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HomeMy WebLinkAboutPZAB (17436) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-25-019 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 17436 Final Action Date: 4/16/2025 A RESOLUTION OF THE CITY OF MIAMI PLANING, 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, BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," SECTION 3.14, TITLED "PUBLIC BENEFITS PROGRAM," TO EXCLUDE PROPERTIES LOCATED WITHIN OR ABUTTING THE COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3) FROM BEING ABLE TO UTILIZE T5-0 BONUS HEIGHT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, development projects located within certain transit corridors and comprising of a range of housing and price options contribute to the creation of compact, pedestrian- oriented, and mixed -use communities in accordance with the Miami 21 Code Guiding Principles; and WHEREAS, the Public Benefits Program in the Miami 21 Code allows bonus Building Height in exchange for a developer contribution to specified programs that provide benefits to the public and the neighborhood; and WHEREAS, the Public Benefits program for the "T5," Urban Center Transect Zones, currently excludes properties that are located within or Abutting the Neighborhood Conservation District ("NCD") of Coral Gate (NCD-1), Village West Island District and Charles Avenue (NCD-2), and the Single -Family Residential District of the Coconut Grove Neighborhood Conservation District (NCD-3); and WHEREAS, an amendment is necessary to exclude the entirety of the Coconut Grove Neighborhood Conservation District (NCD-3) from the "T5" Urban Center Transect Zone, Public Benefits Program to conserve the special characteristics of the neighborhood; and WHEREAS, consideration has been given to the relationship of this proposed amendment to the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), with appropriate consideration as to whether the City of Miami Page 1 of 3 File ID: 17436 (Revision:) Printed On: 4/24/2025 proposed change will further the goals, objectives and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, consideration has been given to the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; and WHEREAS, after careful consideration of this matter, it is deemed advisable and in the best interest of the general welfare of the City and its inhabitants 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 and incorporated as if fully set forth in this Section. Section 2. Article 3 of the Miami 21 Code is hereby further amended in the following particulars:1 "MIAMI 21 CODE 3.14 PUBLIC BENEFITS PROGRAM The intent of the Public Benefits Program established in this section is to allow bonus Building Height in T5 and T6 Zones, bonus FLR in T6 Zones, and bonus Building Height in D1 Zones, subject to certain conditions, in exchange for the developer's contribution to specified programs that provide benefits to the public. 3.14.1 The bonus Height and FLR shall be permitted if the proposed Development contributes toward the specified public benefits, neighborhood enhancements, and/or Affordable/Workforce Housing above that which is otherwise required by this Code, in the amount and in the manner as set forth herein. T5 bonus Height 1. The bonus Height shall only be available to properties in a T5 Transect Zone that are not located within or Abutting the Neighborhood Conservation District (NCD) of Coral Gate (NCD-1), Village West Island District and Charles Avenue (NCD-2), 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 unchanaed material. City of Miami Page 2 of 3 File ID: 17436 (Revision:) Printed On: 4/24/2025 or Single_Famil„ Residential District of the Coconut Grove Neighborhood Conservation District (NCD-3), and satisfy one or more of the following circumstances: a. T5-O site within a TOD not Abutting a T3 Transect Zone; or b. T5-O site within a TOD Abutting a T3 Transect Zone shall be by process of Exception with City Commission approval; or c. T5-O lots assembled and platted prior to Miami 21 that are more than 200,000 square feet shall be by process of Exception with City Commission approval; or d. T5 site that Abuts a D1 Transect Zone except when Abutting a T3 Transect Zone; or e. T5-O site within an Opportunity Zone and within a TOD or a quarter (1/4) mile of a Transit Corridor, but not Abutting a T3 Transect Zone; or f. T5-O site located within one of the following Transit Corridors: i. NW 7th Avenue ii. Biscayne Boulevard Section 4. It is the intention that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, 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. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. 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. Reviewed and Approved: ow avid @Kr 4/20/2025 City of Miami Page 3 of 3 File ID: 17436 (Revision:) Printed On: 4/24/2025