HomeMy WebLinkAboutO-09510THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING
SECTION 235 "t)�OCK8, WHARVES, AND 1)OCXAGW',5 OF
ARTICLE IV "GENERAL PROVtSIONV5 Or SAID ORDINANCE
MORE PARTICULARLY BY AMENDING THE FIRST AND SECOND
UNNUMBERED PARAGRAPHS Or SUBSECTION (2) OF SAID
SECTION 23 AND PARAGRAPH (a) Or, SAID SUBSECTION (2)
AND SUtPAAAGRAPRS 2 AND I OF PARAGRAPH (b) OFSEC
-
TION 2 OF SAID SECTION 21, PROVIDING THEREBY FOR
THE INCLUSION or, THE C-1 ZONING DISTRICT AMONG
-
ZONING DISTRICTS TO W141CH SIDE PROPERTY LINE SET
BACKS APPLY, FURTHER PROVIDING FOR THE DELETION
THEREFROM OF.CERTAIN TERMS REGARDING BULKHEAD AND
WATERWAY LINES AND THE SUBSTITUTION OF CERTAIN TERMS
THEREFOR,, AND FURTHER PROVIDING THAT LIMITATIONS
APPLYING TO PROJECTIONS IN WATtRWAYS,AL80 APPLY TO
CANALS; FURTHER PROVIDING THAT FOR PROPERTY IN THE
R-5, R"5A, AND R-CB ZONING DISTRICTS ABUTTING A
PUBLIC RIGHT-OF-WAY OR PUBLIC RIGHT-OF-WAY EXTENDED,
OR OTHERWISE PUBLICLY ACCESSIBLE BY EASEMENT OR OTHER
APPROVED GRANT, THE SETBACK REQUIREMENTS MAY BE
MODIFIED OR SET ASIDE PROVIDED THAT.A PUBLIC BENEFIT
IS PROVIDED WHICH IS ACCESSIBLE TO THE, PUBLIC AND BY
PROVIDING THAT THE ZONING BOARD SHALL ASSURE THAT
ADJACENT PROPERTIES AND THE PUBLIC OBTAIN REASONABLE
WATER ACCESS, AND THAT ALL ACCESS DOCUMENTS SHALL BE
ACCEPTABLE TO THE CITY LAW DEPARTMENT AS TO LEGAL
FORM AND SUFFICIENCY, CONTAINING A REPEALER PROVISION
AND A SEVtRABILITY CLAUSE.
WHEREAS, the Miami Planning Advisory Board, at its meet-
ing of March 17, 1982, following,an advertised hearing, adopted
:Resolution No. PAB 21-82 by a'7-0 vote RECOMMENDING APPROVAL
of amending Comprehensive Zoning Ordinance No. 6871; as herein-.,
after set forth; and.
WHEREAS, the City Commission, after careful.consideration
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 this amendment as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED By THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. Subsection (2) of, Section 23, "DOCKS, WHARVES
R AND DOCKAGE", of ARTICLE IV, "GENERAL PROVISIONS",.'of Ox d i -
nance No. 6871, the Comprehensive Zoning, Ordinance for the' -
City of Miami, as amended, is hereby amended in the following
particulars;
"ARTICLE IV GENERAL PROVISIONS
---------- --------
l/ Words and/or figures stricken tbr ougb ribaU be delem&, Unde��siaor�'d
words and/or figures constitute the amendment Proppggd,' Tlip,
ing provisions are now in effect and remain unchn,
e ged, A 6
indicate omitted and unchanged material;.:;
Section 1, CONf IC'1NO RM1JLMON8
Ilk
* *.
t-
t
Section 23,- DOCKS, WAARVKs,ANh DOCKAGR
The following regulations shall applyt
(2) In R=1, R-1A, R-1B', R'=2, R-PD, R-3, R-3A, R--4, R-5,
R-5A, R-C, Cal, R-CB and R-CA districts, and on any '
property adjoining any of the aforementioned dis=
tricts,.no docks or piers5 including mooring piles,
catwalks and other appurtenances, shall be construc-
ted closer to property lines, or property line
extended, than a distance equal to five percent of
the width of the lot, but in no case closer than
ten feet, except as may be hereinafter provided.
In all districts, projections of docks or piers,
including mooring piles', catwalks, and .other appur-
tenances, into waterways beyond the established -Dade
Gettntry-bttlkkead=line; -er-waterway line -{bank -line}
existing seawall or mean high.water line or ordi-
nary .high water line, }€=tie-btt4k'head-line-emises-
shall be limited as follows:
(a) Inland waterways or canals: ten (10) feet,
providing, however, that in.no case shall
a dock or pier project more 'than ten (10)
percent of the width of the waterway or
canal..
(b) Biscayne Bay:- twenty-five (25) feet, provided,
however, that the Zoning Board may grant,'as a
_
"Conditional Use" the further extension of a
dock or pier into Biscayne Bay in districts
other than R-1, R-lA, R-lB, R-2, R-1, R-3A,,R-PD,,
and R-CA subject to the'following restrictions:
2. In approving the -site plans, the.Board'shall
—
consider among other factors, the size,
location, design, and extent of use.of dock
or pier facilities in..relation to the other
uses and conditions on the site and in rela=
tion to the Bay, the effects, on the use and
enjoyment of adjoining and, nearby . properties;
the effects on navigation and ,boat traffic,
the public benefit to be served, and .appear-'
ance.
3. In any residential district, unless -otherwise
exluded in this'paragraph hereinafter, and on
any property adjoining any, resideritial`dis_.
trict, there shall..be,required; in addition71
to the initial setback"of five (5) percent'of
the width of ,the lot or ten (10) feet minimum,
an additional' one (1) foot setback for each
two and one-half-(2-1/2) feet of dock or,'pier,:
extension beyond twenty-five'(25) feet._: Not-
withstanding the above, however, for any
property in the R-5,: R-5A and R-CB Distri'ctsl/
abutting a public right-of-way or public,right''
of -way extended .or otherwise publicly accessible
by easement or other approved rant, the minimum,a
and :ad a.ti.onal' set ac • .regtaaxaments may. e 'mo i�
Pied or set 5s17Je Uitless,'Ot}ierwise Soiijort'h lis10W
'.
-CITY
l/ ATTORNEY'S�NOTE; TThe�attention of the 'City Commis6ion. is 'dirgagd:
:f
to the Planning Advisory Board's approval. having .been based on the
:1
absence of R-5 and R-5A Districts from this .proposed amendatory spgtenca
s_
x
said two Districts having been inc.1 ded in the orig�n'I }'�t�t�an.ss:pra�;
stinted by the Planning Department,
4
{
tiavidod.".that." a ittili� tietiet"it is: l i ed �olr,ioli..'is
accessible tt tl iiublic fdr saacl itxi''t�e„i1ltldl
but not '11.1iiited to _rl 171if�11c dOlk.3 piib,l,icfl.ghin
i71el� of pub ,1 i C lia.yw lk, and Under the fol lotvitlg
circumstances "
(a) bayw l.k ,j, boardwalks and i.rterwalks u _p d i
mately„parallel .to the existing seen
high Water line or ordinary, high water line,
or �-
(b) t.ers or boardwalks (without vessel „moo
ring)
bait" only i f adjacent to a pub 1i.c right -of= .
way or public right-of-way extended, or
(c) all other docks or piers or accompanying
structures _(With or without vessel mooring),
however, these structures must maintain"the
minimum ten (10) foot setback in all,cases4
— The "Board shall assure that adjacent" Properties . .
and the public obtain reasonable water aCCC55.
All access documents shall be acceptable to the
Law Department as to legal form and sufficiency.„
Section 2. All ordinances or parts of ordinances insofar as they
are inconsistent or in conflict with the provisions of this ordinance are
hereby repealed.
Section 3. 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 22nd day, of April ;
1982.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY ,TITLE"ONLY this 28th
day of October , 1982.
Maurice A' Ferry
MAURICE'A. FERRE.,MAYOR
MIAMI REVIEW
ANb DAILY htCORb
Published Daffy except Saturday, Sunday and
Legal Holiday!
MIAMI, bade County, Florida.
STATE OF. PLO RIDA
COUNTY OF DADS
befora the undersigned authority personally appeared .
Octelma V. Farb", who on oath says that she Is the Supervisor,
Legal Advertising of the Miami Review and Daily Record, a
daily (except Saturday, Sunday and Legal Holiday*) 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. 9510
X X Y
Inthe.......................................Court,
was published In said newspaper In the Issues of
Nov.3,1982
AHlant further' says thatthe sold Miami Review and Daily
Rom Is a newspaper published at Miami in said Dade County,
Florida, and that the said newspaper has hotel ., been
continuously published In said Dods County, Florida; each day
(except Saturdsy/ Sunday and Legal Hoiidays►.and has been
emend as. second class mall matter:, at .the post office In
Miami In said Dade County,; Florida, for a period of one year
next preceding the tint publication of " the attached copy of
advertisement: and afffant further, says that she has neither
paid nor promised any person, firm or corporation eny discount,
rebate commission or refund foras sa of securing this
adve ent for publication I said wspaper.
,Swom to -mind subi bed before me this
day '°Joy. Ao. 1s:.. 82
3rd
:;...- setty.d. Brooks
Notary Public, Stalk of ,Florida at Large
(SEAL) •,%�t ��� . • ' .
My Commission e><dirgt},ILn: h; it183
U iifttl�l
�spRitlpf,{��.N„9rr�p;F,pwtnrluu.�ar5'r,.W.. -. .
601016UNrti►;'lkL gi1�A
LEGAL NO 11611
All ihI066ted Will tAkh_nntied that dh lha 28tlh day 61 0616bot,
1882, the City G6hiM18§16h 61 Miaft'il, Fldrldh 9dboted the 16116wft
titled ISi'HihhhCaffi: -
_
ORDINANCt NO. §906'.
AN ORbINANCE'"AMENDING ORbINANC€ NO. 681i,.A6 ..
■
AMENDED, tHE' COM#AtHENSIVE 20N,iNO 'ORDINANCE
FOR,THE CITY bF MIAMI, BY CHANGING THE 20NING, ;!
bwslFICATiON OF THE AREA LOCATED APPROXIMATELY
At 561 NORTHEAST 62ND StAttt, ALSO DESCRIBED AS
LOT .16;" BLOCK 1b' NORTHGATE
(NevbiaNtIAL-OFFICE),TO C-i (LOCAL COMMERCIAL),, ANb
BY MAKING THE NECESSARY CHANGES IN THE.7ON►NG
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO.
6871 13Y.1`1E0FRENet mb bESCRIPTION IN ARTICLE III,
SECTION 2 THEREOF,, BY REPEALING ALL ORDINANCES, '
CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND
,
CONTAINING A SF-VE13ABILITY CLAUSE.
ORDINANCE NO. tl5(%
AN ORDINANCE AMENDING ORDINANCE NO.'' 6871, AS
'AMENDED, THE COMPREHENSIVE: ZONING ORDINANCE
FOR THE CITY"OF MIAMI,.EY CHANGING THE ZONING
CLASSIFICATION OF THE AREA APPROXIMATELY BOUNDEb.
BY NORTHWEST, 3R6 COURT,- A LINE 86'; �:t. NORTH OF
AND PARALLEL TO NORTHWEST22NO LANE, NORTHWEST;:
5TH AVENUE AND NORTHWEST 22ND STREET,' ALSO,
DESCRIBED AS THE WEST"5' OF LOT 12, BLOCK,1 AND.
ALL:OF BLOCKS 2 AND 3, AND LOT,11, BLOCK.4, WEAVER
FIRST ADDITION (UNRECORDED PLAT); AND. LOTH, BLOCk
i AND BLOCKS-2 AND 3 WEAVER SUB (6-31) AND BLO, CKS. ,
C AND D, J.A. DANNS SECOND ADD. (3.25); FROM R-4 (MEDIUM„.
DENSITY MULTIPLE) ANO C-5 (LIBERAL COMMERCIAL);TO ,
1.1 ,(LIGHT INDUSTRIAL), ALL AS;PER TENTATIVE PLAT;;_,
11.1.152•A, '.,MIAMI, FASHION CENTER SECTION 1"; AND 'BY.
MAKING ALL.THE NECESSARY CHANGES IN THE ZONING
DISTRICT. MAP MADE A PART, OF SAID, ORDINANCE NO.
6871, BY REFERENCE'AND,DESCRIPTION;.IN ARTICLE llt,
SECTION 2; AND „BY REPEALING ALL ORDINANCES, CODE
SECTIONS—OR"PARTS°THEREOF IN CONFLICT AND
CONTAINING A SEVERABILITY CLAUSE.
ORDINANCE NO.9507
AN EMERGENCY ORDINANCE,AMENDING SECTION 2 OF
PROPOSED' CITY CHARTER AMENDMENT; NO:':.1; KNOWN
AS ORDINANCE NO.9489, ADOPTED SEPTEMBER 17;'1982,
PROVIDING"THAT,THE CITY; MANAGER BE REQUIRED TO
SET.: FORTH REASONS IN ,HIS WRITTEN; FIN DING THAT
COMPETITIVE SEALED BIDDING IS NOT. PRACTICABLE OR .
IS NOT ADVANTAGEOUS TO THE CITY WHERE, CONTRACTS
ARE TO BE AWARDED FOR THE CITY'S PROCUREMENT OF
PERSONAL; PROPERTY; FURTHER PROVIDING"THATTHE
CITY MANAGER OR HIS DESIGNEE SHALL BE RESPONSF."
BLE FOR DEVELOPING" A. MINORITY PROCUREMENT'PRO- ;
GRAM AS MAY BE PRESCRIBED BY ORDINANCE AND, PER--
MITTED BY-LAW. IN. CONJUNCTION WITH THE AWARD OF.';;;r
CONTRACTS FOR UNIFIED DEVELOPMENT PROJECTS; _PRO-
VIDING FOR"SEVERABILITY; PROVIDING THAT LN ALL OTHER !."
RESPECTS "ORDINANCE NO.9489 REMAINS UNCHANGED;
ORDINANCE NO.9508
AN ORDINANCE OF THE CITY, OF MIAMI DETERMINING TO
LEVY; SUBJECT TO.THE REFERENDUM HEREIN AUTHORIZED,
AN ADDITIONAL'ONE PERCENT (1%) SALES TAX IN,THE
CITY OF MIAMI FOR THE PERIOD JANUARY-I;.1983 THROUGH
DECEMSER;31,-1983; T.HF PROCEEDS OF WHICH WIL BE
USED TO, FINANCE THE,CONSTRUCTION "OF: A FOOT ALL'
STADIUM ANDIOR A DOWNTOWN EXHIBITION HALL: ANPR
A DOWNTOWN COLISEUM ANINQR A MULTI-SPORTS.FACIL
ITY OR AN:AMPHITHEATRE PROVIDINO:THAT THE
REMAINING FUNDS BE USED,FOR P.ROPERTYTAX RELIEF, ,
P,ROVIDING,FOR GUARANTEED MINORITY PARTICIPATIOM,'.:,.;
AND PROVIDING FOR .THE .HOLDING OF..' A SALE$ TAX
REFERENDUM IN.TH€.CITY'.OF MIAMI; F1,ORIDA; ON.DECEM
13ER(1a;1t39.2: FORT PURPOSE QF *>UE>k11TTlNU TC� THE
ELECTORS OF..THE CITY: OF MIAMI THE 41#ESTIQN. AF;,.;'" ..
WHETHER; AN ADPIfIQNAL�ONErrRERCENT.(1 PIP) :; ALES ,J
TAX,FOR 7>r FLV9 MONTHS SH44 DE ! 15VIED TO FINANCE
TH€,ABOVE; PROVIDING* FOR PFVFRAPIWTY; PROVIQIMU
FOR AN IrFFECTiY,E QATۥ
BAR 11l
ORDINANCE NO.9569
AN ORDINANCE AMENDING SECTION :i.OF _ORDINANCE
NO, 8119, ADOPTED OCTOBER 26, 1977, tHP:SUMMARY„ .
GRANT. APPROPRIATION ORDINANCE, AS AMENDED,, BY
ESTABLISHING A NEW TRUST AND AGENCY FUND ENTITLEti:. .
"CHONON WILLIAMS COLLEGE WORK-STUDY PROGRAM' ;
APPROPRIATING FUNDS FOIE THE OPERATION OP SAME, '
IN THE tOTAL AMOUNT OF $30A, $31,648,70.8E"RECEIVER
FROM CHARRON WILLIAMS COLLEGE. AND Si,91e, FROM
CITY FISCAL YEAR 1983 SPECIAL PROGRAMS AND
ACCOUNTS MATCHING FUNDS FOR GRANfS;
CONTAINING A REPEALER PROVISION AND, A SEVERABIL--,
ITY CLAUSE.
ORDINANCE NO.9510
AN ORDINANCE AMENDING, ORDINANCE' NO.: 6811, AS
AMENDED,.THE COMPREHENSIVE ZONING ORDINANCE,
BY AMENDING SECTION 23, "DOCKS; WHARVES, AND
DOCKAGE"%OF ARTICLE IV, "GENERAL PROVISIONS", OF.
SAID ORDINANCE_; MORE PARTICULARLY BY .AMENDING
THE FIRST AND SECOND- UNNUMBERED: PARAGRAPHS
OF SUBSECTION (2) OF SAID• SECTION 23 AND PARAGRAPH
(a) OF SAID SUBSECTION (2) AND SUBPARAGRAPHS 2 AND
3 OF PARAGRAPH (b) OF SECTION 2-OF SAID SECTION 23,
PROVIDING..THEREBY. FOR THE INCLUSION OF THEC-1. .
ZONING DISTRICT AMONG ZONING DISTRICTS TO WHICH'.
SIDE PROPERTY, LINE SETBACKS APPLY; FURTHER PRO
VIDING FOR THE DELETION THEREFROM OF.CERTAIN :.
TERMS, REGARDING BULKHEAD AND WATERWAY LINES. .
AND THE SUBSTITUTION OF CERTAIN TERMS THEREFOR;,
AND FURTHER PROVIDINGTHAT LIMITATIONS APPLYING
TO PROJECTIONS IN WATERWAYS ALSO APPLY TO CANALS;
FURTHER PROVIDING THAT FOR PROPL'ITY:IN THE,R•5,
R•5A, AND R•CB'ZONING DISTRICTS ABUTTING A PUBLIC
RIGHT-OF-WAY OR PUBLIC RIGHT -.OF -WAY EXTENDED OR
OTHERWISE PUBLICLY' ACCESSIBLE BY EASEMENT :'OR
OTHER APPROVED GRANT, THE SETBACK REQUIREMENTS s
MAY, BE MODIFIED OR SET, ASIDE PROVIDED THAT APUB-
LIC BENEFIT IS PROVIDED WHICH IS ACCESSIBLE TO ,THE
PUBLIC AND BY PROVIDING THAT THE -ZONING BOARD",
SHALL "ASSURE THAT ADJACENT PROPERTIES AND THE'. ,
PUBLIC OBTAIN REASONABLE.WATER ACCESS, AND THAT
ALL ACCESS DOCUMENTS SHALL BE ACCEPTABLE"TO.:
THE:"CITY; LAW DEPARTMENT: AS TO LEGAL FORM AND
SUFFICIENCY; CONTAINING A REPEALER PROVISION „AND
A SEVERABILITY CLAUSE,
E.NO.9511 , O DI A ...
AN ORDINANCE AMENDING "ORDINANCE : NO.,687,1;,AS' .-
AMENDED; THE,COMPREHENSIVE ZONING ;ORDINANCE,';
BY ADDING ANEW PARAGRAPH (9)TO SUBSECTION (7) OF ;.:
'SECTION 1,"ARTICLE X1.2, "RESIDENTIAL-OFFICE.`-.R CB.'
DISTRICT"; AND A NEW PARAGRAPH (i) 0-SUBSECTION,
(33) OF SECTION 1; ARTICLE Xil,."LOCAL COMMERCIAL,'" '
C•1 DISTRICT'%.TO PERMIT DOCKS AND PIERS TO EXTEND
BEYOND TWENTY-FIVE (25) FEET UPON CONDITIONAL USE
APPROVAL; CONTAINING A'.REPEALER PROVISIOWAND A.' =
SEVERABILITY CLAUSE,
RALPH G. ONGIE
_ CITY CLERK >
CITY. OF MIAMI, FLORIDA
Publication of this Notice*on the 3 day Qf Noyernbir 1982
.1113 10
82110
Y
as M
City '0F FLbrWbA
am
C3 t.1� AN b htI
ro, Howard ,V, Mary October 191 158
City Manager
v�ilj�_C Agenda Item
City commission Meeting of E
bdtobor 28, iO82
sef IV. McManus : -'``t=" bucks, Wharves and bockage
acting birector
planning bepartment ,,..<�t,,;,...,
This item was considered on first reading on May 27, 1.9821
and deferred by the Commission.with instructions to refer
this item to the Waterfront Board for their recommendation.
On September 28, 1982, the 6Vat'erfront Board recommended
further specificity in the language dealing with setbacks _
for the baywalk, or pier being provided as a public benefit.
The effect of the additional language is to specify that a
publicly -accessible dock'or pier with vessel mooring must
provide a side setback
The attached ordinance has now been modified to incorporate
the Waterfront Hoard recommendations in the second sentence
of sub -paragraph 3, paragraph (b), subsection (2) of Section 23,
with the additional language underlined, as,follows:
. .Notwithstanding the above, however, for any
property in the R-S, R-SA and R-CB Districts abutting,
a public right-of-way or public right-of-way extended
or otherwise publicly accessible by easement or approved
grant, the minimum and additional.setback requirements
may be modified or set aside unless otherwise set forth
below provided that a public benefit is provided which is
accessible to'the public for said purpose including but
not limited to, a public.dock, public fishingpier or public
- baywalk, and under the following circumstances:
a) baywalks, boardwalks and.riverwalks approximately.
parallel to the existing seawall, mean high water
lineor ordinary highwater line; or
b) piers or boardwalks (without.vessel'mooring) but
only if adjacent to a.puh right-of-way or
public right-of-way extended; or
Page 1 of 2
+:m;, s..., r'.�. 5 a1 *TF1W.. ,•crcr�iA;n ,�..T rr:"'a, nNgra',v +* • - - — — - -- -- --
Miami Waterfront Board
Secretary Report
Moeting of.Septeinber 28, 1982
1-10TION AND R CC'24EIMATION, .
zonino Ordinance City zoning Policy Relating To piers/hocks
Motion made by Mr. Roth that the City of Miami Waterfront Board
go on record, recommending to the City Commission the proposed ,
plan, provided that it contains the three (3) conditions outlined
by Miss Cooper (the opposition) and that the language be worked out with the Planning Department. In the event that the language
cannot be worked out, it is to come back, to the City of Miami
Waterfront Board. The conditions are surrn- arized as follbwsl.
1 A bay walk, parallel to the shoreline to be accessible
to the public: In this case setback requirements can
be eliminated.
2 That a publicly accessible pier extending into the.bay
and connecting to the bay wall. or public right of way
extended be provided.
3 That private docks %,.ould be set back 10' and access would
not interfere with boat traffic at the public or private.
docks adjacent to the property line.
Mlot ion seconded by I.1r . Brennan.
VOTE:, Ayes (6) Roth, Preston, O'Brien, Maer, Brennan, Sorg
Noes None
New P7orld Center Action Committee Request
I•:otion made by Mr. Sorg to go on record.that, at the recommendation.
of the Miami Waterfront Board, the letter written by Air. Ian Paul
regarding dockage of "Ole Rust Buckets" docked at Miamarina and a
request 'for City of Miami policy regarding such dockage be forwarded' ;
to the City Manager along with a cover letter from Mr. Sorg.
Notion seconded by Mr. Brennan,
VOTE: Ayes (6) Roth, Preston, O'Brien, Maer, Brennan, :Sorg
Noes idon
Apptick�+�t
VMTIN
PUtMU0, FACE` 914M
City of .1141ami Plamitig Do-pattment Jaiwaty 26 51 1982
distance 68"11 APTICU IV cvotkA PROVIMN8,stdtl6ti
.2� Docks, Wharves and dockage by.t.
Amending subsection (2) to include the C-1
Zoning District among the 2briltig districts to
which side property litre setbacks apply, pto-
viding fat dxcepellons hereinafter degctibed4)
deleting the terms "bade County bulkhead 11riell
"waterway line" or "(bank lint)" atd substi-
tuting in, lieu thereof the terms "e5dbtifig sea-
wall", "mean 'high -water liteil at '`ordinary, high
water line".
Amending paragraph (a) subsection (2) to include
canals as equivalent to and further delstrib-
i 3 ng inland waterways:
- Amending subparagraph 2, paragraph(b) of sub-
section (2) to include the public benefit to
be served among the criteria that the Zoning
Board considers in approving site plans
- Amending subparagraph 3, paragraph (b) of.sub-
section (2) to provide for exclusions to side
property line setbacks in any residential dis-
trict as described and further providing. that
for property in the R-5, R-5A, and R-CB zoning dis-
tricts abutting a public right -of -wav or public right-.
of -way extented or otherwise publicly- accessible by
easement or other approved grant, the setback re-
-quirements may be modifi6d or set aside provided
that a public benefit is provided which is ac-
cessible to the public; that the Zoning Board
shall assure that adjacent properties and the,
public obtain reasonable water access, and that
all access documents shall be 'acceptable to,, the
Law Department,as to legal form and sufficiency.
is
and further 'providing for inclusion of the, above amend-
ments in Articles 20 and 36,of the prODOSed new,Zonin , g
Ordinance for 'the City of Miami, Florida.
ANALYSTS-
T6 allb�w adjustments it glad setback tequiftfithts
for docks etid piers in the ` k-a5 , R-5A dtd R-03 bit-'
tticts, OtbVididg there is a. cotrespondifig public ;
benefit : .
Article V� Section 23, of the Oomb'tebettsive 26hin
Orditia'nce sets out setback requireften'ts for docks acid
piers of!
5%'of the width of the lot or lb feet
tninir�um e.:tenditig 25 feet ffotl 5hote; and
an additional I foot setback for each 2-112
feet of dock extending beyond 25 feet,
The additional restriction provides a,triangle, with the'
base toward the shore, within which docks and piars,uiay
be constructed beyond 25 feet from shoe; This . guar-
antees that amble .water views and access will be
provided to adjacent property Owners. Any construe-
tion beyond 25 feet from shore is subject to condi- —
tional use approval per use provisions in the various
zoning districts.
Developers of private docks and piers in the R7-5,
R-5A', and R-CB districts in-Brickell brave com-
plained that the triangle within which ,they can cur-
rently build does not afford the, best and most feas-
ible arrangement for docks and piers; that they,should
be able to extend piers perpendicular, from shore.
In return. for easing this City restriction, developers
have expressed an interest in providing a public bene-
fit through municipal public water access. The amend
went would allow developers in these districts to
proffer a public benefit in return for relaxing. the
restrictions during conditional use hearings before
the Zoning Board. The amendment further describes
the public benefit by providing that:
a) property must abut a.public,right-of-way so-
Lhat,access can be provided to the public from
the landside.
b) it must provide; .meaningfu1 public access to
the water. The'interpretation would .be.in
the direction of providing a,public fishing
pier extending into the water.
c) adjacent property owners must retain reason-
able water, access.
d) public access, easements and private mainte-
nance agreements for;the publicpiwould-
all be.subject to documentation acceptable '.to
the Law Department.'.
e) publicly -accessible docks or piers :with vessel
mooring must provide a side setback.
nC0,4MNbATt0N
pum'4 nld
MPAAi' ANT
ptak,etinz, ,
AbVISOkY tOAPJ)
PLANNING
ADVISORY BOARD
CITY COMMISSION
WATERFRONT BOARD
"My *JN
APPROVAL
befetrtd, by a 6 to 0 vote, updn, the advice
of the 'Law be6dtthidnt t6 te-Advtttise,thA--
Ittmi
APPROVAL AT THEIR 3117182
MEETING BY A VOTE Or
(THIS ItN WAS CONTINUEO'tkom THL
MELTINO OF
Referred to Waterfront Board on May 27, 1982..
Deferred on June 29, 1982.
Deferred on August 31, 19 ,82
Approved by a 6-0 Vote on September 28,;1982 with
amendments''that.a) stated that- a baywal k, if accessible
to the public would require no side setback; b) that 6-::
publicly accessible pier extending into the'bay could
be provided with no side setbacks; and c) that publicly
accessible docks with moorings have a- side setback of.
10 further directing the Planning Depar,tment to work
out the language. If language cannot be agreed Upon,,
.item is to be returned to the'Waterfront Board,
(See recommendation attached.)
9 10