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Home My WebLink AboutCC Legislation (Versions 3 & 4) & InterpretationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 12-00252za Final Action Date; A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), • DENYING THE APPEAL BY GILBERTO PASTORIZA, AFFIRMING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY UPHOLDING THE ZONING ADMINISTRATOR INTERPRETATION 12-0001 DATED FEBRUARY 16, 2012, REGARDING ACCESSORY PARKING. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on April 4, 2012, following an advertised public hearing, adopted Resolution No. PZAB-12-012 by a vote of five to three (5-3), item no. 4, to DENY the appeal of the Zoning Administrator Interpretation 12-0001; and WHEREAS, an appeal of the Planning, Zoning and Appeals Board decision was filed by Gilberto Pastoriza; and WHEREAS, the City Commission after careful consideration of this matter and the decision of the Planning, Zoning and Appeals Board, finds the Zoning Administrator Interpretation does meet the applicable requirements of Zoning Ordinance No. 13114, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the decision of the Planning, Zoning and Appeals Board and thereby uphold the Zoning Administrator Interpretation 12 -0001, as attached; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The decision of the Planning, Zoning and Appeals Board to deny the appeal by Gilberto Pastoriza of the Zoning Administrator Interpretation 12-0001 dated February 16, 2012, regarding accessory parking is upheld and the Zoning Administrator Interpretation is affirmed. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU CITY ATTORNEY City of Miami Page I of 2 File Id: 12-00252za (Version: 3) Printed On: 5/10/2012 File Number: 12-00252za Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 12-00252za (Version: 3) Printed On: 5/10/2012 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-00252za Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), GRANTING THE APPEAL BY GILBERTO PASTORIZA, REVERSING THE DECISION OF THE PLANNING, ZONING AND APPEALS BOARD, THEREBY REVERSING THE ZONING ADMINISTRATOR INTERPRETATION 12-0001 DATED FEBRUARY 16, 2012, REGARDING ACCESSORY PARKING. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on April 4, 2012, following an advertised public hearing, adopted Resolution No. PZAB-12-012 by a vote of five to three (5-3), item no. 4, to DENY the appeal of the Zoning Administrator Interpretation 12-0001; and WHEREAS, an appeal of the Planning, Zoning and Appeals Board decision was filed by Gilberto Pastoriza; and WHEREAS, the City Commission after careful consideration of this matter and notwithstanding the decision of the Planning, Zoning and Appeals Board, finds the Zoning Administrator Interpretation does not meet the applicable requirements of Zoning Ordinance No. 13114, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to grant the appeal, reverse the decision of the Planning, Zoning and Appeals Board and reverse the Zoning Administrator Interpretation 12-0001, as attached; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The decision of the Planning, Zoning and Appeals Board to deny the appeal by Gilberto Pastoriza of the Zoning Administrator Interpretation on 12-0001 dated February 16, 2012, regarding accessory parking is reversed and the Zoning Administrator Interpretation is reversed. The appeal is granted. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECTNESS,'✓ JULIE 0. BRU CITY ATTORNEY City of Miami Page I of 2 File Id: 12-00252za (Version: 4) Printed On: 5/10/2012 File Number: 12-00252za Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 File Id: 12-00252za (Version: 4) Printed On: 5/10/2012 CITY OF MIAMI OFFICE OF ZONING MEMORANDUM TO: Gilberto P4 tori3a, Attorney at Law FROM: Barnaby"L. MK, Zoning Administrator DATE: February 1012 RE: Zoning Interpretation 12-0001 This Zoning Interpretation is issued to clarify the procedures for accessory or incidental parking.' There are properties throughout the City of Miami ("City") that have dual zoning. Many of these properties have the principal use in one Transect Zone and the associated accessory parking in a second Transect Zone. The issue presented for this Zoning Interpretation is what requirements must a property comply with when its principal use is in one Transect Zone and its accessory parking is in a separate Transect Zone. Section 3.3.1 of Miami21 states that lots "assembled into one ownership that encompass more than one Transect Zone shall be developed according to the corresponding Transect regulation for each Lot." Accordingly, pursuant to Section 3.3.1, both Transect Zone requirements must be complied. When accessory parking is located in a Transect Zone, it is only authorized if it complies with the requirements of that particular Transect Zone. Because accessory parking is incidental and subordinate to the principal use, the principal use must also comply with the requirements of the particular Transect Zone. To illustrate the issue, consider a property that has dual zoning of both a T6-8-O Transect Zone and a T4-R Transect Zone. Article 4, Table 3 of Miami21 indicates that general commercial uses .are allowed. by right in a.T6-8-0 Transect Zone but strictly prohibited in a T4-R Transect Zone. As Section 3.3.1 of Miami21 indicates, both Transect Zone requirements must be complied with in order to allow the principal use of a general commercial use. Because the T4-R Transect Zone strictly prohibits general commercial uses, the accessory parking is likewise prohibited. There is a provision of Section 3.3.1 of Miami21 that arguably presents conflicting authority on this issue. Specifically, Section 3.3.1 of Miami21 also states that "T4 Lots adjacent to T5 or T6 Lots may provide parking for adjacent Lot uses, and shall follow all other T4 requirements including Liner requirements. Access for such parking shall be provided only through the T4- 0, T5 or T6 Lot." An inference can be made that because this section refers to parking in a T4 Lot for the adjacent lot, parking is thus allowed regardless of whether the principal use is allowed. This section, however, must be read in conjunction with the remaining portions of Miami21, including the above -cited portion of Section 3.3.1. Accordingly, if the actual use is not allowed in the specific Transect Zone, the corresponding accessory parking is likewise not 1 Accessory parking is parking that is customarily incidental and subordinate to the principal use. The terms accessory_and-incidental_are_interchangeable_and_for_the-purposes-of--this-Zoning Interpretation, -the -term -accessory parking shall be used. Doc. No.: Docl (2) (2) (2) (5) (2) allowed. The language concerning T4 lots is meant to solely address uses that are allowed in a T4 Transect Zone. In addition to the statutory construction analysis above, deference must also be paid to the intent of Miami21 and the zoning atlas. Article 4, Table 1. of Miami21 indicates that T4 Transect Zones are "primarily residential urban fabric with a range of building types including rowhouses, small apartment buildings, and bungalow courts." T6 Transect Zones, on the other hand, "consists of the highest density and greatest variety of Uses." (Emphasis addled). Accordingly, the intent of Miami21 is to have lower impact commercial uses in a T4 Transect Zone and keep it primarily residential. Parking for an associated use in a T6 Transect Zone which is of a higher density and more variety does not comply with this intent. In conclusion, accessory parking is only authorized in a Transect Zone if the principal use in which the panting is associated is also allowed in the specific Transect Zone.2 This interpretation shall be final unless appealed to the Planning, Zoning, and Appeals Board within 15 days of the date of its issuance. cc: Francisco Garcia, Director of Planning Victoria Mendez, Assistant City Attorney Office of Zoning Office of NET 2 This Zoning Interpretation is limited to the applicability of Article 4, Table 3 to accessory parking. Assuming the accessory parking is authorized, it must also comply with the remaining provisions of Miami21 including, but not limited -to, —Article 3 with -respect -to -heat island -effects, —Article 5-with-respect to--design-and-location criteria, and Article 9 with respect to landscaping requirements. Doc. No.: Docl (2) (2) (2) (5) (2)