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Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, AS AMENDED, SPECIFICALLY BY AMENDING ARTICLE 7,
SECTION 7.1.2.8, ENTITLED "AMENDMENT TO MIAMI 21 CODE" TO
ADD RESTRICTIONS FOR PARTIES SEEKING REZONING
APPLICATIONS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami
PURPOSE: This will amend Article 7, Section 7.1.2.8 (c) of Miami 21 by adding language to
restrict persons or entities, such as the City of Miami, from joining rezoning applications made
by another person or entity.
FINDING(S):
PLANNING AND ZONING DEPARTMENT: Recommended approval
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on May 3, 2017, by a
vote of 10-0
City of Miami File ID: 2192 (Revision:) Printed On: 10/17/2017
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City of Miami
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Legislation
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Ordinance:13690
File Number: 2192
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 6/22/2017
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, AS AMENDED,
SPECIFICALLY BY AMENDING ARTICLE 7, SECTION 7.1.2.8, ENTITLED "AMENDMENT
TO MIAMI 21 CODE" TO ADD RESTRICTIONS FOR PARTIES SEEKING REZONING
APPLICATIONS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida was adopted as the City of Miami's ("City") Zoning Ordinance ("Miami 21
Code"); and
WHEREAS, Special Area Plans ("SAP") as established in Section 3.9 of the Miami 21
Code require such applications to go through a rezoning process as described in Section
7.1.2.8 of the Miami 21 Code; and
WHEREAS, the Miami 21 Code does not prohibit the City from joining an application to
aid in the redevelopment efforts of certain parcels that are adjacent to public properties; and
WHEREAS, in the past, the City has joined as a co -applicant for certain rezoning
applications and SAP applications; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on May 3,
2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-031 by a vote
of ten to zero (10-0), recommending approval of the amendment to the Miami 21 Code as set
forth; and
WHEREAS, the City Commission wishes to discontinue the practice of the City joining
rezoning applications and SAP applications; 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 and its citizens for the City
Commission to amend the Miami 21 Code as set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION 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.
Section 2. The Miami 21 Code is hereby be amended by making modifications to Article
7 in the following particulars:'
' 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 File ID: 2192 (Revision:) Printed On: 10/17/2017
" ARTICLE 7. AMENDMENT TO THE MIAMI 21 CODE
7.1.2.8. Amendment to Miami 21 Code
c. Applications for rezoning (Miami 21 Atlas amendment).
1. Except where the proposal for the rezoning of property involves an extension of an
existing Transect boundary, no rezoning of land shall be considered which involves
less than forty thousand (40,000) square feet of land area or two hundred (200) feet of
street Frontage on one (1) street. Applications for rezoning may be made by:
(a) The City Commission;
(b) The Planning, Zoning and Appeals Board;
(c) Any other department, board or agency of the City;
(d) Any person or entity other than those listed in (a) through (c), above, provided that
only the owner(s) or their agent(s) may apply for the rezoning of property -i
(e) Persons and entities listed in (a) through (c) shall not loin applications with persons
or entities listed in (d).
*„
Section 4. If any section, part of a section, paragraph, clause, phrase or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 5. It is the intention of the City Commission 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 6. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
Un ndeU ez, City Attor ey 5/1612017
2 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.
City of Miami File ID: 2192 (Revision:) Printed On: 10/17/2017