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Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 15-01496zt
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, AMENDING ARTICLE 3, SECTION 3.3.6(g), ENTITLED
"SOUTH BAYSHORE DRIVE"; AMENDING SUBSECTION 3.3.6(g)1; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City of Miami ("City") adopted Ordinance No. 13114, the
Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code");
and
WHEREAS, on the north side of South Bayshore Drive from McFarlane Road to Aviation Avenue,
there is an established character of standalone towers, with noteworthy articulation, set back from
abutting properties; and
WHEREAS, a key to establishing this building typology is a consistent setback from the ground to
the top of the building, and this building typology is precluded by the standard setbacks set for in the
Miami 21 Code; and
WHEREAS, established setbacks are a mechanism in the Miami 21 Code utilized to cultivate a
specific character within the built environment; and
WHEREAS, this area abuts significant bayfront open space, providing a unique opportunity to view
the affected Cityscape; and
WHEREAS, the north side of South Bayshore Drive from McFarlane Road to Aviation Avenue is
unique because there is no other T6 Transect Zone that is one parcel deep and bounded by bayfront
open space on one side and a lower intensity Transect Zone on the other side; and
WHEREAS, it has been determined that modifying Subsection 3.3.6(g)1 is required to create this
unique character area within the City; and
WHEREAS, the Miami Planning, Zoning, and Appeals Board ("PZAB"), at its meeting on November
18, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-077 by a vote of
nine to zero (9-0), item No. 3, recommending approval of this item as set forth; 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 inhabitants 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
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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 3 in the
following particulars:{1}
II*
ARTICLE 3. GENERAL TO ZONES
3.3 LOTS AND FRONTAGES
3.3.6(g) South Bayshore Drive
1. Boundary: All properties on the northern side of South Bayshore Drive from McFarlane Road to
Aviation Avenue.
South Bayshore Drive Setback: Thirty (30') feet; Side Setback: fifteen (15') feet minimum for the
entire height of the building.
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, 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}
Ak ROV D AS TO FORM A
CTORIAENDEZ
CITY ATTORNEY
CORRECTNESS:
City of Miami
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File Number: 15-01496zt
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
an unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten
(10) calendar 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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