HomeMy WebLinkAboutO-14241City of Miami
Ordinance 14241
Legislation
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 14680 Final Action Date: 12/14/2023
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MORE PARTICULARLY BY
AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES," TO MODIFY THE
BRICKELL FINANCIAL SETBACK AREA'S ESTABLISHED SETBACK
STANDARDS AND ADDING A NEW DOWNTOWN EAST FLAGLER SETBACK
AREA AND ESTABLISHING NEW SETBACK STANDARDS FOR EAST
FLAGLER STREET BETWEEN WEST 1 AVENUE AND BISCAYNE
BOULEVARD; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Manolo Reyes
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the City of Miami's ("City") Zoning Ordinance, which has been amended from time to time
("Miami 21 Code"); and
WHEREAS, the guiding principles of the Miami 21 Code state that architecture and
landscape design should grow from local climate, topography, history, and building practice, and
that buildings should allow their inhabitants to experience the geography and climate through
energy -efficient design; and
WHEREAS, an amendment is necessary to allow for enhanced architectural and
landscape treatment at the Frontage, to clarify the First Layer requirements, and to introduce
provisions to resolve design challenges related to required grade changes within the
Established Setback for Brickell Financial; and
WHEREAS, one of the 2025 Downtown Miami Master Plan's goals was to "redevelop
Flagler Street into Miami's pedestrian oriented main street," and the Flagler Street Task Force
("FSTF") of the Miami Downtown Development Authority of the City of Miami, Florida ("Miami
DDA") initiated the Flagler Street Beautification and Reconstruction Project; and
WHEREAS, pursuant to Resolution No. R-19-0315 adopted on July 25, 2019, the Miami
City Commission approved the use of Lanzo Construction Co., a Florida profit corporation
("Lanzo"), for the construction of the downtown Miami Flagler Street Beautification Office of
Capital Improvements ("OCI") project No 40-B30606 located along Flagler Street from West 1st
Avenue to Biscayne Boulevard, Miami, Florida; and
WHEREAS, this amendment seeks to introduce a new Established Setback for
Downtown East Flagler street between West 1 Avenue and Biscayne Boulevard to bring into
alignment with the Flagler Street Beautification Project; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on
October 18, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-
City of Miami Page 1 of 3 File ID: 14680 (Revision: C) Printed On: 5/30/2024
File ID: 14680 Enactment Number: 14241
100 by a vote of seven to zero (7-0), Item No. PZAB.8, recommending Approval of the Zoning
Text Change; and
WHEREAS, the City Commission, has considered whether the proposed amendments
will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code, and other City regulations; and
WHEREAS, City Commission has considered the Planning Director's recommendations
and conducted a public hearing on the proposed amendment;
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. 13114, the Zoning Ordinance of the City of Miami, Florida, as
amended, is hereby further amended by making modifications to Article 3 in the following
particulars.'
"ARTICLE 3. GENERAL TO ZONES
3.3 LOTS AND FRONTAGES
3.3.6
For new Buildings in Established Setbacks Areas, the Established Setback shall be maintained.
(See also Article 4, Diagram 10) Galleries and Arcades may be permitted within the First Layer
in Established Setback Areas and shall not encroach the Public Right -of -Way except by Special
Area Plan. Where a Gallery or Arcade is permitted, the Established Setback shall only be
maintained if a Gallery or Arcade is provided. Where a Gallery or Arcade is not provided, the
setback for the underlying Transect Zone shall be maintained.
Established Setback Areas include:
A. Brickell Financial
1. Boundary: All properties on Brickell Avenue between SE 15th Road and the
Miami River.
= i. Brickell Avenue Setback: Thirty (30) feet; Side and Rear: Fifteen (15) feet;
ii. Brickell Avenue Front Setback Encroachments: For Rights -of -Way with an
adjacent Sidewalk ten (10) feet or greater, stairs, ramps, and other elements
used for vertical circulation and landscaping may encroach up to twenty-five (25')
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.
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File ID: 14680 Enactment Number: 14241
feet for that portion of the site where the adjacent Sidewalk is ten (10) feet or
greater. Encroachments shall incorporate the following design elements:
a) provide moderate grading transition when a grade change is required;
b) integrate and harmonize with the design of the adjacent Building Facade,
Civic Space Type or Landscape Plan;
c) provide enhanced streetscape quality, hardscape design, landscape
elements, furnishing elements, and lighting; and
d) comply with Article 4 Table 12: Design Review Criteria.
2. Boundary: All properties bounded by SE 1st Avenue to the west, SE 8th Street to
the north, Biscayne Bay to the east and SE 15th Road to the south.
• Interior Side and Rear Setback: fifteen (15) feet
N. Downtown East Flagler Street
1. Boundary: All properties Adjacent to East Flagler Street between West 1 Avenue
and Biscayne Boulevard
• Frontage Setback: Zero (0') feet
• Setback above the 8th Story: ten (10') feet
*„
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, which
provisions may be renumbered or relettered and that the word "ordinance" may be changed to
"section", "article", or other appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective ten (10) days after adoption hereof.2
APPROVED AS TO FORM AND CORRECTNESS:
rge Wyy ng III, C y -ttor' -y 5/28/2024
2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 3 of 3 File ID: 14680 (Revision: C) Printed on: 5/30/2024