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Home My WebLink AboutO-14056City of Miami op if Ordinance 14056 ��l111 II li.RR �I + Legislation File Number: 9385 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 3/10/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 2, SECTION 2.2.1.3 AND SECTION 2.2.2 TO CLARIFY THAT THE MIAMI 21 CODE PROVIDES A HIGHER STANDARD OF ZONING FOR THOSE PROPERTIES LOCATED IN THE MIAMI-DADE COUNTY RAPID TRANSIT SYSTEM DEVELOPMENT ZONE AND PROVIDING THAT ALL SUCH PROPERTIES SHALL REMAIN SUBJECT TO ALL OF THE PROVISIONS OF THE MIAMI 21 CODE; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo WHEREAS, on October 17, 1978, the Board of Miami -Dade County Commissioners, pursuant to Ordinance No. 78-74, established the Rapid Transit Zone for the Stage I Fixed - Guideway Rapid Transit System in order to encourage development activity surrounding the rapid transit system; and WHEREAS, Miami -Dade County's ("County") original intent was to provide a coordinated review and analysis of mass transit facilities necessary to carry on a central metropolitan government in the County; and WHEREAS, the County has continued to increase areas included in the Rapid Transit Zone ("RTZ") beyond the County's original intent; and WHEREAS, Section 33C-2(C) of the Code of Miami -Dade County, Florida, as amended, provides that jurisdiction for regulatory decisions including, but not limited to, comprehensive planning; district boundary changes, special exceptions, variances, unusual uses, site plan approvals, and other zoning approvals; historic preservation; compliance with environmental regulations; issuance of building permits; building inspections; construction -related fire permits and inspections, but not fire suppression or fire rescue services or annual inspections for fire safety; compliance with the Florida Building Code and the Florida Fire Prevention Code; issuance of certificates of occupancy; building or zoning moratoria; subdivision approvals; and all other types of planning, zoning, subdivision, or building functions or other functions typically performed by departments, boards, or other entities that review or issue development permits or development orders for "lands included within the RTZ, shall be vested in Miami -Dade County regardless of any municipal code, charter, or ordinance provisions to the contrary;" and WHEREAS, the effect of the RTZ on properties located in the City of Miami ("City") is that the RTZ, in most cases, permits higher density development than what is provided for in Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and City of Miami Page 1 of 4 File ID: 9385 (Revision: 8) Printed On: 411212022 File ID: 9385 Enactment Number: 14056 WHEREAS, Section 6.02 of the Miami -Dade County Charter, as amended ("County Charter'), provides that each municipality shall have the authority to exercise all powers relating to its local affairs not inconsistent with the County Charter and each municipality may provide for higher standards of zoning, service, and regulation than those provided by the County in order that the municipality's individual character and standards may be preserved for the municipality's residents; and WHEREAS, the expansion of the County's jurisdiction via the RTZ to properties within the City threatens the orderly development and the health, safety, order, convenience, prosperity, and welfare of the present and future residents of the City; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 17, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R- 21- 052 by a vote of eight to zero (8-0), Item No. PZAB.7, 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 amendments as stated herein, including changed or changing conditions that make the passage of this ordinance necessary; and WHEREAS, the City Commission recognizes that any developments located within the Santa Clara Metrorail Station Subzone or the Allapattah subzone, or that have an approved site plan following a Miami -Dade County Administrative Site Plan Review (ASPR), or that have obtained a Miami -Dade County process number for general development plans on or before March 10, 2022, should be exempt from this ordinance as properly vested; and 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 2 in the following particulars:' "ARTICLE 2. GENERAL TO ZONES ' 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. City of Miami Page 2 of 4 File ID: 9385 (Revision: 8) Printed on: 411212022 File ID: 9385 Enactment Number: 14056 2.2. APPLICABILITY 2.2.1. Generally 2.2.1.3 This Code affects all lands, water, Structures, Uses, and occupancies within the area of the City of Miami shown on the Miami 21 Atlas. No Building, Structure, land or water shall be used or occupied, no land shall be subdivided and no Building, Structure, land or part thereof shall be developed except in conformity with the Transect regulations in which it is located and with all applicable regulations in this Miami 21 Code, including lands that are included in the Miami - Dade County Rapid Transit Zone. 2.2.2 Conflicts Where the requirements of this Miami 21 Code vary with the applicable requirements of any law, statute, rule, regulation, ordinance, or code, the most restrictive or that imposing the higher standard shall govern. Properties located within the Miami -Dade County Rapid Transit System Development Zone or within a Rapid Transit Zone District, as set forth in Chapter 33C of the Miami -Dade County Code, as amended, shall remain subiect to all of the arovisions of the Miami 21 Code. This Code does not abrogate or affect any Easements, covenants, deed restrictions, property owner association rules, or agreements between private parties. Where the regulations set out in this Code are more restrictive than such Easements, covenants, deed restrictions, homeowner association rules, or agreements between private parties, the restrictions of this Code shall govern. *„ Section 4. Any developments located within the Santa Clara Metrorail Station Subzone or the Allapattah subzone, or that have an approved site plan following a Miami -Dade County Administrative Site Plan Review (ASPR), or that have obtained a Miami -Dade County process number for general development plans on or before March 10, 2022, shall be exempt from this ordinance. Section 5. 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. City of Miami Page 3 of 4 File ID: 9385 (Revision: 8) Printed on: 411212022 File ID: 9385 Enactment Number: 14056 Section 6. This Ordinance shall become effective immediately after the adoption thereof.' APPROVED AS TO FORM AND CORRECTNESS: 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 4 File ID: 9385 (Revision: 8) Printed on: 411212022