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Home My WebLink AboutPZAB (10-00963zt1) Reso & CC Legislation (Ver. 1)Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-11-027 File ID 10-00963zt1 May 18, 2011 Item PZAB.3 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL WITH A CONDITION, TO THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING ARTICLE 1, SECTION 1.2 DEFINITION OF TERMS AND ARTICLE 3, SECTION 3.6.3 ADDITIONAL OFF-STREET PARKING REGULATIONS, TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THIS AMENDMENT WAS RECOMMENDED APPROVAL SUBJECT TO THE FOLLOWING CONDITION: AMNESTY/CODE COMPLIANCE PROCESS WHERE NO FEE IS APPLICABLE FOR A PERIOD OF 18 MONTHS. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by a vote of 7-1: Mr. Charles A. Garavaglia Yes Mr. Patrick Goggins Yes Ms. Maria Beatriz Gutierrez Yes Mr. Lazaro Lopez No Mr. Ernest Martin Yes Mr. Daniel Milian Yes Mr. Michael Schiff Yes Ms. Janice Tarbert Yes Francisc Garcia, Director Planni g Department STATE OF FLORIDA COUNTY OF MIAMI-DADE Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS Fes[_ LAY OF -'-( , 201.1. 3andira l Print Notary Name Notary ' ublic State of Florida Personally know ✓ or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath My Commission Expires: �cr a Notary Public State of Flbrida Sandra Forges c ` My Commission DD659677 �•t>toF 1ti.0�. Expires 0210912013 City of Miarni Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL33133 www.miamigov.com File Number: 11-00806zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MODIFYING ARTICLE 1, SECTION 1.2. ENTITLED "DEFINITION OF TERMS" AND ARTICLE 3, SECTION 3.6.3, ENTITLED "ADDITIONAL OFF-STREET PARKING REGULATIONS", TO ESTABLISH CONDITIONS AND STATIONING REQUIREMENTS FOR RECREATIONAL WATERCRAFTS IN T3 AND T4 ZONES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, for File ID 10-00963zt1, the Miami Planning, Zoning and Appeals Board, at its meeting on May 18, 2011, following an advertised public hearing, adopted Resolution No. PZAB-R-11-027, by a vote of seven to one (7-1), Item No. 3, recommending APPROVAL of an amendment to Ordinance No. 13114, the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21"); and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code; and WHEREAS, it has been determined that the Miami 21 Code should be amended to establish conditions and requirements for Recreational Watercraft to better meet the needs of the residents of Miami; 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 Miami 21 Code; 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. The Miami 21 Code is amended by making modifications to Article 1 and Article 3 in the following particulars {1}: 1.2 DEFINITIONS OF TERMS * "ARTICLE 1. DEFINITIONS City of Miami Pa; e 1 of 4 File Id: 11-00806zt (Version: 1) Printed On: 8/24/2011 File Number. 11-00806zt Minor Accessories: An optional part fitted to perform an additional function or enhance performance. For Recreational Watercraft these include masts, antennas, vent stacks and windshields. Stationing: The placing or positioning of a given movable item on a given parcel of land for a period of time exceeding 12 hours. Recreational Watercraft: A vessel or craft designed and licensed to move across or through water, designed and outfitted exclusively for recreational use. * ARTICLE 3. GENERAL TO ZONES 3.6 OFF-STREET PARKING AND LOADING STANDARDS * 3.6.3 Additional Off-street Parking Regulations g. * Inoperable vehicles and other inoperable Recreational Watercraft or equipment shall be stored or stationed only in storage facilities or other approved places where they are completely concealed from public view. h. Except in connection with permitted active continuing construction on the premises, construction equipment such as earth moving machines, excavators, cranes, and the like shall only be allowed in D1, D2 and D3, as allowed by this Code. i. All Off-street Parking shall comply with applicable regulations related to lighting, paving, and drainage including the Miami -Dade County Code and the Florida Building Code. j• Specific areas may be set aside for Tandem Parking. Tandem Parking in all Transect Zones, except T3 and T4, shall be used only by a valet parking operator. k. Parking facilities on adjoining Lots may share access points, driveways and parking subject to a recorded covenant running with the property on which the facilities are located, by process of Waiver. I. Stationing of Recreational Watercraft: 1. Transect Zones Stationing of a single Recreational Watercraft may only be permitted by Warrant in T3, T4-R City of Miami Page 2 of 4 File Id: 11-00806zt (Version: I) Printed On: 8/24/2011 File Number: 11-00806zt and T4-L Zones only where incidental to a Single -Family Residence. This section shall not be construed as preventing the docking of boats along the waterfront. 2. Buffering Reasonable arrangements shall be made to properly buffer view of the Recreational Watercraft from abutting parcels by means of walls, fences or landscaping of sufficient opaqueness to visually conceal its bulk. 3. Occupancy Recreational Watercraft stationed in T3, T4-R and T4-L Zones shall not be used as Residential or other occupancies. 4. Location Stationing of Recreational Watercraft may only be permitted when placed within the Second and/or Third Layer of the property. 5. Height The maximum height of the Recreational Watercraft shall not exceed six (6) feet, inclusive of trailer and excluding Minor Accessories. 6. State or condition Stationing of Recreational Watercraft in T3, T4-R and T4-L Zones may only be permitted as long as the Recreational Watercraft is maintained in an orderly and seemly condition and remains in fully operational condition as well as compliant with all required licenses and inspections as evidenced by the appropriate affidavits and decals. *1I 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 Miami 21 Code of the City of Miami, Florida, which provisions may be renumbered or reentered 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 upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS.- JULIE O. BRU CITY ATTORNEY Footnotes: City of Miami Page 3 of 4 File Id: 11-00806zt (Version: 1) Printed On: 8/24/2011 File Number. 11-00806zt {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 4 of 4 File Id: 11-00806zt (Version: 1) Printed On: 8/24/2011