The URL can be used to link to this page

Home My WebLink About12-11-14 PZAB Resolutionl` 9 Miami Planning, Zoning and Appeals Board ;=0 MUOTIMFICI File ID 14-01075zt November 5, 2014 Item PZAB.9 Mr. Juvenal Pina offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL WITH MODIFICATIONS OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, TO AMEND ORDINANCE NO.13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 7 "PROCEDURES AND NONCONFORMITIES" TO MODIFY PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Ms. Maria Beatriz Gutierrez, the motion passed by a vote of 7-0: Ms. Jennifer Ocana Barnes Mr. Chris Collins Ms. Maria Lievano-Cruz Mr. Charles A. Garavaglia Mr. Charles A. Gibson Ms. Maria Beatriz Gutierrez Dr. Ernest Martin Mr. Daniel Milian Mr. Juvenal Pina Ms. Melody L. Torrens Mr. Manuel J. Vadillo Mr, David H. Young �( Frandsco rcia, Director Planning` and Zoning Department STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Yes Yes Yes Yes Absent Yes Absent Absent Absent Absent Yes Yes )I ) 7 Lq- ExecultioR Dat Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS ") DAY OF 2014. \4aL55C, "_wt i t I b IA�. & Print Notary Name 1Notary Put5lic State of Florida Personally know or Produced I.D. My Commission Expires: Type and number of I.D. produced Did take an oath or Did not take an oath VANESSA TRUJILLO i MY COMMISSION # EE 105250 _,qi Rr SnntlEXPIRES: July 11, 2015 'SIF, ad Thra Notary Public Underwriter-, i; . .. ....... City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 Legislation www.miamigov.com PZAB Resolution File Number: 1.4-01075A A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, TO AMEND ORDINANCE NO.1 3114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BYAMENDING ARTICLE 7 "PROCEDURES AND NONCON FORM ITI ES" TO MODIFY PARKING REQUIREMENTS FORADAPTIVE USES; CONTAINING ASEVERABILITY CLAUSE; AND PROVIDING FORAN EFFECTIVE DaTE. UM Mie #7M- FINDING(S): PLANNING DEPARTMENT: Recommended approval, PSIRPOSE: This will allow non -conforming Buildings with less than the required on-site parking or no parking to continue to exist with vested rights while emphasizing the intent of the Miami 21 Code to promote rehabilitation, restoration, and adaptive uses on existing Buildings. WHEREAS, the Miami Planning Advisory Board, at its meeting on November 5, 2014, Item No. PZAB.9, following an advertised public hearing, adopted Resolution No. PZAB _ by a vote of - to - (-), recommended the adoption of this item to the City of Miami City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ordinance 13114 as the City of Miami's Zoning Ordinance; and WHEREAS, the intent of the Code is to promote the rehabilitation, restoration, and adaptive uses on existing Buildings; and WHEREAS, the intent of the Code is to allow non -conforming Buildings with less than the required on-site parking or no parking to continue to exist with vested rights; and WHEREAS, it has been determined that Article 7 of the Zoning Ordinance needs to be corrected and updated to reflect the intent of the Code and provide clarification and accuracy; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its citizens to amend its Zoning Ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Citp cifAl and Page I of File Id: 14-01075zt (Version: 1) Printed On: 1012212014 File Number 14-01075zt M401201*19414101 E rM 11INFRIERR111VAMELOJI110 Section 2. Ordiance 13114, the Zoning Ordiance of the City of Miami, Florida, r amende#' by making modifications to Article 7 in the following particulars {11: b. Where existing Off-street Parking faGtiGs are is nonconforming to the requirements of th Code or any other city standards, the restoration or rehabilitation of an existing Building adaptive Use to any permitted Use in the Transect Zone shall not require the provision i. additional parking or on-site storm water retention or detention except to the extent require by applicable state or federal law. Existing nonconforming Buildings which are bein rehabilitated or restored and that will continue to exist shall have vested Parking rights whe no additional parking shall be required. Modifications to the Building resulting in an increase Floor Area shall require additional parking based on Use and Floor Area for the increme I only, as set forth in Article 4 Table 4. No modifications may be permitted which increase th degree of the existing nonconformity. Modifications te the faGilr may be approved Waiver, and i may be conditioned on safeguards that reduce the degree • nonconformity to the extent reasonably feasible in the circumstances of the case. Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is 4.eclared invalid, the remaining provisions of this Ordinance shall not be affected. Section 4. It is the intention of the City Commission 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 f1section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} REMO 'I I N 04 City qf'Hiand Page 2 of 3 File Id. 14-010 757f (Version: 1) Printed On: 1012212014 File Number: 14-01075zt 710M Footnotes: �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. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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, whichever is later. G )) qfmiaod Page 3 of 3 File,, 1d: 14-01075z.,2 M?rsioo: 1) Priwed Ow 1012212074