HomeMy WebLinkAboutO-095351011DINANCE NO. .9535
AN ORDINAI7CE' JVIENDING ORDINANCE NO. 6871,
AS AMENDED, THE COPIPREfill' "IS IVE ZONING
ORDINANCE FOR THE CITY OF MIIAMI, I3Y
AHLNDING ARTICLE X-1 ENTITLED "HICII DEN-
SITY MULTIPLE R-5A DISTRICTi'" 13Y ADDING A
NE4J SUBSLCTION (5) TO SECTION 3 (YARDS),
AND BY APIENDING SECTIONS 5 (FLOOR. AREA
RATIO) AND 6 ( LOT COVERAGE) ; FURTHUR 13Y
ADDING A NEVI SECTION 9 ENTITLED "SITE
PLAN REVIEW' TO SAID ARTICLE X •1; I3Y
PEPEALIIIG ALL ORDINANCES, CODE SECTIONS
OR PARTS THEREOF IN CONFLICT AND CO1.,1TAIN-
ING A SEVERABILITY CLAUSE.
WHEREAS, the Pliami Planning Advisory Board, at its
meeting of September 1, 1982, Item z1o. 7 following an adver-
tised hearing adopted Resolution No. PAI3-53-82 l)y a 4 tc 2
vote, RECOMI•IENDING APPROVAL of amending Comprehensive Zoning
Ordinance No. 6871, as hereinafter scat forth; and
FJEIEREAS, the City Commission after careful considera-
tion of this matter, deems it advisable and in the best
interest of the general welfare of the City of Miami and its
inhabitants to grant these amendments, as hereinafter set
forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. ARTICLE X-1, entitled "HIGH DENSITY
HULTIPLE R-5A DISTRICT," of Ordinance No. 6871, as amended,
the Comprehensive Zoning Ordinance of the City of Miami, is
hereby amended to read as follows: l/
"ARTICLE X-1-HIGH DENSITY MULTIPLE R-5A DISTRICT
Section .3. YARDS
(1) Front Yard:
l/ 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.
OPTIONAL SIDE" YARD REQUIRL'tIFNTS
In lieu of the side yard require-
ments above, a developer may elect
to be governed by the provisions of
this section with respect to side
yard requirements.
(a) When individually platted lots
have boon assembled into a unified
building site, the set -back re-
quirements of subsection (2) shall
be deemed satisfied regardless of
the height of the principal build-
ing, if the sum of the side yards
when stated as a percentage of lot
width, is at least equal to the
percentage stated in the following
table:
Haximum 'o of Lot width
Site Width
required for side set -backs
At
least
199
feet
73�
At
least
249
feet
71
At
least
299
feet
69%
At
least
349
feet
67%
At
least
399
feet
65%
(b) The foregoinq side set -back
provision may be satisfied by the
provision of side yards having
total area at least equal to the
area computed by use of the follow-
ing formula:
Required Side Yard Area = L x (R-F)
x Y
When "F" equals the shortest dis-
tance from the front lot line to a
line parallel to said lot line
which intersects the principal
building at the point where the
principal building is closest to
the .front lot line; and "R" equals
the shortest distance from the
front lot line to line parallel
to said front lot line which inter-
sects the principal building at the
Point where the principal building
is furthest from the front lot
line; "Y" equals the maximum per-
centage of lot width required for
side yard set -back determined from
the table above; and "L" is equal
to the lot width. "R", "F" and "L"
shall be stated in linear feet.
The area of the provided yards
shall be measured by determini�
the area provided between lines
parallel to the front lot line and
intersecting the principal building
at the points used for purposes of
determining "F" and "R" in the
foregoing equation, which is not
953,5
occupied by the principal building.
( c ) The t7equi.r. c (l S i d e Yard Area
stributed unevenly between
may be (Ti
the two side yards provided however
that no side yard shall have an
area less than 33 percent of the
minimum Side Yard Area and that no
portion of a building which is over
25 feet in height shall be closer
to the side lot line than 15 per-
cent of the lot width.
(d) The foregoing regulations are
applicable to principal buildings
only. Accessory structures may
encroach into the minimum side
yards required by this sub -section
provided they do not encroach into
the yards required by reason of
Section 3(4)(b) of the City Char-
ter."
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"Section 5. - FLOOR AREA RATIO
(a) The floor area ratio shall not ex -
Geed 2.0 except as herein provided.
(b) Maximum permitted floor area ratio
for any development shall be increased,
(1) .02 for every 50 square feet
of floor area that the average
size of dwelling units in the
development exceeds 700 square
feet up to a maximum floor
area ratio increase of .30;
and
(2) For the providing covered
parking in accordance with the
following table:
% of Provided Parking
which is covered FAR Increase
At least 50%, but less than 750 .25
At least 75%, but less than 900 .30
At least 90% .35
and
(3) .15 where the lot abuts a road
3
953 5
that is included in the State
system of Primary Highways and
a 70 foot strip of land
extending the full length or
width of the lot along said
road has been, or will be,
conveyed to the City by ease-
ment, dedication or warranty
deed for purposes Of the
service road contemplated by
Section 1 (1) of. this Article.
Section 6. LOT COVERAGE
The lot coverage shall not exceed the
following, cxcej.t when adjusted in
accordance with the second paragraph of
this section:
HEIGHT OF BUILDING PERCENT OF LOT AREA
20.0 feet or
less
30%
20.1 feet to
30.0 feet.
28%
30.1 feet to
40.0 feet
26`
40.1 feet to
50.0 feet
24%
50.1 feet to
60.0 feet
23%
60.1 feet to
70.0 feet
22%
70.1 feet to
80.0 feet
21%
80.1 feet to
90.0 feet
20%
90.1 feet to
100.0 feet
19%
100.1 feet to
110.0 feet
18%
110.1 feet to
120.0 feet
17%
120.1 feet to
130.0 feet
16%
130.1 feet to
140.0 feet
15%
140.1 feet to
170.0 feet
14%
170.1 feet to
180.0 feet
13%
180.1 feet to
200.0 feet
12%
_-_ 200.1 feet to
220.0 feet
11%
220.1 feet to
240.0 feet
10%
240.1 feet to
270.0 feet
9%
270.1 feet or
higher
8%
Whenever
rlaximum permitted
floor area
ratio has
been increased
by reason of
the application of the
provisions of
Article X-1, Section 5(b),
each of the
maximum
permitted lot coverage require-
ments (principal
building
and accessory
structure
and combined lot
coverage and
adjusted
lot coverage if
applicable)
shall be
increased by multiplying the
maximum
permitted lot covera e by a
fraction,
the numerator of
which is the
maximum
permitted floor
area ratio as
determined in accordance with Section 5
above and the demoninator of which is
2.0; provided that combined
lot coverage
may not
under any circumstances exceed
40 percent.
* * * * it
Section 2. Said Article X -1 is further amended by
adding a new Section 9 to said Article, to read as follows:
4
953 5
" �oction 9. - S I"M" AND DCVLLUPrtr•,NT PLAB?
(1)____riny :.lcveloi?ment crmil.tcd by this
district shall he r_edui.reci to have
the si.tc and dcvclo m-ent_L)lan rc-
viewe d by the Planning Department
before a building perriit is issued.
The dcvel.or.)er shall subr�.it the
materials required by Article IV,
Section 4 1 (?_) and (3). r11e yu.rz)ose
of development plan review is to
assure that development i.s in
accord with the following standards
as a prerequisite :for a buildi, 1
permit:
(a) Relation to major streets
Direct access should be pro-
vided to the site from minor
or major arterial streets
thereby minimizing the crea-
tion or generation of traffic
on local and collector streets
in surrounding residential
neighborhoods.
(b) Relation to public utilities
The project should he scaled
to existing public utilities,
or provide adequate and appro-
priate utilities to meet the
needs arising from the project
and assure their satisfactory
continued operation."
Section 2. That all Ordinances, Code Sections or
parts thereof in conflict herewith are hereby repealed
insofar as they are in conflict.
Section 3. Should any part or provision of this
Ordinance be declared by a court of competent jurisdiction
to be invalid, the same shall not affect the validity of the
Ordinance as a whole.
PASSED ON FIRST READING BY TITLE ONLY this qtj, day of
December , 1982.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 16thday of December
RALPH G. ONGIE
City Clerk
PREPARED A14D APPROVED BY:
JO L E. MAXWELL
A sistant City Attorney
1982.
Maurice A. Terre
MAURICE A. FERRE, Mayor
APP OVED AS 0 E'ORM AND CORRECTNESS:
1z
E R. GARCIA-PEDROSA
ty Attorney
JEM/wpc/6-Y/(2)
5
9535
Howard V. Gary
City Manager
Director
Planning and Zoning Boards
-___Administration. Department
DA7S: September 7, 1982 FILE:
cua.tEcr: ORDINANCE AMENDMENTS - RECOiMMENDED
REVISIONS TO ARTICLE X-1 (R-5A) SEC-
TIONS 3,5,6, and 8 ADDITION of
ZSFE'ENC=S: Section 9.
COMMISSION AGENDA - SEPTEMBER 23, 1982
PLANNIPIG AND ZONING ITEMS
"It is recommended that ARTICLE X-1, HIGH DENSITY
MULTIPLE - R-5A District —be amended by revising
Sections 3,5,6 and 8 respectively title,
FLOOR AREA RATIO, LOT COVERAGE and USEABLE OPEN
SPACE, and by adding a new Section 9 titled SITE
PLAN REVIEW."
The Planning Advisory Board, at its meeting of September 1, 1982, following an ad-
vertised Hearing, recommended approval of the above petition by a vote of seven to
zero.
Backup information is included for your review.
An ORDINANCE to provide for this Change of Zoning has been prepared by the City
Attorney's Office and submitted for consideration of the City Commission.
Gr:klm
cc: Law Department
NOTE: Planning Department recommendation: APPROVAL.
9535
ri
0
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department: August 9, 1982
PETITION 7) Consideration of amending Comprehensive Zoning
Ordinance 6871, ARTICLE X-1, HIGH DENSITY MULTIPLE -
R-5A DISTRICT by revising Sections 3, 5, 6 and 8
respectively titled YARDS, FLOOR AREA RATIO, LOT
COVERAGE and USEABLE OPEN SPACE, and by adding
a new Section 9 titled - SITE PLAN REVIEW.
REQUEST To modify the R-5A Zoning District to provide
more flexibility.
BACKGROUND There has been an indicated need to provide more
flexibility in the R-5A District regulations to
accommodate the innovative architectural solu-
tions for high -density multiple residential
buildings in the Brickell Area.
ANALYSIS
RECOMMENDATION
PLANNING
DEPARTMENT
PLANNING
ADVISORY BOARD
These proposed amendments provide:
--that the base Floor Area Ratio of 2.0 and
FAR bonus for large -size apartments are
maintained, provides additional FAR bonuses
for covered parking and provision of a
dedicated service road and eliminates the
FAR cap.
--that lot coverage requirements provide greater
flexibility over heights of 270 feet and pro
vides that lot coverage may be increased con-
sistent with FAR bonus up to a maximum of 400.
--that optional side yard requirements are pro-
vided to accommodate irregularly shaped
buildings or parcels.
--that a site and development plan shall be
approved by the Planning Department.
Approval
Approval, as amended by inserting language
on standards in Section 9 - Site and Development
Plan Review, on September 1, 1982, by a 7-0 vote.
19535
Howard V. Gary
;:R II:
Planning and Zoning Boards
,_-_--___AdmJ ni strati_on__Departmen
September 7, 1982 }'Lr`
E,—J, ORDINANCE AMENDMENTS - RECOMMENDED
REVISIONS TO ARTICLE X-1 (R-5A) SEC-
TIOIJS 3,5,6, and 8 ADDITION of
_F;.rL.,C_;, Section 9.
COi';MISSION AGENDA - SEPTEM3ER 23, 1982
PLANNING AND ZONING ITEM1S
"It is recommended that ARTICLE X-1, HIGH DENSITY
MULTIPLE - R-5A District be amende- by revising
Sections 3,5,6 and 8 respectively titleTl(�,
FLOOR AREA RATIO, LOT COVERAGE and USEABLE OPEN
SPACE, and by adding a new Section 9 titled SITE
PLAN REVIEW."
The Planning Advisory Board, at its meeting of September 1, 1982, following an ad-
vertised Hearing, recommended approval of the above petition by a vote of seven to
zero.
Backup information is included for your review.
An ORDINANCE to provide for this Change of Zoning has been prepared by the City
Attorney's Office and submitted for consideration of the City Commission.
GF:klm
cc: Law Department
NOTE: Planning Department recommendation: APPROVAL.
9535
0
TC> Howard V . Gary
City Manager
E
December 16, 1982
R-5A Amendments Workshop
F R;7M
Jct<-/s--el?h W.,McManusAgenda Item 1: 2:00 PMing Director City Commission Meeting —
Planning Department December 16, 1982 -
E
As requested by Mayor Ferre at first reading of the R-5A
Amendments Ordinance on December 9, 1982, a workshop was
held at 11:00 AM Wednesday, December 15, 1982, in the -
Committee -of -the -Whole Room in City Hall to clarify issues
and attempt to resolve differences among the interested
parties.
Participants included:
Mayor Maurice Ferre Tony O'Donnell
Janet Cooper Hervin Romney
Andrew Moriber Steve Peretz
Stanley Price Dan Paul
Martin Fine
For the Planning Department:
Joe McManus, Acting Director
Richard Whipple, Chief of Current Planning.
The meeting opened with the participants agreeing on the
following statements:
1. The R-5A Ordinance and any amendments will expire
with the effective date of the New Comprehensive
Ordinance 9500 on April 6, 1983.
2. Irrespective of the R-5A Ordinance, bayfront and
side setbacks of waterfront property are controlled
by Section 3 (4) (b) of the City Charter -- the
Waterfront Charter Amendment.
3. At this point in time and assuming compliance with all
City building requirements, the division of Building
and Zoning is prepared to issue a Certificate of
Occupancy for the Palace, Villa Regina and Imperial.
IR
Howard V. Gary -2- December 16, 1982
Mr. McManus stated that the Commission had established its policy
on development in the R-5A district through planned area develop-
ments and grant of variances and that the R-5A amendments reflected
the Commission's development policy.
Ms. Cooper listed her concerns over the amendments as follows: -
1. Height Limit - Height was not a controlling factor
but should be considered in concert with other. factors.
2. Side Yard Setbacks - Setback reductions as proposed are
excessive. There is no minimum side yard setback.
3. Accessory Structures - These structures (such as parking
garages) should not be permitted in side yards.
4. Floor Area Ratio - This ratio is partly based on submerged
land and intensifies upland development.
5. Floor Area Ratio Bonuses - Bonuses for covered parking,
dwelling unit sizes and dedication of a service road are
excessive. The developer will provide them anyway.
6. Site and Development Plan Review - The standards provided
are meaningless.
In response to these concerns, the following comments are made:
-- A height limit is not deemed necessary.
_ -- The setbacks reflect existing conditions and provide the
necessary flexibility for proper site development without
forcing stereotype development. -
-- The reference to accessory structures recognizes
existing development.
-- The floor area ratio and bonus proposed take into account
factors heretofore considered in allowing development
along this area of Brickell Avenue -- treatment of the
service road, larger unit sizes and site amenities. The
inclusion of water areas in such calculations is a matter
of existing law.
-- Site and development plan review reinforces the general
intent of the district and additional standards are not
necessary.
�'. ..F:J'.t.: ^t'^Gi•:+.t�err�^fv-r•'t� ra..rw..w �.
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County. Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Dianna Stuver, who on oath says that she is the Assistant to
the Publisher o1 the Miami Review and Daily Record, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
RE: ORDINANCE NO. 9535
Inthe .... X.. X.. X. I ............................ Court,
was published in said newspaper In the Issues of
Dec.23, 1982
Affiant further says that the sold Miami Review and Daily
Record is a newspaper published at Miami in said Dade County,
Florida, and that the said newspaper has heretofore been
continuously published In said Dade County, Florida, each day
(except Saturday, Sunday and Legal Holidays) and has been
entered as second class mail matter at the post office In
Miami in said Dade County, Florida, for a period of one year
next preceding the first publication of the attached copy of
advertisement; and affiant further says that she has neither
paid nor promised any person, firm or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
yLf:
Syforn to and subscribed before me this
23rd = ??.,....Dec.............. A.D. 19... 82
y of .".
.... at. oks
ry Public, Stele of Florida at Large
(SEAL)
My Commission explres'/JV,rig,1;' 193
CITY OF MIAMI,
DADE COUNTY, FLORIDA
LEGAL NOTICE
All interested will take notice that on the 16th day of December,
1982, the City Commission of Miami, Florida adopted the following
titled ordinances:
ORDINANCE NO. 9535
AN ORDINANCE AMENDING ORDINANCE NO. 6871.
AS AMENDED, THE COMPREHENSIVE ZONING ORDI-
NANCE FOR THE CITY OF MIAMI, BY AMENDING ARTI-
CLE X-1 ENTITLED "HIGH DENSITY MULTIPLE R-5A
DISTRICT" BY ADDING A NEW SUBSECTION (5) TO
SECTION 3 (YARDS), AND BY AMENDING SECTIONS 5
(FLOOR AREA RATIO) AND 6 (LOT COVERAGE); FUR-
THER BY ADDING A NEW SECTION 9 ENTITLED "SITE
PLAN REVIEW" TO SAID ARTICLE X-1; BY REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT AND CONTAINING A SEVER -
ABILITY CLAUSE.
ORDINANCE NO. 9536
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING ORDI-
I NANCE FOR THE CITY OF MIAMI, BY AMENDING ARTI-
CLE XV, ENTITLED "CENTRAL COMMERCIAL-C-3
DISTRICT," SECTION 2. ENTITLED "USE REGULATIONS,"
SUBSECTION (6.13), TO PERMIT INTERIM PARKING
LOTS ON PROPERTY ZONED LOTS OR PARCELS OF
LAND ON AND WITHIN 1500 FEET OF THE C-3
DISTRICTS, SUBJECT TO DEVELOPMENT STANDARDS,
ANNUAL REVIEW AND INSPECTION UNTIL JANUARY
1, 1985; BY REPEALING ALL ORDINANCES, CODE SEC-
TIONS OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO. 9537
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983) THE NEW ZONING ORDI-
NANCE FOR THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY AMENDING PARAGRAPH FOUR (4)
UNDER THE "PRINCIPAL USES AND STRUCTURES"
COLUMN, "CBD-1 CENTRAL BUSINESS DISTRICT: PER-
MISSIBLE ONLY BY SPECIAL PERMIT' SECTION
(PERMITTING INTERIM PARKING LOTS ON PROPERLY
ZONED LOTS OR PARCELS OF LAND ON AND WITHIN
1500 FEET OF THE CBD-1 DISTRICT, SUBJECT TO DEVEL-
OPMENT STANDARDS ON FILE AND ANNUAL REVIEW
AND INSPECTION UNTIL JANUARY 1, 1985) ON SHEET
FOUR (4) OF THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS MADE A PART OF SAID ORDINANCE
NO.9500, BY REFERENCE AND DESCRIPTION IN ARTI-
CLE III, SECTION 320, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
RALPH G. ONGIE
CITY CLERK
nR) CITY OF MIAMI, FLORIDA
Publ;caiion of this Notice on the 23 day of December 1982.
12/23 M82-122304
MR 116
011)INANCE NO. 19 i - J
T:1? ORDINAil(.'F AP;I;NDING 0RDII4Ai1C1NO. 6871,
�
AS A1•IEP4DI?D, T I I E, C0PIPRI,;IiF:�ISIVLa; ZONING
ORDINANCE !.,oil IfHF CITY OF MIAPFI, BY
AMENDING ARTICLE, X-1 ENTITLED "HIGH DEI1-
SI'PY PtULTIPCE R-5A DISTRIC`.P" BY ADDIIIG A
f'
dt;F� ` L113SI'CT IO'i1 (5) TO SFSCTIOiI 3 (YARDS) ,
ANC BY APIENDING SECTIONS 5 ( FLOOR AREA
- RATIO) AND 6 (LOT COVERAGE) ; FURTHER BY
r
ADDING A NBW SECTION 9 ENTITLED "SITE
PLAN REVIEW' TO SAID ARTICLE X-1; BY
REPEALIh1G ALL ORDINANCES, CODE SECTIONS
OR PARTS) 'PIiERI'OF IN CONFLICT AND CONTAIN-
- Ii1G A SEVERABILITY CLAUSE.
fi
WHEREAS, ttie Niami Planning Advisory Board, at its
meeting of September 1, 1982, It.em J:1o. 7 following an adver.-
_
tiled hearing adopted Resolution 'vIo. PA};-53-82 _�y a 4 tc 2
vote, RECOMMENDING APPROVAL of amending Comprehensive Zoning
Ordinance No. 6871, as hereinafter set forth; and
U11EREAS, the City Commission after careful considera-
tion of this matter, deems it advisable and in the best
interest of the general welfare of -the City of Iliani and its
a inhabitants to grant these amendments, as hereinafter set
forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAh1I, FLORIDA:
Section 1. ARTICLE X-1, entitled "HIGH DENSITY
HULTIPLE R-5A DISTRICT," of Ordinance No. 6871, as amended,
the Comprehensive Zoning Ordinance of the City of Hiami, is
hereby amended to read as follows: l/
"ARTICLE X-1-IIIG11 DENSITY MULTIPLE R-5A DISTRICT
Section 3. YARDS
(1) Front Yard:
h
l/ Uords and/or figures stricken through shall be deleted.
Underscored words and/or figures shall l)e added. The
remaining provisions are now in effect and remain
unchanged. Asterisks indicate emitted and unchanged
material.
)RDTNANCF * PTO. (P 5 J
ANI ORDINANCI': APIENDING ORDINANCE No. 6871,
AS AHEN1)ED, `.I'IIL C0MPREIiENSIVE ZONING
ORDINANCE FOR THE CITY OF MIAMI, 13Y
AHEIflDTNG ARTICLE X-1 ENTITLED "PITCH DEN-
SITY '1UF T1P1JE R-5A DISTRICT" 11Y ADDII,47G A
NEW SUBSECTION (5) TO SUCTION 3 (YARDS) ,
AND BY APIE'NDING SECTIONS 5 (FLOOR AREA
PATIO) AND 6 ( LOT COVERAGE) ; FUKTHER BY
ADDING A NME V' SECTION 9 CNTITLED "SITE
PLAN REVIEW" TO SAID ARTICLE X-1; 13Y
RTIPIALING ALL ORDINANCES, CODE SECTIONS
OR PARTS "HEREOF IN CONFLIC`i' AND CONTAIN-
ING A SEVERABILITY CLAUSE.
t]IIEREAS, tiie Miami Planning Advisory ficar_d, at its -
meeting of September 1, 1982, Item No. 7 following an adver-
tised hearing adopted Resolution No. PAB-53-82 by a 4 to 2
vote, RECOM1,4ENDING APPROVAL of amending Comprehensive Zoning
Ordinance No. 6871, as hereinafter s(�t forth; and
WHEREAS, the City Commission after careful considers- -
i-
I
tion of this matter, deems it advisable and in the best
interest of the general welfare of the City of Miami and its -
inhabitants to grant these amendments, as hereinafter set
forth;
NOW, THEREFORE, BE I`I' ORDAINED BY THE CONik9ISSION OF TEIE
CITY OF PIIAt.1I, FLORIDA:
Section 1. ARTICLE X-1, entitled "HIGH DENSITY
HULTIPLE R-5A DISTRICT," of Ordinance No. 6871, as amended,
the Comprehensive Zoning Ordinance of the City of Miami, is
hereby amended to read as follows: l/
"ARTICLE X-1-I1IGH DENSITY MULTIPLE R-5A DISTRICT
Section 3. YARDS
(1) Front Yard:
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 01nitted and unchanged
material.
( 5 ) OPTIONAL, SIDE YARD REQUI REMFN'PS
In l� err of the side yard r_eduire-
ments above, ci developer may elect
to be governed by the provisions of
this section with respect to side
yard requirements.
(a) Mien individually platted lots
liave been assembled into a unified
building site, the set -back re-
quirements of subsection (2) shall
he deemed satisfied regardless of
the heiglit of the principal build-
ing, if the sum of the side yards
when stated as a percentage of lot
width, is at least equal to the
Dercentage stated in the following
table:
Site Width
At least 199 feet
At least 249 feet
At least 299 feet
At least 349 feet
At least 399 feet
r1aximum of Lot width
required for side set -backs
73%
716
6 9'0
67" a
65%
(ID) The foregoing side set -back
provision may be satisfied by the
provision of side yards having
total area at least equal to the
area computed by use of the follow-
ing formula:
Required Side Yard Area = L x (R-F
x Y
When "F" equals the shortest dis-
tance from the front lot line to a
line parallel to said lot line
which intersects the principal
building at the point where the
principal building is closest to
the front lot line; and "R" equals
the shortest distance from the
front lot line to line parallel
to said front lot line which inter-
sects the principal building at the
point where the principal building
is furthest from the front lot
line; "Y" equals the maximum per-
centage of lot width required for
side yard set -back determined from
the table above; and "L" is equal
to the lot width. "R", "F" and "L"
shall be stated in linear feet.
The area of the provided yards
shall be measured by determining
the area provided between lines
parallel to the front lot line and
intersecting the principal building
at the points used for purposes of
determining "F" and "R" in the
foregoing equation, which is not
2
853,5
0 #
eccuAed by the principal buildi_no.
( c ) _ 'Pilo ReC u i red S ide Yard Area
may he distributed unevenly between
the two side yards provided however
that no side yard shall have an
area less than 33 percent of the
rninimum Side Yard Area and that no
portion of a building which is over,
25 feet in height shall be closer
to the side lot line than 15 per-
cent of the lot width.
(d) The foregoing regulations are
applicable to principal buildings
only. Accessory structures may
encroach into the minimum side
yards required by this sub -section
provided they do not encroach into
the yards required by reason of
Section 3(4)(b) of the City Char_ -
ter."
-'beet€ems-�-----EE6HR-AREA-RA��A-{ARB--�6$9}
eke--€€ee�-area--eat€e--ska€€-�le�-e�teeee�
r€ee�-area--�a�}e--slap--]�e--�r�e�eaeeel-k�*
€€eee--area--�ka�--eke--a�e�age-d�ae€€€ag
t�fl€�--e€�e-}s-€ae�easeel-a3�e�*e-ae-a�ae�ae3e
e€--ee*�eH--kt�ec��eel-��99}-sc�tta�e-€eel-�e�
aa€�--€e�-aap-eee-ele�e�e��ea�;-kt��-€a-tee
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emeeec-?-2-ii8--'
"Section 5. - FLOOR AREA RATIO
(a) The floor area ratio shall not ex-
ceed 2.0 except as herein provided.
(b) Maximum permitted floor area ratio
for any development shall be increased,
(1) .02 for every 50 square feet
of floor area that the average
size of dwelling units in the
development exceeds 700 square
feet up to a maximum floor
area ratio increase of .30;
and
(2) For the providing covered
parking in accordance with the
following table:
of Provided Parking
which is covered FAR Increase
At least 50%, but less than 75% .25
At least 75%, but less than 900 .30
At least 90% .35
and
3) .15 where the lot abuts a road
3
953 5
that is included iri the .Mate
system of Primary 1Eighway.-, and
a 70 foot strip; of lan(I
extending the full length or
width of the lot along said
road has been, or will be,
conveyed to the City by ease-
ment, dedication or warranty
deed for purposes of the
service road contemplated by
Section 1 (1) of this Article.
Section 6. LOT COVERAGE
The lot coverage shall not exceed the
following, except when adjusted in
accordance with the second paragraph of
t h i r. -,ori- i nn
HEIGHT OF BUILDING PERCENT OF LOT AREA
20.0
feet
or
less
30%
20.1
feet
to
30.0
feet
28%
30.1
feet
to
40.0
feet
26%
40.1
feet
to
50.0
feet
24%
50.1
feet
to
60.0
feet
23%
60.1
feet
to
70.0
feet
22%
70.1
feet
to
80.0
feet
21%
80.1
feet
to
90.0
feet
20%
90.1
feet
to
100.0
feet
19%
100.1
feet
to
110.0
feet
18%
110.1
feet
to
120.0
feet
17%
1.20.1
feet
to
130.0
feet
160
130.1
feet
to
140.0
feet
15%
140.1
feet
to
170.0
feet
14%
170.1
feet
to
180.0
feet
13%
180.1
feet
to
200.0
feet
12%
200.1
feet
to
220.0
feet
11%
220.1
feet
to
240.0
feet
10%
240.1
feet
to
270.0
feet
9%
270.1
feet
or
higher
8%
Whenever Maximum permitted floor area
ratio has been increased by reason of
the application of the provisions of
Article X-1, Section 5(b), each of the
maximum permitted lot coverage require-
ments (principal building and accessory
structure and combined lot coverage and
adjusted lot coverage if applicable)
shall be increased by multiplyinq the
maximum permitted lot coverage by a
fraction, the numerator of which is the
maximum permitted floor area ratio as
determined in accordance with Section 5
above and the demoninator of which is
2.0; provided that combined lot coverage
may not under any circumstances exceed
40 percent.
Section 2. Said Article X-1 is further amended by
adding a new Section 9 to said Article, to read as follows:
4
9535
0
"3ocLion 9. - SITE, PLAN REVIUIO
ermi.t:ted- by this
district shall be required to have
the 5it_and development l,lan re-
viewed by the Planninq Department
befo.r.e a building pernit is issued.
The devsha1 ]. submit_ the
materials re(]u.ir_ed by Article IV,
Section 4 1 (2) and (3). The purpose
of deve10pme_rit plan review is to
assure that development i:, in
accord with the following standards
as a 1)rerequisite for a building
permit:
(a) Relation to major_ street:
Direct access_ should be pro-
vided to the site from minor
or major arterial streets
thereby minimizing the crea-
tion or generation of traffic
on local and collector streets
in surrounding residential
neighborhoods
b) Relation to public utilities
The r rolect should he scaled
to existing public utilities,
or provide adequate and appro-
priate utilities to meet the
needs arising from the project
and assure their satisfactory
continued aeration."
Section 2. That all Ordinances, Code Sections or
parts thereof in conflict herewith are hereby repealed
insofar as they are in conflict.
Section 3. Should any part or provision of this
Ordinance be declared by a court of competent jurisdiction
to be invalid, the same shall not affect the validity of the
Ordinance as a whole.
PASSED Ot. FIRST READING BY TITLE OMLY this ot-1,_ day of
December , 1982.
PASSED AND ADOPTED Oi-t SECOND AND FILIAL READING BY TITLE
ONLY this 1Gth day of December
�A
RALPH G. ONGIE
City Clergy;
PREPARED AND APPROVED BY:
JO �L E . MAXW91,L
A sistant City Attorney
1982.
Maurice A. Ferre
MAURICE A. FERRE, Mayor
APP OVED AS TO FORt4 AND C0RRECTNESS:
It-ocz
V_AZov�
'E R. GARCIA-PEDROSA
ty Attorney
JEM/wpc/6-Y/(2)
5 cy
to
5
.q:..
Howard V. Gary
Planning and Zoning Boards
Administration_Department
111.11,11. ^LOrll A
DATEi September 7, 1982 FILE:
5U?JEGT: ORDINANCE AMENDKNTS - RECOMMENDED
REVISIONS TO ARTICLE X-1 (R-5A) SEC-
TIONS 3,5,6, and 8 ADDITION of
Z E:FE:ENC_5: Section 9.
COMMISSION AGENDA - SEPTEM3ER 23, 1932
PLANNING AND ZONING ITEMS
"It is recommended that ARTICLE X-1, HIGH DENSITY
MULTIPLE - R-5A District be amended by revising
Sections 3,5,6 and 8 respectively title-d-YA;
FLOOR AREA RATIO, LOT COVERAGE and USEABLE OPEN
SPACE, and by adding a new Section 9 titled SITE
PLAN REVIEW." -
The Planning Advisory Board, at its meeting of September 1, 1982, following an ad-
vertised Hearing, recommended approval of the above petition by a vote of seven to
zero.
Backup information is included for your review.
An ORDINANCE to provide for this Change of Zoning has been prepared by the City
Attorney's Office and submitted for consideration of the City Commission.
GF:klm
cc: Law Department
NOTE: Planning Department recommendation: APPROVAL.
953 5
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department: August 9, 1982
PETITION 7) Consideration of amending Comprehensive Zoning
Ordinance 6871, ARTICLE X-1, HIGH DENSITY MULTIPLE -
R-5A DISTRICT by revising Sections 3, 5, 6 and 8
respectively titled YARDS, FLOOR AREA RATIO, LOT
COVERAGE and USEABLE OPEN SPACE, and by adding
a new Section 9 titled - SITE PLAN REVIE.%.
REQUEST To modify the R-5A Zoning District to provide
more flexibility.
BACKGROUND There has been an indicated need to provide more
flexibility in the R-5A District regulations to
accommodate the innovative architectural solu-
tions for high -density multiple residential
buildings in the Brickell Area.
ANALYSIS These proposed amendments provide:
RECOMMENDATION
PLANNING
DEPARTMENT
PLANNING
ADVISORY BOARD
--that the base Floor Area Ratio of 2.0 and
FAR bonus for large -size apartments are
maintained, provides additional FAR bonuses
for covered parking and provision of a
dedicated service road and eliminates the
FAR cap.
--that lot coverage requirements provide greater
flexibility over heights of 270 feet and pro—
vides that lot coverage may be increased con-'
sistent with FAR bonus up to a maximum of 400.
--that optional side yard requirements are pro-
vided to accommodate irregularly shaped
buildings or parcels.
--that a site and development plan shall be
approved by the Planning Department.
Approval
Approval, as amended by inserting language
on standards in Section 9 - Site and Development
Plan Review, on September 1, 1982, by a 7-0 vote.
953 5
C17Y ,_
IT it NiC)i=z/�r4DU
rs �i
_..------------ - � December 16, 1982
-o Howard V. Gary workshop
City Manager _ R-5A Amendments
Howard V. Gary
FRCS t:
r;
lU` �ITY Ci
Planning and Zoning Boards
________Admi ni strati_on_.,Departmen
,A-,Z:: September 7, 1982 r'LE
��- ORDINANCE AMENDMENTS - RECOMMENDED
REVISIONS TO ARTICLE X-1 (R-5A) SEC-
TIONS 3,5,6, and 8 ADDITION of
FCR 1:NC=S: Section 9.
CO,M11ISSION AGENDA - SEPTEI1,3ER 23, 1982
PLANNING AND ZONING ITE14S
® "It is recommended that ARTICLE X-1, HIGH DENSITY
MULTIPLE - R-SA District be amended by revising
— Sections 3,5,6 and 8 respectively title Y3�;
FLOOR AREA RATIO, L0T COVERAGE and USEABLE OPEN
SPACE, and by adding a new Section 9 titled SITE
PLAN REVIEW."
The Planning Advisory Board, at its meeting of September 1, 1982, following an ad-
vertised Hearing, recommended approval of the above petition by a vote of seven to
zero.
Backup information is included for your review.
An ORRDINANCE to provide for this Change of Zoning has been prepared by the City
Attorney's Office and submitted for consideration of the City Commission.
GF :klm
cc: Law Department
NOTE: Planning Department recommendation: APPROVAL.
- 953 5
isR1::.it
in
Howard V. Gary
Planning and Zoning Boards
ni_strat_i_on..D.epartmen
September 7, 1982 F,IL1::
ORDINANCE AMENDMIENTS - RECOMMENDED
REVISIONS TO ARTICLE X-1 (R-5A) SEC-
TIONS 3,5,6, and 8 ADDITION of
>-_ci_,r, r•!4 _;; Section 9.
COi,`MISSION AGENDA - SEPTEI,13E Z 23, 1982
PLANNIING AND ZONING ITEMIS
"It is recommended that ARTICLE X-1, HIGH DENSITY
MULTIPLE - R-5A District be amende by revising
Sections 3,5,6 and 8 respectively title_dYam,
FLOOR AREA RATIO, L0T COVERAGE and USEABLE OPEN
SPACE, and by adding a new Section 9 titled SITE
PLAN REVIEW."
The Planning Advisory Board, at its meeting of September 1, 1982, follo'aing an ad-
vertised Hearing, recommended approval of the above petition by a vote of seven to
zero.
Backup information is included for your review.
An ORDINANCE to provide for this Change of Zoning has been prepared by the City
Attorney's Office and submitted for consideration of the City Commission.
GF:klm
cc: Law Department
NOTE: Planning Department recommendation: APPROVAL.
9535
To Howard V. Gary
City Manager
s—W-ly 4e�seph cd. McManus
-Acting Director
Planning Department
r.1r�i�r�;zi�r�Du�-j
• E December 16, 1982 'ICI
R-5A Amendments Workshop
Agenda Item 1: 2:00 PM
City Commission Meeting
December 16, 1982
As requested by Mayor Ferre at first reading of the R-5A
Amendments Ordinance on December 9, 1982, a workshop was
held at 11:00 AM Wednesday, December 15, 1982, in the
Committee -of -the -Whole Room in City Hall to clarify issues
and attempt to resolve differences among the interested
parties.
Participants included:
Mayor Maurice Ferre Tony O'Donnell
Janet Cooper Hervin Romney
Andrew Moriber Steve Per_etz
Stanley Price Dan Paul
Martin Fine
For the Planning Department:
Joe McManus, Acting Director
Richard Whipple, Chief of Current Planning.
The meeting opened with the participants agreeing on the
following statements:
1. The R-5A Ordinance and any amendments will expire
with the effective date of the New Comprehensive
Ordinance 9500 on April 6, 1983.
2. Irrespective of the R-5A Ordinance, bayfront and
side setbacks of waterfront property are controlled
by Section 3 (4) (b) of the City Charter -- the
Waterfront Charter Amendment.
3. At this point in time and assuming compliance with all
City building requirements, the division of Building
and Zoning is prepared to issue a Certificate of
Occupancy for the Palace, Villa Regina and Imperial.
a
Howard V. Gary -2- December 16, 1982
Mr. McManus stated that the Commission had established its policy
on development in the R-SA district through planned area develop-
ments and grant of variances and that the R-5A amendments reflected
the Commission's development policy.
Ms. Cooper listed her concerns over the amendments as follows:
1. Height Limit - Height was not a controlling factor
but should be considered in concert with other factors.
2. Side Yard Setbacks - Setback reductions as proposed are
excessive. There is no minimum side yard setback.
3. Accessory Structures - These structures (such as parking
garages) should not be permitted in side yards.
4. Floor Area Ratio - This ratio is partly based on submerged
land and intensifies upland development.
5. Floor Area Ratio Bonuses - Bonuses for covered parking,
dwelling unit sizes and dedication of a service road are
excessive. The developer will provide them anyway.
6. Site and Development Plan Review - The standards provided
are meaningless.
In response to these concerns, the following comments are made:
-- A height limit is not deemed necessary.
-- The setbacks reflect existing conditions and provide the
necessary flexibility for proper site development without
forcing stereotype development. _
-- The reference to accessory structures recognizes
existing development.
-- The floor area ratio and bonus proposed take into account
factors heretofore considered in allowing development
along this area of Brickell Avenue -- treatment of the
service road, larger unit sizes and site amenities. The
inclusion of water areas in such calculations is a matter
of existing law.
-- Site and development plan review reinforces the general
intent of the district and additional standards are not
necessary.
,; ,,4,�,�s-7o�:• maa:.isszi::atiec•-.n-�.s^.-�ua.a...a,..... .. a�.....�...�._.......,_.. .»._...:... .. ,.,,__....,... ... ,.. -... .. _.. ._... __ �. .... ._. .,. ...._•__-
Nlp 116
MIAMI REVIEW
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Dianna Sluver, who on oath says that she is the Assistant to
the Publisher of the Miami Review and Daily Record, a daily
(except Saturday, Sunday and Legal Holidays) newspaper,
published at Miami In Dade County, Florida; that the attached
copy of advertisement, being a Legal Advertisement of Notice
In the matter of
CITY OF MIAMI
RE: ORDINANCE NO. 9535
Inthe .... X.. X.. X ............................. Court,
was published in said newspaper In the Issues of
Dec.23, 1982
Alfiant further says that the said Miami Review and Deily
Record is a newspaper published at Miami in said Dade County,
Florida, and that the said newspaper has heretofore been
continuously published in said Dade County, Florida, each day
(except Saturday, Sunday and Legal Holidays) and has been
entered as second class mail matter at the post office in
Miami in said Dade County, Florida, for a period of one year
next preceding the first publication of the attached copy of
advertisement; and affiant further says that she has neither
paid not promised any person, fine or corporation any discount,
rebate, commission or refund for the purpose of securing this
advertisement for publication in the said newspaper.
Syrorn to and subscribed before me this
23rd y of . 4 ' .. Dec. .... A.D, ts.. 82
at
oks
ty Public, Stale of Florida at Large
(SEAL)
My Commission explreY/Jpn@'1, 1963..
CITY OF MIAMI,
DADE COUNTY, FLORIDA
LEGAL NOTICE
All interested will take notice that on the 16th day of December,
1982. the City Commission of Miami, Florida adopted the following
titled ordinances:
ORDINANCE NO. 9535
AN ORDINANCE AMENDING ORDINANCE NO. 6871.
AS AMENDED, THE COMPREHENSIVE ZONING ORDI-
NANCE FOR THE CITY OF MIAMI, BY AMENDING ARTI-
CLE X-1 ENTITLED "HIGH DENSITY MULTIPLE R-5A
DISTRICT" BY ADDING A NEW SUBSECTION (5) TO
SECTION 3 (YARDS). AND BY AMENDING SECTIONS 5
(FLOOR AREA RATIO) AND 6 (LOT COVERAGE); FUR.
THER BY ADDING A NEW SECTION 9 ENTITLED "SITE
PLAN REVIEW" TO SAID ARTICLE X-1; BY REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS
THEREOF IN CONFLICT AND CONTAINING A SEVER -
ABILITY CLAUSE.
ORDINANCE NO. 9536
AN ORDINANCE AMENDING ORDINANCE NO. 6871,
AS AMENDED, THE COMPREHENSIVE ZONING ORDI-
NANCE FOR THE CITY OF MIAMI, BY AMENDING ARTI-
CLE XV, ENTITLED "CENTRAL COMMERCIAL-C-3
DISTRICT," SECTION 2. ENTITLED "USE REGULATIONS,"
SUBSECTION (6.13), TO PERMIT INTERIM PARKING
LOTS ON PROPERTY ZONED LOTS OR PARCELS OF
LAND ON AND WITHIN 1500 FEET OF THE C-3
DISTRICTS, SUBJECT TO DEVELOPMENT STANDARDS,
ANNUAL REVIEW AND INSPECTION UNTIL JANUARY
1, 1985; BY REPEALING ALL ORDINANCES, CODE SEC-
TIONS OR PARTS THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO. 9537
AN ORDINANCE AMENDING ORDINANCE NO. 9500
(EFFECTIVE APRIL 6, 1983) THE NEW ZONING ORDI.
NANCE FOR THE CITY OF MIAMI, FLORIDA, AS
AMENDED, BY AMENDING PARAGRAPH FOUR (4)
UNDER THE "PRINCIPAL USES AND STRUCTURES"
COLUMN, "CBD-1 CENTRAL BUSINESS DISTRICT: PER-
MISSIBLE ONLY BY SPECIAL PERMIT" SECTION
(PERMITTING INTERIM PARKING LOTS ON PROPERLY
ZONED LOTS OR PARCELS OF LAND ON AND WITHIN
1500 FEET OF THE CBD-1 DISTRICT, SUBJECT TO DEVEL-
OPMENT STANDARDS ON FILE AND ANNUAL REVIEW
AND INSPECTION UNTIL JANUARY 1, 1985) ON SHEET
FOUR (4) OF THE OFFICIAL SCHEDULE OF DISTRICT
REGULATIONS MADE A PART OF SAID ORDINANCE
NO.9500, BY REFERENCE AND DESCRIPTION IN ARTI-
CLE III, SECTION 320, THEREOF; BY REPEALING ALL
ORDINANCES, CODE SECTIONS, OR PARTS THEREOF
IN CONFLICT AND CONTAINING A SEVERABILITY
CLAUSE.
RALPH G. ONGIE
CITY CLERK
nq) CITY OF MIAMI, FLORIDA
Pubkcation of this Notice on the 23 day of December 1982.
12123 M82.122304
MR lie