HomeMy WebLinkAboutO-13958City of Miami
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Legislation
Ordinance: 13958
File Number: 5694
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 12/10/2020
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 7,
SECTION 7.1.2.8, TITLED "AMENDMENT TO MIAMI 21 CODE," TO EXEMPT
REZONINGS OF PROPERTIES BY THE CITY OF MIAMI TO "CS," CIVIC
SPACE TRANSECT ZONES, OR 7-1," NATURAL TRANSECT ZONES, FROM
MINIMUM SIZE AND FRONTAGE REQUIREMENTS; MAKING FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
SPONSOR(S): Commissioner Joe Carollo
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami ("Miami 21 Code"); and
WHEREAS, Section 7.1.2.8 of the Miami 21 Code, titled "Amendment to Miami 21
Code", provides that all zoning changes shall maintain the goals of the Miami 21 Code to
preserve neighborhoods and provide transitions in intensity, density, building height, and scale;
and
WHEREAS, it has been determined that modifications to Section 7.1.2.8 of the Miami 21
Code are required to further advance the intent of the Miami 21 Code; and
WHEREAS, the proposed amendment would allow rezonings initiated by the City of
Miami ("City") of properties to "CS," Civic Space Transect Zones, and 7-1," Natural Transect
Zones, without having to comply with the minimum size or frontage requirements; and
WHEREAS, the proposed amendment would allow the development of new open space
opportunities throughout the City; and
WHEREAS, the proposed amendment would also allow the City to provide additional
green spaces at a neighborhood scale, improving the quality of neighborhoods throughout the
City; and
WHEREAS, the proposed amendment will enable the City to designate additional areas
as 71," Natural Transect Zones, furthering the Miami 21 Code's conservation goals; and
WHEREAS, on March 6, 2019, the Planning, Zoning and Appeals Board (TZAB"), at a
duly noticed public hearing, considered PZAB Item No. 4 and passed PZAB Resolution No. R-
19-012 by a vote of 9-0, recommending approval to the City Commission of the proposed
amendment as stated herein; and
City of Miami Page 1 of 3 File ID: 5694 (Revision: A) Printed On: 1212812020
File ID: 5694 Enactment Number: 13958
WHEREAS, consideration has been given as to 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, consideration has been given to the need and justification for the proposed
amendment, including changed or changing conditions that make the passage of the proposed
amendment 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
hereby adopted by reference incorporated herein as if fully set forth in this Section.
Section 2. Article 7, Section 7.1.2.8 of the Miami 21 Code is amended in the following
particulars:
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1 PROCEDURES
7.1.2 Permits
7.1.2.8 Amendment to Miami 21 Code
c. Applications for rezoning (Miami 21 Atlas amendment)
1. Except where the proposal for the rezoning of property involves an extension of an existing
Transect boundary, no rezoning of land shall be considered which involves less than forty
thousand (40,000) square feet of land area or two hundred (200) feet of street Frontage on one
(1) street. A rezoning to a "CS," Civic Space Transect Zone, or 71," Natural Transect Zone,
initiated by the City shall be exempt from the minimum size and Frontage requirements as
stated herein. Any properties less than twenty thousand (20,000) square feet or two hundred
(200) feet of street frontaae which are rezoned to "CS." Civic Space Transect Zone. shall not be
utilized towards the City's no net loss policy for public park land. Applications for rezoning may
be made by:
(a) The City Commission;
(b) The Planning, Zoning and Appeals Board;
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: 5694 (Revision: A) Printed on: 1212812020
File ID: 5694
Enactment Number: 13958
(c) Any other department, board or agency of the City;
(d) Any person or entity other than those listed in (a) through (c), above, provided that only the
owner(s) or their agent(s) may apply for the rezoning of property.
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 shall 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 become effective immediately upon its adoption by
the City Commission.2
APPROVED AS TO FORM AND CORRECTNESS:
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2 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: 5694 (Revision: A) Printed on: 1212812020