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Home My WebLink About05-28-15 CC Legislation [v4] SUBCITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Honorable Mayor and DATE: May 19, 2015 Members of the City Commission FROM: Daniel City Manager / REFERENCES: SUBJECT: May 28, 2015 City Commission Meeting Agenda — PZ. 13 ENCLOSURES: The following document is being substituted for an item scheduled in the Planning and Zoning portion of the May 28, 2015, City Commission Agenda: PZ.13: The City Commission heard this matter on First Reading at the meeting held on March 26, 2015. Attached is the revised legislation being provided for substitution and incorporation to the public record in order to address public concerns discussed during First Reading. cc: Alice N. Bravo, P.E., Deputy City Manager/ Chief of Infrastructure Francisco J. Garcia, Director, Planning and Zoning Julia D. Hernandez, Agenda Coordinator Lei)si$i61+i m [v43 S\)b cs )444 cal 713 P-1 C) Fn �f tv ra Submitted into the public record for item(s) j' Z • (3 :n S.• >C)I1' . City Clerk THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City Hall City of Miami 3500 Pan American Drive *" IM00�� ,,,,,. Miami, FL 33133 a�, o. ,i Legislation • �, � 0 ,- -, www.miamigov.com U Ordinance File Number: 14-01075zt u41U Final Action Date: -o • S. N AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE r v NO.13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ° E RMITIES," 5 TO MODIFY PARKIARTICLE 7, ONG REQUIREMENTS N 7.2, ENTITLED FOR ADAPTIVE USES;OCEDURES AND OCONTAINING A T �° SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. E u v )�o WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting on November 5, 2014, Item No. PZAB.9, following an advertised public hearing, adopted Resolution No. PZAB-R-14-070 by a vote of seven to zero (7-0), recommended the adoption of this item to the City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ordinance 13114 as the City of Miami's ("City") Zoning Ordinance; and WHEREAS, the intent of the Code is to promote the rehabilitation, restoration, and adaptive uses on existing Buildings; and WHEREAS, the intent of the Code is to allow non -conforming Buildings with less than the required on -site parking, or no parking, to continue to exist with vested rights; and WHEREAS, it has been determined that Article 7, Section 7.2 of the Code needs to be corrected and updated to reflect the intent and provide clarification and accuracy; 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 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 fully set forth in this Section. Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 7 in the following particulars {1}: "ARTICLE 7 PROCEDURES AND NONCONFORMITIES * * * 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS City of Miami Page 1 of 3 File Id: 14-01075zt (Version: 4) Printed On: 5/19/2015 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. File Number: 14-01075zt {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 (10) 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, whichever is later. Submitted into the public record for item(s) F7 • (3 on c'dtt • X I City Clerk City of Miami Page 3 of 3 File Id: 14-01075zt (Version: 4) Printed On: 5/19/2015 SU BSTITUTED "1:1:: Fte City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File mber: 14-01075zt Final Action Date: AN .. ' DINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.1 14, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICL. 7, SECTION 7.2, ENTITLED "PROCEDURES AND NONCONFORMITIES," TO MODIFY RKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A SEVERABI► Y CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Mia Tanning, Zoning and Appeals Board ("PZAB"), at its meeting on November 5, 2014, Item No. PZAB.9, follo ng an advertised public hearing, adopted Resolution No. PZAB-R-14-070 by a vote of seven to zero (7-0), ommended the adoption of this item to the City Commission; and WHEREAS, on October 22, ' '9, the City Commission adopted the Miami 21 Code ("Code"), Ordinance 13114 as the City of Miami' "City") Zoning Ordinance; and WHEREAS, the intent of the Code i o promote the rehabilitation, restoration, and adaptive uses on existing Buildings; and WHEREAS, the intent of the Code is to al . non -conforming Buildings with less than the required on -site parking, or no parking, to continue to exist vested rights; and WHEREAS, it has been determined that Article Section 7.2 of the Code needs to be corrected and updated to reflect the intent and provide clarification accuracy; and WHEREAS, the City Commission, after careful consid in the best interest of the general welfare of the City and its citiz forth; tion of this matter, deems it advisable and to amend the Code as hereinafter set NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSI• OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to thi •rdinance are adopted by reference and incorporated as fully set forth in this Section. Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, F . Ida, is hereby amended by making modifications to Article 7 in the following particulars {1}: "ARTICLE 7 PROCEDURES AND NONCONFORMITIES 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS City of Miami Page 1 of 2 File Id: 14-01075zt (Version: 4) Printed On: 5/18/20 File Number: 14-01075zt SUBSTITUTED * 8 NONCONFORMING SITE IMPROVEMENTS b. Where fisting Off-street Parking facilities arc is nonconforming to the requirements of this Code or any other city s • dards, the restoration or rehabilitation of an existing Building or Adaptive Use, or to any permitted Us- 'n the Transect Zone shall not require the provision of additional parking or on -site storm water retention . detention except in a T3 or T4-R Transect Zone or within an area of the city for which a parking trust fun• 'as been established and is in effect pursuant to Chapter 35 of the City Code, where existing Off -Street ' Irking is noncomforming to the requirements of this Code or any other city standards to any Use permitted in ,e Transect Zone, Adaptive Use, shall not require the provision of additional parking or on -site storm water . ention or detention . If the prior Use of such st cture was single-family, duplex or lodging and the site is less than 500 feet away from a T3 Transect Zone, t - provision of additional parking shall be required as per the requirements of this Code. No modifications :y be permitted which increase the degree of the existing nonconformity. Modifications to the facilities to 'ff-street Parking may be approved by Waiver, and the Waiver may be conditioned on safeguards that r- ' uce the degree of nonconformity to the extent reasonably feasible in the circumstances of the case. *II Section 3. If any section, part of a sec 'n, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of t 's Ordinance shall not be affected. Section 4. It is the intention of the City Commi ion that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the ty of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinanc_" may be changed to "section," "article," or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty thereof. {2} Footnotes: days after final reading and adoption {1} Words and/or figures stricken through shall be deleted. Underscored 'rds and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. terisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the ayor within ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it all become effective immediately upon override of the veto by the City Commission or upon the effe 've date stated, whichever is later. City of Miami Page 2 of 2 File Id: 14-01075zt (Version: 4) Printed On: 5/18/201