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Home My WebLink AboutPZAB ResoMiami Planning, Zoning and Appeals Board File ID 10-00956zt Resolution: PZAB-R-1 0-023 September 1, 2010 Item PZAB.1 Mr. Michael Schiff offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL WITH MODIFICATIONS, TO THE MIAMI CITY COMMISSION, TO AMEND 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 FLA. STAT., 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, AND APPENDIX C. MIDTOWN OVERLAY DISTRICT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. THIS TEXT AMENDMENT WAS RECOMMENDED FOR APPROVAL WITH THE FOLLOWING MODIFICATIONS: REMOVING ITEMS 14, 18, 20, AND 24 FROM THE "SYNOPSIS OF RESOLUTIONS" (HEREBY ATTACHED) AND AMENDING ITEM 10 BY ADDING A FOOTNOTE STATING THAT BONUS SHALL NOT BE AVAILABLE IN T6 PROPERTIES ABUTTING T3 PROPERTIES. Upon being seconded by Mr. Patrick Goggins, the motion was passed and adopted by a vote of 8-0: Mr. Ron Cordon Absent Mr. Charles A. Garavaglia Yes Mr. Patrick Goggins Yes Ms. Maria Beatriz Gutierrez Absent Mr. Lazaro Lopez Yes Mr. Ernest Martin Yes Mr. Daniel Milian Yes Mr. Guillermo Revuelta Yes Mr. Michael Schiff Yes Ms. Janice Tarbert Yes Francisc• arcia, Director Planni g Department STATE OF FLORIDA COUNTY OF MIAMI-DADE Personally appeared before me, the undersigned authority, Anel Rodriguez, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS IS DAY 0 ih.111 ! 2010. SaMfo, i $ Print Notary Name Personally know ✓ or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary • blic State of lorida My Commission Expir ra" fie. Notary Public State of Florida Sandra Forges My Commission DD859677 =+?owes 02/09/2013 Synopsis of Resolutions The intent of this synopsis is to guide board members through each resolution and to provide additional information and background on why the amendment is proposed prior to the meeting. It will also serve as a guide as each resolution is presented. PZAB.1 FILE ID # 10-00956zt PZAB Recommendation Line Item Cross Ref. Check Box Section Modified Reason Detailed Explanation 1 3 Section 1.1 Definitions of Uses Clarifying the use definition of General Commercial Clarification that Public Storage Facilities are considered General Commercial uses. This clarification is necessary because there was an incorrect cross reference in the term definitions that created confusion. See Page 2. 2 4, 22 Section 1.1 Definitions of Uses Clarifying the use definition of Adult Entertainment Establishments A modification done by the Legal Department due to recent litigation concerning such establishments. The definition is being clarified and also includes legislative intent in order to protect the City from further litigation. See pages 2 - 4. 3 1 Section 1.2 Definitions of Terms Correcting cross reference for Public Storage Facilities Correcting the cross reference for Public Storage Facilities to show it as a commercial use. See page 2. 4 2, 22 Section 1.2 Definitions of Terms Correcting typographical errors Two small typographical corrections to the terms Specified Anatomical Areas and Specified Sexual Activities. See page 4. 5 Section 2.1.3 Transect Principles Correcting Cross Reference Incorrect reference to Article 8 concerning lot coverage which is not found in that article. See page 4. 6 Section 3.3.6 Lots and Frontages Clarifying Established Setback Area Requirements Claryfing setback language that was contradictory regarding established setback areas. The intent is to be able to allow the established setback only if a gallery or arcade is provided. Otherwise, the setback of the underlying Transect Zone is maintained. See page 5. 7 Section 3.4.1 Density and Intensity calculations Clarify Density and Intensity calculations Clarifying that dedications required by the City or other agencies will not affect a property's achievable density or intensity. See page 5. 8 Section 3.6.1 Off-street Parking Standards _ Clarifying how to calculate off-street parking requirements Clarifying that only habitable rooms and habitable space (does not include closets, mechanical rooms, elevator shafts, etc.) will be used to determine parking requirements. See page 5. 9 Section 3.11 Waterfront Standards Clarifying process for modification of waterfront setbacks Clarifying that the City Commission has the ability to modify Waterfront Standards citywide according to the rules and procedures established by the City Charter. See page 6. 10 Article 4, Table 2 Miami 21 Summary Adding information to Table 2 concerning bonus thresholds Adding bonus FLR thresholds available in the T6 transect zones and established in Article 5 to Table 2 for ease of use and provide a quick summary of information for end users. See page 6 and Exhibit A. Modification to include note that excludes bonus when abutting T3 properties 11 Article 4, Table 3 Building Function: Uses Informing users of the code about additional regulations pertaining to Alcohol establishments A footnote will be added to the Use Chart to inform applicants that there are additional regulations for alcoholic beverage service establishments that are found in Chapter 4 of the City Code. See page 6 and Exhibit B. Planning, Zoning and Appeals Board Page 1 September 1, 2010 Synopsis of Resolutions PZAB.1 FILE ID # 10-00956zt PZAB Recommendation Line Item Cross Ref. Check Box Section Modified Reason Detailed Explanation 12 Article 4, Table 4 Density, Intensity and Parking Correcting typographical errors Replacing the undefined term "ancillary building" with the defined term "Accessory Structure" and removing references to ancillary units in T5 Transect Zones, since they are not allowed in T5. See pages 6 and 7 and Exhibits C and D. 13 Article 4, Table 5 Correcting typographical errors Correcting typographical errors in the Shared Parking Standards (replace 16 with 17), Off-street Parking Standards (remove the term landscape) to refer all parking lots, not just for landscaping requirements, to the City of Miami Off -Street Parking Guides and Standards, and correcting a typographical error in Loading Berth Standards sections (replace 240 sq ft with 200 sq ft). See page 7 and Exhibit E. 14 Section 5.3.1 Building Disposition (T3) Clarifying Intent Removes the requirement for Single -Family and Two -Family homes to be built parallel to the street, makes it a recommendation only. See page 8. Modificaton to delete this provision 15 Section 5.3.2 Building Configuration (T3) Adding cross reference to FEMA standards Clarifies, in instances where FEMA flood levels are higher than grade elevation, that maximum height is measured from the FEMA established level. This was established in Article 3, but this cross reference is for clarity. See page 8. 16 Section 5.3.6, 5.4.6 Landscape Standards (T3), (T4) Correcting typographical errors Removes the term "Lot" from the driveway permeability section to clarify that maximum percentages are based on first layer area, not Lot area. See page 8. 17 Illustration 5.3 Sub -Urban Transect Zones (T3) Correcting inconsistency in Setback Illustration This will make Illustration 5.3 consistent with Article 4, Table 8 which indicates that corner lots have two frontages, two sides and no rear. See page 8 and Exhibit F. 18 24 Section 5.4.2, 5.5.2, 5.6.2 Building Configuration (T4,T5,T6) Correcting inconsistency between sections This will clarify that vehicular/service entrances for mid -block lots will not require waivers. This will be consistent with sections 5.5.4 and 5.6.4 (Parking Standards). See page 9. Modification to delete this provision 19 Section 5.4.5, 5.5.5, 5.6.5 Architectural Standards (T4,T5,T6) Adding Cross Reference This will add a cross reference to the Heat Island Effect requirements of Section 3.13.2 of the Code under Architectural Standards to alert applicants of the additional requirements. See page 9 - 11. 20 Sec. 5.4.7, 5.5.7, 5.6.7, 5.9.7, 5.10.7 Ambient Standards (T4, T5, T6, D) Clarifying Intent This will clarify that requirements for concealing light spillover shall apply to surrounding street frontages and properties. This will protect homeowners from light shining into their backyards. See page 9 - 11. Modification to delete this provision Planning, Zoning and Appeals Board Page 2 September 1, 2010 Synopsis of Resolutions PZAB.1 FILE ID # 10-00956zt PZAB Recommendation Line Item Cross Ref. Check Box Section Modified Reason Detailed Explanation 21 Section 5.6.2 Building Configuration (T6) Correcting typographical errors This will clarify that encroachments into setbacks are not permitted above the eighth story by replacing the term "Second Layer" with "above the eighth story". The intent of this provision was to prevent balconies and other features from protruding into required upper level setbacks. See page 11. 22 2, 4 Article 6, Table 13 Supplemental Regulations (D) Relocation of language to definitions section This removes language with regards to Adult Entertainment Establishments in D2 that was placed in the definitions section. It will also remove all language with regards to these establishments in D3, as Adult Entertainment Establishment is not a permitted use within D3. See pages 12 and 13 and Exhibit G. 23 Section 7.1.2.4, 7.1.2.5 Warrant, Waiver Correcting typographical errors This will clarify language so that it is clear an application must be filed within 15 days of a decision on a Warrant or Waiver, not taken to the PZAB within 15 days. See page 14. 24 18 Section 7.1.2.5 Waiver Remove Waiver # 11 This is removing the Waiver for required vehicular/service entries on mid -block lots from the Waiver list. See page 14. Modification to delete this provision 25 Section 7.1.2.6 Exception Clarifying criteria for Exceptions This will correct typographical errors within the Exception criteria and clarify that Article 4, Table 12 shall be applied when reviewing Exceptions. See page 15. 26 Section 7.1.2.8 Amendment to Miami 21 Code Providing successional zoning changes to D1 This will allow T5 and T6-8 properties to successionally rezone to D1, thus allowing the commercial properties to become Light Industrial and/or provide for work live component, if desired. TO BE WITHDRAWN. Withdrawn by administration 27 Section 7.1.3.4 Plan Approval Required for Warrants, Waivers, Exceptions and variances Clarify types of required documentation This will clarify that traffic studies and any other documents relative to an that can be requested by the Zoning application can be requested by the Zoning Administrator or Planning Director Administrator or Planning Director when reviewing Special Permit Applications. See page 16. 28 Section 7.1.4.5 Hearing Procedures Adding language requested by the Legal Department As per Florida Statutes 286.0115, language is being added under the Hearings Procedures section. See page 16. 29 Section 7.2.2 Structures and Uses in the Event of a Disaster Correcting typographical error Adds additional reference to multi -family housing in the section pertaining to Disasters. Multi -family housing was already included in this section, this only clarifies that multi -family is included by adding an additional reference that was excluded in error. See page 16. 30 Section 8.1 General Description Removing easement requirement Removes the easement requirement for the ten (10) feet of additional sidewalk area requested by the Code. This property will remain under ownership of the property owner but shall remain public during normal business hours. See page 17. Planning, Zoning and Appeals Board Page 3 September 1, 2010 Synopsis of Resolutions PZAB.1 FILE ID # 10-00956zt PZAB Recommendation Line Item Cross Ref. Check Box Section Modified Reason Detailed Explanation 31 Section 9.5.5 Minimum Number of Trees Correcting cross reference This corrects a section cross-reference within the Landscape Requirements Article. Replaces "9.5.5.2" with "9.5.5.b". See page 17. 32 Appendix A Neighborhood Conservation Districts Clarifying applicability of the NCD This will clarify that where conflicts exist between the Single-family regulations of the Miami 21 Code and the NCD-2 or NCD-3, the NCD regulations shall overrule. See pages 17 and 18. 33 Appendix C Midtown Overlay District Correcting definition of "mixed use" This will correct the definition of "mixed use" to be consistent with the final approved version of the Midtown overlay district from ZO 11000 and as approved by the City Commission. See page 19. Planning, Zoning and Appeals Board Page 4 September 1, 2010