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HomeMy WebLinkAboutPZAB 11-5-14 Supporting DocumentationFile ID: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-01075zt Quasi -Judicial PZAB.9 Title: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVALOR DENIAL 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 NONCONFORM ITIES" TO MODIFY PARKING REQUIREMENTS FOR ADAPTIVE USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Applicant(s): Daniel J. Alfonso, City Manager, on behalf of the City of Miami. 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 Purpose: 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. Finding(s): Planning & Zoning: Recommended approval. See supporting documentation. Planning, Zoning and Appeals Board: November 5, 2014. City of Miami IAC&4A ,Alto @..N Legislation PZAB Resolution File Number: 14-01075zt City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, TO AMEND ORDINANCE NO.13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BYAMENDING ARTICLE 7 "PROCEDURES AND NONCONFORMITIES" TO MODIFY PARKING REQUIREMENTS FORADAPTIVE USES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: 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: City of Miami Page 1 of 3 File Id. 14-01075zt (Version: 1) Printed On: 1012212014 File Number: 14-01075zt Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordiance 13114, the Zoning Ordiance of the City of Miami, Florida, is hereby amended by making modifications to Article 7 in the following particulars {1): "ARTICLE 7 PROCEDURES AND NONCONFORMITIES 7.2 NONCONFORMITIES: STRUCTURES; USES; LOTS; SITE IMPROVEMENTS; AND SIGNS 7.2.8 NONCONFORMING SITE IMPROVEMENTS b. Where existing Off-street Parking faGi'i+e is nonconforming to the requirements of this Code or any other city standards, the restoration or rehabilitation of an existing Building or adaptive Use to any permitted Use in the Transect Zone shall not require the provision of additional parking or on-site storm water retention or detention except to the extent required by applicable state or federal law. Existing nonconforming Buildings which are being rehabilitated or restored and that will continue to exist shall have vested Parking rights where no additional parking shall be required. Modifications to the Building resulting in an increase of Floor Area shall require additional parking based on Use and Floor Area for the increment only, as set forth in Article 4 Table 4. No modifications may be permitted which increase the degree of the existing nonconformity. Modifications to the faGili+;oma may be approved by Waiver, and the Waiver may be conditioned on safeguards that reduce the degree of 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 declared 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 "section", "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} REVIEWED AND APPROVED OFFICE OF THE CITYATTORNEY: City of Miami Page 2 of 3 File Id: 14-01075zt (Version: 1) Printed On: 1012212014 File Number: 14-01075zt Initial Date 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. City of Miami Page 3 of 3 File Id. 14-01075zt (Versioie: 1) Printed Oiz: 1012212014