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HomeMy WebLinkAboutLegislation-SUBCity of Miami �oKv rare City Hall �r� 'r� Ordinance 14041 3500 Pan American Drive Miami, FL33133 www.miamigov.com Legislation File Number: 10773 Final Action Date: 12/9/2021 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED; MORE SPECIFICALLY AMENDING ARTICLE 3, SECTION 3.3.3, TITLED "WATERFRONT STANDARDS", 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 (T6)", 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. 14016, amending Appendix "B" of the Miami 21 Code, titled "Waterfront Walkway Design Guidelines", to update and improve waterfront standards; and a WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting-g t' s October 6, 2021, following an advertised public hearing, adopted Resolution No. PZA:9'Ft-2140, 040 by a vote of seven to zero (7 - 0), Item No. PZAB.11, recommending approval of�he� — proposed Zoning Text Change; and -'rn ip WHEREAS, the City Commission has considered the Planning Director's 3 c recommendations concerning the proposed Zoning Text Change; and '-�== •• rm cn 77, 0 WHEREAS, the City Commission has conducted a public hearing on the proposed Zoning Text Change; and WHEREAS, the City Commission has considered whether the proposed Zoning Text Change will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City of Miami regulations; and City of Miami Page 1 of 4 File ID: 10773 (Revision: B) Printed On: 8/19/2022 z m W O U � � � U O 'CIO, a CD �_ N V1 0 H oLL LA W Q W C m W V Q ~ z in Z N W V1 M 0 ij'$"9 10773 Lagislab'6n-Su8 LU m File ID: 10773 Enactment Number: 14041 Z u uw 2 J U WHEREAS, the City Commission has considered the need and justification for the z c proposed Zoning Text Change, including changed or changing conditions that make the passage of the proposed Zoning Text Change necessary; � � a 0 x a U. 0 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF u MIAMI, FLORIDA: z Co = Section 1. The recitals and finding contained in the Preamble to this Resolution are J u z hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. o 0_ Z W W Section 2. The Miami 21 Code is further amended by amending Article 3, titled "General W '^ to Zones", in the following particulars': a h, "ARTICLE 3. GENERAL TO ZONES F, corn �. �® � Irn o � �p 3.3 LOTS AND FRONTAGES 3� rn 00 — .. r � 3.3.3 �v o Lots facing Thoroughfares on more than one (1) side shall have designated Principal Frontage(s) and may have Secondary Frontage(s). Unless otherwise designated by a Special 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 walkway pursuant to Section 3.11 shall not consider the Waterfront as a Principal Frontage. For Waterfront Setbacks, see Section 3.11 and Appendix B — 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: B) Printed on: 8119/2022 File ID: 10773 Enactment Number: 14041 3.11 WATERFRONT STANDARDS 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, D1, 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 Related 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 following: 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 body of water 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 D3 Transect Zones. -�, ,,,, n ti *„ � q G_? Section 3. The Miami 21 Code is further amended, by amending Article 5, titiecr"Speeific to Zones", in the following particulars:' "ARTICLE 5. SPECIFIC TO ZONES 3� 3 —c, co * * * * * rn c17 X 0 M M 0 z m W Z O U � Sao H z 0 m 3!n N City of Miami Page 3 of 4 File ID: 10773 (Revision: B) Printed on: 811912022 File ID: 10773 Enactment Number: 14041 5.5 URBAN CENTER TRANSECT ZONES (T5) 5.5.1 Building Disposition (T5) e. For the minimum Height, facadesrFacades 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, facades 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 5.6 or as modified Dursuant to Appendix B — Waterfront Design 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.2 APPROVED AS TO FORM AND CORRECTNESS: ;-12' ria dez, C i y ttor i ey 10/27/2021 ria dez, City Attor iey lVj 9/2022 Tj C=3 N -��7 n 3� CID r- c-n M 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. M 0 M p� n a z coW O U 2 D U Q 0 N z 0 CA O0 H QaLL 0 LZ Q W C to W U Q �' z 0 z W N City of Miami Page 4 of 4 File /D: 10773 (Revision: B) Printed on: 811912022 �41i1 r City of Miami ,; :., , Legislation '6 a c Ordinance Enactment Number File Number: 10773 City Hall in Ameican Drive ,ni, FL 33133 miamigov.com inal Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION MENDING ORDINANCE NO. 13114, THE ZONING ORDINANC OF THE CITY OI: MIAMI, FLORIDA, AS AMENDED; MORE SPECIFI ALLY AMENDING ; ; ;U ARTICLE 3, SECTION 3.3.3, TITLED "WATERFRf NT STANDARDS" ,ter" p' rn ARTICLE 3, SECTION 3.11, TITLED "WATERF ONT STANDARDS", ARTICLE 5, SECTION 5.5, TITLED "URBAN ,.TER TRANSECT ZO S (T5)", AND ARTICLE 5, SECTION 5.6, TITL "URBAN CORE a TRANSECT ZONES (T6)", TO GRANT FL IBILITY REGARDING 3� WATERFRONT BUILDING SETBACK R UIREMENTS IN --� C9 CONJUNCTION WITH RECENT AMEN ENTS TO APPENDIX B, m � CD TITLED "WATERFRONT DESIGN GU ELINES"; MAKING FINDINGS; CONTAINING A SEVERABILITY CL SE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, a City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of M. mi ("Miami 21 Code"); and W WHEREA/3e January 24, 2 9, the City Commission adopted Ordinance No. 13804, amending Article tion 3.11 of a Miami 21 Code, titled "Waterfront Standards", to provide additional clarificao applicabl oundaries and standards associated with the term Waterfronts and ilocation andards for Waterways and Waterbodies; and WHEREAJuly 2 2021, the City Commission adopted Ordinance No. 14016, amending Appen" of t Miami 21 Code, titled "Waterfront Walkway Design Guidelines", to update and impwa rfront standards; and WHEREAlanning, Zoning and Appeals Board ("PZAB"), at its meeting on October 6, 2021, ing an advertised public hearing, adopted Resolution No. PZAB-R-21- 040byavoteofsto zero (7 - 0), Item No. PZAB.11, recommending approval of the proposed Zoninghange; and WHER S, the City Commission has considered the Planning Director's iendaybns concerning the proposed Zoning Text Change; and WREAS, the City Commission has conducted a public hearing on the proposed Zoning T xt Change; and /WHEREAS, the City Commission has considered whether the proposed Zoning Text ge will further the goals, objectives, and policies of the Miami Comprehensive hborhood Plan ("MCNP"), the Miami 21 Code, and other City of Miami regulations; and City of Miami File ID: 10773 (Revision: A) Printed On: 1211/2021 n WHEREAS, the City Commission has considered the need and justification fo he LLI proposed Zoning Text Change, including changed or changing conditions that mak he �•• passage of the proposed Zoning Text Change necessary; ~ NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF T CITY OF MIAMI, FLORIDA: N Section 1. The recitals and finding contained in the Preamble to th' Resolution are m hereby adopted by reference thereto and incorporated herein as if fully t forth in this Section. Section 2. The Miami 21 Code is further amended by amendi Article 3, titled "General to Zones", in the following particulars': o "ARTICLE 3. GENERAL TO ZON c, N ern x•' G � n c- o� `*1 M W 3.3 LOTS AND FRONT GES 3c- C _ )> 3'{ M co 3.3.3 Lots facing Thoroughfares on more tha one (1) side shall have designated Principal Frontage(s) and may have Secondary Front e(s). Unless otherwise designated by a Special Area Plan, a Principal Frontage shall be th 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 t Zoning Administrator. a. If two Thoroughfares are of equal ' portance each Frontage shall be considered a Principal Frontage. Lots with two or/onl) tages may consider other non -fronting Property Lines as sides. b. Lots shall have at leastincipal Frontage, except waterfront Lots shall have at least two (2) Principal Frontagehich shall be the waterfront and shall conform to Waterfront Setback Standards. Howehich do not require a waterfront walkwav pursuant to Section 3.11 shall not co ider the Waterfront as a Principal Frontage. For Waterfront Setbacks, see Section 111 and Appendix B — Waterfront Design Guidelines. c. Where an existin lot of record is located adjacent to a Thoroughfare in a manner that creates an irreguI Frontage such that the side or rear yards cannot be determined as with a regular lot, the Z ing Administrator shall determine, by Waiver, the yard and setbacks for the lot as fits the ci umstances of the case. In addition to general Waiver requirements, the Zoning Administrator hall consider the minimum dimensions and methods of measurement as generally re uired for either a side or rear yard in the transect, determining which shall apply by the relatio of the portion of the lot on which the yard is to be located to the adjoining lot, with due reg d to the orientation of structures and buildable areas on each lot. WATERFRONT STANDARDS ' 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 Il cn hanged material_ City of Miami Fire ID_ 10772 (Ravi -Van- Ai Printed an: 12(1/2021 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 Yi modifications to these standards for all Waterfront properties may be approved by t Commission pursuant to the procedures established in the City Charter. All Miami riverfront properties shall include water-related/ee cross all Transe Zones except o T3. W a. Waterfront Setbacks ~ D 1. For properties fronting a Waterway, the Setback shallinimu f fifty (50) feet measured from the mean high water line provided along aterfr t, except where the depth �.. of the Lot is less than two -hundred (200) feet the Setbacbe inimum of twenty-five (/) percent (25%) of the Lot depth; and except for T3, T4-R, d D3 Transect Zones wherea minimum Setback of twenty (20) feet shall be providedhere the depth of the Lot is less than eighty (80) feet the Setback shall be a minimumy-five percent (25%) of theLot depth. These requirements shall not apply to Marine d Industrial Establishments along the Miami River. Within D1, D2 and D3 Transect Zcilities may span across man- made slips with a Structure to conduct marine -related coial and industrial activities. 2. For properties fronting a Waterbody, the Setback 9fall be a minimum of twenty-five (25) feet measured from the mean high water line provided7ng any Waterfront, except for the following: 1. Where the depth of the Lot is less th one -hundred (100) feet, the Setback shall be a minimum of twenty-five percent (250 of the Lot depth; and 2. For T3, T4-R, D1, D2, and D3 T nsect Zones, a minimum Setback of twenty (20) feet shall be provided, except whgFe the depth of the Lot is less than eighty (80) feet, the Setback shall be a minimum of enty-five percent (25%) of the Lot depth. For other Lot configurationnflicts, the Setback may be reduced a maximum of fifty percent (50%) by process.0 Waiver. 3. Waterfront Side Setbacks c,Asisting of one 1 or more lot lines generally oerpendicular to the greatest ad'acent bodv oYWater shall be equal in aggregate to at least twenty-five percent (25%) of the water frontag of each Lot based on average Lot Width, to allow View Corridors open from ground to sky d to allow public access to the Waterfront; except for T3, TR-4, D1, D2, and D3 Transect Zgnes. /Zones", The Miami 21 Code is further amended, by amending Article 5, titled "8pecific ollowing particulars:' "ARTICLE 5. SPECIFIC TO ZONES`—'_< n x5.5 URBAN CENTER TRANSECT ZONES (T5)00 position (T5) m Cn City of Miami File ID: 10773 (Revision: A) Printed On: 1211/2021 e. For the minimum Height, faeades-Facades shall be built parallel to the Principal F Line along a minimum of seventy percent (70%) of its length on the Setback Line in Illustration 5.5 or as modified pursuant to Appendix B — Waterfront Design Guic Section 2.3(a) for Frontages along a Waterfront. 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.1 Building Disposition (T6) e e. For the minimum Height, faeades Facades shall be built par I to the Principal Frontage Line along a minimum of seventy percent (70%) of its leng on the Setback Line as shown in Illustration 5.5 or as modified pursuant to Appendix B aterfront Design Guidelines Section 2.3(a) for Frontages along a Waterfront. Section 4. If any section, part of a section, Ordinance is declared invalid, the remaining provi, Section 5. This Ordinance shall and signature by the Mayor.2 APPROVED AS TO FORM AND CORRE9,7NESS: ey graph, clause, phrase, or word of this of the Ordinance shall not be affected. immediately after the adoption thereof a r„ ~ ca r 3c� O rn cil ir CZ) 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: A) Printed On: 12112021 0 W H m