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 Attorney GKW III
DATE: January 3, 2023
RE: January 11, 2023, Commission Meeting Agenda — Substitution of PZ. 9 —
Amendment to Ordinance No. 13114, the Zoning Ordinance of the City
Miami, Florida, as amended ("Miami 21 Code"), Section 5.5.2.k, T5 Fences
and Walls
File No. 15125
Item PZ 9 on January 11, 2023, proposes to amend Section 5.5.2 of the Miami 21
Code, tilted "Building Configuration (T5)," to allow for fences and walls in the first layer
for uses that solely serve needs of neighborhood children and are affiliated with an
abutting approved rescue missions. After first reading, the item was heard by the
Planning Zoning and Appeal Board ("PZAB") on December 27, 2023." The PZAB
recommended that additional language be added to provide enhancements to mitigate and
harmonize the added fence or wall height with the facility and neighborhood character.
The item is being substituted with the attached to reflect the PZAB recommendations.
cc. Arthur Noriega V, City Manager
Miriam Santana, Agenda Coordinator
VM/RSGD
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City of Miami
City Hall
3500 Pan American Drive
Ordinance Miami, FL 33133
www.miamigov.com
Legislation
File Number: 15125 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 5, SECTION 5.5.2.k.,
TITLED "SPECIFICS TO ZONES/URBAN CENTER TRANSECT ZONES
(T5)/BUILDING CONFIGURATION (T5)," TO ALLOW FOR FENCES AND WALLS IN
THE FIRST LAYER FOR USES THAT SOLELY SERVE NEEDS OF NEIGHBORHOOD
CHILDREN AND ARE AFFILIATED WITH AN ABUTTING APPROVED RESCUE
MISSION; AND AMENDING ARTICLE 10, SECTION 10.3.7, TITLED "SPECIAL SIGN
PACKAGE," TO PROVIDE FOR A SPECIAL SIGN PACKAGE FOR BUILDINGS THAT
SOLELY SERVE THE NEEDS OF NEIGHBORHOOD CHILDREN AND ARE
AFFILIATED WITH AN ABUTTING APPROVED RESCUE MISSION; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
IMMEDIATE EFFECTIVE DATE.
SPONSOR(S): Commissioner Christine King
WHEREAS, services solely serving needs of neighborhood children are desirable
resources, which help alleviate unaddressed needs in the community; and
WHEREAS, the current required placement of fences and walls in the Second and Third
Layers do not address the actual safety needs coupled with benefits of using outdoor space for
uses that serve the needs of neighborhood children that are affiliated with abutting approved
Rescue Mission; and
WHEREAS, the signage requirements do not permit for visible and effective
informational signs necessary to address the needs of uses that serve neighborhood children
that are affiliated with an abutting approved Rescue Mission; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting
December 20,2023, following an advertised public hearing, adopted resolution no. PgAB-Ft23-
124, by a vote of seven to zero (7-0), item no. PZAB. 8, recommending approval o1# 'zo ig 7
text change; and rn
WHEREAS, the City Commission has considered whether the proposed t �ahiendment,
stated herein will further the goals, objectives, and policies of the Miami Comprehinulve .0
Neighborhood Plan ("MCNP"), Ordinance No. 13114, the Zoning Ordinance of they ottAiliamni
Florida, as amended ("Miami 21 Code"), and other City of Miami ("City") regulations ands.
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WHEREAS, the City Commission has considered the need and justification'or the
proposed amended stated herein, including changed or changing conditions that make the
passage of this ordinance necessary; and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to amend the Miami 21 Code for the purpose stated herein;
City of Miami Page 1 of 3 File ID: 15125 (Revision: B) Printed On: 1/3/2024
File ID: 15125 Enactment Number:
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. Article 5, Section 5.5.2.k of the Miami 21 Code is amended in the following
particulars:'
"MIAMI 21 CODE
ARTICLE 5. SPECIFIC TO ZONES
5.5 Urban Center Transect Zones (T5)
* * *
5.5.2 Building Configuration (T5)
k. Within the Second and Third Layers, fences and walls shall not exceed a Height of eight (8)
feet. Existing or permitted Single -Family Residences and Two -Family Housing as of the
effective date of this amendment to the Miami 21 Code may utilize the standards applicable to
fences and walls in the T3 Transect Zone provided that such Use is the only Use on the Lot and
that any such fence and wall erected or maintained pursuant to this subsection be removed
upon any other change of Use. Notwithstanding the above, fences and walls not exceeding a
height of eight (8) feet, may be located within the First Laver in connection with Uses that solely
serve needs of neighborhood children and are affiliated with an abutting approved Rescue
Mission provided said fences and walls be designed with architectural treatment and
landscaping that mitigates and enhances their appearance: harmonizes with the architecture of
the facility and neighborhood character: and complies with Article 4, Table 12 Design Review
Criteria, as applicable
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Section 3. Article 10, Section 10.3.7 of the Miami 21 Code is amended in thqJowig Xi
particulars: =o x�• m
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"MIAMI 21 CODE o
* * * _ r�
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ARTICLE 10. SIGN REGULATIONS ��-- 4- CO
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* * * at
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 Page 2 of 3 File ID: 15125 (Revision: B) Printed on: 1/3/2024
File ID: 15125 Enactment Number:
10.3 Supplemental Sign Regulations
10.3.7 Special Sign Package
The purpose of a Special Sign Package is to allow greater flexibility in Sign regulations to result
in a higher or specialized quality design for f buildings exceeding 200,000 square feet of
commercial or office gross leasable Building Floor Area, La mixed use developments over four
(4) stories (excluding residential uses), 1E entertainment establishments and Civil Support Uses
exceeding 200,000 square feet of Building Floor Area,fly).and buildings that solely serve the
needs of neighborhood children and are affiliated with an abutting approved Rescue Mission to
It is
important that Sign designs preserve the characteristics of the surrounding community and
create a Sign package that will contribute to the character of the area. Specific Sign standards
may be exceeded for various Sign types with the exception that the total Aggregate Area is not
exceeded. Comprehensive signage proposals for Special Sign Package may only be permitted
by Warrant. Aggregate Areas that exceed Table 15 Sign Design Standards may be permitted
only by Exception.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provision of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
81 :6 WV h NV htoZ
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.
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City of Miami Page 3 of 3 File ID: 15125 (Revision: B) Printed on: 1/3/2024