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HomeMy WebLinkAboutLegislation-SUB [v2]THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com File Number: 16-00401zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE I\TO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MI FLORIDA, AS AMENDED, BY AMENDING ARTICLE 3.6, ENTITLED "OFF-STR PARKING AND LOADING STANDARDS", TO ADD SUBSECTION 3.6.1(f); CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIM DATE. WHEREAS, on on October 22, 2009, the City Commission adopted Ordinance No. 13114ralhe4ami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the Miami 21 Code codifies Off -Street Parking regulations for the City of Miami ("City"); and WHEREAS, the Miami 21 Code currently prohibits utilizing properties in T3 Transect Zones to satisfy the parking requirements of abutting T6 Transect Zone properties; and WHEREAS, approximately twenty percent (20%) of the properties in T6 Transect Zones in the City abut properties in T3 Transect Zones; and WHEREAS, providing parking for the uses on a T6 Transect Zone property on an abutting T3 Transect Zone property can be responsibly achieved through the compliance with criteria sensitive to the form and intent of T3 Transect Zones; and WHEREAS, it has been determined that adding Section 3.6.1(f), entitled "Off -Street Parking Standards", is required to establish this criteria; and WHEREAS, the Miami Planning, Zoning, and Appeals Board ("PZAB"), at its meeting of April 6, 2016, following an advertised hearing, adopted Resolution No. PZAB-R-16-021 by a vote of seven to three (7-3), recommending approval on the condition that compliance with the criteria set forth in new Section 3.6.1(f) shall be reviewed by process of Exception; 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 approve the amendments to 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 3 in the following particulars: {1} City of 'Viand Page 1 of 3 File Id: 16-00401zt (Version: 3) Printed On: 4/21/2016 1(o- 00401 21- -1,661 4--[w -S499, THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. File Number: 16-00401zt "ARTICLE 3. GENERAL TO ZONES 3.6 OFF-STREET PARKING AND LOADING STANDARDS =IC) --4 * * 3c) 3,6,1 Off-street Parking Standards, C) rn * * f. New parking facilities that are incidental and subordinate to a principal Use in any T6 Transect Zone may be provided on an abutting property in a T3 Transect Zone if the following criteria are met; 1. The property in the T3 Transect Zone and the property in the T6 Transect Zone shall be joined by a Unity of Title or Covenant in Lieu of Unity of Title, which shall specifically provide that parking facilities on the property in the T3 Transect Zone shall only be accessible through the property in the T6 Transect Zone. 2. There is a preference for underground parking, and if the parking facility proposed on the property in the T3 Transect Zone is not underground, the applicant shall state the reason in the application. 3. Any Parking Structure built on the property in the T3 Transect Zone shall conform to the form based standards of the T3 Transect Zone, excluding the provisions of Article 5, Section 5.3.4(c). 4. Any Parking Structure on the unified site shall be lined and shall be buffered from surrounding Uses with landscaping consistent with Civic Space standards set forth in Article 4, Table 7. 5. No parking shall be provided on the unified site in excess of the required minimum parking as set forth in Miami 21 or Chapter 35 of the City Code, as applicable, 6. Compliance with these standards shall be reviewed by process of Warrant. 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 re -lettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. City of Miami Page 2 of 3 File Id: 16-00401zt (Version: 3) Printed On: 4/21/2016 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. File Number: 16-00401zt Section 5. ;This Ordinance shall become effective immediately upon adoption and signature by the Mayor.{2} 7°" APPROVED AS TO FORM AND CORRECTNESS: VICTORIA MENDEZ CITY ATTORNEY 0 14.0 3 fJ CD in Fri D 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 {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 herein, whichever is later. City of Miami Page 3 of'3 File Id: 16-00401zt (Version: 3) Printed On: 4/21/2016 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-16-021 File ID 16-00401zt April 6, 2016 Mr. Juvenal Pina offered the following resolution and moved its adoption: ite z, r A co A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL, WITH CONDITIONS, OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS", TO ADD SUBSECTION 3.6.1(f)"; PROVIDING FOR INCLUSION IN THE MIAMI 21 CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Maria Lievano-Cruz the motion passed and was adopted by a vote of 7 Ms. Jennifer Ocana Barnes No Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Adam Gersten Yes Ms. Maria Beatriz Gutierrez Absent Mr. Daniel Milian Yes Mr. Juvenal Pina Yes Ms. Melody L. Torrens No Mr. Manuel J. Vadillo Yes Mr. David H. Young No Fran ic�scc Garcia, Director Planning and Zoning Department STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Ai 7q Execution D to 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. SWORN AND SUBSCRIBED BEFORE ME THISZU DAY OF Apr' \ , 2016. C'ct-irt Z �v a.1reZ Print Notary Name Personally know ✓ or Produced I.D. Type and number of LD, produced Did take an oath or Did not take an oath Notary Public State of Florid, My Commission Expires: ALVAREZ h1YC M 115S;O, #FFF0071@A EXPIRES: November 20 2017 SoNied Thai Nolat), Public U.ndanxitnrs rn (-) ►Tt THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT THE END OF THIS DOCUMENT. Miami Planning, Zoning and Appeals Board Resolution: PZAB-R-16-021 CONDITION(S) Compliance with standards shall be reviewed by the process of an Exception, not the process of a Warrant. Cr' ss tV ss CO SUBSTITUTED City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.co File Number: 16-00401zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING ARTICLE 3.6, ENTITLED "OFF-STREET PARKING AND LOADING STANDARDS", TO ADD SUBSECTION 3.6.1(f); PROVIDING FOR INCLUSION IN THE MIAMI 21 CODE; AND PROVIDI FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance o. 13114, the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Mi i 21 Code"); and WHEREAS, the Miami 21 Code codifies Off -Street Parking regulation or the City of Miami ("City"); and WHEREAS, the Miami 21 Code currently precludes utilizing pro parking requirement of abutting properties zoned T6; and erties zoned T3 to satisfy the WHEREAS, approximately twenty percent (20%) of the p •perties zoned T6 in the City abut properties zoned T3; and WHEREAS, providing parking for the uses of a pro--erty zoned T6 in an abutting property zoned T3 can be responsibly achieved through the establishm- t of criteria sensitive to the form of T3; and WHEREAS, it has been determined that ad.' g Section 3.6.1(f), entitled "Off -Street Parking Standards" is required to establish this criteria' nd WHEREAS, the Miami Planning, Zonir., and Appeals Board ("PZAB"), at its meeting of April 6, 2016, Item No. PZAB.6, following an ad rtised hearing, adopted Resolution No. PZAB-R-16-019 by a vote of seven to three (7-3), recomme ding APPROVAL, with condition(s), of the amendments to the Miami 21 Code as set forth; and WHEREAS, the City Com sion, after careful consideration of this matter, deems it advisable and in the best interest of the gen- ral welfare of the City and its inhabitants to APPROVE the amendments to the Miami 21 Code as heinafter set forth; NOW THEREFOR", BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. . he recitals and findings contained in the Preamble to this Ordinance are adopted by reference and '' corporated as if fully set forth in this Section. Secti 2. The Miami 21 Code is hereby amended by making modifications to Article 3 in the following particulars: {1} of Nliami Page 1 of 3 File Id: 16-00401zt (Version: 2) Printed On: 4/18/2016 SUBSTITUTED File Number. 16-00401zt I1* ARTICLE 3. GENERAL TO ZONES 3.6 OFF-STREET PARKING AND LOADING STANDARDS 3.6.1 Off-street Parking Standards. f. New parking facilities that are incidental and subordinate to a principal Use in ny T6 Transect Zone may be provided in an abutting T3 property if the following criteria are met; 1. The T3 property and the T6 property shall have a Unity of Title or ovenant in Lieu of Unity of Title, and parking facilities on the T3 portion shall only be acessible through the T6 portion of the site. 2. Underground Parking is preferred and any Parking Stru re built on the T3 portion of the site shall conform to the form based standards of the deriving Transect Zone , excluding the provisions of Article 5, Section 5.3.4(c). The Par nq Structure shall be lined and shall be buffered from surrounding Uses with landscapi- q consistent with Civic Space standards set forth in Article 4, Table 7. 3. The Miami 21 Code's parking minimums for _ ny Use on the site shall also function as parking maximums. 4. Compliance with these standards sh- be reviewed by process of Warrant. * I 1 Section 3. If any section, part of a -ction, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisis of this Ordinance shall not be affected. Section 4. It is the intention .' the City Commission that the provisions of this Ordinance shall become and be made a part of t• a Miami 21 Code, which provisions may be renumbered or re -lettered and that the word "ordinance" ay be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This O inance shall become effective immediately upon adoption and signature by the Mayor.{2} APPROVED AS 'O FORM AND CORRECTNESS: VICTORI ENDEZ CITY AT ORNEY City of Miand Page 2 of 3 File Id: 16-00401zt (Version: 2) Printed On: 4/18/2016 SUBSTITUTED File Number. 16-00401zt Footnotes: {1 } Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omi ed and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor hin ten (10) days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, i hall become effective immediately upon override of the veto by the City Commission or upo the effective date stated herein, whichever is later. ty of Miami Page 3 of 3 File Id: 16-00401zt (Version: 2) Printed On: 4/18/2016