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HomeMy WebLinkAboutO-13905City of Miami op Legislation �a�lldl 11 li.RR cl + try Ordinance: 13905 File Number: 6797 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/11/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES", TO REQUIRE AN EXCEPTION FOR MARINA USES IN "CS", CIVIC SPACE TRANSECT ZONES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted by the Miami City Commission as the City of Miami's ("City") Zoning Ordinance ("Miami 21 Code"); and WHEREAS, the Miami 21 Code currently allows Marina Uses in a "CS", Civic Space Transect Zone, by right; and WHEREAS, the City Commission is desirous of requiring an Exception for Marina Uses in a "CS", Civic Space Transect Zone; and WHEREAS, by implementing such a process, this amendment provides for a review of an Exception request for a proposed Marina on a property zoned "CS", Civic Space Transect Zone, by the Planning Department followed by a public hearing before the Planning, Zoning and Appeals Board ("PZAB") wherein PZAB will review, make findings, and approve, approve with conditions, or deny the Exception by applying the criteria established in the Miami 21 Code; and WHEREAS, this amendment is intended to and shall only apply to Marina Uses of a permanent nature and not to Temporary Use Permits ("TUPs") approved under Chapter 62 of the Code of the City of Miami, Florida, as amended ("City Code"), including but not limited to boat or trade shows; and WHEREAS, this amendment is intended to and shall only apply to new Marinas and not Marinas existing as of the date of adoption of this Ordinance in any event, including but not limited to expansion of existing Marinas and reconstruction of any existing Marinas'; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB"), at its meeting on March 4, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-013 by a vote of eight to zero (8 - 0), Item No. PZAB.3, recommending approval of the proposed amendment to the Miami 21 Code; and The existing Marinas on property zoned "CS," Civic Space Transect Zones, include Miamarina at Bayside, Dinner Key Marina/Mooring Field, Marine Stadium Marina, Grove Bay, Grove Harbour Marina & Caribbean Marketplace, Rickenbacker Marina, Aligned Bayshore Monty's, Coconut Grove Sailing Club, Miami Outboard Club, Miami Rowing and Watersports, Miami Yacht Club, Inc., US Sailing Center, and Shake -a -Leg. City of Miami Page 1 of 3 File ID: 6797 (Revision: 8) Printed On: 7/9/2020 File ID: 6797 Enactment Number: 13905 WHEREAS, it was the recommendation of the PZAB that this Ordinance apply to TUPs approved pursuant to Chapter 62 of the City Code; and WHEREAS, the City Commission has considered whether the proposed amendment will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed amendment to the Miami 21 Code, including changed or changing conditions that make the passage of the proposed amendment to the Miami 21 Code necessary; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is further amended by amending Article 4, Table 3 in the following particulars.2 "ARTICLE 4. STANDARDS AND TABLES TABLE 3. BUILDING FUNCTIONS: USES CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES T3 T4 T5 T6 C D SUBURBAN URBAN URBAN URBAN CIVIC DISTRICTS GENERAL CENTER CORE 2 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 3 File ID: 6797 (Revision: 8) Printed on: 7/9/2020 ■■■ ©©© W W ©©© W W ©©© W W MEN E E R R W W W W W W W W W W W W W W E W W R W 2 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 3 File ID: 6797 (Revision: 8) Printed on: 7/9/2020 ■■■ ©©© ©©© ©©© MEN ©©© ■■■©© ©©© ©©©©© ©©© 2 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. City of Miami Page 2 of 3 File ID: 6797 (Revision: 8) Printed on: 7/9/2020 File ID: 6797 *11 Enactment Number: 13905 Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected. Section 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word "Ordinance" may be changed to "Section", "Article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall apply only to new Marinas and shall not apply to any Marinas existing as of the date of adoption of this Ordinance including expansions of existing Marinas and reconstruction of existing Marinas. In addition, this Ordinance shall not apply to special events or special event permits. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.3 APPROVED AS TO FORM AND CORRECTNESS: 1 i ria i �nd- eU�z, C y lttor ey 3/18/2020 3 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 3 File ID: 6797 (Revision: 8) Printed on: 7/9/2020