HomeMy WebLinkAboutM-86-0964X
86-975
10/.86
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 20,
ENTITLED "GENERAL AND SUPPLEMENTARY
REGULATIONS," SUBSECTIONS 2028.1 ENTITLED
"INTENT" BY PROVIDING FOR CLUSTER HOUSING IN
\SI
IC AREAS BY SPECIAL EXCEPTION ONLY,
ENTITLED "MINIMUM LOT AREA," BY
G REFERENCE TO ALL "DETACHED
URES" AND SUBSTITUTING "DWELLING," AND
ENTITLED "MINIMUM OPEN SPACE" BY
ING PARKING REQUIREMENTS; AND BY
G PAGE 1 OF THE OFFICIAL SCHEDULE OF
T REGULATIONS BY INCREASING THE AREA
E FOR CLUSTER DEVELOPMENT AND
IN A SPECIAL EXCEPTION; CONTAINING A
ER ROVISION AND A SEVERABILITY CLAUSE.
WHEREAS, the Miam Planning Advisory Board, at its meeting
of October 15, 1986, tem No. 2b, following an advertised
hearing, adopted Resoluti4 PAB 37-86 by a vote of 9 to 0,
RECOMMENDING APPROVAL, as am \dedr of amending Ordinance No. 9500
as hereinafter set forth; anWHEREAS, the City Commiafter careful consideration of
this matter deems it advisable anV in the best interest of the
general welfare of the City of Miami and its inhabitants to amend
Ordinance No. 9500 as hereinafter set Ikorth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. Ordinance 9500, the zoning rdinance of the City
of Miami, Florida, is herein amended in the f lowing respects:l
"ARTICLE 20. GENERAL AND SUPPLEMENTARY
IONS
Sec. 2028. Cluster development in the RS-1, R
RS-2 and RG-1 districts; require ents
for erection of more than one si 1e-
family detached or one two -fa ly
semidetached dwelling on large vac t
lots.
1 Words and/or figures stricken through shall be dele ed.
Underscored words and/or figures shall be added. e
remaining provisions are now in effect and remain unchange .
Asterisks indicate omitted and unchanged material.
2028.1. Intent.
iance shall be considered from the followi
requi
Where there are vacant lots in common ownership in
the RS-It RS-1.1, RS-2 and RG-1 districts that meet the
minimum net lot area requirements of this section, but
are less than the gross area required for the creation
of a PD-H district, it is intended to permit cluster
development of single-family detached and two-family
semidetached structures upon application and approval
of development plans by ^' _,.- - : al PefMike special
exception.
Within such large lot(s), it is intended that
cluster development of dwellings closely spaced will
promote economical and efficient land use, a better
distribution of open space, an improved level of
amenities and creative design to a greater degree then
development on a lot -by -lot basis.
Where existing lots in RS-1, RS-1.1, RS-2, or RG-1
districts contain at least #mw __ tFiree times the
required minimum net area and width r qulred for the
erection of a single-family detached structure or a
two-family semidetached structure in the district, but
less than the gross area required for the creation of a
PH-D district, more than one (1) structure may be
erected on such lots only by
special exception subject to the following
requirements.
2028.2. Minimum lot area.
No variances shall be considered from the
following requirements:
(a) In the RS-1 and RS-1.1 districts, one (1)
single-family `.__ _==__=_re dwe�llinl may
be erected for the first ten t ousand
(10#000) square feet of net lot area, one (1)
single-family dwelling for
the next eight thousand (8,000) square feet
of net lot area; and one (1) single-family
dwelling for each ten
thousand (10,000) square of net lot area
thereafter.
(b) In the RS-2 district, one (1) single-family
d__wel__lli�ing may be erected
for the first five thousand (5,000) square
feet of net lot area, one (1) single-family
dwelling for the next four
thousand (4,000) square �met of net lot area,
and one single-family
dwe�llinq for each five thousand (51000)
square feet of net lot thereafter.
(c) In the RG-1 district, one (1) single-family
dwelling or one (1) two-
family dwelling may be
erected for the first five t ousan (5,000)
square feet of net lot area; two (2) single-
family dwellings or one
(1) two-family
dwelling for the next four thousand (4000)
square feet of net lot areal and one (1)
single-family dwelling for
-2-
each twenty five hundred (2p500' square feet
of net lot area thereafter, or one (1) two-
family dwellin for
each five thousand (5,000) square r etof net
lot area thereafter, or any combination of
one -and -two-family uamuveM dwellings that
meets the net lot area requirements. A
maximum of three (3) dwelling units maybe`
nprmttpd to he attached or semi= et�ac e . --
d) Section 2101 None
2028.3. Minimum open space.
ming lots shall
No variances shall be considered from the
following requ rements:
(a) Exterior yards, lot coverage, and livability
space - s all be as
generally required for the respective
district.
(b) Building
spacing
shall
be as provided for
detached
attached and
mulbigamily semi-
taacFed
'dwelling&
structures at. per section
(c) Minimum
offstreet
parking
requirements shall
be two
s aces
er un
lus times the
number ot
units.
Section 2. Page 1 of the Official Schedule of District
Regulations made a part of Ordinance No. 9500 is hereby amended
as follows:
RS-1; RS-2.
"USES AND STRUCTURES
PRINCIPAL USES AND STRUCTURES
ONE -FAMILY DETACHED RESIDENTIAL
Permissible Only by Special Permit
10. Erection of more than one -single family detached
building on lots containing at least %wise three
times the minimum required for the district shall
Fe -permissible only by
special exception. See Section 2028.
RG-1 GENERAL RESIDENTIAL (ONE AND TWO-FAMILY)
As for RS-2, and in addition:
f_1
Permissible Only by Special Permit
-3-
r 2. Erection of more than one semidetached one -family
building on lots containing at least tees. three
times the minimum required for the district MIT
be permissible only by Q -----C speeial---petcoj%
special exception. See Section 2028."
Section 3. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provisions of this ordinance shall not be affected.
PASSED ON FIRST READING BY TITLE ONLY this day of
. 1986.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this day of , 1986.
ATTEST:
XAVIER L.*SUAREZ, MAYOR
MATTY HIRAI
City Clerk
PREPARED AND APPROVED BY:
SP. /itim w 1W
G. WRGE
sistant City Attorney
FORM AND CORRECTNESS:
vvaaa. sa• a+vvv�
ity Attorney
CGK/wpc/pb/M081
CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and Members
of the City Commission
FROM Cesar H. Odio
City Manager
FM 4Zw 12 B'
DA1E! Mvember 14, 1986 nLE.
SUNJECT. ORDINANCE - RECOMMEND APPROVAL
TEXT AMENDMENT - ART 209 SECTION 2028
8 SCHEDULE OF DISTRICT REGULATIONS
REFERENCES: COMMISSION AGENDA - NOVEMBER 25, 1986
ENCLOSURES: PLANNING AND ZONING ITEMS
It is recommended by the Planning Advisory Board that
amendments to Ordinance 9SO0, as amended, the Zoning
Ordinance of the City of Miami, ARTICLE 20 GENERAL AND
SUPPLEMENTARY REGULATIONS, Section 2028; Subsection
2028.1; Subsection 2028.2; Subsection 2028.3 and by
amending page 1 of 6 of the Official Schedule of
District Regulations, RS-1; RS-2 ONE FAMILY DETACHED
RESIDENTIAL; RG-1 GENERAL RESIDENTIAL -(One and Two -
Family) be approved.
The Planning Advisor Board, at its meeting of October 15, 1986, Item 2b,
following an-lavirtised nearing,, adopted Resolution PAB 37-86 by a 9 to 0
vote, recommending aReroval of amendments to Ordinance 9500, as amended, the'
Zoning ortinance of the My of, Mfaml,, ARTICEE zu GENEKAL AND SUPPLEMENTARY
REGULATIONS, Section 2028 Cluster Development n Be RS-1, RS-1.1, RS-2, RG-1
Districts; Req`uiireme" ents for Erection of More than One,Single-Family Detached
or One Two -Family Semi -Detached Dwelling on Large Vacant Lots; Subsection
2028.1, 1st paragraph, to delete Class C Special Permit and substitute n Ifei
thereof special exception; 3rd paragraph, to add RS-1.1 to the class of
districts, change the area required, for cluster development from twice to
three times the minimum required in the district, and delete'Class C Special
Permit and substitute in lieu thereof special exception; Subsection 2028.2 to
amend parenthesis (a) , (b) and (c) to allow a maximum of three single-family
dwelling units to be attached or semi-detached in the RS-19 RS-1.11, RS-20 RG-1
districts rather than the previous limit of single-family detached structures
in RS-1, RS-1.1 and RS-2 districts and two family semi-detached structures in
the RG-1 district, and to add a new parenthesis (d) to provide that non-
conforming lots do not qualify; Subsection 2028.3 by conforming the language
in parenthesis (a) and (b) to the an�uage in Subsection 2028,2 and
inserting new parenthesis ( c) to require two lKeki ng spaces per dwel ling Wni t
and by amendinga e 1 of 6 of the Official Schedule of District R ulations,
RS-i• Kb-Z ONE FAMILY DETACHED RESIDENTIAL, Uses and Strugtures, Principal'
uses and Structures, Permissible Only by Special Permit, to amend paragraph 10
to change the area required for cluster development from twice to thret tires
the minimum required' for the district and specify special exception `rather
than.Class C Special Permit; R G-1. GENERAL RESIDENTIAL (One and Two -Family),
The Honorable Mayor and Member
of the City Commission
Page 2
Uses and Structures, Principal Uses and Structures by transferring paragraph 3
from Uses Permissible Generally to Uses Permissible Only'by Special Permit and
to allow a maximum of three single-family dwelling units to be attached or
semi-detached and deleting "but not multiple dwellings" and amending paragraph
2 of Uses Permissible Only by Special Permit to change the area required for
cluster development from twice to three times the minimum required in the
district and to specify special exception rather than Class C Special Permit.
Backup information is included for your review.
An ORDINANCE to provide for the above has been prepared by the City Attorney's
Office and submitted for consideration by the City Commission.
AEPL:111
cc: Law Department
(TOTE: Planning Department recommends: APPROVAL
v
1V
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department:
September 26, 1986
PETITION 2b. Consideration of recommending amendments to
Ordinance 9600, as amended, the Zoning Ordinance
of the City of Miami, ARTICLE 20. GENERAL AND
SUPPLEMENTARY REGULATIONS, Section 2028. Cluster
Development in the RS-I,, RS-1.19 RS-21 RG-1
Districts; Requirements for Erection of More
than One Single -Family Detached or One Two -
Family Semi -Detached Dwelling on Large Vacant
Lots; Subsection 2028.1. 1st paragraph, to
delete Class C Special Permit and substitute in
lieu thereof special exception; 3rd paragraph,
to add RS-1.1 to the class of districts, change
the area required for cluster development from
twice to three times the minimum required in the
district, and delete Class C Special Permit and
substitute in lieu thereof special exception;
Subsection 2028.2 to amend parenthesis (a), (b)
and (c) to allow a maximum of three single-
family dwelling units to be attached or semi-
detached in the RG-1 district rather than the
previous limit of two family semi-detached
structures, and to add a new parenthesis (d) to
provide that non -conforming lots do not qualify;
Subsection 2028.3 by conforming the Ian age in
parenthesis (a) and (b) to the amended Language
in Subsection Z028.2 and inserting new
parenthesis (c) to require two parking spaces
per dwel I ing unit and by amending page i of 6 of
the Official Schedule of District Regulation,
RS-1; RS-2 ONE FAMILY DETACHED RESIDENTIAL, Uses
and Structures, Principal Uses and Structures,
Permissible Only by Special Permit, to amend
paragraph 10 to change the area required .for
cluster development from twice to three times
the minimum required for the district and
specify special exception rather than Class C
Special Permit; RG-1 GENERAL RESIDENTIAL (One
and Two -Family), Uses and Structures, Principal
Uses and Structures paragraph 2 of Uses
Permissible Only by Special Permit to change the
area required for cluster development from twice'
to three times the minimum required in the
district and to specify special exception rather,
than Class C Special Permit.
PAS &P�
:L� i_,a:a-5ch.,-•zusis�.-.._•�.,.t+-,:..�-;-...•-:...:;...n.:,..�.;..--...•:. ..... .� �..,.K_.�-.-�-wz.. �..,_..�:�.�__,.s-.a:._.'�:.]�a.ai=ih=�'atd4&et%Sis-�,�3i�
t«_
ti
REQUEST To revise cluster housing provisions.
BACKGROUND Close examination of the cluster housing
provisions disclose that increased density is
allowed which encourages redevelopment.
However, more Wick requirements are needed to
guarantee sound development.
ANALYSIS
If
RECOMMENDATIONS
PLANNING DEPT.
PLANNING ADVISORY BOARD
The proposed amendments would:
1. allow cluster housing in the RS-1, RS-1.1,
Z anG KV2-1 alstricts only by special
excel.
2. increase the area required for eligibility
for cluster deve opmen rom two to three
times the minimum lot area in the district
and provide that non conforming lots do not
qualify
3. Allow a maximum of three single family_
dwelling units to be azzachea or
semi defached rather than the previous limit
of two family semi detached structures in
RG- .
4. require two parking spaces per dwelling unit
per .25 times the number OT Units in cluster
housing.
Approval.
At its meeting of October 15, 1986, the
Planning Advisory Board adopted Resolution
PAB 37-86 by a 9 to 0 vote, recommending
approval of the above.
k
rM
r:.Y
3>
�'F'�.:6�''�+.�?4.fff•.tj:+4.]t `i�,�3:,':i1.4'iw•$..]Yas'�s" �'^'1iEi��?. -
I*
(Cluster Housing - b)
Section 1. Ordinance 9500, the Zoning Ordiirce of the City of Miami, Florida
is herein amended in the following respects— :
ARTICLE 20. GENERAL AND SUPPLEMENTARY REGULATIONS
f
W
DETAILED REQUIREMENTS AND LIMITATIONS APPLYING TO
PARTICULAR USES AND STRUCTURES GENERALLY, OR IN
PARTICULAR DISTRICTS OR GROUPS OF DISTRICTS `
Sec. 2028. Cluster develop�ent in the RS-1, RS-1.1, RS-29 RG-1 districts;
requirements for erection of were than one single-family detached
or one two-family semidetached dwelling on large vacant lots.
2028.1 Intent
No variance shall be considered from the following requirements: .
Where there are vacant lots in common ownership in the RS-1, RS-1.19 RS-2
and RG-1 districts that meet the minimum net lot area requirements of this
section, but are less than the gross area required for the creation of a PD-H
district, it is intended to permit cluster development of single-family
detached and two-family semi-detached structures upon application and approval
of development plans by special exception.
Within such large lot(s), it is intended that cluster development of
dwellings closely spaced will promote economical and efficient land use, a
better distribution of open space, an improved level of amenities, and
creative design to a greater degree than development on a lot -by -lot basis.
Where existing lots in RS-1, RS-1.1, RS-2, or RG-1 districts contain at
! least Asa three times the require m nimum net area and width required for
the erection o� a single-family detached structure or a two-family semi-
detached structure in the district, but less than the gross area required for
the creation of a PD-H district, more than one (1) structure may be erected on
such lots only by special exception subject to the
following requirements.
2028.2 Minimum lot area
No variances shall be considered from the following requirements:
(a) In the RS-1 and RS-1.1 districts, one (1) single-family da•Lachod
oucium dwelling may be erected for the first ten thousand (10,000)
IF
square fee of-RIof-RIT lot area, one (1) single-family
. dwelling for the next eight thousand (8,000) square feet of net lot
area; and one (1) single-family 4e4&W upe dwelling for each
ten thousand (10,000) square feet of net lot area therear. r.
(b) In the RS-2 district, one (1) single-family
dwelling may be erected for the first five thousand (5,000) square
efi'et Or net lot area, one (1) single-family
dwelling for the next four thousand (4,000) square feet of net lot
area, and one single-family �dwelling for each five
thousand (5,000) square feet of net lot thereafter.
(c) In the RG-1 district, one (1) single-family
dwelling or one (1) two-family dwelling may
eb erected for the first five thousand (5,000) square feet or net lot
V language to be deleted is stricken through. New additional language is
underlined and constitutes the amendment. Omitted and unchanged language is
denoted by asterisks.
Page 1 of 3
a`
area; two (2) single-family dwellings or one (1)
two-family dwelling for tFW next four
thousand (4,000) square feet of net T`3T area; and one (1) single-
family dwelling for each twenty-five hundred
(2500) square feet of net lot area t ereafter, or one (1) two-family
dwellin for each five thousand (5,000)
square feet of net lot area reafter, or any combination of one and
two-family a.Lw=tusalc dwellings that meets the net lot area
requirements. A maximum of three (3) dwelling units may be permitted
to be attached or sem - c .
(d) Section 2101 Nonconforming lots shall not apply.
2028.3. Minimum open space
No variances shall be considered from the following requirements:
(a) Exterior yards, lot coverage, and livability space and affstr
Ong shall be as generally required for the respective district.
(b) Building. spacing shall be K provided for detached, attached and
aw3-Lt#amiy. semi-detached dwellIP96 structures'per section 2013.
(c) Minimum offstreet parking requirements- shall be two (2) spaces per
un pustimes Me num er ot um s.
Section 2. Page 1 of 6 of the Official Schedule of District Regulations made
a part of Ordinance No. 9500 is hereby amended as follows:
SCHEDULE OF DISTRICT REGULATIONS
rA
• USES AND STRUCTURES
PRINCIPAL USES AND STRUCTURES
DISTRICT
RS-1; RS-2 ONE FAMILY DETACHED RESIDENTIAL.
Permitted Generally
t
Permissible Only by Special Permit
10. Erection of more than one -single family detached building on lots
containing at least Wke three times the minimum required for the
district shall be permissible only y special
exception. See Section 2028.
As for RS-2, and in addition:•
RG-1 GENERAL RESIDENTIAL
(One and Two Family)
Page 2 of 3
-
� - •.art-�T
i
q
i�xe_1R3-tit}' .� ..: . �� •' .. ... '. .. '., ..
t
Permissible Only by Special Permit
2. Erection of more than one semi-detached one -family building on lots
containing at least A*$" three times the minimum required for the
district shall be permissible only gy—Wes, C spoci%3 pespy `t
exception. See Section 2028.
Page 3 of 3
ss7�s��iAE'''+�i �n'3,.rc���;;F .ie-�,��r k. _ �:..� _ .ixc+., Lc]Hi�i'.3.L. �-.i3s�i�r•s � r i�..
Mr. Aaron Manes offered the following Resolution and
moved its adoption.
RESOLUTION PAB 37-86
RESOLUTION TO RECOMMEND APPROVAL OF AMENDMENTS TO
ORDINANCE 9500, AS AMENDED, THE ZONING ORDINANCE
OF THE CITY OF MIAMI, ARTICLE 20 GENERAL AND
SUPPLEMENTARY REGULATIONS, SECTION 2028 CLUSTER
DEVELOPMENT IN THE RS-1, RS-1.19 RS-29 RG-1
DISTRICTS; REQUIREMENTS FOR ERECTION OF MORE THAN
ONE SINGLE-FAMILY DETACHED OR ONE TWO-FAMILY
SEMI-DETACHED DWELLING ON LARGE VACANT LOTS;
SUBSECTION 2028.19 1ST PARAGRAPH, TO DELETE CLASS
C SPECIAL PERMIT AND SUBSTITUTE IN LIEU THEREOF
SPECIAL EXCEPTION; 3RD PARAGRAPH, TO ADD RS-1.1
TO THE CLASS OF DISTRICTS, CHANGE THE AREA
REQUIRED FOR CLUSTER DEVELOPMENT FROM TWICE TO
THREE TIMES THE MINIMUM REQUIRED IN THE DISTRICT,
AND DELETE CLASS C SPECIAL PERMIT AND SUBSTITUTE
IN LIEU THEREOF SPECIAL EXCEPTION; SUBSECTION
2028.2 TO AMEND PARENTHESIS (A), (B) AND (C) TO
ALLOW A MAXIMUM OF THREE SINGLE-FAMILY DWELLING
UNITS TO BE ATTACHED OR SEMI-DETACHED IN THE.RS-
1, RS-1.1, RS-2, RG-1 DISTRICTS RATHER THAN THE
PREVIOUS LIMIT OF SINGLE-FAMILY DETACHED
STRUCTURES IN RS-19 RS-1.1 AND RS-2 DISTRICTS AND
TWO FAMILY SEMI-DETACHED STRUCTURES IN THE RG-1
DISTRICT, AND TO ADD A NEW PARENTHESIS (D) TO
PROVIDE THAT NON -CONFORMING LOTS DO NOT QUALIFY;
SUBSECTION 2028.3 BY CONFORMING THE LANGUAGE IN
PARENTHESIS (A) AND (B) TO THE AMENDED LANGUAGE
IN SUBSECTION 2028.2 AND INSERTING NEW
PARENTHESIS (C) TO REQUIRE TWO PARKING SPACES PER
DWELLING UNIT AND BY AMENDING PAGE 1 OF 6 OF THE
OFFICIAL SCHEDULE OF DISTRICT REGULATIONS, RS-1;
RS-2 ONE FAMILY DETACHED RESIDENTIAL, USES AND
STRUCTURES, PRINCIPAL USES AND STRUCTURES,
PERMISSIBLE ONLY BY SPECIAL PERMIT, TO AMEND
PARAGRAPH 10 TO CHANGE THE AREA REQUIRED FOR
CLUSTER DEVELOPMENT FROM TWICE TO THREE TIMES THE
MINIMUM REQUIRED FOR THE DISTRICT AND SPECIFY
SPECIAL EXCEPTION RATHER THAN CLASS C SPECIAL
PERMIT- RG-1 GENERAL RESIDENTIAL (ONE AND TWO-
FAMILYS, USES AND STRUCTURES, PRINCIPAL USES AND
STRUCTURES BY TRANSFERRING PARAGRAPH 3 FROM USES
PERMISSIBLE GENERALLY TO USES PERMISSIBLE ONLY BY
SPECIAL PERMIT AND TO ALLOW A MAXIMUM OF THREE
SINGLE-FAMILY DWELLING UNITS TO BE ATTACHED OR
SEMI-DETACHED AND DELETING "BUT NOT MULTIPLE
DWELLINGS" AND AMENDING PARAGRAPH 2 OF USES
PERMISSIBLE ONLY BY SPECIAL PERMIT TO CHANGE THE
AREA REQUIRED FOR CLUSTER DEVELOPMENT FROM TWICE
TO THREE TIMES THE MINIMUM REQUIRED IN THE
DISTRICT AND TO SPECIFY SPECIAL EXCEPTION RATHER
THAN CLASS C SPECIAL PERMIT.
Upon being seconded by Mr. Eladio Armesto-Garcia, the
motion was passed and adopted by the following vote:
AYES: Ms. Hadley
Messrs. Lopez, Armesto-Garcia, Asmar,
Benjamin, Gomez, Manes, Pedraza and Simon
NAYES: None.
ABSENT: None.
Mr. McManus: Motion carries 9 to 0.
�?
Ms- October 15, 19069 Item 21i
Planning Advisory Bo
r