HomeMy WebLinkAboutCC Legislation (Version 4)CITY. OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO:
FROM
Honorable Mayor and Commissioners
Carlos A. Migoya
City Manager
DATE.: October 21, 2010
SURJECT: PZ,16 — 10/28/10 Agenda
REFERENCES
EnicLosuaEs: Revised Ordinance and
Supporting Documentation
FILE.:
At the request of Mr. Ihekwaba, Public Works Director, the enclosed ordinance (File ID # 10-
00956) has been modified for your consideration in the agenda for the City Commission hearing
of October 28, 2010,
The modification will add an amendment to revise certain dimensions for Bulkheads and
Seawalls along the Rickenbacker Causeway, the Miami River and Biscayne Bay in order to
bring them into alignment with applicable Public Works standards,
The appropriate disclosures will be made on the record at the City Commission hearing and
second reading by the City Commission will be required prior to adoption.
Attached please find revised ordinance for your review; we remain available to provide
additional information as needed.
C: Francisco J. Garcia, Planning Director
Julie O. Bru. City Attorney
Priscilla Thompson, City Clerk
Johnny Martinez, ACM - Chief of Infrastructure
Elvi Gallastegui, Agenda Coordinator
Nzerlbe Ihekweba, Public Works Director
Anel Rodriguez, Chief of Hearing Boards
UBMTTED it TO THE
RFr‘,nRD FOR
to-m-evia
zt- CC LecAisloi;on (Verson L4)
7111
t") LP
0-4 >
•ri
27
..0
son
0
.3t
1 :Z114.1 9Z 130 01
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 10-00956zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY MAKING
MINOR AND NON -SUBSTANTIAL CHANGES, CORRECTING CROSS
REFERENCES TO OTHER PARTS OF THE CODE OR FLORIDA STATUTES;
CLARIFYING AND CORRECTING LANGUAGE AS TO USES, DEFINITIONS, AND
TERMS; ADDING AND CLARIFYING DEFINITIONS FOR ADULT
ENTERTAINMENT; CLARIFYING SETBACKS, WITH REGARD TO THE
FOLLOWING ARTICLES: ARTICLE 1. "DEFINITIONS", ARTICLE 2. "GENERAL
PROVISIONS", ARTICLE 3. "GENERAL TO ZONES", ARTICLE 4. "STANDARDS
AND TABLES", ARTICLE 5. "SPECIFIC TO ZONES", ARTICLE 6.
"SUPPLEMENTAL REGULATIONS", ARTICLE 7. "PROCEDURES AND
NONCONFORMITIES'', ARTICLE 8. "THOROUGHFARES", ARTICLE 9.
"LANDSCAPE REQUIREMENTS", APPENDIX A. "NEIGHBORHOOD
CONSERVATION DISTRICTS", APPENDIX B. "WATERFRONT DESIGN
GUIDELINES", AND APPENDIX C. "MIDTOWN OVERLAY DISTRICT";
CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on September 1,
2010, following an advertised public hearing, adopted Resolution No. PZAB-R-10-023 by a vote of
eight to zero (8-0), item no. 1, recommending APPROVAL with modifications to the City Commission;
and
WHEREAS, on October 22, 2009, the City Commission adopted the Ordinance No. 13114, the
Zoning Ordinance of the City of Miami, Florida, as amended, the Miami 21 Code ("Miami 21 Code") ;
and
WHEREAS, it has been determined that certain articles of the Miami 21 Code should be
amended to allow or restrict certain uses and provide clarification of specific articles of the Miami 21
Code to better meet the needs of the residents of Miami; 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 the Miami
21 Code;
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 adopted
by reference and incorporated as if fully set forth in this Section.
E
4,
City of Miami Page 1 of 16 File Id: 10-00956zt (Version: 4) Printed On: 10/25/2010
File NumerY0-00956zt
Section 2. Ordinance No. 13114.the Miami 21 Code, ishereby amended bvmaking
modifications to Articles 1 through S. Appendices A, B. and C in the following particulars: f1l
'Y\F{T|CLE 1.
DEFINITIONS
1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
^
d.COMK8ERC|AL
�
u
�
items
General Commercial: A place of business providing the sale and display of goods or sale of services
directly tothe consurner, with goods &voi|ab|efor immediate purchase and removal from the premises
by the purchaser. General connrneroio| goods inc|ude, but are not limited to, o|othing, food, furniture,
pharmaceuticals, bonks, art objects and the like. General commercial services include, but are not
limited to, barbershops; beauty salons; travel agencies; fortune tellers; retail dry cleaning; express
delivery service; health spas and fitness studios; photo studios; Funeral Homes; Animal Clinics; Repair
service establishments, Employment Office; Pub|ic8toraAe Facilities, and the like. General
Commercial services exclude: Auto -Related or Marine -Related Establishments; Commercial Storage
Facilities, Pawn Shops, and the like.
Entertainment Establishment, Adult: A place of bU6iiciess that so4s, rents, leases, trades, barters,
operates on ConlmiSOiGm or foe, pVnaeyo, dispkay3, or ofho[
service establishment isnot op 8tothe public geney.-
as set out above and in these regulat
"
e,!L!!aduItmassage pador.""adult motion picture
..
"'
Entertainment Establishment Aclu|t� Adult enhertainnnert, in qanana|; adult entertainment services or
adult entertainment services establishment (hereinafter referred to throughout the code as 'Adult
entertainment"): Anyestablishment which sells, rants. |eeaeo, trodes, bortero, operates on
City of Miami
File Numbec1D'00956zt
commission or fee, pun^eyo, diap|aya, or offers only to or for aduba, producby, goods of any notune,
innages, reproduct|ons, ectividao, opportunities for experiences or encounters, rnovinq or still picturea,
entertainment, and/or amusement, distinOuished by purpose and emphasis on maUarsdepictinq.
desohbinq, ormy|adinq by any means of communication, from one (1) person to another. to "Specified
Sexual Activitiem^ or "Specified Anatomical Anema" as herein defined in Section 1.2 of this Code. Such
establishment may ormay not baopen oravailable to the public qenaraUKbut shall exclude any
person under eiqhteen(1O)years ofaqe./t iethe intent oYthis definition that determination asto
whether or not a specific establishment oractivity falls within the context ofnyqu|ation hereunder shall
bebased upon the activity therein conducted orproposed tqbe conducted amset out above and in
thesereQu|ationo. Such establishment shall not depend upon the name or title of the establishment
used or proposed, and it shall be irrespective of whether or not rnenobena of the public are invited to
eotersuoheotnb|iahrnent.Thue.theterrno"adu|tboVkst0ne.^''odu|tnnaaaaqepedor.""odu|1nnobon
picture theoter.''"adult private dancinq," and "adult escort service" are encompassed within this
definition of "Adult enhertoinnnant", but the term "Adult mntertainrnent'' is not to be deemed limited by
the enunciation of specific activities listed before. Adult entertainment establishments are allowed in
02 industria|, subject to the |irnbadona set forth in Article 0. Table 13.
Adult entertainment- Leqkdatke|ntent,
As intended in previous zoninq ordinancae, most particu|ady. ZOninO ordinances 11000 and 9500. this
ordinance intends 1onaqu|a1aAdult entertainment aoherein defined, tominimize deleterious effects Vn
the neiqhborhood. These deleterious effects have been presented as evidence and relied upon for
adoption in previous adult entertainment |eqis|mdon in zoninq ordinances 9500and 11000. and any
also relied upon herein. Such deleterious effects may ino|ude, but not be limited to, depreciation of
values oynearby and odiacent propertima, deterioration in appearance of the areas inwhich they are
|ooated, production of a skid row type of atmosphere, diaoouraOennent of residential uses in the area,
and creation of an erotically auqqashve atmosphere on public ways used by minors. Moreover, in the
development and enforcement of restrictions on Adult entertainment in this code, this section and in
Article O. it is ooknovv|edqed that adult entertainment have been found to have serious objectionable
characteriatica, and to have odeleterious effect onadjacent businesses and naeidanba| areas. in
rnokinq thisfinding
, , the Commission has reasonably relied upon evidence of conditions within the City
itae|Y, evidenceqothened byother localities and connnnunibes, and evidence described in judicial
opinions. For the protection and vva|yaFa of the oonnnlunity, it is necessary, to locate Adult
entertainment away from residential areas and commercial areao, and particularly away from public
facilities that are used frequently by nninoro, such as schools, churches. parka. |ibrariao, day cona
centers or nurseries, and to restrict Adult entertainment to industrial areas.
^ ^ ^
1.2[)EF|N11-|ONG OF TERMS
°
°
°
Submitted into the public
record inconnection with
items PZ.1Gmn 10-28'10
Priscilla A.Thompson
City Clerk
Content. Adult: see Adult Entertainnnent� Specified Anatomical Areaa� Specified Sexual Activities; see
section 11 Commercial Use.
°
Public Storage Facilities: Anaatob|ieimertcontaining separate, secured self -storage areas orlockers
used for the temporary storage of household items and seasonal or recreational vahio|ea, ornoU boata,
trailers etc. These facilities cater primarily to the needs of nearby residents. See Section 1.1
City of Viand Page 3 of File �I0-00567.t (Version/4) Printed On: /012512mo
File Number 10-00956zt
Commercial, General Commercial) and Article 6.
°
Specified Anatomical Areas: Those areas of the human body. less than completely and opaquely
oovered, which consist of: (o) male or female genitals or pubic region; (b) nnm|e or female bmttPcks,
anus, anal [Jeft. or cleavage; (c) female breast below a point immediately above the top of the aFeo|g;
or bd> human nlo|e genitals in a discernibly turgid state. See Section 1.1 (Commercial, Entertainment
Establishment, Adult).
Specified Sexual Activities: Those activities xvhich, when desohbed, diap|8ved, exhibited, einnu|ateJ, or
depicted bywhatsoever medium iDaOadult entertainment service establishment: (a)show the human
genitals in a state of sexual Sdrnu|otion, or being aroused to a state of sexual stimulation, (b) ahqvv
acts of human rnaoturbation, human sexual intoroouroe, or sodomy; or sexual acts between humans
and animals; (c)show one (d 1)human being fondling o[touching erotically the genitals, pubic area,
buttock, anus, orfemale breast Vfanother human being. See Section 1.1 (Commercial Entertainment
Establishment, Adult).
ARTICLE 2.
GENERAL PROVISIONS
°
2.1PURPOSE AND INTENT
2.13 TraOSectPhDCip|eS
Specific to General Urban J4), Urban Center J5\ and Urban Cnns (T�]) Zonea, to the extent not
inconsistent with applicable state or federal |nvv, the continuity of the urbanized areas should transition
to take precedence over the natural environment, exoocd Parka, recreation and natural features. Storm
water management on Thoroughfares and Lots shall be implemented primarily through underground
storm drainage channeled by raised curbS, and there shall be no retention or detention required on the
individual Lots. |rnpernnagb|e surface shall be confined to the ratio of Lot Coverage by Building
specified in Article 5 aR*d 4atif;le48.
ARTICLE 3.
GENERAL TO ZONES
° ° ^
3.3 LOTS AND MONTAGES
items PZ.16 on 10-28-10
CL
City of Mond
Page 4?y/6 File »�/0'0VYJ6zi/version:wPrinted On: /&12/120/0
File Number: 10'00956zt
3,3.6 For new BuUcUnQa 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 pernndted, the
Established Setback sha��nl bemaintained ifgGallery orArcade ia provided. VVhens
a Gallery or Arcade is not pFovided, the setback for the underlying Tranaect Zone shall
be maintained.
°
3.4 DENSITY AND INTENSITY CALCULATIONS
°
Submitted into the public
record inconnection with
items PZ.2Gnn 10'28-10
Priscilla A.Thompson
City Clerk
3.41 Lot Area, inclusive of any dedications, is used for purposes of Density and Intensity calculation.
°
3.6 OFF-STREET PARKING AND LOADING STANDARDS
3.6.1 Off -Street Parking Standards
a. Off-street Parking requirements for the individual T:onoeotZoneo ahmU be as set forth in Article
4. Table 4. Where required off-street parking is based on square footage of Use, the
calculation shall only include Habitable Rooms and Habitable Space occupied by such Use.
b. Off-street Parking dimensions and Shared Parking (mixed -use) reduction table shall be as set
forth in Article 4, Table 5.
c. Required Parking for Adaptive Reuses may be reduced or exempted by Waiver for properties
located in a Community Redevelopment Area, or in areas where a Parking Trust Fund has
been estab|xshed, or for historic sites and contributing Structures within designated historic
d. Parking reductions shall not Uecumulative except |nT6-3O. T8-46. T8-60 andTO-8D. Parking
reductions shall not exceed fhb/ percent (50Y6) of the bzte| {Jff-atnsat Perking nequinad, except
for Residential components of projects within one thousand (1.000) feet of K4etroraU or
K8etnornoverxtations.
°
3]1 WATERFRONT STANDARDS
In addition bzthe Mionn| City Cher -tar requinsrnents, the following 8eUbach, vva|kvvayn and waterfront
standards shall apply to all waterfront properties within the City of Miami, except as modifications
City «fMiami
Page 5oy/6 File Id: /0-VVY56#(0,rsion'*) Printed On: /o12512o/o
File Number: 10-00956zt
to these standards for all waterfront properties may be approved by the City Commission pursuant
to the procedures established in the City Charter.
All Miami riverfront properties shill include water -related uses across all Transect Zones except
T3.
ARTICLE 4.
STANDARDS & TABLES
* * *
Article 4. Table 2 Miami 21 Summary
d, Floor Lot Ratio
Add bonus threshold from Article 5 to Summary Table for Transect Zones T6-8 T6-12, T6-24, T6-36,
T6-48, T6-60, T6-80. [See Exhibit A]_
Article 4. Table 3 Building Function: Uses
*
Add footer to Table as follows: See City Code Chapter 4 for regulations related to Alcohol Beverage
Service Establishment. [See Exhibit B]_
*
ARTICLE 4. TABLE 4 DENSITY, INTENSITY AND PARKING
* * *
T4 - GENERAL URBAN ZONE
LIMITED
OFFICE
Office Uses are permissible as listed in Table 3, limited by compliance with:
0
to.)
EU
u
0. w
0 p•
4-
ci
0.
City ofMianJ Page 6 of 16 File Id: 10-00956z1 (Version: 4) Printed On: 10/25/2010
File %umbe�1O+7O956z,
9 The first Story of the Principal Building and
Accessory Structure and Office
and Commercial Uses shall be less than 5096 Building floor area total. [See Exhibit Cl
°
COMMERCIAL
°
°
Commercial Uses are permissible as listed in Table 3, limited by compliance with:
* The first Story of the Principal Building and
Accessory Structure and Office
and Commercial Uses shall be less than 50% Building floor area total. [See Exhibit C]
*
^
°
T5'URBAN CENTER ZONE
RESTRICTED, LIMITED, OPEN
^ °
Ancillary Dwelling Minimum of parking Space per ancillary unit iRaddition to the parking required for
(See Exhibit [U
° ^ °
ARTICLE 4. TABLE BUILDING FUNCTION: PARKING AND LOADING
SHARED PARKING STANDARDS
°
°
^
°
For instance: fora building with e Residential Use requiring 100 spaces and m Commercial Use
requiring 20 spaces, the 20 spaces divided by the sharing factor of 1.2 would reduce the total
requirement to 100 plus 4-6 17 spaces, For uses not indicated in this chart on a mixed use lot a
sharing factor of1 1 shall be allowed. Additional sharing is allowed by Warrant. [Gee Exh/bitEl_
°
DFFSTREETPARKING STANDARDS
°
For IandSGaping requirements of parking |cde. refer toArticle S and the City of Miami Off-street Parking
Guides and Standards. [See Exhibit El
LOADING BERTH STANDARDS
°
°
°
items PZ.16on 10-28-10
A�
�
Page 7vy/6 File Id.-/0-00Yi8: (ye,sion/4) Printed On: /0y2512V/0
File Number: 10-00956zt
Berth Size
240 200 sf= 10 ftx 20 ftx 12 ft
[See Exhibit E]
ARTICLE 5.
SPECIFIC TO ZONES
5.3 sub -urban Transect Zones (t3)
*
5.3.2 Building Configuration (T3)
*
*
e. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be
as shown in Illustration 5.3. The first -floor elevation of a Principal Building shall be a
maximum of two and a half (2.5) feet above grade, or as regulated by FEMA, whichever is
higher. A flat roof shall be a maximum of two Stories and twenty-five (25) feet. A pitched
roof shall be a maximum of twenty-five (25) feet to the eave and shall not exceed ten (10)
feet overall Height above the second Story.
*
5.3.6 Landscape Standards (T3)
b. At the First Layer, pavement shall be limited as follows: Impervious pavement shall be
limited to thirty percent (30%) of the area and pervious pavement shall be limited to sixty
percent (60%) of the area; a combination of pervious and impervious pavement shall be
limited to sixty percent (60%) of the Let area in the First Layer.
* * *
Illustration 5.3 SUB -URBAN TRANSECT ZONES (T3)
Correct corner lot illustration for Building Placement to show 5 feet side setback.
[See Exhibit F]
5.4 GENERAL URBAN TRANSECT ZONES (T4)
*
5.4.5 Architectural Standards (T4)
City ofMiami Page 8 416
File Id: 10-00956zt (Version. 4) Printed On: 10/25/2010
File mumbor1D-DO95Oct
°
^
^
c. Roof materials should be |ight-co|ored, high-A|bed0 or planted aurf@Ce,and shall comply
with Article 3, Section 3.12.2 of this Code.
5.4.6 Landscape Standards J4)
°
°
°
°
°
^
Submitted into the public
record inconnection with
|tennoPZ.16 on 10'20-10
Priscilla A.Thompson
City Clerk
b. In the First Layer, pavement ehoU be limited as follows: impervious pavement ohmU be
limited to forty percent /40%\ of the area and pervious pavement shall be limited to fifty
percent (5096) of the area; o combination of pervious and impervious pavement shall be
limited to fifty percent (50%) of the �et area in the First Layer.
�
5.5,5 Architectural Standards /T5\
~
c. Roof materials should be |ight-oo|ored, highA|bedo or planted aurfoce,and ahoU comply
with Article 3, Section 3.13.2 of this Code.
5.6.2 Building Configuration J6)
°
c. Encroachments shall be as follows: At the First Layer, cantilevered 8vvninQe and entry
canopies may encroach up to one hundred percent /100Y6\ of the depth of the Sedbaok,
except as may be further allowed by Chapter 54 of the City Code. Above the first Story,
cantilevered be|coniaa, bay windows, and roofs may encroach up to three (3) feet of the
depth of the Setback. Other cantilevered portions of the Building shall maintain the required
Setback. At the Second Layer Above the oiQhth Story, no Encroachments are pernnitted,
except that Facade components promoting energy efficiency such as shading and
Screening devices that are non -accessible may encroach amaximum ofthree (3)feet.
^ * °
5,6.5 Architectural Standards J6)
Chy of Miami
Page 9of/d File Id: /0'00956c (Vtrsion'*)Printed On: /0125130/0
File Number 10-00956z(
c Roof materials should be |ight-co|oned, high /Ubedo or planted surface-. and shall comply
with Article 3. Section 3.13.2 of this Code.
°
°
ART|CLEO.
SUPPLEMENTAL REGULATIONS
TABLE 13SUPPLEMENTAL REGULATIONS
D-DISTRICT
°
°
"
°
°
ENTERTAINMENT ESTABLISHMENT ADULT� ADULT ENTERTAINMENT, IN GENERAL; OR
ADULT ENTERTAINMENT SERVICES ESTABLISHMENT "ADULT ENTERTAINMENT"
°
D2- INDUSTRIAL
°
~
°
/hju|t Entcrtoinrnort Establishments are regulated with the inbard to minimize deleterious secondary
|onahed, production ofa skid row type ofatmgaohepo. inopecsed crime and health safety concerns,
A minimum distance of 1,000 feet shall be required from any public park, school, or property zoned for
Residential Use; including such public park orschool properties outside City limits or properties zoned
residential by the external jurisdiction.
The distance shall be measured from the front door of the proposed Adult Entertainment
Establishment to the closest property line of the protected Use.
Any application shall be accompanied by a survey certified by a land surveyor registered in the State
OfFlorida showing compliance with all minimum distance requirements.
Discontinued or abandoned Adult Entertainment Establishments may not resume the use until all
requirements of this Code and the City Code are met.
No Variances shall be permitted,
Cit
Page /0oy16 File ld:/V-09j6,7((Nrxiov:*) Printed On: /V12j12V/V
File Number 10-00956zt
[See Exhibit G]
D3 - WATERFRONT INDUSTRIAL
located, production of a skid row type of atmosphere, increased crime and health safety concerns,
discouragement of residential Uses in the arca, and creation of an erotically suggestive atmosphere
Additional Regulations:
outside City limits or properties zoned residential by the external jurisdiction.
The distance shall be measured from the front door of the propc
Establishment to the closest property line of the protected use.
requirements.
requirements of this Code and the -City Code are rnet.
[See Exhibit G]
7.1 PROCEDURES
7.1.2 Permits
7.1.2.4 Warrant
ARTICLE 7.
PROCEDURES AND NONCONFORMITIES
* * *
u
0
0. c
• o
-c T-1
4-, U
o w
4-, C
C c
0
-0 U
.
-0
EL.
Oft .0,
U
VI a-
cC)
c
0
o.
a)
City ofMiami
Page 11 of 16 File Id: 10-00956z1 (Version: 4) Printed On: 10/25/2010
File Number: /0'00Q56zt
e Appeal to the P|anning. Zoning and Appeals Board,
Appeal of the determination of the Planning Director shall be de DOY0 and taken to the
P|onn/ng. Zoning and Appeals Buardr. An appeal ohoU befiled with the Hearinq Boards
[)Mioe within fifteen (15) calendar days of the posting of decision by the Planning
Director on the Citv's vvebsita. The appeal shall be filed with the Hearing BQaFds Q#iGe.
The Board shall determine whether the Warrant is upheld or rescinded.
The ruling of the P|anning. Zoning and Appeals Board may be further appealed to the
City Connnnission, de nnvo and must be filed with the Office of Hearing Boards within
fifteen (15) calendar days ofthe Board's issuance ufits ruling.
The filing of the appeal shall state the specific reasons for such appea|, together with
payment of any required fee. The appeal may be filed only by the applicant or any
person who is aggrieved by the action of the P|ann/ng. Zoning and /\ppeo|a Board.
Submitted into the public
record inconnection with
items PZ.16mn 10'28'10
Priscilla A.Thompson
City Clerk
e. Appeal Uzthe Planning, Zoning and Appeals Board,
Appeal of the determination of the Zoning Administrator shall be de novo and token to
the P|anning. Zoning rind Appeals Bomrd7. An appeal shall be filed with the Hearinq
Boards Office within fifteen (15) calendar days of the posting of the Zoning
Administrator's decision on the Citv'm vvebsite. The 000eol Shall bo fUcd with #nz
Hearing Boards Office.
7.1.2.6 Exception
^
b. Review by Planning Director and Coordinated Review Committee.
°
^
As appropriate to the nature of the Exception involved and the particular circumstances of the case.
the following criteria shall apply toanapplication for onException. Inaddition, tTheapplication shall be
reviewed for compliance with the nsQu|adona of this Code and a traffic study ehoU be provided as
required by the Planning Director. The review shall consider the manner in which the proposed Use
will operate given its specific location and proximity to less intense Uses, and shall The review shall
aA-&* apply Article 4, Table 12 Design Review {}riteha, as applicable.
7.1.3 Application and Review Process
�
° ^ °
Fife Nmnber10-00856zt
7.1.3.4 Plan Approval Required for Warrants, Waivers, Exceptions and Variances
d. Materials to be submitted with the application shall include mops, p|ona, aunxayn,
studies and reports that may reasonably be required to make the necessary
determinations called for in the particular oeoe, in sufficient copies for referrals and
records, including those nnateho|a listed in section 7.1.3.3. and may include other
nnmteha|a such as traffic studies and other documents relative to the application, as
deemed necessary by f.he Planning Director or Zoning Administrator, as applicable.
°
7.1.4.5 Hearing Procedures
^
Submitted into the public
record inconnection with
items PZ.1Gon 20'28'10
Priscilla A.Thompson
City Clerk
a. The hearing shall, to the extent possible, be conducted as follows:
�
2. The members of the Decision -making body shall disclose any ex parte communications regarding
the application. Such disclosure bythe commissioner shall remove the presumption of prejudice from
expartecommunications pursuant toFla. 8teL28O.O115.
7.2 NONCC}NFORM |T|ES: STRUCTURES; USES; LOTS; AND SITE IMPROVEMENTS
* °
72.2 Structures and Uses inthe Event ofDisaster
a. Single -Family Residences, Duplexes and Multi -family Structures
In the event of natural disaster, exp|oson, firo, act of God, or the public enemy, the
Zoning Administrator may permit the reconstruction of any nonconforming Single -Family
Rea|dence, duplex ormulti-family structures to the same or decreased nonconformity as
existed immediately prior to the disoster, upon proof satisfactory to the Zoning
Administrator of the configuration of the prior Single -Family Reoidence, duplex or
multi -family structures. and only in compliance with the Florida Building Code. An
application for reconstruction of the Single -Family Residence_ o, duplex or rnu|U-fanni|y
structures shall be filed within twelve /12> months of the event of its destruchon, unless the
City Commission authorizes the Zoning Administrator to extend the twelve (12) month time
period city-wide.
ARTICLE O.
THOROUGHFARES
City of Hiarni
File Number: /0-V0950zt
81GENERAL DESCRIPTION
°
^
°
°
Submitted into the public
record inconnection with
items PZ.16on 10'28'10
Priscilla A.Thompson
City Clerk
|nZones T3and T4.O1.O2and D3.generally sidewalks occur atthe edge ofthe Right-Vf-VVay. In
ZbneaT5 and TO, sidewalks occur cdthe edge of the Right -of -Way and are given the additional
9.5 Minimum Standards
9.5.5 Minimum Number of Trees
°
ART|CLEg.
LANDSCAPE REQUIREMENTS
°
°
�
° ° ~
^
°
^
c. Tree Uoat fund. If the rninirnurn number of trees required cannot be reasonably planted on the
subject pnJperty, but as an alternative tothe off -site tree planting option provided in subsection
9.5.5.2 9.5.5.b. the applicant shall contribute into the oity'stnse trust fund the aunn of one thousand
dollars ($1000,00) for each two (2) inch caliper tree required in accordance with Table A of section
9.5�5. A city resident with current proof of residency and homestead status shall contribute five
hundred ($500.00) for each two (2) inch caliper tree required in accordance with Table A of section
°
APPENDIX NEIGHBORHOOD CONSERVATION DISTRICTS
^ ° °
A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)
2.4 Residential
All T3. Single -Family Residential zoning regulations shall apply within the Village West |e|gnd
District and Charles Avenue, hereafter referred to an NCD-2, except as modified ba|ovv If any
such requirements conflict, NCD 2 the moFe restrictive requirements shall apply.
°
^
City yyMYxmi Page /4Y/N File Id. /V-00Y56a/vemiou/^VPrinted Ov'/&251J0/0
File Number: 10-00956zt
A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT NCD-3
3.6 Single -Family Residential District
The single family residential district is intended to protect the low density residential and
dominant tree canopy characteristics of Coconut Grove and prevent the intrusion of additional
density, uses, and height.
All T3, Single -Family Residential zoning regulations shall apply within the Coconut Grove NCD-3
Single -Family Residential District, hereafter referred to as NCD-3, except as modified below. If any
such requirements conflict, NCD 3 the more restrictive requirements shall apply.
*
APPENDIX B WATERFRONT DESIGN GUIDELINES
*
Bulkheads or Seawalls
Submitted into the public
record in connection with
items PZ.16 on 10-28-10
Priscilla A. Thompson
City Clerk
1. Bulkheads and Seawalls constructed on properties north of the Rickenbacker Causeway and
along the Miami River or Biscayne E'ay shall be constructed s+x-(€} five (5) feet above National
Geodetic Vertical Datum (NGVD). Bulkheads constructed on properties south of the Rickenbacker
Causeway and on Biscayne Bay shall be constructed seven (7} six (6) feet above National
Geodetic Vertical Datum (NGVD). All other bulkheads located in the City of Miami shall meet the
minimum Miami -Dade County Standards.
2. Bulkheads or Seawalls shall be constructed eighteen (18) to twenty-four (24) inches in width
at the top and meet all City of Miami departments' requirements. The top of the bulkhead or
seawall shall be at a constant elevation for the length of the bay / river walk.
3. Deviations to the bulkhead requirements may be granted by the Director of Public Works to
construct bulkheads or seawalls at a height above other than the standard NGVD set by the City
due to a justifiable request. Any deviations from the City standard bulkhead elevation where a
waterfront walkway is being proposed would require the property owner to construct, on the
applicant's property, a connecting transition at a consistent A.D.A. compliant width and grade to
the waterfront walkway on adjacent properties. All requests for a deviation to the mandated
bulkhead elevation shall be made in writing to the Director of Public Works and shall include all
appropriate architectural and engineering or other documentation needed to make a
determination.
*
APPENDIX C MIDTOWN OVERLAY DISTRICT
SD-27 MIDTOWN MIAMI SPECIAL DISTRICT
City of Miami Page 15 of 16 File Id: 10-00956zt (Version: 4) Printed On: 10/25/2010
File Number 1D-00Q50zt
°
Mixed Use: The 8O-27 District promotes nnuUUpha uses within the same lot and on adjoining lots by
permitting multiple principal uses within the underlying district. A mixed use building or parcel exists
when there is more than one use and must include a combination of residential, retail, office, and/or
live -work use. Specifically excluded from the definition of Mixed Use is a bui|dinq of only residential
and/or live work uses. When the majeFity of building area is dediGated to uses otheF thaR FesideRtial
and/or |iwa work uses, at least ton /10\ percent of the total FAR of the building --hall be dedicated to
nasidendo| and/or live work uses in order to be classified ac a mixed use building. The accessory or
secondary use of a Mixed Use bui|dinq shall be a minimum of then (10) percent ofthe total floor area
of the bui|dinq. For the purposes of :;a|cu|ating mixed uses. live -work uses shall be allowed to count
towards residential orcommercial uoeo, but shall not beallowed tocount towards more than one use,
^
Section 3. If any sechon, part of a oeotion, paragnaoh, clause, phrase or word of this
Ordinance is declared inva|id, 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 Miami 21 Code of the City of K8ianni. Florida, which provisions
may be renumbered or reentered and that the word ^ordinance" may be changed to "section",
^ar-tide", orother appropriate word to accomplish such intention.
Section 5. This Ordinance shall become effective upon its adoption and signature of the Mayor. (2)
APPROVED AGTOFORM AND CORRECTNESS:
JUL|EO.BRU
CITY /\TTORNEY- \
Submitted into the public
record inconnection with
items {ZI§mn 10'28'10
Priscilla A.Thompson
City Clerk
Footnotes:
(1} Words and/or figures stricken through shall be deleted. Underscored vvuFdo and/or figures
shall beadded, The remaining provisions are now ineffect and remain unchanged, Asterisks
indicate omitted and unchanged material.
(l) This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date itwas passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto bythe City Commission orupon the
effective date stated herein, whichever is later.
Page /6oy/d File Id: 10'00956: (Qr,ion/*/Printed On: /&251J0/V