HomeMy WebLinkAboutFR Legislation DRAFTJ-04-
1/21/04
DRAFT 2/13/04
ORDINANCE NO.
CONSIDERATION OF AMENDING ORDINANCE NO.
11000, OF THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 6,
SPECIAL DISTRICTS, IN ORDER TO AMEND SEC.
609. SD-9 BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT TO MODIFY SPECIAL DISTRICT
REQUIREMENTS, INCLUDING REQUIREMENTS RELATED
TO HEIGHT, SETBACK AND FOOTPRINT LIMITATIONS
AND TO INCORPORATE CERTAIN DESIGN STANDARDS
AND GUIDELINES; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of , Item No. --, following an advertised
hearing, adopted Resolution No. PAB ----04 by a vote of
to ---(---), RECOMMENDING APPROVAL of amending Zoning
Ordinance No. 11000 as hereinafter set forth; and
WHEREAS, the City Commission after careful
consideration of this matter deems it advisable and in the
best interest of the general welfare of the City of Miami
and its inhabitants to amend Ordinance No. 11000 as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
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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. Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, is hereby
amended by amending the text of said Ordinance as follows:ll
"ARTICLE 6. Special Zoning Districts"
Sec. 609. SD-9 Biscayne Boulevard North Overlay District.
Sec. 609.1. Intent.
Biscayne Boulevard North is one of the major gateways to the
City of Miami. This overlay district is of special and
substantial public interest because of the need to upgrade
the amenities and visual qualities of the boulevard. It is
intended that future public and private development shall
respect and enhance this gateway role by providing well -
landscaped development along the boulevard; to encourage
appropriate development and to assure appropriate uses along
i/
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
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the boulevard by modifying the use regulations of underlying
districts. It is further intended to protect the character
of Biscayne Boulevard by enacting certain height
restrictions as a component of this overlay district to
ensure that future development along this significant
corridor not intrude on light and air flows along the
Boulevard.
Sec. 609.2. Effect of SD-9 district designation.
The effect of these SD-9 regulations shall be to modify
regulations within portions of other zoning districts
included within the SD boundaries to the extent indicated
herein.
Sec. 609.3. Class II Special Permit.
609.3.1. When required.
A Class II Special Permit shall be required prior to
approval of any permit (except special permits pursuant to
article 13) affecting the height, bulk, location or exterior
configuration of any existing building; or for the erection
of any new building; demolition permits; or for the
unchanged. Asterisks indicate omitted and unchanged
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location, relocation or alteration of any structure, parking
area or vehicular way visible from a public street.
609.3.2. Considerations in making Class II Special Permit
Determinations.
The purpose of the Class II Special Permit shall be to
ensure conformity of the application with the expressed
intent of this district, with the applicable criteria listed
in Section 1305 and any other applicable criteria specified
in this ordinance, as amended. In making determinations
concerning construction of new principal buildings or
substantial exterior alterations of existing principal
buildings, the Director of the Planning and Zoning
Department shall obtain the recommendation of the Urban
Development Review Board. In the event that the UDRB fails
to meet within thirty (30) days or fails to make a
recommendation to the Planning Director within sixty (60)
days after plans have been submitted for review, the
requirement for UDRB review may be waived, if the Director
of the Planning and Zoning Department finds that the
proposal is in compliance with all applicable criteria as
set forth in Section 1305.
material.
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(1) Along Biscayne Boulevard, the pedestrian open space at
the ground floor frontage shall be so designed, improved and
located to provide an attractively landscaped appearance
using royal palms and other types of tropical plants
suitable to its gateway role.
(2) Offstreet parking shall not be placed in required yards
or required open space adjacent to Biscayne Boulevard, and
vehicular entrances shall be prohibited along the boulevard
when access from other public rights -of -way is available;,(
e cept.,.a of erw . e. s eci .ed Yere; n .'
(3) Interim landscape. Prior to demolition and removal of
existing structures, pavement and vegetation from a
development site, the owner or developer shall be required
to obtain all demolition approvals and tree removal permits
as necessary. The zoning official may require as a condition
of approval for a demolition permit, that sites of
demolition shall not be left in a barren, undeveloped state
without commencement of vertical construction or
revegetation within sixty (60) days of clearing.
Revegetation shall include sodding with grasses or other
ground cover to prevent soil erosion and blowing of airborne
particulate matters and debris. Owner will be required to
maintain the landscape.
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(4) Architectural Guides and standards:
INTENT
The Architectural Guidelines for the Biscayne Boulevard
Corridor Area, and more specifically in this section, to the
SD-9 District, are intended to direct new construction
toward the highest quality pedestrian experience. The
Architectural Guidelines are not intended to dictate
architectural style, nor are they intended to restrict
expression or variety in architecture. Rather these
guidelines describe those elements that have the greatest
impact on the Public Realm in order to ensure that the
impact is positive.
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Sec. 609.8. Additional Limitations.
Irrespective of the underlying zoning requirements, the
following special limitations• as to height, footprint and
setbacks shall apply to all properties with an SD-9 Overlay
designation:
609.8.1. Height Limitations.
Garage Height:
40 feet Maximum. Garages are intended to be located at the
back of the lot, away from public view at the Boulevard.
Heights of parking structures and garages may not exceed 40
feet, measured from grade.
Building Height:
Nonresidential: 85 feet (7 floors) maximum.
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Residential and mixed use structures containing a
residential component: 95 feet (8 floors) maximum.
The bulk of the building shall be placed toward Biscayne
Boulevard. Taller buildings require larger setbacks from
the rear property line to further reduce impacts on adjacent
roperties.
609.8.2. Building Envelope Limitations.
Structures located within the district shall comply with the
following building envelope limitations:
A. BUILDING ENVELOPE REQUIREMENTS FROM GRADE TO 90 feet
ABOVE GRADE
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At the ground floor to a height of 16 feet above the
sidewalk, the 10-foot setback may be used for
furniture, lighting and/or the construction of a
continuous arcade. Arcades, when used, shall be
exactly 10 feet in depth and shall be no less than 15
feet in clear height.
In addition, if an arcade is provided above the first
floor ceiling to a height of 40 feet above the
sidewalk, then, encroachments of usable active space
(including liner uses), whether enclosed or unenclosed,
may be provided up to the property line or base
building line; subject to compliance with all
visibility requirements.
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REAR PROPERTY LINE SETBACK FOR PROPERTIES WITH LESS
THAN 150 FEET IN DEPTH (measured depth from Biscayne
Boulevard): 5 feet; Building walls may be placed no
less than 5 feet from the rear property line. Within
the setback, a screenwall, no less than 8 feet in
height, measured from grade, shall be constructed to
screen the view of the parking areas from the adjacent
parcels. Screenwalls shall be constructed of stone or
concrete and must be finished on all sides. Plantings
and other landscaping which serves to assist in
screening the view of parking areas are encouraged, and
may be placed in the rear setback.
REAR PROPERTY LINE SETBACK FOR PROPERTIES WITH 150 FEET
OR MORE IN DEPTH (measured depth from Biscayne
Boulevard): 10 feet; Building walls may be placed no
less than 10 feet from the rear property line. Within
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the setback, a screenwall, no less than 8 feet in
height, measured from grade, shall be constructed to
screen the view of the parking areas from the adjacent
parcels. Screenwalls shall be constructed of stone or
concrete and must be finished on all sides. Plantings
and other landscaping which serves to assist in
screening the view of parking areas are encouraged, and
may be placed in the rear setback.
B. BUILDING ENVELOPE REQUIREMENTS FROM 40 feet ABOVE GRADE
TO MAXIMUM BUILDING HEIGHT
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REAR PROPERTY LINE SETBACK: 20 feet above a height of
40 feet from grade; building walls may be placed no
less than 20 feet from the rear property line.
Plantings and other landscaping which serves to assist
in screening the view of parking areas are encouraged,
and may be placed in the rear setback.
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609.8.3.Liner Depths
LINER DEPTH: 15 feet minimum; Liners (usable active
space within the building envelope) are required along
the entire Biscayne Boulevard frontage in order to
screen parking areas located behind such spaces, and to
prevent unused space along major frontage locations.
The liner depth establishes the limit of the parking
area toward Biscayne Boulevard. 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 and shall be provided
unless unfeasible due to narrow lot width.
609.8.4. GARAGE ACCESS WIDTH:
GARAGE ACCESS WIDTH: 25 feet maximum; Access to garages and
parking areas shall be from streets other than Biscayne
Boulevard; access from Biscayne Boulevard shall be permitted
only when no other access is reasonably possible;
particularly in cases of oversized blocks located on the
Boulevard. In cases of blocks fronting Biscayne Boulevard
with more than 500 linear feet of frontage, access ways from
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the Boulevard shall be permitted, however shall be minimized
as much as is reasonably possible. Garage access ways
located along other side streets shall not be located within
50 feet of Biscayne Boulevard (measured from the right-of-
way). Garage access ways shall be no wider than 25 feet.
Additional width may also be granted in order to meet
minimum turning radii of service vehicles. One point of
access is permitted per lot.
609.8.5. Footprint Limitations.
There shall be no maximum footprint limitation for
structures located on property with frontage on Biscayne
Boulevard except that all applicable setback limitations as
set forth in Section 609.8.2. shall be met.
Sec. 609.4 9. Limitations on signs.
See Article 10 for sign regulations and limitations.
Section 3. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are hereby repealed.
Section 4. If any section, part of section,
paragraph, clause, phrase or word of this Ordinance is
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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
thereof. zi
PASSED ON FIRST READING BY TITLE ONLY this
day of , 2004.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this
day of , 2004.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:
ALEJANDRO VILARELLO
CITY ATTORNEY
This Ordinance shall become effective as specified herein 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 herein, whichever is
later.
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