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Home My WebLink AboutPZAB-Submittal Synopsis of ResolutionSynopsis 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 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 Clarify Density and Intensity calculations 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 Clarifying how to calculate off-street Standards 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. Planning, Zoning and Appeals Board Page 1 September 1, 2010 Synopsis of Resolutions PZAB.1 FILE ID # 10-00956zt Line Item Cross Ref. Check Box Section Modified Reason Detailed Explanation 11 Article 4, Table 3 Informing users of the code about Building Function: Uses 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. 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. 15 Section 5.3.2 Building Configuration Adding cross reference to FEMA (T3) 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 Correcting inconsistency in Setback Zones (T3) 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. Planning, Zoning and Appeals Board Page 2 September 1, 2010 Line Item Cross Ref. Check Box Section Modified Reason 19 Section 5.4.5, 5.5.5, 5.6.5 Architectural Standards (T4,T5,T6) Adding Cross li 20 Sec. 5.4.7, 5.5.7, 5.6.7, 5.9.7, 5.10.7 Ambient Standards (T4, T5, T6, D) J. Clarifying Inter Section 5.6.2 B21 (Tu6ijding Configuration Correcting type 22 2 4 Article 6, Table 13 Supplemental Regulations (D) Relocation of I section 23 Section 7.1.2.4, 7.1.2.5 Warrant, Waiver Correcting type 24 18 Section 7.1.2.5 Waiver Remove Waiv€ 25 Section 7.1.2.6 Exception Clarifying crite 26 Section 7.1.2.8 Amendment to Miami 21 Code Providing sum 1D1 Synopsis of Resolutions PZAB.1 FILE ID # 10-00956zt eference t Detailed Explanation 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. 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. graphical errors nguage to definitions graphical errors r #11 is for Exceptions ssional zoning changes to 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. 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. 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. This is removing the Waiver for required vehicular/service entries on mid -block lots from the Waiver list. See page 14. 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. 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. Planning, Zoning and Appeals Board Page 3 September 1, 2010 Line Item Cross Ref. Check Box Section Modified Reason 27 Section 7.1.3.4 Plan Approval Required for Warrants, Waivers, Exceptions and variances Clarify ty that can Administ 28 Section 7.1.4.5 Hearing Procedures Adding Ii Departm 29 Section 7.2.2 Structures and Uses in the Event of a Disaster Correctir 30 Section 8.1 General Description Removin 31 Section 9.5.5 Minimum Number of Trees Correctir 32 Appendix A Neighborhood Conservation Districts Clarifying 33 Appendix C Midtown Overlay District Correctir Synopsis of Resolutions PZAB.1 FILE ID # 10-00956zt Detailed Explanation pes of required documentation be requested by the Zoning rator or Planning Director This will clarify that traffic studies and any other documents relative to an application can be requested by the Zoning Administrator or Planning Director when reviewing Special Permit Applications. See page 16. �nguage requested by the Legal ent g typographical error As per Florida Statutes 286.0115, language is being added under the Hearings Procedures section. See page 16. 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. g easement requirement g cross reference applicability of the NCD g definition of "mixed use" 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. This corrects a section cross-reference within the Landscape Requirements Article. Replaces "9.5.5.2" with "9.5.5.b". See page 17. 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. 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 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.3 FILE ID # 10-00963zt Line Item Cross Ref. Check Box Section Modified Reason Detailed Explanation 1 3, 14 3.6.1 Off -Street Parking Standards To exclude Parking Management Areas from parking exemptions In order to establish equivalent regulations for Parking Management Areas, clarification is necessary to indicate that properties in these areas cannot be exempted from parking requirements. See page 3. 2 3.6.3 Additional Off-street Parkings Standards To provide regulations for storage of private boats Private pleasure water craft will be allowed to be parked on T3 and T4 properties. When exceeding 6 feet in height, water craft shall be set back 5 feet from any property line. Same provisions as ZO 11000. See pages 3 and 4. 3 1, 14 3.6.6 Parking Management Plan To establish payment -in -lieu of req. off-street parking process; revise parking ratios This will provide the same process of payment -in -lieu of providing off-street parking that was established in the former SD-2 and SD-8 zoning districts and will establish the equivalent parking ratios that were in these districts. See pages 4 -6. 4 10 Article 4, Table 4 Density, Intensity and Parking (T4, T5, T6, CS, CI, D1) To clarify parking requirements for Childcare facilities Clarification of parking requirements for Childcare facilities to be equivalent with ZO 11000. Miami 21 already had these requirements but were found in different sections of the code. See page 6 and Exhibit A. 5 Article 4, Table 4 Density, Intensity and Parking (T5, T6, D1, D2, D3) To modify parking requirements for self storage facilities Modification of parking requirements for public and commercial storage facilities to be consistent with the previous zoning ordinance. Allows a reduced parking ratio when exceeding 20,000 sq ft. See page 6 and Exhibit B. 6 13 Article 4, Table 5 Building Function: Parking and Loading To allow substitution of loading berths by 1 to 1 This amendment will allow substitution of larger loading berths for smaller ones on a 1 to 1 basis if the nature of the proposed use will not require the dimensions requested by the Code. This will be done through the Waiver process which is similar to the Class II process that allowed it previously. See page 7 and Exhibit C. 7 Sections 5.3.1, 5.4.1 Building Disposition (T3, T4) To establish regulations for accesory structures (sheds, pools, etc) Adding provisions to allow single -story accessory structures (sheds) and pools to be located within setback areas. Minimum of 5' setback required for all types and a 10' rear setback for sheds. See page 8. 8 13 Sections 5.3.2, 5.4.2 Building Configuration (T3, T4) To allow placement of mechanical equip. in setback areas for existing buildings This will allow existing buildings to place mechanical equipment within side and rear setbacks by Waiver when the existing placement of the structure does not allow the location elsewhere. See page 8 and 9. 9 Section 6.1 Intent and Exclusions To clarify how to use Article 6 Adding instructions on how to measure distance separation requirements and clarifying that blank cells within Table 13 indicate that a use is prohibited. See page 9. LANGUAGE TO BE CLARIFIED. 10 Article 6, Table 13 Supplemental Regulations (T4, T5, T6, CS, CI, CI -HD, D1) To modify childcare indoor and outdoor play area requirements Modification of minimum indoor and outdoor play areas for childcare facilities to be consistent with State of Florida requirements. See page 10 and Exhibit D. 11 Article 6, Table 13 Supplemental Regulations (T5, T6) To add distance separation requirements and process for Public Storage Facilities This amendment carries over the distance seperation requirements for storage facilities of 2,500 feet and requires a Warrant permit in T6 (already requires Warrant in T5). See page 10 and Exhibit E. Planning, Zoning and Appeals Board Page 5 September 1, 2010 Synopsis of Resolutions PZAB.3 FILE ID # 10-00963zt Line Item Cross Ref. Check Box Section Modified Reason Detailed Explanation 12 Article 6, Table 13 Supplemental Regulations (CI) To add distance separation requirements for Assisted Living Facilities This amendment carries over the distance seperation requirements for Assisted Living Facilities of 2,500 feet. See page 10 and Exhibit E. 13 6,8 Section 7.1.2.5 Waiver To incorporate new Waivers into the waiver list Adds Waivers for loading berth substitution and mechanical equipment encroachments to Waiver list. See page 11. TYPOGRAPHICAL CORRECTION NEEDED. 14 1,3 Section 7.2.8 Nonconforming Site Improvements To clarify Parking Management Areas may not be exempted from required Parking Due to Parking Management Areas having the ability to pay in -lieu of providing off-street parking, this amendment is clarifying that properties in these areas may not be exempted from providing parking, but should pay into the Trust Fund established for that area. See pages 11 and 12. Planning, Zoning and Appeals Board Page 6 September 1, 2010 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. Section Modified Reason Detailed Explanation PZAB.4 FILE ID # 10-00964zt Article 4, Table 4 Density, Intensity and Parking To modify parking requirements for Schools in all Zones Changing parking requirements for schools to be based on numbers of faculty and driving -age students rather than on square footage of use. This change is desired to require parking proportionate with the type of facility. Requirements based on square footage of use would be disproportionately high for an elementary school and low for a high school. Basing the requirements on the number of faculty and students will more adequately address the parking requirements for the given use and size of the facility. PZAB.6 FILE ID # 10-00968zt Sections 5.5.1 and 5.6.1 Building Disposition (T5,T6) To remove public easement requirements for cross block passages and to allow modifications of door spacing requirements by Waiver Removal of recorded public easement requirements for cross block passages. While the pedestrian and vehicular passages should remain open to the public, they would no longer require a recorded public easement. Maximum spacing between pedestrian entrances (75') can be modified by Waiver. This is necessary for projects that occupy larger lots or that contain larger retail spaces which are not capable of providing as frequent pedestrian entrances. FILE ID # 10-00969zt Section 6.3 Large Scale Retail Redefine Large Scale Retail as Large Scale Commercial, clarify processes and remove maximum size Redefinition of term to Large Scale Commercial to cover all types of commercial uses (i.e. Assembly or Recreational Facilities which may easily exceed 55K sq ft). Process will also be clarified to allow these establishments by right in D2, by Warrant in D1 and by Exception in T6. They will not be allowed in other Transect Zones. Additionally, the maximum size of 100k sq ft will be removed in order to allow the Exception and Warrant processes to determine the appropriate sizes. PZAB.8 FILE ID # 10-00970zt Sections 5.4.2, 5.5.2, 5.6.2 Building Configuration (T4, T5, T6) To clarify extensions above maximum height Clarification of extensions above maximum height for stairs, elevators, mechanical equipment and ornamental purposes. This amendment would limit extensions generally to 10' unless approved by Waiver (includes notice to abutting property owners). PZAB.9 T FILE ID # 10-00971zt Section 6.5.1.5 General Requirements (Signs) To provide regulations for freestanding signs and painted wall signs Whereas many of the Special Districts under former ZO 11000 specifically restricted freestanding and painted wall signs, additional regulations will require a Warrant for these types of signs along commercial corridors and will restrict them in the downtown and Brickell areas. These types of signs would be allowed by right in Districts. Also adds sign regulations for D3 and Cl- HD. Planning, Zoning and Appeals Board Page 7 September 1, 2010