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HomeMy WebLinkAboutScrivener's Error MemoCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Todd B. Hannon, City Clerk KW N FROM: Victoria Mendez, City Attorney DATE: February 16, 2024 RE: Ordinance No. 14162 — Zoning Text - Driveway Access Point File No. 13453 At its April 13, 2023, meeting, the City Commission adopted the above -referenced agenda item, PZ.8 amending Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") to modify the regulations for access points along frontages in "T4" General Urban Transect Zones, "T5" Urban Center Transect Zones, and "T6" Urban Core Transect Zones. The item inadvertently omitted the language previously included in the Miami 21 Code related to the "T6" Urban Core Transect Zone, specifically that "Loading spaces and service area shall be internal to the building." See below language with the advertently omitted language in bold. 5.6.2 Building Configuration (T6) f. Loading and service entries shall be at the Third Layer and shall be accessed from Alleys when available. Loading spaces and service areas shall be internal to the building. When a Lot has only Principal Frontages, vehicular entries, Loading Docks and service areas shall be at the Third Layer and shall be permitted on Principal Frontages . Where a Lot is located on one (1) or more State or County Thoroughfares and is within 200 feet of a T3 Transect Zone on the same side of such Thoroughfare, all vehicular entries, Loading Docks, and service areas shall be accessed from a single access point on the Principal Frontage. The Legislation has been corrected and incremented to Revision "A." VM/ALK/vja Enclosure(s) S_e3 W/AA_o City of Miami Ordinance 14162 Legislation File Number: 13453 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 4/13/2023 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21 CODE"), AS AMENDED, BY AMENDING ARTICLE 5, SECTION 5.4.2 OF THE MIAMI 21 CODE, TITLED "BUILDING CONFIGURATION (T4)," ARTICLE 5, SECTION 5.5.2 OF THE MIAMI 21 CODE, TITLED "BUILDING CONFIGURATION (T5)," AND SECTION 5.6.2 OF THE MIAMI 21 CODE, TITLED "BUILDING CONFIGURATION (T6)," TO MODIFY THE REGULATIONS FOR ACCESS POINTS ALONG FRONTAGES IN "T4" GENERAL URBAN TRANSECT ZONES, "T5" URBAN CENTER TRANSECT ZONES, AND "T6" URBAN CORE TRANSECT ZONES, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida, which is amended from time to time, ("Miami 21 Code"); and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 1, 2023 following an advertised public hearing, adopted Resolution No. PZAB-R-23-028 by a vote of nine to zero (9-0), recommending approval of this proposed text amendment to the Miami 21 Code; and WHEREAS, the Miami 21 Code contains detailed requirements for lot access points in T4 (General Urban Transect Zones), T5 (Urban Center Transect Zones) and T6 (Urban Core Transect Zones); and WHEREAS, the City of Miami ("City") wishes to modify access point regulations for properties zoned T4, T5, and T6; and WHEREAS, the City Commission has given full consideration to the Planning Director's recommendations as to this proposed text amendment; and WHEREAS, the City Commission has held a public hearing on the proposed text amendment; and WHEREAS, the City Commission has considered whether the proposed text amendment will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; and City of Miami Page 1 of 3 File ID: 13453 (Revision: A) Printed On: 3/18/2024 File ID: 13453 Enactment Number: 14162 WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the Miami 21 Code as further detailed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 5 of the Miami 21 Code is further amended in the following particulars:1 "ARTICLE 5. SPECIFIC TO ZONES :-,r ; Q) 5.4.2 Building Configuration (T4) e. Loading and service entries shall be at the Third Layer and shall be accessed from Alleys i when available. When a Lot has only Principal Frontages, vehicular entries, Loading Docktland service areas shall be at the Third Layer and shall be permitted on Principal Frontagesby process of Waive Where a Lot is located on one (1) or more State or County Thoroughfares and is within 200 feet of a T3 Transect Zone on the same side of such Thoroughfare, all vehicular entries, Loading Docks, and service areas shall be from the Principal Frontage. * 5.5.2 Building Configuration (T5) * * e. Loading and service entries shall be at the Third Layer and shall be accessed from Alleys when available. When a Lot has only Principal Frontages, vehicular entries, Loading Docks and service areas shall be at the Third Layer and shall be permitted on Principal Frontages Where a Lot is located on one (1) or more State or County Thoroughfares and is within 200 feet of a T3 Transect Zone on the same side of such Thoroughfare, all vehicular entries, Loading Docks, and service areas shall be accessed from a single access point on the Principal Frontage. * 5.6.2 Building Configuration (T6) * * f. Loading and service entries shall be at the Third Layer and shall be accessed from Alleys when available. Loading spaces and service areas shall be internal to the building. When a Lot has only Principal Frontages, vehicular entries, Loading Docks and service areas shall be at the Third Layer and shall be permitted on Principal Frontages . Where a Lot is located on one (1) or more State or County Thoroughfares and is within 200 feet of a T3 Transect Zone on the same side of such Thoroughfare, all vehicular entries, Loading Docks, and service areas shall be accessed from a single access point on the Principal Frontage. 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: 13453 (Revision: A) Printed on: 3/18/2024 File ID: 13453 Enactment Number: 14162 Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected. Section 4. 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 5. This Ordinance shall be effective ten (10) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: s 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 Page 3 of 3 File ID: 13453 (Revision: A) Printed on: 3/18/2024 City of Miami e4,71r.I8 l:4 Legislation Ordinance CITY Enactment Number t�i"Alti City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 13453 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA ("MIAMI 21 CODE"), AS AMENDED, BY AMENDING ARTICLE 5, SECTION 5.4.2 OF THE MIAMI 21 CODE, TITLED "BUILDING CONFIGURATION (T4)," ARTICLE 5, SECTION 5.5.2 OF THE MIAMI 21 CODE, TITLED "BUILDING CONFIGURATION (T5)," AND SECTION 5.6.2 OF THE MIAMI 21 CODE, TITLED "BUILDING CONFIGURATION (T6)," TO MODIFY THE REGULATIONS FOR ACCESS POINTS ALONG FRONTAGES IN "T4" GENERAL URBAN TRANSECT ZONES, "T5" URBAN CENTER TRANSECT ZONES, AND "T6" URBAN CORE TRANSECT ZONES, CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida, which is amended from time to time, ("Miami 21 Code"); and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on March 1, 2023 following an advertised public hearing, adopted Resolution No. PZAB-R-23-028 by a vote of nine to zero (9-0), recommending approval of this proposed text amendment to the Miami 21 Code; and WHEREAS, the Miami 21 Code contains detailed requirements for lot access points in T4 (General Urban Transect Zones), T5 (Urban Center Transect Zones) and T6 (Urban Core Transect Zones); and WHEREAS, the City of Miami ("City") wishes to modify access point regulations for properties zoned T4, T5, and T6; and WHEREAS, the City Commission has given full consideration to the Planning Director's recommendations as to this proposed text amendment; and WHEREAS, the City Commission has held a public hearing on the proposed text amendment; and WHEREAS, the City Commission has considered whether the proposed text amendment will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; and City of Miami File ID: 13453 (Revision:) Printed On: 4/5/2023 WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the Miami 21 Code as further detailed herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 5 of the Miami 21 Code is further amended in the following .._ particulars:1 �' "ARTICLE 5. SPECIFIC TO ZONES * * * -nfco > 5.4.2 Building Configuration (T4) r- e. Loading and service entries shall be at the Third Layer and shall be accessed fromgilleysj when available. When a Lot has only Principal Frontages, vehicular entries, Loading D cks and service areas shall be at the Third Layer and shall be permitted on Principal Frontages -only -by process-el=Waiver. Where a Lot is located on one (1) or more State or County Thoroughfares and is within 200 feet of a T3 Transect Zone on the same side of such Thoroughfare, all vehicular entries, Loading Docks, and service areas shall be from the Principal Frontage. 5.5.2 Building Configuration (T5) e. Loading and service entries shall be at the Third Layer and shall be accessed from Alleys when available. When a Lot has only Principal Frontages, vehicular entries, Loading Docks and service areas shall be at the Third Layer and shall be permitted on Principal Frontages_only by process -of Waiver. Where a Lot is located on one (1) or more State or County Thoroughfares and is within 200 feet of a T3 Transect Zone on the same side of such Thoroughfare, all vehicular entries, Loading Docks, and service areas shall be accessed from a single access point on the Principal Frontage. * * * 5.6.2 Building Configuration (T6) f. Loading and service entries shall be at the Third Layer and shall be accessed from Alleys when available. When a Lot has only Principal Frontages, vehicular entries, Loading Docks and service areas shall be at the Third Layer and shall be permitted on Principal Frontages -only -by pre . Where a Lot is located on one (1) or more State or County Thoroughfares and is within 200 feet of a T3 Transect Zone on the same side of such Thoroughfare, all vehicular entries, Loading Docks, and service areas shall be accessed from a single access point on the Principal Frontage. * * *n 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: 13453 (Revision:) Printed On: 4/5✓2023 a= 0 Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance should not be affected. Section 4. 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 5. This Ordinance shall be effective ten (10) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: Oct C.J 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 J}erein. whichever is later. City of Miami File ID: 13453 (Revision:) Printed On: 4/5/2023