HomeMy WebLinkAboutCC Legislation (Version 3)City of Miami
Legislation
Ordinance
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Miami, FL 33133
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File Number: 06-O21 O4zt Final Action Date
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 626,
sd-26. 22ND AVENUE SPECIAL OVERLAY DISTRICT; IN ORDER TO CREATE
THE 22ND AVENUE SPECIAL OVERLAY DISTRICT, ADD AN INTENT
STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND LIMITATIONS
ON USES, AND TO REQUIRE CLASS II SPECIAL PERMITS FOR EXTERIOR
WORK; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of February 21, 2007, Item No. 1,
following an advertised hearing, adopted Resolution No, PAB-07-008, by a eight to zero (8-0) vote,
recommending APPROVAL of the adoption of this item; 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 citizens to amend its Zoning
Ordinance as hereinafter set forth.
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA, AS FOLLOWS:
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. The City of Miami Zoning Ordinance is hereby amended by amending Article 6,
Subsection 626 as follows: {1 }
"ARTICLE 6. SD SPECIAL DISTRICTS GENERALPROVISIONS
Sec. 626. SD-26 22nd Avenue Special Overlay District.
Sec. 626.1. Intent SD-26.
It is the intent of this special district to preserve and enhance the character of certain sections cif
22nd Avenue within the city, more particularly. those portions of 22nd Avenue that serve as a
linkage between Hagler Street and SW 8th Street from approximately NW 1st Street to
approximately SW 8th Street (or the intersection with SD-25 SW 8th Street Special Overlay
District). This corridor is emerging as a gateway into the Latin quarter and serves as an
important link between the Flagler Street corridor and SW 8th Street. The corridor should be
preserved and enhanced in a manner befitting this role. To this end, the purpose of this special
district overlay is to ensure that future development and redevelopment activity respects this
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character and compliments the scale and variety of uses along the 22nd Avenue corridor.
Sec. 626.2. Effect of SD-26 district designation.
The effects of these SD-26 regulations shall be to modify regulations within portions of other
zoning districts included within the SD boundaries to the extent indicated herein.
Sec. 626.3. Class II Special Permit.
625.3.1. When required.
A Class II Special Permit shall be required prior to approval of any permit (except special
permits pursuant to article 13) affecting the height, bulk, location or exterior configuration of any
existing building; or for the erection of any new building; demolition permits, or for the location,
relocation or alteration of any structure, parking area or vehicular way visible from a public street.
626.3.2. Consideration 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.
and with the special considerations listed below. In making determinations concerning
construction of new principal buildings or substantial exterior alterations of existing principal
buildings. the director of the planning, department may obtain the recommendation of the Urban
Development Review Board and consider applicable City of Miami design standards and
guidelines.
(1) Along 22nd Avenue, the pedestrian open space at the ground floor frontage shall
be so designed, improved and located to provide an attractively landscaped appearance
which compliments the existing urban character.
(2) Offstreet parking shall not be placed in required yards or required open space
adjacent to 22nd Avenue, and vehicular entrances shall be discouraged along 22nd
Avenue when access from other public rights -of -way is available: depending on the
nature of the proposed use, unless such parking spaces are located as parallel parking
on the street utilizing a portion of the private property not to exceed 8 1/2 feet.
(3) Interim landscape. Prior to demolition and removal of existing structures,
pavement and vegetation from a development site. the owner or developer shall be
required to obtain all demolition approvals and tree removal permits as necessary. The
zoning official may require as a condition of approval for a demolition permit, that sites of
demolition shall not be left in a barren, undeveloped state without commencement of
vertical construction or reveqetation within sixty (60) days of clearing. Revegetation shall
include sodding with grasses or other ground cover to prevent soil erosion and blowing
of airborne .particulate matters and debris. Owner will be required to maintain the
landscape.
626.3.3. Limitation of use of chain link fence.
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Chain link fence shall not be placed in required open space adiacent to 22nd Avenue unless it is
of a temporary nature to secure an unsafe structure prior to demolition or has been visually
screened with landscape material.
Sec. 626.4. Permitted principal uses and structures.
Principal uses and structures are as permitted generally or conditionally by special permit in the
underlying district, except the following uses shall not be permitted:
1. Community based residential facilities.
2. Private clubs, lodges, fraternities and sororities operated for profit.
3. Pool hails, billiard parlors, and game rooms.
4. Used automobile dealerships.
5. Ambulance service.
6. Hiring halls or labor pools.
7. Discount membership merchandisers.
8. Aluminum recycling machines.
Sec. 626.5_ Conditional principal uses.
Same as for the underlying district with the limitations contained in section 626.4: and in addition:
1. Convalescent homes, nursing homes, institutions for the aged or infirm, foster
homes, group homes and orphanages by Class II Special Permit, and only where
the ground floor frontage along 22nd Avenue is designed with an active,
pedestrian oriented space that does not diminish pedestrian activity, including
lobbies.
2. Commercial parking lots only by Special Exception, and only when designed to
diminish the visual appearance of cars from 22nd Avenue.
3. New automobile sales, by Special Exception only, and only when located within a
completely enclosed showroom structure fronting along 22nd Avenue.
4. Automotive service stations, automotive repairs and car wash facilities only by
Special Exception,
5. Public storage facilities by Special Exception only, and only when situated on the
site in a location other than the ground floor frontage of 22nd Avenue, and in
conjunction a ground floor 22nd Avenue frontage use and design that promotes
active. friendly pedestrian activity,
6. Retail establishments operating from the hours of midnight to 6:00 a.m. only by
Special Exception.
7. Coin laundry operations by Class II Special Permit and only where the ground
floor frontage along 22nd Avenue is designed with an active, pedestrian oriented
space that does not diminish pedestrian activity.
8. Sewing shops, by Class II Special Permit and only where the ground floor
frontage along 22nd Avenue is designed with an active, pedestrian oriented
space that does not diminish pedestrian activity, including retail sales of some
kind associated to the sewing shop.
9. Clinics, Medical or dental as follows: if under five thousand (5,000) square feet in
area, by Class II Special Permit only; if over five thousand (5,000) square feet, by
Special Exception Permit only.
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10. Hotels, residence hotels, motels, tourist homes; lodging houses, single room
occupancy facilities, quest homes and other transitory residential uses generally
not evidenced by a leasehold transaction, by Class 11 only.
11. Vehicle rental facilities, subiect to a Class II Special Permit, with the additional
condition that all vehicles be stored within an enclosed or architecturally treated
garage to visually screen such parked cars.
Sec. 626.6. Principal accessory uses.
Same as for the underlying district with the limitations contained in section 626.4.
Sec. 626.7. Conditional accessory uses.
Same as for the underlying district with the limitations contained in section 626.4. and in
addition:
1. Used automobile sales and vehicle rental, only as accessory uses to new automobile
dealerships within enclosed structures, and only when located on the site in a location other than
the ground floor frontage of 22nd Avenue.
Sec. 626.8. Additional limitations and restrictions.
For purposes of interpreting the SD-26 requirements as to building envelope, setbacks and height,
22nd Avenue, or any such other primary street. shall be considered the front, regardless of site
orientation and configuration for properties that have frontage along 22nd Avenue or such other
primary street.
Irrespective of the underlying zoning requirements, the following special limitations as to FAR, height;
footprint and setbacks shall apply to all properties with an SD-26 Overlay designation:
Floor Area Ratio (FAR)
It is the intent of this special district to promote pedestrian activity: therefore, in order to encourage
active, habitable ground floor uses, the ground floor FAR for any development that incorporates
ground floor retail uses with direct access to the street, shall not be counted against the total
permissible FAR of such development.
Building Height/Envelope limitations:
Pursuant to the underlying zoning requirements, a maximum height of 120 feet shall not be exceeded
at the front setback line for any development located along 22nd Avenue or such other adjacent
primary streets.
Setbacks Generally:
For ail properties, the bulk of the building shall be placed toward 22nd Avenue. Taller buildings on
deeper lots shall require larger setbacks from the rear property line to further reduce impacts on
adjacent properties as specified below.
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Structures located within the district shall comply with the following additional building
envelope/setback limitations;
Specific building envelope/setback requirements
22nd Avenue or front street setback: 10 feet minimum: Buildings shall be setback a minimum of ten
(10) feet from the 22nd Avenue base building line, except if an arcade or a cantilever is provided at the
ground floor: in such cases, encroachments of usable active space (including liner uses). whether
enclosed or unenclosed, may be provided up to the property line or base building line above the
ground floor. subject to compliance with all visibility requirements.
Walls constructed along 22nd Avenue need not be continuously located along the 10 foot setback line;
additional setbacks to allow for pedestrian entranceways, cafe uses and plazas shall be permitted.
however, 100% of the ground floor frontage along 22nd Avenue (whether enclosed or unenclosed)
shall be required to consist of usable active spaces, with the exception of vehicular ingress and egress
when no other point of access exists.
At the ground floor to a height of 15 feet above the sidewalk, the 10-foot setback may be used for
furniture, lighting and/or the construction of a continuous arcade or open space. Arcades or open
space, when used, shall be a minimum of 10 feet in depth and shall be no less than 15 feet in clear
height.
Side street setback (any side street other than 22nd Avenue or building front): 0 feet minimum to 10
feet maximum; Building walls constructed along side streets need not be continuously located along
the 10 foot maximum setback line; additional setbacks to allow for pedestrian entranceways and
plazas shall be permitted, however, 65% of the ground floor frontage along the street side property line
of a corner parcel (whether enclosed or unenclosed) shall be required to consist of usable active
spaces. In the event a property is not wide enough to accommodate ingress and egress, the 65%
requirement may be modified by Class II Special Permit.
Side property line setback: 0 feet minimum; except when abutting a lower density residential district,
in which case, a minimum of 10 feet shall be provided; in all cases for properties with frontage on 22nd
Avenue or another primary street, 22nd Avenue or such primary street shall be considered the front.
Rear property line setback for properties with less than 100 feet in depth (measured depth from 22nd
Avenue or property front): 5 feet; Building walls may be placed no less than 5 feet from the rear
property line. Within the setback, a screenwall, no less than 8 feet in height, measured from grade.
shall be constructed to screen the view of the parking areas from the adjacent parcels. Plantings and
other landscaping which serves to assist in screening the view of parking areas are encouraged, and
may be placed in the rear setback.
Rear property line setback for properties with more than 100 feet (measured depth from 22nd Avenue
or property front): 10 feet (unless abutting R-1 or R-2 in which case the greater required setback as
per the abutting district shall apply) ; Building walls may be placed no less than 10 feet from the rear
property line. Within the setback, a screenwall, no less than 8 feet in height, measured from grade,
shall be constructed to screen the view of the parking areas from the adjacent parcels. Screenwalls
shall be constructed of stone or concrete and must be finished on all sides. Plantings and other
landscaping which serves to assist in screening the view of parking areas are encouraged, and may
be placed in the rear setback.
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Liner De
h: 15 feet minimum; Liners (usable active space within the building envelope) are required
aion
and to prevent unused space along major frontage locations. The liner depth establishes the limit of
the parking area toward the front of 22nd Avenue. Liners are required on each floor with parking
behind; up to a height of 30 feet; garages shall be architecturally treated above thirty feet. Liners may
only be interrupted by required access points to the parking/service areas as may be located in the
rear of the building. Liners are also desirable along all other street frontages and shall be provided
unless unfeasible due to narrow lot width or depth.
the entire 22nd Avenue frontage in order
o screen
arkin
areas located behind such
s
a
ce
Footprint Limitations.
There shall be no maximum footprint limitation for structures located on property with frontage on 22nd
Avenue and within the SD-26 District, except that all applicable setback limitations as set forth in this
Section shall be met.
Sec. 626. 9 Limitations an signs.
Sign limitations shall be as for the SD-25 SW 8th Street Overlay ❑istrict (See Article 10, Section
10.6.3.25). subject to Class 1 Special permit.
Sec. 626.10 Additional requirements for parking.
Notwithstanding the provisions of Section 918 regarding offsite parking, within the SD-26 Special
Overlay District, 100% of required nonresidential parking may be located offsite within a
distance of 600 feet of the principal site, pursuant to a Class 11 Special Permit.
*l,
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 approval at second
reading, 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.
APPROVED AS TO FROM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
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{ i } 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
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