HomeMy WebLinkAboutO-14027City of Miami
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Legislation
Ordinance: 14027
File Number: 9382
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 9/23/2021
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 3,
SECTION 3.9, TITLED "SPECIAL AREA PLANS" TO AMEND THE DEFINITION
OF THE TERM "ABUTTING' AS IT RELATES TO SPECIAL AREA PLANS;
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Jeffrey Watson
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and
WHEREAS, Article 1, Section 1.2 of the Miami 21 Code defines "Abutting" as "[t]o reach
or touch; to touch at the end or be contiguous with; join at a border or boundary; terminate on.
Abutting properties include properties across a street or alley"; and
WHEREAS, Article 3, Section 3.9 of the Miami 21 Code provides that the purpose of a
Special Area Plan ("SAP") is to allow parcels greater than nine (9) Abutting acres in size to be
master planned so as to allow greater integration of public improvements and Infrastructure and
greater flexibility so as to result in higher or specialized quality building and Streetscape design
within the SAP; and
WHEREAS, Article 3, Section 3.9.1(a) of the Miami 21 Code provides the qualifications
for a SAP; and
WHEREAS, the City Commission and various stakeholders have expressed a desire to
clarify how properties may be assembled for the purposes of qualifying for a SAP; and
WHEREAS, in particular, the City Commission wishes to clarify when an Abutting
property may be considered as part of a SAP; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
September 1, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-
032 by a vote of nine to one (9-1), Item No. PZAB.5, recommending approval of the proposed
amendment as stated herein; and
WHEREAS, the City Commission has considered whether the proposed text amendment
as stated herein 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 text amendment as stated herein, including changed or changing conditions that
make the passage of this proposed text amendment necessary; and
City of Miami Page 1 of 3 File ID: 9382 (Revision:) Printed On: 101512021
File ID: 9382
Enactment Number: 14027
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to amend the Miami 21 Code for the purpose stated herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 making modifications to Article 3
in the following particulars':
"ARTICE 3. GENERAL TO ZONES
3.9. SPECIAL AREA PLANS
3.9.1. General
Section 3.9.1(a).
The single or multiple owner(s) of Abutting properties in excess of nine (9) acres
may apply for a rezoning to a Special Area Plan. For the purposes of applying for
a rezoning to a Special Area Plan, the term Abutting shall not include properties
separated by the Florida East Coast Railway Corridor or separated across a
street or alley with an actual or zoned width of seventy (70) feet or greater as set
by Chapter 54, Article V of the City Code.
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately after the adoption
thereof.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 indicated omitted
and unchanged material.
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 2 of 3 File ID: 9382 (Revision:) Printed on: 101512021
File ID: 9382
Enactment Number: 14027
APPROVED AS TO FORM AND CORRECTNESS:
1
ria i dez, C oty Attor iey 9/8/2021
City of Miami Page 3 of 3 File ID: 9382 (Revision:) Printed on: 101512021