HomeMy WebLinkAboutPZAB (7228) ResolutionvS i
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City Of Miami
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PZAB Resolution Miami, FL33133
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Enactment Number: PZAB-R-20-021
File ID: 7228 Final Action Date: 7/15/2020
A RESOLUTION OF THE CITY OF MIAMI PLANNING, ZONING AND APPEALS
BOARD ("PZAB") FAILING TO RECOMMEND APPROVAL TO THE MIAMI CITY
COMMISSION OF AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS", AND
AMENDING DIAGRAM 1 IN ARTICLE 3, SECTION 3.11, TITLED "WATERWAYS &
WATERBODIES WITH WATERFRONT PROPERTIES" TO REMOVE PROPERTIES
ZONED AS "CS", CIVIC SPACE ZONE, LOCATED ON A WATERBODY FROM THE
DEFINITION OF WATERFRONT AND TO UPDATE DIAGRAM 1 IN ARTICLE 3,
SECTION 3.11 ACCORDINGLY; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on January 24, 2019, the City Commission adopted Ordinance No. 13804,
amending Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Miami 21
Code") by, inter alia, adding the definitions of "Waterbody", "Waterfront", "Waterway"; and
WHEREAS, according to the Miami 21 Code definitions, those properties that meet the
definition of "Waterbody" and "Waterway" are considered "Waterfront"; and
WHEREAS, "Waterbody," as defined in the Miami 21 Code, are bodies of water
separated by a salinity dam from Biscayne Bay; and
WHEREAS, properties along a "Waterbody" may be subject to the Waterfront Standards
as described in Section 3.11 of the Miami 21 Code, including mandatory setback requirements,
if identified within the Miami River Greenway Action Plan or other Waterfront Master Plans as a
component of a publicly accessible Greenway and Blueway network system within the City and
Miami -Dade County; and
WHEREAS, the City of Miami, Florida ("City") wishes to maintain flexibility within City
parks along "Waterbodies" as defined in the Miami 21 Code; and
WHEREAS, City parks are generally zoned as "CS" — Civic Space Zone under the Miami
21 Code; and
WHEREAS, the City seeks to remove properties zoned in such a manner and fronting a
Waterbody from the definition of Waterfront to ensure flexibility that responds to the wishes of
the neighboring residents for smaller City parks along Waterbodies; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB" or "Board") considered
whether the proposed amendment will further the goals, objectives, and policies of the Miami
City of Miami Page 1 of 3 File ID: 7228 (Revision: C) Printed On: 912412020
Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations;
and
WHEREAS, the PZAB considered the need and justification for the proposed change,
including changed or changing conditions that make the passage of this ordinance necessary;
and
WHEREAS, there was a motion to recommend approval, as modified to specify
particular properties that would be affected, of the Miami 21 Code text amendment that failed as
four (4) members voted in favor and five (5) members voted against;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA
Section 1. The recitals and finding contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. It is recommended to the Miami City Commission that Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, be amended by amending Article 1
and Article 3 in the following particulars:'
"ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
Waterfront: The area of a property that fronts a Waterway or Waterbody, except for those
properties zoned as "CS" Civic Space Zone fronting a Waterbody, and is improved to
preserve the City's natural shoreline and to guarantee Open Space along the water's edge.
ARTICLE 3. GENERAL TO ZONES
SECTION 3.11 WATERFRONT STANDARDS
DIAGRAM 1: WATERWAYS & WATERBODIES WITH WATERFRONT PROPERTIES.
1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
City of Miami Page 2 of 3 File ID: 7228 (Revision: C) Printed On: 912412020
Section 3. This Resolution shall be effective immediately upon its adoption.
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Fracisco"llarcia, Director Execution ate
DepaNflitnt of Planning
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE ) IJl C3G
Personally appeared before me, the undersigned authority, ZCi ("tGtiG , 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 ) DAY OF p_(—Y+ 2020
Print Notary Name Notary Public 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
,oR�Rr?!•, BEATRIZALVAREZ
' Commission # GG 153776
gs Expires November 20, 2021
' Bonded Tin TMY Fain lnsurance g0 4e&7019
City of Miami Page 3 of 3 File ID: 7228 (Revision: C) Printed On: 912412020