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Home My WebLink AboutCC Legislation (Version 4),ttiti car �� City of Miami j� IAC/NSOAa�kb dip Legislation h Ordinance File Number: 07-00939zt City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 627, CONCERNING THE SD -27 MIDTOWN MIAMI SPECIAL DISTRICT TO CLARIFY THAT MULTIPLE USES ON THE SAME BUILDING INCLUDE A COMBINATION OF RESIDENTIAL, RETAIL AND OFFICE; EXCLUDING FROM THE DEFINITION OF MIXED USES IN SD -27 THE COMBINATION OF ONLY RESIDENTIAL AND/OR LIVE/WORK USES IN A BUILDING; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, amendment to Article 6, Section 627; concerning the SD -27 Midtown Miami Special District are necessary in order to permit at intersections retail and office uses in mixed-use buildings; and WHEREAS, the Miami Planning Advisory Board, at its meeting on July 23, 2007, Item No. 2 following an advertised public hearing, adopted Resolution No. PAB 07-033 by a vote of seven to zero (7-0), recommending APPROVAL of an amendment to Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. 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 citizens to amend its Zoning Ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City of Miami Zoning Ordinance is hereby amended by amending Article 6, Section 627 as follows: {1) "ARTICLE 6" Sec. 627, SD -27 Midtown Miami Special District. Sec. 627. SD -27 Midtown Miami Special District. The objective of this District is to promote neighborhood redevelopment through medium to high density mixed use development. Due to intensity of infill development and redevelopment in the SD -27 Districts, population and the overall level of commercial and retail activity will greatly increase. City of Miami Page 1 of 4 Printed On: 7/8/2009 File Number: 07-00939zt Combined with the proximity of the SD -27 Districts to downtown and other revitalizing neighborhoods, convenient and reliable transportation along the Midtown Miami Special District can connect the neighborhoods, jobs, residences and activity centers and expand greater revitalization. The character of the district is to include a wide range of pedestrian oriented activities that would facilitate a vibrant mixed-use community setting, permitting the development of flexible live -work spaces as determined by market forces, including mixed-use loft development. Ground level activities and uses with strong pedestrian orientation are mandated to front streets to generate a lively pedestrian street life. The District is intended for medium scale projects of diverse architectural design. Buildings will be restricted as to height, setbacks, and will require habitable uses for portions of the building closest to the street. Unified landscaping, paving, street furniture, storefront design, signage and building facade guidelines, as well as incentives that would allow for the rehabilitation of significant historic resources. For the purpose of the SD 27, the following definitions shall apply: Live -work: Live -work describes residential units that have a commercial, retail, and/or office component accessed through an external street entrance. The intent of this use is to provide efficient housing with the opportunity for workspace that can contribute active uses at the ground floor. Home occupations pursuant to the provisions of 906.5.2 shall also qualify as live -work, except that additional parking, defined in 906.5,2.f. shall not be required. Mixed Use: The SD -27 District promotes multiple uses within the same lot and on adjoining lots by permitting multiple principal uses within the underlying district. A mixed use building or parcel exists when there is more than one use and must include a combination of residential, retail, office, and/or live -work uses. Specifically, excluded from the definition of Mixed Use is a building of only residential and/or live work uses. When the majority of building aFea is dediGated Fri uses th thaR res uses, at least ten (10) peFGeRt Gf the tc)tal FAR of the buildiRg shall be dediGated te Fes'deRtial and/c)r love work uses in order to be Glassified as a mixed use building. The accessory or secondary use of a Mixed Use building shall be a minimum of ten (10) percent of the total floor area of the building. For the purposes of calculating mixed uses, live -work uses shall be allowed to count towards residential or commercial uses, but shall not be allowed to count towards more than one use. Sec. 627.2. Midtown Miami West. 627.2.6. Building Placement and Buildable Area. City of Miami Page 2 of 4 Printed On: 7/8/2009 File Number: 07-00939zt 5. Maximum and Minimum Setback Requirements and Build -To Lines a. Setback requirements shall be measured perpendicular to and from the base building line. Platted public right of way lines shall be defined as the Base Building Line. When platted right of way lines at street intersections are rounded, setbacks shall be measured from projected right of way lines and not from the rounded portions of such lines. The Design Standards provide further clarification of the requirements provided herein. The maximum and minimum setbacks and build -to requirements shall be as provided in Section 627.2.7 and below, as follows: b. For the first twenty-five (25) feet in elevation above the public right-of-way, no building facade shall be set back more than a maximum depth of ten (10) feet, except as otherwise provided in Section 627.2.7. Off-street parking shall not be allowed within the maximum setback. Building frontage may exceed the maximum ground floor setback requirement, provided that the resultant area between the building frontage and the base building line is designed and improved as public open space. c. Colonnades encroach the setback and build -to requirements provided that a minimum of five (5) feet of sidewalk must remain clear of all obstructions. In addition, awnings and upper story balconies may encroach the setback and build -to requirements by a distance of seven (7) feet. Upper story architectural features may encroach the setback and build -to requirements by a distance of five (5) feet but shall not exceed thirty (30) percent of the building frontage. d. Build -To Lines shall only be applicable for 60% of the street frontage. 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. Section 4. This Ordinance shall become effective ten (10) days after approval at second reading, unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission. {2} APPROVED AS TO FORM AND CORRECTNESS JULIE O. BRU CITY ATTORI Footnotes: City of Miami Page 3 of 4 Printed On: 7/8/2009 File Number.' 07-00939zt {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. {2} This Ordinance shall become effective as specified unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated, whichever is later. City of Miami Page 4 of 4 Printed On: 7/8/2009