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HomeMy WebLinkAboutOrdinanceCity of Miami Ordinance Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15109 Final Action Date: 1/11/2024 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 4, TABLE 3 OF THE MIAMI 21 CODE, TITLED "STANDARDS AND TABLES"/"BUILDING FUNCTION: USES," TO PERMIT RECREATIONAL FACILITY USES IN "CS" CIVIC SPACE TRANSECT ZONES BY RIGHT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Joe Carollo 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, the Miami 21 Code permits specific Recreational Uses such as Recreational Facility Uses, which includes but is not limited to: golf courses, parks, camping facilities, playfields, and playgrounds, in the "CS" Civic Space Transect Zone; and WHEREAS, there are existing Recreational Facilities that are permitted under the Future Land Use Element of the Miami Neighborhood Comprehensive Plan ("MCNP"), but are currently only permitted by Warrant under the existing Miami 21 Code regulations; and WHEREAS, Recreational Facilities are non-commercial facilities, primarily an open space, serving the recreation needs of the general public, including but not limited to golf courses, parks, camping facilities, playfields and playgrounds; and WHEREAS, some Recreational Facilities have been in existence and serving the community for decades and may have a need to expand and adapt to changing conditions; and WHEREAS, Recreational Facilities are public gathering places that reinforce community identity and support self-government; and WHEREAS, the City is desirous of allowing the Recreational Facility Use and expansion of previously approved Recreational Facility Uses, such as golf courses, parks, camping facilities, playfields and playgrounds, in the "CS" Civic Space Transect Zone by right, subject to any restrictions and limitations provided in the Miami 21 Code and any other applicable regulations; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on December 6, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23- 126 by a vote of seven to one (7 - 1), Item No. PZAB.15, recommending denial of the zoning text amendment; and City of Miami Page 1 of 3 File ID: 15109 (Revision: A) Printed On: 7/9/2024 File ID: 15109 Enactment Number: WHEREAS, a public hearing was conducted on the proposed Miami 21 Code text amendment; and WHEREAS, consideration was given as to whether the proposed Miami 21 Code text amendment will further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, consideration was given as to the need and justification for the proposed Miami 21 Code amendment, including changed or changing conditions that make the passage of the proposed amendment to the Miami 21 Code necessary; and WHEREAS, it is found appropriate that Recreational Facilities be permitted by right in a "CS," Civic Space Transect Zone; and WHEREAS, after careful consideration of this matter, it is deemed it advisable and in the best interest of the general welfare of the City and its citizens to amend the Miami 21 Code as hereinafter set forth; 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 hereby adopted by reference and incorporated as if fully set forth in this Section. Section 2. Article 4, Table 3 of the Miami 21 Code, titled "Standards and Tables"/"Building Function: Uses," is amended in the following particulars:1 "MIAMI 21 CODE ARTICLE 4. STANDARDS AND TABLES TABLE 3. BUILDING FUNCTIONS: USES T3 T4 T5 SUBURBA URBAN URBAN N GENERAL CENTER R L O CIVIC COMMUNITY FACILITY R L 0 W W W R L O T6 URBAN CORE W W R L O W W C CIVI C CS CI CI - HD W E W D DISTRICTS D1 D2 D3 R R 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. City of Miami Page 2 of 3 File ID: 15109 (Revision: A) Printed on: 7/9/2024 File ID: 15109 Enactment Number: RECREATIONAL FACILITY E E E RELIGIOUS FACILITY t t t REGIONAL ACTIVITY COMPLEX E R R E R R *„ E R R E E W W E E R R 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. This Ordinance shall become effective immediately adoption thereof and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey ) 12/28/2023 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: 15109 (Revision: A) Printed on: 7/9/2024