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File ID: 14290
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"), SPECIFICALLY
BY AMENDING ARTICLE 6 OF THE MIAMI 21 CODE, TITLED
"SUPPLEMENTAL REGULATIONS," TO EXTEND THE SUNSET
PROVISION FOR ONE (1) ADDITIONAL YEAR TO ALLOW
EDUCATIONAL USES BY RIGHT IN T6 TRANSECT ZONE IN CERTAIN
CIRCUMSTANCES PURSUANT TO ORDINANCE NO. 14188;
DIRECTING THE CITY MANAGER TO PLACE A DISCUSSION ITEM ON
A CITY COMMISSION AGENDA TO REVIEW THE ORDINANCE NINE
(9) MONTHS AFTER ADOPTION; 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 extend the Sunset Provision for one (1) additional year to allow Educational
Uses By Right in T6 Transect Zone in certain circumstances pursuant to Ordinance No. 23-
14188; further recommending to the City Commission direction to the City Manager to place a
discussion item on a City Commission agenda for the City Commission to review the ordinance
nine (9) months after.
FIN DING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On May 15, 2024, recommended approval, by a
vote of 7-0.
City of Miami File ID: 15993 (Revision: A) Printed On: 6/27/2024
City of Miami
Legislation
Ordinance
Enactment Number:14290
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 15993 Final Action Date: 6/18/2024
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"), SPECIFICALLY BY
AMENDING ARTICLE 6 OF THE MIAMI 21 CODE, TITLED
"SUPPLEMENTAL REGULATIONS," TO EXTEND THE SUNSET
PROVISION FOR ONE (1) ADDITIONAL YEAR TO ALLOW
EDUCATIONAL USES BY RIGHT IN T6 TRANSECT ZONE IN CERTAIN
CIRCUMSTANCES PURSUANT TO ORDINANCE NO. 14188; DIRECTING
THE CITY MANAGER TO PLACE A DISCUSSION ITEM ON A CITY
COMMISSION AGENDA TO REVIEW THE ORDINANCE NINE (9)
MONTHS AFTER ADOPTION; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted by the Miami City
Commission as the City of Miami's ("City") Zoning Ordinance, which has been amended from
time to time ("Miami 21 Code"); and
WHEREAS, on June 22, 2023, the City Commission adopted Ordinance No. 14188 to
allow Educational Uses By Right in T6 Transect Zone in certain circumstances with an effective
date ten (10) days after adoption thereof; and
WHEREAS, Ordinance No. 14188 further provided for a one-year sunset provision,
specifically July 3, 2024, and directed the City Manager to place a discussion item on a City
Commission agenda to review the ordinance nine (9) months after adoption; and
WHEREAS, pursuant to Section 2-33(c)(9), the City Commission may create legislative
pilot programs within the City for a limited period of time not to exceed one (1) year, which may
be reinstated for one (1) additional year upon approval by the City Commission; and
WHEREAS, on April 26, 2024, the City Commission discussed the sunset provision of
Ordinance No. 14188; and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to extend the sunset provision of Ordinance No. 14188 for an additional one (1) year;
and
WHEREAS, the City Commission would like to review the program in nine (9) months to
observe its effects and further consider whether it should be extended to a permanent program;
and
WHEREAS, the downtown core of the City is growing at a rapid rate, and schools are
needed in the area; and
City of Miami File ID: 15993 (Revision: A) Printed On: 6/27/2024
WHEREAS, the extension of this program for an additional one (1) year is supported by
the Miami Comprehensive Neighborhood Plan ("MCNP") objectives and policies, including
Objective EDU-1.3, Policy EDU-1.3.1, Objective EDU-1.5, and Policy EDU-1.7.2; and
WHEREAS, Objective EDU-1.3 of the MCNP establishes an objective to "obtain suitable
sites for the development and expansion of public education facilities"; and
WHEREAS, Policy EDU-1.3.1 of the MCNP provides that "[i]n the selection of sites for
future educational facility development, the City encourages the Miami -Dade County Public
Schools to consider whether a school is in close proximity to residential areas and is in a
location that would provide a logical focal point for community activities"; and
WHEREAS, Objective EDU-1.5 of the MCNP establishes an objective to "[c]ontinue to
develop programs and opportunities to bring the schools and community closer together"; and
WHEREAS, Policy EDU-1.7.2 of the MCNP provides that "[t]he location of future
educational facilities should occur where capacity of other public facilities and services is
available to accommodate the infrastructure needs of the educational facility"; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB"), at its meeting on May
15, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-033 by a
vote of seven to zero (7 — 0), Item No. PZAB.5, recommending approval of the proposed
amendment to the Miami 21 Code; and
WHEREAS, the City Commission has considered whether the proposed amendment will
further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City
regulations; 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. The Miami 21 Code is further amended by amending Article 6 in the
following particulars.'
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.3.7 Educational Uses in the Downtown Miami Area
The purpose and intent of these regulations are to permit all Educational Uses within the T6
Transect Zone in the Downtown Miami Area By Right in order to encourage educational facility
opportunities in close proximity to the City's core. Educational Uses within the T6 Transect
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: 15993 (Revision: A) Printed On: 6/27/2024
Zone shall be allowed By Right in the Downtown Miami Area if it meets the below criteria. This
Section will sunset on July 3, 202/1 2025 if not otherwise extended.
a. Boundary. Downtown Miami Area is defined as all T6 Transect Zone properties that lie
within the boundaries of west of Biscayne Bay, south of Northeast 24th Street, east of
Biscayne Boulevard until 395, then east of 95 until West Flagler Street, then east of the
Miami River; or south of the Miami River, east of 95 to the Metromover line, Northwest of
the Metromover line to Southeast 15th Road then north of Southeast 15th Road with
Biscayne Bay to the east, except for the properties fronting Brickell Bay Drive; or located
at 888 MacArthur Causeway; included in the boundary are properties located on Brickell
Key; specifically excluding all T6 Transect Zone properties within a 500-foot walking
distance as measured by a surveyor from edge of the property to the closest T3
Transect Zone property.
b. Permitting and Criteria. All new Educational Uses shall submit to the Planning
Department for review and confirmation of compliance with the following standards and
criteria:
(1) Total size of the site and Floor Area of the proposed Educational Use; and
(2) Maximum number of students; and
(3) Number of teachers and administrative and clerical personnel; and
(4) Number of classrooms and total square footage of classroom space; and
(5) Total square footage of non -classroom space; and
(6) Amount of exterior recreational/play area in square footage; and
(7) Number and type of vehicles that will be used in conjunction with the operation of the
facility; and
(8) Number of parking spaces provided for staff, visitors, and transportation vehicles,
and justification that those spaces are sufficient for this facility; and
(9) Grades or age groups that will be served; and
(10) Days and hours of operations; and
(11) Means of compliance with requirements of Miami -Dade County regulations, and any
state and federal guidelines and regulations applicable to the specific application; and
(12) Compliance with Chapter 62 City of Miami Traffic regulations; and
(13) Compliance with all other provisions for Educational Uses in Miami 21 regarding the
design, outdoor space, and other features as may be required.
*„
Section 3. The City Manager is directed to place a discussion item on a City
Commission agenda nine (9) months after adoption to review this Ordinance and consider
whether it should be extended to a permanent program.
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 should 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.
City of Miami File ID: 15993 (Revision: A) Printed On: 6/27/2024
Section 6. This Ordinance shall become effective immediately after final reading
and adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
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: 15993 (Revision: A) Printed On: 6/27/2024