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Home My WebLink AboutPZAB ResoMiami Planning, Zoning and Appeals Board Resolution: PZAB-R-10-024 File ID 10-00963zt September 1, 2010 Item PZAB.3 Mr. Patrick Goggins 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 AMENDING ARTICLE 3. GENERAL TO ZONES, ARTICLE 4. STANDARDS AND TABLES, ARTICLE 5. SPECIFIC TO ZONES, ARTICLE 6. SUPPLEMENTAL REGULATIONS, AND ARTICLE 7. PROCEDURES AND NONCONFORMITIES, TO ESTABLISH EQUIVALENT REGULATIONS AND REQUIREMENTS FROM FORMER ZONING ORDINANCE 11000, AND PLACE THEM IN THE MIAMI 21 CODE, MORE SPECIFICALLY BY MODIFYING SECTION 3.6.1 OFF-STREET PARKING STANDARDS, BY EXCLUDING PARKING TRUST FUND FROM PARKING REDUCTIONS OR EXEMPTIONS FOR ADAPTIVE REUSE; BY AMENDING SECTION 3.6.6 PARKING MANAGEMENT PLAN, TO INCLUDE PROVISIONS FOR PAYMENT IN LIEU OF REQUIRED OFF-STREET PARKING AND MODIFYING PARKING REQUIREMENTS FOR AREAS UNDER A PARKING MANAGEMENT PLAN; BY MODIFYING TABLE 4 DENSITY, INTENSITY AND PARKING, ESTABLISHING ADDITIONAL PARKING REGULATIONS FOR CHILDCARE IN T4, T5, T6, CIVIC INSTITUTION, CIVIC SPACE, AND D1 ZONES AND MODIFYING REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES IN T5, T6, AND DISTRICT(D) ZONES; BY AMENDING TABLE 5. BUILDING FUNCTION: PARKING AND LOADING, ADDING CONDITIONS FOR LOADING BERTH SUBSTITUTION; BY AMENDING SECTION 5.3.1 BUILDING DISPOSITION (T3), SECTION 5.3.2 BUILDING CONFIGURATION (T3), SECTION 5.4.1 BUILDING DISPOSITION (T4) AND SECTION 5.4.2 BUILDING CONFIGURATION (T4), ESTABLISHING CONDITIONS AND REQUIREMENTS FOR ACCESSORY STRUCTURES, PERMANENT POOLS AND WHIRLPOOLS, TENNIS COURTS, AND SIMILAR FACILITIES, MECHANICAL EQUIPMENT, AND OTHER SIMILAR EQUIPMENT IN T3 AND T4 ZONES; BY AMENDING SECTION 6.1 INTENT AND EXCLUSIONS, CLARIFYING HOW TO MEASURE DISTANCE SEPARATION REQUIREMENTS; BY MODIFYING TABLE 13 SUPPLEMENTAL REGULATIONS, TO ESTABLISH CONDITIONS TO MEET THE STATE OF FLORIDA REQUIREMENTS FOR CHILDCARE FACILITIES IN T4, T5, T6, CIVIC, AND D1 ZONES; AND MODIFYING REQUIREMENTS FOR PUBLIC AND COMMERCIAL STORAGE FACILITIES TO REQUIRE A WARRANT AND DISTANCE SEPARATION REQUIREMENTS FOR T5 AND T6 ZONES; AND BY ADDING DISTANCE SEPARATION REQUIREMENTS FOR ASSISTED LIVING FACILITIES IN THE CIVIC INSTITUTION ZONE; BY MODIFYING SECTION 7.1.2.5 WAIVER, INCORPORATING SAID REQUIREMENTS FOR ACCESSORY STRUCTURES, MECHANICAL EQUIPMENT, AND LOADING BERTH SUBSTITUTION INTO THE WAIVERS LIST; BY MODIFYING SECTION 7.2.8 NONCONFORMING SITE IMPROVEMENTS, EXCLUDING PARKING MANAGEMENT PLAN AREAS FROM PARKING EXEMPTIONS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. THIS TEXT AMENDMENT WAS RECOMMENDED FOR APPROVAL WITH THE FOLLOWING MODIFICATION: CONTINUING ITEM 2 FROM THE "SYNOPSIS OF RESOLUTIONS" (HEREBY ATTACHED) TO THE NEXT PZAB HEARING OF SEPTEMBER 15, 2010. Upon being seconded by Mr. Michael Schiff, the motion was passed and adopted by a vote of 6-1: Mr. Ron Cordon Mr. Charles A. Garavaglia Mr. Patrick Goggins Ms. Maria Beatriz Gutierrez Mr. Lazaro Lopez Mr. Ernest Martin Mr. Daniel Milian Mr. Guillermo Revuelta Mr. Michael Schiff Ms. Janice Tarbert STATE OF FLORIDA COUNTY OF MIAMI-DADE Absent Yes Yes Absent Absent Yes No Yes Yes Yes Francisco arcia, Director Plannin• Department 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 IJ DAY OF& fife' , 2010. ,xfra y� Print Notary Name Notary ub is tate of Florida Personally know '� or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath ✓ My Commission Expires: eCt Notary Public State of Florida r Sandra Forges v My Commission DD859677 14or AP" Expires 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.3 FILE ID # 10-00963zt Line Item Cross Ref. Check Box Section Modified Reason Detailed Explanation PZAB Recommendation 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. Removed from legislation so it can be considered as separate legislation 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. 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 PZAB Recommendation 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. 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