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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 8000 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SPECIFICALLY BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS" , TO ALLOW FOR AND ESTABLISH CONDITIONS FOR COMMUNITY SUPPORT FACILITIES, SPECIFICALLY ASSISTED LIVING FACILITIES, IN THE D-1, "WORKPLACE", TRANSECT ZONE SUBJECT TO APPROVAL BY WARRANT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Commissioner Manolo Reyes PURPOSE: This will amend Article 6, Table 13, in order to allow certain Community Support Facilities in the D-1 transects, presuming certain criteria are met. FINDING(S): PLANNING DEPARTMENT: Recommended approval PLANNING, ZONING AND APPEALS BOARD: Recommended approval on November 4, 2020, by a vote of 6-1. City of Miami File ID: 8000 (Revision: A) Printed On: 5/13/2025 City of Miami Legislation Ordinance Enactment Number:13959 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 8000 Final Action Date: 12/10/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; SPECIFICALLY BY AMENDING ARTICLE 6, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS" , TO ALLOW FOR AND ESTABLISH CONDITIONS FOR COMMUNITY SUPPORT FACILITIES, SPECIFICALLY ASSISTED LIVING FACILITIES, IN THE D-1, "WORKPLACE", TRANSECT ZONE SUBJECT TO APPROVAL BY WARRANT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on November 4, 2020, following an advertised public hearing, adopted Resolution No. PZAB-R-20-042 by a vote of six to one (6-1), Item No. PZAB.2, recommending approval of the proposed text amendment as stated herein; and WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning Ordinance of the City of Miami ("Miami 21 Code"); and WHEREAS, Community Support Facilities are defined in the Miami 21 Code as facilities that provide basic services for the benefit and service of the population of the community in which they are located, including but not limited to police and fire stations, Extended Care Facilities, Nursing Homes, convalescent homes, Continuing Care Facilities, Assisted Living Facilities ("ALFs"), and Adult Daycare Centers as defined by Chapter 429, Florida Statutes; and WHEREAS, the demand for large Community Support Facilities, specifically ALFs, has increased in the City of Miami ("City") due to the additional Density in and around the urban core; and WHEREAS, it is desirable to have ALFs where seniors may live independent, secure lives, safely interacting in healthy activities during their older years, in a stable and safe environment and close to family; and WHEREAS, Community Support Facilities based on their scale are Civil Support building functions under the Miami 21 Code and are distinguished from smaller Community Residences and similar Home/Facilities, which are categorized as Residential building functions under the Miami 21 Code; and WHEREAS, the Supplemental Regulations applicable to Community Support Facilities in the D-1, "Workplace", Transect Zone only restrict Residential Facilities and do not provide standards for larger Community Support Facilities that are Civil Support uses; and City of Miami File ID: 8000 (Revision: A) Printed On: 5/13/2025 WHEREAS, it is necessary to modify the Supplemental Regulations in Article 6 of the Miami 21 Code to establish compatibility standards for larger ALFs that are appropriately located in the D1, "Workplace", Transect Zone and qualify as Community Support Facilities; and WHEREAS, this proposed text amendment would require ALFs to be approved in the D1, "Workplace", Transect Zone by process of Warrant pursuant to Article 7 of the Miami 21 Code; and WHEREAS, it is in the community's and the City's best interests that ALFs be allowed in the D1, "Workplace", Transect Zone with appropriate conditions by process of Warrant via specific standards; and WHEREAS, consideration has been given to the relationship of the proposed text amendment to the goals, objectives, and policies of the Miami Neighborhood Comprehensive Plan, the Miami 21 Code, and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; and WHEREAS, the City Commission, after careful consideration of this matter, deems it in the best interest of the general welfare of the City and its residents to amend the Miami 21 Code as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. Table 13 of Article 6 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 6. SUPPLEMENTAL REGULATIONS MIAMI 21 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) ADOPTED — JANUARY 2018 D - DISTRICT D-1 WORKPLACE D-2 INDUSTRIAL D-3 WATERFRONT INDUSTRIAL * COMMUNITY Residential Facilities not Residential Facilities Residential Facilities not allowed. SUPPORT not allowed. allowed. FACILITY Community Residences and similar 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. City of Miami File ID: 8000 (Revision: A) Printed On: 5/13/2025 Home/Facilities not allowed. Assisted Living Facilities meeting Community Support Facility thresholds in Section 6.2 are allowed by Warrant and are subject to the following additional requirements: Each room shall not have more than two (2) residents. Minimum distance requirement of 3,000 feet between proposed facility and another existing facility. * *11 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 be effective ten (10) days after adoption hereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 11/6/2020 ndez, City Attor iey Jl 11/30/2020 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 File ID: 8000 (Revision: A) Printed On: 5/13/2025