HomeMy WebLinkAboutO-13839City of Miami
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try Ordinance: 13839
File Number: 5118
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 4/25/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY
AMENDING ARTICLE 3, SECTION 3.9 OF THE MIAMI 21 CODE, TITLED
"SPECIAL AREA PLANS," TO PROHIBIT SPECIAL AREA PLANS IN 73," SUB-
URBAN TRANSECT ZONES; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Keon Hardemon, Mayor Francis X. Suarez,
Commissioner Ken Russell, Commissioner Manolo Reyes
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, as amended ("Miami 21 Code"); and
WHEREAS, Article 3, Section 3.9 of the Miami 21 Code permits and regulates Special
Area Plans ("SAP") within the City of Miami ("City"); and
WHEREAS, as described in Article 3, Section 3.9 of the Miami 21 Code, the purpose of
an SAP is to allow and encourage the assembly of parcels greater than nine (9) abutting acres
in size to be master planned to allow greater integration of public improvements and
infrastructure; to allow greater flexibility; to enable thoroughfare connectivity; to encourage a
variety of building heights, massing, and streetscape design; and to provide high quality design
elements within the SAP; and
WHEREAS, it has been determined that modifications to Article 3 of the Miami 21 Code
are required to provide clarity and guidance that further advances the intent of the Miami 21
Code; and
WHEREAS, there is a concern that inclusion of 73," Sub -Urban Transect Zone,
properties in SAPs will impact Single -Family and Low Density Neighborhoods; and
WHEREAS, the City Commission believes it is prudent to prohibit new applications for
SAPs from including 73," Sub -Urban Transect Zone, properties; and
WHEREAS, existing SAPs with 73," Sub -Urban Transect Zone, properties shall not be
affected by this amendment; and
WHEREAS, the Planning, Zoning and Appeals Board at its meeting on February 20,
2019, following an advertised public hearing, passed a resolution recommending approval of
Item No. PZAB.8, Resolution No. PZAB-R-19-009, by a vote of seven to zero (7-0) of the zoning
text change as proposed herein; and
City of Miami Page 1 of 3 File ID: 5118 (Revision: A) Printed On: 5/10/2019
File ID: 5118
Enactment Number: 13839
WHEREAS, the City Commission has considered whether the proposed change will
further the goals, objectives and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code, and other City regulations; and
WHEREAS, the City Commission has considered the need and justification for the
proposed change, including changed or changing conditions that make the passage of the
proposed change necessary; and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to amend the Miami 21 Code for the purposes stated herein;
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
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The City Commission amends Article 3, Section 3.9.1 of the Miami 21 Code,
titled "General to Zones/Special Area Plans/General," in the following particulars:'
"ARTICLE 3. GENERAL TO ZONES
3.9 SPECIAL AREA PLANS
3.9.1 General
a. The single or multiple owner(s) of Abutting properties in excess of nine (9) acres
may apply for a rezoning to a Special Area Plan.
b. A Special Area Plan shall be approved by the process of rezoning with or without
Transect changes. Properties designated as 73" — Sub -Urban Transect Zone
shall not be considered for a Special Area Plan.
A Special Area Plan shall assign Thoroughfares, Transect Zones and Civic
Space Types, with appropriate transitions to Abutting areas. Guidelines for
Thoroughfares and Public Frontages may be adjusted to the particular
circumstances of the Special Area Plan.
*„
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.
City of Miami Page 2 of 3 File ID: 5118 (Revision: A) Printed on: 5/10/2019
File ID: 5118
Enactment Number: 13839
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 Ordinance should not
be affected.
Section 4. This Ordinance shall become effective immediately upon its adoption.z
APPROVED AS TO FORM AND CORRECTNESS:
Una ndez, City Attor iey 411/2019
Z 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 Page 3 of 3 File ID: 5118 (Revision: A) Printed on: 5/10/2019