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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14226 Title: 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. APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: To permit additional flexibility in the design and development of buildings within the Southeast Overtown Park West CRA. FIN DING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARDS: On September 20, 2023, recommended approval by a vote of 8-0. City of Miami File ID: 14558 (Revision:) Printed On: 11/13/2023 City of Miami Legislation Ordinance Enactment Number:14226 City Hall 3500 Pan Ameican 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. 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: 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. City of Miami File ID: 14558 (Revision:) Printed On: 11/13/2023 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; 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; 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 File ID: 14558 (Revision:) Printed On: 11/13/2023 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: ndez, City Attor 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 File ID: 14558 (Revision:) Printed On: 11/13/2023