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HomeMy WebLinkAboutSR LegislationJ-04-©29 02/12/04 ORDINANCE NO. 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 AND 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:1/ "ARTICLE 6. Special Zoning Districts Sec. 608. SD-8 Miami Design District. * * * 608.9. Maximum height. Unless otherwise specified, the maximum height shall be unlimited Unlimitcd, except that building walls shall not exceed forty (40) feet along the front base 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. Page 2 of 18 building line adjacent to any streets, and the remaining building height may begin at a distance of ten (10) feet back from the base building line. 608.13. Additional special limitations for properties with frontage on Biscayne Boulevard. Notwithstanding the height, footprint and setback limitations set forth throughout Section 608, the following limitations shall be adhered to for all development located on properties with an SD-8 zoning designation that have any portion of land fronting on Biscayne Boulevard or located east Boulevard. 608.13.1. Height of Biscayne 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. Page 3 of 18 * 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 properties. 608.13.2. Building envelope and access. Building envelope and access limitations shall be as set forth for the SD-9 Biscayne Boulevard North Overlay District as specified in Sections 609.2.2. through and including Section 609.8.5. Footprint Limitations. Where such regulations conflict with other provisions of Section 608, the more restrictive shall apply. * 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 Page 4 of 18 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 Page 5 of 18 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 Page 6 of 18 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. (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 Page 7 of 18 (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 herein by reference, shall apply for all new development to be located within the district, however may be waived pursuant to a Class II Special Permit as set forth in Article 15 if such a waiver is required to Page 8 of 18 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. 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. Residential and mixed use structures containing a residential component: 95 feet (8 floors) maximum. Page 9 of 18 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 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; Buildings shall be placed on the front setback line, parallel to Biscayne Boulevard. Any wall constructed along Biscayne Boulevard shall be required to have a minimum of 100% of its length along the property line as usable, active space. 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 Page 10 of 18 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. Side Street Setback (Any Street Other Than Biscayne Boulevard): 0 feet-10 feet; Building walls shall be placed on the side property line, or may be set back from the side property line a constant distance up to 10 feet. Building walls shall be constructed parallel to the side property line. Any wall constructed along the side property line of a corner parcel shall be required to have a minimum of 65% of its length along the side property line as usable, active space. Page 11 of 18 Side Property Line Setback: 0 feet - 10 feet; except when abutting a lower density residential district, in which case, a minimum of 5 feet shall be provided; Building walls shall be placed on the side property line, or may be set back from the side property line a consistent distance up to 10 feet. Building walls shall be constructed parallel to the side property line. 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. Page 12 of 18 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; Buildings shall be placed on the front setback line, parallel to Biscayne Boulevard. Any wall constructed along Biscayne Boulevard shall be required to Page 13 of 18 have a minimum of 100% of its length along the property line as usable, active space. Side Street Setback (Any Street Other Than Biscayne Boulevard): 0 feet - 10 feet; Building walls shall be placed on the side property line, or may be set back from the side property line a constant distance up to 10 feet. Building walls shall be constructed parallel to the side property line. Any wall constructed along the side property line of a corner parcel shall be required to have a minimum of 65% of its length along the side property line as usable, active space. Side Property Line Setback: 0 feet - 10 feet; except when abutting a lower density residential district, in which case, a minimum of 5 feet shall be provided; Building walls shall be placed on the side property line, or may be set back from the side property line a consistent distance up to 10 feet. Building walls shall be constructed parallel to the side property line. Page 14 of 18 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. 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 Page 15 of 18 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 the side street. Access to garages and parking areas shall be from Biscayne Boulevard, only when no other access is possible. Garage access ways 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. 609.8- 9. Limitations on signs. Page 16 of 18 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 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. 1 PASSED ON FIRST READING BY TITLE ONLY this 26th day of February , 2004. 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. Page 17 of 18 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 TORM AND CORRECTNESS:. DRO VILARELLO ATTORNEY W1585:GKW:et Page 18 of 18