HomeMy WebLinkAboutPZAB (16536) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-066
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 16536 Date Rendered: 10/25/2024
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OF 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") MORE
SPECIFICALLY BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," TO
CLARIFY DENSITY AND INTENSITY CALCULATIONS INCLUSIVE OF RIGHT-OF-
WAY DEDICATIONS AND TO REQUIRE PROVISION OF A DEED AND A SURVEY
SHOWING RIGHT-OF-WAY DEDICATIONS SINCE THE LAST RECORDED PLAT;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the
Zoning Ordinance of the City of Miami, Florida, which has been amended from time to
time ("Miami 21 Code"); and
WHEREAS, the Code of the City of Miami, Florida, as amended, ("City Code")
requires at times the provision of Public Right -of -Way dedications during the building
permit process, including for new construction, change of use, and additions; and
WHEREAS, these Public Right -of -Way dedications are made via legal
instruments, such as deeds; and
WHEREAS, the proposed text amendment seeks to aid interpretation of Density
and Intensity calculations by allowing the utilization of Public Right -of -Way dedications
since the last recorded plat for Density and Intensity purposes; and
WHEREAS, the City of Miami ("City") Commission adopted its first zoning
ordinance on August 8, 1934; and
WHEREAS, consideration has been given to the need and justification for the
proposed text amendment, including changed and changing conditions that make the
passage of the proposed text amendment necessary; 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;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING
AND APPEALS BOARD:
Section 1. The recitals and findings contained in the Preamble to this Resolution
Date Rendered: 10/25/2024
City of Miami Page 1 of 2 File ID: 16536 (Revision:) Printed On: 10/25/2024
are adopted and incorporated as if fully set forth in this Section.
Section 2. It is recommended to the Miami City Commission that Ordinance No.
13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code")
is amended by making modifications to Article 3 in the following particulars''-:
"ARTICLE 3: GENERAL TO ZONES
3.4 DENSITY AND INTENSITY CALCULATIONS
3.4.1
Lot Area, inclusive of any dedications for Right -of -Way purposes since the last recorded plat,
but no earlier than August 8, 1934 +&shall be used for purposes of Density and Intensity
calculation. Evidence in the form of a deed (i.e. Right -of -Way, warranty or other deed) and a
survey showing that said dedication for Right -of -Way purposes was granted after August 8,
1934 shall be provided to the Office of Zoning."
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of
this Resolution is declared invalid, the remaining provisions of this Resolution shall not be
affected.
Section 4. This Resolution shall become effective immediately upon its
adoption.
Reviewed and Approved:
David Snow
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 Page 2 of 2 File ID: 16536 (Revision:) Printed On: 10/25/2024