HomeMy WebLinkAboutO-12689City of Miami
Legislation
Ordinance: 12689
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00296 Final Action Date: 5/26/2005
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
SECTION 627.1 TO RENAME THE SPECIAL DISTRICT FROM BUENAVISTAYARD
EAST SPECIAL DISTRICT TO MIDTOWN MIAMI EAST SPECIAL DISTRICT, AND
BY AMENDING CERTAIN PROVISIONS RELATED TO SETBACKS, HEIGHT,
PARKING, LOADING, BUILD -TO LINES AND STREETSCAPES; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of March 16, 2005, Item No. 9,
following an advertised hearing, adopted Resolution No. PAB 30-05 by a vote of seven to zero (7-0) ,
RECOMMENDING APPROVAL to amend Ordinance 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
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 amended by amending the text of said ordinance as follows:
"ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS
Sec. 627. SD-27 Midtown Miami Special District
Section 627.1 SD-27.1 Buena Vista Yard Midtown Miami East Special District
Section 627.1.6 Building Placement and buildable area
*
4. Height Limitations
a. Height limitations shall be as provided in Section 627.1.7. It is the intent of the District to
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File Number: 05-00296 Enactment Number: 12689
provide for design variation, therefore height is regulated by an allowable number of stories and an
allowable height threshold, whichever is less. Notwithstanding any provisions of Section 627.1.7, a
height increase of ten (10%) shall be allowed as a non -substantial amendment, subject to the written
approval of the Director of Planning.
b. Parking structures shall not exceed seventy-five (75) feet in height.
5. Maximum and Minimum Setback Requirements and Build -To Lines
Setback requirements for the SD 27.1 district are measured perpendicular to and from the base
building line. Platted public right of way lines shall be defined as the base building line. When platted
right of way lines at street intersections are rounded, setbacks shall be measured from projected right
of way lines and not from the rounded portions of such lines. The SD-27 Design Standards provide
further clarification of the requirements provide herein. The maximum and minimum setbacks and
build -to requirements shall be as provided in Section 627.1.7 and below as follows:
a. Maximum Ground Floor Setback for all Streets:
For the first twenty-five (25) feet in elevation above the public right-of-way, no building facade
shall be set back more than a depth of ten (10) feet, except as otherwise provided in Section
627.1.7. Off- street parking shall not be allowed within the maximum setback. Building frontage may
exceed the maximum setback requirement, provided that the resultant setback is designed and
improved as public open space.
b. Minimum Setbacks and Build -To Lines:
1. Minimum setbacks and build -to requirements shall be as provided in Section 627.1.7.
In order to allow for building and streetscape design variation, an accumulative maximum of 40% of
any street or side setback frontage may have no podium and tower setback requirements as defined
in Section 627.1.7.
2. Colonnades may encroach the setback and build -to requirements provided that a
minimum of five (5) feet of sidewalk must remain clear of all obstructions. In addition, awnings and
upper story balconies may encroach the setback and build -to requirements by a distance of seven (7)
feet. In no case shall s-u-c-14 colonnades and upper story balcony encroachments be allowed beyond
the base building/property line. Awning may encroach base building property line by a distance of
seven (7) feet into the right of way.
3. Building frontages along East Coast Avenue and above 16 stories or 175 feet in height
(above the public sidewalk), whichever is less, shall not exceed 60% of the East Coast Avenue net
property frontage. This requirement is applicable for all building frontages within fifty (50) feet of the
base building line.
6. Gateway Designations
As provided in Section 627, gateway sites shall be as follows: (1) the SW corner of the intersection of
NE 36th Street and NE 2nd Avenue: and (2) the SE corner of the intersection of NE 34th Street and
NE 1st Place.
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File Number: 05-00296 Enactment Number: 12689
Section 627.1.7 Maximum height, Build -to, Minimum Setback and Use Requirements
SD 27.1 Maximum height, Build -to, Minimum Setback and Use Requirements
Street/
Classification
Midtown
Boulevard
Primary
Buena Vista
Avenue
Primary
East Coast
Avenue
Tertiary
Height/
Number
of Stories
300' and
28 stories
"200' for
mixed -use
on the
western
side of the
street"
350' and
33 stories if
designated
as a
gatewayl
60' for
commercial
single -use
200' for
mixed -use
on the
eastern
side of
street
300' and 28
stories
adjacent to
the FEC
corridor
350' and 33
stories if
designated
as a
gatewayl
Ground Podium Tower
Floor Setback** Setback**
Build -To/
Setback
0' setback
on the
eastern
side
20' Build -
To on the
western
side
(maximum
allowable
encroachment
for 80' of linear
frontage)
35' setback
above 30'
elevation on
the western
side
15' setback
above 75'
for buildings
designated
as a gateway
0' Build -To N/A
15' setback
above 30'
elevation on
the east side
5' setback
70' setback
above 120'
elevation
No setback
requirements
for gatewayl
buildings
15' setback N/A
above 75'
elevation
Uses
65% active
ground floor
uses required
Liner uses
on all
parking
structures
All SD27.1
uses
permitted
All SD27.1
uses permitted
Liner uses on
all parking
structures
Liner uses on
parking
structures
All SD27.1
uses permitted
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NE 36th Street
Primary
NE 29th Street
Primary
NE 30th,
NE 32nd,
NE 35th Street
Secondary
NE 34th Street
(East of
Midtown
Boulevard)
Primary
NE 34th Street
(West of
Midtown
Boulevard)
Primary
350' and 33
Stories
300' and 28
stories
9' Build -To
with
colonnade or
awning
15' setback N/A
above 75'
elevation east
of Midtown
Boulevard
15' setback
above 60'
elevation west
of Midtown
Boulevard
9' Build -To 30' setback N/A
with colonnade above 75'
or awning elevation
300' and 28 5' setback
Stories
350' and 33
stories if
designated
as a
gatewayl
300' and 28 0' setback
stories
350' if
designated
as a
gateway1
60' for 0' Build -To
commercial
single -use
120' for
mixed -use
or theater/
entertainment/
15' setback N/A
above 75'
elevation
15' setback N/A
above 75'
elevation
15 feet above N/A
40' elevation
65% active
ground floor
uses required
Liner uses on
all parking
podiums
structures
All SD27.1 uses
permitted
65% active
ground floor
uses required
Liner uses on
all parking
podiums
structures
All SD27.1 uses
permitted
All SD27.1 uses
permitted
Restaurant or
Retail Uses are
required along
70' at intersection
with Midtown
Boulevard
65% active
ground floor
uses required
Liner uses on
all parking
podiums structures
All SD27.1 uses
permitted
All SD27.1 uses
permitted
Liner uses on
all parking
structures
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File Number: 05-00296 Enactment Number: 12689
civic use
200' for mixed -
use
NE 31st NE 33rd 300' and 28 20' Building -To 55' above 75' N/A Liner uses on all
Street and NE stories elevation parking podiums
34th Terrace (side 35' setback structures and
setbacks) 350' and 33 above 25' ground floor
stories if elevation
Tertiary designated as All SD27.1 uses
a gatewayl permitted
FEC Corridor 300' and 28 40' Build -To 55' setback N/A Liner uses on all
(No Street stories above 75' parking podiums
frontage) elevation structures
350' and 33
stories if All SD27.1 uses
designated as permitted
a gatewayl
Dedicated Open 300' and 28 0' Build -To N/A N/A Liner uses on all
Space greater stories parking structures
than 4,000 square
feet 350' and 33 All SD27.1 uses
stories if permitted
designated as
gateway1
* Podium setbacks are for elevations between seventy-five (75) feet and one hundred twenty (120)
feet.
** Tower setbacks are for elevations greater than one hundred twenty (120) feet.
1. Gateway designations shall be as defined in Section 627.1.6.
2. Height Limitations as described herein shall not prohibit additional height allowances as described
in Section 627.1.6.
*
Section 627.1.11 Streetscape
All exterior space as defined in the SD 27.1 Zoning Ordinance shall conform to the following
standards and are subject to approval by the Director of the City of Miami Public Works Department
and other authorities having jurisdiction. Denial of these requirements by such authorities for reasons
of public health, safety and welfare shall not constitute a variance from this Ordinance.
Recommendations beyond the requirements provided herein are provided in the supplemental SD 27
Design Standards.
1. All required yards, setbacks, and sidewalk area within the public right-of-way adjacent to streets
shall be a continuous pedestrian space. For all sidewalks, an area a minimum of 5' wide must
remain clear of all obstructions to ensure adequate pedestrian circulation.
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2 For all streets, the ground floor of buildings shall be set back from the property line, where
necessary, to provide a minimum sidewalk width of then (10) feet from face of building to curb
line. Unless otherwise prohibited by setback requirements of the SD 27.1 Zoning District, the
upper floors of buildings may overhang this setback. The setback area shall be improved to meet
the adopted design standards of the SD 27.1 Zoning District for the adjacent public sidewalk
including pavement treatment, landscaping, street lighting and awnings.
3:2. Street furniture shall be as defined in the SD 27 Design Standards. Street furniture shall be
part of the urban streetscape to encourage pedestrian activity and provide such amenities as: trash
receptacles, benches, bollards, pedestrian lighting, bicycle racks, parking meters, street signs, transit
shelters, tables, chairs, and water fountains. Trash receptacles and benches shall be provided at a
minimum of two hundred (200) foot intervals on both sides of NE 34th Street and Midtown Boulevard.
Bicycle racks shall be provided at six hundred (600) foot intervals on both sided of NE 34th Street
and Midtown Boulevard. These may be located in the pedestrian areas as long as pedestrian flow
patterns are continuous.
4.3. All specified plant material shall be Florida #1 or better. Refer to the Florida Grades and
Standards Manual. All shade trees shall have high wind resistance. Additionally, all trees and shrubs
shall be native to Florida or have sub -tropic, drought tolerant characteristics.
5,4. Palm trees shall be provided in the sidewalk area at a minimum spacing of twenty-five (25)
feet. Large palms shall have a minimum height of sixteen (16) feet and small palms shall have a
minimum height of eight (8) feet.
6-5. Shade trees shall be provided in the sidewalk area at a minimum spacing of forty (40) feet on
center with an eight (8) foot continuous canopy spread at planting and a twenty-five (25) foot
spread at maturity with a 3" caliper at planting. Such trees shall have a minimum height of
fourteen (14) feet at planting and twenty-five (25) feet at maturity.
7,6. Only one shade tree species may be used for each individual street. Such species shall be
determined by the City of Miami Planning and Zoning Department through the Class II Permit
process.
87. All requirements for street medians shall adhere to the recommendations provided in the
supplemental SD 27 Design Standards.
Section 627.1.14 Surface Parking and Parking Garages
Surface parking and parking structures shall conform with the following standards:
Off-street parking is not permitted along frontages of primary streets.
2. 2. 2. 2.
2. Vehicular access to parking structures shall not be permitted on the following streets: NE 36th
Street; NE 29th Street; and Midtown Boulevard. Access shall be allowed along the western edge of
Midtown Boulevard north of NE 34th Street.
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3. Blank, unarticulated walls will not be permitted for parking podium facades that are not lined with
uses. Such facades shall have architectural treatments designed to be compatible with neighboring
buildings. Ramps, stairwells and any other portion of a garage should be buffered with the use of
decorative grilles and screens, landscaping, and other varied materials.
4. As required in Section 627.1.7, liner uses are required on all levels of parking garages except
when such construction of uses would interfere with the ventilation requirements of applicable
building codes. Such ventilation requirements shall be met with the least possible disruption to a
continuous liner use program as required in Section 627.1.7 and shall be accommodated on
secondary and tertiary street frontages.
Section 627.1.15 Open Space
A minimum of ten (10) percent of the gross lot area shall be provided as open space as defined in
Section 627, except as follows:
1. Since the intent of the district is to provide significant common public open space, the
minimum open space requirement may be aggregated among parcels or lots under common
ownership and located in a common location within the district. Such aggregation of open
space shall be improved as provided in Section 627.
2. Pursuant to the District plat, dedicated open space platted by easement within the District
shall be allowed to be substituted for the requirements provided herein. Such platted open
space shall be improved as provided in Section 627.
3. Within the block bounded by NE 36th Street, Midtown Boulevard, NE 34th Street and Buena
Vista Avenue, one (1) acre of open space shall be provided and may be used for open space
aggregation provided in 627.1.151.1. Such open space shall be contiguous and centrally
located within the block and shall be in addition to required Streetscape improvements
provided in Section 627.1.10.
Section 627.1.16 Off -Street Parking
A. Requirements.
Since it is intended to promote the use of multi -modal transportation and that automobile traffic be
minimized, the off-street parking requirements shall be as follows:
1. For residential uses, one (1) space per dwelling unit.
2. For Live/Work uses, one (1) space per one thousand (1,000) square feet of net floor area.
2,3. For hotel or motel uses, one (1) space per three (3) lodging units.
-3:4. For theaters, one (1) space per each eight (8) fixed seats.
4:5. For all other uses, one (1) space per five hundred (500) square feet of gross net floor area
dedicated to the specific use.
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Valet parking shall be allowed to satisfy off-street parking requirements.
B. Off site parking permitted.
Notwithstanding the limitations of section 918, offsite parking shall be permitted by Class II Special
Permit without limitation on percentage of the required number of spaces or maximum distance from
the principal use when located within the SD-27.1 zoning district. Furthermore, there shall be no
required demonstration or findings of practical difficulty or unnecessary hardship in providing required
parking on the site, provided that the location of the offsite parking is within one thousand (1,000) feet
radius of the principal use, or there are permanent provisions made to transport the offsite parking
patrons to and from the principal site at the property owner's expense.
Section 627.1.17 Off -Street Loading
The off-street loading requirements shall be as follows:
1. For residential uses:
a. Berth minimum to be twelve (12) by thirty-five (35) feet by fifteen (15) feet in height;
b. One (1) berth for every one hundred (100) residential units or fraction thereof
2. For non-residential uses:
a. Berth minimum to be twelve (12) by fifty-five (55) feet by fifteen (15) feet in height;
b. For non-residential floor area of twenty-five thousand (25,000) up to fifty thousand
(50,000) square feet, one (1) berth total; No berths are required for floor area less than
twenty-five thousand (25,000) square feet;
c. For non-residential floor area up to one hundred thousand (100,000) square feet, two (2)
berths total;
d. For non-residential floor area up to two hundred fifty thousand (250,000) square feet,
three (3) berths total;
e. For non-residential floor area up to five hundred thousand (500,000) square feet, four
(4) berths total.
3. Mixed use projects shall comply with loading requirements per use as specified above.
Since it is intended to promote the most efficient use of land, notwithstanding the provisions of
Section 922.1 and 922.4, the maneuvering of trucks within the public right of way for the purposes of
off-street loading shall be allowed by a Class II Special Permit. Additionally, tandem loading berths for
non-residential uses shall be allowed by a Class II Special Permit.
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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.
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}
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