.^��' �2 .tY tiYy h+' � r� `'y�;.� e f'F'tir z,. . � -"� '; jty�a ru""J --.�. - f _-,.Y' 'tom" �*•? _ v + t - _ r j Ar4nded Alternate Agenda Item No. 2 (a) Page No. S tb) the Office of Transportation Administration certifies that approval of the application will not have an adverse impact upon a material element of the &F.ayr I system. The Office of Transportation Administration sh.nll. with respect to any application for which certification is refused, provide s detailed written explanation supporting the refusal to certify and specifying the corrective actions, if any, which would lead to certification. The decision of the Office of Transportation Administration may be appealed to the RRoard of County Commissioners within thirty (30) days from the dot* of the written explanation by filing a notice of appeal with the Clerk of the Board of County CosAlvioners. The RSoard of County Cosraissioners, after giving public notice as required by Chapter 33 of the Cie, shall bass the appeal and either affirm, deny or modify the decision of the Office of Transportation Administration. Appeals from the Soard of County c issioners' action shall be in accoreance with Section 33-216 of this Cade. Sec. 33C-3. rapid Transit Developmental Impact Committee. There is hereby established a Rapid Transit Developmental 7_. ►act C�V Ritteo composed of the County's Developmental Impact Ccvmittes (established by Section 33-303.1, Dade County Co4c) and two representatives from each of the following municipalities: City of South Rioni, City of Coral CAbles, City of itiaei, and the City of Hialeah. The Rigid Transit Davelopn*ntal Impact Cowittee shall, rubjeet to the procedures specified in Section 33-303.1, Cade County Code, perform the duties specified in Section 33C-6 of this ordinance. 'mac. 13a-4. Rapid Transit sl©i a:tal lRF,iact tone. The vapid Transit Developmwntal Impact Zane consists of those lands in such close proximity to the rapid transit rystem as to have a significant impact thereon. The Stetion Area Dssiqn and r4veloprmnt Program (authorised by Dade County resolution No. R-ill-?T ). a joint municipal-county ptoggras-, s &- prepare proposed day*lopment st;ndards for the Rapid Transit Developmental rmpacto Zone. Such proposed development standards shall be sdEiImitted to the Rapid Transit 'Davelopvantal Impact Cc, .-Rittea established by lection 33C-3 of this ordinance for review, comment and any recd:marndations. The Rapid Transit Davelep ntal VqE act Committee report, including the pioposed development a to dards, shall be submitted to the t.ppropriate, municipality or, in the unincorporated areas, to the County for review and adoption as the land raa plan for dtvelopmPtc within the Rapid Transit ravelopn-tirntal Impact Vine. Once adopted, said land use r,4ans ahall control all public actions involving or ? of 1eacti,ng land us* or including action an <%plfpit,ions for toeing relief, within the Rapid Transit ' alai _ :a�tal I :�sect Sego. " ndmant3 to said land use j1p:.ma rhxAl be :i�kjuct to tha prasqed%;ras W.,cified in this �a _tton. IMA (-_my r�zy 3atk judi`bial ravi w of any c.fcicS a.l ua icS,,;el rots relating to lands within the Rapid TY&ft:---it 7-W6lr4jr_ V1 �� .ate tone, C,-c. 33C-S. Oui.d :y Xa804tic tone. f Defirnitions re%j Caideway Aesthetic rmne consists of rj tPc €�n` recs dasiganated by the Sord of Coty C < isTianers which are adjacent to or within tha Rapid 7a xnsit I-pact Zone. Said ).ae,ds are within tNe line of sight of the Rapid Transit Syetesn fixed r; ,a!• .ca1Gs and stations and upon which lend davelo nts csF:: �rrr xtructures UP-5cifice.11y including bill arils) fill d0 atoriausly affect the aasthptic impact of the 1.�Vi l T ,%nsit Sye-te m- 777 ��C �,.r r. Amu .ad • Alternate Agenda Itea No. 2 (a) ' Page No. S Section 2. Section 33A-Sid) of the Code of Metropolitan Dada County, Florida, is hereby amended to add thereto a now subsection (f) which reads as follows: (e) All ddwlopwrnts in lands designated ,na the )wpid Transit Dtwelopwent Impact tone as defined in sectiea 3X-3 of the Code of Metropolitan Dade County, Florida. Secti 3. Division t of Article VI of Chapter 33 of the Cods of yatcgWltan Dade County, Florida, is hereby enacted as follsws: DIv1SI= i. COWNCIAL SIGNS ON RAPID TRANSIT SIS& H RIGHT-OF-MAY. Sec. 33-121.29. Definitions. (a) -!rapid Transit System right-ofwoy- shall mean 4 an Official sap designating outside boundaries for the fixed guideway Rapid Transit System for Dade County, Florida, which may from time to time be amended. The sapid Transit system right-of-way map shall be so designated and recorded and on tilt is the public records of Dade County, Florida. (b) •Applicable regulations' shall scan any pertin- ent sonisg, building or other regulations in effect in the incorporated or unincorporated areas of Dade County S. or the State of Florida. (c) 'Protected areas' shall Crean all property in Dade Goenty within 300 feet Of the sight-of-way of any Rapid Transit gstom right-of-way. (d) 'Sign- shall mean any display of characters, �r letters. illustrations or any ornamentation designed or used as an advertisement, announcement or to indicate direction. (t) 'Erect' shall mean to construct, build, rebuild (it more than 3s per cent of the structural members involnedl, selseats, raise, assemble, place, affix, attach4 paint, draw, or in any other scanner bring into being or establish. (f) "lsposery sign- shall soon signs to be erected on a temporary basis, such as signs advertising the sale or rental of the premises on which locatod: signs advertising a subdivision of propertyt signs advertising constructisu actually being done on premises on which the mil�ss is located: signs advertising future construction to to don as oft promises on which located and special events, : as public meetings, sporting events, political csagns or events of a similar nature. (g) Reba*of sale sign' shall mean any sign advertising or deai " the use, occupant of the premises, or mrdwaftze s products sold on the premises. (h! "Gat&ar advertising sign• shall mean any sign which is aech for any purpose other than that of abbortisba so the public the legal or exact firm name or "of bmohms conducted on the premises, or of pro&cu Or sesmhandise sold on the premises: or which is desigund and!displayed to offer for sale or rent the presses as Web displayed, or the subdivision of such prsism6 er g ent or future construction or development of sal pudstme or advertising special events, atoll cantisese ass stdoor advertising sign. _r---- - z T-• 71= PL �l. a.1saa sem uo. • Page No. 7 See. 31-121.21. Applicability. %This division shall apply to both the incorporated and unincorporated area. Any wunLcipslity MAY establish and enforce equivalent or more restrictive regulations. as such municipality may deem necessary. See. 33-121.22. Signs prohibited in protected areas. It shall be unlawful hereafter for any person, firm or corporation. or any other legal entity to erect, permit or a-sintain any sign in protected areas, except as provided for hereinafter. flee. 22-121.22. txeeptions. traction of the following signs shall be permitted in protected areas, subject to the conditions and limitations listed herein and further, subject to other applicable regulations where such regulations are more restrictive or more definitive than the provisions of this division and are not inconsistent therewith: (a) Tamporary signs which are located and oriented to aeove streets ether than a Rapid Transit System, and are located at least one hundred (100) feet from the Rapid Transit System right-of-way, except that such signs may serve and be oriented to a Rapid Transit System if the property concerned abuts the Rapid Transit Systca right-of-way and is not served by a parallel Rapid Transit System service road or is abutting the Rapid Transit System right-of-nay and has direct. pew&spent legal access to the Rapid Transit System. In na cvcat shell aar t pQ;�ary sign bs larger than 120 square feet. (b) Point of 'sale signs which are located on and oriented to the frontage on the street which provides actual and direct access to the front or principal entrance of the place of business: however. on corner lots a second detached point of sale sign will be permitted provided that the same is not larger than 40 square feet, is located on and oriented to the street frontage of the street other than the one serving the pprincipal entrance of the place of business. *Oriented'. in connection with point of sale signs, chall reran, in the case of detached signs, place at a W angle to the street "Ing served: in the case of roof signs, parallel to and fronting such street and within the front 25 per cent of the building concerned: and to the case of pylon at ins, within the front 20 per cent of the building concerned. gall signs within 200 feet of a rapid transit system shall be cf4nfined to the wall of the building containing the principal entrance, except that a wall s€gn tray be placed can one other wail of such NiAldinq crA shall be limited to 10 per cent of ¢uch otbor "11 urea. in no Gme2,nt .$hall any det_r.)Ched pint of gale eiU" be erected within the protected area which to IreAter is eight than 2S feat above the average tzed* of ttC Prcmises Concerned, and no point of sale ro7f sign Mall be erected which is greater in height above the roof than 10 feet. - "•---- -..:-.j...w - _ _ .,.�. _ - t` -2,z. -i�•c°.'�-• c--. - - --.,"..`. -sT,�.T� r 7 r. .X- �. Yy S ` .-. �. .f. •. ..fi � qr t_ ? ►Mtrite Page No. � �d .nest advertising signs shall not be eractei fur am pulse of serving any rapid transit systatr aad sstdoor advertising sig:+s in protected areas.Mall !s greeted and oriented to serve only atree s otbar sban rapid transit systems, subject to the 103MUG conditions: to soft no event shall any outdoor advertising lip is name or placed closer than three hundred 13W fast rs the right-of-way liaes of any rapid tna t slur. 0 as Outdoor advertising signs shall be ersad ad$laced only in business Of cosnereial 3aelddfsg industrial) soning districts which persdt ostdlst advertising under the !pplieable saw dons of the county or municipality hag tion. go "ago outdoor advertising sign shall be used t3M 1s than 15 f set ba bet is . larger heherais► le orsultiple oards- q) Smg so detachei outdoor advertising sign eh,g* bs mnMd which is more he" 25 !eat above ,!,a:ags Onisting grade of the site oa which su::r sipis assesed, or the flood criteria elevation (if gTqeaty sslilled to such elevation) whichever is toot the �Wrwhichlisn=oredhana20efastinabove the : she d rest ' W IML oo advertising signs shall be erected Be p .Wdl@ftn 200 feet of another outdoor ajWdLsW sign, such distance to be measured in alil " 6om the outermost edges of such sign. #1 "goo outdoor advertising sign shall be wefts&ar ghced within 100 feet or any church, S*Mj, notary, public or V ioralc atian, *rest M tai outdoor advertising signs shall be assn WA placed at right angles to the street n tug am:* serving and shall be located within tka fnt11 feet of the lot or tract on which 03 %&so outdoor advertising signs shall be =1jaced on a street dead•ended by the system, between the rapid:41 transit the 41"maglbs first street running P411`01 to rqU system and on the same side of the MWet, even though such distance sly bs SMM"300 test. outdoor advertising signs shall bs tuna maglaced only on property confor+ning in so Wd image to the 'requirements of the soaring laMaich located, and detached outdoor gjgrs shall not be erected on property es shg a use or structure. 4 noara ternate Agenda ?tea. vo. s' taI 6 Page No. f (10) That detached outdoor advertising Sign structures shall be of the so-Called cantilever type construction (double-faced sign, both facts of the same size, secured back to back on vertical supports with so supporting brecing) . (d) Any sf which fails to conform with the pro- visioas of this division but is not visible from any rapid transit system due to an intervening obstruction. See. t3-121.34. eonform+ng signs. (a) Signs which have been eractod prior to the effective date of this division may continvA to be maintained until January 1, lte4. Thereafter, unless such signs conform to the provisions of this division, they shall be reneved. if a noneonfornin99 spacing situation can be eliminated by the removal of one sign. the sign which has been erected for the longest pericad of tiz zhgll have priority. (b) 3"! sign lagally e:ectei. parnitted. or maintained s�bzeg;;an: to the effective daze Of this division, L icn is rc: in r violation of .!t-'s dim:s:::► L cpoa the tn"%q for public use of a re?id transit system os applicable portion thatraeof ba ccnts nonzonforming, the same racy ce"tinve to be maintained for a period of ,r- three (3) rearr frog the clay of such opening provide= en or before the expiration of the three (3) year perioS, the nonconforming tign oest be :e-* d; providc6 riay rig which iz eze=p: from the F90visions of thin division pursuant to s bsaetion (4) of section 33-121.23 hereof, but subsequently becomes nonconforming due to the elir_:ation of the obstruction p:eveating its visibility gran a rapid transit system, . must be rs"ved within three (3) years from the tine of �! the eliminction of such obstruction= further provided, eater the egfeetivs date of this ar..sntaent any sign erected, parmitted or mintained after a future rapid transit system right-of-way has been designated by the recording of a rapid transit system right-of-May trap in the public records of Dade County, Florida, which becenes nonconforsing due to the completion of such rapid transit system shell be removed within thirty (30) Lays aftcr such rC)pid transit systsaa or applicable ViortLoa thoroof is opened for public use. tee. 33-121.25. Veriancoam. No variancer, shrill be +,ranted through provisions of applicable eaguleations which will in any way conflict with or vary the Vrovisions of this article. as vac. 13-121.2c. Any pervwa violatLnT any of the provisions of this e1visien chnll be gvin—Ln cd by a CLne not to Gsc€ted fine hmndrGd Collars (€?f00.60) og by juprisorannt in the County sail for a triad not to exceed slsty (60) days, or by both "�ch final and imprisonment, In the discretion of the P�tropolitan court. Any continuing violations of the �orovleLens of this Aivision sway be en jol.ned and reetra nod Ay.ingcnctiva order of the circuit court in prececdings tnstitut*O fc,k cuGh pu ^res. __ � _ : •- -:( _. �� x::s�,yr�'�^ .r 2•:Rz a.Z.�'�]-r-£'--�;e.-r-s.'Y.T�i�u•1�-e-.�':_ .,l-•- —e.V y-+ri. :. .. a .;: -•.. T e t Mended •� ' Altte Agenda It#* No. 2 is) Page No. 10 44 Sec. 3=.121.!7. Repeal Clause. All Comity and municipal ordinances, County and municipal resolutions, municipal Charters, special law applying only to Dade County or any municipality in Olds County, or any general laws which the board of eouety conaissioners is authorised by the constitution to supersede, sanity, modify or "*ad, or any part of sseh ordinances sesolution, chaster or law, in conflict with any provisiss of this division, is hereby rapealN. Sec-.W 4. If any sectio%, t_bsection. sentence, els%se Provision of this ordinance is halt in,valid, the remainder of this ordinance shall not be affected by such invalidity. Section S. It is the intention of the hoard of County Cor+ .ission6rs, and it is hereby o:dainsd that the provisions Of this ordinance shall become and be made a part of the Code of %@tropoliten Dade County, Tlorida. The sections of this ordinance say be renumbered or relettered to accomplish such intention. and the 'turd 'ordinance' may be Changed to •section', *article'. or other appropriate word. Section This ordinance shall become effective teA 110) days after the date of its enactment. PASSZV AM ADOPMe October 17, 1976 Approved by County Attorney AIL to torn, and legal sufficiency. erepared bye A F .-:•- .".r or,�. _-�_.w..-4?!'�--- --met.-t_--=r-.-.ac-7--�^�'-- - - - ----- �:�--^ _ ' - _ ` L Nu o N �PT 4 .../ �l..c..- --- ---- Nib 760' 416.44' 7z V CP N s i z• (� n ` a i fPf( I%ft %" u S ' lee a 2 0 I 41% VP- r 1 � f v 10 + Al 9.01 O o, j Ch l N b o C } a `fit t: O ,+ i. . •� _ � 4/6.44' i-• -- —v _s, t�ti � ` o Irop � -40 '� y a1 OW cb S Si b �I ml � Ti • f � ` y lox �4 Mr ` o Lnn to _ o L1 ' ' N n, Ste.- � ° • �. City of South Miami 6130 Sunset Drive. South Miami. Florida 33143 667-5691 February 6 , 1991 David J . Russ , Esquire Assistant General Counsel Department of Community Affairs 2740 Centerview Drive Tallahassee , FL 31399-2100 Re. : City of South Miami request of Metropolitan Dade County for parking garage within City Limits and within "Metro Transit Zone" Dear Mr. Russ : As City Attorney , following conferences with City Manager William F. Hampton , pursuant to directions from the City Commission , I would appreciate your input regarding the above-captioned request . The Metropolitan Dade County Government proposes to build a five-story parking garage within the City Limits of South Miami , adjacent to the Metro Rail . The City of South Miami Land Development Code was adopted in 1989 pursuant to its Comprenhensive Plan , which was found in compliance by the Department of Community Affairs on June 21 , 1990 . The Land Development Code in Section 20-3 . 5 G provides a maximum height for such parking structures of four stories and a set back requirement. A copy of the relevant sections of that Code are enclosed . Metro-Dade County proposes to build five stories and to not comply with the set-back requirement. Their authority for not complying with the South Miami Code is the "Metro Transit Zone Ordinance" which was adopted on October 17 , 1978 . A copy of the relevant sections of that Ordinance are enclosed herewith . "City of Pleasant Living" David J . Russ , Esquire February 6 , 1991 Page two Thus , reading the Transit Zone Ordinance by itself (without considerations of concurrency or comity) , Metro-Dade believes that the Transit Zone Ordinance prevails and that they do not have to comply with South Miami ' s requirements . See attached copy of letter dated September 18 , 1990 from County Attorney , Robert Ginsburg. South Miami is concerned about the increased height and reduced set-back for several reasons : first , the City seeks to enforce uniform standards for all new construction in the City , whether by Government or private sector. Second , the Land Development Code was adopted pursuant to the Comprehensive Plan and , if for whatever reason , the County builds out of conformity , is South Miami , by permitting this , violating the Comprehensive Plan? Third , even if the-. County can build the greater height level and reduce set-back , South Miami risks a "domino effect" , in that further development outside , but adjacent to , the Transit Zone can point to this exception to the Land Development Code and request Variances . We are not completely familiar with the Comprehensive Plan of Dade County. Therefore , I do not know whether the Metro Transit Zone has been addressed in , referred to , or incorporated in the Dade County Comprehensive Plan and whether the Dade Plan has �been finally found to be in compliance . We would appreciate your written opinion construing the inter-play between the South Miami Land Development Code , the Comprehensive Plan , the Metro Transit Zone Ordiance , and concurrency requirements . Very truly yours Martin David Berg City Attorney MDB/gv enclosures cc : William F. Hampton , City Manager Mayor and Commissioners Robert Ginsburg, County Attorney SECTION 20-3. 5 DIMENSIONAL REQUIREMENTS Soctiora 20-3 . SG D I MEN S I O NAL REQUIREMENTS NONRESIDENTIAL D I S T R I C T S REQUIREMENT RO I�,Q I, ,Q N SR G� Kin. Lot Size Net Area ( sq ft ) 7 , 500 7 , 500 10, 000 7 , 500 5 , 000 10 , 000 51000 Frontage ( ft ) 75 75 100 75 50 100 50 ,-fin. Setbacks ; ft ) Front 25 20 15b ?5 lob ?0 no Rear 20 15 10 15 10 15 Side ( Interior ) 10 10 10 - - - - Side ( Street ) 20 15 10 15 lob 15 15 Adj . Res . Dist . 25 25 25 25 25 25 25 Side ( w/driveway ) 20 20 20 20 20 20 20 Between Buildings 20 20 20 - - - - Max. Building Height Stories 2 2 4 2 2 2 , Feet 25 30 50 25 50 30 30 lax. Building ,.overage ( 1 ) 30 - - - - - - lmpery ions -overage i 'o ) 75 30 35 7 5 10 35 :1 `la::. Floor Area Ratio ( FAR ) . 25 . 70 1 . 60 . 25 1 . 60 . 20 . 30 setback with wall upening adjacent to rear property line; no setback if no upenings in wall. .wpiies to around flour only. LAND DEVELOPMENT CODE CITY OF SOUTH MIAMI 55 SECTION 20-3. 5 DIMENSIONAL REQUIREMENTS Soctiora 20-3 . SG DIMENSIONAL REQUIREMENTS NO NR E S=D EN T I AL D I S TR=C T S REQUIREMENT RQ IQ HO R � I Kin. Lot Size Net Area ( sq ft ) 7 , 500 7 , 500 10, 0.00 7 , 500 5 , 000 10 , 000 5 , 000 Frontage ( ft ) 75 75 100 75 50 100 50 Alin. Setbacks ; ft ) Front 25 20 15b 25 lob 20 ^0 Rear 20 15 10 15 10 15 s Side ( Interior ) 10 10 10 - - - - Side ( Street ) 20 15 10 15 lob 15 15 Adj . Res . Dist . 25 25 25 25 25 25 25 Side (w/driveway) 20 20 20 20 20 20 20 Between Buildings 20 20 20 - - - - Max. Building Height Stories 2 2 4 2 1 ? 2 , Feet 25 30 50 25 50 30 30 ..lax. Building Coverage ':ax. :mpervious :o� erage ( 'a ) i 5 30 35 "5 j0 5 35 'lax. Floor area Ratio ( FAR ) . 25 . 70 1 . 60 . 25 1 . 60 . 20 . 30 ` setback with wall opening adjacent to rear property line; no setback if no openings in .gall. applies to around floor on0-. LAND DEVELOPMENT CODE CITY OF SOUTH MIAMI 55 COUNTY ATTORNEY METROPOLITAN DADE COUNTY, FLORIDA SUITE 2810 September 18 METRO-DADE CENTER P r 1990 111 N.W. 1st STREET MIAMI, FL 33128-1993 (305) 375-5151 FAX (305) 375-5634 Honorable Cathy McCann Mayor, City of South Miami 6130 Sunset Drive South Miami, Florida 33143 Dear Mayor McCann: I am writing in response to your recent letter to Mayor Clark regarding jurisdiction over development at the South Miami Metrorail Station site. In 1974, at the outset of the Metrorail project, the county enacted the "transit zone" ordinance (Chapter 33C of the Dade County Code) . That ordinance established a rapid transit zone whose geographic boundaries encompassed the entire 20 mile . Metrorail alignment, in both the unincorporated areas and in the four cities through which Metrorail passes. It delineated transit related land uses permitted within the transit zone and vested the county with exclusive jurisdiction over building and zoning approval, issuance of building permits, etc. , for such uses. For other uses within those portions of the transit zone located in a city, including commercial, office and residential uses not necessary for the operation or mai::tenance of the transit system, the ordinance specifically provided a process for development of a master plan with input from the affected city. Specifically with regard to the expansion of the Metrorail parking garage at the South Miami station, we have advised county staff that jurisdiction over the garage expansion project is vested in the county. We have further advised that the planning process provided in the ordinance, including the provisions for city input, must be complied with before any action can be taken to develop commercial or offices above the garage extension. It is my understanding that county staff have met with appropriate city officials to address mutual concerns regarding this matter. Honorable Mayor McCann September 18, 1990 Page No. 2 I understand you have also asked about the relocation of the county fire station. I will address this issue in a forthcoming letter. A copy of the transit zone ordinance is enclosed for your information. Ver y truly yours, C� Robert A. Ginsburg Dade County Attorney RAG/mlm Enclosure OFFICE OF COUNTY ATTORNEY, DADE COUNTY, FLORIDA Chapter 33C FIXED-GUIDEWAY RAPID TRANSIT SYSTEM— DEVELOPMENT ZONE* Sec. 33C-1. Legislative intent, findings and purposes. The board of county commissioners for Metropolitan Dade County, Florida, hereby declares and finds that the uncoordi- nated use of lands within the county threatens the orderly develo ment an the health, safety, order, convenience, pros- perity an welfare of the present and.future citizens of this county. Pursuant to Ordinance No. 75-22, the board adopted and accepted the Comprehensive Development Master Plan for Metropolitan Dade County whereby it specifically declared that it was the continuing policy of Metropolitan Dade County, in cooperation with federal,-state, regional and local govern- ments, and other concerned public and private organizations, to use all reasonable means and measures to: (a) Foster and promote the general welfare; (b) To create and maintain conditions under which man and nature can exist in productive harmony;and (c) To fill the social, economic and other requirements of the present and future generations of citizens of Metro- politan Dade County,Florida. The board further found that the Comprehensive Development Master Plan was enacted to assure for all people of Dade County an attempt to create safe, healthful, productive and aesthetically and culturally pleasing surroundings; to attain the widest range of beneficial uses of the environment with- out unreasonable degradation, risk to the health or safety, or other undesirable and unintended consequences, to pre- serve important historic, cultural and natural aspects of our national heritage; to maintain, wherever possible, an environ- *Editor's note—Ord. No. 78-74, § 1, adopted Oct 179 1978, amended this Code by adding Ch.33C,§§33C-1-43C-5. Cross references—,Zoning, Ch. 33; developments in incorporated areas creating county impact, Ch. 33A. Supp. No. 132 1048.60.101 I ' $ 33C-i TRANSIT SYSTEM DEVELOPMENT ZONE $ 33C-2 (a) Provide maximum opportunities for development to serve as financial assistance to the system; and . (b) Provide. incentives for joint development with the private sector. (Ord. No. 78-74, § 1, 10-17-78) Sec. 33C-2. Rapid transit zone. (A) Definition: The "rapid transit zone" consists of all land area, including surface, subsurface, and appurtenant airspace, heretofore or hereafter designated by the,board of_ county commissioners as necessary for the construction of the fixed-guideway portion of the Stage I Rapid Transit System, including all station sites, parking areas and yard and maintenance shop facilities. (B) Designation of Lands Included...The board of county commissioners hereby designates all land areas (including surface, subsurface, and appurtenant airspace) shown on Exhibits 1 through 16, bearing the following effective dates: Ex- hibits 1 through 9 and Exhibits 11 through 16,July 13, 1979,and Exhibit 10,May 26, 1983,certified by the clerk of the board as a portion of this chapter, incorporated hereby by reference, and transmitted to the custody of the building and zoning depart- ment, as the rapid transit.zone for the Stage I Fixed-Guideway. Rapid Transit System.The director of the Dade County Building and Zoning Department shall submit to each affected municipal- ity an official map or maps designating the rapid transit zone which may from time.to time be altered, enlarged, added to, amended or deleted by ordinance, aver a public hearing within each municipality affected. (C) Jurisdiction of County. Jurisdiction for purposes of building and zoning approvals (including, but not limited to, site plan approvals, issuance of building permits, building inspections, compliance with the South Florida Building Code, issuance of certificates of occupancy, zoning applications,special exceptions, variances, district boundary changes, building and/or zoning moratoria, and all other types of functions typically performed by building and/or zoning departments), water and sewer installations, compli- ance with environmental regulations, street maintenance Supp.No.149 1048.50.103 § 33C•2 TRANSIT SYSTEM DEVELOPMENT ZONE g 33C.2 and site plan review standards and criteria for those land uses permitted pursuant to subsection(9Xa)herein and approved pursuant to subsection (9Xc) herein. (c) Requests for approval of development of those land uses permitted pursuant to subsection(9Xa)herein within a subzone created pursuant to subsection (9Xa)herein shall be made by filing an application in accordance with the provisions of section 33-304. Said application shall be considered,a special exception for site plan approval to be considered and acted upon directly by the board of county commissioners pursuant to the criteria established in section 33-311(d)and the provi- sions of the applicable subzone. (d) Whenever uses authorized by subparagraph (a) .above are proposed within portions:of the rapid transit zone passing through municipalities, the station area design and development program process, a joint municipal-county program, shall prepare proposed master plan development stand- ards for such proposed uses. Such proposed master plan development standards shall be submitted to the appropriate municipality for review and adoption as the master-land use plan for such uses. Once adopted, said land use plans shall control all public actions involving or affecting land use or development, including action on applications for zoning relief. Amend- ments to said master land use plans shall be subject to the procedures specified in this subpar- agraph. It shall be the duty of the clerk of the board of county commissioners to immediately transmit to the relevant municipality a certified copy of the county commission's action in regard to the uses provided for in this subsection. The municipality may seek judicial review of the county commission's action in accordance with section 33-316, Dade County Code. (e) The uses provided in this subsection shall, where applicable, be subject to municipal ordinances relating to occupational license taxes, and such Supp.No. 144 1048.50.105 S 3302 TRANSIT SYSTEM[ DEVEWPMENT-ZONE i 33C4 commissioners. The board of county commission- ers; after giving public notice as required by Chapter 33.of the Code, shall hear the appeal and either affirm, deny or modify the decision of the office of transportation administration. Appeals from the board of county commissioners' action shall be in accordance with section 33-316 of this Code. (Ord.No.78-74, 4 1, 10-17.78;Ord.No.79-59, 41,7-3.79;Ord.No. 82-80, § 1,9-7-82;Ord.No.83.27, 11,5-17-83) Editor's note—Ord.No.82.79,1 1,adopted Sept 7,1982,and Ord.No.8755,1 1.adopted July 21, 1987,amended 1330.2 by amending one of the drawings of the rapid transit zone maps,which drawings are not reproduced herein. Sea 33C-3. Rapid transit developmental impact com- mittee. There is hereby established a rapid transit developmental impact committee composed of the county's developmental impact committee (established by section 33-303.1, Dade County Code) and two (2) representatives from each of the following municipalities: City of South Miami, City of Coral Gables, City of Miami, and the City of Hialeah. The rapid transit developmental impact committee shall,subject to the procedures specified in section 33-303.1, Dade County Code, perform the duties specified in section 33C4 of this chapter. (Ord.No.78-74, § 1, 10-17-78) Sec. 33C-4. Rapid transit developmental impact zone. The rapid transit developmental impact zone consists of those lands in such close proximity to the rapid transit system as to have a significant impact thereon. The station area de- sign and development program (authorized by Dade County Resolution No. R-829-77), a joint municipal-county program, shall prepare proposed development standards for the rapid transit developmental impact zone. Such proposed develop- ment standards shall be submitted to the rapid transit de- velopmental impact committee established by section 33C-3 of this chapter for review, comment and any recommendations. The rapid transit developmental impact committee report, in- Supp.No. 172 1048.50.107 §33C-6 TRANSIT SYSTEM DEVELOPMENT ZONE §33C.6 1,as amended,described in and incorporated into section 33C-2(B) and attached hereto and incorporated herein by reference; said boundaries shall be certified by the clerk of the board as a part of this section, and transmitted to the building and zoning depart- ment for custody. (2) Development regulations. The following development regu- lations shall apply within the Dadeland subzone: (a) Mixed uses, as provided by section 33C-2(DX9Xa) shall be permitted, said uses including but not limited to, residen- tial, office, hotel, clubs, restaurants, theatres, retail, etc.. (b) Parking shall be provided in accordance with the following: (1) Residential—One parking space for each dwelling unit. (2) Office—One parking space for each four hundred(400) square feet of gross floor area. (3) Hotel—One parking space for every two(2)guest rooms. (4) Other uses—See site plan review standards and cri- teria herein. (c) Setbacks.See site plan review standards and criteria herein. (d) The maximum floor area ratio shall not exceed 5.0. (e) The maximum building height shall not exceed three hun- dred(300)feet. (f) The minimum open space shall be twenty-five (25) per cent; said open space may be provided at grade or on abovegrade surfaces and may include landscape areas im- proved and maintained with grass, shrubbery, and trees, water fountains and features,art displays,and other land- scape elements and features. (3) Site plan review standards and criteria The purpose of the site plan review is to encourage logic,imagination and variety in the design process in an attempt to insure the congruity of the proposed development and its compatibility with the surround- ing area. The following site plan review standards and criteria shall be utilized as a guide by the developmental impact commit- tee or the building and zoning and planning departments and by the board of county commissioners in the consideration of re- Supp.No. 144 1048.50.109 §33C-6 TRANSIT SYSTEM DEVELOPMENT ZONE §33C-6 tecturally and aesthetically compatible with the station and the surrounding area. (9) Open space and landscaping should be incorporated into the design of all development projects to allow sufficient light and air to penetrate the project, to direct wind move. ments,to shade and cool,to visually enhance architectural features and relate the structure design to the site, and to functionally enhance the projects; outdoor graphics and exterior art displays and water features should be encour. aged to be designed as an integral part of the open space and landscaped areas. (h) All development projects should be designed so as to re. duce energy consumption. Energy conservation methods may include, but not be limited to, the natural ventilation Of structures,the siting of structures in relation to prevail. ing breezes and sun angles, and the provision of landscap. ing for shade and transpiration. . W All development projects should be designed so that the Pedestrian and vehicular circulation systems adequately serve the needs of the project and are compatible and func. tional with the circulation systems exterior to the site. G) All development projects should be designed with a coor- dinated outdoor lighting and signage system that is ade- quate for and an integral part of the project and that is compatible and harmonious with the project and the sur- rounding area. (Ord. No. 82-81, § 1, 9-7-82) Supp.No. 144 1048.50.111 (The next page is 1048.50 1231 IR10-01 CITY OF SOUTH MIAMI FOLIO NUMBER: 09-4025-000-0951 BD BT HB BUILT FOOTAGE SALE\SQFT AVR 0 0 0 0 0 OWNER'S NAME AND ADDRESS W G V FLR CONSTRUCT ZONING CLUC LV SQFT DADE COUNTY 0 * N/A * 76 - I 17 N/A GSA R/E MGMT - MDTA USER L E G A L D E S C- R I P T 1 0 N 111 NW 1 ST STE 2460 ALL THAT PORTION OF METRO RAIL MIAMI FL 33128 LYG WITHIN THE BDRY OF THE CITY LOT SIZE AND LOT TYPE OF SOUTH MIAMI YEAR BUILDING LAND ASSESSMENT PER SQFT YEAR TAXES D TX\FT. 1989 0 0 52,834,054 89 0.00 N 0.00 . 1 F E A T U R E S SALE DATE AMOUNT AND TYPE MORTGAGE COMPANY AMOUNT DATE F/V/C TYPE RATE LOAN NUMBER *** NO MASTER ON FILE SELLERS NAME SLUC HOMESTEAD PHONE UNITS 1BD 2BDS 3BDS EFF. 86 0 - 0 0 0 0 0 ENT=NEXT F2=MEMO F4=TAXES F5=LEGAL F7=BLDG DIMENSIONS F6 = COMPS MENU F8=FEATURES\RATES F9=BACK F10=HELP IR10 ISC READY RI10-042 I S C N E T 03/13/90 FOLIO NUMBER 09-4025-000-0951 ALL THAT PORTION OF METRO RAIL LYG WITHIN THE BDRY OF THE CITY OF SOUTH MIAMI IR10 PRESS ENTER TO CONTINUE. . . 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J J O kc IL pn 0 N (y # 7K O 7K .D 7k c0 * F[ 7k M a 1k 7k M Gt 7R M O # M 0 lot m 0 lot M O-lx # M O # n. tr m P # W O # )' O # O 7k # 1-1 # U O # Ul 0 * O # O # # W N fn # Q10 SMKK ) kn LA N r S M)N CV (L' N `7 N C # O N CO O KK P O # W O # # 0 * N S e Q r .t M IT 3 S w U) H ZU. 4' I r P I wLP 3 O P Q: (n C? # V) 0 * 0 C # e61.- 07K At Zr O7 Q n W N V) N au H w 0 N i kt ugh-• 7k # 7tc # In -C � QphJ co Q C'30 dO 'L7H O wd JJO wOU_ PC co H NO # L U)CD. # r O KK m10 fn C3 # tx .D 10 C) # J Q O Q h P W J 0.of V) P W J M P H S P JJ CO .D0 # W Ld SO # (YO O U.. OO # # z :9r N0 * Q in r-t U\ M ) N P Q Cn Q .D 2 Z J # m W co # U *. O H KK * L H M. V) 20Q .y W 'LN Q HOB- w DL QOMO S # OQr-14 LA tI;1 # > t �f # # Wt Q N N W •D ` r Q U) H R •D O .C+ L %\ r+ U s# O l7 H L P # 1C.3 CA 'k: G .O L !e # IL .O N T•3 4' f Chapter 33C FIXED-GUIDEWAY RAPID TRANSIT SYSTEM— DEVELOPMENT ZONE* Sec. 33C-1. Legislative intent, findings and purposes. The board of county commissioners for Metropolitan Dade County, Florida, hereby declares and finds that the uncoordi- nated use of lands within the county threatens the orderly development and the health, safety, order, convenience, pros- perity and welfare of the present and future citizens of this county. Pursuant to Ordinance No. 75-22, the board adopted and accepted the Comprehensive Development Master Plan for Metropolitan Dade County whereby it specifically declared that it was the continuing policy of Metropolitan Dade County, in cooperation with federal, state, regional and local govern- ments, and other concerned public and private organizations, to use all reasonable means and measures to: (a) Foster and promote the general welfare; (b) To create and maintain conditions under which man and nature can exist in productive harmony;and (c) To fill the social, economic and other requirements of the present and future generations of citizens of Metro- politan Dade County, Florida. The board further found that the Comprehensive Development Master Plan was enacted to assure for all people of Dade County an attempt to create safe, healthful, productive and aesthetically and culturally pleasing surroundings; to attain the widest range of beneficial uses of the environment with- out unreasonable degradation, risk to the health or safety, or other undesirable and unintended consequences, to pre- serve important historic, cultural and natural aspects of our national heritage; to maintain, wherever possible, an environ- *Editor's note—Ord. No. 78-74, § 1, adopted Oct. 17, 1978, amended this Code by adding Ch. 33C, §§ 33C-1-33C-5. Cross references—.zoning, Ch. 33; developments in incorporated areas ko creating county impact, Ch. 33A. Supp. No. 132 1048.50.101 .� 3 C ,e�� T �,;f Srt 5 33C-1 DADE COUNTY CODE 88C-1 ment which supports diversity and variety of individual choice; to achieve a balance between population and resources which will permit the high standards of living and a wide sharing of life's amenities, and to enhance the quality of renewal re- sources and approach the maximum attainable recycling of depletable resources. In furtherance of these goals and objec- tives, the board finds that the coordinated review and analysis of its mass transit facilities is necessary to carry on a central metropolitan government in Dade County, Florida. Coordi- nated review and analysis of the mass transit system is sus- ceptible to, and would be most effectively carried on, under a uniform plan of regulation applicable to the county as a whole. The planning of major transportation facilities, com- bined with other plan implementation tools, can be effectively used in meeting social, economic and environmental needs and in creating a major influence on metropolitan development patterns and life styles. The capability of a transportation network, acting in conjunction with other urban services to establish general development trends, is well recognized. A maximum coordination of transportation and land use policy decisions is therefore essential to optimize the role of trans- portation as a potent tool for implementing the desired pat- terns of metropolitan development. The board further finds that the Stage I Fixed-Guideway Rapid Transit System has, since 1973, undergone extensive planning, review, analysis, and engineering design efforts. The Stage I system has received design approval from both the federal and state governments and is in the process of final design, procurement and construction activities. The Stage I system, including proposed improvements in other forms of surface transportation facilities, represents a con- certed, coordinated effort to improve not only the transporta- tion facilities within Dade County, but the overall quality of life enjoyed by citizens of and visitors to Dade County. Finally, the Stage I system represents one of the largest public works projects ever undertaken in Dade County and the Southeast- ern United States. As such, the Stage I Fixed-Guideway Rapid Transit System may only be planned, engineered, imple- mented, and administered on a county-wide basis, in a manner which will: Supp. No. 132 1048.60.102 § 33C-1 TRANSIT SYSTEM DEVELOPMENT ZONE § 33C-2 (a) Provide maximum opportunities for development to serve as financial assistance to the system; and (b) Provide incentives for joint development with the private sector. (Ord. No. 78-74, § 1, 10-17-78) Sec. 33C-2.'Rapid transit zone. (A) Definition. The "rapid transit zone" consists of all land area, including surface, subsurface, and appurtenant airspace, heretofore or hereafter designated by the board of county commissioners as necessary for the construction of the fixed-guideway portion.of the Stage I Rapid Transit System, including all station sites, parking areas and yard and maintenance shop.facilities. (B) Designation of Lands Included. The 4 of county, acommissioners-hereby designates all-land areas'(including surface, subsurface, and appurtenant airspace) shown on `Exhibits 1'-through 16,bearing the following effective dates: Ex- hibits 1 through 9 and Exhibits 11 through 16,July 13, 1979,and Exhibit 10,May 26, 1983;certified by the clerk of the board as a portion of this chapter, incorporated hereby by reference, and transmitted to the custody of the building and zoning depart- ment, as`the rapid-t—r —it zone for tlie-Stage-I-Fixed-Guideway Rapid Transit System:The directoi of the Dade County Building and Zoning Department shall submit to each affected municipal- ity an official map or maps designating the rapid transit zone ,wliich may-from-time to time-be altered; enlazged;-added to;1 amended or deleted by,ordinance, after a public hearing within each municipality affected, F— (C) Jurisdiction of County. Jurisdiction for purposes of building and zoning approvals (including, but not limited to, site plan approvals, issuance of building permits, building inspections, compliance with the South Florida Building Code, issuance of certificates of occupancy, zoning applications, special exceptions, variances, district boundary changes, building and/or zoning moratoria, and all other types of functions typically performed by building and/or zoning departments), water and sewer installations, compli- ance with environmental regulations, street maintenance Supp.No.149 1048.50.103 § 33C-2 DADE COUNTY CODE ; 33C-2 (including sidewalks where applicable) and utility regula- tion, all of which relate to the uses specifically delineated in subsection (D) below, shall be and are hereby�Vftted- i� f Metropolitan--Dade County---regardless-of any municipal s� i code, charter, or ordinance provisions`to the contrary.; (D) Permitted Land Uses. The following land-uses are permitted within the rapid transit zone and no others: (1) Fixed guideways for the rapid transit system. (2) Stations for the rapid transit system, including such uses as passenger platforms and waiting areas, ticket And 'information booths, 'restrooms, utility rooms, instation advertising displays, stairs, elevators, walk- ways, and other similar uses as are necessary for the proper functioning of a rapid transit station. (3) Parking lots and parking structures. (4) Bus stops and shelters. (5) Streets and sidewalks. (6) Maintenance facilities for the rapid transit system, including yard and shops, and associated tracks and facilities. (7) Landscaping. (8) Bikeways, parks, community gardening, playgrounds, power substations and other uses necessary for the construction, operation and maintenance of the rapid transit system. (9)-(a)--Such other uses,_including_commercial;-office and-3 residential_ uses, as .may._be appropriate o an_d�} compatible with the operation of the_rapid_transit :system And_-the_convenience__of.the_.ridership_ CLhereof�= (b) Subzones; development regulations, standards and cri- teria. In the unincorporated areas of the rapid transit zone,subzones shall be created by separate ordinances which shall become part. of this chapter. Said ordi- nances shall identify the boundaries of the individual subzones and shall establish development regulations Supp.No. 149 1048.50.104 § 33C-2 TRANSIT SYSTEM DEVELOPMENT ZONE § 33C-2 and site plan review standards and criteria for those land uses permitted pursuant to subsection Wit)herein and approved pursuant to subsection (9xc)herein. (c) Requests for approval of development of those land uses Petted pursuant to subsection(9Xa)herein within a subzone created pursuant to subsection (9Xa) herein shall be made by filing an application in accordance with the provisions of section 33-304. Said application shall be considered a special exception for site plan approval to be considered and acted upon directly by the board of county commissioners pursuant to the criteria established in section 33-311(d)and the provi- sions of the applicable subzone. (d) Whenever uses autK6r—iid--Iiy subparagraph (a)? above are proposed within portions of the rapid,,~ transit. zone passing through municipalities, the t_ station area design and development program' ,process, a joint municipal-county. program, shall y prepare proposed master plan development stand-r" ards for such proposed uses. Such proposed master . plan. development standards shall be' tsubmitted to the appropriate. municipality for' review and.adoption as the master land use plan ? £ for such useOnce.adopted, said land use plans shall control all public actions involving or affecting land use or development, including,.' action on applications for zoning relief. Amend. �ments to said master land use plans shall be, _J subject to the procedures specified in this subpar- ° agraph. It shall be the -duty-of the clerk of the board of county_ commissioners to immediately�_ =transmit to tihe relevant municipality a certified copy of the county commission's-action- in regard-"­,- Ito the uses provided for in this subsection. The f'municipality may seek judicial review of the, county commission's action in accordance with`' section 33-316, Dade_County__Code._;'' -- (e)-The u ses provided in this subsection shall, where applicable, -be subject to municipal^ordinances ' '-relating to occupational license taxes and such 5 Supp.No. 144 1048.50.105 i § 33C-2 DADE COUNTY CODE §33C-2 axes b d they a a ereby expressly—receiv-ed- h municipalities.- (E) Effect on Existing Land Uses. All land areas included by this section within the rapid transit zone upon which uses other than those specified in subsection (D) of this section were authorized or permitted prior to the effective date of this section may be used as follows: (1) Existing structures. All existing buildings or struc- tures and all uses for which building permits have already been issued prior to the effective date of this article and which have complied with the applicable provisions of the South Florida Building Code, may be continued or constructed in accordance with the approved plans and specifications therefor. Alter- ations, improvements, or expansions of existing . structures shall be subject to the provisions of . paragraph (2) hereof. #(2);All other lands. No applications for site or plan_� approvals and/or building permits shall be issued for r` new facilities within the rapid transit zone except_in the following circumstances: (a) The estimated construction cost does not exceed`' ten thousand dollars ($10,000.00) in any consecu- tive two-year period; or -- - - - --- - _/ (b) The office of transportation administration certi- fies that approval of the application will not have an adverse impact upon a material element of the stage I system. The office of transportation administration shall, with respect to any applica- tion for which certification is refused, provide a detailed written explanation supporting the refu- sal to certify and specifying the corrective actions, if any, which would lead to certification. The decision of the office of transportation administra- tion may be appealed to the board of county commissioners within thirty (30) days from the date of the'written explanation by filing a notice of appeal with the clerk of the board of county Supp.No. 144 1048.50.106 l §3302 TRANSIT SYSTEM DEVELOPMENT ZONE § 330.4 commissioners. The board of county commission- ers, after giving public notice as required by Chapter 33 of the Code, shall hear the appeal and either affirm, deny or modify the decision of the office of transportation administration. Appeals from the board of county commissioners' action shall be in accordance with section 33-316 of this Code. (Ord.No.78-74, § 1, 10-17-78;Ord.No.79-59, § 1,7-3-79;Ord.No. 82-80, § 1,9-7-82;.Ord. No. 83-27, § 1, 5-17-83) Editor's note—Ord.No.82-79,§ 1,adopted Sept 7,1982,and Ord.No.87-55,§ 1,adopted July 21, 1987,amended § 33C-2 by amending one of the drawings of the rapid transit zone maps,which drawings are not reproduced herein. Sec. 33C-3. Rapid transit developmental impact com- mittee. There is hereby established a rapid transit developmental impact committee composed of the county's developmental impact committee (established by section 33-303.1, Dade County Code) and two (2) representatives from each of the following municipalities: City of South Miami, City of Coral Gables, City of Miami, and the City of Hialeah. The rapid transit developmental impact committee shall,subject to the procedures specified in section 33-303.1, Dade County Code, perform the duties specified in section 33C-4 of this chapter. (Ord.No. 78-74, § 1, 10-17-78) Sec. 33C-4. Rapid transit developmental impact zone. The rapid transit developmental impact zone consists of those lands in such close proximity to the rapid transit system as to have a significant impact thereon. The station area de- sign and development program (authorized by Dade County Resolution No. R-829-77), a joint municipal-county program, shall prepare proposed development standards for the rapid transit developmental impact zone. Such proposed develop- ment standards shall be submitted to the rapid transit de- velopmental impact committee established by section 33C-3 of this chapter for review, comment and any recommendations. The rapid transit developmental impact committee report, in- Supp.No.172 1048.50.107 §33C4 DARE COUNTY CODE §33C-6 eluding the proposed development standards, shall be sub- mitted to the appropriate municipality or, in the unincorpo- rated areas, to the county for review and adoption as the land use plan for developments within the rapid transit de- velopmental impact zone. Once adopted, said land use plans shall control all public actions involving or affecting land use or development, including action on applications for zoning relief, within the rapid transit developmental impact zone. Amendments to said land use plans shall be subject to the pro- cedures specified in this section. The-county-may.:seek judicial _-review-of any-of-fieial-municipal-acts-relating_to lands within- --' - the rapid translt=developmental impact;zone. (Ord. No. 78-74, §.1, 10-17-78) Editor's note—Pursuant to the provisions of this chapter, and Resolution No. R-867-76, the county has enacted the following ordinances, accepting station area design and development studies: Ord.No. Date Station area 80-129 11-18-80 Earlington Heights 81-29 3-17-81 Martin Luther King,Jr. 81-30 3-17-81 Dadeland North 81-31 3-17-81 Brownsville 81-32 3-17-81 Northside 82.12 3. 2-82 Dadel'and South Sec. 33C-5. Guideway aesthetic zone. Definition: The guideway aesthetic zone consists of those land areas designated by the board of county commissioners which are 0 adjacent to or within the rapid transit development impact zone. Said lands[include those land areas which]are within the line of sight of the rapid transit system fixed guideways and stations and upon which land developments and/or structures(specifically including billboards) will deleteriously affect the aesthetic im- pact of the rapid transit system. (Ord. No. 78-74, § 1, 10-17-78) Sec. 33C-6. Dadeland subzone. (1) Boundaries. Pursuant to the provisions of section 33C-2(D)9(b), the Dadeland subzone of the rapid transit zone is hereby estab- lished; the boundaries of the subzone are set forth on exhibit no. Supp.No. 172 1048.50.108 §33C-6 TRANSIT SYSTEM DEVELOPMENT ZONE §33C-6 1, as amended, described in and incorporated into section 33C-2(B) and attached hereto and incorporated herein by reference; said boundaries shall be certified by the clerk of the board as a part of this section, and transmitted to the building and zoning depart- ment for custody. (2) Development regulations. The following development regu- lations shall apply within the Dadeland subzone: (a) Mixed uses, as provided by section 33C-2(DX9Xa) shall be permitted, said uses including but not limited to, residen- tial, office, hotel, clubs, restaurants, theatres, retail, etc. (b) Parking shall be provided in accordance with the following: (1) Residential—One parking space for each dwelling unit. (2) Office—One parking space for each four hundred(400) square feet of gross floor area. (3) Hotel—One parking space for every two(2)guest rooms. (4) Other uses—See site plan review standards and cri- teria herein. (c) Setbacks.See site plan review standards and criteria herein., (d) The maximum floor area ratio shall not exceed 5.0. (e) The maximum building height shall not exceed three hun- dred(300)feet. (f) The minimum open space shall be twenty-five (25) per cent; said open space may be provided at grade or on abovegrade surfaces and may include landscape areas im- proved and maintained with grass, shrubbery, and trees, water fountains and features,art displays,and other land- scape elements and features. (3) Site plan review standards and criteria The purpose of the site plan review is to encourage logic,imagination and variety in the design process in an attempt to insure the congruity of the proposed development and its compatibility with the surround- ing area. The following site plan review standards and criteria shall be utilized as a guide by the developmental impact commit- tee or the building and zoning and planning departments and by the board of county commissioners in the consideration of re- Supp.No. 144 1048.50.109 §33C-6 DADE COUNTY CODE §33C-6 quests for special exception for site plan approvals within the Dadeland subzone: (a) All development shall be reviewed for its compatibility with the Dade County comprehensive development master plan,the Metrorail compendium of design criteria,and the Dadeland south station area design and development plan and the Dadeland north station area design and develop- ment plan. (b) Mixed, twenty-four-hour activity uses should be encour- aged to be incorporated into the design of development projects. (c) Parking may not be required for uses other than residen- tial, office and hotel, as it is'assumed that said other uses will draw from transit patrons and/or will draw patronage during periods when transit parking spaces will be avail- able; however,said other uses shall be reviewed under the above assumption to assure that adequate parking is pro- vided to serve the needs of the development project. (d) Setbacks may not be required due to the unique locational characteristics associated with the Dadeland subzone site; however, building locations shall be reviewed to assure compatibility with surrounding existing, proposed, and an- ticipated development and uses and to assure that no vi- sual or other safety hazards are created in connection with existing,proposed, and anticipated pedestrian and vehicu- lar circulation systems. (e) Pedestrian open space, in the form of plazas, arcades, court- yards, landscaped areas, etc., particularly at the level of the station, with convenient connections between the sta- tion and restaurants, theatres, retail uses, etc., so as to provide easy access thereto, should be encouraged to be incorporated into the design of all development projects. M The scale of all development projects should be designed to be compatible with surrounding existing, proposed, and anticipated development and uses,and,therein,step-down buildings may be encouraged to be incorporated into the design of the project, and all development should be archi- Supp.No. 144 1048.50.110 §33C-6 TRANSIT SYSTEM DEVELOPMENT ZONE §33C-6 tecturally and aesthetically compatible with the station and the surrounding area. (g) Open space and landscaping should be incorporated into the design of all development projects to allow sufficient light and air to penetrate the project, to direct wind move- ments,to shade and cool,to visually enhance architectural features and relate the structure design to the site, and to functionally enhance the projects; outdoor graphics and exterior art displays and water features should be encour- aged to be designed as an integral part of the open space and landscaped areas. (h) All development projects should be designed so as to re- duce energy consumption. Energy conservation methods may include,but not be limited to,the natural ventilation of structures,the siting of structures in relation to prevail- ing breezes and sun angles, and the provision of landscap- ing for shade and transpiration. (i) All development projects should be designed so that the pedestrian and vehicular circulation systems adequately serve the needs of the project and are compatible and func- tional with the circulation systems exterior to the site. 0) All development projects should be designed with a coor- dinated outdoor lighting and signage system that is ade- quate for and an integral part of the project and that is compatible and harmonious with the project and the sur- rounding area. (Ord. No. 82-81, § 1, 9-7-82) Stipp.No. 144 [The next page is 1048.60.123] 1048.50.111 138-284.21 ZONING 138-9".22 (12) Parking areas—Parking areas shall be provided that are screened and so located as not to interfere with the livability of the development, its environs, and adja- jacent properties. (13) Service areas—Service areas shall be provided that are screened and so located as not to interfere with the livability of the development or adjacent properties. (14) Building height—Building height shall be in scale with the development in surrounding areas. As a maximum, building heights shall not exceed the height limita- tions hereinabove established. (15) Open space—A variety of open spaces shall be pro- vided, appropriate to the needs of the particular type of development. Open space shall relate to any natural characteristics in such a way as to preserve and enhance their scenic and functional qualities to the fullest ex- tent possible and shall be so located and developed as to be easily accessible to all residents of the develop- ment. (Ord. No. 73-28, § 2, 3-20-73; Ord. No. 74-21, § 3, 4-3-74; Ord. No. 74-41, § 1, 6-4-74; Ord. No. 78-39, § 13, 6-6-78) ARTICLE 'XXXIIIC. GP, GOVERNMENTAL PROPERTY •3ec.`33-284.22. Uses permitted. (a) No land, body of water and/or structure shall be main- tained, used or permitted to be used, and no structure shall be hereafter maintained, erected, constructed, moved, recon- structed or structurally altered or permitted to be erected, con- structed, moved, reconstructed or structurally altered for any purpose in a GP district which is designed, arranged, or in- tended to be used or occupied for any purpose other than the following: (1) Public parks, playgrounds and buildings, and struc- tures supplementary and incidental to such uses; (2) Fire stations; Supp.No. 154 1025 88-284.22 DADE COUNTY CODE ; 83.28428 (3) Police stations; (4) Public auto inspection stations; (5) Public water and sewer treatment and distribution fa- cilities; (6) Public libraries; (7) Public buildings and centers; (8) Public hospitals, nursing homes and health facilities; (9) Public auditoriums, arenas, museums, art galleries and (10) Mammum and minimum detention facilities; (11) Solid waste collection and disposal facilities; (12) Public maintenance and equipment yards; (13) Public bus stations and rapid transit stations and fa- cilities; (14) And other similar governmental uses. (Ord. No. 76-36, § 1, 4-20-76) Sec. 33-284.23. Designation of property. All governmental property in the unincorporated area of Dade County heretofore and hereafter purchased and/or des- ignated for a governmental use shall be so noted in the public records and maps of the Dade County Building and Zoning De- partment. If a specific governmental use or uses has or have been designated pursuant to section 33-303 of the Code for a particular property, the public records and maps of the Dade County Building and Zoning Department shall so reflect said designation(s). All land subject to the permitted uses enumer- ated in section 33-284.22(a) and owned in fee simple by a governmental entity shall be designated as governmental property. The designation GP shall be deemed an overlay zoning district and shall be in addition to any other zoning • district by which the property is designated. If applicable, a GP district shall automatically revert to its other district classification if the property is no longer utilized as provided in section 33-284.22(a) of the Code. (Ord. No. 76-36, § 1, 4-20.76;Ord.No.77-24, 1,4-19-77) Supp.No. 154 1026 1 1 i {l 1 i 11 4.07 CHARTER 1 5.01 J mendations thereon with a view to coordinating such municipal systems with one another and with those of the county. Sec. 4.08. Boards. (A) The Board of County Commissioners shall by ordi- nance create a Planning Advisory Board, a Zoning Appeals Board, and such other boards as it may deem necessary, pre- scribing in each case the number, manner of appointment, length of term, and advisory or quasi-judicial duties of mem- bers of such boards, who shall serve without compensation but who may be reimbursed for necessary expenses incurred in official duties, as may be determined and approved by the Board of County Commissioners. (B) The Board of County Commissioners may by ordinance provide for the expansion of the City of Miami Water and Sewer Board to an agency county-wide in scope and authority, with the power to acquire, construct and operate water and sewer systems within the incorporated and the unincorporated areas of Dade County, which agency shall be known as the Miami-Dade Water and Sewer Authority. The Miami-Dade Water and Sewer Authority shall have the responsibility to develop and operate a county-wide water and sewer system for the purpose of providing potable water, sewage collection and disposal and water pollution abatement to the citizens of Dade County. (C) Dade County shall retain all its powers, including but • not limited to that of eminent domain, in relation to the cre- ation of a county-wide water and sewer system, for the pur- pose of cooperating with the Miami-Dade Water and Sewer Authority. Editor's note—Sec. 4108 was amended by vote of the electorate on Oct: 3, 1972, adding thereto paragraphs (B) and (C). ARTICLE 5. MUNICIPALITIES Sec. 5.01. Continuance of municipalities. The municipalities in the county shall remain in existence so long as their electors desire. No municipality in the county Supp. No. 12. 26 JK 5.01 DADE COUNTY CODE a 5.03 shall be abolished without approval of a majority of its electors voting in an election called for that purpose. The right of self determination in local affairs is reserved and preserved to the municipalities except as otherwise provided in this Charter. Annotation—Municipal Autonomy Amendment. Supreme Court held that proposed autonomy amendment to Home Rule Charter whereby mu. nicipalities in county would maintain continuous right to exercise all powers whether granted by own charter, by special act or general state statute was invalid and unconstitutional in part, but not to such an extent that submission of the amendment to the electorate was improper. Dade County and Cicero and Girtman v. Dade County League of Munici• palities,Fla., 104 So.2d 512. Sec. 5.02. Municipal powers. Each municipality shall have the authority to exercise all powers relating to its -local affairs not inconsistent with ,,,,this Charter.- Each-municipality may-_provide for higher standards of zoning, service, and regulation than those pro-- vided by the Board of County Commissioners in order that its individual character and standards may be pre served for its citizens. Sec. 5.03. Municipal charters. (A) Except as provided in Section 5.04, any municipality • in the county may adopt, amend, or revoke a charter for its own government or abolish its existence in the following manner. Its governing body shall, within 120 days after adopting a resolution or after the certification of a petition of ten per cent of the qualified electors of the municipality, draft or have drafted by a method determined by municipal ordinance a proposed charter, amendment, revocation, or abolition which shall be submitted to the electors of the municipalities. Unless an election occurs not less than 60 nor more than 120 days after the draft is submitted, the proposal shall be submitted at a special election within that time. The governing body shall make copies of the proposal available to the electors not less than 30 days before the election. Alternative proposals may be submitted. Each pro- posal approved by a majority of the electors voting on such proposal shall become effective at the time fixed in the proposal. Supp. No. 12" 26 Y, 5.08 CHARTER 5.05 (B) All municipal charters, amendments thereto, and re- peals thereof shall be filed with the Clerk of the Circuit Court. Sec. 5.04. Changes in municipal boundaries. (A) The planning director shall study municipal bounda- ries with a view to recommending their orderly adjustment, improvement, and establishment. Proposed boundary changes may be initiated by the Planning Advisory Board, the Board of County Commissioners, the governing body of a munici- pality, or by a petition of any person or group concerned. (B) The Board of County Commissioners, after obtaining the approval of the municipal governing bodies concerned, after hearing the recommendations of the Planning Advisory Board, and after a public hearing, may by ordinance effect boundary changes, unless the change involves the annex- ation or separation of an area of which more than 250 resi- dents are electors, in which case an affirmative vote of a majority of those electors voting shall also be required. Upon any such boundary change any conflicting boundaries set forth in the charter of such municipality shall be considered amended. (C) No municipal boundary shall be altered except as pro- vided by this Section. Sec. 5.05. Creation of new municipalities. • The Board of County Commissioners and only the Board may authorize the creation of new municipalities in the un- incorporated areas of the county after hearing the recom- mendations of the Planning Advisory Board, after a public hearing, and after an affirmative vote of a majority of the electors voting and residing within the proposed boundaries. The Board of County Commissioners shall appoint a charter commission, consisting of five electors residing within the proposed boundaries, who shall propose a charter to be sub- mitted to the electors in the manner provided in Section 5.03. The new municipality shall have all the powers and 3upp. No. 134 27 5.05 DADE COUNTY CODE 7.01 rights granted to or not withheld from municipalities by this Charter and the Constitution and general laws of the State of Florida. Sec. 5.06. Contracts with other units of government. Every municipality in this county shall have the power to enter into contracts with other governmental units with- in or outside the boundaries of the municipality or the county for the joint performance or performance by one unit in behalf of the other of any municipal function. Sec. 5.07. Franchise and utility taxes. Revenues realized from franchise and utility taxes imposed by municipalities shall belong to municipalities. ARTICLE 6. RESERVED* ARTICLE 7. INITIATIVE, REFERENDUM, AND RECALL Sec. 7.01. Initiative and referendum. The electors of the county shall have the power to pro- pose to the Board of County Commissioners passage or repeal of ordinances and to vote on the question if the Board refuses action, according to the following procedure: (1) The person proposing the exercise of this power shall submit the proposal to the Board which shall without delay approve as to form a petition for circulation in one or several copies as the proposer may desire. (2) The person or persons circulating the petition shall, within 60 days of the approval of the form of the petition, obtain the valid signatures of voters in the county in numbers at least equal to four percent of the registered voters in the county on the day on which *Note--Article 6, pertaining to the metropolitan court, was deleted by the electorate on June 7, 1977. Supp.No. 134 28 §33-1 ZONING §33-1 Art. XXXIIIC. GP,Governmental Property,§§33-284.22,33-284.23 Art. XXXIIID. Planned Area Development District(PAD),§§33.284.24- 33.284.28 Art. XXXIIIE. Office Park District(OPD),§§33-284.29-33-284.40 Art. XXXHIF. Zero-Lot Line Developments(ZLL),§§33-28441-33.284.44 Art. XXXIIIG. Northwest Wellfield Zoning Overlay District,§33.284.45 Art. XXXIV. Fees,§§33-285-33-291 Art. XXXV. Homestead Air Force Base Zoning,§§33-292-33-301 Art. XXXVI. Zoning Procedure,§§33-302-33-329 Art. XXXVII. Miami International Airport (Wilcox Field) Zoning, §§ 33.330-33455 Art. XXXVHI. Opa Locka Airport Zoning,§§33-356-33-371 Art. XXXIX. Homestead General Aviation Airport Zoning,§§33-372-- 33387 Art. XL. New Tamiami Airport Zoning,§§33-388-33.403 ARTICLE I. IN GENERAL Sec. 33-1.-_Definitions.:_Jx For the purpose-of_this chapter, the following definitions-for T terms used herein'shall apply to all sections of this chapters ;%-'unless the context clearly indicates otherwise: r (1) Accessory building. A secondary residence, garage, or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal build- . ing but pertaining to the use of the main building. An accessory building may include servant's quarters unless prohibited by existing deed restrictions.Also see Guesthouse. Supp.No.169 830.1 f�� ►� 5 i ,I I §33-1 ZONING §33-1 Art. XXXIIIC. GP,Governmental Property,§§33-284.22,33-284.23 Art. XXXIIID. Planned Area Development District(PAD),§§33.284.24-- 33-284.28 Art. XXXIIIE. Office Park District(OPD),§§33.284.29-33-284.40 Art. XXXIIIF. Zero-Lot Line Developments(ZLL),§§33-284.41--33-284.44 Art. XXXIIIG. Northwest Wellfield Zoning Overlay District,§33.284.45 Art. XXXIV. Fees,§§33-285-33-291 Art. XXXV. Homestead Air Force Base Zoning,§§33-292-33-301 Art. XXXVI. Zoning Procedure,§§33-302-33-329 Art. XXXVII. Miami International Airport (Wilcox Field) Zoning, §§ 33-330-33.355 Art. XRXVIII. Opa Locka Airport Zoning,§§33-356-33-371 Art. XXXIX. Homestead General Aviation Airport Zoning,§§33-372— 33-387 Art. XL. New Tamiami Airport Zoning,§§33.388-33.403 ARTICLE I. IN GENERAL Sec. 33-1. Definitions. , For the purpose of this chapter, the following definitions for terms used herein shall. apply to all sections of this chapter unless the context clearly indicates otherwise: (1) Accessory building. A secondary residence, garage, or other building or structure on a lot or parcel subordinate to and not forming an integral part of the main or principal build- . ing but pertaining to the use of the main building. An accessory building may include servant's quarters unless prohibited by existing deed restrictions.Also see Guesthouse. Supp.No.169 $30.1 33-300 DADE COUNTY CODE § 33-302 dollars ($500.00) or by imprisonment, and each day a viola- tion continues to exist shall constitute a separate offense. (Ord. No. 68-33, § 1, 5-21-68) Sec. 33-301. Severability. If any of the provisions of this article or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the resolu- tion which can be given effect without the invalid provisions or applications, and to this end the provisions of this article _ are declared to be severable. (Ord. No. 68-33, § 1, 5-21-68) ARTICLE—XXXVI._ ZONING_ PROCEDURE> Sec. 33-302. Definitions. In construing the provisions hereof and each and every word, term, phrase or part thereof where the context will permit the definitions provide/d in Section 1.01, Florida Stat- utes, and Chapter 33 of the Code of Metropolitan Dade County, Florida, and the following additional definitions, shall apply: (a) Comprehensive development master plan. The words "comprehensive development master plan" shall mean and refer to the .comprehensive development mister plan for Metropolitan Dade County adopted by Ordi- nance No. 75-22 on March 31, 1975, or as amended. (b) Conforms to the comprehensive development master plan. The words "conforms to the comprehensive devel- opment master plan" shall mean and refer to zoning request or action which is consistent with the goals, objectives, standards and policies of the comprehensive development master plan. *]Editor's note—This article is derived from Ord. No. 61-30, enacted June 27, .1961, effective 60 days after enactment, which amended said article and Ord. No. 60-14, as amended by Ord. No. 61-11, from which the article was originally derived. Cross reference—Procedure for preparation and adoption of neighbor- hood or area studies, §§'.2-116.2-2-116.9. Supp. No. 119 1046.2 j XX X V j f I § 33-302 ZONING § 33-302 (c) Development. The word "development" shall mean and refer to the carrying out of any use permitted on land by applicable zoning regulations (i.e., Chapter 33 of Code of Metropolitan Dade County, Florida) or making any material change in the use or character of the land, including, but not limited to, the placement of structure or structures on land. When appropriate to the con- text, development refers to the act of zoning or rezon- ing through district boundary changes, site or plot use approvals, or otherwise, which authorizes or permits development of the land. (d) Developments of county impact. The words "develop- ments of county impact" shall mean and refer to any development which, because of its character, magnitude or location, would have a substantial effect upon the health, safety and welfare of the citizens of Metro- politan Dade County, Florida. Development activity meeting one of the criteria specified in section 33-304 (d) is declared to be a development of county impact. (e) Developmental impact committee (committee). The words "developmental impact committee (committee)" shall mean and refer to the Dade County administra- tive committee, created by Ordinance No. 74-47, adopt- ed on June 18, 1974. (f) Land. The word "land" shall mean and refer to earth, water and air above, below or on the surface. (g) Director. The word "director" shall mean the director of the building and zoning department. (h) Department. The word "department" shall mean the building and zoning department of Dade County, Flor- ida. (i) District. The word "district" shall mean and refer to the various zoning districts provided by Chapter 33 of the Code of Metropolitan Dade County, Florida. (j) District boundary maps. The words "district boundary maps" shall mean those maps kept on file in the build- ing and zoning department showing the boundaries of Supp. No. 179 1046.3 I § 33-302 DADE COUNTY CODE § 33-302 the various districts, and more particularly described in section 33-3 of the Code of Metropolitan Dade County, Florida. (k) Record. The word "record" when pertaining to the record of any board shall mean and include any application, ex- hibits, appeal papers, written objections, waivers or con- sents, considered by such board, transcript or stenographic notes taken for the department at a hearing held before such board, if any, the board's minutes and resolution showing its decision or action, and if the record of a lower board is transmitted to a higher board, the record of the I igher board shall include that of the lower board. The word "record" shall also include any and all applicable portions of Chapter 33 of the Code of Metropolitan Dade County, Florida, the report and recommendations of the planning director, building and zoning director and the developmental impact committee; the comprehensive de- velopment master plan for Metropolitan Dade County, Flor- ida; and Ordinance No. 75-22, or as amended, or applicable neighborhood or area studies or plans approved by action of the board of county commissioners, as well as applicable district boundary maps, aerial photographs and final zon- ing resolutions. It shall also include the record made as a result of any previous zoning application on the same prop- erty. The clerk of the county commission shall identify all exhibits used or referred to at the zoning hearing. All exhibits so identified or introduced shall be a part of the record. The record shall not include economic reports or studies, real estate appraisals or reports, and/or written reports of zoning consultants not filed in accordance with the provisions of section 33-315 of the Code, or any oral testimony or written reports or documents which were not filed in accordance with the provisions of section 2-114.1 of the Code. (1) Regulations or zoning regulations. The word "regula- tions" or the words "zoning regulations" shall mean and refer, to the contents of Chapter 33 of the Code of Metropolitan Dade County, Florida, as from time to time amended. Supp. No. 179 1046.4 V33-302 ZONING § 33-302 (m) Administrative official. The words "administrative official" shall mean the director and any staff member of.the department authorized by the director to enforce or interpret the regulations or various zoning resolu- tions. (n) Public benefit. The words "public benefit" shall mean and refer to a development which, after consideration of all of its aspects (including but not limited to envir- onmental, impact on facilities, economic and social) would be consistent with and not detrimental to the welfare of the community. (o) Unit. The word "unit" shall mean and refer to houses, apartments, group of rooms, or a single room occupied or intended for permanent or transient occupancy as separate living quarters. (p) Citizen participation. The words "citizen participation" shall refer to the suggestions and comments of respon- sible and recognized persons and groups to the devel- opmental impact committee during the deliberative processes and prior to final recommendations on appro- priate developments. Citizen participation shall not refer to public hearings or adversary proceedings of any nature before the developmental impact committee. The developmental impact committee shall prepare ap- propriate guidelines involving citizen participation in the process. (q) Zoning actions. The words "zoning action" shall refer to any action pursuant to Chapter 33 of the Code of Metro- politan Dade County taken after a public hearing. (r) Independent development parcel. The words `independent development parcel" shall refer to a development parcel which is buildable in one or more phases, which parcel has parking, an independent circulation system, and suf- ficient identity to be developed independently of surround- ing property. A development parcel may consist of one or more platted tracts, developed as a single independent development parcel. (Ord. No. 60-14, 4-19-60; Ord. No. Supp. No. 179 1046.5 33-303 DADE COUNTY CODE § 33-303 61-30, § 1, 6-27-61; Ord. No. 75-47, § 1, 6-18-75; Ord. No. 77-40, § 2, 6-21-77; Ord. No. 83-59, § 1, 7-19-83; Ord. No. 89-10, § 3, 2-21-89) Sec. 33-303. Exclusive procedure. (a) e pr c_ duce=provided'herein-shall be-exclusive in they T-unincorporated area of the courit_y; provided, however, that; unless a governmental facility is authorized-as-a designate"d permitted'use in a zoning district, Metropolitan Dade County L and its agencies and authorities shall-not- be "bound by the procedures herein contained in constructing, erecting or op- erating-i nygovernmental facility listed below. in the unin- f­c-ofporated area of(Metropolitan Dade County; and the board of county commissioners may establish any governmental fa- cility listed as follows where the board may direct without regard to the zoning or use classification of any particular site or location: public parks, playgrounds and buildings, and structures supplementary and incidental to such uses; fire stations; police stations; public auto inspection stations; public water and sewer treatment and distribution facilities; public libraries; public buildings and centers; public hospi- tals, nursing homes and health facilities; public auditoriums, arenas, museums, art galleries and convention halls; maximum and minimum detention facilities; solid-waste collection and disposal facilities; public maintenance and equipment yards; public bus stations and rapid-transit stations and facilities; and uses determined by the board of county commissioners to be similar to those listed above. O) LThe-board'_of county_commissioners-may'-only authorize -the"erection, construction -and-operation of the governmental ffacilities- enumerated -in subsection (a)- above, by -resolution ifollowing public- hearing. -The--said-public-hearing shall bey rheld`-upon at least fifteen (15) days' notice-of the time and- . place of--such hearing published in a newspaper of general circulation in--Dade_County, which publication shall include the , time and place of hearing before the board of county com- missioners.-A courtesy notice containing general information as to the date, time, and place of the hearing, the property location and general nature of the application may be mailed to the prop- Supp. No. 179 1046.6 § 33-303 ZONING § 33-303 erty owners of record, within a radius of three hundred (300) feet of the property described in the application, or such greater dis- tance as the director may prescribe; provided, however, that fail- ure to mail or receive such courtesy notice shall not affect any action or proceeding taken hereunder. To provide additional no- tice to the public, the property shall be posted by a sign or signs indicating the action desired and the time and place of the public hearing thereon. Failure to post such property shall not affect any action taken hereunder. At the public hearing the board of county commissioners shall consider, among other factors, the type of function involved, the public need therefor, the existing land use pattern in the area, alternative locations for the facility and the nature of the impact of the facility on the surrounding property. After considering these said factors, the board of county commissioners shall take such action as is necessary to provide for and protect the public health, safety and welfare of the citi- zens and residents of Metropolitan Dade County. (1) In the event the board of county commissioners authorizes the construction, erection, use or operation of a govern- mental facility in accordance with the procedures deline- ated above, or in the event the board otherwise determines that county-owned property should be utilized by the county for a particular public purpose, the property shall be posted by-a sign or signs conspicuously-located thereon indicating ,'"the governmental facility or use authorized for-the proper- , ty. Such sign or signs may be removed upon the commence- ment of construction. The county manager or designee shall periodically check the property to ensure that the signs provided for in this subsection remain in existence and accurately depict the proposed use of the subject prop- erty. This subsection shall be construed as directory only and failure to comply with the provisions hereof shall not affect the validity of the county commission's action au- thorizing the use of the property for the designated purposes. (c) The procedure established by this chapter shall be the ex- clusive procedure when applicable to any airport zoning regula- tions in both the unincorporated and incorporated areas of the county, and no application for a district boundary change, change in zoning regulations, appeals of administrative decisions, spe- Supp. No. 179 1046.6.1 § 33-303 DADE COUNTY CODE § 33-303.1 cial exceptions or unusual and new uses or variances shall be considered or granted by any county board or commission unless the same is provided for by this chapter and only by the proce- dure and method so provided; provided, however, the board of county commissioners may change the zoning regulations with- out following the procedure provided therefor in this article; pro- vided however, that no such change will be made unless the written recommendation of the directors of the building and zon- ing and the planning departments are first considered by the board. No special permit shall be considered or granted by any county board or commission. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 66-66, § 1, 12-20-66; Ord. No. 74-68, § 1, 9-3-74; Ord. No. 75-94, § 1, 11-4-75; Ord. No. 79-30, § 1, 4-17-79; Ord. No. 81-113, § 1, 10-6-81; Ord. No. 87-29, § 1, 5-19-87) Sec. 33-303.1. €Developmentalimpact committee? (A) There is hereby established a developmental impact com- mittee composed of fifteen (15) members representing the follow- ing county departments and agencies: (1) Public works department, consisting of a representative of the highway planning division and a representative of the subdivision control division. (2) Planning department, consisting of a representative of the development planning division and a representative of the research division. (3) Building and zoning department. (4) Parks and recreation department. (5) Environmental resources management department. (6) Miami-Dade Water and Sewer Authority. (7) Metro-Dade Police Department. (8) Fire department. (9) Dade County Transportation Administration. Supp. No. 179 1046.6.2 § 33-303.1 ZONING § 33-303.1 (10) Capital improvements division. (11) Solid waste collection department. (12) The county manager shall invite the school board of Dade County, Florida and the South Florida Water Management District each to assign a permanent representative to the developmental impact committee who shall remain perma- nent employees of the school board and the district re- spectively. (13) Whenever the developmental impact committee is to con- sider a development of county impact that is proposed in a municipality, representatives of the municipal government shall be invited to serve and participate as ex officio mem- bers of the committee upon all matters relating to the said development. (14) Adjustments in the number of representatives on and com- position of the developmental impact committee shall be by administrative order submitted by the county manager and approved by the board of county commissioners. (B) The county manager shall assign to the developmental impact committee, an assistant county manager who shall serve as chairman of the committee. The chairman shall discharge such other duties and functions as conferred upon him by the county manager and this section. The chairman, the director of the building and zoning department, the director of the planning department, the director of environmental resources management and the.director of the public works department shall constitute the executive council of the developmental impact committee. The executive council shall discharge such duties and functions as conferred by the Code of Metropolitan Dade County, Florida and by ordinances, rules and regulations approved by the board of county commissioners. (C) Each named department shall appoint a representative or representatives to the committee who shall serve full-time in that capacity unless otherwise permitted by the chairman. The chairman and members of the committee shall be furnished with such administrative and clerical assistance as the county man- ager deems necessary. They shall sit en banc and shall hold such Supp. No. 179 1046.6.3 § 33-303.1 DADE COUNTY CODE § 33-303.1 meetings as required by the chairman or as prescribed by this section. (D) Duties of the developmental impact committee. The devel- opmental impact committee shall perform the following duties: (1) Review all developments of county impact and recommend, where applicable, whether; and the extent to which: (a) The development, as proposed, conforms to the comprehensive development master plan for Metro- politan Dade County, Florida, and is consistent with the recommendations of any applicable neigh- borhood or area studies or plans which have been approved by action of the board of county com- missioners, or is otherwise compatible with the ex- isting area or neighborhood development: (b) The development would serve a public benefit; (c) The development, as proposed, will have a favor- able or unfavorable impact on the environment and natural resources of Metropolitan Dade County, including a consideration of the means and esti- mated cost necessary to minimize the adverse im- pacts, if any; the extent to which alternatives to alleviate adverse impacts may have a significant impact on the natural and human environment, and an identification of any irreversible or irretriev- able commitment of natural resources which would be involved should the development be implement- ed; (d) The development, as proposed, will have a favor- able or unfavorable impact on the economy of Met- ropolitan Dade County, Florida; (e) The development, as proposed, will efficiently use or unduly burden water, sewer, solid waste dis- posal, education, recreation or other necessary pub- lic facilities which have been constructed or planned and budgeted for construction in the area; (f) The development, as proposed, will efficiently use or unduly burden or affect public transportation facilities, including mass transit, public streets, Supp. No. 179 1046.6.4 .133-303.1 ZONING 4 33-303.1 roads and highways, which have been planned and budgeted for construction in the area, and if the development is or will be accessible by private or public roads, streets, or highways. (2) Review and make recommendations concerning all appli- cations for development approval of a development of re- gional impact and notices of change to a previously ap- proved development of regional impact which would change in any respect the conditions existing in a current devel- opment order, resolution or declaration of restrictions gov- erning land development. (3) Review and make recommendations upon, pursuant to the criteria stated in (DX1), those applications for zoning ac- tion or "development" as defined in section 33-302 which do not constitute developments of county impact but which, if granted, could result in developments having a signifi- cant impact on the natural and human environment of Metropolitan Dade County, Florida. Such developments shall include but not be limited to those listed in section 33-303.1(DX6Xa)1 through 8. (4) Identify and develop guidelines, and propose rules and regulations concerning the preparation of recommendations to the board of county commissioners required by (DX1), (3) and (6Xc); provided, however, that, as a minimum stand- ard, all recommendations shall fully specify the basis for the conclusions reached as to each item listed in section 33-303.1(DX1), (3) and (6Xc). Where a development would have only a neutral impact in terms of the aforesaid items, the recommendation shall so specify. (5) Upon request, assist the directors of building and zoning and planning in the preparation of written recommenda- tions to the board of county commissioners as required by Chapter 33 of the Code of Metropolitan Dade County. The nature and extent of such assistance shall be established by the executive council, after consultation with the direc- tors of building and zoning and planning, and shall be specified and adopted as part of the committee's rules and regulations, as herein prescribed. Supp. No. 176 1046.6.5 § 33-303.1 DADE COUNTY CODE § 33-303.1 (6) Review and make recommendations concerning county zon- ing actions, with the exception of applications which seek only-non-use variances and/or a modification of a condi- tion(s) or covenant(s) and which do not approve a change of use or an increase in the floor area for any and all nonresi- dential uses(s), which are: (a) Required by the regulations to be taken after public hearing, and which would allow individually, or cu- mulatively within an independent development parcel: 1. Residential developments involving in excess of two hundred fifty (250) dwelling units. 2. Business uses involving in excess of ten.(10) acres or one-hundred tho_dsand(100,000) square feet of,,' retail floor-area;or one thousand(1,000) vehicle off-street parking space capacity. 3: Recreational, cultural, or entertainment facilities involving in excess of one thousand(1,000) vehicle off-street parking space capacity for single perfor- mance or twenty (20) acres. 4. Office buildings or office complexes involving in excess of one hundred twenty-five thousand(125,000) square feet of floor space, or one thousand (1,000) vehicle off-street parking space capacity. 5. Industrial, processing or manufacturing activity involving fifty (50) acres, or five hundred (500) vehicle off-street parking space capacity. 6. Hotel and/or motel developments involving in ex- cess of two hundred fifty (250) units. 7. All planned area developments. 8. Mixed-use developments with two (2) or more of the land use types specified in 1. through 6. above where none of the individual land uses in the development meet or exceed the thresholds listed in 1. through 6. above and where the sum of the percentages of the appropriate thresholds listed in 1. through 6. above for each applicable land use in the development is greater than one hundred thirty (130) per cent. Where a development addresses more than one threshold within a particular land Supp. No. 176 1046.6.6 § 33-303.1 ZONING § 33-303.1 use type listed in 1. through 6. above, then the threshold in that land use type which generates the highest percentage shall be utilized in the calculation .of the total mixed-use percentage for the subject development. (b) Required by the regulations to be taken after public hearing, which zoning action would change in any respect an existing resolution pertaining to an appli- cation reviewed by the developmental impact commit- tee, and is presumed to constitute a substantial deviation. Supp. No. 176 1046.6.6.1 § 33-303.1 ZONING § 33-303.1 All such applications for change shall be presumed to request substantial deviation, unless the requested ac- tion neither equals, exceeds, or conflicts with either of the following limitations and standards: 1. An increase in the number of dwelling units of twenty (20) per cent or one hundred (100) units, whichever is less. 2. An increase in the floor area for nonresidential uses of twenty (20) per cent or thirty thousand (30,000) square feet, whichever is less; The foregoing presumption of substantial deviation shall not apply whenever the executive council deter- mines that the requested modification.would not con- stitute a potential negative impact under the guide- lines of section 33-301.1(DX1). The determination by the executive council shall be final and not subject to administrative appeal. There shall be no right of judi- cial review until after final action on the application by the board of county commissioners. (c) The committee shall recommend to the applicable board whether, and to the extent to which, the development permitted by the approval of zoning action referred to in Wa) and (b) above will efficiently use or unduly burden water, sewer, solid waste disposal, education, recreation or other necessary public facilities or public transportation facilities, including roads, streets and highways, which have been constructed or planned and budgeted for construction in the area, and whether the proposed development will have a favorable or unfavorable impact on the economy of Dade County, Florida. (d) No public hearing shall be held by any board on any application for zoning action approval subject to re- view by the developmental impact committee until the committee has made its recommendations with regard thereto. (e) The committee shall promulgate rules and regulations establishing guidelines, criteria and procedures for the expeditious review of all said zoning actions involving site or plot use plans. In establishing such criteria, the Supp. No. 172 1046.6.7 § 33-303.1 DADE COUNTY CODE § 33-303.1 committee is instructed to encourage originality, in- crease residential amenities, enhance the appearance of the neighborhood, and, where possible, to preserve the natural features and encourage the best utiliza- tion of the land for the benefit, use, and enjoyment of future residents and owners of the property consistent with the overall good of the community. (7) Issue letters of interpretation as to whether an application would permit a "development of county impact." (8) Assist the planning department in the preparation of a development manual prescribing uniform standards of, and procedures for, development in Metropolitan Dade County. (9) Establish, and from time to time amend, rules and regula- tions relating to the preparation of site plans, and other matters, which will assist the general public in complying with the provisions of this section, or such other ordinan- ces relating hereto as may be enacted; provided, however, that such rules and regulations, and amendments thereto, shall only become effective when approved by the board of county commissioners following public hearing thereon and filed with the clerk of the county commission. (10) Serve, in their individual capacities as committee mem- bers, as liaison to the respective county departments or agencies on all matters herein prescribed. (11) Render preliminary opinions, following preapplication con- ferences, if requested, on development impacts of zoning applications as established by rule and regulation. (12) Assist in the preparation and updating of a capital improvement program for Metropolitan Dade County. (13) Encourage in any manner deemed appropriate by the development impact committee responsible citizen contributions to its deliberative processes prior to making final recommendations to the board of county commissioners. (14) Perform such other functions as prescribed by the county manager. Supp. No. 172 1046.6.8 § 33-303.1 ZONING § 33-304 . (15) Recommend a reasonable review fee to be established by administrative order. No such administrative order shall be effective until approved at a public hearing before the Dade County Board of County Commission- ers. (16) Serve as the land development regulation commission as provided for in section 163.3164, Florida Statutes, and develop, recommend and review land development regula- tions, or amendments thereto, and make recommendations to the board of county commissioners as to the consistency of the proposal with the comprehensive development mas- ter plan. (Ord. No. 75-47, § 2, 6-18-75; Ord. No. 76-51, § 1, 6-1-76; Ord. No. 76-56, § 1, 6-15-76; Ord. No. 76-107, § 2, 12-7-76; Ord. No. 77-3, § 1, 1-4-77; Ord. No. 80-93, § 1, 9-16-80; Ord. No. 82-4, § 2, 2-2-82; Ord. No. 83-59, § 2, 7-19-83; Ord. No. 87-48, § 1, 7-7-87; Ord. No. 88-50, § 1, 6-7-88; Ord. No. 89-10, § 4, 2-21-89; Ord. No. 89-66, § 2, 7-11-89) Editor's note—Section 2 of Ord. No. 89-66, adopted July 11,1989, added sub- section(DX15), which the editor has redesignated(16)since subsection(D)already contained a paragraph (15). Sec. 33-304. Applications. (a) All requests for a district boundary change, changes in the zoning regulations, appeals of administrative decisions, special exceptions or unusual uses, new uses, and variances, shall be made by filing an application therefor with the director on appli- cation forms prescribed by him or by rule and regulation of the developmental impact committee. Forms shall include, but not be limited to, disclosure forms for corporations, trusts, and partner- ships, and disclosure of information regarding contract purchasers and their percentage(s) of interest. Disclosure shall not be re- quired of any entity, the equity interests in which are regularly traded on an established securities market in the United States or another country or where ownership interests are held in a limited partnership consisting of more than five thousand (5,000) separate interests and where no one person or entity holds more than a total of five (5) per cent of the ownership interest in the limited partnership. Disclosure forms shall be established by ad- Supp. No. 182 1046.6.9 § 33-304 DADE COUNTY CODE § 33-304 ministrative order to be approved by the board of county commis- sioners. Such disclosure forms shall be included in the agendas distributed to the board of county commissioners in connection with the public hearing on the application. Where applicable, requests shall specify whether, and the extent to which, the re- quested change in land use or proposed development conforms to the comprehensive development master plan for Metropolitan Dade County, Florida. Upon the withdrawal or final denial of a zoning application with prejudice in whole or in part, a period of one (1) year must run prior to the filing of a subsequent applica- tion. However, if the decision of the board taking any such final action is without prejudice or permits the withdrawal without prejudice, an application may not be filed for a period of six (6) months unless specifically provided otherwise by the appropriate board at the time of the decision when good cause is shown by the applicant; provided, that such periods of limitation shall not com- mence to run until the decision has been rendered by the last board to consider the application; and provided, further, that such limitations shall not apply to applications filed by the director or the planning director; and further, provided that the one-year period of limitation shall be increased to a two-year waiting pe- riod in the event such an application in whole or in part has been twice or more denied or withdrawn. An application may be with- drawn without prejudice by the applicant as a matter of right, provided the request for withdrawal is in writing and executed in the same manner as provided by section 33-309 for the executing of application, and filed with the department prior to the mailing of courtesy notices, as provided by section 33-310; otherwise all such requests for withdrawal shall be with prejudice save and except that the zoning appeals board or the board of county com- missioners may permit withdrawals without prejudice at the time the matter is considered by such boards; provided, further, no application may be withdrawn after final action has been taken. ;b) All zoning applications delineated in this chapter, with the exc,tption of administrative variances, may only be filed and accepted for filing during the first seven (7) days of each month. The first. seven (7) days of each month shall include all legal holidays, Saturdays and Sundays. Administrative variances may be filed at any time. Supp. No. 182 1046.6.10 § 33-304 ZONING § 33-304 kc) At the end of each said time period set forth in subpart (b) t iiE director shalt promptly identify and group those applications for district boundary changes, use special exceptions, unusual and new uses and use variances which relate to or affect any particular or immediate neighborhood or area as determined by the director, and, to the extent possible, shall notice public hear- ings thereon, in accordance with section 33-310 of the Code of Metropolitan Dade County, so as to allow the appropriate board to consider and determine the effect of the said applications on the said neighborhood or area as a whole and their relation to and conformity with the comprehensive development master plan. (d) All applications for zoning action which would permit, if granted, development activity that meets one of the following criteria are hereby declared "developments of county impact": (1) Residential apartment developments involving in excess of eight hundred (800) units; (2) All planned developments (provided by Article XXXIIIB) or cluster developments (provided by Article XXXIIIA) in- volving in excess of eight hundred (800) units; (3) Business uses involving in excess of thirty (30) acres or one hundred fifty thousand (150,000) square feet of retail floor area, or one thousand five hundred (1,500) vehicle off-street parking space capacity; (4) Mobile home parks involving in excess of eight hundred (800) mobile home units; (5) Townhouse developments involving in excess of one hundred (100) acres or eight hundred (800) units; (6) Recreational, cultural, or entertainment facilities, ex- clusive of golf courses, involving in excess of one thou- sand five hundred (1,500) vehicle off-street parking space capacity for single performances or fifty (50) acres; (7) Office buildings or office complexes involving two hundred fifty thousand (250,000) square feet of floor space, or one thousand five hundred (1,500) vehicle off-street parking space capacity; Supp. No. 182 104 6.6.11 § 33-304 DADE COUNTY CODE § 33=304 (8) Industrial,processing or manufacturing activity involving in excess of one hundred (100) acres, or one thousand '1,000) vehicle off-street parking space capacity; (9) Hotel and/or motel developments involving in excess of five hundred (500) units; (10) Detached single-family development involving in excess of eight hundred (800) units. If any applicant is in doubt as to whether his proposed devel opment would be a development of county impact, he may re- quest a determination from the developmental impact commit- tee. Within thirty'(30) days of the receipt of such request, the chairman, on behalf of the developmental impact committee, shall issue a letter of interpretation with respect to the proposed de- velopment. Where an application seeks only a special exception for site or plot use plan approval, the developmental impact committee may require completion of a site plan application on a form prescribed by rule and regulation. (e) Amendments to ail application shall be permitted ; pro- vided that, unless otherwise requested, suggested or concurred in by the developmental impact committee, no substantial amendment shall be accepted by the director within thirty (30) clays prior to the f irst scheduled hearing on the .appli- cation by the appropriate .board or once the application has been heard and determined by the zoning appeals board ; provided further that an applicant may petition the appro- priate board to permit such amendment at the time of hearing on the application and such amendment shall be accepted if approved by majority vote-of those present upon good cause shown and provided it falls within the scope of the legal advertisement. In determining good cause, the appropriate board shall consider, among other factors, the timeliness of the amendrent and the degree of inconvenience or surprise to objectors to the application. (f) All planned area development applications shall adhere to the following procedures which shall be deemed exclusive notwithstanding any other section herein: The .building and zoning department shall submit the required exhibits for the Supp. No. 182 1046.6.12 § 33-304 ZONING § 33-304 total development plan to the developmental impact committee for review in accordance with standards and review procedures of the developmental impact committee. At a public hearing held by the county commission, the developer shall present his proposal. The county commission shall have before it the recommendations of the developmental impact committee. The county commission shall consider the information presented by the applicant, the recommendations of the developmental impact committee and viewpoints of the public expressed at the hearing. The county commission shall take formal action either approving the plan as presented, approving it subject to certain specified modifi- cations, or disapproving it. Upon approval, plans, documents and recordable development agreements shall be filed with the building and zoning department and recorded in the official records and shall thereby constitute the planned area develop- ment district. If the planned area development is approved with specific modifications, as incorporated in county com- mission resolution, those modifications shall be made by the applicant prior to filing documents and plans with the building and zoning department. Such filing shall be completed within sixty (60) working days from date of county commission action. Failure to do so shall nullify the county commission's action unless waived by formal vote of the Dade County Commission. The director of building and zoning department shall review all modifications in accordance with the county commission resolu- tion. The approved planned area development shall be indicated on the zoning map as would any other district boundary change. Review at the development tract level may then be initiated pursuant to the provisions of the planned area development dis- tricts. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 62-48, § 1A, 12-4-62; Ord. No. 63-12, § 1, 4-16-63; Ord. No. 71-35, § 1, 4-22-71; Ord. No. 74-20, § 1, 4-3-74; Ord. No. 74-40, § 1, 6-4-74; Ord. No. 75-47, § 3, 6-18-75; Ord. No. 76-107, § 1, 12-7-76; Ord. No. 78-16, §§ 1, 2, 3-21-78; Ord. No. 78-52, § 2, 7-18-78; Ord. No. 79-20, § 1, 3-6-79; Ord. No. 83-59, § 3, 7-19-83; Ord. No. 88-82, § 1, 9-6-88; Ord. No. 89-24, § 1, 4-4-89; Ord. No. 89-96, § 1, 10-17- 89) Supp. No. 182 1046.6.13 § 33-305 DADE COUNTY CODE § 33-305 Sec. 33-305. District boundary maps. The board of county commissioners shall by resolution adopt, approve and ratify the district boundary maps as originally adopted by Resolution No. 895 of August 2, 1938, and as modified, amended and changed by subsequent resolutions, and the director shall continue to maintain and keep on file in the department such maps showing thereon the boundaries of districts. The district boundary maps shall be amended, modified and changed by reso- lution as hereinafter provided, and shall be prima facie evidence of the boundaries of districts. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61) Cross reference—Section 33-3 refers to the zoning maps on file in the office of the building and zoning department and provides that changes in the boundaries shall be made in accordance with appropriate law. Supp. No. 182 1046.6.14 § 33-306 ZONING § 33-307 Sec. 33-306. Zoning appeals board—Establishment. (a) There is hereby established a zoning appeals board composed of nine (9) members appointed by the county com- mission. Each member shall be a qualified freeholder elector of Dade County, with an outstanding reputation for civic in- terest, community welfare, integrity and responsibility; pro- vided, no member shall be employed by Dade County, or. be a member of the county commission, and at least five (5) of the nine (9) members shall reside in the unincorporated area of Dade County. The members of such board shall serve without compensation but shall be entitled to reimbursement for necessary expenses incurred in the performance of their official duties, upon approval of the county commission. (b) This board is created and established pursuant to Sec- tion 4.08 of the Home Rule Charter, and for the purpose of facilitating the zoning powers granted by the Home Rule Charter to the Board of County Commissioners, and to pro- vide a board to hear, consider and review appeals from the zoning regulations or decisions of an administrative official, and to take appropriate action as in this article provided and limited. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 64-39, § 17, 9-1-64; Ord. No. 64-65, § 1, 12-15-64; Ord. No. 68-51, § 1, 9-19-68) Sec. 33-307. Zoning appeal board—Term of office. The term of office of the first members of the zoning ap- peals board shall be one (1) year for three (3) members, which shall expire on December 26, 1969; two (2) years for three (3) members, which shall expire on December 26, 1970; and three (3) years for three (3) members, which shall expire on December 26, 1971, with appointments thereafter to be for a term of three years, for each member; provided, each mem- ber shall hold office until his successor has been duly appoint- ed, except when removed by the county commission, and any member may be removed at any time by a majority vote of all the members of the county commission; however, whenever a member of the board shall fail to attend three (3) consecutive meetings without due cause, the chairman shall certify the Supp. No. 136 1046.7 § 33-307 DADE COUNTY CODE § 33-308 same to the county commission. Upon such certification, the member shall be deemed to have been removed and the county commission shall fill the vacancy by appointment. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 64-39, § 18, 9-1-64; Ord. No. 65-7, § 1, 1-26-65; Ord. No. 67-15, § 11, 3-7-67; Ord. No. 68-51, § 2, 9-19-68) Sec. 33-308. Zoning appeals board—Organization. The director shall serve as secretary for the zoning appeals board, shall be in attendance at all meetings as an advisor and be permitted to propound questions and give evidence and shall designate the time and place where it shall meet; provided, he shall have authority to designate a staff member of the department to act in this stead. The zoning appeals board shall elect a chairman and a vice-chairman from its members, each of whom shall serve until his successor is elected, unless removed from member- ship by the county commission. The first election shall be held within fifteen (15) days after the appointment of the zoning appeals board. The zoning appeals board may adopt rules and regulations for the conduct of its affairs, subject to the approval thereof by the county manager. The chairman, or vice-chairman, or acting chairman, may administer oaths and compel the attendance of witnesses in the same manner prescribed in the metropolitan court. No action shall be taken on any application unless a quorum of five (5) members is present, and only upon a majority vote of all members present and voting. Whenever a tie vote occurs, the matter shall be carried over to the next regularly scheduled meeting. Minutes will be kept of all meetings and proceedings and shall include and state the vote of each member on each question, and the motion shall state the reason upon which it is made; such reason or reasons being based upon the prescribed guides and standards and good zoning and planning principles. If a member is absent or abstains from voting, the minutes shall so indicate. The zoning appeals board shall keep accurate records of its public hearings which shall be filed, together with its minutes and Supp. No. 136 .1046.8 § 33-308 ZONING § 33-309 resolutions, with the department, and the same shall be open for public inspection at reasonable times and hours. The director shall furnish from the department such staff as may be necessary to .assist and advise the zoning appeals board in the fulfillment of its duties, and is authorized to retain a qualified reporter to record and transcribe the public hearing proceedings of the zoning appeals board, and shall provide county transportation for such board for the purpose of making inspections of sites involved in zoning applications.. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 62-18, § 1B, 12-4-62; Ord. No. 64-3, § 1, 2-4-64; Ord. No. 64-39, § 19, 9-1-64; Ord. No. 64-54, § 1, 10-23-64; Ord. No. 64-65, § 2, 12-15-64; Ord. No. 66-66, § 2, 12-20-66; Ord. No. 68-51, § 3, 9-19-68; Ord. No. 72-99, § 2, 12-19-72; Ord. No. 79-104, § 1, 12-4-79; Ord. No. 80-20, § 1, 3-4-80) Sec. 33-309. Zoning appeals board—Application. All hearings before the zoning appeals board or the board of county commissioners shall be initiated by the filing with the department an application on forms prescribed by the director, executed and sworn to by the owner or owners of at least seventy-five (75) per cent of the property described in the application, or by tenant or tenants, with owner's written sworn- to consent or by duly authorized agents, evidenced by a written power of attorney, if not a member of the Florida Bar, or by the director or the planning director, or by any person aggrieved by an order, requirement, decision or determination of an adminis- trative official when appealing the same, or by anyone desiring an amendment or repeal to the zoning regulations. All proper t -s described in one application must be contiguous and immediately adjacent to one another, and the director may require more than one application if the property concerned contains more than forty (40) acres, or the fee paid for one application would not equal the cost of processing the same. Only applications which the zoning appeals board or the board of county commissioners are authorized to consider and act upon shall be accepted for filing. Supp. No. 151 1046.9 § 33-309 DADE COUNTY CODE § 33-309 . All required fees are waived for any applicant who meets one of the following requirements: (1) The applicant presents to the director a certificate from the director, Dade County Welfare Department, that the applicant is qualified to receive either state or county wel- fare assistance; or (2) The applicant presents to the director each of the following: (a) A certified statement from the Dade County Depart- ment of Property Appraisal demonstrating that the property to which the application applies is totally exempt from ad valorem taxation because said prop- erty is used for educational, literary, scientific, reli- gious, charitable or governmental use. If at the time the applicant seeks a waiver of fee, the taxable status of the property has not been determined for the year in question, the exempt status from the immediately preceding year (if granted) shall be applicable provided the applicant presents a written statement under oath that there has been no change in ownership and use of the property since January 1 of the immediately pre- ceding year; (b) A written statement under oath of the applicant that the purpose of the application is to further those uses which qualify the property for ad valorem tax exemp- tion and is not solely for the purpose of enhancing the value of the property or raising revenue; and (c) A written statement of the applicant under oath that payment of the fee would substantially impair the ability of the applicant to perform the uses which qual- ify the property for ad valorem tax exemption; or (3) . The county commission determines that an applicant would suffer an extraordinary financial hardship if required to pay the fee. Whenever any hearing is initiated by the director or the planning director, pursuant to this section, the county manager may order that no building permits shall be issued for any construction work on the property involved in the Supp. No. 151 1046.10 § 33-309 ZONING § 33-310 hearing, until the hearing has been finally concluded in accordance with the provisions of this Code. Should the county manager issue such an order the administrative personnel shall schedule the application for the first public hearing date after appropriate legal notice. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 69-88, § 1, 12-3-69; Ord. No. 70-39, § 1, 5-13-70; Ord. No. 70-80, § 1, 10-27-70; Ord. No. 72-53, § 1, 9-19-72; Ord. No. 74-20, § 2, 4-3-74; Ord. No. 83-60, § 1, 7-19-83) Sec. 33-310. Zoning appeals board—Notice and hearing pre- requisite to action by the board. (a) When an application as prescribed by sections 33-304, 33- 309, and 33-314, has been filed hereunder the director of the building and zoning department shall, no later than forty (40) days after filing, at the cost of the applicant, mail a notice of such filing to all property owners of record, as reflected on the Dade County Property Appraiser's tax roll as updated, within a radius of five hundred (500) feet of the property described in the appli- cation, or such greater distance as the director may prescribe. The notice shall include the applicant's name, the processing number, the property size, the location (and street address, if available) of the property, a general description of the action requested in the application, and a statement that the application was filed and is being reviewed by the planning department and the building and zoning department and, where applicable, the developmental im- pact committee, and that a future notice will be provided prior to the public hearing thereon. The notice shall additionally state and make clear that any interested person is entitled to discuss the application with the county employees processing and re- viewing the application to the same extent as the applicant is so entitled and that the application may change during the hearing process. The person or persons mailing the notice provided herein shall attach an affidavit or affidavits thereof to the application's file setting forth the compliance with this subsection. Failure to mail the said written notice as provided herein shall render void- able any hearing held on the application. If, after this initial no- tice is mailed, the application is changed in a manner such that additional land area is encompassed within the application, then the initial notice described herein shall be repeated by the di- Supp. No. 183 1046.11 § 33-310 DADE COUNTY CODE § 33-310 rector at the expanse of the applicant. Such modifications that require repeating the initial notice shall be permitted only during the regular working days that fall within the first seven (7) days of the month. The notice provided in this paragraph shall not be required for appeals filed in conjunction with section 33-313 of the Code. (b) Applications filed hereunder shall be promptly transmitted to the appropriate board, together with the written recommenda- tions of the directors of the building and zoning and planning departments. Where .applicable the developmental impact com- mittee shall issue its recommendation, which shall include a state- ment of the planning director as to the application's relationship to the comprehensive development master plan. All such recom- mendations shall be signed and considered final no earlier than thirty (30) days prior to the public hearing to give the public an opportunity to provide information to the staff prior to the rec- ommendations becoming final. This shall not preclude earlier, preliminary recommendations. All documents of the county de- partments evaluating the application, which documents pertain to the application, are open for public inspection to applicants or other interested persons. (c) No action on any application shall be taken by the zoning appeals board or the board of county commissioners until a public hearing has been held upon notice of the time, place and purpose of such hearing, the cost of said notice to be borne by the appli- cant. Notice shall be provided as follows: (1) Said notice shall be published twice in newspapers of gen- eral circulation in Dade County, as follows: (A) a full legal notice, to be published no later than twenty (20) days and no earlier than thirty (30) days prior to the public hearing, to contain the date, time and place of the hearing, the property's location (and street address, if available) and legal description, and nature of the application, including all specific variances and other requests; and (B) a lay- man's notice, to be published in the newspaper of largest circulation in Dade County, no later than twenty-five (25) days and no earlier than thirty-five (35) days prior to the public hearing,to contain the same information as the above described full legal notice except that the property's legal Supp. No. 183 1046.12 § 33-310 ZONING § 33-310 description may be omitted and the nature of the applica- tion and requests contained therein may be summarized in a more concise, abbreviated fashion. The layman's notice may be published in a section or a supplement of the news- paper distributed only in the locality where the property subject to the application lies. In the event that any time periods specified in this subsection shall conflict with any applicable provision of the Florida Statutes, the provision of the Florida Statutes shall govern. (2) A written notice containing general information, including, but not limited to, the date, time and place of the hearing, the property's location (and street address, if available), and nature of the application shall be mailed to the prop- erty owners of record, as reflected on the Dade County Property Appraiser's tax roll as updated, within a radius of five hundred (500) feet of the property described in the application, or such greater distance as the director may prescribe, no later than thirty(30)days prior to the hearing. (3) The property shall be posted no later than twenty (20) days prior to the hearing in a manner conspicuous to the public, by a sign or signs containing information including but not limited to the applied for zoning action and the time and place of the public hearing. (d) The person or persons responsible for providing the notices provided in subsection(c) above shall attach to the application file a sworn affidavit or affidavits setting forth that they have com- plied with said subsection. Failure to provide the newspaper no- tices as provided, or failure to mail the written notices as pro- vided, or failure to post the property as provided renders voidable any hearing held on the application. (e) The director shall have the discretion to expand any of the notice provisions contained in this section to provide more infor- mation if deemed appropriate. (f) If the notices described in subsection (01) above are pub- lished, and the affidavits required by subsections (a) and(d) above are of record, no judicial proceeding to void a hearing shall be commenced after the time for appeal from a resolution of an ad- ministrative or quasijudicial tribunal as provided in the Florida Supp. No. 183 1046.12.1 § 33-311 DADE COUNTY CODE § 33-311 Rules of Appellate Procedures. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 64-30, § 1, 7-21-64; Ord. No. 64-65, § 3, 12-15-64; Ord. No. 74-20, § 3, 4-3-74; Ord. No. 74-40, § 2, 6-4-74; Ord. No. 75-47, § 4, 6-18-75; Ord. No. 87-29, § 1, 5-19-87; Ord. No. 89-129, § 1, 12-19-89) Sec. 33-311. Zoning appeals board—Authority and duties. Except as otherwise provided by this chapter, the zoning appeals board and board of county commissioners shall have the authority and duty to consider and act upon applications, as hereinafter set forth, after first considering the written recommendations thereon of the directors of the building and zoning and the planning departments, and such board is advised that the purpose of zoning and regulations is to provide a comprehensive plan and design to lessen the congestion in the highways; to secure safety from fire, panic and other dangers, to promote health, safety, morals, convenience and the general welfare; to provide adequate light and air; to prevent the overcrowding of land and water; to avoid undue concentration of population; to facilitate the adequate provisions of transpor- tation, water, sewerage, schools, parks and other public requirements, with the view of giving reasonable consider- ation among other things to the character of the district or area and its peculiar suitability for particular uses and with a view to conserving the value of buildings and property and encouraging the most appropriate use of land and water throughout the county. The zoning appeals board and board of county commissioners or any of their members may inspect the premises and area under consideration. (a) Minimum square footage requirements. Hear and grant or deny applications to increase or decrease the minimum square footage requirements for building in a particular area, provided, it finds that the increase or decrease would be comparable with that required for the area or surrounding area or that established by improvements in the area or surrounding area. Supp. No. 183 1046.12.2 § 33-311 ZONING § 33-311 (b) Changes in zoning regulations. Hear and recommend for approval or denial applications for changes in the regulations. (c) Appeal of administrative decisions. (1) Upon application for, hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official in the interpretation of any portion of the regulations, or of any final decision adopted by resolution. ' (2) Pursuant to the provisions of section 33-36.1 and section 33-202.3(q) (2), any aggrieved property owner in the area may appeal the decision of the zoning director to the zoning appeals board with- in fifteen (15) days after the director's decision Supp. No. 183 1046.12.3 33-311 ZONING § 33-311 is published in a newspaper of general circulation. An aggrieved applicant must file a new applica- tion with the Dade County zoning appeals board pursuant to the provisions of this chapter and must comply fully with the requirements of sec- tion 33-311(e) "Variances. from Other Than Air- port Regulations". (d) Special exceptions, unusual and new uses. Hear appli- cation for and grant or deny special exceptions; that is, those exceptions permitted by the regulations only upon approval after public hearing, new uses and unusual uses which by the regulations are only per- mitted upon approval after public hearing; provided the applied for exception or use, including exception for site or plot plan approval, in the opinion of the zoning board, would not have an unfavorable effect on the economy of Dade County, Florida, would not generate or result in excessive noise or traffic, cause undue or excessive burden on public facilities, includ- ing water, sewer., solid waste disposal, recreation, transportation, streets, roads, highways or other such facilities which have been constructed or which are planned and budgeted for construction, are accessible by private or public roads, streets or highways, tend to create a fire or other equally or greater dangerous hazards, or provoke excessive overcrowding or concen- tration of people or population, when considering the necessity for and reasonableness of such applied for exception or use in relation to the present and future development of the area concerned and the compati- bility of the applied for exception or use with such area and its development. For purposes of public hearing, a site plan shall be considered one special exception, and upon approval of a site plan by the zoning appeals board and/or the board of county commissioners, all non-use variances incorporated within and reflected upon the site plan shall be considered a part thereof, and official approval of the Supp. No. 170 1046.13 § 33-311 DADE COUNTY CODE § 33-311 site plan shall constitute approval of all such non- use variances, unless otherwise so moved by the approving board. (e) (1) Use variances from other than airport regula- tions. Upon appeal or direct application in specific cases to hear and grant applications for use variances from the terms of the zoning regulations as will not be contrary to the public interest, where owing to special conditions., a literal enforcment of the provisions thereof will result in unnecessary hardship, and so the spirit of the regulations shall be observed and substantial justice done; provided, that the use variance will be in harmony with the general purpose and intent of the regulation, and that the same is the minimum use variance that will permit the reasonable use of the premises; and further provided, no variance from any airport zoning regulation shall be granted under this subsection; provided, however, no use variance shall be granted permitting a BU or IU use in any residential, AU or GU District, unless the premises immediately abuts a BU or IU District. A "use variance" is a variance which permits a use of land other than which is prescribed by the zoning regulations and shall include a change in permitted density. Use variances involving uses with different "prefixes" (BU use in IU district, IU use in BU district, BU use in AU district, RU use in BU district, RU use in IU district, IU use in RU district, etc.), that otherwise comply with this section will be heard directly by the board of county commissioners. Use variances involving uses within the same "pre- fix" will be heard by the zoning appeals board, in accordance with the provisions of this section. Use variances heard initially by the zoning appeals board shall include those use variances involving density of development and the required right-of-way dedication. For purposes of this paragraph, the AU, GU, EU, RU-5 Supp. No. 170 1046.14 § 33-311 ZONING § 33-311 and RU-5A districts shall all be considered to be within the RU prefix category. (2) Non-use variances from other than airport regulations. Upon appeal or direct application in specific cases to hear and grant applications for non-use variances from the terms of the zoning and subdivision regulations, the board (following a public hearing) may grant a non-use variance upon a showing by the applicant that the non-use variance maintains the basic intent and purpose of the zoning, subdivision and other land use regulations, which is to protect the general wel- fare of the public, particularly as it affects the stability and appearance of the community and provided that the non-use variance will be otherwise compatible with the surrounding land uses and would not be detrimen- tal to the community. No showing of unnecessary hard- ship to the land is required. For the purpose of this subsection, the term "non-use variances" involves mat- ters such as setback lines, frontage requirements, sub- division regulations, height limitations, lot size restric- tions, yard requirements and other variances which have no relation to change of use of the property in question. (f) Variances from airport zoning regulations. Hear appli- cations for and grant or deny variances from any air- port zoning regulations, but in considering, granting or denying any such variance the zoning appeals board shall be governed and shall abide by the guides and standards, general purpose and intent of the particular airport zoning regulation concerned. No such applica- tion shall be heard until the recommendation of the director of the aviation department is first obtained, which recommendation shall be considered, together with that of the director's. The granting of a variance under this subsection does not authorize or permit vio- lation of other zoning regulations or the zoning regula- tions of any municipality concerned unless authorized by the appropriate county or municipal board, body or commission concerned, as the case may be. Supp. No. 174 1047 § 33-311 DADE COUNTY CODE § 33-311 (g) Variances from subdivision regulations. Hear applica- tions for and grant or deny variances from subdivision regulations (Chapter 28 of the Code of Metropolitan Dade County) in accordance with and pursuant to the authority and standards set forth in section 28-19 of the Code. (h) Hear applications to modify or eliminate ax?y condition or part thereof which has been imposed by any final. decision adopted by resolution; provided, it finds after public hearing the modification or elimination, in the opinion of the zoning appeals board, would not generate excessive noise or traffic, tend to create a fire or other equally or greater dangerous hazard, or provoke excessive overcrowding of people, or would not tend to provoke a nuisance, or would not be incompatible with the area concerned, when considering the necessity and reasonableness of the modification or elimination in relation to the present and future development of the area concerned. W Bear and decide appeals from determinations of appropri- ate municipal enforcement officials pursuant to section 11C-16(c) of the Code of Metropolitan Dade County. (j) Conditions, restrictions and limitations. (1) In granting any application for increase or de- crease in minimum square footage requirements, special exception, new uses or unusual use, use or nonuse variances or variances from airport regu- lations, the zoning appeals board may prescribe any reasonable conditions, restrictions and limita- tions it deems necessary or desirable, in order to maintain the plan of the area and compatibility therewith. The zoning appeals board may revoke, modify or change any resolution heretofore or hereafter adopted granting a special permit or a special exception, new uses, unusual use or vari- ance, if upon, application filed at any time by the director and after public hearing, the zoning ap- Supp. No. 174 1048 § a3 ;ill ZONING peals board finds that there has been a violation of any imposed conditions, restrictions or limitations in any such resolution; provided, such public hearing shall not be held until published notice provided by section 33-310 hereof has first been given; provided further, if the director, upon written request of any aggrieved party, refuses or fails to make such an application, such aggrieved party may request the board of county commissioners, through the county manager, to instruct the director to do so. Such decision of the zoning ap- peals board shall be final unless an appeal is insti- tuted to the board of county commissioners within the time and as prescribed for other appeals thereto. (2) Any person who shall violate or fail to comply with any conditions, restrictions or limitations contained in any resolution heretofore or hereafter adopted, granting a special permit or special ex- ception, new uses, unusual use or variance or with any of the requirements of such a resolution, shall upon conviction thereof in the appropriate court be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail for not more than sixty (60) days, or.by both such fine and imprisonment. Each day of viola- tion or noncompliance shall constitute a separate offense. i 7 (k) Standards accumulative. Any and all standards and guides provided by this article to be followed and used shall be accumulative and in addition to those provided by the zoning regulations which are not intended to be repealed by this article. (1) The zoning appeals board may not defer action on an ap- plication for more than sixty (60) days unless the applicant consents thereto, unless deferral is necessary to avoid a manifest injustice pursuant to the provisions of section 2-114.1(cx2), Code of Metropolitan Dade County or unless the application is under moratoria, pursuant to the provi- sions of this chapter. Deferral of action shall be for further Supp. No. 179 1048.1 § :3;3 311 DADE COUNTY CODE § 33-312) study, viewing of the area, staff or departmental study or for any other justifiable or reasonable purpose. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 63-24, § 1, 6-18-63; Ord. No. 64-65, § 4, 12-15-64; Ord. No. 66-66, § 3, 12-20-66; Ord. No. 71-42, § 1, 5-18-71; Ord. No. 72-20, § 2, 3-21-72; Ord. No. 73-28, § 1, 3-20-73; Ord. No. 74-20, § 4, 4-3-74; Ord. No. 74-40, § 3, 6-4-74; Ord. No. 75-47, § 5, 6-18-75; Ord. No. 77-12, § 2,.2-15-77; Ord. No. 77-68, § 2, 9-20-77; Ord. No. 78-10, § 1, 3-21-78; Ord. No. 87-6, § 1, 2-17-87; Ord. No. 87-75, § 2, 11-3-87; Ord. No. 89-10, § 5, 2-21-89) Sec. 33-312. Zoning appeals board-Decisions. All decisions of the zoning appeals board shall be by resolution. The decision, if for denial, shall specify whether it is with or without prejudice. Any member who has a special financial inter- est, direct or indirect, in any matter shall make that interest known and shall abstain from participation therein in any man- ner. Willful violation of this provision shall constitute malfea- sance in office and shall render the action voidable by the board of county commissioners. Within fourteen (14) days, but not there- after, any decision of the zoning appeals board, save and except a decision pertaining to regulatory amendment may be appealed to the board of county commissioners, as provided by section 33-313 hereof, otherwise, it shall become final. The fourteen (14) day appeal period provided herein shall commence to run the day after notification that the zoning appeals board has taken action on the particular matter, such notification to be given by the department by posting a short, concise statement of the action taken on a conspicuous bulletin board that may be seen by the public at reasonable times and hours in the oil-ice of the depart- ment. No appeal may be withdrawn after a period of ten (10) days from the date of the decision of the zoning appeals board; except at the appeal hearing before the board of county commissioners and with the permission of such board. In no event shall an appellant be entitled to a refund of the appeal fee. It is hereby intended that the zoning appeals board's deci- sion concerning a requested regulation amendment shall be considered only as a recommendation, which shall be trans- Supp. No. 179 1048.2 § 33-312 ZONING § 33-313 mitted, together with the zoning appeals board's record on each such application, to the board of county commissioners for final action by way of approval, disapproval or modification pursuant to section 33-314 hereof. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 62-48, § 1C, 12-4-62; Ord. No. 71-22, § 1, 1-19-71; Ord. No. 74-20, § 5, 4-3-74) Sec. 33-313. Appeals to board of county commissioners. Any appealable decision of the zoning appeals board may be appealed by an applicant, governing body of any municipality, if affected, or any aggrieved party, including neighborhood, com- munity and civic associations, whose name appears in the record of the zoning appeals board by filing with the department a pe- tition in a form prescribed by the director and a written state- ment specifying in brief, concise language the grounds and rea- sons for reversal of the ruling made by the zoning appeals board, together with a fee for the processing of the appeal, as provided by Administrative Order No. 4-40, as amended from time to time, within the fourteen (14) days provided by section 33-312 hereof, whereupon, the director shall transmit to the county commission the appeal papers, the decision and record of the zoning appeals board. If the ground for reversal is a failure to provide notice as required by section 33-310, the name of the appellant need not appear in the record. If the decision of the zoning appeals board is for approval and has not been appealed within the fourteen-day period, the directors of the building and zoning and the planning departments may appeal such decision within four (4) additional days in the manner aforestated, except they will not be required to pay the stated fee; provided they both agree that an appeal be taken and sign the appeal petition. Upon the taking of an appeal, the county commission shall conduct a de novo hearing and shall consider why the decision of the zoning appeals board should or should not be sustained or modified. By resolution, the board shall [either affirm, modify or reverse the zoning board's decision and such action of the county commission] be by majority vote of all members present; provided, no appeal shall be heard or considered until notice has been provided in accordance with the provisions of section 33-310(c), (d), (e) and (f). (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 62-48, § 1D, 12-4-62; Ord. No. 64-3, § 2, 2-4-64; Ord. No. 64-65, § 5, 12-15-64; Ord. No. 65-11, § 1, 2-16-65; Ord. No. 66-66, § 4, 12-20-66; Ord. Supp. No. 183 1048.3 § 33-314 DADE COUNTY CODE § 33-314 No. 74-20, § 6, 4-3-74; Ord. No. 74-40, § 4, 6-4-74; Ord. No. 77-54, § 1, 7-19-77; Ord. No. 78-18, § 1, 3-21-78; Ord. No. 78-52, § 2, 7-18-78; Ord. No. 80-88, § 1, 9-2-80; Ord. No. 87-29, § 1, 5-19-87; Ord. No. 89-129, § 1, 12-19-89) Sec. 33-314. Finality of district boundary changes and reg- ulation amendments. (a) In addition to the powers set forth in sections 33-313 and 33-315, the board of county commissioners shall have the au- thority and duty to directly hear and act upon applications for the following matters: (1) District boundary changes. The board shall hear and grant or deny applications for district boundary changes on indi- vidual pieces of property or on a neighborhood or area-wide basis. (2) The board of county commissioners shall review those plans submitted as part of an application for a planned develop- ment. The board shall decide if the proposed development is in accordance with the provisions for a planned develop- ment and said board shall diligently consider the recom- mendations of the building and zoning department, and planning department or the developmental impact com- mittee prior to recommending approval, approval with mod- ification, or denial. Said board shall only approve an ap- plication for a planned development when plans and other exhibits are in com- Supp. No. 183 1048.4 § 33-314 ZONING § 33-314 pliance with the criteria for a planned development and otherwise meet the criteria contained in section 33-311. (3) Where an application for district boundary change also contains a request for unusual use, new use, variance or special exception which is incidental or related thereto, or where there is pending on the same property or portion thereof more than one application for district boundary change, variance, special exception, unusual or new use, the said application or applications shall be heard in their entirety solely by the board of county commissioners and when possible acted upon at the same public hearing. (4) All zoning applications by state and municipal entities and agencies. (5) Applications for unusual uses or amendments or modifica- tions thereto described in section 33-13(e) when said un- usual uses, amendments or modifications require approval before the board of county commissioners in connection with a class I or class IV permit application, as defined in section 24-58.1. (6) Applications for development approval of developments of regional impact or modification thereof. Where an applica- tion for development approval of a development of regional impact also contains a request for any action under this chapter requiring a public hearing or where there is pend- ing on any property an application for development ap- proval for a development of regional impact and an appli- cation for any other action under this chapter requiring a public hearing, all such applications shall be heard in their entirety by the board of county commissioners and where practicable acted upon at the same public hearing. (7) Use variances as provided for in section 33-311(eX1). (8) Self-service storage facilities as provided for in section 33-247(38). . (9) Upon application for, hear and decide appeals where it is alleged there is an error in any order, requirement, deci- sion or determination made by the developmental impact Supp. No. 179 1048.5 § 33-314 DADE COUNTY CODE § 33-314 committee executive council in the discharge of its duties as defined in section 2-114.1 and Chapter 33E of the Code. (10) Applications for developmental resolutions for which the applicant or the executive council of the DIG has invoked the administrative remedy set forth in section 2-114.1, Code of Metropolitan Dade County, Florida. (b) The board, after hearing why. the application should or should not be granted, shall consider the matter in accordance with the criteria specified in this chapter, and shall by resolution either grant or deny the application.. In granting any variances, special exceptions, new uses or unusual uses, the board of county commissioners may prescribe any reasonable conditions, restric- tions and limitations it deems necessary or desirable in order to maintain the plan of the area and compatibility therewith. Such action of the board of county commissioners shall be final; .pro- vided, no such action shall be taken until notice-of time and place of the meeting at which the board of county commissioners will consider and take final action on the application has been first published as provided in section 33-310 hereof. Anything in this a article to the contrary notwithstanding, when n application for a district boundary change or special exception, new use, unusual use or variance is filed by the director or planning director it will only be decided by the county commission after receiving the recommendations of the two (2) directors and after the required noticed public hearing, and such decision shall then be final. Notwithstanding anything in this article or the Code of Metro- politan Dade County to the contrary, the board of count commis- sioners may reconsider its action upon a zoning application only in accordance with section 33-319(k) of this Code or only at the same meeting at which the action was taken and solely for the purpose of avoiding a manifest injustice. Except as otherwise specified hereby, if a motion to reconsider is adopted, no further affirmative action shall be taken until notice of such reconsidera- tion and the time and place of final action is provided in'accord- ance with section 33-310 hereof; provided, however, that such affirmative action may be taken before the next item on the zoning agenda is called for consideration or before a recess or adjournment is called, whichever occurs first. Supp. No. 179 1048.6 § 33-314 ZONING § 33-315 (c) In granting any application for district boundary change to an BU or IU District the board shall condition the same to be subject to the director's approval of a plot use plan, and such plan shall include among other things but shall not be limited to the location of buildings and structures, types, sizes and location of signs, light standards, parking areas, exits and entrances, drain- age, walls, fences, landscaping and sprinkler systems; provided that such approval be by the zoning appeals board, following public hearing, where the application involves business uses in excess of ten (10) acres or one hundred thousand (100,000) square feet of retail floor area or one thousand (1,000) vehicle off-street parking space capacity, or industrial use in excess of fifty (50) acres of five hundred(500) vehicle off-street parking space capacity. (d) Recommendation of the zoning appeals board for or against regulation amendments when received by the board of county commissioners shall be considered and if it is determined to amend the regulations in any manner, such amendment shall be enacted by ordinance as provided by law. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 62-48, § 1E, 12-4-62; Ord. No. 73-46, § 1, 5-1-73; Ord. No. 74-20, § 7, 4-3-74; Ord. No. 74-40, § 5, 6-4-74; Ord. No. 74-69, § 1, 9-3-74; Ord. No. 75-47, § 6, 6-18-75; Ord. No. 75-100, § 2, 11-4-75; Ord. No. 77-55, § 1, 7-19-77; Ord. No. 83-70, § 16, 9-6-83; Ord. No. 84-70, § 1, 9-4-84; Ord. No. 87-6, § 1, 2-17-87; Ord. No. 88-112, § 2, 12-6-88; Ord. No. 89-10, § 6, 2-21-89) Sec. 33-315. Action by board of county commissioners. If an application is before the board of county commissioners pursuant to this article, be it by way of appeal, recommendation or otherwise, it shall have authority to consider and take final action upon any and all matters and requests contained in the application, any other provisions in this article notwithstanding. In making any final decisions, the commission shall be guided by the standards and guides applicable to the zoning appeals board or as otherwise specified in this chapter. It shall consider all relevant and material evidence offered to show the impact of the development upon Metropolitan Dade County. No economic re- ports or studies, real estate appraisals or reports, and/or written reports of zoning consultants shall be considered as evidence by Supp. No. 179 1048.7 1 § 33-315 DADE COUNTY CODE § 33-315 the board of county commissioners unless filed with the director of the Dade County building and zoning department at least ten (10) calendar days prior to the public hearing. No oral testimony or written reports or documents in support of any argument that the comprehensive development master plan, as applied, consti- tutes a temporary or permanent taking of private property or abrogates vested rights shall be considered as evidence by the board of county commissioners unless a sworn statement and supporting documents have been filed pursuant to section 2-114.1 with the coordinator of the developmental impact committee not less than forty-five (45) calendar days prior to the first hearing on the application. Detriments or benefits shall not be denied con- sideration on the grounds that they are indirect, intangible or not readily quantifiable. In evaluating the application, among other factors related to the general welfare, whether, and the extent to which: (1) The development permitted by the application, if granted, conforms to the comprehensive development master plan for Metropolitan Dade County, Florida; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the ap- plication at the time it is considered; (2) The development permitted by the application, if granted, will have a favorable or unfavorable impact on the envi- ronmental and natural resources of Metropolitan Dade Coun- ty, including consideration of the means and estimated cost necessary to minimize the adverse impacts; the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural and human envi- ronment; and whether any irreversible or irretrievable commitment of natural resources will occur as a result of the proposed development; (3) The development permitted by the application, if granted, will have a favorable or unfavorable impact on the econ- omy of Metropolitan Dade County, Florida; (4) The development permitted by the application, if granted, will efficiently use or unduly burden water, sewer, solid waste disposal, recreation, education or other necessary Supp. No. 179 1048.8 y § 33=315 ZONING § 33-316 public facilities which have been constructed or planned and budgeted for construction; (5) The development permitted by the application, if granted, will efficiently use or unduly burden or affect public trans- portation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets.or highways. The board of county commissioners may defer action on any matter before it in order to inspect the site in question, to refer the matter back to the zoning appeals board or the developmen- tal impact committee for further consideration and recommenda- tion, to refer the matter to any department for its recommenda- tion or for any other justifiable and reasonable reason. When any final action has been taken by the board county commissioners, its record, together with a certified copy of its minutes and reso- lution pertaining to such action shall be transmitted to the de- partment for filing, and the same shall be open to the public for inspection at reasonable times and hours. The decision, if for denial, shall specify whether it is with or without prejudice. Save and except as otherwise provided in this article, all actions taken by the board of county commissioners under this article shall be by a majority vote of all members present. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 64-3, § 3, 2-4-64; Ord. No. 71-12, § 2, 1-19-71; Ord. No. 74-20, § 8, 4-3-74; Ord. No. 75-47, § 7, 6-18-75; Ord. No. 77-40, § 1, 6-21-77; Ord. No. 89-10, § 7, 2-21-89) Sec. 33-316. Exhaustion of remedies; court review. No person aggrieved by any zoning resolution order, require- ment, decision or determination of an administrative official or by any decision of the zoning appeals board may apply to the court for relief unless he has first exhausted the remedies pro- vided for herein and taken all available steps provided in this article. It is the intention of the board of county commissioners that all steps as provided by this article shall be taken before any application is made to the court for relief; and no application shall be made to the court for relief except from resolution adopted by the board of county commissioners, pursuant to this article. Zoning resolutions of the board of county commissioners shall be Supp. No. 179 1048.9 § 33-316 DADE COUNTY CODE § 33-316 reviewed by the filing of a notice of appeal in the Circuit Court of the Eleventh Judicial Circuit in and for Dade County, Florida, in accordance with the procedure and within the time provided by the Florida Rules of Appellate Procedure for the review of the rulings of any commission or board; and such time shall com- mence to run from the date the zoning resolution sought to be reviewed is transmitted to the clerk of the commission. The di- rector, or his duly authorized representative, shall affix to each zoning resolution the date said zoning resolution is transmitted to the clerk of the commission. The clerk of the board shall comply with all requirements of the Florida Rules of Appellate Procedure. For the purposes of appeal the director shall make available, for public inspection and copying, the record upon which each final decision of the board of county commissioners is based; provided, the director may make a reasonable charge com- mensurate with the cost in the event the department is able to and does furnish copies of all or any portion of the record. Prior to certifying a copy of any record or portion thereof, the director or his designee shall make all necessary corrections in order that the copy is a true and correct copy of the record, or those portions requested, and shall make a charge of not more than ten cents ($0.10) per page, instrument maps, picture or other exhibit; pro- vided, the charges here authorized are not intended to repeal or amend any fee or schedule of fees otherwise established. The chairman, vice-chairman or acting chairman of the board of county commissioners at any zoning hearing before the commission may swear witnesses and, upon timely request in writing, compel the attendance of witnesses in the same manner prescribed in the county court. The director of the building and zoning department shall employ a qualified court reporter to report the proceedings before the board of county commissioners, who shall transcribe his notes only at the request of the county or other interested party, at the expense of the one making the request. Such tran- script, as well as the transcript of the proceedings before the zoning appeals board, when certified by the reporter, may be used in a court review of a matter in issue. (Ord. No. 60-14, 4-19-80; Ord. No. 61-30, § 1, 6-27-61; Ord. No. 62-48, § 1F, 12-4-62; Ord. No. 64-65, § 6, 12-15-64; Ord. No. 65-11, § 2, 2-16-65; Ord. No. 66-66, § 5, 12-20-66; Ord. No. 76-74, § 1, 7-20-76; Ord. No. 78-52, § 2, 7-18-78; Ord. No. 79-91, §1 , 10-16-79) Supp. No. 179 1048.10 [The next page is 1048.12.1] 33-317 ZONING § 33-317 Sec. 33-317. Limitation on issuance of permits. The department shall not issue any type of permit or certifi- cate based upon any action of the zoning appeals board until a f inai decision has been rendered on the application by the appropriate board or the county commission as provided by this ordinance; provided, however, a temporary conditional permit or certificate may be issued prior to such final decision if the director should first determine that the withholding of the same would cause imminent peril to life or property and then only upon such conditions and limitations, including the furnishing of an appropriate bond, as may be deemed proper by the director. Upon application of the director, any variance, special ex- ception, new use, special permit or unusual use heretofore or hereafter granted that is not utilized within the three (3) year period following the date of its grant or approval, may be terminated by the board of county commissioners after the required noticed public hearing or hearings, if it is de- termined that there have been sufficient changes in cir- cumstances in the neighborhood and area concerned that to permit the same to be used would be detrimental to the area and incompatible therewith; provided, a variance shall not be terminated if the guidelines for granting the same exist. The foregoing provision shall not apply if the resolution granting the variance, special exception, new use, special permit or unusual use establishes a specific time limitation for utilizing the same. In such instances, the time limitation established by such resolution shall prevail. In the event application is made for a change of zoning on property which possesses any variance, special exception, new use, special permit or unusual use not yet utilized, no permits or certificates shall be issued for such variance, special ex- ception, new use, special permit or unusual use until the hearing has been concluded. If the application for change of zoning is approved, the variance, special exception, new use, special permit or unusual use shall terminate, unless con- tinued by the rezoning resolution; otherwise such variance, special exception, new use, special permit or unusual use Supp. No. 110 1048.12.1 § 33-317 DADE COUNTY CODE 33-319 shall remain in full force and effect, unless terminated by other provisions in this section. A variance, special exception, new use, special permit or ususual use shall be deemed to have been utilized if the use pursuant thereto shall have been established, or if a building permit has been issued, acted upon, and the development to which such variance, special exception, new use, special per- mit or unusual use is an integral part is progressively and continuously carried to conclusion. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-71 ; Ord. No. 73-104, § 1, 12-18-73) Sec. 33-318. Pending applications. All applications filed prior to the effective date of this ordinance [article] shall be concluded in accordance with law in effect at the time the applications were filed; provided the time limitations provided in section 33-304 hereof shall be applicable to all applications filed after the effective date of this ordinance [article]. (Ord. No. 60-14, 4-19-60; Ord. No. 61-30, § 1, 6-27-61) Sec. 33-319. Administrative building moratoria. (a) Whenever it shall be made to appear to the county manager that it is in the public interest to make a compre- hensive determination as to whether existing county zoning districts applying to a portion of the area of Dade County are appropriate. and it is further made to appear to him that the said existing zoning districts may be detrimental to the said area should they continue to remain applicable and build- ing permits be issued predicated thereon the county manager shall immediately issue his administrative order delineating the area in question and prohibiting the issuance of building permits therein. (b) Any administrative order issued pursuant to subsec- tion (a) shall be complied with by all Dade County personnel and shall be effective until reversed, modified or superseded by order of the board of county commissioners. (c) Immediately upon issuance of any administrative order pursuant to subsection (a), the county manager shall notify Supp. No. 110 1048.12.2 § 33-319 ZONING § 33-319 the clerk of the board of county ccmmissioners, whose duty it shall be to place the matter before the board of county commissioners for consideration and review following a public hearing as soon as is reasonably practicable. (d) The aforesaid clerk shall give reasonable notice by publication in a newspaper of general circulation in Dade County of the public hearing which he has scheduled before the board of county commissioners. (e) At the public hearing the board of county commis- sioners shall inquire into the propriety of a building mora- torium and may reverse, modify or supersede any moratorium order previously issued. The board's determination shall be predicated upon the reasonable necessity for a detailed com- prehensive anslysi9 of the area in question and the probability of detriment to the character of the area by the continued application of the existing zoning districts. (f) Should the board of county commissioner: determine that a building moratorium is reasonably necessary, it shall order the same and direct that no building permits he issued within the affected area. The board's order shall fix a time within which the county manager shall report hack to the board with his recommendation relating to appropriate zoning districts for the affected area. The said time limita- tion shall be a reasonable one, predicated upon the time needed for a comprehensive analysis of the area. The initial commission moratorium shall be for a period not to exceed one hundred and twenty (120) days. The commission on its own motion or otherwise may continue any moratorium for a longer period of time if reasonably necessary. This provi- sion is supplemental to subsection (g) hereof. (g) Should the county manager he unable to report hack to the board within the time prescribed by its moratorium order, upon timely request by the county manager and after public hearing on the need therefor, the board may resonably extend the time limitation. Supp. No. 122 1098.13 33-319 DADE COUNTY CODE § 33-319 (h) Upon the submission of the county manager's report and recommendations to the clerk of the board, the clerk shall call a public hearing thereon before the board at the earliest practicable time, after reasonable notice by publication ill a newspaper of general circulation in Dade County. After said public hearing the board shall make its determination as to whether the zoning districts shall remain the same or shall be changed. Should the board determine that the zoning districts shall remain the same, it shall immediately issue its order terminating the building moratorium. Should the boas d determine that the applicable zoning districts should be changed, or new districts created therefor, it shall issue its order continuing the building moratorium and shall im- mediately take the actions required elsewhere within the Dade County Code for such changes. Provided, however, where zoning district boundary changes are involved the board of county commissioners shall hear the matters directly without intervening administrative review. (i) Upon the completion of all zoning district changes relating to the affected area, the board shall issue its order terminating the building moratorium. (j) If any planning study performed by the planning de- partment, the planning advisory board, or a specially hired or appointed county agency, indicates the necessity for zoning changes, the provisions of sections 33-319 through 33-322, Dade County Code, may be utilized to restrict the issuance of building permits until such changes have been finally consid- ered by the board of county commissioners. These provisions of sections 33-319 through 33-322, Dade County Code, which anticipate a future planning study are rendered inapplicable to this subsection. (k) An administrative building moratorium shall be im- posed upon the occurrence of the following events: (1) As soon as the county manager learns that a grand jury has indicted or that an information has been formally returned against a county commissioner charg- ing said commissioner with bribery, accepting unau- Supp. No. 122 1048.14 J 33-319 ZONING 88-819 thorized compensation, or other act of. fraud in a zon- ing case relating to a particular parcel or parcels of real property, then the county manager shall immedi- ately issue his administrative order identifying the real property in question and prohibiting the is- suance of building permits for said property. Such order of moratorium shall remain in effect until the completion of the criminal judicial process and the de- termination of guilty or not guilty as to the county commissioner involved being reviewed by the highest judicial tribunal to consider the case. Should the com- missioner be found not guilty, then the administrative order shall be deemed dissolved. Should the county commissioner be found guilty, then a motion to recon- sider the zoning on the real property in question may properly be made by any county commissioner. (2) If an order of moratorium is imposed on a parcel or parcels of real property pursuant to this subsection, and the owner or owners of such property request the board of county commissioners to reconsider the zon- ing on that property, then a motion to reconsider the said zoning may properly be made by any county com- missioner. If the motion to reconsider is approved by the board and the reconsideration of the zoning on the sa!d property occurs, then the building moratorium shall end with the conclusion of the reconsideration process delineated below in subsection (3). (3) Upon passage of a motion as provided in subsection (2) above, the clerk of the board shall immediately notify the directors of the building and zoning depart- ment and the planning department. The board shall conduct its reconsideration only after notice of the time and place of the meeting has been first published as provided in section 33-310 herein. If the existing zoning would permit a development of county impact (as defined in section 33-304 herein) the developmental impact committee shall prepare a report and present its recommendations to the board at the advertised Supp. No. 122 1048.14.1 § 33-319 DADE COUNTY CODE § 33-320 public hearing; otherwise, the directors of the building and zoning department and the planning department shall furnish their reports and recommendations to the board. The sole issue to be considered by the board shall be whether the present zoning on the subject property is appropriate. In determining this issue, the board shall be guided by the standards and guides ap- plicable to the zoning appeals board (delineated in sec- tion 33-311) and otherwise applicable to the board of county commissioners specified in this chapter includ- ing but not necessarily limited to sections 33-314 and 33-315. The board after considering the items de- lineated herein and the criteria specified in this chap- ter, shall by resolution either reaffirm the existing zon- ing or rezone the subject property. The provisions of section 33-.316 relating to exhaustion of remedies and court review are fully applicable to proceedings held in accordance with this subsection. (Ord. No. 72-18, § 1, 3-14-72; Ord: No. 73-55, §§ 1-5, 5-15-73 ; Ord. No. 75-100, § 1, 11-4-75; Ord. No. 75-109, § 1, 12-2-75 ; Ord. No. 75-117, § 1, 12-16-75; Ord. No. 76-8, § 1, 1-20-76) Sec. 33-320. Other building moratoria. (a) Should any person make written application to the county manager for the issuance of an administrative order provided by Section 33-319(a), Dade County Code, and the county manager refuses to issue such order, or fails to take action thereon within thirty (30) days, such person may make written application to the board of county commissioners for the issuance of a building moratorium by that board. Such application to the board shall filed with the clerk of the board of county commissioners, whose duty it shall be to place the matter before the board of county commi::sioners as soon as is reasonably practicable for the board's determina- tion as to whether a public hearing shall be called thereon. The county manager shall be notified by the clerk of the date that the matter is to be considered by the board. The word "person" as used in this subsection includes, but is 3upp.No. 122 1048.142 § 33-320 ZONING § 33-322 not limited to, any individual, firm, corporation, and govern- mental entity, including the planning advisory board, and the zoning appeals board. (b) Should the board determine that a public hearing should be held as to whether a building moratorium is ap- propriate, it shall call the same for the earliest practicable date and give reasonable notice thereof by publication in a newspaper of general circulation in Dade County. Pending the public hearing the board may issue an order prohibiting the issuance of building permits in the affected area. (c) The procedure to be followed for this section, after the completion of the steps provided in subsections (a) and (b) above, is that set forth in Section 33-319(e) through (i), Dade County Code. (Ord. No. 72-18, 1§ 1, 3-14-72) Sec. 33-321. Exceptions. Notwithstanding the issuance of any moratorium order, the county manager may authorize the issuance of building permits for nondeleterious items including, but not limited to, fences, repairs and like matters, where he determines that such permit will not affect the outcome of the planning study; provided, how- ever, that with regard to any particular moratorium the board of county commissioners may by ordinance increase or decrease allowable exemptions and may by ordinance provide either a supplemental or exclusive procedure for acting upon requests for exemptions. Such procedure may vest jurisdiction and responsi- bility for acting upon requests for exemptions in the county man- ager or any county administrative or quasijudicial body or board. (Ord. No. 72-18, § 1, 3-14-72; Ord. No. 83-83, § 1, 9-20-83) Sec. 33-322. Variances, special exceptions and zoning changes. During the existence of any building moratorium, no applica- tions for variances, special exceptions, zoning district changes, minimum square footage requirement changes, unusual and new uses, modifications or elimination of conditions, restrictions or limitations within the affected area shall be acted upon by any Supp. No. 151 1048.14.3 .x § 33-322 DADE COUNTY CODE 33-323 county agency, except as provided in section 33-319(h), or section 33-321, or unless otherwise specifically provided by the board of county commissioners by ordinance with regard to a specific mora- torium. (Ord. No. 72-18, § 1, 3-14-72; Ord. No. 73-55, § 6, 5-15- 73; Ord. No. 83-83, § 2, 9-20-83) Sec. 33-323. Administrative zoning moratoria. (a) Whenever it shall be made to appear to the county man- ager that it is in the public interest to make a comprehensive determination as to whether the existing county master plan as it applies to a portion of the area of Dade County is out- dated and of little or no use in formulating correct zoning patterns in relation thereto, or as to whether existing zoning districts are compatible with existing or proposed growth patterns and land uses, the county manager shall immediately issue his administrative order delineating the area in question and prohibiting the consideration by any county department, board or agency of any zoning amendment, modification, variance, special exception or other zoning change, in said area. However, applications for special exceptions not involv- ing zoning changes but incorporating requests for site plan aT)proval only may be considered and appropriate action _taken thereon. (b) Any administrative order issued pursuant to subsec- tion (a) shall be complied with by all Dade County depart- ments, boards and agencies and shall be effective until re- versed, modified or superseded by order of the board of county commissioners. (c) Immediately upon issuance of any administrative order pursuant to subsection (a), the county manager shall notify the clerk of the board of county commissioners whose duty it shall then be to place the matter before the board of county commissioners for consideration and review following a public hearing as soon as is reasonably practicable. The aforesaid clerk shall give reasonable notice by publication in a news- paper of general circulation in Dade County of the public hearing which he has scheduled before the board of county commissioners. Supp. No. 151 1048.14.4 R § 33-323 ZONING § 33-323 (d) At the public hearing the board of county commis- sioners shall inquire into the propriety of the zoning mora- torium and may reverse, modify or supersede the zoning moratorium order previously issued. The board's determina- tion shall be predicated upon the need for a detailed and comprehensive analysis of the area in question which would enable the board to correct any deficiencies in the master plan or to provide any changes necessary or desirable in the master plan. (e) Should the board of county commissioners determine that a zoning moratorium pending the preparation of a de- tailed and comprehensive analysis of the area in question is necessary or desirable, it shall order the continuance of the county manager's zoning moratorium order. The board's order shall fix a time within which the county manager shall report back to the board with his recommendations relating to modifying or correcting the county master plan as to the affected area. The said time limitation shall be a reasonable one, predicted upon the time needed for a comprehensive analysis of the area by the county manager and all planning agencies of the county. M Upon the submission of the county manager's report and recommendations to the clerk of the board, the clerk shall call a public hearing thereon before the board at the earliest practica- ble time, after reasonable notice by publication in a newspaper of general circulation in Dade County. After said public hearing, the board shall either amend the master plan and terminate the zoning moratorium order or, if it finds no amendment in order or necessary, terminate the zoning moratorium; provided, however, the board may continue the moratorium or any portion thereof for an additional period of time if the board finds such continu- ance to be reasonably necessary. (g) Should the county manager be unable to report back to the board within the time prescribed by its moratorium order, upon timely request by the county manager and after public hearing on the need therefor, the board may reasonably extend the time limitations for the report and the moratorium if the board finds such extension is reasonably necessary. (Ord. No. 72-89, § 1, 12-5-72; Ord. No. 73-19, § 1, 3-8-73; Ord. No. 83-83, § 3, 9-20-83) Supp. No. 151 1048.14.5 PV § 33-324 DADE COUNTY CODE § 33-324 Sec. 33-324. Other zoning moratoria. (a) Should any person make written application to the county manager for the issuance of an administrative order as provided by section 33-323(a), Dade County Code, and the county manager refuses to issue such order, or fails to take action thereon within thirty (30) days, such person may make direct application in writing to the board of county commis- sioners for the issuance of a zoning moratorium order. Such application to the board shall be filed with the clerk of the board of county commissioners, whose duty it shall be to place the matter before the board of county commissioners as soon as is reasonably practicable for the board's determination as to whether a public hearing should be called thereon. The word "person" as used in this subsection includes, but is not limited to, any individual, firm, corporation, or governmental entity, including the planning advisory board and the zoning appeals board. (b) Should the board determine that a public hearing should be held on whether a zoning moratorium is appropriate, it shall call the same for the earliest practicable date and give reasonable notice thereof by publication in a newspaper of general circulation in Dade County. Pending the public hearing the board may issue an order prohibiting the con- sideration by any county department, board or agency of any zoning amendment, modification, variance, special exception or other zoning change in said area. Supp. No. 151 1048.14.6 .i s SECTION 20-3. 5 DIMENSIONAL REQUIREMENTS c - Section 20-3 . 5G E:. DIMENSIONAL REQUIREMENTS NONRESIDENTIAL DISTRICTS X6-�REQUIREMENT RO LO NR fSR�, GR �I - �_- Kin. Lot Size Net Area ( sq ft ) 7 , 500 7 , 500 10 , 000 7 , 500 5 , 000 10 , 000 5 , 000 Frontage ( ft ) 75 75 100 75 50 100 50 Min. Setbacks ( ft ) Front - _.. _.�_� - �-5___.--._., 20-__.._._....4�b 25-- �1Ob _u--20_-_._ 2p ; Rear 15 10 15 _. Side ( Interior ) —40-- 10 - - Side ( Street ) _ -20 -- 15 -.- _ 1-0 _ - -1-5 ....__ - 1.0b k..: Adj . Res . Dist . 25 25 25� 25 25 . 25 25 _ Side (w/driveway ) ---2-0 ----- 20 20 20 20 20 r Between Buildings ----20- 20 ---- - - - Max. Building Height ==�. Stories 2 2 4 2 4 2 F' Feet 25 30 50 25 50 30 1 Max. Building E-- Coverage (% ) 30 - - - - - - Max. Impervious Coverage (% ) 75 80 85 75 90 85 ' - Max. Floor Area Ratio ( FAR) . 25 . 110 1 . 60 . 25 1 . 60 . 80. x. 80 j , f: -,• a 5' setback with wall opening adjacent to rear property line; no setback if no openings in wall. r . b Applies to ground floor only. 4 t LAND DEVELOPMENT CODE CITY OF SOUTH MIAMI 55 uy SECTION 20-3. 5 DIMENSIONAL REQUIREMENT'S : 20-3 . 5 DIMENSIONAL REQUIREMENTS (A) Residential Districts. In residential districts, -the�-',max1mum dens,ityi.. mi,nlSum. 'lot area and frontage;---•`minimum yard. setbacks,, maximum ; 'coverage-,and' max imum3-building' heights -for the permi`t'ted ` uses` r `F each '-district steal}l Obe 'determined from the Dimensional Requirements -table for -either single-family (Section 20-3 . 5E) or multi-family districts ( Section 20- 3 . 5F) . Ul (B) Nonresidential Districts. In nonresidential districts , the minimum lot area and frontage, minimum yard setbacks , maximum floor area, maximum coverage and maximum building heights for permitted uses in each district shall be determined from the Dimensional Requirements Table for nonresidential districts (Section 20-3 . 5G) . 4 (C) Dimensional Requirement Tables ) ( 1 ) The use of land and the erection of buildings and other structures on land shall be subject to the dimensional requirements of the applicable zoning district , as reflected on the three tables labeled Ll "Dimensional Requirements, Single Family Districts" (Section 20-3 . 5E) , "Dimensional Requirements, Multi- family Districts" (Section 20-3 . 5F) and "Dimensional Requirements, Nonresidential Districts" (Section 20- 3 . 5G) . ( 2 ) There shall be no variation or deviation from such Fill dimensional requirements except where expressly allowed by this Code. El ( 3L) Minimum and maximum dimensional requirements for [permitted uses within a PR or PI use district shall the same as those listed in the following tables or uses within the most restrictive use district adjacent to the subject PR or PI property. r fC LAND DEVELOPMENT CODE CITY OF SOUTH MIAMI 52 O b�awe �e C7• C)M La u1 r-i M tr-t tt'1 N 4�-4 4A 4a 4- vi co cn V) w �4 N1�0 h NNNNNOC>O O u app N -IT -IT 'T -ZITcnMM O DN cd Ems-a1 N f- I- I- t\r-r-1 r-4 r A r-1 LO"D'D L Lrl Lr C W enNM rn NNNNNU-) InU) ON � 4-I b110 c") MM MMM ON N <V CV NNNMC� CM Ln r4 r^•1 ` -4 r-4 �4 r--4 r-I r^I r-4 r-1 O In cn c tf1 N 41 1-I Z j j 4J 4a 4-1 4-1 4-1 4-d 4-1 4-1 44 4-1 4-1 IH 41I [x] N v Cr CT o- cr u- CT C7 C7' C7' CT CT O ttJJJ� N cA In cry m to w w w w to w U) �O U CD %�D O 4-4 C)C14 00000000 CD r1 O fl%l 000 C) OOOOC)MMM m -IT m C) N 00 -,T' r 4 r-1 r-I M NO cM 00 r--1 C- 00 00 00 00 trl Lrl Jrl r-: 00 -,T C-) -T'd' InV) In 0 Jr) LH C7' � n UI b�E ESE b�2 B-2 i\"b-:�-: OOOOO \ � M N N N N N N `�) N 444-1 W 44- 4J 4 44 Z - f j N In N U) CT C7 Q CT til CT 0.7 r-1 y. 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C7 CT CT CT CT CT Co R U ODD O 4- N 00000000 O ra O. � C) CO O OOOOOC'MMM m CY. �7 � O cV CQ u 1 -0 -'t-' �� r-a r-a r-a M w � ^ rn M 'CO r:� 0000 00 00 00 L Lr)Lr) r` 00 -T M -IT .;-Ir -T-:r Lr) Lr) u1 O lr 4-I r-r f'^ N 00000 (� MN -: N N N N� N En M C7 (� LQ H N 4-r 4-a 4a 4H 4-4 4H W 4a 4 I Lr) r H Q U (n U) U) Q' CT of C7' C7" Q' r a ~ U N 00 ►r) y I to U) w U) to U) r24 M 44 � � � O M N � � �] I'D 00 tl M M M M M c'� 00 0 r_ --T V� C9 r,'D O z 00 00 t-- 00 r--00[I-00 0 rn d i ir, O M O r w 9 11 Ol r--4 N C 7 t l%.O f-0O I . �r V, O M r- t!) 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