HomeMy WebLinkAboutPZAB (13165) ResolutionCity of Miami City Hall
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PZAB Resolution Miami, FL33133
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Enactment Number: PZAB-R-23-006
File ID: 13165 Final Action Date: 1/4/2023
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL OF AN
ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF
THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING
ARTICLE 1, TITLED "DEFINITIONS"; ARTICLE 6, TITLED "SUPPLEMENTAL
REGULATIONS"; AMENDING ARTICLE 7, TITLED "PROCEDURES AND
NONCONFORM ITIES"; AND APPENDIX A, TITLED "NEIGHBORHOOD
CONSERVATION DISTRICT", TO REPLACE OR STRIKE REFERENCES TO THE
NEIGHBORHOOD ENHANCEMENT TEAM ("NET") FROM THE MIAMI 21 CODE;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida ("Miami 21 Code") was adopted as the City of Miami's ("City") Zoning
Ordinance; and
WHEREAS, on September 24, 2020, pursuant to Ordinance No. 13926, the City
Commission adopted the City's Fiscal Year 2020-2021 operating budget; and
WHEREAS, the City's Fiscal Year 2020-2021 operating budget eliminated the
Neighborhood Enhancement Team ("NET"), resulting in the reorganization of NET functions;
and
WHEREAS, it is necessary to address all references to the NET in the Miami 21 Code;
and
WHEREAS, consideration has been given to whether the proposed amendment will
further the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code, and other City regulations; and
WHERAES, consideration has been given to the need and justification for the proposed
reorganization; and
WHEREAS, the Planning, Zoning and Appeals Board, after careful consideration of this
matter deems it advisable and in the best interest of the general welfare of the City of Miami and
its citizens to recommend to the Miami City Commission an ordinance to amend the Miami 21
Code as hereinafter set forth;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
City of Miami Page 1 of 9 File ID: 13165 (Revision:) Printed On: 1/1112023
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. It is recommended to the City Commission that Article 1 of the Miami 21
Code be amended in the following particulars:
"ARTICLE 1. DEFINITIONS
1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
e. CIVIC
Community Facility: A non-commercial facility established primarily for the benefit and service of
the general public of the community in which it is located. Such facilities include, but are not
limited to: community centers; Git y of Miami NET effinoc'- and cultural facilities, such as libraries
and museums.
1.2 DEFINITIONS OF TERMS
NET-: -: Gity Of Mi-ami°c Weighherheed Ephaproeme.pt Team
Section 3. Article 6 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.3.4 Health District Green Market
Outdoor green markets are permitted within the CI -HD Transect Zone of+or mard-ateF„ referral
to the distri` t nICT 4dm0n0c4rro4nr ;;p subject to all of the following conditions, regulations, and
limitations. In addition to these requirements, an operational plan and vendor guidelines shall be
required at the time of application:
6.3.5 Central Coconut Grove Green Market
City of Miami Page 2 of 9 File ID: 13165 (Revision:) Printed On: 1/1112023
Outdoor green markets are permitted within the district subject to obtaining a Warrant#
mri RdateFy referral to the distrin4 WRT Umipis ateF GRI y; and subject to all of the following
conditions, regulations, and limitations:
*„
Section 4. Article 7 of the Miami 21 Code is hereby amended in the following
particulars:'
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
7.1.1.3 Coordinate Review Committee
a. Establishment
There is hereby established a committee to be known as the Coordinated Review Committee.
The Coordinated Review Committee shall consist of the following members: the Planning
Director who shall serve as the chair of the committee, the Zoning Administrator, the City
Attorney, +ho NFET DireGter and the Public Works Director, and other city, county, school board
and governmental and utility officials with the necessary expertise that the Planning Director
may require for any particular application review.
7.1.2.2 City Request for Planning Determination of Use
a. Notifications concerning determinations.
Upon making the determination, the Planning Director shall notify any other officer or agency of
the city likely to be affected by such ruling .rd all NET effir•oc Additionally, notice of the
determination shall be published to the public on the official city website.
7.1.2.3 Zoning Interpretation
a. Notifications concerning interpretations.
Upon making his interpretation, the Zoning Administrator shall notify the party requesting the
interpretation, as well as any other officer or agency of the City likely to be affected by such
ruling and
the official representatives of all registered neighborhood and homeowner associations
the NFET A_ffir.o +ham+ icc A ppliGable to the . pplir aRt r,FGPeFt y in the designated area applicable to
the subject property, and the City shall post the interpretation on the City's official website.
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7.1.2.4 Warrant
b. Required notice and hearing.
Additionally, at the time of submitting the application, the applicant shall obtain from the
Department of Planning the list of all registered Neighborhood and homeowner associations
,",i+hip +ho �ICT effino that is applicable to applir aRt r,r.� peFt„ in the designated area applicable
to the subject property and shall notify the �ICT „ffirLQ aAd official representatives of all such
registered associations, by certified mail, of the application. Neighborhood and homeowner
associations who wish to receive such notice must register on an annual basis at their ler..al WICT
e#ises the City Manager's Office, or its designated City Department.
c. Review and approval process.
3. The Planning Director shall approve, approve with conditions or deny the Warrant application,
but in no event shall a Warrant be issued prior to thirty (30) days from the time the notice of the
application is provided to the NET registered neighborhood homeowner associations.
Approvals shall be granted when the application complies with all applicable regulations;
conditional approvals shall be issued when the applications require conditions in order to be
found in compliance with all applicable regulations; denials of applications shall be issued if after
conditions and safeguards have been considered, the application still fails to comply with all
applicable regulations. The decision of the Director shall include an explanation of the code
requirements for an appeal of the decision and shall be provided to the NET Affirta ,",hinh sh III
i+hip five (5) G,,,,s dis+rih, ,+o the �n4,rr,r+ +„ the official representatives of all registered
neighborhood and homeowner associations `""thin +ho nICT nffino +ham+ is applicable +n the
in the designated area applicable to the subject property, and the City shall
post on the City's website. The Director shall include a citation to the legal authority for any
denial of a Warrant.
7.1.2.5 Waiver
c. Required notice and hearing.
Additionally, at the time of initial application, the applicant shall obtain from the Department of
Planning the list of all registered Neighborhood and homeowner associations `""thin the nICT
in the designated area applicable to the subject
Property and shall notify the NET ^ffi d- official representatives of all such registered
City of Miami Page 4 of 9 File ID: 13165 (Revision:) Printed On: 1/1112023
associations, by certified mail, of the application. Neighborhood and homeowner associations
who wish to receive such notice must register on an annual basis at their NET ^ffinec the
City Manager's Office, or its designated City Department.
d. Review criteria and approval process.
The Zoning Administrator shall review the Waiver application, as required under this Code, in
regard to compliance with the standards applicable to the specific Waiver and guiding principles
in Article 2 of the Miami 21 Code. Recommendations and findings from the Planning Director
shall be forwarded to the Zoning Administrator when applicable or when requested by the
Zoning Administrator. The review by the Planning Director shall apply Article 4, Table 12 Design
Review Criteria, as applicable. Based on these findings, and the applicable findings and
determinations of the Zoning Administrator, the Zoning Administrator will issue a final decision
on the Waiver request within ten (10) calendar days of receiving the Planning Director's
recommendation and findings. The application shall be approved, approved with conditions or
denied. A citation to the legal authority shall be included for any denial of a Waiver. In no event
shall a Waiver be issued prior to thirty (30) days from the time the notice of the application is
provided to the Wtee registered neighborhood homeowner associations. The decision of
the Zoning Administrator shall include an explanation of the code requirements for an appeal of
the decision and shall be provided to the NET ^tee registered neighborhood homeowner
associations by Whinh shall Within, fi"e (5) GlayG distributeiag the Waiver to the official
representatives of all registered neighborhood and homeowner associations `""thin the NIET
effir+e that is appli` able t^ the appli` aRt ^r^^erty in the designated area applicable to the subject
Property, and the City shall post on the City's website.
7.1.2.6 Exception
c. Decision by the Planning, Zoning and Appeals Board.
1. Notice and hearing.
Additionally, the City shall notify all registered neighborhood and homeowner associations withip
the nICT ^ffine th^t is AppliGable to appli` aRt ^r^^erty in the designated area applicable to the
subject property and shall notify the NET ^ffine ,ram official representatives of such registered
associations, by certified mail, of the application. Neighborhood and homeowner associations
who wish to receive such notice must register on an annual basis at their '^^^' NET ^ffi`+ec the
City Manager's Office, or its designated City Department.
2. Review and findings.
City of Miami Page 5 of 9 File ID: 13165 (Revision:) Printed On: 1/1112023
The Planning, Zoning and Appeals Board shall give full consideration to the Planning Director's
recommendations, and shall determine whether to grant an application for Exception, to grant
with conditions and safeguards or to deny the application. The Planning, Zoning and Appeals
Board shall issue written findings that the applicable requirements of the Miami 21 Code have or
have not been met. In no event shall an Exception be issued prior to thirty (30) days from the
time the notice of the application is provided to the NET e registered neighborhood
homeowner associations. The decision of the Planning, Zoning and Appeals Board shall include
an explanation of the code requirements for an appeal of the decision and shall be provided to
the WRT registered neighborhood homeowner associations by "'hir h sh ill ,^,i+hir five /5\
des- distributeinL the Exception to the official representatives of all registered neighborhood
and homeowner associations `"n+hir, +ho "ICT effv+o that is appli able to the appliGaRt prepeFt y in
the designated area applicable to the subject property, and the City shall post on the City's
website. The Planning, Zoning and Appeals Board shall include a citation to the legal authority
for any denial of an Exception.
7.1.2.7 Variance
e. Review by the Planning, Zoning and Appeals Board.
1. Notice.
Additionally, the City shall notify all registered neighborhood and homeowner associations withip
+ho "ICT ;,:fine +ham+ AppliGable to appliGaRt r,r„r,eFt y in the designated area applicable to the
subject property and shall notify the NET fairVe official representatives of such registered
associations, by certified mail, of the application. Neighborhood and homeowner associations
who wish to receive such notice must register on an annual basis at their I„n,l NET Affirtas the
City Manager's Office, or its designated City Department.
2. Decision by the Planning, Zoning, and Appeals Board.
The Planning, Zoning and Appeals Board shall consider the recommendations of the Planning
Director, conduct a quasi-judicial hearing, and shall issue written findings that the application
meets or does not meet the applicable criteria allowing for a Variance from the regulations of the
Miami 21 Code. In no event shall a Variance be issued prior to thirty (30) days from the time the
notice of the application is provided to the NET registered neighborhood homeowner
associations. The decision of the Planning, Zoning and Appeals Board shall include an
explanation of the code requirements for an appeal of the decision and shall be provided to the
NET effire hinh shall ^ii+hir, five /r.\
rej istere neiq or o0 homeowner associations V W
day-s_, distribut4aiag the Variance to the official representatives of all registered neighborhood and
homeowner associations `""thin the "ICT effino that is appli` able to the appliGaRt property in the
designated area applicable to the subject property, and the City shall post on the City's website.
The Planning, Zoning and Appeals Board shall include a citation to the legal authority for any
denial of a Variance.
City of Miami Page 6 of 9 File ID: 13165 (Revision:) Printed On: 1/1112023
7.1.2.8 Amendment to Miami 21 Code
e. Review by the Planning, Zoning, and Appeals Board.
1. Notice.
Additionally, the City shall notify all registered neighborhood and homeowner associations withip
the nICT nffir+o +ham+ ,, AppliGable to appliGaRt nr„norty in the designated area applicable to the
subject property and shall notify the NICT „ff,,.o ,rd the official representatives of such
registered associations, by certified mail, of the rezoning application. Neighborhood and
homeowner associations who wish to receive such notice must register on an annual basis at
+he;r nICT „ff,,.oss the City Manager's Office, or its designated City Department.
g. City Commission action on Planning, Zoning, and Appeals Board recommendations.
1. Notice and hearings.
Additionally, the City shall notify all registered neighborhood and homeowner associations withip
the nICT nffi`+o +ham+ ,sS AppliGable to appliGaRt nr„norty in the designated area applicable to the
subject property and shall notify the ^ICT nff0ro "„d the official representatives of such
registered associations, by certified mail, of the rezoning application. Neighborhood and
homeowner associations who wish to receive such notice must register on an annual basis at
+he;r nICT n#i`+oc the City Manager's Office, or its designated City Department.
2. Adoption.
In no event shall a rezoning be issued prior to thirty (30) days from the time the notice of the
application is provided to the NET Affir-ta registered neighborhood homeowner associations. The
decision of the City Commission shall include an explanation of the code requirements for an
appeal of the decision and shall be provided to the NIFT neighborhood
homeowner associations and posted on the City's website. The City Commission shall include a
citation to the legal authority for any denial of a rezoning.
Section 5. Appendix A of the Miami 21 Code is hereby amended in the following
particulars:'
City of Miami Page 7 of 9 File ID: 13165 (Revision:) Printed On: 1/1112023
"Appendix A — Neighborhood Conservation District
A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)
2.5.1 Mixed Use Cultural District
a. Use Regulations The Mixed Use Cultural District shall permit the following Uses in addition to
those which are permitted in the underlying transect zones:
1. Permanent structures providing for a Straw Market with Caribbean crafts, foods, apparel,
souvenirs, and other goods attractive to tourists, subject to a WaiveryVi+h a mapdatgFy roforr�I +„
the nostril++ nICT 4rlminic+ram+nr and limited to the following items for sale: Heritage retail foods,
apparel, souvenirs; bookstores and gift shops with cultural themes; hair salons, including
outdoor hair braiding; and music and entertainment reflective of that found in the Caribbean.
2.5.2 Market District
a. Use Regulations. The Market District area shall permit the following uses, in addition to those
which are permitted in the underlying transect zone:
1. Farmer's markets and Caribbean crafts and food markets that specialize in the sale of crafts
and fresh fruits and vegetables are permitted within this district, subject to a Warrantwith a
mri RdateF y referral to +ho dic+rin+ ISICT nnr, mi is+rri+„r All regulations contained in this code are
applicable, and further subject to the following limitations:
A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT NCD-3
3.4 Additional notice and review
a. Additional notice required for Exception and Variance applications. All Coconut Grove
neighborhood or homeowner associations that wish to receive a courtesy notice of Exception or
Variance applications in their areas shall register with their Neighberhetan Emph.aprVea. .eapt Team
(NET) nffino the City Manager's Office, or its designated City Department, on a yearly basis.
Such registration shall consist of a letter to the Director of the Planning Department or to the
Zoning Administrator, in which the association shall request such notification and shall specify
the name, address and telephone number of the official representative of the association
designated to receive said notice and a list of all the officers of said association. At the time of
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initial application for an Exception or Variance, the applicant shall obtain the list of all registered
neighborhood and homeowner associations pertaining to the application in question from the
Planning Director or the Zoning Administrator and shall notify in writing the official
representative of all such registered associations in writing, by certified mail, of the application.
The applicant shall submit with the application these certified receipts. If any such association
have any comments or recommendations, such comments and recommendations shall be
submitted in writing to the Planning Director or Zoning Administrator no later than fifteen (15)
days from receipt of such notification. Late or misdelivered comments shall not be considered.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of
this Resolution is declared invalid, the remaining provisions of this Resolution shall not
be affected.
Section 4. It is recommended that the provisions of such an adopted Ordinance
become and be made a part of the Miami 21 Code, which provisions may be
renumbered or relettered and that the word "ordinance" may be changed to "section",
"article", or other appropriate word to accomplish such intention.
Section 5. This Resolution shall become effective ten immediately upon adoption.
Reviewed and Approved:
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W-
Lak[sha Hull AICP LEED AP BD+C
City of Miami Page 9 of 9 File ID: 13165 (Revision:) Printed On: 1/1112023