Loading...
HomeMy WebLinkAboutPZAB (6794) ResolutionEnactment Number: PZAB-R-20-013 File ID: 6794 Final Action Date: 3/4/2020 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL OF AN ORDINANCE 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 MARINAS IN "CS" CIVIC SPACE TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"), was adopted; and WHEREAS, the Miami 21 Code currently allows Marinas in the "CS" Civic Space Transect Zone by right; and WHEREAS, the City is desirous of requiring an Exception for new Marinas in the "CS" Civic Space Transect Zone; and WHEREAS, by implementing an Exception process for Marinas in "CS" Civic Space Transect Zones, this amendment provides for a review of the Exception for a Marina Use by the Planning Department followed by a public hearing before PZAB where a review and findings for the Exception will be conducted by applying the Exception criteria in the Miami 21 Code and PZAB will approve, approve with conditions, or deny the Exception as provided in Article 7 of the Miami 21 Code; and WHEREAS, this amendment shall apply to Marina Uses of a permanent nature that will be operating a business for the storage, servicing, fueling, berthing, or securing of boats and will not apply to marine uses for temporary events or boat or trade shows; and WHEREAS, this amendment is intended to and shall only apply to new Marinas and not existing Marinas as of the passage of this Ordinance in any event, including but not limited to expansion of existing Marinas and reconstruction of any existing Marinas'; and WHEREAS, the PZAB finds that this requirement should also apply to Temporary Use Permits pursuant to Chapter 62 of the City Code of Ordinances ("City Code"); and ' The existing Marinas on property zoned CS include Miamarina at Bayside, Dinner Key Marina/Mooring Field, Marine Stadium Marina, Grove Bay, Grove Harbour Marina & Caribbean Marketplace, Rickenbacker Marina, Aligned Bayshore Montys, 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 /D: 6794 (Revision: A) Printed On: 311012020 City of Miami City Hall PZAB Resolution 3500 Pan American Drive Miami, FL 33133 www,miamigov.com oe� Enactment Number: PZAB-R-20-013 File ID: 6794 Final Action Date: 3/4/2020 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL OF AN ORDINANCE 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 MARINAS IN "CS" CIVIC SPACE TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"), was adopted; and WHEREAS, the Miami 21 Code currently allows Marinas in the "CS" Civic Space Transect Zone by right; and WHEREAS, the City is desirous of requiring an Exception for new Marinas in the "CS" Civic Space Transect Zone; and WHEREAS, by implementing an Exception process for Marinas in "CS" Civic Space Transect Zones, this amendment provides for a review of the Exception for a Marina Use by the Planning Department followed by a public hearing before PZAB where a review and findings for the Exception will be conducted by applying the Exception criteria in the Miami 21 Code and PZAB will approve, approve with conditions, or deny the Exception as provided in Article 7 of the Miami 21 Code; and WHEREAS, this amendment shall apply to Marina Uses of a permanent nature that will be operating a business for the storage, servicing, fueling, berthing, or securing of boats and will not apply to marine uses for temporary events or boat or trade shows; and WHEREAS, this amendment is intended to and shall only apply to new Marinas and not existing Marinas as of the passage of this Ordinance in any event, including but not limited to expansion of existing Marinas and reconstruction of any existing Marinas'; and WHEREAS, the PZAB finds that this requirement should also apply to Temporary Use Permits pursuant to Chapter 62 of the City Code of Ordinances ("City Code"); and ' The existing Marinas on property zoned CS include Miamarina at Bayside, Dinner Key Marina/Mooring Field, Marine Stadium Marina, Grove Bay, Grove Harbour Marina & Caribbean Marketplace, Rickenbacker Marina, Aligned Bayshore Montys, 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 /D: 6794 (Revision: A) Printed On: 311012020 WHEREAS, the PZAB has considered whether the proposed amendment will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the PZAB has considered the need and justification for the amendment to the Miami 21 Code, including changed or changing conditions that make the passage of the amendment as stated herein necessary; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Planning, Zoning, and Appeals Board hereby recommends to the Miami City Commission that Article 4, Table 3 of the Miami 21 Code be amended in the following particulars:' "ARTICLE 4. STANDARDS AND TABLES TABLE 3. BUILDING FUNCTIONS: USES T3 T4 T5 T6 C D SUBURBAN URBAN GENERAL URBAN CENTER URBAN CORE CIVIC DISTRICTS ®E® ®O® ®O® ®®® ®®® ®® CIVIL SUPPORT COMMUNITY SUPPORT FACILITY INFRASTRUCTURE AND UTILITIES MAJOR FACILITY MARINA PUBLIC PARKING RESCUE MISSION TRANSIT FACILITIES R Allowed By Right W Allowed By Warrant: Administrative Process - CRC (Coordinated Review Committee) E Allowed By Exception: Public Hearing - granted by PZAB (Planning, Zoning & Appeals Board) Boxes with no designation signify Use prohibited. City of Miami Page 2 of 3 File ID: 6794 (Revision: A) Printed On: 3110/2020 01111 111111MI Nil M©© mum o©© ©©© ©©© ©©© ©E.Man oo© R Allowed By Right W Allowed By Warrant: Administrative Process - CRC (Coordinated Review Committee) E Allowed By Exception: Public Hearing - granted by PZAB (Planning, Zoning & Appeals Board) Boxes with no designation signify Use prohibited. City of Miami Page 2 of 3 File ID: 6794 (Revision: A) Printed On: 3110/2020 01111 M©© mum o©© ©©© oo© loom mum mum ©© ©©© R Allowed By Right W Allowed By Warrant: Administrative Process - CRC (Coordinated Review Committee) E Allowed By Exception: Public Hearing - granted by PZAB (Planning, Zoning & Appeals Board) Boxes with no designation signify Use prohibited. City of Miami Page 2 of 3 File ID: 6794 (Revision: A) Printed On: 3110/2020 Uses may be further modified by Supplemental Regulations, State Regulations, or other provisions of this Code. See City Code Chapter 4 for regulations related to Alcohol Service Establishment and Food Service Establishments. Additional densities in some T6 zones are illustrated in Diagram 9. ** AZ: Density of lowest Abutting Zone *** This Exception process for Marinas in CS shall only apply to new Marinas and shall not apply to any existing Marinas as of the passage of this Ordinance in any event including but not limited to expansion of existing Marinas and reconstruction of existing Marinas This Exception process shall also only be required for permanent Marinas and Temporary Use Permits pursuant to Chapter 62 of the City Code but not for special events Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution should not be affected. tion 4. This Resolution shall become effective immediately upon its adoption. I 2 rancisc arcia, VDirector Execution Date Department of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, EriM (, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS U DAY OF MCIVC, 2020 1119 Print Notary Name Notary u is State of Florida Personally know or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath WATRVALVAREZ *. Commission 1t GG 153775 *a Expires November 20, 2021 Bonded TM Troy Fein k5mme 800,45-7019 City of Miami Page 3 of 3 File ID: 6794 (Revision: A) Printed On: 311012020