HomeMy WebLinkAboutPZAB (9443) ResolutionCity of Miami City Hall
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PZAB Resolution Miami, FL 33133
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Enactment Number: PZAB-R-21-032
File ID: 9443 Final Action Date: 9/1/2021
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD ("PZAB")
RECOMMENDING APPROVAL AS AMENDED, TO THE MIAMI CITY COMMISSION
OF AN ORDINANCE AMENDING ORDINANCE NO. 13114 ("MIAMI 21 CODE"), 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.
WHEREAS, on October 22, 2009, the Miami City Commission adopted Ordinance No.
13114 ("Miami 21 Code"), as amended, the Zoning Ordinance of the City of Miami; and
WHEREAS, Article 1, Section 1.2 of the Miami 21 Code provides the definition of
"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 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 Special Area Plan; and
WHEREAS, Article 3, Section 3.9.1 (a) of the Miami 21 Code provides the qualifications
for an application for a rezoning to a Special Area Plan; and
WHEREAS, the Planning, Zoning and Appeals Board and various stakeholders have
expressed a desire to clarify how properties may be assembled for the purposes of qualifying for
a rezoning of a Special Area Plan; and
WHEREAS, in particular, the Planning, Zoning and Appeals Board wishes to clarify
when an Abutting property may be considered as part of an application for a rezoning of a
Special Area Plan; and
WHEREAS, at its meeting on September 1, 2021, the Planning, Zoning and Appeals
Board agreed with the substance of the text change but recommended that the text language be
slightly modified to provide more clarity; and
WHEREAS, the Planning, Zoning and Appeals Board has considered whether the
proposed text amendment as stated herein will further the goals, objectives, and policies of the
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Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City
regulations; and
WHEREAS, the Planning, Zoning and Appeals Board has considered the need and
justification for the proposed text amendments as stated herein, including changed or changing
conditions that make the passage of this ordinance necessary; and
WHEREAS, the Planning, Zoning and Appeals Board finds that it is in the best interest of
the City and its residents to recommend to the City Commission that the Miami 21 code be
amended for the purpose stated herein;
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 Miami 21 Code is further amended by making modifications to Article 3
in the following particulars':
"ARTICLE 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.
*„
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 indicated omitted and unchanged
material.
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Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of the Resolution shall not be affected.
Section 4. This Resolution shall become effective immediately after the adoption
thereof.
Reviewed and Approved:
sac -.[va-Pons AI P, Director, Department of- lanning 91212021
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