The URL can be used to link to this page

Home My WebLink AboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk FROM: Victoria Mendez, City Attorney ��(J 2 DATE: December 16, 2021 RE: Ordinance No. 13906 — Zoning Text - Public Storage Facilities, District Zones Only File No. 6930 At its June 11, 2020 meeting, the City Commission adopted the above -referenced agenda item, PZ.2, to amend Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ('Miami 21 Code"). The item inadvertently contained a scrivener's error as "Public Storage Facilities" in the first column of Article 6, Table 13 of the Miami 21 Code should not have been stricken through/deleted. The Legislation has been corrected and incremented to Revision C. VM/BLM/ALK/vja Enclosure(S) C o m rn co ti��\ UF'IY t 19LLAP &AAIfA � iecsL ' 4. File Number: 6930 City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com Final Action Date: 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 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO DISALLOW PUBLIC STORAGE FACILITIES IN A L75," URBAN CENTER ZONE, AND L76," URBAN CORE ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City of Miami ("City") adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, Public Storage Facilities are generally designed with a lack of architectural diversity and inactive ground floors; and WHEREAS, Public Storage Facilities have been detrimental to commercial corridors; and WHEREAS, the Planning, Zoning and Appeals Board at its meeting on January 15, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-005 by a vote of eight to zero (8-0), Item No. PZAB. 6, recommending approval to amend Article 6, Table 13, titled "Supplemental Regulations", to disallow public storage facilities in the 75," Urban Center Zone, and 76," Urban Core Zone, Transect Zones; and WHEREAS, the City Commission has considered whether the proposed change will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and WHEREAS, due consideration has been given to the need and justification for the proposed change, including changed conditions that make the passage of the proposed change 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 Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is hereby further amended by modifying Article 6, Table 13 in the following particulars:' ' 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 unchanaed material. City of Miami File ID: 6930 (Revision: A) Printed On: 6/2/2020 "ARTICLE 6. SUPPLEMENTAL REGULATIONS TABLE 13. T5 - URBAN CENTER ZONE - OPEN T5 —URBAN CENTER ZONE DENSITY [65 UNITS PER ACRE 65 UNITS PER 65 UNITS PER ACRE UPA ACRE PLJBL!(; 411n vier! by W;;rrront ;;pd QTQR U\ P ci ihier+t to the fnlln nrinn C/\T'c(;IIrITV rl alJi+r�n inl r reiiiremerlt6' r'vr�-rr �Qinimi im r-7ict�nr+e Feq�eMeRt efi5QQ foot r;;dM is hebnreen riri n+hter OVICt0 Rg fa ni litY \l\/ri i�rer fnr rerli rtinp ire r-lic+n rune rolvi �iremer�+ is not nermiccihle Di �hlir+ Ctnrane Cnnilitie shall have qre,_,pd_ flee.r retail aIGRg PFORr+ipal 49Rtage /� mir�i ef 500,4 cc f t t't he prepesed nrni 1RGI flnnr rotAil ch.;ll he i inrel�+er-1 +n +he Di ihlir+ Qtnrane Canility. The mrivimi im size of feRCQl .s'p^ine 7e 4QQ sg61are feet adeq6iate G'y ��lenr+e shell he fa it / RY heat nryehir+le ctnred in these f7r+111t1e1; chill not evr+eerl an n\/erell IeNlr+h of '��. fee+ City of Miami File ID: 6930 (Revision: A) Printed On: 6/2/2020 T6 —URBAN CORE ZONE DENSITY 550 UNITS PER 150 UNITS PER 150-1,000 UNITS PER UPA ACRE* ACRE* ACRE* pugLig 411n vier! by W;;rrbn+ ;;nrJ QTQR 4!_C ci shier++ +n the fnlln nrinn PAGI lrITV �rJrJi+ier �l rolvi iiremer +c• rT'c'vr�-rr Minimi im rise+;;nr+e e#i5QQ fee+ ro�ii is he+�nreen .Ar•.e+her oV.GtiR v fanility Seri+hin anv TF nr T-6 \A/�i rer fnr reels v++inn in r-lie+�nno roni iiromon+ is RGt PeFMOGGH9le Di ihlir+ Q+nrbne Canili+iec shall have @rei ,p p_J floor fr�nrntage A mini on„fr 0 `�3� nrni Rd flnnr re+Ail chill he i ,nrel;;+er•J +e +he The mrivimi im size of KeRtal spar. NQ 400 crviiaFe feet. City of Miami File ID: 6930 (Revision: A) Printed On: 6/2/2020 *„ 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 should 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 realtered and that the word "Ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. Notwithstanding the passage of Ordinance No. 13888 on January 23, 2020, imposing a moratorium on new applications for zoning entitlements and building permits for Public Storage Facilities ("Moratorium"), all vested rights that accrued to an applicant for a Public Storage Facilities prior to the imposition of the Moratorium shall be recognized. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption by the City Commission.2 APPROVED AS TO FORM AND CORRECTNESS . -\� I I I 1-1 i ria i end- e Attar ey 1/1312020 i ria i ' nde�z, City Attor ey 2/27I2020 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 File ID: 6930 (Revision: A) Printed On: 6/2/2020 City of Miami tn�l6_OF Fa. V Legislation *tliti fill! IiRl 11 +*� Ordinance: 13906 File Number: 6930 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 6/11/2020 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 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS," TO DISALLOW PUBLIC STORAGE FACILITIES IN A "75," URBAN CENTER ZONE, AND "76," URBAN CORE ZONE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City of Miami ("City") adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida ("Miami 21 Code"); and WHEREAS, Public Storage Facilities are generally designed with a lack of architectural diversity and inactive ground floors; and WHEREAS, Public Storage Facilities have been detrimental to commercial corridors; and WHEREAS, the Planning, Zoning and Appeals Board at its meeting on January 15, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-005 by a vote of eight to zero (8-0), Item No. PZAB. 6, recommending approval to amend Article 6, Table 13, titled "Supplemental Regulations", to disallow Public Storage Facilities in 75," Urban Center Transect Zones, and 76," Urban Core Transect Zones; and WHEREAS, the City Commission has considered whether the proposed change will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and WHEREAS, due consideration has been given to the need and justification for the proposed change, including changed conditions that make the passage of the proposed change 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 Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is hereby further amended by modifying Article 6, Table 13 in the following particulars:' ' 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 1 of 5 File ID: 6930 (Revision: C) Printed On: 1212212021 File ID: 6930 Enactment Number: 13906 "ARTICLE 6. SUPPLEMENTAL REGULATIONS TABLE 13. T5 - URBAN CENTER ZONE - OPEN DENSITY (UPA) PUBLIC STORAGE FACILITY T5 -URBAN CENTER ZONE [65 UNITS PER ACRE 65 UNITS PER 65 UNITS PER ACRE ACRE City of Miami Page 2 of 5 File ID: 6930 (Revision: C) Printed on: 1212212021 File ID: 6930 Enactment Number: 13906 DENSITY (UPA) PUBLIC STORAGE FACILITY T6 -URBAN CORE ZONE 150 UNITS PER 150 UNITS PER 150-1,000 UNITS PER ACRE* ACRE* ACRE* City of Miami Page 3 of 5 File ID: 6930 (Revision: C) Printed on: 1212212021 File ID: 6930 Enactment Number: 13906 *„ 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 should 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 realtered and that the word "Ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. Notwithstanding the passage of Ordinance No. 13888 on January 23, 2020 imposing a moratorium on new applications for zoning entitlements and building permits for Public Storage Facilities ("Moratorium"), vested rights that accrued for a Public Storage Facility from an application for a zoning entitlement or building permit submitted prior to the imposition of the Zoning in Progress and Moratorium shall be recognized. Section 6. Any legal non -conforming Public Storage Facilities must comply with all of the regulations in place at the time of issuance of the zoning entitlement. Section 7. This Ordinance shall become effective thirty (30) days after final reading and adoption by the City Commission.2 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 4 of 5 File ID: 6930 (Revision: C) Printed on: 1212212021 File ID: 6930 Enactment Number: 13906 APPROVED AS TO FORM AND CORRECTNESS: f l i f ria i ' ndez, ity Httor ey 612312020 Uria ndez, City Httor ey 1212212021 City of Miami Page 5 of 5 File ID: 6930 (Revision: C) Printed on: 1212212021