HomeMy WebLinkAboutLegislation SUB. City of Miami
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Legislation
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"..-.�..1 Ordinance:
File Number: 10773
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
City Hall
3500 Pan American ❑nve
Miami. FL 33133
www.mamigov.com
Final Action Date:
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 3.3, TITLED "LOTS AND FRONTAGES,"
ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT STANDARDS", ARTICLE
5, SECTION 5.5, TITLED "URBAN CENTER TRANSECT ZONES (T5)"°, AND
ARTICLE 5, SECTION 5.6, TITLED "URBAN CORE TRANSECT ZONES J6)".
TO GRANT FLEXIBILITY REGARDING WATERFRONT BUILDING SETBACK
REQUIREMENTS IN CONJUNCTION WITH RECENT AMENDMENTS TO
APPENDIX B. TITLED "WATERFRONT DESIGN GUIDELINES"; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE: AND PROVIDING FOR
AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes, Commissioner Ken Russell
WHEREAS. on October 22. 2009. the City Commission adopted Ordinance No. 13114,
as the Zoning Ordinance of the City of Miami ("Miami 21 Code"); and
WHEREAS, on January 24, 2019, the City Commission adopted Ordinance No. 13804,
amending Article 3, Section 3.11 of the Miami 21 Code titled "Waterfront Standards" to provide
additional clarification to applicable boundaries and standards associated with the term
Waterfronts and identify location standards for Waterways and Waterbodies; and
WHEREAS, on July 22, 2021, the City Commission adopted Ordinance No. 1.4016,
amending Appendix "B" of the Miami 21 Code titled "Waterfront Walkway Design Guidelines" to
update and improve waterfront standards; and
WHEREAS. the Planning, Zoning and Appeals Board ("PZAB"), at its meet�qj-bn ca
October 6, 2021, following an advertised public hearing, adopted Resolution No, PCB -RBI- M
040 by a vote of seven to zero (7-0), Item No. PZA8.11. recommending Approval frtIne Zoning 0
Text Change; and
WHEREAS, the City Commission has considered the Planning Director's
-
recommendations, and '��co !71
WHEREAS, the City Commission has conducted a public hearing on the prdpose` text
amendment; and
WHEREAS, the City Commission has considered whether the proposed text amendment
will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code. and other City regulations; and
City of Miami page 1 of 4 File ID: 10773 (Revision:) Printed On: 901712021
10773 Legislation SUB
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
File IQ: 1
Enactment Number:
WHEREAS, the City Commission has considered the need and justification for the
proposed text amendment, including changed or changing conditions that make the passage of
the proposed text amendment 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 Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The Miami 21 Code is further amended by amending Article 3, titled "General
to Zones", in the following particulars':
"ARTICLE. 3. GENERAL TO ZONES
v
3.3 LOTS AND FRONTAGES`� M
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3.3.3 s =
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Lots facing Thoroughfares on more than one (1) side small have designated PF"10ciprab
Frontage(s) and may have Secondary Frontage(s). Unless otherwise designated by Z�;Speml
Area Plan, a Principal Frontage shall be that facing the Thoroughfare of higher pedestrian
importance or intensity (i.e., traffic volume, number of lanes, etc.), as determined by the
Planning Department upon request by the Zoning Administrator.
a. If two Thoroughfares are of equal importance each Frontage shall be considered a Principal
Frontage. Lots with two or more Frontages may consider other non -fronting Property Lines as
sides.
b. Lots shall have at least one (1) Principal Frontage, except waterfront Lots shall have at least
two (2) Principal Frontages, one of which shall be the waterfront and shall conform to Waterfront
Setback Standards. However, Lots which do not require a waterfront walkwav oer section 3.11
shall not consider the Waterfront as a Principal Frontage. For Waterfront Setbacks, see Section
3.11. and Appendix 8 — Waterfront Design Guidelines.
c. Where an existing lot of record is located adjacent to a Thoroughfare in a manner that
creates an irregular Frontage such that the side or rear yards cannot be determined as with a
regular lot, the Zoning Administrator shall determine, by Waiver, the yard and setbacks for the
lot as fits the circumstances of the case. In addition to general Waiver requirements, the Zoning
Administrator shall consider the minimum dimensions and methods of measurement as
generally required for either a side or rear yard in the transect, determining which shall apply by
the relation of the portion of the lot on which the yard is to be located to the adjoining lot, with
due regard to the orientation of structures and buildable areas on each lot.
' 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 4 File ID, 10773 (Revision:) Printed on: 10/7/2021
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
BE SEEN AT END OF THIS DOCUMENT.
File ID: 10773
3,11 WATERFRONT STANDARDS
Enactment Number:
In addition to the Miami City Charter requirements, the following Setback, walkways and
Waterfront standards shall apply to all Waterfront properties within the City, except as
modifications to these standards for all Waterfront properties may be approved by the City
Commission pursuant to the procedures established in the City Charter.
All Miami riverfront properties shall include water -related uses across all Transect Zones except
T3.
a. Waterfront Setbacks
1. For properties fronting a Waterway, the Setback shall be a minimum of fifty (50) feet
measured from the mean high water line provided along any Waterfront, except where the depth
of the Lot is less than two -hundred (200) feet the Setback shall be a minimum of twenty-five
percent (25%) of the Lot depth; and except for T3, T4-R, ❑1, D2 and D3 Transect Zones where
a minimum Setback of twenty (20) feet shall be provided, except where the depth of the Lot is
less than eighty (80) feet the Setback shall be a minimum of twenty-five percent (25%) of the
Lot depth. These requirements shall not apply to Marine Reiated Industrial Establishments
along the Miami River. Within D1, D2 and D3 Transect Zones facilities may span across man-
made slips with a Structure to conduct marine -related commercial and industrial activities.
2. For properties fronting a Waterbody, the Setback shall be a minimum of twenty-five (25) feet
measured from the mean high water line provided along any Waterfront, except for the
fallowing:
1. Where the depth of the Lot is less than one -hundred (100) feet, the Setback shall be
a minimum of twenty-five percent (25%) of the Lot depth; and
2. For T3, T4-R, D1, D2, and D3 Transect Zones, a minimum Setback of twenty (20)
feet shall be provided, except where the depth of the Lot is less than eighty (80) feet, the
Setback shall be a minimum of twenty-five percent (25%) of the Lot depth.
For other Lot configuration conflicts,. the Setback may be reduced a maximum of fifty
percent (50%) by process of Waiver.
3. Waterfront Side Setbacks consisting of one 1 or more lot lines generally perpendicular to
the greatest adiacent waterbody shall be equal in aggregate to at least twenty-five percent
(25%) of the water frontage of each Lot based on average Lot Width, to allow View Corridors
open from ground to sky and to allow public access to the Waterfront; except for T3, TR-4, D1,
D2, and ❑3 Transect Zones.
Section 3. The Miami 21 Code is further amended, by amending Article 5 titled "Socific
to Zones" in the following particulars:' *17 v
"ARTICLE 5. SPECIFIC TO ZONES
-� �r &,
n
City of Miami Page 3 of 4 File ID: 10773 (Revision:) Purled 0/7/20
THIS DOCUMENT IS A SUBSTITUTION
TO ORIGINAL. BACKUP ORIGINAL CAN
Fife !D: 10773 1 BE SEEN AT END OF THIS DOCUMENT.
5.5 URBAN CENTER TRANSECT ZONES (T5)
5.5.1 Building Disposition (T5)
Enactment Number:
e. For the minimum Height, faGades Facades shall be built parallel to the Principal Frontage
Line along a minimum of seventy percent (70%) of its length on the Setback Line as shown
in Illustration 5.5 or as modified pursuant to Appendix B — Waterfront Design Guidelines,
Section 2.3(a) for Frontages along a Waterfront_
5.6 URBAN CORE TRANSECT ZONES (T6)
5.6.1 Building Disposition (T6)
e. For the minimum Height, #ash Facades shall be built parallel to the Principal Frontage
Line along a minimum of seventy percent (70%) of its length on the Setback Line as shown
in Illustration 5.5 or as modified pursuant to Aopendix B — Waterfront Desian Guidelines.
Section 2.3�a) for Frontages along a Waterfront.
Section 4. 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.
Section 5. This Ordinance shall become effective immediately after the adoption thereof
and signature by the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
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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 Wage 4 of 4 Pile ID: 10773 (Revision:) Printed on: 74/7/2021
SUBSTITUTED
City of Miami
iegs�
Legislation
�
Ordinance
Enactment Number
File Number: 10773
City Hall
3500 Pan Ameican C
Miami, FL 33133
www.miamigov.cgi
Final Actioh Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THIbITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MOR
SPECIFICALLY TO AMEND ARTICLE 3, SECTION 3.3.3 ATERFRONT
STANDARDS, SECTION 3.11 WATERFRONT STANDA S, ARTICLE 5,
SECTION 5.5 URBAN CENTER TRANSECT ZONES ( ), AND SECTION
5.6 URBAN CORE TRANSECT ZONES (T6) TO G T FLEXIBILITY
REGARDING WATERFRONT BUILDING SETBAC REQUIREMENTS IN
CONJUNCTION WITH RECENT AMENDMENTS O APPENDIX B
WATERFRONT DESIGN GUIDELINES; MAKI FINDINGS;
CONTAINING A SEVERABILITY CLAUSE; D PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the CityVommission adopted Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, know as the Miami 21 Code ("Miami 21 Code"); and
WHEREAS, on January 24, 20/es;
ity Commission adopted Ordinance No. 13804,
amending Article 3, Section 3.11 Watendards to provide additional clarification to
applicable boundaries and standards ad with the term Waterfronts and identify location
standards for Waterways and Waterbo
WHEREAS, on July 22, 20 , the City Commission adopted Ordinance No. 14016,
amending Appendix "B": Waterfr t Walkway Design Guidelines to update and improve
waterfront standards; and
WHEREAS, the PI ning, Zoning and Appeals Board ("PZAB"), at its meeting on, ,
following an advertised Rldblic hearing, adopted Resolution No. PZAB-R- - by a vote of to
- ), Item No. PZAB. recommending of the Zoning Text Change; and
WHEREAS the City Commission has considered the Planning Director's
recommendation, and
WHEREAS, the City Commission has conducted a public hearing on the proposed text
amendmene and
HEREAS, the City Commission has considered whether the proposed amendment will
furth the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan
(" NP"), 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;
City of Miami File ID: 10773 (Revision:) Printed On: 101412021
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SUBSTITUTED
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 Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Seq
Section 2. The Miami 21 Code is further amended, by amending Article 3 titled
to Zones" in the following particulars': /
"ARTICLE 3. GENERAL TO ZONES
3.3 LOTS AND FRONTAGES
3.3.3
Lots facing Thoroughfares on more than one (1) sid hall have designated Principal
Frontage(s) and may have Secondary Frontage(s). Unles otherwise designated by a Special
Area Plan, a Principal Frontage shall be that facing the Yhoroughfare of higher pedestrian
importance or intensity (i.e., traffic volume, number of)6nes, etc.), as determined by the
Planning Department upon request by the Zoning Agrministrator.
a. If two Thoroughfares are of equal importanc each Frontage shall be considered a Principal
Frontage. Lots with two or more Frontages m consider other non -fronting Property Lines as
sides.
b. Lots shall have at least one (1) Princ)l6al Frontage, except waterfront Lots shall have at least
two (2) Principal Frontages, one of w ' h shall be the waterfront and shall conform to Waterfront
Setback Standards. However Lots Aich do not require a waterfront walkway per section 3.11
shall not consider the Waterfront a Principal Frontage.,
ronta e. For Waterfront Setbacks, see Section
3.11. and ADDendix B — Waterfrafit Desian Guidelines.
c. Where an existing lot of r cord is located adjacent to a Thoroughfare in a manner that
creates an irregular Front a such that the side or rear yards cannot be determined as with a
regular lot, the Zoning minis shall determine, by Waiver, the yard and setbacks for the
lot as fits the circumst
Administrator shall ces of the case. In addition to general Waiver requirements, the Zoning
nsider the minimum dimensions and methods of measurement as
generally require or either a side or rear yard in the transect, determining which shall apply by
the relation of t portion of the lot on which the yard is to be located to the adjoining lot, with
due regard to a orientation of structures and buildable areas on each lot.
3.11 WATERFRONT STANDARDS
dition to the Miami City Charter requirements, the following Setback, walkways and
rfront standards shall apply to all Waterfront properties within the City, except as
' 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: 10773 (Revision:) Printed On: 101412021
SUBSTITUTED
modifications to these standards for all Waterfront properties may be approved by the City
Commission pursuant to the procedures established in the City Charter.
All Miami riverfront properties shall include water -related uses across all Transect Zones
T3.
a. Waterfront Setbacks
1. For properties fronting a Waterway, the Setback shall be a minimum of fifty (50) f 6t
measured from the mean high water line provided along any Waterfront, except w re the depth
of the Lot is less than two -hundred (200) feet the Setback shall be a minimum of enty-five
percent (25%) of the Lot depth; and except for T3, T4-R, D1, D2 and D3 Trans ct Zones where
a minimum Setback of twenty (20) feet shall be provided, except where the ddpth of the Lot is
less than eighty (80) feet the Setback shall be a minimum of twenty-five pe ent (25%) of the
Lot depth. These requirements shall not apply to Marine Related Industri Establishments
along the Miami River. Within D1, D2 and D3 Transect Zones facilities ay span across man-
made slips with a Structure to conduct marine -related commercial a industrial activities.
2. For properties fronting a Waterbody, the Setback shall be a ' imum of twenty-five (25) feet
measured from the mean high water line provided along any terfront, except for the
following:
1. Where the depth of the Lot is less than one-hun ed (100) feet, the Setback shall be
a minimum of twenty-five percent (25%) of the L depth; and
2. For T3, T4-R, D1, D2, and D3 Transect Z96es, a minimum Setback of twenty (20)
feet shall be provided, except where the daidth of the Lot is less than eighty (80) feet, the
Setback shall be a minimum of twenty-fiv percent (25%) of the Lot depth.
For other Lot configuration conflicts, a Setback may be reduced a maximum of fifty
percent (50%) by process of Waiv .
3. Waterfront Side Setbacks consistin of one 1 or more lot lines generally perpendicular to
the greatest adjacent waterbody sh be equal in aggregate to at least twenty-five percent
(25%) of the water frontage of eac Lot based on average Lot Width, to allow View Corridors
open from ground to sky and to ow public access to the Waterfront; except for T3, TR-4, D1,
D2, and D3 Transect Zones.
*11
Section 3. The iami 21 Code is further amended, by amending Article 5 titled "Specific
to Zones" in the folio ing particulars:'
"ARTICLE 5. SPECIFIC TO ZONES
5.5 URBAN CENTER TRANSECT ZONES (T5)
5.5.1Auilding Disposition (T5)
e. For the minimum Height, faeades Facades shall be built parallel to the Principal Frontage
Line along a minimum of seventy percent (70%) of its length on the Setback Line as shown
City of Miami File ID: 10773 (Revision:) Printed On: 101412021
SUBSTITUTED
in Illustration 5.5 or as modified pursuant to Appendix B — Waterfront Design Guidelines,
Section 2.3(a) for Frontages along a Waterfront.
5.6 URBAN CORE TRANSECT ZONES (T6)
5.6.1 Building Disposition (T6)
e. For the minimum Height, facades Facades shall be built parallel to the Prin pal Frontage
Line along a minimum of seventy percent (70%) of its length on the Setb k Line as shown
in Illustration 5.5 or as modified pursuant to Appendix B — Waterfront D si n Guidelines
Section 2.3(a) for Frontages along a Waterfront.
Section 4. If any section, part of a section, paragraph, clau , phrase, or word of this
Ordinance is declared invalid, the remaining provisions of the Or ' ance shall not be affected.
Section 5. This Ordinance shall become effective imrr diately after the adoption thereof
and signature by the Mayor.2
APPROVED AS TO FORM AND CORRECTNESS:
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: 10773 (Revision:) Printed On: 101412021