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File Number: 04-00197 Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 4, 5, 6 AND 21, IN
ORDER TO MODIFY LANGUAGE PERTAINING TO PLANNED UNIT
DEVELOPMENT BONUSES AND TO MODIFY OTHER BONUS PROVISIONS,
INCLUDING NEW REQUIREMENTS FOR CONSIDERATION OF CERTAIN
BONUSES IN THE SD-5 AND SD-7 ZONING DISTRICTS, AND WITHIN THOSE
PORTIONS OF THE R-3 AND R-4 ZONING DISTRICTS LOCATED ALONG
BRICKELL AVENUE BETWEEN SOUTHEAST 15TH ROAD AND SOUTHEAST
26TH ROAD, AND BY FURTHER MODIFYING ARTICLE 21, SECTION 2105, IN
ORDER TO PROVIDE A SPECIFIED TIME FRAME FOR AMENDMENTS TO
ZONING ORDINANCE NO. 11000 AFFECTING MAJOR USE SPECIAL
PERMITS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of February
18, 2004, item No. 4, following an advertised hearing, adopted Resolution No. PAB
16-04 by a vote of seven to zero (7-0), RECOMMENDING APPROVAL of
amending Zoning Ordinance No. 11000 as hereinafter set forth; and
WHEREAS, the City Commission desires to modify the criteria and
requirements associated with certain development bonuses in the Brickell Area;
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 amend Ordinance No. 11000 as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this
Ordinance are adopted by reference and incorporated as if fully set forth in this
Section.
City of Miami
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File Number: 04-00197
Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of
the City of Miami, Florida, is amended by amending the text of said Ordinance as
follows:'-"
"ARTICLE 4. ZONING DISTRICTS
R-3 Multifamily Medium -Density Residential.
*
Conditional Principal Uses:
Same as for R-2 Two -Family Residential and:
*
7. Health clinics by Special Exception with City Commission approval;
provided that in that R-3 district along Brickell Avenue bounded by SE
26th Road and SE 15th Road, said health clinics shall be instituted subject
to the following conditions:
a. There shall be only one (1) licensed practitioner in the clinic and in
addition, medical and clerical staff not to exceed three (3) persons in
number.
b. They shall be allowed only as adaptive reuses of existing single
family residential structures (as of February 27, 1997) within the district
and are expressly prohibited within duplex and multifamily residential
structures.
c. Parking shall be provided on -site at the rate of one (1) parking
space per two hundred fifty (250) square feet of gross floor area.
8. Additional limitations on usage of bonus floor area ratio: Within the R-3
district located along Brickell Avenue, bounded by Southeast 26th Road
and Southeast 15th Road, all additional increases in floor area that are
obtained pursuant to Articles 5 and 9 of this zoning ordinance shall
conform with the following limitations:
a. For development bonuses obtained pursuant to Article 5
(Planned Unit Development), an enhanced level of public
benefit and amenities shall be provided in order to obtain
approval of a PUD designation; such public benefit shall be
in the form of publicly accessible open space and/or an
enhanced design that ensures all required parking is
screened from street view by provision of liner uses; liner
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.
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File Number: 04-00197
uses are usable active space within the building envelope;
such uses shall have a minimum depth of 15 feet. Liners are
required on each floor with parking behind, up to the
maximum garage height. Liners may only be interrupted by
required access points to the parking/service areas in the
rear of the building. Liners are also desirable along all other
street frontages.
b. For development bonuses obtained pursuant to Article 9
(increased development bonuses for contribution to the
Affordable Housing Trust Fund) all bonus square footage
(i.e. any square footage that is an increase due to bonuses
obtained in exchange for affordable housing trust fund
contribution) shall be utilized for increases in unit sizes as
follows: one bedroom units shall be a minimum of 900
square feet in size; two bedroom units shall be a minimum of
1200 square feet in size, and 3 bedroom units shall be a
minimum of 1500 square feet in size. All other units may be
developed at any size, subject to compliance with applicable
building regulations.
R-4 Multifamily High -Density Residential.
Conditional Principal Uses:
Same as for R-3 and in addition:
1. Adult daycare centers shall be permitted by Class 1 Special Permit
if for four (4) adults or less, and by Class 11 Special Permit if for five
(5) adults or more, subject to the requirements and limitations of
Section 935, Adult Daycare Centers.
2. Community based residential facilities, with more than fourteen (14)
residents including staff, permitted only by Special Exception with
City Commission approval, subject to the requirements and
limitations of Section 934.
3. Convalescent homes, nursing homes, institutions for the aged or
infirm and orphanages are permitted only by Special Exception with
City Commission approval, subject to the requirements and
limitations of Section 934.
4. Child daycare centers, subject to the restrictions and limitations in
Section 936, permitted by Class l Special Permit.
5. Additional limitations on usage of bonus floor area ratio: Within the
R-3 district located along Brickell Avenue. bounded by Southeast
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File Number; 04-00197
26th Road and Southeast 15th Road, all additional increases in
floor area that are obtained pursuant to Articles 5 and 9 of this
zoning ordinance shall conform with the following limitations:
a. For development bonuses obtained pursuant to Article 5
(Planned Unit Development), an enhanced level of public
benefit and amenities shall be provided in order to obtain
approval of a PUD designation; such public benefit shall be
in the form of publicly accessible open space and/or an
enhanced design that ensures all required parking is
screened from street view by provision of liner uses; liner
uses are usable active space within the building envelope;
such uses shall have a minimum depth of 15 feet. Liners are
required on each floor with parking behind, up to the
maximum garage height. Liners may only be interrupted by
required access points to the parking/service areas in the
rear of the building. Liners are also desirable along all other
street frontages.
b. For development bonuses obtained pursuant to Article 9
(increased development bonuses for contribution to the
Affordable Housing Trust Fund) all bonus square footage
(i.e. any square footage that is an increase due to bonuses
obtained in exchange for affordable housing trust fund
contribution) shall be utilized for increases in unit sizes as
follows: one bedroom units shall be a minimum of 900
square feet in size; two bedroom units shall be a minimum of
1200 square feet in size, and 3 bedroom units shall be a
minimum of 1500 square feet in size. All other units may be
developed at any size, subject to compliance with applicable
building regulations.
ARTICLE 5. PLANNED UNIT DEVELOPMENT
Sec. 501, Planned Unit Development, generally.
For purpose of these regulations, a Planned Unit Development is land under
unified control, to be planned and developed as a whole:
(a) For principal and accessory structures and uses substantially
related to the character and purposes of the district;
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(b) According to comprehensive and detailed plans that include not
only streets, utilities, lots or building sites and the like, but also, at
the discretion of the Director of the Planning and Zoning
Department, may require site plans, floor plans and elevations for
all buildings as intended to be located, constructed, used and
related to each other, and detailed plans for other uses and
improvements on the land as related to the buildings;
(c) With a program to provide operation and maintenance of such
areas, facilities and services for common use by the occupants or
visitors to the district. These services shall not be provided at
general public expense.
Sec. 502. PUD districts; minimum area, maximum densities and maximum floor
area ratios permitted.
(a) Planned Unit Developments shall have a minimum gross lot area of
fifty thousand (50,000) square feet.
(b) Densities for the Planned Unit Development in residential districts
are as follows:
R-1 See Section 508.
R-2 Eighteen (18) dwelling units per net acre.
R-3 Sixty-five (65) dwelling units per net acre.
R-4 One hundred fifty (150) dwelling units per net acre.
(c) Except in R-1, an increase in floor area ratio of up to twenty (20)
percent over that allowed by the underlying district, when allowed
under the limitations of the Miami Comprehensive Neighborhood
Plan in effect at time of application.
Within R-3 and R-4 zoning districts located along Brickell Avenue,
bounded by Southeast 15th Road to Southeast 26th Road, and
within the SD-5 and SD-7 special zoning districts, such increases in
floor area ratio shall require that the Planned Unit Development
proposals include an enhanced level of .public benefit and
amenities; such public benefit shall be in the form of publicly
accessible open space and/or an enhanced design that ensures all
required parking is screened from street view by provision of liner
uses; liner uses are usable active space within the building
envelope; such uses shall have a minimum depth of 15 feet. Liners
are required on each floor with parking behind, up to the maximum
garage height. Liners may only be interrupted by required access
points to the parking/service areas in the rear of the building. Liners
are also desirable along all other street frontages.
Within the SD-5 and SD-7 Special Zoning Districts, such
enhancements may also include public plaza spaces that allow for
activation of ground floor spaces by providing a minimum of 80°/9
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ground floor retail and commercial uses designed to conform with
the City's Primary Pedestrian Pathway Standards.
*
ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS
Sec. 605. SD-5 Brickell Avenue Area Office -Residential District.
Sec. 605.7. Floor Area Limitations.
Floor area limitations of the SD-5 district shall be as follows, subject to the
requirements and limitations of Sections 903.1 and 903.2:
605.7.1. Floor area limitations for residential, nonresidential and
combination use buildings.
Except as modified by Section 605.7.2. below:
1. The floor area for all residential uses, including hotels, shall not
exceed four and twenty-five hundredths (4.25) times the gross lot area.
2. The floor area for all nonresidential uses shall not exceed three and
twenty-five hundredths (3.25) times the gross lot area.
3. The total floor area for combination of residential and nonresidential
uses within the same building (or buildings on the same lot) shall not
exceed four and twenty-five hundredths (4.25) times the gross lot area;
provided, however, nonresidential uses shall not exceed three and twenty-
five hundredths (3.25) times the gross lot area.
605.7.2. Allowable increase in floor area for offsite affordable housing;
retail, service, restaurants, museums, art galleries, post offices, and
libraries at ground level; underground parking; and daycare.
The maximum floor area set forth in Section 605.7.1 above shall be
increased in conformance with the following provisions and limitations;
provided, however, that the maximum one (1.0) offsite affordable housing
bonus must be used before other bonuses become applicable.
1. Offsite Affordable Housing: The floor area shall be increased by
Class II Special Permit for any permitted use up to a total increase of one
(1.0) times the gross lot area, provided that, for every one (1) square foot
of increase there shall be a nonrefundable developer contribution of
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File Number 04-00197
twelve dollars and forty cents ($12.40) to the Affordable Housing Trust
Fund administered by the City of Miami.
No building permit shall be issued for increased floor area until the City of
Miami has certified compliance with the provisions of this section. The City
of Miami shall certify compliance when a certified check to the Affordable
Housing Trust Fund has been deposited with the City of Miami.
For development bonuses obtained pursuant to contributions to the
Affordable Housing Trust Fund, all bonus square footage (Le. any square
footage that is an increase due to bonuses obtained in exchange for
affordable housing trust fund contribution) shall be utilized for increases in
unit sizes as follows: one bedroom units shall be a minimum of 900 square
feet in size; two bedroom units shall be a minimum of 1200 square feet in
size, and 3 bedroom units shall be a minimum of 1500 square feet in size.
Ali other units may be developed at any size, subject to compliance with
applicable building regulations.
2. Retail, service, and restaurant, and other public amenity uses at
ground level: For every one (1) square foot of floor area located at ground
level (at or below the lowest habitable floor elevation permitted by federal
floodplain management criteria), which is used for retail or service
establishments permitted generally within the C-1 district or by
restaurants, bars, taverns, post offices, art galleries, museums, theaters,
libraries, or similar cultural uses, the total allowable floor area shall be
increased by three (3) square feet for any permitted use.
Individual establishments shall be designed to be visible and accessible to
an adjacent public sidewalk, urban plaza, or waterfront walkway ,
percent of each exterior storefront area. Building entrances shall be no
more than forty two ('12) inch -es abovo the adjacent public sidewalk
Uses having principal access from interior building circulation, or uses that
cannot be located within 3 feet of (above or below) grade, shall not qualify. In
addition, if any portion of the subject property is located along an already
existing "Primary Pedestrian Pathway, then the retail uses located along such
frontage shall not count towards this bonus. Street frontages upon which the
bonus retail uses are to be located shall not be allowed to provide vehicular
curb cuts.
3. For every one and one half (1.5) square f
increased by one (4) square foot for any permitted usc, not to exceed fifty
ha
City of Miami
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4- 3. Child Care Center: For every one (1) square foot of floor area of
child care center indoor area and two (2) square feet of child care outdoor
play area that meets the requirements of Section 936, the total allowable
floor area shall be increased by four (4) square feet, but not to exceed a
total floor area increase of five -tenths (0.5) times the gross lot area.
Additional limitations on usage of bonus floor area ratio: All additional
increases in floor area that are obtained pursuant to Article 5 shall
conform with the following limitations:
a. For development bonuses obtained pursuant to Article 5
(Planned Unit Development), an enhanced level of public
benefit and amenities shall be provided in order to obtain
approval of a PUD designation; such public benefit shall be
in the form of publicly accessible open space and/or an
enhanced design that ensures all required parking is
screened from street view by provision of liner uses; liner
uses are usable active space within the building envelope;
such uses shall have a minimum depth of 15 feet. Liners are
required on each floor with parking behind, up to the
maximum garage height. Liners may only be interrupted by
required access points to the parking/service areas in the
rear of the building. Liners are also desirable along all other
street frontages. Within the SD-5 Special Zoning District,
such enhancements may also include public plaza spaces
that allow for activation of ground floor spaces by providing a
minimum of 80% ground floor retail and commercial uses
designed to conform with the City's Primary Pedestrian
Pathway standards.
*
Sec. 607. SD-7 Central Brickell Rapid Transit Commercial -Residential District.
Sec. 607.7. Floor area limitations.
Floor area limitations for SD-7 shall be as follows, subject to the limitations and
requirements of Sections 903.1 and 903.2:
607.7.1. Floor area limitations for residential, nonresidential, and
combination use buildings.
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The maximum floor area ratio for all uses on an individual lot shall not
exceed eight (8.0) times the gross lot area.
Except as modified in Section 607.7.2 below:
1. The maximum floor area ratio for all residential uses on an
individual lot shall not exceed six (6.0) times the gross lot area.
2. The maximum floor area ratio for all nonresidential uses on an
individual lot shall not exceed two and twenty-five hundredths (2.25) times
the gross lot area.
607.7.2. Allowable increase in nonresidential floor area for any building
providing for certain supporting uses; limitations.
The maximum allowable floor area for nonresidential uses on an individual
lot shall be increased in conformance with the following provisions and
limitations:
a� der every one (1) square foot of floor area provided onsite for
increased by one (1) square feat. Such- residential er hotel floor area Eha4
chaff[ b rpermi to
1. Offsite affordable housing: The floor area shall be increased by
Class II Special Permit for any nonresidential use up to a total increase of
one (1.0) times the gross lot area, provided that, for every one (1) square
foot of increase there shall be a nonrefundable developer contribution of
twelve dollars and forty cents ($12.40) to the Affordable Housing Trust
Fund administered by the City of Miami.
No building permit shall be issued for increased floor area until the City of
Miami has certified compliance with the provisions of this section. The City
of Miami shall certify compliance when a certified check to the Affordable
Housing Trust Fund has been deposited with the City of Miami.
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File Number: 04-00197
For development bonuses obtained pursuant to contributions to the
Affordable Housing Trust Fund, all bonus square footage (Le. any square
footage that is an increase due to bonuses obtained in exchange for
affordable housing trust fund contribution) shall be utilized for increases in
unit sizes as follows: one bedroom units shall be a minimum of 900 square
feet in size, two bedroom units shall be a minimum of 1200 square feet in
size, and 3 bedroom units shall be a minimum of 1500 square feet in size.
All other units may be developed at any size, subject to compliance with
applicable building regulations.
2. Retail, service, restaurant and cultural uses: For every one (1)
square foot of ground level uses listed in Section 607.4.1 and constructed
in accord with "The City of Miami Primary Pedestrian Pathway Design
Guides and Standards," the floor area shall be increased by one (1)
square foot for any nonresidential use or two (2) square feet for residential
use. Such uses shall be adjacent to and directly accessible from public
street sidewalks or from a ground level open space as defined in Section
607.8.3. Uses having principal access from interior building circulation, or
uses that cannot be located within 3 feet of (above or below) grade, shall
not qualify. In addition, if any portion of the subject property is located
along an already existing "Primary Pedestrian Pathway, then the retail
uses located along such frontage shall not count towards this bonus.
Street frontages upon which the bonus retail uses are to be located shall
not be allowed to provide vehicular curb cuts.
3. Theaters: For every ear (1-) square foot of floor area that a building
provides of theater use that meets the requirements of section 607.8.4,
not to excee
Iot ar a.
4- 3. Child Daycare Center: For every one (1) square foot of floor
area of child care center indoor area and two (2) square feet of child care
outdoor play area that meets the requirements of Section 936, the
nonresidential floor area shall be increased by four (4) square feet, but not
to exceed a total floor area increase of five -tenths (0.5) times the gross lot
area.
Additional limitations on usage of bonus floor area ratio: All additional
increases in floor area that are obtained pursuant to Article 5 shall
conform with the following limitations:
a. For development bonuses obtained pursuant to Article 5 (Planned
Unit Development), an enhanced level of public benefit and
amenities shall be provided in order to obtain approval of a PUD
City of Miami
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Rio Number. 04-00197
designation; such public benefit shall be in the form of publicly
accessible open space and/or an enhanced design that ensures all
required parking is screened from street view by provision of liner
uses; liner uses are usable active space within the building
envelope; such uses shall have a minimum depth of 15 feet. Liners
are required on each floor with parking behind, up to the maximum
garage height. Liners may only be interrupted by required access
points to the parking/service areas in the rear of the building. Liners
are also desirable along all other street frontages. Within the SD-7
Special Zoning District, such enhancements may also include
public plaza spaces that allow for activation of ground floor spaces
by providing a minimum of 80% ground floor retail and commercial
uses designed to conform with the City's Primary Pedestrian
Pathway Standards.
*
ARTICLE 21. ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND
PENALTIES
2105.4. Status of applications for development permits or certificates of
occupancy under Ordinance No. 11000 when Ordinance No. 11000 has been
amended.
2105.4.1. Applications and Permits. Any property owner or lawful
representative, who, prior to the effective date of any legislation repealing
or modifying regulations which allow the requested activity, has properly
filed a complete application for a development permit(s) with the
appropriate City department, is authorized to proceed with such
application(s) regardless of the subsequent repeal of regulations relevant
to such requested activity, unless the contrary is specifically decreed. In
no case shall an application be accepted subsequent to the effective date
of an ordinance which precludes the approval or action applied for.
Applicants for said development permits shall be allowed to make
changes in their application(s) only when so required by the City as a
result of its review of the application(s). The necessary building permit(s)
or certificate(s) of use, whichever is first required, when reviewed under
expired regulations, shall be obtained a) within one hundred eighty (180)
days of the effective date of the expired regulations; b) within one hundred
eighty (180) days from the date of Class 11 Special Permit, Special
Exception or Variance approval by the appropriate department, or final
public hearing approval, as the case may be; c) within no greater than six
(6) years from the final public hearing approval by the City Commission for
Major Use Special Permits; and d)for subsequent (beyond phase I)
phases of an approved phased project, within no greater than six (6) years
from the issuance of a building permit for phase I of said approved phased
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project; and subsequent six (6) year periods between additional phases.
No extensions may be granted beyond these time periods.
In the event an appeal is taken to the courts, said building permit(s) or
certificate(s) shall be obtained within one hundred eighty (180) days from
the date the final court decision is rendered, except for Major Use Special
Permits and phased projects (as described above) which will have six (6)
years from the final court decision, whichever provides the longer period of
time.
2105.4.2. Construction and Occupancy. if actual construction is not under
way, and previous issued building permits or certificates of use have
expired or become void, new building permits or certificates of use shall
be required and shall be in accord with any new regulations established by
the amendment of this ordinance.
2105.4.3. Occupancy not involving pending building permits. Where
certificates of occupancy do not relate to a pending building permit, unless
such use has been established prior to the effective date of this ordinance
or its amendment which would prohibit such use, such certificates shall
become void, and new certificates, conforming to the new regulations,
shall be required.
* *„
Section 3. All ordinances or parts of ordinances insofar as they are
inconsistent or in conflict with the provisions of this Ordinance are repealed.
Section 4. 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 5. This Ordinance shall become effective thirty (30) days after
final reading and adoption.-2-1
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
z/
J�.
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
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