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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14238 Title: 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"), MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "BUILDING FUNCTION: USES," TO PERMIT CIVIC COMMUNITY FACILITY USES IN "T4-R," GENERAL URBAN ZONE - RESTRICTED TRANSECT ZONES; FURTHER AMENDING ARTICLE 6, SECTION 6.1 OF THE MIAMI 21 CODE, TITLED "INTENT AND EXCLUSIONS," TO PROVIDE SUPPLEMENTARY REGULATIONS FOR COMMUNITY FACILITIES IN TABLE 13; 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 Civic Community facility uses in "T4-R", General Urban Zone -Restricted Transect Zones and to provide supplementary regulations for community facilities in Table 13. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARD: On October 18, 2023, recommended approval by a vote of 7-0. City of Miami File ID: 14682 (Revision: A) Printed On: 12/7/2023 City of Miami Legislation Ordinance Enactment Number:14238 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 14682 Final Action Date: 11/16/2023 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"), MORE SPECIFICALLY BY AMENDING ARTICLE 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "BUILDING FUNCTION: USES," TO PERMIT CIVIC COMMUNITY FACILITY USES IN "T4-R," GENERAL URBAN ZONE - RESTRICTED TRANSECT ZONES; FURTHER AMENDING ARTICLE 6, SECTION 6.1 OF THE MIAMI 21 CODE, TITLED "INTENT AND EXCLUSIONS," TO PROVIDE SUPPLEMENTARY REGULATIONS FOR COMMUNITY FACILITIES IN TABLE 13; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the Miami City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Miami 21 Code precluded specific Civic uses which were previously allowed, including Community Facility Uses, such as Libraries and Museums, in the "T4-R," General Urban Restricted Transect Zone; and WHEREAS, there are existing Community Facilities which were legally established under a previous zoning ordinance and are permitted under the Future Land Use Element of the Miami Neighborhood Comprehensive Plan, but are not permitted under existing Miami 21 Code regulations; and WHEREAS, certain Community Facilities are culturally significant and distinctive institutions that have been in existence and serving the community for decades and may have a need to expand and adapt to changing conditions; and WHEREAS, Community Facilities are public gathering places that reinforce community identity and support self-government; and WHEREAS, the City Commission is desirous of permitting the use and limited expansion of previously approved Community Facility Uses such as Libraries and Museums in the "T4-R," General Urban Restricted Transect Zone, subject to restrictions and limitations; and WHEREAS, by implementing such a process, this amendment provides for a review of expanded Community Facilities in a "T4-R," General Urban Restricted Transect Zone, by the City wherein the City will review, make findings, and approve, approve with conditions, or deny the Community Facility Use and expansion by applying the criteria established in the Miami 21 Code; and City of Miami File ID: 14682 (Revision: A) Printed On: 12/7/2023 WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October 18, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-097 by a vote of seven to zero (7-0), Item No. PZAB.7, recommending Approval of the proposed text amendment; and WHEREAS, the City Commission conducted a public hearing on the proposed text amendment; and WHEREAS, the City Commission considered whether the proposed text amendment will further the goals, objectives, and policies of the Miami Neighborhood Comprehensive Plan ("MCNP"), the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission 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 amend its Zoning Ordinance as hereinafter set forth; 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. Article 4, Table 3 of the Miami 21 Code is hereby amended in the following particulars:1 "MIAMI 21 CODE "ARTICLE 4. STANDARDS AND TABLES TABLE 3. BUILDING FUNCTIONS: USES T3 SUBURBAN R L 0 CIVIC COMMUNITY FACILITY T4 URBAN GENERAL R L 0 T5 URBAN CENTER R L 0 w w w T6 URBAN CORE R L 0 w w CIVIC CS CI CI - HD w w w E w DISTRICTS D1 D2 D3 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: 14682 (Revision: A) Printed On: 12/7/2023 RECREATIONAL FACILITY RELIGIOUS FACILITY REGIONAL ACTIVITY COMPLEX E E E E E E E E E E *11 E E E w E w w E E E Section 3. Article 6, Table 13 of the Miami 21 Code is hereby amended in the following particulars:1 "MIAMI 21 CODE ARTICLE 6. SUPPLEMENTAL REGULATIONS * * * 6.1 INTENT AND EXCLUSIONS * * * Table 13: T4 - GENERAL URBAN ZONE T4 RESTRICTED LIMITED OPEN * * * * * * * * * * * * COMMUNITY FACILITY 1. Use must be permitted by the Property's underlying Future Land Use Map Designation. 2. Evidence must be provided that the Use was approved at a public hearing under the applicable requirements of a previous Zoning Ordinance. 3. The nature and character of the Use is substantially the same conditions as was originally approved. 4. The existing Building may be repaired, modified, altered, enlarged and/or expanded into a new Structure on an Jacent Lot so long as City of Miami File ID: 14682 (Revision: A) Printed On: 12/7/2023 a minimum of 50% of the perimeter walls of the existing Building are preserved. The combined Lots may not exceed the maximum Lot Size provided under Article 5, Section 5.4 of this Code. 5. The property must be only a museum facility owned and operated by a governmental agency (including the City) and/or a nonprofit corporation in existence for a minimum of 30 years. 6. Where the Community Facility use abuts existing residential uses, a buffer consisting of a six (6) foot wall, or shrubs which normally grow to a minimum height of six (6) feet shall be provided along the shared property line with the residential use. *„ 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 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 and signature of the Mayor.2 2 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: 14682 (Revision: A) Printed On: 12/7/2023 APPROVED AS TO FORM AND CORRECTNESS: City of Miami File ID: 14682 (Revision: A) Printed On: 12/7/2023