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HomeMy WebLinkAboutFully-Executed CC 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} 3.3 LOTS AND FRONTAGES "ARTICLE 3. GENERAL TO ZONES * * 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 1 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 M-ark 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. * 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 CORRECTNESSt JULIE O. BRU CITY ATTORNE 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