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Substitution Memo From City Attorney
CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Victoria Mendez, City Attoine}%-7% for DATE: May 23, 2023 RE: May 25, 2023, City Commission Meeting Agenda — Substitution of PZ.7 — Zoning Text - Education Uses By Right File No. 13775 Item PZ.7, scheduled on the May 25, 2023, City Commission agenda, is being substituted to update the boundaries of the Downtown Miami Area in which Educational Uses within the T6 Transect Zone are proposed be allowed By Right, to modify the distance from T3 Transect Zones to no less than 500 feet, and to direct the City Manager to place a discussion item on a City Commission agenda six (6) months after adoption of the ordinance. cc. Arthur Noriega V, City Manager Miriam Santana, Agenda Coordinator a -, arl 1 -+ N -nM CJ VM/ALK -a �-t � v 7j k-) M 4 t�� City of Miami City Hall - Legislation 3500 Pan American Drive Miami, FL 33133 uH� Ordinance www•miamigov.com Enactment Number File Number: 13775 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, ("MIAMI 21 CODE") SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES", AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO ALLOW EDUCATIONAL USES BY RIGHT IN T6 TRANSECT ZONE IN CERTAIN CIRCUMSTANCES; DIRECTING THE CITY MANAGER TO PLACE A DICUSSION ITEM ON A CITY COMMISSION AGENDA TO REVIEW THE ORDINANCE SIX (6) MONTHS AFTER ADOPTION; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted by the Miami City Commission as the City of Miami's ("City") Zoning Ordinance, as amended ("Miami 21 Code; and � C= WHEREAS, Article 4, Table 3 of the Miami 21 Code currently allows EducatiQ41 Uses ink Fq the T6 Transect Zone by Exception, by Warrant, or By Right depending on the specifi Qse-d the specific zoning designation within the T6 Transect Zone; and w i l WHEREAS, Article 4, Table 3, does not allow some specifical Educational U49,1n tl% Fri T6 Transect Zone depending on the specific zoning designation; and `n r r— m WHEREAS, the City Commission is desirous of allowing Educational Uses on pope' es zoned T6 By Right if the property is two hundred feet (200') from a T3 Transect Zone; and WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") objectives and policies support this amendment, including Objective EDU-1.3, Policy EDU-1.3.1, Objective EDU-1.5, and Policy EDU-1.7.2; and WHEREAS, Objective EDU-1.3 of the MCNP establishes an objective to "obtain suitable sites for the development and expansion of public education facilities"; and WHEREAS, Policy EDU-1.3.1 of the MCNP provides that "[i]n the selection of sites for future educational facility development, the City encourages the Miami -Dade County Public Schools to consider whether a school is in close proximity to residential areas and is in a location that would provide a logical focal point for community activities"; and WHEREAS, Objective EDU-1.5 of the MCNP establishes an objective to "[c]ontinue to develop programs and opportunities to bring the schools and community closer together"; and WHEREAS, Policy EDU-1.7.2 of the MCNP provides that "[t]he location of future educational facilities should occur where capacity of other public facilities and services is available to accommodate the infrastructure needs of the educational facility"; and City of Miami File ID: 13775 (Revision:) Printed On: 5/18/2023 WHEREAS, the downtown core of the City of Miami ("City") is growing at a rapid rate, and schools are needed in the area; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB"), at its meeting on April 19, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-045 by a vote of eight to zero (8 — 0), Item No. PZAB. 10, recommending approval of the proposed amendment to the Miami 21 Code; and WHEREAS, the City Commission has considered whether the proposed amendment will further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed amendment to the Miami 21 Code, including changed or changing conditions that make the passage of the proposed amendment to the Miami 21 Code 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 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 amending Article 4, following particulars.' "ARTICLE 4. STANDARDS AND TABLES TABLE 3. BUILDING FUNCTIONS: USES T3 SUBURBA N EDUCATIONAL URBAN GENERAL T T6 C 5 URBAN CENTER ©on COLLEGE / W W UNIVERSITY ELEMENTARY E E E E E E E W W SCHOOL LEARNING E R R CENTER MIDDLE / HIGH E E E E E E E W W SCHOOL PRE-SCHOOL E E E E E IE E I R R URBAN CORE * W . *.W . .*W * W W E W W * R R E W W E R R Tabbg 3 iNthe -n M N CD o 17i71 =A r. =� i-TJ rn � co DISTRICTS E E E E E E ' 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: 13775 (Revision:) Printed On: 511812023 RESEARCH R R R R FACILITY SPECIAL E W W TRAINING / VOCATIONAL R R .,,.> W W E R R R W E R R R W ***** Educational Uses may be allowed By -Right if the requirements are met in Article 6, titled Supplemental Regulations Section 2. The Miami 21 Code is further amended by amending Article 6 in the following particulars.2 "ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.3.7 Educational Uses in the Downtown Miami Area The purpose and intent of these regulations are to permit all Educational Uses within the T6 Transect Zone in the Downtown Miami Area By Right in order to encourage educational facility opportunities in close proximity to the City's core. Boundary. Downtown Miami Area is defined as all T6 Transect Zone properties that lie within the boundaries of west of Biscayne Bay, south of Northeast 24th Street, east of Biscayne Boulevard until 395, then east of 95 until West Flagler Street, then east of the Miami River; or south of the Miami River, east of 95 to the Metromover line, Northwest of the Metromover line to Southeast 15th Road then north of Southeast 15th Road with Biscayne Bay to the east, except for the properties fronting Biscayne Bay Drive; or located at 888 MacArthur Causeway; specifically excluding all T6 Transect Zone properties within a 500-foot walking distance as measured by a surveyor from edge of the property to the closest T3 Transect Zone property. Permitting and Criteria. All new Educational Uses shall submit to the Planning Department for review and confirmation of compliance with the following stanQrds and criteria: 1' o '*1 N C-S .v (1) Total size of the site and Floor Area of the proposed Educational Use: a n� (2) Maximum number of students; and (3) Number of teachers and administrative and clerical personnel; and (4) Number of classrooms and total square footage of classroom space; and'-2 7< (5) Total square footage of non -classroom space: and ZK (6) Amount of exterior recreational/play area in square footage; and r (7) Number and type of vehicles that will be used in conjunction with the operMion M the facility; and (8) Number of parking spaces provided for staff, visitors, and transportation vehicles, and justification that those spaces are sufficient for this facility; and (9) Grades or age groups that will be served; and (10) Days and hours of operations; and (11) Means of compliance with requirements of Miami -Dade County requlations, and any state and federal guidelines and regulations applicable to the specific application; and (12) Compliance with Chapter 62 City of Miami Traffic regulations; and 2 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 File ID: 13775 (Revision:) Printed On: 511812023 (13) Compliance with all other provisions for Educational Uses in Miami 21 regarding the design, outdoor space, and other features as may be required. Section 3. The City Manager is directed to place a discussion item on a City Commission agenda to review this Ordinance six (6) months after adoption. Section 4. 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 5. 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 relettered and that the word "Ordinance" may be changed to "Section", "Article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.3 3 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: 13775 (Revision:) Printed On: 5/18/2023 of �1��� t City of Miami Vllk��gv 4:s� 7 *Y, LXE1% 1AA11b: Legislation I li Ordinance Enactment Number File Number: 13775 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, ("MIAMI 21 CODE") SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION: USES", AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO ALLOW EDUCATIONAL USES BY RIGHT IN T6 TRANSECT ZONE IN CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted by the Miami City Commission as the City of Miami's ("City") Zoning Ordinance, as amended ("Miami 21 Code"); and WHEREAS, Article 4, Table 3 of the Miami 21 Code currently allows Educational Uses in the T6 Transect Zone by Exception, by Warrant, or By Right depending on the specific Use and the specific zoning designation within the T6 Transect Zone; and WHEREAS, Article 4, Table 3, does not allow some specifical Educational Uses in the T6 Transect Zone depending on the specific zoning designation; and WHEREAS, the City Commission is desirous of allowing Educational Uses on properties zoned T6 By Right if the property is two hundred feet (200') from a T3 Transect Zone; and WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") objectives and policies support this amendment, including Objective EDU-1.3, Policy EDU-1.3.1, Objective EDU-1.5, and Policy EDU-1.7.2; and WHEREAS, Objective EDU-1.3 of the MCNP establishes an objective to "obtain suitable sites for the development and expansion of public education facilities" and WHEREAS, Policy EDU-1.3.1 of the MCNP provides that "[i]n the selection of sites for future educational facility development, the City encourages the Miami -Dade County Public Schools to consider whether a school is in close proximity to residential areas and is in a location that would provide a logical focal point for community activities"; and WHEREAS, Objective EDU-1.5 of the MCNP establishes an objective to "[c]ontinue to develop programs and opportunities to bring the schools and community closer together"; and WHEREAS, Policy EDU-1.7.2 of the MCNP provides that "[t]he location of future educational facilities should occur where capacity of other public facilities and services is available to accommodate the infrastructure needs of the educational facility"; and City of Miami File ID: 13775 (Revision:) Printed On: 5/16/2023 WHEREAS, the downtown core of the City of Miami ("City") is growing at a rapid rate, and schools are needed in the area; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB"), at its meeting on April 19, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-045 by a vote of eight to zero (8 — 0), Item No. PZAB. 10, recommending approval of the proposed amendment to the Miami 21 Code; and WHEREAS, the City Commission has considered whether the proposed amendment will further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed amendment to the Miami 21 Code, including changed or changing conditions that make the passage of the proposed amendment to the Miami 21 Code 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 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 amending Article 4, Table 3 in the following particulars.' "ARTICLE 4. STANDARDS AND TABLES TABLE 3. BUILDING FUNCTIONS: USES T3 T T 4 5 SUBURBA URBAN URBAN N GENERAL CENTER men Him Mel EDUCATIONAL COLLEGE / W W UNIVERSITY ELEMENTARY E E E E E E E W W SCHOOL LEARNING E R R CENTER MIDDLE /HIGH E E E E E E E W W SCHOOL PRE-SCHOOL E E E E E E E R R T6 URBAN CORE W wwwww W ww*ww W wwwww wwwww w wwwww w wwwww E wwwww W w*www W wwwww w**** R wwwww R wwwww E wwwww W wwwww W wwwww E R R ry CIVIC DISTRICTS E E R E E R E E R E E E R E E R E E R E 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: 13775 (Revision:) Printed On: 511612023 RESEARCH R R R R FACILITY SPECIAL E W W TRAINING / VOCATIONAL wwwww wwwww wwwww ***** R wwwww R wwwww wwwww W wwwww W wwwww E R R R W E R R R W ***** Educational Uses may be allowed By -Right if the requirements are met in Article 6, titled Supplemental Regulations Section 2. The Miami 21 Code is further amended by amending Article 6 in the following particulars.2 "ARTICLE 6. SUPPLEMENTAL REGULATIONS 6.3.7 Educational Uses in the Downtown Miami Area The purpose and intent of these regulations are to permit all Educational Uses within the T6 Transect Zone in the Downtown Miami Area By Right in order to encourage educational facility opportunities in close proximity to the CitV's core. a. Boundary. Downtown Miami Area is defined as all T6 Transect Zone properties East of I- 95 to Biscayne Bay, South of the 1-195, North of 26th Road, specifically, excludingall T6 Transect Zone properties within a 200-foot walking distance as measured by a surveyor from edge of the property to the closest T3 Transect Zone property_ b. Permitting and Criteria. All new Educational Uses shall submit to the Planning Department for review and confirmation of compliance with the following standards and criteria: (1) Total size of the site and Floor Area of the proposed Educational Use; and (2) Maximum number of students; and (3) Number of teachers and administrative and clerical personnel; and (4) Number of classrooms and total square footage of classroom space; and (5) Total square footage of non -classroom space; and (6) Amount of exterior recreational/play area in square footage; and (7) Number and type of vehicles that will be used in conjunction with the operation of the facility; and (8) Number of parking spaces provided for staff, visitors, and transportation vehicles, and justification that those spaces are sufficient for this facility: and (9) Grades or age groups that will be served: and (10) Days and hours of operations; and (11) Means of compliance with requirements of Miami -Dade County regulations, and any state and federal guidelines and regulations applicable to the specific application; and (12) Compliance with Chapter 62 City of Miami Traffic regulations; and (13) Compliance with all other provisions for Educational Uses in Miami 21 regarding the design, outdoor space, and other features as may be required. 2 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: 13775 (Revision:) Printed On: 511612023 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 relettered and that the word "Ordinance" may be changed to "Section", "Article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.3 APPROVED AS TO FORM AND CORRECTNESS: 1 Uria dez, ity ttor ey 4/18/2023 3 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: 13775 (Revision:) Printed On: 511612023