HomeMy WebLinkAboutSubstitution Memo From City AttorneyCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Victoria Mendez, City Attorne?% 7t for
DATE: May 23, 2023
RE: May 25, 2023, City Commission Meeting Agenda — Substitution of PZ.7 —
Zoning Text - Education Uses By Right
File No. 13775
Item PZ.7, scheduled on the May 25, 2023, City Commission agenda, is being
substituted to update the boundaries of the Downtown Miami Area in which Educational
Uses within the T6 Transect Zone are proposed be allowed By Right, to modify the
distance from T3 Transect Zones to no less than 500 feet, and to direct the City Manager
to place a discussion item on a City Commission agenda six (6) months after adoption of
the ordinance.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/ALK
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City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 13775 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, ("MIAMI 21 CODE") SPECIFICALLY BY AMENDING ARTICLE 4,
TABLE 3, TITLED "BUILDING FUNCTION: USES", AND ARTICLE 6, TITLED
"SUPPLEMENTAL REGULATIONS", TO ALLOW EDUCATIONAL USES BY
RIGHT IN T6 TRANSECT ZONE IN CERTAIN CIRCUMSTANCES; DIRECTING
THE CITY MANAGER TO PLACE A DICUSSION ITEM ON A CITY COMMISSION
AGENDA TO REVIEW THE ORDINANCE SIX (6) MONTHS AFTER ADOPTION;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Mayor Francis X. Suarez
WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted by the Miami City
Commission as the City of Miami's ("City") Zoning Ordinance, as amended ("Miami 21 gCode2;
and
t
WHEREAS, Article 4, Table 3 of the Miami 21 Code currently allows Educatic Uses ink
the T6 Transect Zone by Exception, by Warrant, or By Right depending on the specific-Vseid H
the specific zoning designation within the T6 Transect Zone; and p� c� Fri
i
_ 2 'V
WHEREAS, Article 4, Table 3, does not allow some specifical Educational Us sJn tFieP1
T6 Transect Zone depending on the specific zoning designation; and `n .�
r—
rn ,fi-
WHEREAS, the City Commission is desirous of allowing Educational Uses on p opeRies
zoned T6 By Right if the property is two hundred feet (200') from a T3 Transect Zone; and
WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") objectives and
policies support this amendment, including Objective EDU-1.3, Policy EDU-1.3.1, Objective
EDU-1.5, and Policy EDU-1.7.2; and
WHEREAS, Objective EDU-1.3 of the MCNP establishes an objective to "obtain suitable
sites for the development and expansion of public education facilities"; and
WHEREAS, Policy EDU-1.3.1 of the MCNP provides that "[i]n the selection of sites for
future educational facility development, the City encourages the Miami -Dade County Public
Schools to consider whether a school is in close proximity to residential areas and is in a
location that would provide a logical focal point for community activities"; and
WHEREAS, Objective EDU-1.5 of the MCNP establishes an objective to "[c]ontinue to
develop programs and opportunities to bring the schools and community closer together"; and
WHEREAS, Policy EDU-1.7.2 of the MCNP provides that "[t]he location of future
educational facilities should occur where capacity of other public facilities and services is
available to accommodate the infrastructure needs of the educational facility"; and
City of Miami File ID: 13775 (Revision:) Printed On: 5/18/2023
WHEREAS, the downtown core of the City of Miami ("City") is growing at a rapid rate,
and schools are needed in the area; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB"), at its meeting on April
19, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-045 by a
vote of eight to zero (8 — 0), Item No. PZAB. 10, recommending approval of the proposed
amendment to the Miami 21 Code; and
WHEREAS, the City Commission has considered whether the proposed amendment will
further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City
regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed amendment to the Miami 21 Code, including changed or changing conditions that
make the passage of the proposed amendment to the Miami 21 Code necessary;
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 further amended by amending Article 4, Tabs 3 in
following particulars.' "Ti
"ARTICLE 4. STANDARDS AND TABLES `—'cp ▪ _
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TABLE 3. BUILDING FUNCTIONS: USES
EDUCATIONAL
CHILDCARE
COLLEGE /
UNIVERSITY
ELEMENTARY
SCHOOL
LEARNING
CENTER
MIDDLE / HIGH
SCHOOL
PRE-SCHOOL
T3 T T
4 5
T6 C
SUBURBA URBAN URBAN URBAN
N GENERAL CENTER CORE
0 0 0
1111 Ell 1111 MI
E
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E
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E
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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.
City of Miami
File ID: 13775 (Revision:) Printed On: 5/18/2023
RESEARCH
FACILITY
SPECIAL
TRAINING /
VOCATIONAL _
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***** Educational Uses may be allowed By -Right if the requirements are met in Article 6, titled
Supplemental Regulations
Section 2. The Miami 21 Code is further amended by amending Article 6 in the
following particulars.2
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.3.7 Educational Uses in the Downtown Miami Area
The purpose and intent of these regulations are to permit all Educational Uses within the T6
Transect Zone in the Downtown Miami Area By Right in order to encourage educational facility
opportunities in close proximity to the City's core.
a. Boundary. Downtown Miami Area is defined as all T6 Transect Zone properties that lie
within the boundaries of west of Biscayne Bay, south of Northeast 24th Street, east of
Biscayne Boulevard until 395, then east of 95 until West Flagler Street, then east of the
Miami River; or south of the Miami River, east of 95 to the Metromover line, Northwest of
the Metromover line to Southeast 15th Road then north of Southeast 15th Road with
Biscayne Bay to the east, except for the properties fronting Biscayne Bay Drive; or
located at 888 MacArthur Causeway; specifically excluding all T6 Transect Zone
properties within a 500-foot walking distance as measured by a surveyor from edge of
the property to the closest T3 Transect Zone property.
b. Permitting and Criteria. All new Educational Uses shall submit to the Planning
Department for review and confirmation of compliance with the following standrd end
criteria: .-' o
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(1) Total size of the site and Floor Area of the proposed Educational Use; ant
(2) Maximum number of students; and `' --c ill
o �! ry c)
(3) Number of teachers and administrative and clerical personnel; and -nr;1 co 71
(4) Number of classrooms and total square footage of classroom space; and- -1, ,�
_(5) Total square footage of non -classroom space; and a-< -i Fri
(6) Amount of exterior recreational/play area in square footage; and C' s '�'
r ••
(7) Number and type of vehicles that will be used in conjunction with the operation f the
facility; and
(8) Number of parking spaces provided for staff, visitors, and transportation vehicles,
and justification that those spaces are sufficient for this facility; and
(9) Grades or age groups that will be served; and
(10) Days and hours of operations; and
(11) Means of compliance with requirements of Miami -Dade County regulations, and any
state and federal guidelines and regulations applicable to the specific application; and
(12) Compliance with Chapter 62 City of Miami Traffic regulations; and
2 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.
City of Miami File ID: 13775 (Revision:) Printed On: 5/18/2023
(13) Compliance with all other provisions for Educational Uses in Miami 21 regarding the
design, outdoor space, and other features as may be required.
*
*„
Section 3. The City Manager is directed to place a discussion item on a City
Commission agenda to review this Ordinance six (6) months after adoption.
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance should not be
affected.
Section 5. 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 6. This Ordinance shall become effective ten (10) days after final reading
and adoption thereof.3
VI £Z ail EZO1
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3 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
rerein. whichever is later.
City of Miami File ID: 13775 (Revision:) Printed On: 5/18/2023
City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 13775 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") SPECIFICALLY BY
AMENDING ARTICLE 4, TABLE 3, TITLED "BUILDING FUNCTION:
USES", AND ARTICLE 6, TITLED "SUPPLEMENTAL REGULATIONS", TO
ALLOW EDUCATIONAL USES BY RIGHT IN T6 TRANSECT ZONE IN
CERTAIN CIRCUMSTANCES; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted by the Miami City
Commission as the City of Miami's ("City") Zoning Ordinance, as amended ("Miami 21 Code");
and
WHEREAS, Article 4, Table 3 of the Miami 21 Code currently allows Educational Uses in
the T6 Transect Zone by Exception, by Warrant, or By Right depending on the specific Use and
the specific zoning designation within the T6 Transect Zone; and
WHEREAS, Article 4, Table 3, does not allow some specifical Educational Uses in the
T6 Transect Zone depending on the specific zoning designation; and
WHEREAS, the City Commission is desirous of allowing Educational Uses on properties
zoned T6 By Right if the property is two hundred feet (200') from a T3 Transect Zone; and
WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") objectives and
policies support this amendment, including Objective EDU-1.3, Policy EDU-1.3.1, Objective
EDU-1.5, and Policy EDU-1.7.2; and
WHEREAS, Objective EDU-1.3 of the MCNP establishes an objective to "obtain suitable
sites for the development and expansion of public education facilities" and
WHEREAS, Policy EDU-1.3.1 of the MCNP provides that "[i]n the selection of sites for
future educational facility development, the City encourages the Miami -Dade County Public
Schools to consider whether a school is in close proximity to residential areas and is in a
location that would provide a logical focal point for community activities"; and
WHEREAS, Objective EDU-1.5 of the MCNP establishes an objective to "[c]ontinue to
develop programs and opportunities to bring the schools and community closer together"; and
WHEREAS, Policy EDU-1.7.2 of the MCNP provides that "[t]he location of future
educational facilities should occur where capacity of other public facilities and services is
available to accommodate the infrastructure needs of the educational facility"; and
City of Miami File ID: 13775 (Revision:) Printed On: 5/16/2023
WHEREAS, the downtown core of the City of Miami ("City") is growing at a rapid rate,
and schools are needed in the area; and
WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB"), at its meeting on April
19, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-045 by a
vote of eight to zero (8 — 0), Item No. PZAB. 10, recommending approval of the proposed
amendment to the Miami 21 Code; and
WHEREAS, the City Commission has considered whether the proposed amendment will
further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City
regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed amendment to the Miami 21 Code, including changed or changing conditions that
make the passage of the proposed amendment to the Miami 21 Code necessary;
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 further amended by amending Article 4, Table 3 in the
following particulars)
"ARTICLE 4. STANDARDS AND TABLES
TABLE 3. BUILDING FUNCTIONS: USES
T3 T
EDUCATIONAL
CHILDCARE
COLLEGE /
UNIVERSITY
ELEMENTARY
SCHOOL
LEARNING
CENTER
MIDDLE / HIGH
SCHOOL
PRE-SCHOOL
*
T T6
4 5
SUBURBA URBAN URBAN URBAN
N GENERAL CENTER CORE
E
E
E
E
E
E
E
E
E
E
W
W
E
E
E
E
E
E
E
E
E
0
kill Ell
E
W
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W
E
W
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0
C D
CIVIC DISTRICTS
BIN
W
W
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*****
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*****
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W
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*****
*****
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R
CI-
HD
E
E
E
E
E
E
E
E
D2
E
E
E
E
E
E
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.
City of Miami
File ID: 13775 (Revision:) Printed On: 5/16/2023
RESEARCH
FACILITY
SPECIAL
TRAINING /
VOCATIONAL
E
w
w
*****
*****
*****
*****
R
*****
R
*****
*****
w
w
*****
*****
E
E
w
w
***** Educational Uses may be allowed By -Right if the requirements are met in Article 6, titled
Supplemental Regulations
*II
Section 2. The Miami 21 Code is further amended by amending Article 6 in the
following particulars.2
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.3.7 Educational Uses in the Downtown Miami Area
The purpose and intent of these regulations are to permit all Educational Uses within the T6
Transect Zone in the Downtown Miami Area By Right in order to encourage educational facility
opportunities in close proximity to the City's core.
a. Boundary. Downtown Miami Area is defined as all T6 Transect Zone properties East of I-
95 to Biscayne Bay, South of the 1-195, North of 26th Road, specifically, excluding all T6
Transect Zone properties within a 200-foot walking distance as measured by a surveyor
from edge of the property to the closest T3 Transect Zone property.
b. Permitting and Criteria. All new Educational Uses shall submit to the Planning
Department for review and confirmation of compliance with the following standards and
criteria:
(1) Total size of the site and Floor Area of the proposed Educational Use; and
(2) Maximum number of students; and
(3) Number of teachers and administrative and clerical personnel; and
(4) Number of classrooms and total square footage of classroom space; and
(5) Total square footage of non -classroom space; and
(6) Amount of exterior recreational/play area in square footage; and
(7) Number and type of vehicles that will be used in conjunction with the operation of the
facility; and
(8) Number of parking spaces provided for staff, visitors, and transportation vehicles,
and justification that those spaces are sufficient for this facility; and
(9) Grades or age groups that will be served; and
(10) Days and hours of operations; and
(11) Means of compliance with requirements of Miami -Dade County regulations, and any
state and federal guidelines and regulations applicable to the specific application; and
(12) Compliance with Chapter 62 City of Miami Traffic regulations; and
(13) Compliance with all other provisions for Educational Uses in Miami 21 regarding the
design, outdoor space, and other features as may be required.
*)1
2 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
unchanaed material.
City of Miami File ID: 13775 (Revision:) Printed On: 5/16/2023
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 should 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 ten (10) days after final reading
and adoption thereof.3
APPROVED AS TO FORM AND CORRECTNESS:
3 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: 13775 (Revision:) Printed On: 5/16/2023