Loading...
HomeMy WebLinkAboutPAB LegislationCity of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-02104zt Final Action Date: AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 626, 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 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 xx, Subsection xxx as follows: {1} * * "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS * * * 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 of 22nd Avenue within the city, more particularly, those portions of 22nd Avenue that serve as a linkage between Flaqler Street and SW 81h Street from approximately NW 1st Street to approximately SW 8ch 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 City of Miami Page 1 of 7 Printed On: 11/16/2006 File Number: 06-02104zt this 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. (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 revegetation within sixty (60) days of clearing. Reveqetation 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 tilt landscape. City of Miami Page 2 of 7 Printed On: 11/16/2006 File Number: 06-02104zt 626.3.3. Limitation of use of chain link fence. Chain link fence shall not be placed in required open space adiacent to SW 8th Street 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 halls, billiard parlors, and game rooms. 4. Used automobile dealerships. 5. Ambulance service. 6. Hiring halls or labor pools. 7. Discount membership merchandisers. 8. Vehicle rental facilities. 9. 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. City of Miami Page 3 of 7 Printed On. 11/16/2006 File Number. 06-02104zt 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. 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 Special Exception Permit only. 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 22"d Avenue or such other primary street. Irrespective of the underlying zoning requirements, the following special limitations as to height, footprint and setbacks shall apply to all properties with an SD-26 Overlay designation: Garage Height: 40 feet Maximum. Garages are intended to be located at the back of the lot, away from public view along 22"d Avenue or adiacent primary streets. Heights of parking structures and garages may not exceed 40 feet, measured from grade. Building Height/Envelope limitations: Pursuant to the underlying zoning requirements, a maximum of 120 feet shall not be exceeded at the front setback line for any development located along 22"d Avenue or such other adjacent primary streets; in addition, the following rear (where abutting R-1 or R-2 zoning) height limitations shall also apply for all properties within the district: City of Miami Page 4 of 7 Printed On: 11/16/2006 File Number. 06-02104zt All development within the SD-26 District which abuts R-1 or R-2 zoning on the rear (interpreting herein that regardless of lot or parcel configurations, 22nd Avenue or adjacent primary street, shall be considered the front) shall have a maximum height limitation of 25 feet at the rear setback point (where the district abuts R-1 or R-2 zoning) from which no building height shall be allowed above a 45 degree angle line; such line shall commence at the 25 foot height along the setback line and slope in a direction towards 22nd Avenue, or the front of the site. Setbacks Generally: For all 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. 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 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, 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. At the ground floor to a height of 16 feet above the sidewalk, the 10-foot setback may be used for furniture, lighting and/or the construction of a continuous arcade. Arcades, when used, shall be exactly 10 feet in depth and shall be no Tess 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. 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 Avenueor 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 Tess than 8 feet in height, measured from grade, shall be constructed to screen the view of the City of Miami Page 5 of 7 Printed On: 11/16/2006 File Number: 06-02104zt 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. Rear property line setback for properties with more than 100 feet, but less than 150 feet in depth (measured depth from 22nd Avenue or property front): 10 feet; 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. Rear property line setback for properties with 150 feet or more in depth (measured depth from 22na Avenue or property front): 20 feet; Building walls may be placed no less than 20 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. Liner Depth: 15 feet minimum; Liners (usable active space within the building envelope) are required along the entire 22nd Avenue frontage in order to screen parking areas located behind such spaces, and to prevent unused space along major frontage locations. The liner depth establishes the limit of the parking area toward the front or 22"d Avenue. Liners are required on each floor with parking behind, up to the maximum garage height. 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. Footprint Limitations. There shall be no maximum footprint limitation for structures located on property with frontage on 22"d Avenue and within the SD-24 District, except that all applicable setback limitations as set forth in this Section shall be met. Sec. 626. 9 Limitations on signs. Sign limitations shall be as for the SD-25 SW 8th Street Overlay District (See Article 10, Section 10.6.3.25), subject to Class II Special permit. 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. City of Miami Page 6 of 7 Printed On: 11/16/2006 File Number: 06-02104zt 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 ..Footnote {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 Page 7 of 7 Printed On: 11/16/2006