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Home My WebLink AboutSubmittals at PZAB Mtgs (5.17.23, 6.14.23, and 6.28.23)Submitted Into The Record Z 1.3?3 1242:043, WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, Waivers permit minor deviations from the Miami 21 Code in certain specified circumstances as provided in the various Articles of the Miami 21 Code and as consistent with the Guiding Principles in Article 2 of the Miami 21 Code; and WHEREAS, the Miami 21 Task Force, appointed by the City Commission, made recommendations to simplify the review, permitting, and public hearing processes leading to increased consistency and predictability; and WHEREAS, this ordinance amends the Miami 21 Code to provide applicants and City of Miami ("City") staff with increased clarity and a more streamlined process as summarized below: • Waiver 29. Ten (10) percent Waiver (Article 7 Section 7.1.2.5 of the Miami 21 Code). Revises text to clarify which numerical standards may be adjusted by up to ten (10) percent and provides criteria for applicability of the Waiver; and WHEREAS, this amendment further provides for a flexible lot coverage program; and WHEREAS, the Planning, Zoning, and Appeals Board ("PZAB") has considered whether the proposed text amendment as stated herein will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and WHEREAS, the PZAB has considered the need and justification for the proposed text amendment, as stated herein, including changed and changing circumstances; and WHEREAS, the PZAB finds that it is in the best interest of the City and its residents to amend the Miami 21 Code; and WHEREAS, the PZAB recommends approval to the City Commission of the proposed text amendment, as stated herein; NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The PZAB recommends that the City Commission amend Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") by amending Article 5, titled "Specific to Zones," in the following particulars: "ARTICLE 5. SPECIFIC TO ZONES 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 omitted and unchanged material. * 5.5 URBAN CENTER TRANSECT ZONES (T5) 5.5.1 Building Disposition (T5) a. Newly platted Lots shall be dimensioned according to Illustration 5.5. b. Lot coverage by any Building shall not exceed that shown in Illustration 5.5. Flexible Lot Coverage Program Additional Lot Coverage may be approved up to ninety percent (90%) if the proposed Development satisfies at least one (1) of the following conditions: 1. Provision of a Roof Terrace in an amount of square footage equivalent to four (4) times the gross Lot Area obtained from increased Lot Coverage or twenty percent (20%) of the Building roof surface area, whichever amount is greater. 2. Open Space provided off -site in an area of need identified by the City Parks and Open Space Master Plan and the City's Parks Department, at an amount equal to the square footage obtained from increased Lot Coverage, The Open Space shall be provided as a Civic Space Type standard within Article 4, Table 7 of this Code. 3. A cash contribution to the Miami 21 Public Benefits Trust Fund or authorized program account equivalent to the Development's Floor Area obtained by increased Lot Coverage on a square foot basis. The value of this cash contribution shall follow the provisions described in Section 3,14.4(b)(3). Jorip ILLUSTRATION 5.5 GENERAL URBAN TRANSECT ZONES (T5) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area -With rear vehicular access 5,000 s.f. min.; 40,000 s.f. max. 1,200 s.f. min.; 40,000 s.f. max. b. Lot Width -With rear vehicular access 50 ft min. 16 ft min. c. Lot Coverage 80% - 90% max.* d. Floor Lot Ratio (FLR) N/A e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 65 du/ac max. BUILDING SETBACK a. Principal Front 10 ft. min. b. Secondary Front 10 ft. min. c. Side 0 ft. min. d. Rear 0 ft. min. e. Abutting Side or Rear T4 6 ft. min. Abutting Side or Rear T3 10% of Lot depth** min. lst through 2nd Story 26 ft. min. above 2nd Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 prohibited d. Forecourt permitted e. Stoo permitted f. Shopfront permitted (T5-L and T5-O only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT .....�..�.�.._ a. Min. Height 2 Stories b. Max. Height 5 Stories c. Max. Benefit Height 1 Story Abutting D1 * As modified through the Flexible Lot Coverage Program * * * 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.1 Building Disposition (T6) a. Newly platted Lots shall be dimensioned according to Illustration 5.6. b. Lot coverage by any Building shall not exceed that shown in Illustration 5.6. Flexible Lot Coverage Program Additional Lot Coverage may be approved up to ninety percent (90%) if the proposed Development satisfies at least one (1) of the following conditions: 4. Provision of a Roof Terrace in an amount of square footage equivalent to four (4) times the gross Lot Area obtained from increased Lot Coverage or twenty percent (20%) of the Building roof surface area, whichever amount is greater. 5. Open Space provided off -site in an area of need identified by the City Parks and Open Space Master Plan and the City's Parks Department, at an amount equal to the square footage obtained from increased Lot Coverage. The Open Space shall be provided as a Civic Space Type standard within Article 4, Table 7 of this Code. 6. A cash contribution to the Miami 21 Public Benefits Trust Fund or authorized program account equivalent to the Development's Floor Area obtained by increased Lot Coverage on a square foot basis. The value of this cash contribution shall follow the provisions described in Section 3.14.4(b)(3). * ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-8) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min.; 40,000 s.f. max. b. Lot Width 50 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.*** - Above 8th Story 15,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office &. Commercial d. Floor Lot Ratio (FLR) 5 / 25% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft, min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear 0 ft. min. 1st through 5th Story 10 ft. min. 6st through 8th Story �•A T5 30 ft. min. above 8th Stor Abutting Side or Rear T4 - 6 ft. min. lst through 5th Story 26 ft. min. above 5th Story Abutting Side or Rear T3 10% of Lot depth** min. lst through 2nd Story 26 ft. min. 3rd through 5th Story 46 ft. min. above 5th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn b. Porch & Fence prohibited prohibited c. Terrace or L.0 prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-8-L and T6-8-O only _ _c . Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Heial t 8 Stories c. Max. Benefit Height 4 Stories Abutting all Transects Zones except T3 * Or as modified in Diagram 9 ***As modified through the Flexible Lot Coverage Program ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-12) BUILDING DISPOSITION LOT OCCUPAT ON a. Lot Area 5,000 s.f. min.; 70,000 s.f. max. b. Lot Width 50 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.*** - Above 8th Story 15,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) 8 / 30% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.*ma. -... . - Above 8th Story BUILDING SETBACK a. Principal Front __.10 10 ft. min.; 20 ft. min. above 8th Story b. Fr econdary ft. min.; 20 ft, min. above 8th Story c. Side d. Rear 0 ft. min.; 30 ft. min. above 8th Story 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5th Story 10 ft. min. 6st through 8th Story 30 ft. min. above 8th Story Abutting Side or Rear T4 Abutting Side or Rear T3 6 ft. min. 1st through 5th Story 26 ft. min. 6st through 8th Story 30 ft. min. above 8th StorL 10% of Lot depth** min. 1st through 2nd Story 26 ft. min. 3rd through 5th Story 46 ft. min. above 5th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 d. Forecourt e. Stoop f. Shopfront prohibited permitted permitted permitted (T6-12-L and T6-12-0 off) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height b. Max. Height c. Max. Benefit HeLght 2 Stories 12 Stories 8 Stories Abutting all Transects Zones except T3 * Or as modified in Diagram 9 ***As modified through the flexible Lot Coverage Program ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-24) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. b. Lot Width 50 ft min. min.; 100,000 s.f. max. c. Lot Coverage - 1-8 Stories 80% - 90% max.** 15,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6-24a: 7130% additional Public Benefit T6-24b: 16140% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. 9. Density 150 du/ac max.* BUILDING SETBACK a, Principal Front 10 ft. min.; 20 ft. min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft, min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 0 . min. 1st through 5th Story ft 10 ft. min. 6st through 8th Story 30 ft. min. above 8th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or LC prohibited d. Forecourt permitted e. Stoop f, Shopfrant Gallery glermitted _permitted(_T6-24-L and T6.24-O only) permitted by Special Area Plan _ T permitted by Special Area Plan _g. h. Arcade BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 24 Stories c. Max. Benefit Height 24 Stories Abutting all Transects Zones except T3 * Or as modified in Diagram 9 ** As modified through the Flexible Lot Coverage Program ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-36) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.** - Above 8th Story 18,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6-36a: 12 / 40% additional Public Benefit T6-36b: 22 / 40% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8th Sto y b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 0 ft. min. lst through 5th Story 10 ft, min. Est through 8th Story 30 ft. min. above 8th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 prohibited d. Forecourt permitted e. Stoop f. Shopfront _permitted permittedJT6-36-L and T6-36-0 only) g. Gallery ermitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 36 Stories c. Max. Benefit Height 24 Stories Abutting all Transects Zones except T3 * Or as modified in Diagram 9 ** As modified through the Flexible Lot Coverage Program ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-48 BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.** - Above 8th Story 18,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6-48a: 11 / 50% additional Public Benefit T6-48b: 18 / 50% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5th Story 10 ft. min. 6st through 8th Story 30 ft. min. above 8th Story, BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-48-L and T6-48-0 only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height 48 Stories c. Max. Benefit Height 32 Stories Abutting all Transects Zones except T3 * Or as modified in Diagram 9 ** As modified through the Flexible Lot Coverage Program ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-60) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s,f. min. b. Lot Width 100 ft min. c. Lot Coverage - 1-8 Stories 80% - 90% max.** - Above 8th Story 18,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial d. Floor Lot Ratio (FLR) T6-60a: 11 / 50% additional Public Benefit T6-60b: 18 / 50% additional Public Benefit e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story e. Abutting Side or Rear T5 0 ft. min. 1st through 5th Story .10 ft. min. 6st through 8th Story 30 ft. min. above 8th Story BUILDING CONFIGURATION FRONTAGE a. Common Lawn prohibited . b. Porch & Fence prohibited c. Terrace or LC prohibited d. Forecourt permitted e. Stoop permitted f. Shopfront permitted (T6-60-L and T6-60-0 only) c. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Height c. Max. Benefit Hei ht 60 Stories unlimited Stories Abutting all Transects Zones exce t T3 * Or as modified in Diagram 9 ** As modified through the Flexible Lot Coverage Program ILLUSTRATION 5.6 URBAN CORE TRANSECT ZONES (T6-80) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area 5,000 s.f. min. b. Lot Width 100 ft min. c. Lot Covera e - 1-8 Stories 80% - 90% max.** - Above 8th Story 18,000 sf. max. Floorplate for Residential & Lodging 30,000 sf. max. Floorplate for Office & Commercial d. Floor Lot Ratio IFLR 24 / 50% additional Public Benefit 4saAttr"' e. Frontage at front Setback 70% min. f. Open Space 10% Lot Area min. g. Density 150 du/ac max.* BUILDING SETBACK a. Principal Front 10 ft. min.; 20 ft. min. above 8th Story b. Secondary Front 10 ft. min.; 20 ft. min. above 8th Story c. Side 0 ft. min.; 30 ft. min. above 8th Story d. Rear 0 ft. min.; 30 ft. min. above 8th Story BUILDING CONFIGURATION FRONTAGE a, Common Lawn prohibited b. Porch & Fence prohibited c. Terrace or L.0 prohibited d. Forecourt •ermitted e. Stoop permitted f. Shopfront permitted (T6-80-L and T6-80-0 only) g. Gallery permitted by Special Area Plan h. Arcade permitted by Special Area Plan BUILDING HEIGHT a. Min. Height 2 Stories b. Max. Hei ht 80 Stories c. Max. Benefit Height unlimited Stories Abutting all Transects Zones except T3 * Or as modified in ** As modified through Diagram 9 the Flexible Lot Coverage Program * *IP Section 3. The PZAB recommends that the City Commission amend the Miami 21 Code by amending Article 7, titled Procedures and Nonconformities," in the following particulars.2 "ARTICLE 7. PROCEDURES AND NONCONFORMITIES * 7.1.2.5 Waiver The Waiver permits specified minor deviations from the Miami 21 Code in certain specified circumstances as provided in the various articles of this Code and as consistent with the Guiding Principles in Article 2 of this Code. Waivers are intended to relieve practical difficulties in complying with the strict requirements of##is Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow circumventing of the intent of this Code, A Waiver may not be granted if it conflicts with the City Code or the Florida Building Code. 2 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. a, Specific Waivers are described in the various articles of this Code; and are referenced here only for convenience. The specific parameters of each Waiver are further described in the articles in which each Waiver appears in this Code. 1. Parking reductions for Elderly Housing or for Adaptive Reuses in Community Redevelopment Areas (Article 3, Section 3.6.1 and 3.6.7). 2. Setbacks for irregular Lots (Article 3, Section 3.3.3.c) 3. Setbacks for the property to be developed to match the dominant Setback in the Block and its Context. (Article 3, Section 3.3.5; Article 5, Sections 5.5.1.g, 5.6.1.gand5.8.1.g) 4. Shared Access for adjoining Lots (Article 3, Section 3.6.3.k). 5. Barbed wire fences in D1, D2 and D3 (Article 3, Section 3.7.2). 6. Review of Development within Neighborhood Conservation Districts for compliance with NCD regulations (Appendix A). 7. The relaxation of Setbacks or required Off-street Parking for preservation of natural features of land (Article 3, Section 3.13.1.d). 8. Decrease of required parking by thirty percent (30%) within the half -mile radius of a TOD (Article 4, Table 4). 9. Reduction of setbacks for one-story, non -habitable accessory structures in T3. (Article 5, Section 5.3.1.h) 10. Substitution of loading berths (Article 4, Table 5). 11. Required parking within one thousand (1,000) feet of the site that it serves (Article 4, Table 4) 12. Extensions above maximum Heights for church spires, steeples, belfries, monuments, water towers, flagpoles, vents, ornamental Building features, decorative elements, or similar Structures. (Article 3, Section 3.5.3, Article 5, Sections 5.3.2.f; 5.4.2.g; 5.5.2.h; 5.6.2.h, 5.9.2.g and 5.10.2.g). 13. Encroachment of mechanical equipment, such as air conditioning units, pumps, exhaust fans or other similar noise producing equipment for existing Buildings (Article 5, Sections 5.3.2.d and 5.4.2.d). 14. Service and Parking access from Principal Frontage (Article 5, Sections 5.4.2.e, 5.5.2.e and 5.6.2.f). 15. Pedestrian and vehicular entry spacing. (Article 5, Section 5.5.1.f, 5.5.4.e, 5.6.1.f and 5.6.4.g). 16. Adjustments to Building spacing and to Setbacks above the eighth floor for Lots having one dimension one hundred (100) feet or less (Article 5, Section 5.6.1.h). 17. Adjustments to Building Disposition in CI, (Article 5, Section 5.7.2,4.d). 18. Industrial Uses requiring additional Height in D2 and D3 (Article 5, Section 5.9.2.E and 5.10.2.f). 19. Primary and Secondary Frontage Parking placement (Article 5, Sections 5.5.4.d, 5.5.4.e, 5.6.4.d and 5.6.4.e). 20. Reduction of reservoir parking space (Article 6). 21. Gas Station Building Frontage requirement (Article 6). 22. Modifications in Setbacks up to fifty percent (50%) when Liner Uses are provided along parking Structures in Major Sports Facility. (Article 6, Table 13). 23. Replacement or reconstruction of a nonconforming Structure (other than Single -Family, duplex or multi -family) destroyed by natural disaster, explosion, fire, act of God, or the public enemy. (Article 7, Section 7.2.2.b). 24. Alterations to nonconforming Single Family or duplex Structures to enlarge a nonconformity affecting the exterior of the Building or premises. (Article 7, Section 7.2.3). 25. Development of Single Family or duplex Structures on certain nonconforming Lots in T-3 zones. (Article 7, Section 7.2.7). 26. Modification to nonconforming Off-street Parking facilities involving restoration or rehabilitation of an existing Building or an adaptive Use. (Article 7, Section 7.2.8). 27. Modification of the landscaping of nonconforming signs. (Article 7, Section 7.2.9.5). 28. Encroachment of stairs and ramps into the setback for existing buildings being raised above the Base Flood Elevation plus Freeboard. (Article 5, Sections 5,3.2.b, 5.4.2.b, 5.5.2.b, and 5,6.2,c) 29. As appropriate to the nature of the Waiver involved and the particular circumstances of the case, Waivers up to ten percent (10%) of any particular there is practical difficulty in otherwise meeting the standards of the Transect custainability. The inability to achieve maximum Density, Height, or floor plate for the Trancect :hall not be considered grounds for the granting of a Waiver. This Waiver cannot be combined with any other cpccificd Waivcr of the camc etandard. As appropriate to the nature of the Waiver involved and the particular circumstances of the case, a A ten percent (10%) deviation of numerical standards specified in this Code may be approved by process of Waiver. Application of this Waiver shall be consistent with the Guiding Principles in Article 2 and promote the intent of the particular Transect Zone. A ten percent (10%) Waiver shall not be combined with any other specified Waiver of the same standard. i. A ten percent (10%) Waiver shall not be applied to the following standards: a. Density; b. Intensity; c. Height; d. Floorplate Area and Length; e. Access aisle width; f. Loading berth type and size dimensional standards; g Threshold distances triggering or prohibiting a requirement (except where the ten percent (10%) deviation in the threshold distance would overcome a physical barrier that prevents access, such as a highway or railroad); h. Lot Coverage where a Flexible Lot Coverage program is available; or i. Side and Rear Setbacks on a T5 or T6 Lot sharing an adjacent property line to a T3 Transect Zone. ii. A ten percent (10%) Waiver may be applied to Setbacks, Minimum Building Separation above the eighth (8) floor, and Lot Coverage in a T3 transect zone' :ire-aFIexible. of Cove .+ e-p cl ar riet a i-fable (excluding those items listed in i. above) if demonstrated that one (1) or more of the following conditions are -met -constrain the deveI. hient of_the site: a. Non -conforming Lots; or b. Dedications greater than five percent (5%) of the Lot area; or c. An irregular shaped Lot: or d A Lot with an atypical geographical elevation change; or e. Restrictive Easements iii. A ten percent (10%) Waiver may be applied to other standards of this Code (excluding those items listed in i. and ii. above) if demonstrated that one (1) or more of the following conditions are met: a. Promotes energy conservation and Building sustainability beyond the minimum standards required; or b. Provides an additional Public Benefit pursuant to Section`3.1 h that is Application of a`10% Waiverto the particular standard improves the development in a manner that (i) :benefits the public realm, and/or (ii) improves the efficiency of the building without impacting abutting properties; or c. Or Unique conditions exist with the Lot, Structure, or Building that are not common to other Lots, Structures, or Buildings in the same Transect such that a conventional project cannot be developed. *71 krxit Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 5. It is recommended that new developments under review by the City that have completed prescreen review within ePlan prior to effective date of the ordinance be vested under previous standards. Section 6, This Resolution shall become effective immediately upon its adoption. qeS 13939 Builders Association of South Florida BUILDING GREAT CITIES SINCE 1944 111 NW 183ra Street, # 111, Miami Gardens, FL 33169 T: 305-556-6300 www.basfonline.org Chairman and Members Planning and Zoning Board City of Miami c/o Planning Department 444 SW Second Avenue Miami, FL 33130 June 14, 2023 Via Email only Re: PZAB Item 10, June 14, 2023, Public meeting. Dear Mr. Chairman and Board members: I am writing on behalf of the Builders Association of South Florida's (BASF) City of Miami Practice Group, to provide their comments and those of our numerous builder and developer members, who work in the City of Maimi. Overall, BASF is very pleased to see these proposed revisions to the City's zoning code. Our city has grown, and Miami 21 needs to grow with it. Thus, the code modifications need to reflect the nearly 20 years' worth of changes to our now more urbanized inner core, while helping to maintain the fabric of existing neighborhoods, as changes happen in and around these neighborhoods. BASF supports the effort and this Board's adoption of other Waiver provision updates. However, BASF Members continue to have comments and questions about portions of Item 10, regarding the 10% Waiver provision. Members would like some additional time to meet with City staff, to discuss the application of key provisions of the proposal, to gain a better understanding of their longer -term impact on the growing number of types and sizes of projects now being developed. Their specific comments and questions are attached for the Board's consideration. Most respectfully, BASF is asking this Board to consider holding Item No. 10 in abeyance for a short time, for further discussion with Members. We are requesting a judicious deferral on this item, to offer both City staff and our members to meet on this issue and discuss several outstanding implementation questions and issues. As in the past, if a time -certain is chosen, we would abide by those terms. We look forward to working with staff and this Board and support this important item at that time. Thank you for considering the Association's views. Sincerely, trludy, /8Uitto,v Truly Burton Executive Vice President Attachment 1 cc: Zerry Ihekwaba, Deputy City Manager, Lakisha Hull, Planning Director, Daniel Goldberg, Zoning Administrator. Builders Association of South Florida BUILDING GREAT CITIES SINCE 1944 BASF comments to PZAB Agenda Item No. 10: Proposed changes to Section 7.1.2.5.a29 (10% Waiver). June 14, 2023 Planning and Zoning Appeals Board (PZAB) Meeting BASF includes builder and associate members working on a daily basis with the Miami 21 Code on permitting buildings in the City of Miami. While BASF is supportive of the majority of the City Administration's waiver reform package, BASF City of Miami Working Group still has concerns with the amendments being proposed to the 10% Waiver under Section 7.1.2.5.a29. BASF continues to raise similar comments as they did in advance of the Board's May 17, 2023, meeting. As the Association did then, we now, most respectfully, think that a judicious deferral of Item No. 10 would provide our members with sufficient time to meet with staff for additional clarification on how the proposed changes to the existing code would function and work on alternative language that would maintain the original intent of the 10% Waiver. 1. PZAB Item No. 10 re: Amendments to 10% Administrative Waiver under Section 7.1.2.5.a.29 (File 13938)- The wrinkle in this legislation is the modification of the criteria for Waivers in Section 7.1.2.5. The proposed amendment changes the criteria for approval of Waiver from "relie[f of] practical difficulties in complying with the strict requirements of [the Miami 21 Code]" to the following new criteria: i. The Waiver is consistent with the Guiding Principles in Article 2 of this Code and promotes the intent of the particular Transect Zone; and The Waiver promotes energy conservation and Building sustainability beyond the minimum standards required, provides an additional Public Benefit pursuant to Section 3.1 that is not otherwise required, or unique conditions exist with the Lot, Structure or Building, that are not common to other Lots, Structures or Buildings in the same Transect such that a conventional project cannot be developed. The new criteria focusing on "unique conditions," is more akin to a hardship criteria than a practical difficulty. i. A form -based code must provide flexibility in design and the "practical difficulty" criteria has been used prudently throughout new projects to justify 10% deviations. The proposed amendments fundamentally change the process for seeking a 10% waiver, which is counter to the original intent of the drafters of Miami 21. ii. Adding a "unique conditions" standard will be stricter and unnecessary, treating similarly situated properties differently. iii. It will also require additional staff review of the justification for the waiver and potentially more appeals. Also, Members have questions about how these standards would apply to institutional uses, such as day care centers and schools, and recreational uses — where traditional form -based standards often present practical difficulties based on the nature of the use, operations, privacy considerations, etc.. Pelican Harbor Park was one example mentioned. Continued on page 2 PZAB Comment letter BASF - Page Two June 14, 2023 The legislation, as proposed, would force this type of property owner/applicant to demonstrate irregular lot conditions or other conditions unique to the site to justify seeking a 10% waiver when in fact the reason for the request is the strict nature of the Miami 21 form -based standards in most transect zones which anticipates all buildings are built to a frontage line and discourages more expansive open space and front setbacks which might be appropriate for specialty buildings as mentioned above. Lastly, unlike in most municipalities, Article 7 of Miami 21 authorizes a very limited class of Variances that applicants may apply for. Thus, the 10% Waiver is sometimes the only means of relief from certain standards. The proposed clampdown on the 10% Waiver, incombination with the limited possibility to seek Variances, may leave applicants in certain situations with no options to seek relief from the code other than unnecessary judicial action. In summary, the 10% Waiver is an intentional administrative waiver to allow for minor deviations from strict form -based code standards which from time to time ,acts as a useful tool for overcoming practical difficulties to make for better, more attractive and feasible projects. Because of the foregoing reasons and the importance of getting it right, BASF respectfully requests Item #10 be deferred for further consideration. The Association appreciates the opportunity to present its members' views. 4044,4 sa yri qy SUbi itli i� "i" a Fincher, Meloni From: Sent: To: Cc: Subject: (41b .P Truly Burton <trulyburton@basfonline.org> Wednesday, May 17, 2023 12:24 PM Hull, Lakisha; Goldberg, Daniel; Fincher, Meloni; Jones, Graham; Steiner, Sevanne lhekwaba, Nzeribe; Rawlins, Tracy; McCray, Edith; Wernick & Co, PLLC (sjw@wernickco.com) RE: BASF comments and concerns letter about certain items in Waiver package. Thanks for the quick response, Lakisha. We just need a bit more time on the 10% Waiver issue, to talk through some of the intent issues, among other things Otherwise, we totally support the direction of staff— and ready to keep moving on the other items, TB Ms. Truly Burton Executive Vice President Builders Association of South Florida 111 NW 183'd Street, Suite 111 Miami Gardens, FL 33169 305-556-6300 ex 206 (0) 786-877-9046 (M) truly'burton.��cr�laas fo nlin e. arg "The Leading Building Industry Advocates Since 1944" Builders Association of South. Florida SUIL:E iN a GREAT' CITIES SINCE 1 44 s 1 Fincher, Meloni From: Hull, Lakisha Sent: Wednesday, May 17, 2023 12:22 PM To: Truly Burton; Goldberg, Daniel; Fincher, Meloni; Jones, Graham; Steiner, Sevanne Cc: Ihekwaba, Nzeribe; Rawlins, Tracy; McCray, Edith; Wernick & Co, PLLC (sjw@wernickco.com) Subject: RE: BASF comments and concerns letter about certain items in Waiver package. Attachments: BASF Comment letter-PZAB Mtg-Redraft Waiver package-5-17-2023 scan.pdf Hello Truly, Thanks for reaching out. I have including the PZAB Support Staff for tonight in this email. Sincerely, Lakisha Hull, AICP, LEED AP BD+C Planning Director Planning Department 4114 SW 2;,' AvenUe, 3r Floor Miami, FL 33130 Phone: (305) 416-1417 mail: !hull cmiamigov.com From: Truly Burton <trulyburton@basfonline.org> Sent: Wednesday, May 17, 2023 12:19 PM To: Goldberg, Daniel <DaGoldberg@miamigov.com>; Hull, Lakisha <LHull@miamigov.com> Cc: Ihekwaba, Nzeribe <Nlhekwaba@miamigov.com>; Rawlins, Tracy <TPRawrins@miamigov.com>; McCray, Edith <EMcCray@miamigov.com>; Wernick & Co, PLLC (sjw@wernickco.com) <sjw@wernickco.com> Subject: RE: BASF comments and concerns letter about certain items in Waiver package. 1 This option could work, Daniel. I've copied Steve Wernick on this note, since he'll be handling this technical presentation. We appreciate the other parts of the proposal for sure — bifurcating this would work as well. I've copied Steve on this note, so he will be aware of your comment. I tried leaving you and Lakisha voice messages before I sent the letter: my policy is to give the policy makers a heads up that our letter is coming... I tried...not sure who I left Lakisha's message with, but it's on a general P&Z voice mail somewhere...! Pis send over a direct phone number!? Thanks, and I'll be watching, TB Ms. Truly Burton Executive Vice President Builders Association of South Florida 111 NW 183rd Street, Suite 111 Miami Gardens, FL 33169 305-556-6300 ex 206 (0) 786-877-9046 (M) trulyburton[t basfota;line.org "The Leading Building Industry Advocates Since 1944" Builders Association of South Florida e J LCrir4O GREAT C171.5 SINCE '044 FQLLOW US 2 a r Azenco AN Di TENG HED SF 1NDU .. RELATEDT ...... i zin S iberg INTEGRA FORTUNE INIERy��€��a y:Flg�O-WAL CENTURY ie VE:MENT FLOOR FORK" `'A From: Goldberg, Daniel <DaGoldberg(miamigov.com> Sent: Wednesday, May 17, 2023 12:15 PM To: Truly Burton <trulyburtonPbasfonline.org>; Hull, Lakisha <LHuIIC miami ov.com> Cc: Ihekwaba, Nzeribe <Nlhekwaba@miarnigov.com>; Rawlins, Tracy <TPRawlins@miamigov.com>; McCray, Edith <EMcCra rniami ov.com> Subject: RE: BASF comments and concerns letter about certain items in Waiver package. Truly, T For #14, I understand. For #10, I still want this item to move forward as it contains some much needed changes such as bringing back T3 mechanical setbacks to normalcy, liberalizing the natural features waiver for off-street parking and setbacks to include it if it would affect driveway placement or street trees, and granting a lot more flexibility in the CI 3 zone. I would suggest placing your concerns on the record, and if PZAB agrees, they could adopt a resolution hopefully recommending the balance of the document while expressing the concerns over the dominant setback Waiver. Daniel S. Goldberg, Esq. Zoning Administrator Office of Zoning 444 SW 2" Avenue, 2°' Floor Miami, FL 33130- Phone: (305) 416-1442 From: Truly Burton[mailto:trulyburton@basfonline.org] Sent: Wednesday, May 17, 2023 11:59 AM To: Hull, Lakisha <LHull@miamigov.com>; Goldberg, Daniel <DaGoldbergCa7miamigov.com> Cc: Ihekwaba, Nzeribe <Nihekwaba@miamigov.com>; Rawlins, Tracy <TPRawlins@miamigov,com>; McCray, Edith <EMcCrav@miamigov.com> Subject: BASF comments and concerns letter about certain items in Waiver package. Good morning, Lakisha and Daniel. A note to let you all know that our City of Miami Practice group met and discussed the Waivers package going to PZAB this evening. Overall, they are very pleased about the direction that staff is going on these important issues. However, they have some questions and concerns about two issues within the wavier package about how they will work. To provide you all and the PZAB with their questions, and some ideas about the package, our comments and cover letter are attached. Kindly send along to the PZAB members as well, as I imagine the City usually takes care of this distribution. Thanks, and some of us will see you later today, TB Ms. Truly Burton Executive Vice President Builders Association of South Florida 111 NW 183'd Street, Suite 111 Miami Gardens, FL 33169 305-556-6300 ex 206 (0) 786-877-9046 (M) trulyburion@basfolnline.org "The Leading Building Industry Advocates Since 1944" 4 He Builders Association of South Florida mon }d?"aiFCt3 ,eaei:may € m,* GREATcadES, CEtsm S i12 Sumberg WORKS INTEGRA, FORTUNE MT ONkLOR OUP US 1-.3 RELATED orx LTE C ENTU RV MOV ;M NT �aurrrle 4.t LOO'k ta Gr. NG NEERINis 5 Builders Association of South Florida t3Li1LDI G GREAT CITIES SiNCE 1944 WNW l83ru.3treet, # St1, Miami Gal FL 33169 T: 305-556-6300 Chairman andMembers Planning and .Zoning Board. City of Miami e/o Planning Department 444 SW Second Avenue Miami,a, 33130 May 17, 2023 Via Email only Re: PZAE Items 1044, May 17, 2023, Public meeting Dear Mr. Chairman and Board members, I am writing on behalf of the Builders Association of South .i lorzcla's (BASF) City of -Miami Practice Group, to provide their comments and those .of our numerous builder r id developer members, who wot=1k. its the City of M it ii.. Their cormcnts on the several proposed 9.rditxances are set forth below for your :consideration. Overall, BASF is pleased to see these proposed .1rexrisions to the City's 'zoning cork;. Our city has grown, and Miami'21 needs to grow with it:: Thus, the code modifications need to .reflect the nearly 20 years' worth of changes to our now more urbanized inner core, while Helping to maintain the fabric of existing neighborhoods as changes happen in and around these neighborhoods. BASF supports the effort. and would support the approval of several of theproposed ordinances. in this five - document package,. BASF has la additional comments on Items 11, 12, and 13, and would support: them moving forward. However, BASF does have comments and questions about portions of Items 10 and 14. BASF would respectfully ask the PI AB to consider holding them back so .that Members can further discuss them with your staff and gain: a better understanding of their: impact and application to a variety of different project;.. Thus, comments on these items arc attached for the Board's consideration. Alternatively, the PZAB could modify certain provisions in. the Dominant setback resolution (PZAB Item 10, No. 13938) and consider deferring the significant changes proposed to the intent/criteria associated with the 10% wuvef (PZA13 Item 14, No,13939), for further discussion and bring those back at a later date. We look forward to working with staff and this Board and support these two items after that time: Thank you fox considering the As:sociatio is Jews. Sincerely, Truly Eteccttive Vice President Attachment 1 cc: Zerry f lhekwaba, Deputy City Manager, Laki iha l lull, Planning Director, Daniel Goldberg, Zoning Administrator, Bt id r Association of South Florida. euu_ NPJG GREAT CITIES SINCE 'I944 BASF comments to PZAB Agenda Items No. 10 and 14, Meeting of May 17, 2023, Planning and Zoning Meeting BASF respectfully submits these comments for the Planning and Zoning Board's consideration. Given the nature of our members' comments and questions, they respectfully ask that items No. 10 and 14, be deferred for additional discussion, BASF members look forward to the opportunity to meet and work with staff, to gain greater understanding about the proposed benefits of the changes, offer nnodification.s for easier administration and implementation, given the wide range of:projeets and buildings being proposed. 1. PZAB Item No. 14 (No, 13939) re: Flexible Lot Coverage Legislation and. Overhaul of 10% Waiver (Legislative File 13939)- The amendment will permit increase in inaximuu lot coverage ffain 80 to 90')/a if the development satisfies certain criteria. One of the criteria ispayment into the Public Benefit Trust Fund. The payment will be based on the total FAR obtained by the increase if lot coverage. The wwrinld.e in this legislation is the modification of thecriteria for Waivers in Section 7.1.2.5. The proposed amendment changes the criteria for approval of Waiver from "relie[f of] practical difficulties in complying with the strict requirements 'of [the Miami 21 Code]'" to the following new criteria: i, The Waiver is consistent with the Guiding Principles in .Anti+ le 2 of this Code .and promotes the intent of the. particular Transect Zone; and The Waiver promotes energy conservation and Building sustainability beyond the minimum standards required, provides an additional Public Benefit pursuant to Section 3,1 that is nototherwise required, or unique conditions exist with the Lot, 'S ructiare or Building, that axe not common to other Lots, 'Structures or Buildings in the same Transect such that a conventional project cannot be developed. , . . This is a material change from the original intent of the drafters of Miami 21. Code to allow for minor 10% deviatioiis on a case by case basis as determined by the Zoning Administrator. The ne.w criteria, which references `unique conditions; is more akin to a hardship criteria than a practical difficulty. iii. A hrixa-based code must provide flexibility in design, and the "practical difficulty" criteria has been: used prudently throughout new projects to justify 10% deviations. iv. Adding a "unique conditions" standard will be stricter and unnecessary. v. It will also require additional staff review of the justification for the waiver. In addition, as drafted; it is not clear if the new criteria are for all the enumerated waivers, or: only forthe 10o/o waiver of numerical standards. Also, .Members havequestions about how these shtnda;rds would apply to institutional Lases, such as day care centers and: schools, and recreational uses, like parks, which often have practxctil difficulty complying with strict 'form -based" standards intended for urban, mixed -use buildings. Pelican Harbor Park was one example inentior?ed. 2. PZAB Item No. 10 (13938) re: Waiver Macro (Heights, Setbacks, 3esign:Ctiteria). (Legislative File 13938). Members are asking for more time to digest. these.changes. ..A "Liner" will be required to have a minimum depth of fifteen feet (15 ft). The intent is to promote usable, active liner space but 15 feet seems' arbitt:ary. What is the basis for 15 fret? Please provide additional details. The dominant setback waiver., as drafted, would be limited to 1 and 2 story .buildings only: Continued on Page Two Page Two BASF Comments to PZAB May 17, 2023 Why not a 3-story building? We would recommend deferring this item to study the invacts of this change further OR deleting the second sentence as shown below, irbe, e a Loa' to be developed abbotE' a Lot coiatai11 (21e existin,c legal ;S"trita ire other than ra ,S'ign,.a .lraivarmay .be,granted so the propane Strcac2irra watahe;r the groaod level dominant setback: aJthe blockand its :context; ppopen sCl 011e ) Or IVO (22 "aiaertgy 9JIESt�fJ