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HomeMy WebLinkAboutCC Legislation (Version 2)Fite Number: 06-02095 Fina[ Action Date. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI TO ADOPT A NEW ZONING CODE TO BE KNOWN AS THE "MIAMI 21 CODE" TO APPLY IN THE AREA GENERALLY DESCRIBED AS THE EAST QUADRANT AND MORE SPECIFICALLY DEPICTED IN EXHIBIT A, "MIAMI 21 ATLAS," ATTACHED HERETO, INCLUDING DEFINITIONS, GENERAL PROVISIONS TO INCLUDE THE ADOPTION OF THE MIAMI 21 ATLAS FOR THE EAST QUADRANT, REGULATIONS GENERAL TO ZONES, STANDARDS AND TABLES, REGULATIONS SPECIFIC TO ZONES, SUPPLEMENTAL REGULATIONS, PROCEDURES AND NONCOM=ORMITIES, AND THOROUGHFARE GUIDELINES; REPEALING ORDINANCE NO. 11000 AS APPLICABLE TO REPLACE IT WITH THE MIAMI 21 CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami has undertaken a planning process to prepare the City for a 21st century of sustainable growth and prosperity, a process that has included significant and substantial public and neighborhood involvement and the expertise of professionals in multiple disciplines including form -based zoning, transportation planning, economic development, and parks and open space planning; and WHEREAS, the Miami Planning Advisory Board, at its meeting of April 18, 2007, Item No. 1, following an advertised public hearing, adopted Resolution No. PAB 07-019, by a vote of seven to two (7-2) recommending APPROVAL of the amendment to the Code of Ordinances, as hereinafter set forth; and WHEREAS, the City Commission has determined that it is in the public interest to adopt the new zoning code known as the Miami 21 Code in order to regulate the development and conservation of lands within the City; and WHEREAS, by adoption of this ordinance, the Miami 21 Code will replace the current zoning code known as Ordinance 11000 in the East Quadrant area of the City, which area is more specifically depicted on the Miami 21 Atlas, a copy of which is attached hereto and incorporated herein; and WHEREAS, before adopting the Miami 21 Code, the City conducted an extensive public participation effort, including hundreds of neighborhood meetings, many citywide workshops, a web -based interactive communication site for maintaining current information, receiving and responding to public input, and public hearings; 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 City Code of Ordinances as hereinafter set forth, amity- c��: aar�ai Wage I o�2 Printed On. 612012007 ilty HaH :.;City of Miami3500 Pan American Drive Legislation Miami, FL 33133 mtvwi E;1iamigov.com a¢ 5 Ordinance Fite Number: 06-02095 Fina[ Action Date. AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING THE CODE OF ORDINANCES OF THE CITY OF MIAMI TO ADOPT A NEW ZONING CODE TO BE KNOWN AS THE "MIAMI 21 CODE" TO APPLY IN THE AREA GENERALLY DESCRIBED AS THE EAST QUADRANT AND MORE SPECIFICALLY DEPICTED IN EXHIBIT A, "MIAMI 21 ATLAS," ATTACHED HERETO, INCLUDING DEFINITIONS, GENERAL PROVISIONS TO INCLUDE THE ADOPTION OF THE MIAMI 21 ATLAS FOR THE EAST QUADRANT, REGULATIONS GENERAL TO ZONES, STANDARDS AND TABLES, REGULATIONS SPECIFIC TO ZONES, SUPPLEMENTAL REGULATIONS, PROCEDURES AND NONCOM=ORMITIES, AND THOROUGHFARE GUIDELINES; REPEALING ORDINANCE NO. 11000 AS APPLICABLE TO REPLACE IT WITH THE MIAMI 21 CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Miami has undertaken a planning process to prepare the City for a 21st century of sustainable growth and prosperity, a process that has included significant and substantial public and neighborhood involvement and the expertise of professionals in multiple disciplines including form -based zoning, transportation planning, economic development, and parks and open space planning; and WHEREAS, the Miami Planning Advisory Board, at its meeting of April 18, 2007, Item No. 1, following an advertised public hearing, adopted Resolution No. PAB 07-019, by a vote of seven to two (7-2) recommending APPROVAL of the amendment to the Code of Ordinances, as hereinafter set forth; and WHEREAS, the City Commission has determined that it is in the public interest to adopt the new zoning code known as the Miami 21 Code in order to regulate the development and conservation of lands within the City; and WHEREAS, by adoption of this ordinance, the Miami 21 Code will replace the current zoning code known as Ordinance 11000 in the East Quadrant area of the City, which area is more specifically depicted on the Miami 21 Atlas, a copy of which is attached hereto and incorporated herein; and WHEREAS, before adopting the Miami 21 Code, the City conducted an extensive public participation effort, including hundreds of neighborhood meetings, many citywide workshops, a web -based interactive communication site for maintaining current information, receiving and responding to public input, and public hearings; 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 City Code of Ordinances as hereinafter set forth, amity- c��: aar�ai Wage I o�2 Printed On. 612012007 Fii-� Number; 06-02095 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: 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. The City Commission hereby amends the Code of Ordinances to adopt the Miami 21 Code for that area generally described as the East Quadrant and more specifically depicted in Exhibit A, the Miami 21 Atlas, attached hereto. The Miami 21 Code is attached hereto as Exhibit B and incorporated herein as if fully set forth in this Section. Section 3, Ordinance 11000 is repealed for the East Quadrant and the Miami 21 Code shall replace it as the zoning code effective in the East Quadrant area, except as the Miami 21 Code at section 2.2.1.1 therein reserves the effectiveness of specified sections of Ordinance 11400. Wherever the Code of Ordinances references Ordinance 11000, the provisions of the Miami 21 Code shall replace the regulations of Ordinance 11000 for the East Quadrant, as applicable to the circumstances. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed, except that where any zoning transect of the Miami 21 Code and Miami 21 Atlas is inconsistent with the corresponding Future Land Use designation for property, the Future Land Use designation shall govern until the Future Land Use designation shall be amended to be consistent with the Miami 21 Code. Section 6. This Ordinance shall become effective upon thirty (30) days after final reading and adoption thereof. {1) APPROVED AS TO FORM AND CORRECTNESS/ ............... JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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. 007 of wfiami Page 2 of 2 Printed On: 5/20/206'