HomeMy WebLinkAboutPZAB (19081) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-26-021
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 19081 Date Rendered: 4/22/2026
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD,
RECOMMENDING TO THE MIAMI CITY COMMISSION APPROVAL OF AN
ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, THE ZONING CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
("MIAMI 21 CODE") BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES,"
SECTION 3.3.1, TO CLARIFY WHEN LOTS MAY MEET AN EXEMPTION FROM LOT
SIZE RESTRICTIONS; 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, which has been amended from
time to time ("Miami 21 Code"); and
WHEREAS, the City finds that, over time, properties within the City have been
developed and conveyed based on a variety of historic platting and assemblage patterns,
including platted Lots, multi -Lot assemblages, and development sites comprised of multiple Lots
held together for development purposes; and
WHEREAS, the Miami 21 Code contains minimum and maximum Lot size requirements
and related development site standards intended to promote orderly development patterns
consistent with the City's Comprehensive Neighborhood Plan; and
WHEREAS, it is further found that certain property owners may possess vested rights
associated with historic Lot assemblages, platted Lots, and/or reliance on City actions
recognizing lawful development sites and/or unified development parcels; and
WHEREAS, it is further found that the City has, in certain instances, recognized Lots as
having been assembled for development purposes through recorded instruments including
Unities of Title and/or Covenants in Lieu of Unity of Title, and that such recognition has been
relied upon for development planning; and
WHEREAS, the City desires to clarify the circumstances under which Lots may meet an
exemption from the lot size restrictions in the Miami 21 Code in order to improve predictability in
administration, ensure consistent treatment of similarly situated properties, and reduce
unnecessary procedural disputes; 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, with appropriate consideration as to whether the proposed change will further the goals,
Date Rendered: 4/22/2026
City of Miami Page 1 of 4 File ID: 19081 (Revision:) Printed On: 4/22/2026
objectives, and policies of the Miami Comprehensive Neighborhood Plan, 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 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 and incorporated as if fully set forth in this Section.
Section 2. It is recommended that Article 3 of the Miami 21 Code is hereby further
amended in the following particulars':
"ARTICLE 3. GENERAL TO ZONES
3.3 LOTS AND FRONTAGES
3.3.1
Lots assembled into one (1) ownership within one (1) Transect Zone may be developed as a
single Lot. Lots assembled into one (1) ownership that encompass more than one (1) Transect
Zone shall be developed according to the corresponding Transect regulation for each Lot,
except as described in Section 3.6.1(e). In such cases, there shall be no transfer of Density or
Intensity of Development Capacity between Transect Zones, except if the Lots are assigned
equal Densities, Density may be transferred across the Transect boundary. Lots under the
same or different ownership that are participating in the Historic Preservation Transfer of
Development Density program established in Chapter 23 of the City Code may transfer Density
from historically designated properties or certain non-contributing resources to TOD areas,
subject to compliance with all applicable regulations. Where Lots are assembled into one (1)
ownership, the side or rear Setbacks sharing the Property Line may be eliminated. Lot assembly
shall require a Unity -of -Title or Covenant in Lieu of Unity of Title, acceptable to the City
Attorney, in accordance with Section 7.1.7. Contiguous Lots in one (1) ownership, properties
platted as a single Lot, properties subject to a City approved Entitlement, or property subject to
a City approved Unity of Title or City approved Covenant in Lieu of Unity of Title in accordance
with Section 7.1.7 as of the effective date of this Code, properties platted as a single Lot,
properties subject to a City approved Entitlement, or properties subject to a City approved Unity
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
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of Title or City approved Covenant in Lieu of Unity of Title in accordance with Section 7.1.7, may
be developed as one (1) Lot in excess of the maximum Lot size.
In addition, for development within the Southeast Overtown Park West Community
Redevelopment Agency (SEOPW CRA) area, contiguous Lots under common ownership or
assembled via a covenant in lieu of Unity of Title for one (1) or more Buildings may exceed
maximum Lot Area (Lot Size) for Uses that serve the neighborhood and upon determination of
compliance with neighborhood compatibility performance criteria set forth below:
a. The development is located within the SEOPW CRA area of a) the Overtown Cultural
and Entertainment District or b) the Overtown Culmer Community identified within the
SEOPW CRA Redevelopment Plan;
b. The development project accomplishes a minimum of one (1) Goal from each of the
fourteen (14) Guiding Principles within the SEOPW CRA Redevelopment Plan;
c. Building Facades on Primary and Secondary Frontages shall emphasize activated
ground floor Habitable Space and incorporate facade treatments that are compatible
with the neighborhood character and implement variations in facades through art, glass,
or architectural treatments and materials of a design approved by the Planning Director
with the recommendation of the UDRB;
d. Provides for native species street trees within the verge with a DBH of 25% above the
typical standards required by a Street Tree Master Plan and Chapter 17 of the City
Code;
e. When required, the Cross -Block Pedestrian Passage, shall be at least fifty percent
(50%) open to the sky, which connects at least two (2) Thoroughfares, or which is
aligned so as to connect with another Cross -Block Pedestrian Passage across a
Thoroughfare to the subject property, and is publicly accessible 24-hours a day or
reduced hours by process of Waiver; and
f. Public benefit contribution provided pursuant to Section 3.14 of this Code within the
SEOPW CRA shall be allocated to the Parks and Open Spaces Trust Fund for the 1-395
Underdeck Open Space development."
*„
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. It is intended 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 Resolution shall become effective immediately upon adoption thereof.
Reviewed and Approved:
City of Miami Page 3 of 4 File ID: 19081 (Revision:) Printed On: 4/22/2026
Planning Director — David Snow
City of Miami Page 4 of 4 File ID: 19081 (Revision:) Printed On: 4/22/2026