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HomeMy WebLinkAboutPZAB (16909) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-085 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 16909 Date Rendered: 12/04/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, RECOMMENDING DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO ALLOW INCREASED HEIGHT FOR SOLID WOODEN FENCES IN THE FIRST LAYER FOR PROPERTIES IN THE "T3," SUB -URBAN TRANSECT ZONE; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the Miami City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, the Miami 21 Code provides that Fences and walls may be located up to and including the Frontage Line in "T3," Sub -Urban Transect Zone, but limits the height of Fences and walls to four (4) feet within the First Layer, except aluminum or iron picket and post Fences with or without masonry posts shall not exceed six (6) feet; and within the Second and Third Layers, fences and walls shall not exceed eight (8) feet; and WHEREAS, this Miami 21 Code text amendment would allow solid wooden Fences along the Frontage Line of the property in the "T3," Sub -Urban Transect Zone to be six (6) feet in height, while maintaining the eight (8) foot height limitation in the Second and Third Layers; and allow City of Miami ("City") residents an opportunity for additional privacy of their home; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered whether the proposed text amendments will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City of Miami regulations; and WHEREAS, the PZAB has considered the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Date Rendered: 12/04/2024 City of Miami Page 1 of 2 File ID: 16909 (Revision:) Printed On: 12/4/2024 Section 2. It is recommended that the City Commission deny an ordinance amending Article 5 of the Miami 21 Code in the following particulars:1 "ARTICLE 5. SPECIFIC TO ZONES 5.3 SUB -URBAN TRANSECT ZONES (T3) 5.3.2 Building Configuration (T3) * * * h. Fences and walls may be located up to and including the Frontage Line to the following maximum Height. Height of fences and walls shall not exceed four (4) feet within the First Layer, except solid wooden Fences and aluminum or iron picket and post Fences with or without masonry posts shall not exceed six (6) feet. Within the Second and Third Layers, Fences and walls shall not exceed eight (8) feet. *„ 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: 16909 (Revision:) Printed On: 12/4/2024