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HomeMy WebLinkAboutPZAB 11-18-15 Supporting DocumentationPZAB.3 PLANNING, ZONING AND APPEALS BOARD FACT SHEET File ID: Title: Location: Applicant(s) Purpose: Finding(s): Planning and Zoning Department: Planning, Zoning and Appeals Board: 15-01496zt Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL TO THE MIAMI CITY COMMISSION OF AN AMENDMENT TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 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. North Side of South Bayshore Drive from McFarlane Road to Aviation Avenue [Commissioner Marc David Sarnoff - District 2] Daniel J. Alfonso, City Manager, on behalf of the City of Miami This will amend Article 3, adding Section 3.3.6 (g) 1 to the Zoning Ordinance, in order to modify an existing Established Setback Area to include an established Side Setback for the entire Height of a building. Recommended approval. November 18, 2015 City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-01496zt Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL TO THE MIAMI CITY COMMISSION OF AN AMENDMENT TO ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AMENDING ARTICLE 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. LOCATION: North Side of South Bayshore Drive from McFarlane Road to Aviation Avenue [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will amend Article 3, adding Section 3.3.6 (g) 1 to the Zoning Ordinance, in order to modify an existing Established Setback Area to include an established Side Setback for the entire Height of a building. WHEREAS, on October 22, 2009, Ordinance No. 13114, was adopted as the City of Miami's Zoning Ordinance ("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 stand alone 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 Miami 21's standard setbacks; and WHEREAS, established setbacks are a mechanism in Miami 21 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 object buildings; 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 Section 3.3.6 (g) 1 is required to create this unique character area within the City of Miami; and City of Miami Page 1 of 3 File Id: 15-01496zt (Version: 1) Printed On: 11/10/2015 File Number: 15-01496zt WHEREAS, the Miami Planning, Zoning, and Appeals Board, at its meeting of November 18, 2015, Item No.PZAB.2, following an advertised hearing, adopted Resolution No. PZAB-R-15- by a vote of to (_ _), RECOMMENDING APPROVAL of this item to the City of Miami City Commission; 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. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 3 in the following particulars {1}: „* 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 Zoning Ordinance of the City of Miami, Florida, as amended, 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} APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 2 of 3 File Id: 15-01496zt (Version: 1) Printed On: 11/10/2015 File Number: 15-01496zt VICTORIA 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 an 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 3 of 3 File Id: 15-01496zt (Version: 1) Printed On: 11/10/2015