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HomeMy WebLinkAboutO-14051City of Miami l i , J'f Legislation Ordinance: 14051 File Number: 10770 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 2/10/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AMEND APPENDIX C — MIDTOWN OVERLAY DISTRICT, SECTION 627.1.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA", AND SECTION 627.1.7, TITLED "MAXIMUM HEIGHT, BUILD -TO, MINIMUM SETBACK AND USE REQUIREMENTS"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Jeffrey Watson WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the City of Miami's ("City") Zoning Ordinance ("Miami 21 Code"); and WHEREAS, on November 25, 2003, the City Commission adopted Ordinance No. 12447 creating the SD-27 Florida East Coast Railway (TEC") Corridor and subsequently adopted Ordinance No. 12688 on May 26, 2005, modifying the name as the Midtown Miami Special District ("District") and incorporated it into the Miami 21 Code as Appendix C; and WHEREAS, the District is of special and substantial public interest given its proximity to Downtown Miami, the Omni Area, the Design District, Miami Beach, the Wynwood Neighborhood, and to future proposed commuter transit facilities within the FEC Corridor; and WHEREAS, the objective of the District is to promote neighborhood redevelopment through medium to high -density mixed -use development and provide intensive new housing opportunities needed to sustain future commercial growth and commuter transit facilities; and WHEREAS, the District promotes the design of buildings as strategically located visual gateway structures by providing greater allowable height at strategic street intersections; and WHEREAS, the southwest corner of the intersection of Northeast 36 Street and Northeast 2 Avenue ("Gateway 1") is the only vacant site of three (3) such gateway sites; and WHEREAS, the Zoning Transects outside the District that abut the "Gateway 1" parcel are T6-12-0, "Urban Core -Open", to the north with a maximum height of twenty (20) stories, T6- 24A-0, "Urban Core -Open", to the northeast with a maximum height of forty-eight (48) stories, and T6-36A-0, "Urban Core -Open", to the east with a maximum height of sixty (60) stories; and WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on October 6, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-039 by a vote of seven to zero (7 - 0), Item No. PZAB.8, recommending approval of the Zoning Text Change as stated herein; and City of Miami Page 1 of 6 File ID: 10770 (Revision: A) Printed On: 212412022 File ID: 10770 Enactment Number: 14051 WHEREAS, the City Commission has considered the Planning Director's recommendations; and WHEREAS, the City Commission has conducted a public hearing on the Zoning Text Change as stated herein; and WHEREAS, the City Commission has considered whether the Zoning Text Change as stated herein will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the Zoning Text Change as stated herein, including changed or changing conditions that make the passage of the Zoning Text Change necessary; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and finding contained in the Preamble to this Ordinance are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Appendix C of the Miami 21 Code is hereby amended in the following particulars:' "APPENDIX C — MIDTOWN OVERLAY DISTRICT SD-27.1 Midtown Miami East Special District 627.1.6. Building Placement and buildable area. 6. Gateway Designations. As provided in Section 627, gateway sites shall be as follows: 4. Gateway 1: The SW corner of the intersection of NE 36th Street and NE 2nd Avenue; and Gateway 2: The SE corner of the intersection of NE 34th Street and NE 1 st Place. 627.1.7 Maximum height, Build -to, Minimum Setback and Use Requirements. TABLE INSET: 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 indicated omitted and unchanged material. City of Miami Page 2 of 6 File ID: 10770 (Revision: A) Printed on: 212412022 File ID: 10770 Enactment Number: 14051 SD 27.1 Maximum height, Build -to, Minimum Setback and Use Requirements Street/Classificatio Ground Floor Podium Tower Height/Number of Stories Building/Setbac � Setback" Setback " Uses k 15' setback above 70' setback 65% active 300' and 28 stories 200' 0' setback on 75' for above ground Midtown Boulevar for mixed -use on the he eastern side buildings 120 floor uses estern side of the street required designate elevation dasa gateway 350' and 33 stories or the20' Build -To on maximum Height as the western No setback Liner uses permitted under the side (maximum requirement on all Primary desi nated Miami 21 allowable s for parking Transect Zone if encroachment gateway 1 structures designated as a or 80' of linear buildings _gateway 1 rontage) 35' setback II SD above 30' 27.1 uses .elevation on the permitted western side II SD Buena Vista 60' for commercial 0' Build -To N/A 21.1 uses venue single -use permitted 15' setback Liner Uses Primary 200' for mixed -use on theabove 30' on parking eastern side of street elevation on the east side structures 15' 300' and 28 stories setback Liner Uses East Coast adjacent to the FEC 5' setback above N/A on parking Avenue corridor 75' structures elevation 350' and 33 stories if II SD Tertiary designated as a gateway 27.1 uses permitted 350' and 33 Stories or 15' the maximum Height as 9' with setback 65% active NE 36th Street permitted under the colonnade colonnade or ve 75' N/A round floor Primary designated Miami 21 elevation uses Transect Zone if awning east of required designated as Gateway I 1 I Midtown City of Miami Page 3 of 6 File ID: 10770 (Revision: A) Printed on: 212412022 File ID: 10770 Enactment Number: 14051 Boulevard 5' etback bove 60' levation Pest of lidtown Boulevard 9' Build -To with aC�ua�n 29th Street 300' and 28 stories colonnade or above awning 75' elevation fE 30th, NE 32nd, fE 300' and 28 Stories 5' setback 5th Street Secondary 50' and 33 stori aximum Heiahi esignated as a gateway 1 NE 34th Street 300' and 28 stories 0' setback (East of Midtown) 5' etback 5' levation 5' 5' levation W W W _Iner uses m all )arking ;tructures NII SD ?7.1 uses )ermitted 35% active ]round 'loor uses _Iner uses m all )arking Structures III SD ?7.1 uses )ermitted NII SD ?7.1 uses )ermitted Restaurant )r Retail Jses are 'eq u i red along 70' it ntersectio i with Midtown 3oulevard , 35% active ]round 'loor uses 'eq u i red City of Miami Page 4 of 6 File ID: 10770 (Revision: A) Printed on: 212412022 File ID: 10770 Enactment Number: 14051 120' for mixed -use or Liner uses Primary theater/entertainment/civi on all c use 200' for mixed -use parking structures Liner uses on all NE 31st NE 33rd 55 above parking Street and NE 34th, 300' and 28 stories 20' Build -To 75' N/A structures Terrace (side elevation and setbacks) ground floor 300' and 33 stories if 35' setback All SD Tertiary designated as a gateway above 25' 27.1 uses elevation permitted —i _F Fr., Il setback I Liner uses FEC Corridor (No 300' and 28 stories 40' Build -To above N/A on all Street frontage) parking 75' structures elevation 350' and 33 stories or the maximum Height as permitted under the All SD designated Miami 21 27.1 uses Transect Zone if permitted designated as a Ggateway 1 Dedicated Open Liner uses Space greater tha 300' and 28 stories 0' Build -To N/A N/A on all 4,000 square feet parking structures 350' and 33 stories if All SD designated as Gaateway 27.1 uses 1 permitted * Podium setbacks are for elevations between seventy-five (75) feet and one hundred twenty (120) feet. ** Tower setbacks are for elevations greater than one hundred twenty (120) feet. 1. Gateway designations shall be as defined in Section 627.1.6. 2. Height limitations as described herein shall not prohibit additional height allowances as described in section 627.1.6. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected. City of Miami Page 5 of 6 File ID: 10770 (Revision: A) Printed on: 212412022 File ID: 10770 Enactment Number: 14051 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 Miami 21 Code, which provisions may be renumbered or re -lettered 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 ten (10) days after final reading and adoption thereof. APPROVED AS TO FORM AND CORRECTNESS: 1 Uri ndez, City ttor i ey 11/8/2021 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 Page 6 of 6 File ID: 10770 (Revision: A) Printed on: 212412022