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File Number: 05-00344 Final Action Date:
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 616
OF THE ZONING ORDINANCE, IN ORDER TO MODIFY THE REQUIREMENTS
FOR THE SD-16, SD-16.1 AND SD-16.2 SPECIAL ZONING DISTRICTS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of April 6, 2005, Item No. 4,
following an advertised hearing, adopted Resolution No. PAB 34-05 by a vote of six to zero (6-0),
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. 616. SD-16, 16.1, 16.2 Southeast Overtown-Park West Commercial -Residential strict
Sec. 616.1. Intent.
It is of special and substantial public interest to guide redevelopment in accord with the Southeast
Overtown-Park West redevelopment plan in the area north of the Central Business District, west of
Bicentennial Park, south of 1-395, and east of 1-95 by regulations encouraging a quality residential
living environment with direct access to shopping, recreation, entertainment, transportation and
employment. It is intended that development at appropriate high intensity will provide a variety of
housing opportunities, open character, attractive and secure open space, appropriately located
residential recreation space serving residential uses, adequate retail and service support facilities, and
a safe pedestrian movement system.
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It is intended that multifamily residential occupancy in this area is to be promoted and encouraged,
either in separate buildings or in combination with office and supporting retail and service uses, and
that such supporting uses shall be scaled and designed to serve the needs of the districts.
It is intended that the character of the development shall be moderate to high intensity that provides an
attractive, secure environment for residents and workers with a variety of forms for spatial interest. Site
planning and orientation shall protect and enhance view corridors, and shall take maximum advantage
of potential views and prevailing air currents. In general, to maintain continuity between buildings and
adjacent blocks, developments shall adhere to applicable yard, setback and landscaping standards.
in consideration of the proposed concentration of residential occupancy and supporting commercial
and entertainment uses and the availability of mass transit, these regulations are intended to promote
pedestrian comfort and convenience. Developments shall provide barrier free movement on pedestrian
ways, desirable shade and shelter in pedestrian areas, and solar access where necessary for the
provision of recreation, energy or other purposes.
Sec. 616.2. Effect of SD-16, 16.1, 16.2 district designation.
The effect of these SD 16, 16.1, and 16.2 Special District regulations shall be to supplant districts or
portions of districts included within the SD boundaries to the extent indicated herein in the official
zoning atlas.
Sec. 616.3. Class II Special Permit.
616.3.1. When required.
A Class 11 Special Permit shall be required prior to approval of any building permit (except special
permits pursuant to article 13) affecting the height, bulk, location or exterior configuration
for any existing building; the erection of any new
building; or the location or relocation or relocation or alteration of any structure, sign, awning,
landscaping, parking area or vehicular way visible from a public street.
616.3.2. Considerations 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, with "
," any
applicable duly adopted plans or development guides and standards for the Southeast OvertownfPark
West area, and with the special considerations listed below.
1. Adjacent to the 1-95, 1-395, and Metrorail right-of-way, no residential building shall be erected
closer than fifty (50) feet to any structure within such right-of-way. In addition, the yard between any
building and the right-of-way line shall be a minimum depth of ten (10) feet. Further, the area between
a building and the right-of-way line shall be landscaped with trees, shrubs, and other plant material to
screen and buffer the building from the adjacent right-of-way.
2. s shall be provided or optional Optional arcades are encouraged and may be
provided at ground level.
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When so provided, arcades Arcades shall be
continuous, accessible to the general public at all times, adjacent to the public right-of-way and
fronting on the public sidewalk, with the floor of the arcade at the same level as the public sidewalk.
Arcades shall have a minimum clear width of twelve (12) feet, a minimum height of ten (10) feet, and
shall be unobstructed by building columns, utilities and the like.
3. Orientation and design of principal buildings and related site design and improvements shall be
such as to protect views of Bicentennial Park and Biscayne Bay from principal public view points and
provide visual access appropriate to public needs and needs of occupants of adjoining or nearby
properties.
4. Major portions of principal buildings that are more than forty (10) feet above grade shall bo
rby ctructurcc and opon spaccs. Pa
4. 6- Driveways providing access to parking structures, offstreet loading, or lots shall not cross
designated pedestrian ways (arcades or the like) on north -south public rights -of -way if other access is
reasonably feasible, Where no other access is available, measures as will minimize interruption of
pedestrian flow shall be required.
6.
and-N.W. 9th Street). The location and number of access points to public rights -of -way, separation of
vehicular and pedestrian traffic, and the arrangement of parking area shall be safe, secure, and
convenient.
7. Accessory parking structures shall be low in profile, and their top decks, where exposed to upper
level views, shall be improved, maintained, and used as open space and/or residential recreation
space for the enjoyment of residents, workers, or visitors as the case may be.
8. Aboveground accessory parking structures shall be visually compatible with the principal structure
and shall be lined with commercial and/or residential uses for at least 65% of the linear street frontage
along the ground floor in conformance with the City of Miami Primary Pedestrian Pathway guides and
standards; upper levels shall be lined or so articulated as to conceal any above ground parking levels
from adjacent public right -of ways. Waivers of such guides and standards shall only be permissible by
Class II Special Permit as specified in Article 15 of this zoning ordinance with the additional criteria
that such waivers may be granted if the proposal is consistent with the intent of this special district and
any applicable duly adopted plans or development guides and standards for the Southeast Overtownl
Park West area. Offstreet parking and loading shall be located in the interior of the principal structure
and shall be surrounded by residential and/or commercial uses, where feasible. Offstreet parking
structures shall not front on N.W. and N.B. 9th Street, but shall be permitted behind commercial and/or
residential uses which front on the pedestrian mall.
9. Parking structures and parking lots shall present an attractive appearance, and shall be designed
to screen the storage of vehicles from exterior view.
10. All building rooftops shall present an attractive appearance as viewed from adjacent or nearby
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buildings. Rooftop mechanical equipment and utility areas shall be appropriately screened with
landscape or architectural materials. Where possible, equipment and utility areas shall be grouped
together, and rooftop areas shall be improved and maintained as open space and/or residential
recreation space.
11. Except for portions authorized by special permit for vehicular access, all required yards, setbacks,
arcades, and sidewalk area within the public right-of-way shall be appropriately landscaped and
provided with pedestrian ways in accord with any applicable duly adopted plans or development guides
and standards for the Southeast Overtown/Park West area. "
Design Guides and Standards." All accessory areas which need screening to avoid adverse effects on
adjoining areas shall be adequately concealed by appropriate plantings or other screening.
*
Sec. 616.6. Minimum lot requirements.
646.6.2. SD 16.1, 16.2 minimum lot requirements.
There shall be no specific dimensional requirements for any of the SD-16 districts, but lots shall be of
sufficient size to conform with other requirements and limitations of these and other lawful regulations.
Sec. 616.7. Floor area limitations.
Floor area limitations for SD-16, 16.1, 16.2 shall be as follows, subject to the limitations and
requirements of sections 903.1 and 903.2.
616.7.1. SD-16 and SD-16.1 floor area limitations.
1. The floor area for all uses shall not exceed four and thirty -two -hundredths (4.32) times the gross
lot area.
2. The floor area for all residential uses shall not exceed four and thirty -two -hundredths (4.32) times
the gross lot area.
6:
616.7.2. Reserved.
4
evened two (2 0) times }hc gross. tot area
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nonresidential use, the nonresidential floor area shall be increased by one (1) square foot; provided,
16.1 site.
616.7.3. SD-16.2 floor area limitations.
1. The floor area for all uses shall not exceed four (4.0) times the gross lot area for any combinations
of permissible residential and/or nonresidential uses.
3
Sec. 616.8. Minimum open space requirements.
616.8.1. SD-16, 16.2 yards; setbacks; arcades; gateway features; special requirements and limitations
616.8.1.1. Minimum yards. The following minimum yard dimensions and limitations shall apply.
Notwithstanding the provisions of section 908.3, canopies and awnings may project without limitation
into the required yard area adjacent to streets, provided that such projection is entirely supported from
the building; all such projections shall however comply with other lawful regulations as may be required
by the Public Works Department. Required yards and setbacks adjacent to streets shall not be used
for offstreet parking or loading.
1. Adjacent to N.E. and N.W. 9th Street, the yard shall be a minimum of twenty-five (25) feet in depth.
2. Adjacent to 1-95, 1-395, and the Metrorail rights -of -way, all yards shall be a minimum of ten (10)
feet in depth.
3. Except as greater dimensions are required by other lawful regulations, for all other yards, there
shall be no minimum yard requirements (front, street side, interior and rear).
616.8.1.2. Setbacks; arcades; special requirements and limitations. Except as modified by section 616.
8.3, following are the setback requirements and limitations:
1. Except: (1) in particular locations adjacent to N.W. 2nd Avenue, N. Miami Avenue, and N.E. 1 and
West Design Guides and Standards"; and (2) for optional arcades (see section 616.3.2
), building setbacks shall not be permitted for the first forty (40) feet of height above ground level
adjacent to any street.
2. Within one hundred fifty (150) feet of the centerline of a north -south public street right-of-way,
there shall be no additional setback requirements.
3. Elsewhere within the district (not within one hundred fifty (150) feet of the centerline of a north -
south public street right-of-way), the building shall be set back a minimum of one (1) foot for every one
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(1) additional foot of building height above an elevation of forty (40) feet (measured perpendicular to
the base building line), up to a maximum setback of fifty (50) feet. After the maximum fifty (50) feet
setback has been provided, there shall be no setback or height limitations.
4. Adjacent to 1-95, 1-395, and Metrorail rights -of -way, no residential building shall be erected less
than fifty (50) feet from any structure within such right-of-way.
616.8.2. SD-16,1 yards; setbacks; arcades; special requirements and limitations.
616.8.2.1. Minimum yards. There shall be no minimum yard requirements within the SD-16.1 District.
-. _ ..
nt, street side, interior and rear).
616.8.2.2. Setbacks; arcades; requirements and limitations on location. Except as modified by section
616.8.3, following are the setback requirements and limitations:
1. Except for optional arcades, adjacent to public rights -of -way, setbacks shall not be
permitted for the first forty (40) feet in height above ground level.
616.8.3. SD-16, 16.1, 16.2 exemptions from yard and setback requirements.
Where approved by Class 11 Special Permit, intrusions into the minimum yard area or other exemption
from setback requirements may be granted, provided that such exemptions meet the general
objectives stated in the SD-16, 16.1, and 16.2 intent sections or in any applicable duly adopted plans
or development guides and standards for the Southeast Overtown/Park West area.
616.8.4. SD-16, 16.1, 16.2 open space, residential recreation space; gateway -features, view corridors
and lot coverage, pedestrian through block connections, special requirements and limitations.
616.8.4.1. Open space and residential recreation space. In addition to required yards, a minimum of
one (1) square foot of open space shall be provided for every fifty (50) square feet of nonresidential
floor area in excess of fifty thousand (50,000) square feet. A minimum of one (1) square foot of
residential recreation space shall be provided for every ten (10) square feet of residential floor area.
Such open space and/or residential recreation space may be located anywhere within the proposed
project, including roof gardens and amenity areas, where such space is open to all residents and/or
employees and visitors; such spaces shall be approved by Class I1 Special Permit and shall conform to
any applicable City of Miami design standards and guidelines and to the special standards listed below
1. All improvements shall be in accord with any applicable duly adopted plans or development guides
and standards for the Southeast Overtown/Park West area. "
Design :dot', and Standards."
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2. Where the top decks of accessory parking structures are exposed to view from above, they shall
be improved and maintained as open space or residential recreation space.
3. The yards adjacent to N.E. and N.W. 9th Street, when required, shall be improved and maintained
in accord with approved design standards for the Ninth Street Mall. Landscaping, sculpture, fountains,
street furniture, and the like shall be provided as appropriate to the overall design of the pedestrian
mall. All improvements are subject to approval in connection with Class 11 Special Permit actions. Such
yard area shall be considered to be open space for the purpose of calculating minimum open space
requirements for nonresidential uses.
4. Open space and residential recreation space shall be located to take maximum advantage of
desirable views, especially as they relate to view corridors.
616.8.4.2. Primary Pedestrian Pathways.
The following streets within the SD-16.1 Special District are hereby designated as "Primary Pedestrian
Pathways":
a) NE 7th Street, from NE 2nd Avenue to Miami Avenue
b) NE 8th Street from NE 2nd Avenue to Miami Avenue
c) NE 9th Street from NE 2nd Avenue to Miami Avenue
d) NE 11th Street from NE 2nd Avenue to Miami Avenue
e) NE 2nd Avenue from NE 5th Street to 1-395
f) Miami Avenue from NE 5th Street to 1-395
All development located along these street segments shall conform to the City of Miami "Primary
Pedestrian Pathway" guides and standards. Waivers of such guides and standards shall only be
permissible by Class II Special Permit as specified in Article 15 of this zoning ordinance with the
additional criteria that such waivers may be granted if the proposal is consistent with the intent of this
special district and any applicable duly adopted plans or development guides and standards for the
Southeast Overtown/Park West area.
616.8.4.3. View corridors and lot coverage; special requirements; there shall be no maximum lot
coverage limitations above that required to comply with applicable setback limitations; for upper level
open spaces, the following shall apply; W where building towers are provided more than forty (40)
feet above grade, the tower shall be limited to upper level building footprint maximums as follows: for
towers built between 40 and 120 feet above grade, no such tower shall occupy more than 70% of the
net lot area of the property; all portions of towers taller than 120 feet above grade shall be limited to 50
% of the net lot area of the property.
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616.8.4.4. Pedestrian through block connections; requirements and limitations. Whenever a
development includes a pedestrian through block connection, it shall be open and accessible to the
public during normal business hours. The walkway shall have a minimum width of twenty (20) feet and
a minimum height of ten (10) feet. The walkway shall be appropriately improved and maintained for
pedestrian comfort and convenience.
Sec. 616.9. Height limitations.
616.9.1. SD-16, 16.2 height limitations; special requirements.
There shall be no height limitations within this district except as provided in section
616.8.1,2,
616.9.2, SD-16.1 height limitations.
There shall be no height limitations within this district.
Sec. 616.10. Offstreet parking and loading for all SD-16 districts.
Since it is intended that automobile traffic be minimized in these districts because of the districts' close
proximity to Metrorail and the downtown Metromover, special offstreet parking requirements and
limitations are as follows, and in addition, offstreet parking and loading and offsite parking shall be as
required in sections 917, 918, 922 and 923, except as modified below.
616.10.1. SD-16, 16,1, 16.2 minimum and maximum offstreet parking limitations.
1. For dwelling units, there shall be a minimum of one (1) parking space and a maximum of two (2)
parking spaces per dwelling unit.
2. For hotel or motel uses, there shall be a minimum of one (1) parking space for every four (4)
lodging units and a maximum of two (2) parking spaces for every three (3) lodging units.
3. For business and professional office uses, including medical clinics, there shall be a minimum of
one (1) parking space per eight hundred (800) square feet of floor area and a maximum of one (1)
parking space per five hundred (500) two hundred (200) square feet of floor area.
4. For all other uses, including retail and service uses, theaters, restaurants, bars and nightclubs,
there shall be a minimum of one (1) parking space per one thousand (1,000) square feet of floor area
and a maximum of one (1) parking space per three hundred (300) two hundred (200) square feet of
floor area.
square feet of floor area and a maximum of one (1) space per five hundred (500) square feet of floor
area.
616.10.2. Special offstreet parking requirements; offsite parking; limitations.
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1. Notwithstanding the limitations of section 918, offsite parking shall be permitted by Class 11 Special
Permit without limitation on percentage of the required number of spaces
the principal use. 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 within six
hundred (600) feet radius of a Metromover station or there are permanent provisions made to
transport the offsite parking patrons to and from the principal site at the property owner's expense.
2. No residential dwelling unit shall be sold or leased without the right to utilize at least one (1) onsite
parking space. unless such offsite spaces are located within an enclosed parking garage located
within 1000 feet of the residential structure being served; such offsite parking shall be permitted by
Class 11 Special Permit upon demonstration that a lease has been secured for such spaces.
Sec. 616.11, Limitations on signs.
See Article 10 for sign regulations and limitations.
*
*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}
APPROVED AS TO FORM AND CORRECTNESS:
d°ORGE Iw .
CITY AT{OR
EY
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
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