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File Number: 04-01181.
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING ARTICLE 6 SPECIAL DISTRICTS, MORE PARTICULARLY BY
AMENDING SECTIONS 623 AND 625 IN ORDER TO ALLOW EXCEPTIONS TO
SETBACK AND , USE LIMITATIONS CONDITIONALLY; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING -FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting on October 6, 2004, Item No. 6,
following an advertised hearing, adopted Resolution No. PAB 115-04 by a vote of eight to zero (8-0),
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 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: (1}
"ARTICLE 6.SPECIAL DISTRICTS
Sec. 623. SD-23 Coral Way Special Overlay District.
*
Sec. 623.3. Class II Special Permit and other special considerations.
*
623.3.2. Consideration 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
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expressed intent of this district, with the general considerations listed in section 1305, and with the
special considerations listed below. In making determinations concerning construction of new principal
buildings or substantial exterior alterations of existing principal buildings, the director of the planning,
building and zoning department may obtain the recommendation of the Urban Development Review
Board and consider applicable City of Miami design standards and guidelines.
(1) Along Coral Way, the pedestrian open space at the ground floor frontage shall be so designed,
improved and located to provide an attractively landscaped appearance that compliments the existing
banyan trees and its gateway role.
(2) Offstreet parking shall not be placed in required yards or required open space adjacent to Coral
Way, and vehicular entrances shall be discouraged along Coral Way when access from other public
rights -of -way is available; depending on the nature of the proposed use.
(3) Interim landscape. Prior to demolition and removal of existing structures, pavement and/or
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.
623.3.3. Limitation of use of chain link fence.
Chain link fence shall not be placed in required open space adjacent to Coral Way unless it is of a
temporary nature to secure an unsafe structure prior to demolition or has been visually screened with
landscape material.
623.4 Permitted principal uses and structures.
623.4.1 Exceptions to setback and use limitations along Coral Way frontage.
1. For projects that have frontage along Coral Way, the Coral Way setback provisions may be
reduced to zero (0) by Class II Special Permit for the provision of an arcade. In order to apply for such
Class II, the proposed arcade shall comply with the following:
(a)The ground floor of such frontage shall comply with all "Primary Pedestrian Pathway"
requirements, included, but not limited to the requirement that active habitable retail, service and
restaurant uses must occupy at least 65% of the linear ground floor frontage along Coral Way and
that such spaces be designed with a minimum of 50% transparency.
(b) No habitable uses or parking may be located above the arcade either on the ground or above
the arcade within the setback area; ail building program, except for open terraces, patios and other
outdoor, unenclosed accessory uses, must be located behind the setback line.
2. For projects that have frontage along Coral Way with an underlying zoning designation of "0"
Office, the ground floor of such frontage may, by Class II Special Permit, be designed to provide
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principal retail, service and restaurant uses as components of a mixed use project; parkins for such
use shall be as for C-1.
*
Sec. 625. SD-25 SW 8th Street Special Overlay District.
*
Sec. 625.3. Class 11 Special Permit and other special considerations.
625.3.2. Consideration in Making Class 11 Special Permit determinations.
The purpose of the Class 11 Special Permit shall be to ensure conformity of the application with the
expressed intent of this district, with the general considerations listed in section 1305, and with the
special considerations listed below.
In making determinations concerning construction of new principal buildings or substantial exterior
alterations of existing principal buildings, the director of the Department of Planning and Zoning may
obtain the recommendation of the Urban Development Review Board and consider applicable City of
Miami design standards and guidelines.
(1) Along SW 8th Street, the pedestrian open space at the ground floor frontage shall be so designed,
improved and located to provide an attractively landscaped appearance which complements the
existing urban character.
(2) Offstreet parking shall not be placed in required yards or required open space adjacent to SW 8th
Street, and vehicular entrances shall be discouraged along SW 8th Street when access from other
public rights -of -way is available, depending on the nature of the proposed use.
(3) Interim landscape. Prior to demolition and removal of existing structures, pavement and/or
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 shall be required to maintain the landscape.
625.3.3. Limitation of use of chain link fence.
Chain link fence shall not be placed in required open space adjacent to SW 8th Street unless it is of a
temporary nature to secure an unsafe structure prior to demolition or has been visually screened with
landscape material.
625.3.4. Exceptions to setback limitations along SW 8th Street frontage.
1. For projects that have frontage along SW 8TH Street, the SW 8th Street setback provisions may
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be reduced to zero (0) by Class II Special Permit for the provision of an arcade. In order to apply for
such Class II, the proposed arcade shall comply with the following:
(a)The ground floor of such frontage shall comply with all "Primary Pedestrian Pathway`'
requirements, included, but not limited to the requirement that active habitable retail, service and
restaurant uses must occupy at least 65% of the linear ground floor frontage along SW 8th Street and
that such spaces be designed with a minimum of 50% transparency.
(b) No habitable uses or parking may be located above the arcade either on the ground or above
the arcade within the setback area; all building program, except for open terraces, patios and other
outdoor, unenclosed accessory uses, must be located behind the setback line. "
Section 3. All ordinances or parts of ordinances insofar as they are inconsistentor 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}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
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.
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