Loading...
HomeMy WebLinkAboutO-12576City of Miami Legislation Ordinance: 12576 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 04-00649 Final Action Date: 7/22/2004 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, IN ORDER TO ADD A NEW SPECIAL OVERLAY DISTRICT ENTITLED SD-24 SW 27TH AVENUE SPECIAL OVERLAY DISTRICT, ADDING AN INTENT STATEMENT AND CREATING SPECIAL DISTRICT REQUIREMENTS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of June 16, 2004, Item No. 4, following an advertised hearing, adopted Resolution No. PAB 76-04 by a vote of three to three (3-3), RECOMMENDING APPROVAL of amending Article 6, 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 Districts Sec. 624. SD-24 SW 27th Avenue Special Overlay District. Sec. 624.1. Intent SD-24. The commercial corridor that makes up 27th Avenue, between Coral Way (SW 22nd Street) and U.S. 1, like Coral Way, is a very diverse urban corridor containing a combination of low to mid -rise residential developments, office developments and commercial developments, excluding a portion of west side of the Avenue as it approaches the Metrorail Station and a portion on the east side of the corridor that abuts an Industrial district. There are numerous instances of different land uses occurring on opposite sides of the corridor. This unique blend of retail, office and residential uses marks SW 27th Avenue as a special urban neighborhood with potential for a great deal of pedestrian activity. City of Miami Page 1 of 7 File Id: 04-00649 (Version: 3) Printed On: 9/23/2016 File Number: 04-00649 Enactment Number: 12576 This corridor is a link between the Coconut Grove and Coral Way areas and, as such merits special attention to creating a pedestrian friendly environment that serves as a vibrant link and gateway within the city. The 27th Avenue corridor is also an important link to Metrorail for many residents and visitors to the area. Sec. 624.2. Effect of SD-24 district designation. The effects of these SD-24 regulations shall be to modify regulations within portions of other zoning districts included within the SD boundaries to the extent indicated herein. Sec. 624.3. Class II Special Permit. 624.3.1. Requirements. 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; exterior demolition permits, or for the location, relocation or alteration of any structure, parking area or vehicular way visible from a public street. 624.3.2. Consideration in making Class 11 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 criteria listed in Section 1305, with the special considerations listed below, 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 (UDRB). 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 determines that the proposal is in compliance with the applicable criteria as set forth in Section 1305. (1) Along SW 27th Avenue, the pedestrian open space at the ground floor frontage shall be so designed, improved and located to provide an attractively landscaped appearance that promotes pedestrian activity. (2) Offstreet parking shall not be placed in required yards or required open space adjacent to SW 27th Avenue, and vehicular entrances shall be encouraged along SW 27th Avenue in order to mitigate vehicular intrusion into the low density residential areas located behind the 27th Avenue Corridor. In addition, parking structures facing adjacent residentially zoned districts shall be designed in an attractive manner so as to mitigate its impact on the residential area; in addition, when access is located along streets other than SW 27th Avenue (as may be necessary), such ingress and egress shall be designed with curb cuts that direct traffic to and from the subject properties utilizing SW 27th Avenue; egress curb cuts shall be directed toward SW 27th Avenue to force traffic away from the adjacent lower density residential neighborhoods, and ingress curb cuts shall be cut from SW 27th Avenue to ensure traffic to such properties does not enter from the adjacent lower density residential neighborhoods, but rather from 27th Avenue. (3) Interim landscape. Prior to demolition and removal of existing structures, pavement and/or City of Miami Page 2 of 7 File Id: 04-00649 (Version: 3) Printed On: 9/23/2016 File Number: 04-00649 Enactment Number: 12576 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. 624.3.3. Limitation of use of chain link fence. Chain link fence shall not be placed in required open space adjacent to SW 27th Avenue unless it is of a temporary nature to secure an unsafe structure prior to demolition or has been visually screened with landscape material. Sec. 624.4. Permitted principal uses and structures. Principal uses and structures are as permitted generally or conditionally by special permit in the underlying district, except the following uses shall not be permitted: 1. Community based residential facilities. 2. Private clubs, lodges, fraternities and sororities operated for profit. 3. Coin laundry operations. 4. Pool halls, billiard parlors, and game rooms. 5. Used automobile dealerships. 6. Ambulance service. 7. Sewing ships. 8. Hiring halls or labor pools. 9. Discount membership merchandisers. 10. Vehicle rental facilities. 11. Aluminum recycling machines. Sec. 624.5. Conditional principal uses. Conditional principal uses shall be subject to the applicable criteria in Section 1305 and any other applicable criteria specified in this ordinance, as amended. Sec. 624.5. Conditional principal uses. Same as for the underlying district with the limitations contained in Section 624.4, and in addition, for the C-1 district only: 1. Convalescent homes, nursing homes, or institutions for the aged or infirmed, by Class II Special Permit, and only where the ground floor frontage along Coral Way is designed with an active, pedestrian oriented space that does not diminish pedestrian activity, including lobbies. 2. Commercial parking Tots only by Class II Special Permit, and only when designed to diminish the visual appearance of cars from SW 27th Avenue. 3. New automobile sales, by Special Exception only, and only when located within a completely City of Miami Page 3 of 7 File Id: 04-00649 (Version: 3) Printed On: 9/23/2016 File Number: 04-00649 Enactment Number: 12576 enclosed showroom structure fronting along SW 27th Avenue. 4. Automotive service stations, automotive repairs and car wash facilities only by Special Exception. 5. Retail establishments operating from the hours of midnight to 6:00 a.m. only by Special Exception. 6. Clinics, medical or dental as follows: if under five thousand (5,000) square feet in area, by Class II Special Permit only; if over five thousand (5,000) square feet, by Special Exception Permit only. 7. Hotels, residence hotels, motels, tourist homes, lodging houses, single room occupancy facilities, guest homes and other transitory residential uses generally not evidenced by a leasehold transaction, by Special Exception Permit only. Sec. 624.6. Permitted accessory uses. Same as the underlying district. Sec. 624.7. Conditional accessory uses. Conditional accessory uses shall be subject to the applicable criteria in Section 1305 and any other applicable criteria specified in this ordinance, as amended. Same as for the underlying district with the limitations contained in section 624.4, and including the following: 1. A. Where the underlying district is 0 Office, photographic studios, outdoor photography and associated stage sets, only in conjunction with photographers offices, and only by Class II Special Permit: B. Where the underlying district is C-1, Restricted Commercial, outdoor photography and associated stage sets only in conjunction with photographers' studios, and only by Class II Special Permit. 2. Used automobile sales and vehicle rental, only as accessory uses to new automobile dealerships within enclosed structures, and only when located on the site in a location other than the ground floor frontage of SW 27th Avenue. 3. Outdoor dining within open, or partially open space. All Sales, display of uses permitted above shall be contained within completely enclosed buildings except as specified below: Within open space, or partially open space, the following uses may be permitted conditionally, subject to a Class II Special Permit. 1. Outdoor dining areas; except that such outdoor dining must be located only along the 27th Avenue frontage of any food establishment providing such spaces; no out door dining will be allowed along any of the side streets that run perpendicular to 27th Avenue. Sec. 624.8. Additional limitations and restrictions. For purposes of interpreting the SD-24 requirements as to building envelope, setbacks and height, SW 27th Avenue shall be considered the front, regardless of site orientation and configuration. City of Miami Page 4 of 7 File Id: 04-00649 (Version: 3) Printed On: 9/23/2016 File Number: 04-00649 Enactment Number: 12576 Irrespective of the underlying zoning requirements, the following special limitations as to height, footprint and setbacks shall apply to all properties with an SD-24 Overlay designation: Garage Height: 40 feet Maximum. Garages are intended to be located at the back of the lot, away from public view along SW 27th Avenue. Heights of parking structures and garages may not exceed 40 feet, measured from grade. Building Height/Envelope limitations: Pursuant to the underlying zoning requirements, a maximum of 120 feet shall not be exceeded at the front setback line for any development located along SW 27th Avenue; in addition, the following rear (where abutting R-1 or R-2 zoning) height limitations shall also apply: 1. For properties with less than 100 feet in depth (as measured from SW 27th Avenue: All development within the SD-24 District which abuts R-1 or R-2 zoning on the rear (interpreting herein that regardless of lot or parcel configurations, SW 27th Avenue shall be considered the front) shall have a maximum height limitation of 25 feet at the rear setback point (where the district abuts R-1 or R-2 zoning) from which no building height shall be allowed above a 63 degree angle line; such line shall commence at the 25 foot height along the setback line and slope in a direction towards SW 27th Avenue. 2. For properties with 100 feet or more in depth (as measured from SW 27th Avenue: All development within the SD-24 District which abuts R-1 or R-2 zoning on the rear (interpreting herein that regardless of lot or parcel configurations, SW 27th Avenue shall be considered the front) shall have a maximum height limitation of 25 feet at the rear setback point (where the district abuts R-1 or R-2 zoning) from which no building height shall be allowed above a 45 degree angle line; such line shall commence at the 25 foot height along the setback line and slope in a direction towards SW 27th Avenue. Setbacks Generally: For all properties, the bulk of the building shall be placed toward SW 27th Avenue. Taller buildings on deeper lots shall require larger setbacks from the rear property line to further reduce impacts on adjacent properties as specified below. Structures located within the district shall comply with the following additional building envelope/setback limitations: SPECIFIC BUILDING ENVELOPE/SETBACK REQUIREMENTS SW 27th Avenue Setback: 5 feet minimum for properties with less than 100 feet in depth (as measured from 27th Avenue) only if required to accommodate liner uses; otherwise, a 10 foot minimum shall be provided; Buildings shall be setback a minimum of five (5) or ten (10) feet from the SW 27th Avenue base building line (as specified above), 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 City of Miami Page 5 of 7 File Id: 04-00649 (Version: 3) Printed On: 9/23/2016 File Number: 04-00649 Enactment Number: 12576 compliance with all visibility requirements. Walls constructed along SW 27th Avenue need not be continuously located along the setback line; additional setbacks to allow for pedestrian entranceways, cafe uses and plazas shall be permitted, however, 100% of the ground floor frontage along SW 27th Avenue (whether enclosed or unenclosed) shall be required to consist of usable active spaces; only accessways need not comply. At the ground floor to a height of 16 feet above the sidewalk, the 5 or 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 SW 27th Avenue): 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 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; in all cases for properties with frontage on 27th Avenue, 27th Avenue shall be considered the front. Rear Property LINE Setback for properties with less than 100 feet in depth (measured depth from SW 27th Avenue): 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 more than 100 feet, but less than 150 feet in depth (measured depth from SW 27th Avenue): 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. Rear Property LINE Setback for properties with 150 feet or more in depth (measured depth from SW 27th Avenue): 20 feet; Building walls may be placed no less than 20 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. Liner Depths Liner Depth: 15 feet minimum; Liners (usable active space within the building envelope) are required along the entire SW 27th Avenue 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 City of Miami Page 6 of 7 File Id: 04-00649 (Version: 3) Printed On: 9/23/2016 File Number: 04-00649 Enactment Number: 12576 limit of the parking area toward SW 27th Avenue. 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 or depth. For properties of 85 feet or less in depth (as measured from SW 27th Avenue, upper level liners may be waived pursuant to a Class II Special Permit if it is determined that the narrow depth of the property cannot reasonably accommodate a liner; in the event of a liner being waived, appropriate articulation of the upper levels shall be required in order to ensure that parking is not visible from adjacent right-of-ways. Footprint Limitations. There shall be no maximum footprint limitation for structures located on property with frontage on SW 27th Avenue and within the SD-24 District, except that all applicable setback limitations as set forth in this Section shall be met. Sec. 624.9. Signage. Signage shall be as for the underlying zoning district as specified in Article 10. *II 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 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. {2} Footnotes: {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 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. City of Miami Page 7 of 7 File Id: 04-00649 (Version: 3) Printed On: 9/23/2016