HomeMy WebLinkAbout12-11-14 PZAB ResolutionMiami Planning, Zoning and Appeals Board
Resolution: PZAB-R-14-070
File ID 14-01075zt November 5, 2014 Item PZAB.9
Mr. Juvenal Pita offered the following resolution and moved its adoption:
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL
WITH MODIFICATIONS OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, TO AMEND ORDINANCE
NO.13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 7 "PROCEDURES AND
NONCONFORMITIES" TO MODIFY PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Upon being seconded by Ms. Maria Beatriz Gutierrez, the motion passed by a vote of 7-0:
Ms. Jennifer Ocana Barnes Yes
Mr. Chris Collins Yes
Ms. Maria Lievano-Cruz Yes
Mr. Charles A. Garavaglia Yes
Mr. Charles A. Gibson Absent
Ms. Maria Beatriz Gutierrez Yes
Dr. Ernest Martin Absent
Mr. Daniel Milian Absent
Mr. Juvenal Piiia Absent
Ms. Melody L. Torrens Absent
Mr. Manuel J. Vadillo Yes
Mr. David H. Young Yes
1l 71q
n( Francisco C rola, Director Executio Dat
Planning` and Zoning Department
STATE OF FLORIDA
COUNTY OF MIAMI-DADE )
Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the
City of Miami, Florida, and acknowledges that he executed the foregoing Resolution.
ierSWORN AND SUBSCRIBED BEFORE ME THIS " ) DAY OF 1", 2014.
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Print Notary Name
Personally know or Produced I.D.
Type and number of I.D. produced
Did take an oath or Did not take an oath c,G,
Notary Public State of Florida
My Commission Expires:
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^*'>, i-kl MY COMMISSION # EE 105250
3 •.)'1i 01 EXPIRES: July 11, 2015
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File Number: 1.401075zt Final Action Date:
ARESOLUTION OFTHE M|AM|PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF AN ORDINANCE OF THE M|AW1| CITY
COMMISSION, TOAMEND ORDINANCE NO.13114.THE ZONING ORDINANCE {}F
THE CITY OFM|AK4[BYAMENDING ARTICLE 7"PROCEDURES AND
NONCDNF(}RK4|T|EG"T[}MODIFY PARKING REQUIREMENTS FOR ADAPTIVE
USES; CONTAINING A8EVEAAB|L\TYCLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami.
F|NO|NG(S):
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: This will allow non -conforming Buildings with less than the required
OO-S|t8 parking or no parking to continue to exist with vested rights while emphasizing
the intent ofthe Miami 21 Code to promote rehabilitation, [8StOnsti0n. and adaptive
uses onexisting Buildings.
WHEREAS, the Miami Planning Advisory BO8nJ' at its meeting on November 5. 2014, Item NO.
PZAB.S, following an advertised public hearing, adopted NeSO|UhOn No. PZAB by vote of-tO -
(-), r8CO0nnend8d the 8dOphOO Of this item to the City Of Miami City C0nnnliSSiOO; and
WHEREAS, OnOctober 22.2O09,the City Commission adopted the Mierni21 Code ("Code"),
Ordinance 13114 as the City of Miami's Zoning Ordinance; and
WHEREAS, the intent of the Code is to prOnOOhe the reh8bi|itotiOn, restoration, and
adaptive uses onexisting Buildings; and
VVHEF<EA3, the intent of the Code is to 8U0vv OOn'onnf0nDing 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 of the Zoning Ordinance needs to be
corrected and updated to reflect the intent of the Code and provide clarification and accuracy; and
WHEREAS, the {]tv 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 its Zoning
Ordinance as hereinafter set forth.
NOW, THEREFORE, BE|TORDAINED BYTHE COMMISSION {}FTHE CITY OFK8|AM[
FLORIDA, AGFOLLOWS:
(l9 v/Ali«»/
File Number: 14-01075zt
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Ordiance 13114, the Zoning Ordiance 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
* * *
7.2.8 NONCONFORMING SITE IMPROVEMENTS
b. Where existing Off-street Parking facilities are is nonconforming to the requirements of this
Code or any other city standards, the restoration or rehabilitation of an existing Building or
adaptive Use to any permitted Use in the Transect Zone shall not require the provision of
additional parking or on -site storm water retention or detention except to the extent required
by applicable state or federal law. Existing nonconforming Buildings which are being
rehabilitated or restored and that will continue to exist shall have vested Parking rights where
no additional parking shall be required. Modifications to the Building resulting in an increase of
Floor Area shall require additional parking based on Use and Floor Area for the increment
only, as set forth in Article 4 Table 4. No modifications may be permitted which increase the
degree of the existing nonconformity. Modifications to the facilities may be approved by
Waiver, and the Waiver may be conditioned on safeguards that reduce the degree of
nonconformity to the extent reasonably feasible in the circumstances of the case.
* II
Section 3. If any section, part of 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 thirty (30) days after final reading and adoption
thereof. {2}
REVIEWED AND APPROVED
OFFICE OF THE CITY ATTORNEY:
City of Miami
Page 2 of 3 File Id: 14-010 75zt (Version: 1) Printed On: 10/22/2014
File Numboc14+71075z
Footnotes:
/1\Words and/or figures stricken through shall bedeleted. 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 [)ndiDBDQe oh8U become 8ffeCUw8 as specified herein un|8SS vetoed by the Mayor within ten
days from the date itwas passed and adopted. If the Mayor vetoes this Ordinance, itshall become
effective immediately upon override of the veto by the City Commission or upon the effective date
Stated, whichever is later.
Ci�y qf Miami
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