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Home My WebLink AboutPZAB 11-7-12 Supporting DocsPZAB.7 File ID: Title: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 12-01180zt Legislative A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 "TIGERTAIL AVENUE", BY UPDATING THE "TIGERTAIL AVENUE" ESTABLISHED SETBACK AREA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Location: City Wide Applicant(s): Purpose: Johnny Martinez, City Manager, on behalf of the City of Miami 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 This will modify the applicability of the "Tigertail Avenue" Established Setback Area, to allow for pedestrian friendly setbacks within the center Coconut Grove commercial area. Planning and Zoning Department Recommendation: Approval. See companion File IDs 12-011801u and 12-01180zc. Planning, Zoning and Appeals Board: November 07, 2012 City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12-01180zt Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 "TIGERTAILAVENUE" ESTABLISHED SETBACK AREA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: SE Side of Tigertail Avenue between Darwin Street and Aviation Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Johnny Martinez, City Manager, on behalf of the City of Miami FINDING(S): PLANNING AND ZONING DEPARTMENT: Recommends approval. See companion File Ds 12-011801u and 12-01180zc. PURPOSE: This will modify the applicability of the "Tigertail Avenue" Established Setback Area to allow for pedestrian -friendly setbacks within the center Coconut Grove commercial area. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on *, following an advertised public hearing, adopted Resolution No. PZAB-R-*-* by a vote of * to * (*-*), item no. *, recommending * of this amendment as set forth; and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code, Ordinance 13114 as the City of Miami's 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. City of Miami Page 1 of 3 File Id: 12-01180zt (Version: 1) Printed On: 10/30/2012 File Number: 12-01180zt Section 2. Ordinance 13114 is hereby amended by making modifications to Article 3 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 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 Mary 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} Footnotes: City of Miami Page 2 of 3 File Id: 12-01180zt (Version: 1) Printed On: 10/30/2012 File Number: 12-01180zt {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 3 of 3 File Id: 12-01180zt (Version: 1) Printed On: 10/30/2012 File Number: 12-01180zt Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 3 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 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 Mary - 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} Footnotes: City of Miami Page 2 of 3 File Id: 12-01180zt (Version: 1) Printed On: 10/25/2012 File Number: 12-01180zt {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 3 of 3 File Id: 12-01180zt (Version: 1) Printed On: 10/25/2012