HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 12-01180zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO, 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 3, SECTION 3.3.6.F., ENTITLED, "TIGERTAILAVENUE", BY
UPDATING THE "TIGERTAIL AVENUE" ESTABLISHED SETBACK AREA;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on November 7,
2012, following an advertised public hearing, adopted Resolution No. PZAB-R-12-047 by a vote of nine
to one (9-1), item no. 7, recommending APPROVAL of this amendment as set forth; and
WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code, Ordinance
No. 13114 as the City of Miami's Zoning Ordinance ("Zoning Ordinance"); and
WHEREAS, it has been determined that a pedestrian friendly setback is desirable for
streets that permit commercial uses on both sides to encourage sustainable practices; 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 the
Zoning Ordinance as hereinafter set forth;
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. Article 3, Section 3.3.6.f, entitled "Tigertail Avenue", of the Zoning Ordinance is
amended in the following particulars: {1}
"ARTICLE 3. GENERAL TO ZONES
*
3.3 LOTS AND FRONTAGES
3.3.6 For new Buildings in Established Setbacks Areas, the Established Setback shall be maintained,
(See also Article 4, Diagram 10) Galleries and Arcades may be permitted within the First Layer
in Established Setback Areas and shall not encroach the Public Right -of -Way except by Special
Area Plan, Where a Gallery or Arcade is permitted, the Established Setback shall only be
maintained if a Gallery or Arcade is provided. Where a Gallery or Arcade is not provided, the
City of Miami Page I of 2 File Id: 12-01180zt (Version: 3) Printed On: 11/27/2012
File Number: 12-01180zt
setback for the underlying Transect Zone shall be maintained.
Established Setback Areas include:
f. Tigertail Avenue
1. Boundary: All properties along the southeast side of Tigertail Avenue between MaFy
Darwin Street and Aviation Avenue.
Tigertail Avenue Setback: One hundred feet (100) except, Residential Uses (as
ancillary Use), may be developed in accordance with Setback provisions of the
underlying Transect Zone. Parking structures lined by Residential Uses must be
setback a minimum of fifty (50) feet from Tigertail Avenue.
*II
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 shall 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 become effective 30 days after final reading and adoption thereof,
{2}
APPROVED AS TO FORM AND CORRECTNESS.
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{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,
{2} 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.
City of Miami Page 2 of 2 File Id: 12-01180zt (Version: 3) Printed On: 11/27/2012