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HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13-01088zt 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, ENTITLED "GENERAL TO ZONES", TO CLARIFY EXISTING REGULATIONS AND TO ADD NEW PROVISIONS WITHIN THE PUBLIC BENEFITS PROGRAM TO ALLOW THE DONATION OF PARK IMPROVEMENTS TO SATISFY THE PUBLIC BENEFITS REQUIREMENTS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 20, 2013, following an advertised public hearing, adopted Resolution No. PZAB-R-13-059 by a vote of eight to zero (8-0), item no. 1, recommending APPROVAL of the amendments as set forth; and WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 the Miami 21 Code ("Miami 21 Code"), as the Zoning Ordinance of the City of Miami, Florida; and WHEREAS, the City of Miami ("City") desires to allow the acceptance of Park Improvements as stated in the City Parks and Open Space Master Plan or needed by the City's Parks and Recreation Department in exchange for bonus Height or Floor Area (FLR) bonus; and WHEREAS, it has been determined that modifications to the Miami 21 Code are needed to encourage private individuals to provide much needed improvements to City Parks; 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 and its citizens to amend the Miami 21 Code 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. The Miami 21 Code is hereby amended by making modifications to Article 4, and Article 6 in the following particulars: {1} "ARTICLE 3 SPECIFIC TO ZONES * SECTION 3.14 PUBLIC BENEFITS PROGRAM * City of Miami Page 1 of 2 File Id: 13-01088zt (Version: 3) Printed On: 11/27/2013 File Number: 13-01088zt 3.14.4 b. Public Park, er Open Space, or Park Improvements. The development project in a T6 zone may provide any of the following or combination thereof: 1. Public Park, et -Open Space, or Park Improvements provided through purchase or donation and in an area of need identified by the City Parks and Open Space Master Plan and the City's Parks Department. For each square foot of dedicated public Park, ef-Open Space or value of Park Improvement provided, the development shall be allowed two times the development Floor Area of provided land or two times the equivalent value of donated park improvement up to the bonus Height and FLR as described in Section 3.14,1 and value as described in Section 3.14.4.b.(3). The Open Space may be a Park, Green or Square, as more fully described in Article 4, Table 7 of this Code. The Park Improvements shall be approved by the Parks Director and Planning Director in accordance with the Parks Master Plan. 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: VI CI 0—Vs-a ORIA MENDEZ 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: 13-01088zt (Version: 3) Printed On: 11/27/2013