HomeMy WebLinkAboutPZAB (9444) ResolutionCity of Miami City Hall
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PZAB Resolution Miami, FL33133
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Enactment Number: PZAB-R-21-052
File ID: 9444 Final Action Date: 11/17/2021
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF 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,
TITLED "CONFLICTS" 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.
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, the Miami -Dade County's ("County") intent was to provide a coordinated
review and analysis of mass transit facilities necessary to carry on a central metropolitan
government in Miami -Dade County, however, the County has continued to increase areas
included in the Rapid Transit Zone ("RTZ"); and
WHEREAS, Section 33C-2 (C) 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 it 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
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WHEREAS, Section 6.02 of the Miami -Dade 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... Each municipality may provide for higher standards of
zoning, service, and regulation than those provided by the Board of County Commissioners in
order that its individual character and standards may be preserved for its citizens; and
WHEREAS, the expansion of the County's jurisdiction to properties within the City
threatens the orderly development and the health, safety, order, convenience, prosperity and
welfare of the present and future citizens of the City; 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
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 amend the Miami 21 Code 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 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
2.2. APPLICABILITY
2.2.1. Generally
2.2.1.3
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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
subject to all of the provisions 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. 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 5. This Resolution shall become effective immediately after the adoption
thereof.2
Reviewed and Approved:
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z 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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