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Home My WebLink AboutPZAB LegislationCity of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10-00968zt Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.13114, THE MIAMI 21 CODE, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 5. SPECIFIC TO ZONES, BY MODIFYING SECTION 5.5.1 BUILDING DISPOSITION (T5), AND SECTION 5.6.1 BUILDING DISPOSITION (T6), BY ALLOWING DOOR SPACING REQUIREMENTS TO BE MODIFIED BY WAIVER AND BY REMOVING PUBLIC EASEMENT REQUIREMENTS FOR CROSS BLOCK PASSAGES; AND BY MODIFYING SECTION 7.1.2.5 WAIVER, INCORPORATING SAID REQUIREMENTS FOR DOOR SPACING INTO THE WAIVERS LIST; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Carlos A. Migoya, City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow door spacing requirements to be modified by process of Waiver and will remove public easement requirements when providing cross block passages in T5 and T6 Transect Zones. WHEREAS, the Miami Planning Zoning and Appeals (PZAB) considered this item at its September 1st, 2010 meeting, Item No. PZAB._, adopting Resolution No. PZAB by a vote of _ to _ (_ _), and has recommended the adoption of this item to the City of Miami City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ord. 13114; 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 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, the Zoning Ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: City of Miami Page 1 of 4 File Id: 10-00968zt (Version: 1) Printed On: 8/20/2010 File Number: 10-00968zf 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. Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 5 and Article 7 in the following particulars {2}: I1* 5.5.1 Building Disposition (T5) * * f. At the first Story, Facades along a Frontage Line shall have frequent doors and windows; pedestrian entrances shall occur at a maximum spacing of seventy-five (75) feet. -and Vvehicular entries shall occur at a minimum spacing of sixty (60) feet, unless approved by Waiver. * * h. For sites with three hundred and forty (340) feet Frontage length or more, a cross -block passage shall be provided as follows: If the Frontage Line of a site is at any point more than three hundred and forty (340) feet from a Thoroughfare intersection, the Building shall provide a cross Block Pedestrian Passage as a public easement. If the Frontage Line of a site is at any point six hundred and fifty (650) feet from a Thoroughfare intersection, a vehicular cross Block passage shall be provided as a public casement. 5.6.1. Building Disposition (T6) * * * f. At the first Story, Facades along a Frontage Line shall have frequent doors and windows; pedestrian entrances shall occur at a maximum spacing of seventy five (75) feet. -and Vvehicular entries shall occur at a minimum spacing of sixty (60) feet,, unless approved by Waiver. * * * For sites with three hundred and forty (340) feet Frontage length or more, a cross -Block passage shall be provided as follows: If the Frontage Line of a site is at any point more than three hundred and forty (340) feet from a Thoroughfare intersection, the Building shall provide a cross -Block Pedestrian Passage as a recorded public Casement. If the Frontage Line of a site is at any point six hundred and fifty (650) feet from a Thoroughfare intersection, a vehicular cross -Block passage shall be provided as a recorded public Easement. Such a cross -Block Pedestrian Passages may be covered above the first floor by a maximum of twenty-five percent (25%) of its length with Structures connecting Buildings, such as a terrace, pedestrian bridge or vehicular bridge. In T6-36, T6-48, T6-60 City of Miami Page 2 of 4 File Id: 10-00968zt (Version: 1) Printed On: 8/20/2010 File Number: 10-00968zt and T6-80 a Pedestrian Passage may be roofed and shall be lined with frequent doors and windows. ARTICLE 7. PROCEDURES AND NONCONFORMITIES 7.1.2.5 Waiver The Waiver permits specified minor deviations from the Miami 21 Code, as provided in the various articles of this Code and as consistent with the guiding principles of this Code. Waivers are intended to relieve practical difficulties in complying with the strict requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow circumventing of the intent of this Code. A Waiver may not be granted if it conflicts with the City Code or the Florida Building Code. a. Specific Waivers are described in the various articles of this Code, and are referenced here only for convenience. The specific parameters of each Waiver are further described in the articles in which each Waiver appears in this Code. * -1-213. Pedestrian and Vvehicular entryies spacing le.s than sixty (60) feet. (Article 5, Section 5.5.1.f 5.5.4.e, 5.6.1.f and 5.6.4.g). * 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 a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. 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 Miami, Florida, which provisions may be renumbered or reentered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective upon adoption. {2} Footnotes: City of Miami Page 3 of 4 File Id: 10-00968zt (Version: 1) Printed On: 8/20/2010 File Number: 10-00968zt {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. {2} This Ordinance shall become effective as specified herein 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 or upon the effective date stated herein, whichever is later. City of Miami Page 4 of 4 File Id: 10-00968zt (Version: 1) Printed On: 8/20/2010