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HomeMy WebLinkAboutO-12530City of Miami Legislation Ordinance: 12530 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00108 Final Action Date: 4/29/2004 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, 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, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of February 4, 2004, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 10-04 by a vote of five to three (5-3), 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: 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. 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 6. Special Zoning Districts City of Miami Page 1 of 8 File Id: 04-00108 (Version: 2) Printed On: 9/12/2016 File Number: 04-00108 Enactment Number: 12530 Sec. 609. SD-9 Biscayne Boulevard North Overlay District. 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 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. 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 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 City of Miami Page 2 of 8 File Id: 04-00108 (Version: 2) Printed On: 9/12/2016 File Number: 04-00108 Enactment Number: 12530 Department finds that the proposal is in compliance with all applicable criteria as set forth in Section 1305. (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, except as otherwise specified. (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. (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. The "Biscayne Boulevard North Design Standards and Guidelines," incorporated by reference, may be used as guidelines for new development to be located within the district, when the proposed development's architectural style is consistent with such standards, however, said guidelines need not be adhered to for other styles and may be waived or modified pursuant to a Class II Special Permit as set forth in Article 15 if such a waiver is required to adhere to other stricter limitations set forth within the district or if such waiver will result in a development that better reflects the urban character of Biscayne Boulevard and complies with the criteria set forth in Section 1305. City of Miami Page 3 of 8 File Id: 04-00108 (Version: 2) Printed On: 9/12/2016 File Number: 04-00108 Enactment Number: 12530 Sec. 609.8. Additional Limitations. For purposes of interpreting the SD-9 requirements as to building envelope and height, Biscayne Boulevard shall be considered the front, regardless of site orientation and configuration. 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: For properties located on the west side of Biscayne Boulevard from Northeast 39th Street, in a northerly direction, up to a line which runs in a westerly direction from the southerly right-of-way line of Northeast 50th Terrace, as extended to the west: 120 feet maximum; For properties located on the west side of Biscayne Boulevard from Northeast 79th Street, in a northerly direction, up to the City Limits: 120 feet maximum; For properties with over 150 feet in depth as of April 29, 2004, (as measured from Biscayne Boulevard and providing for Biscayne Boulevard to be considered the front regardless of lot configuration): 120 feet maximum. Such properties shall have a maximum height limitation of 25 feet at the rear setback point from which no building height shall be allowed above a 45 degree angle line; such line shall commence at the 25 foot height and slope in a direction towards Biscayne Boulevard. For all remaining properties: Nonresidential: 85 feet (7 floors) maximum. Residential and mixed use structures containing a residential component: 95 feet (8 floors) maximum. For all properties, the bulk of the building shall be placed toward Biscayne Boulevard. Taller buildings on deeper lots require larger setbacks from the rear property line to further City of Miami Page 4 of 8 File Id: 04-00108 (Version: 2) Printed On: 9/12/2016 File Number: 04-00108 Enactment Number: 12530 reduce impacts on adjacent properties. 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 40 Feet Above Grade. Boulevard Setback: 10 feet minimum; Buildings shall be setback a minimum of ten (10) feet from the Biscayne Boulevard base building line, except if an arcade is provided at the ground floor; in such cases, 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. Walls constructed along Biscayne Boulevard need not be continuously located along the 10 foot setback line; additional setbacks to allow for pedestrian entranceways, cafe uses and plazas shall be permitted, however, 100% of the ground floor frontage along Biscayne Boulevard (whether enclosed or unenclosed) shall be required to consist of usable active spaces. 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. Side Street Setback (Any Street Other Than Biscayne Boulevard): 0 feet minimum to 10 feet maximum; Building walls constructed along side streets need not be continuously located along the 10 foot maximum setback line; additional setbacks to allow for pedestrian entranceways, cafe uses and plazas shall be permitted, however, 65% of the ground floor frontage along the street side property line of a corner parcel (whether enclosed or unenclosed) shall be required to consist of usable active spaces. Side Property Line Setback: 0 feet minimum; except when abutting a lower density residential district, in which case, a minimum of 10 feet shall be provided. 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 City of Miami Page 5 of 8 File Id: 04-00108 (Version: 2) Printed On: 9/12/2016 File Number: 04-00108 Enactment Number: 12530 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 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. Boulevard Setback: 10 feet minimum; Buildings shall be setback a minimum of ten (10) feet from the Biscayne Boulevard base building line, except if an arcade is provided at the ground floor; in such cases, encroachments of usable active space (including liner uses), whether enclosed or unenclosed, may be provided up to the property line or base building line. Walls constructed along Biscayne Boulevard need not be continuously located along the 10 foot setback line; additional setbacks to allow for terraces, balconies and architectural articulation shall be permitted, however, 100% of the uses occupying frontage along Biscayne Boulevard (whether enclosed or unenclosed) shall be required to consist of habitable or usable active spaces. Side Street Setback (any street other than Biscayne Boulevard): 0 feet minimum to 10 feet maximum; Building walls constructed along side streets need not be continuously located along the 10 foot maximum setback line; additional setbacks to allow for terraces, balconies and architectural articulation shall be permitted, however, 65% of the uses located along the street side property line of a corner parcel (whether enclosed or unenclosed) shall be required to consist of habitable or usable active spaces. Side Property Line Setback: 0 feet minimum; except when abutting a lower density residential district, in which case, a minimum of 10 feet shall be provided. Rear Property Line Setback: Minimum of 20 feet above a height of 40 feet from grade, and also subject to the requirements of Section 907.3.2 (which requires an additional setback City of Miami Page 6 of 8 File Id: 04-00108 (Version: 2) Printed On: 9/12/2016 File Number: 04-00108 Enactment Number: 12530 of one foot in the horizontal for two additional feet in the vertical dimension); 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. 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 as may be located 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. 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 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 Biscayne Boulevard 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 and within the SD-9 District, except that all applicable setback limitations as set forth in Section 609.8.2. shall be met. Sec. 609.8 9. Limitations on signs. See Article 10 for sign regulations and limitations. * * *!I Section 3.AII ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. City of Miami Page 7 of 8 File Id: 04-00108 (Version: 2) Printed On: 9/12/2016 File Number: 04-00108 Enactment Number: 12530 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._ City of Miami Page 8 of 8 File Id: 04-00108 (Version: 2) Printed On: 9/12/2016