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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14241 Title: 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. APPLICANT(S): Arthur Noriega V, the City Manager on behalf on the City of Miami PURPOSE: Amendments to Legislation pertaining to the Miami 21 Code to introduce a new Established Setback for East Flagler Street between West 1 Avenue and Biscayne Boulevard; and to modify the Brickell Financial Established Setback standards. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING, AND APPEALS BOARD: On October 18, 2023, recommended approval, by a vote of 7-0. City of Miami File ID: 14680 (Revision: C) Printed On: 5/30/2024 City of Miami Legislation Ordinance Enactment Number:14241 City Hall 3500 Pan Ameican 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. 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 City of Miami File ID: 14680 (Revision: C) Printed On: 5/30/2024 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- 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') feet for that portion of the site where the adjacent Sidewalk is ten (10) feet or greater. Encroachments shall incorporate the following design elements: 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. City of Miami File ID: 14680 (Revision: C) Printed On: 5/30/2024 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: ndez, City Attor ey 11/29/2023 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 File ID: 14680 (Revision: C) Printed On: 5/30/2024