HomeMy WebLinkAboutPZAB (14546) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-093
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 14546 Date Rendered: 9/26/2023
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION OF AN
ORDINANCE 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") 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, PZAB 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, PZAB has considered the Planning Director's recommendations and
conducted a public hearing on the proposed amendment;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING AND
APPEALS BOARD:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Date Rendered: 9/26/2023
City of Miami Page 1 of 3 File ID: 14546 (Revision:) Printed On: 9/26/2023
Section 2. The Planning, Zoning and Appeals Board recommends to the City
Commission that the Miami 21 Code be amended by amending Article 3 "General to Zones" 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:
1. 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;
2. The development project accomplishes a minimum of one (1) Goal from each of the
fourteen (14) Guiding Principles within the SEOPW CRA Redevelopment Plan;
3. Building Facades on Primary and Secondary Frontages shall emphasize activated
ground floor Habitable Space and incorporate facade treatments that are compatible
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: 14546 (Revision:) Printed On: 9/26/2023
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;
4. Provides for native specimen 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;
5. 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
6. 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
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 5. This Resolution shall become effective immediately adoption thereof.
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 3 of 3 File ID: 14546 (Revision:) Printed On: 9/26/2023