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HomeMy WebLinkAboutO-09074ORDINANCE NO.-9. -"r 4 'I AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY ADDING A NEW ARTICLE VII-2 - LOW DENSITY TOWNHOUSE R-3B DISTRICT; BY DELETING SUB -SECTION (91-a), SECTION 2. ARTICLE 11 IN ITS ENTIRETY AND IN LIEU THERE- OF ADDING A NEW SUB -SECTION (91-a); BY RE- PEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION, WHEREAS, the Miami Planning .Advisory Board, at its meeting of January 16, 1980, Item No. 1(a) following an ad- vertised hearing adopted Resolution No. PAB 3-80 by a 7 to 0 vote recommending amending Comprehensive Zoning Ordinance 6871, The Comprehensive Zoning Ordinance of the City of Miami, by adding a new ARTICLE VII-2 - LOW DENSITY TOWNHOUSE R-3B DISTRICT, as hereinafter set forth; and WHEREAS, the Commission deems it advisable and in the best interest of the City of Miami and its inhabitants to amend said Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. That Ordinance No. 6871, The Comprehensive Zoning Ordinance of the City of Miami be and the same is hereby amended by adding a new ARTICLE VII-2 - LOW DENSITY TOWNHOUSE R-3B DISTRICT to read as follows: ARTICLE VII-2 LOW DENSITY TOWNHOUSE R-3B DISTRICT. INTENT The intent of the district is to encourage quality townhouse development on spacious and heavily landscaped sites that is compatible with surrounding single-family and high -density multiple -family development. Section 1. - USE REGULATIONS No building or structure, or part thereof, shall be erected, altered or used, or land or water used, in whole, or in part, for other than one of the following specified uses: (1) Any use permitted in an R-2 District subject to the USE, AREA, YARD, HEIGHT, and MINIMUM FLOOR AREA REGULA- T10NS specified in said District. (2) Townhouses at a density not in excess of one (1) dwelling unit for each twenty-four hundred (2400) square feet of lot area. (3) USES accessory to the above USES as may be permitted by other provisions of this Ordinance. Section 2. - LIMITATIONS ON TOWNHOUSE USE (1) Except as herein provided, no individual structure shall exceed a length or width greater than sixty (60) percent the depth or fifty (50) percent the width, respectively, and in no instance shall the length or width exceed one hundred (100) feet. The Urban Development Review Board may approve adjustments in the aforementioned building lengths and also in the required building spacing in order to further the intent of the district. (2) Any outside service and storage areas or facilities shall be properly screened from view from amy public right-of-way. (3) An open area at least five (5) feet in width, shall separate all buildings from other uses of the site such as paved driveways, paved parking areas and other service areas. This area shall be maintained in landscaping, walkways, patios, terraces or similar type usage. (4) TOWNHOUSES shall be arranged and designed to be cognizant of the privacy needs of the adjacent yard areas of any abutting R-1 or R-2 zoning district. Section 3. AREA (1) TOWNHOUSE USE 9074 4 (a) The minimum lot area shall be ten thousand (10,000) square feet, and the minimum street frontage shall be one hundred (100) feet. Section 4. YARDS (1) FRONT YARD ( a) Every lot shall have a front yard not less than twenty (20) feet in depth, unless a greater yard area is required by a special yard district. (2) SIDE YARD (a) Every lot used for townhouse use shall have side yards with an aggregate width of thirty-six (36) feet, each of which shall be at least fifteen (15) feet in width for a - building not exceeding a height of twelve (12) feet. For buildings exceeding a height of twelve (12) feet each side yard shall be at - least eighteen (18) feet and shall be increased one (1) foot for every two (2) feet of permitted building height above twenty-five (25) feet. (3) REAR YARD ( a) Every lot shall have a rear yard of not less than twenty (20) feet in depth for buildings not exceeding twelve (12) feet in height, twenty-five (25) feet in depth for buildings above twelve (12) feet but not exceeding twenty-five (25) feet in height, and thirty (30) feet in depth for buildings above twenty- five (25) feet but not exceeding thirty (30) feet in height. (4) USE OF YARD AREAS (a) Off-street parking and driveways shall not occupy more than one-half (1/2) the width and area of the required front yard, and in addition, any walls and/or parking shall be at least ten (10) feet from the base building line. (b) A textured wall a minimum of six (6) feet in height and a maximum of eight (8) feet in height shall be required = along the rear property line when a rear yard is adjoining an R-1 9074 or R-2 zoning district and is not treated as a required yard area. (c) When the rear yard abuts an R-1 or R-2 zoning district, no accessory uses such as swimming pools or other common recreational facilities, except for parking, shall be lo- cated within the required rear yard area. Section 5. HEIGHT (1) No building or structure, or part thereof, shall be erected or altered to a height exceeding two (2) stories or twenty- five (25) feet except where parking is provided under the building, in which case the height shall not exceed thirty (30) feet. Section 6. LOT COVERAGE (1) Except as herein provided, the combined area occupied by all principal and accessory buildings shall not exceed twenty- five (25) percent for buildings of a height less than twenty-five (25) feet and shall not exceed twenty-three (23) percent for buildings exceeding a height of twenty-five (25) feet. (2) The Urban Development Review Board may permit lot coverage adjustments, particularly to allow upper level overhangs and to accommodate floor area ratio bonuses. Section 7. FLOOR AREA RATIO (1) The floor area ratio shall not exceed, except as herein provided, .50. A floor area ratio bonus of .1 may be approved by the Urban Development Review Board provided that seventy-five (75) percent of the required parking is enclosed - under or within a structure. Section 8. MINIMUM FLOOR AREA (a) The minimum floor area for a dwelling unit shall be one thousand (1,000) square feet. Section 9. USABLE OPEN SPACE There shall be provided a minimum of three hundred (300) square feet of USABLE OPEN SPACE for each dwelling unit erected upon any site. 9074 Section 10. LANDSCAPING (1)A11 ground level usable open space required and/or provided shall be appropriately landscaped with trees, shrubs, hedges, or other acceptable landscape material and perpetual maintenance shall be provided. The Urban Development Review Board may adjust or require more landscaping than required herein to further the intent of the district. (a) A shade or flowering tree shall be provided on the average of every thirty (30) feet on center along the street frontage in the ten (10) feet of yard established in Section 4,(4), (a), above. Trees required herein shall have a minimum height of fourteen (14) feet and a minimum calipher of four (4) inches. (b) For other usable open space and/or yard areas pro- vided, a shade or flowering tree shall be provided on the average of every fifty (50) feet on center along the width or length of any usable open space, or for each one thousand (1,000) square feet of usable open space, whichever requires the greatest number of trees. (c) When the rear or side yard is adjacent to an R-1 or R-2 yard area, a five (5) foot landscaped area shall be pro- vided along the rear property line adjacent to the required wall, and shall be appropriately landscaped with a minimum of one (1) shade or flowering tree, 8 to 10 feet in height when planted for every fifty (50) lineal feet of landscaped area. Other materials such as hedge and shrubs shall be used to provide a continuous landscaped treatment the length of the required area. Section 11.PRELIMINARY DEVELOPMENT PLAN REVIEW (1) Any development permitted by this ARTICLE shall be required to have development plan approval by the Urban Develop- ment Review Board to ascertain that development is in accord with the intent of the district, and to assure that responsive urban 9074 considerations have been an integral part of, and are reflected in, the proposed project. The decision of the Board may be appealed to the City Commission. Section 12.OFF-STREET PARKING (1) Notwithstanding the requirements of ARTICLE XXIII, two (2) off-street parking spaces are required for each dwelling unit, unless additional parking is deemed necessary by the Urban Development Review Board. Section 2. - That Ordinance No. 6871, the Comprehensive Zoning Ordinance of the City of Miami be and the same is hereby amended by deleting sub -section (91-a), Section 2, ARTICLE II, in its entirety and in lieu thereof add a new sub -section (91-a) to read as follows: (91-a) TOWNHOUSE For the purpose of this Ordinance, a TOWNHOUSE shall mean a one -family dwelling in series with a group of three (3) or more such dwellings, and separated from each other by an adjoining wall, or walls, as defined by the South Florida Building Code, without openings through such air space to be effectively sealed. Section 3. All ordinances, code sections, or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 4. 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 12thday of FEBRUARY 1980. PASSED AND ADOPTED ON SECOND AND FINAL READING THIS 18 day of March , 1980. MAURICE A. FERRE ATT: M URI RE, MAYOR T � B RALP G. O GIE, CITY CL PREPARED AND APPROVED BY: J. CH EL H GOOD ASSISTANT CITY ATT RNEY 9074 MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday Ar. Legal Holidays Miami. Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally ap- peared Becky Caskey, who on oath says that she Is the Assistant Director of Legal Advertising 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 or Notice in the matter of CITY OF MIAMI Re: Ordinance No. 9074 in the ............... X X X . Court, was published in said newspaper in the Issues of March 26, 1980 Affiant further says that.the said Miami Review and Daily Record is a newspaper published at Miami, In said Dade County, Florida, and that the sold newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sun. day 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 corpora• tion any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the sai spap .btk V. and subscr .2 ..d y► YAWNS Al.t I r o ida at Large ® (SEAL) My Commission erg 982. MR-67.1 00 :ity Of h';r3M� :l ,,; CITY OF MIAMI. DADE COUNTY, FLORIDA LEGAL NOTICE " All ilitt�`�Tetl w)i) fake notice that on the tf)fh day of March, IM, the City Commission of Miami, Florida passed and adopted the - following titled ordinance: ORDINANCE NO. 907I AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI, BY ADDING A NEW ARTICLE V11.2- LOW DENSITY TOWNHOUSE R-3B DISTRICT; BY DELETING SUB- SECTION (91-a), SECTION 2. ARTICLE 11 IN ITS ENTIRETY AND IN LIEU THEREOF ADDING A NEW SUB -SECTION (91-a); BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT, AND CONTAINING A SEVERABILITY PROVISION. RALPH ONGIE nm CITY CLERK CITY OF MIAMI, FLORIDA j Publication of this Notice on the 26 day of March 1"0 3126 M80-032603 ORDINANCE N0. .. in s a idi., District. (2) Townhouses at a.density not in excess`of one (1) ' dwelling unit'for each 'twenty-four hundred (2400) square feet of , lot area. — (3) USES accessory. to the above USES as may be perm t.ted by other.provisions of this Ordinance.. Section Q. = LIMITATIONSOtJ TOIIC1HOt1SE USF� (1) No individual s'tructureshall exceed a length or width greater than sixty (60) percent the depth or fifty (50) percent the,width,,respectively, and in rig instance shall the length or width exceed 'one hundred (100) feet. The urban' T�evelopment Review Bo11 ard may annrove' adjustments',in the aforementioned building lengths and also in the required building; spacing in order -to further the intent of the.distri;ct. (2) Any outside'service and'storage areas or.'facilities shall be properly screened' from view from any public."r right -of -wait`. (3) An open area-at..least.fve (5) feet in width,; shall separate 'all buildings from other uses of ,the site such as Waved' driveways, raved narking areas and .other. service' areas. This area` shall be maintained in landscaping;, walkways, ratios, terraces or similar type usage. (4) TO�diJiiQUSFS shall be arranged and:': designed to be cognizant of the . privacy needs ` of the adj acent -vard -areas of `an� abutting R-1 or R=2 zonina, district. Section T. ARE (1) TOWNHOUSE 'USE (a) The minimum lot area sha11 be ten thousand (10,000) square feet, and the minimum street frontage shall he, one hundred feet. Section G. YARDS (1) rROIIT YAF.n (a) Evert/ lot shall have a`front' yard not loss than` twenty (20) feet; in depth', unless a greater var.d areci is b. required by a special' vard district. -9- i -4- � �� i� . � ` �.._ �- . �..., -6-