HomeMy WebLinkAboutO-12708City of Miami
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Ordinance: 12708
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 05-00344 Final Action Date: 6/23/2005
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
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 Districts.
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. Consideration shall be given to ground and
upper level pedestrian connections to adjacent or nearby developments.
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 II 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 with a value
in excess of ten thousand dollars ($10,000.00) 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 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 general considerations listed in section 1305, with "The
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applicable duly adopted plans or development guides and standards for the Southeast
Overtown/Park 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. Optional arcades are encouraged and may be
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provided at ground level. Arcades are required along Biscayne Boulevard; +he nor+h ciao of N \A/ and
encouraged along other north south rights_of_way 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
oriented in an east west direction and shall be in the form of slender towers with consideration given
desirable effect of the prevailing southeast air currents.
4.5: 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.
rights of way, except where such streets are designated pedestrian streets (N.W. 7th Street and N.E.
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 Overtown/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.E. 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
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to screen the storage of vehicles from exterior view.
10. All building rooftops shall present an attractive appearance as viewed from adjacent or nearby
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. °The Southeast Oyertown/Dark
West Design Guides anal 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.
616.6.1. SD 16 minimum lot requirements.
Minimum lot requirements for all uses shall be a minimum lot ar of fifteen thousand (15,000) squarc
616.6.2. 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.
The floor area for all nonresidential uses shall not exceed one and seventy two hundredths (1.72)
mixed -use building where at least one and five tenths (1.5) square feet of residential use shall be
provided for every one (1) square foot of nonresidential use.
616.7.2. Reserved. SD 16.1 floor area limitations; exceptions.
1, The floor area for all uses shall not exceed five (5.0) times the gross lot area.
2, The floor area for all residential uses shall not exceed five (5.0) times the gross lot area.
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ceed two (2.0) times the gross lot area.
residential use. For every square foot of residential use provided either onsite in a mixed use building
,
the SD 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.
2, The floor area for all residential uses shall not exceed two (2.0) times the gross lot area.
-3: The floor area for all nonresidential uses shall not exceed two (2.0) times the gross lot area.
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 a, cul coca+,,,, acent + �2 Oven "� nniami ven and " tea and
2 Avenues where a gateway feature is may be provided or required by "The Southeast
Overtown-Park 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
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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 (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.
The following minimum yard dimensions and Iimitat shall apply. Notwithstanding the provisions of
adjacent to streets, provided that such projection is entirely supported from the building. Required
yards and setbacks adjacent to streets shall not be used for offstreet parking or loading.
1, AdjaGan-t-te-B-isGayn-e-Be-u-lavardall-yards-s-hall-lae-a-min-i-mum-of--ten-(-1-0)-feet-i-n-el-apth,
shall be no minimum requirements for all other yards (front, 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 mandatory and 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 II 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. "The Southeast
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
City of Miami
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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 11 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. 7-11-e—Southeast—Overtown-I-Paric
k
West Design Guides and Standards."
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. Gateway features; special requirements. Adjacent to N.W. 2 Avenue, N. Miami Avenue,
Southeast Overtown/Dark West Design Guides and Standards
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 11 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
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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. oriented in an east west direction and shall providc ample
upper level open space to enhance and preserve view corridors as they relate to other developments
Standards."
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.
5: For restaurants, bars, nightclubs and the like, there shall be no minim, ,m,, n amber of parking
square feet of floor area.
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6: For theater uses, there shall be no minimum number of parking spaces required, and there shall
be a maximum of one (1) parking space per four (4) seats.
area.
616.10.2. Special offstreet parking requirements; offsite parking; limitations.
1. 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 usc. 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 II 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.
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.
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