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Ordinance: 13452
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 13-01088zt Final Action Date: 4/24/2014
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
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File Number: 13-01088zt Enactment Number: 13452
3.14.4
following or combination thereof:
development Floor Area of provided land up to the bonus Height and FLR as described in Section
7 of this Code.
b. Public Park, Open Space, or Park Improvements. The development project in a T6 zone may
provide any of the following or combination thereof:
1. Public Park, or Open Space, provided through purchase and in an area of need identified by the
City Parks and Open Space Master Plan and the City's Parks Department. In addition park
improvements provided through donation for Public Parks with amenity levels that are Moderate or
that Need Improvement as defined by the Parks Department Facilities' Assessment Report.
i. For each square foot of dedicated public Park or Open Space provided, the development
shall be allowed two times the development Floor Area of provided land up to the
bonus Height and FLR as described in Section 3.14.1 The Open Space may be a Park,
Green or Square, as more fully described in Article 4, Table 7 of this Code.
ii. Park improvements shall be valuated and for said value the development project shall be
allowed additional Floor Area up to the bonus Height and FLR described in Section
3.14.1. and shall for all applicable purposes be treated as a Trust Fund contribution
pursuant to Section 3.14.4.b.(3).
iii. Park improvements for Public Parks in areas below the area median income threshold
shall be allowed two times the valuation credit.
iv. Donations must meet all City requirements for design, equipment specifications,
construction, warranties, etc. Park improvements are subject to review and approval by
the City Manager or designee in accordance with Miami 21.
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.
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File Number: 13-01088zt Enactment Number: 13452
Section 5. This Ordinance shall become effective 30 days after final reading and adoption thereof.
{2}
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.
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