HomeMy WebLinkAboutO-14226City of Miami
Ordinance 14226
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14558 Final Action Date: 10/26/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3, TITLED "GENERAL TO
ZONES," MORE SPECIFICALLY BY AMENDING SECTION 3.3.1 AS IT
RELATES TO MAXIMUM LOT AREA (OR LOT SIZE), IN ORDER TO PERMIT
ADDITIONAL FLEXIBILITY IN THE DESIGN AND DEVELOPMENT OF
BUILDINGS WITHIN THE SOUTHEAST OVERTOWN PARK WEST
COMMUNITY REDEVELOPMENT AGENCY ("SEOPW CRA"); MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Christine King
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the City of Miami's ("City") Zoning Ordinance, which has been amended from time to time
("Miami 21 Code"); and
WHEREAS, it has been determined that modifying Section 3.3.1, titled "General to
Zones"/"Lots and Frontages," is necessary to establish a program to allow lot assemblage
exceeding maximum lot area for developments that meet the goals and guiding principles of the
Southeast Overtown Park West Community Redevelopment Agency ("SEOPW CRA")
Redevelopment Master Plan and with public benefit contributions to facilitate development that
is within the character and vision of the SEOPW CRA; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
September 20, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-
23-093 by a vote of eight to zero (8 - 0), Item No. PZAB. 32, recommending approval of the
Zoning Change; and
WHEREAS, the City Commission has considered whether the proposed amendments
will further the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code, and other City regulations; and
WHEREAS, City Commission has considered the need and justification for the proposed
change, including changed or changing conditions that make the passage of the proposed
change necessary; and
WHEREAS, City Commission has considered the Planning Director's recommendations
and conducted a public hearing on the proposed amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
City of Miami Page 1 of 3 File ID: 14558 (Revision:) Printed On: 11/13/2023
File ID: 14558 Enactment Number: 14226
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is
hereby amended in the following particulars:1
"ARTICLE 3. GENERAL TO ZONES
3.3 LOTS AND FRONTAGES
3.3.1
Lots assembled into one (1) ownership within one (1) Transect Zone may be developed as a
single Lot. Lots assembled into one (1) ownership that encompass more than one (1) Transect
Zone shall be developed according to the corresponding Transect regulation for each Lot,
except as described in Section 3.6.1(e). In such cases, there shall be no transfer of Density or
Intensity of Development Capacity between Transect Zones, except if the Lots are assigned
equal Densities, Density may be transferred across the Transect boundary. Lots under the
same or different ownership that are participating in the Historic Preservation Transfer of
Development Density program established in Chapter 23 of the City Code may transfer Density
from historically designated properties or certain non-contributing resources to TOD areas,
subject to compliance with all applicable regulations. Where Lots are assembled into one (1)
ownership, the side or rear Setbacks sharing the Property Line may be eliminated. Lot assembly
shall require a Unity -of -Title acceptable to the City Attorney. Contiguous Lots in one (1)
ownership, as of the effective date of this Code, may be developed as one (1) Lot in excess of
the maximum Lot size.
In addition, for development within the Southeast Overtown Park West Community
Redevelopment Agency (SEOPW CRA) area, contiguous Lots under common ownership or
assembled via a covenant in lieu of Unity of Title for one (1) or more Buildings may exceed
maximum Lot Area (Lot Size) for Uses that serve the neighborhood and upon determination of
compliance with neighborhood compatibility performance criteria set forth below:
a. The development is located within the SEOPW CRA area of a) the Overtown Cultural
and Entertainment District or b) the Overtown Culmer Community identified within the
SEOPW CRA Redevelopment Plan;
b. The development project accomplishes a minimum of one (1) Goal from each of the
fourteen (14) Guiding Principles within the SEOPW CRA Redevelopment Plan;
c. Building Facades on Primary and Secondary Frontages shall emphasize activated
ground floor Habitable Space and incorporate facade treatments that are compatible
with the neighborhood character and implement variations in facades through art, glass,
or architectural treatments and materials of a design approved by the Planning Director
with the recommendation of the UDRB;
1 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 2 of 3 File ID: 14558 (Revision:) Printed on: 11/13/2023
File ID: 14558 Enactment Number: 14226
d. Provides for native species street trees within the verge with a DBH of 25% above the
typical standards required by a Street Tree Master Plan and Chapter 17 of the City
Code;
e. When required, the Cross -Block Pedestrian Passage, shall be at least fifty percent
(50%) open to the sky, which connects at least two (2) Thoroughfares, or which is
aligned so as to connect with another Cross -Block Pedestrian Passage across a
Thoroughfare to the subject property, and is publicly accessible 24-hours a day or
reduced hours by process of Waiver; and
f. Public benefit contribution provided pursuant to Section 3.14 of this Code within the
SEOPW CRA shall be allocated to the Parks and Open Spaces Trust Fund for the 1-395
Underdeck Open Space development."
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 shall 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 Zoning Ordinance of the City of Miami, Florida, 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 upon adoption hereof.2
APPROVED AS TO FORM AND CORRECTNESS:
ey 10/16/2023
2This 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 3 of 3 File ID: 14558 (Revision:) Printed on: 11/13/2023