HomeMy WebLinkAboutCC Legislation (Version 2)City of Miami
Legislation
Ordinance
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3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 09-00022zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLES 4 AND 9, SECTION 401, ENTITLED
"SCHEDULE OF DISTRICT REGULATIONS" AND SECTION 934, ENTITLED
"COMMUNITY RESIDENTIAL HOMES AND COMMUNITY BASED RESIDENTIAL
FACILITIES", IN ORDER TO ADD TRANSITIONAL HOUSING AS A CONDITIONAL
PRINCIPAL USE FOR R-3 AND MORE LIBERAL DISTRICTS, SUBJECT TO
CERTAIN LIMITATIONS, PROVIDING FOR SPECIAL PERMIT REQUIREMENTS
AND CRITERIA; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of January 21, 2009, Item No.
P.1 following an advertised hearing, adopted Resolution No. PAB-09-003, by a vote of eight to zero
(8-0), recommending APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth;
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 inhabitants to amend
Ordinance 11000 as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and finding contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance, No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, is amended in the following particulars:{1}
"ARTICLE 4 ZONING DISTRICTS
Sec. 401. Schedule of district regulations.
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R-3 Multifamily Medium -Density Residential.
*
Conditional Principal Uses:
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Conditional principal uses shall be by Special Permit only and subject to the applicable criteria
in Section 1305, and any other applicable criteria specified in this ordinance.
Same as for R-2 Two -Family Residential, and in addition:
1. Community based residential facilities, with more than fourteen (14) to a maximum of fifty
(50) clients, permitted only by Special Exception with City Commission approval, subject to the
requirements and limitations of Section 934.
2. Convalescent homes, and nursing homes, permitted only by Special Exception with City
Commission approval. Said uses shall be implemented at a minimum distance of one thousand
two hundred (1,200) feet from one another if their capacity is Tess than or equal to fourteen (14)
persons and at a minimum distance of two thousand five hundred (2,500) feet from one
another if their capacity is greater than fourteen (14) persons. Said distance shall be measured
in a radial fashion from the boundary line of the property wherein such a use is in existence.
3. Rooming or lodging houses by Special Exception only.
4. Health clinics by Special Exception with City Commission approval; provided that in that R-3
district along Brickell Avenue bounded by Southeast 26th Road and Southeast 15th Road, said
health clinics shall be instituted subject to the following conditions:
a. There shall be only one (1) licensed practitioner in the clinic and in addition, medical
and clerical staff not to exceed three (3) persons in number.
b. They shall be allowed only as adaptive reuses of existing single family residential
structures (as of February 27, 1997) within the district and are expressly prohibited within
duplex and multifamily residential structures.
c. Parking shall be provided on -site at the rate of one (1) parking space per two hundred
fifty (250) square feet of gross floor area.
5. Additional limitations on usage of bonus floor area ratio: Within the R-3 district located
along Brickell Avenue, bounded by Southeast 26th Road and Southeast 15th Road, all
additional increases in floor area that are obtained pursuant to Articles 5 and 9 of this zoning
ordinance shall conform with the following limitations:
a. For development bonuses obtained pursuant to Article 5 (Planned Unit Development),
an enhanced level of public benefit and amenities shall be provided in order to obtain
approval of a PUD designation; such public benefit shall be in the form of publicly
accessible open space and/or an enhanced design that ensures all required parking is
screened from street view by provision of liner uses; liner uses are usable active space
within the building envelope; such uses shall have a minimum depth of fifteen (15) feet.
Liners are required on each floor with parking behind, up to the maximum garage height.
Liners may only be interrupted by required access points to the parking/service areas in the
rear of the building. Liners are also desirable along all other street frontages.
b. For development bonuses obtained pursuant to Article 9 (increased development
bonuses for contribution to the Affordable Housing Trust Fund) all bonus square footage
(i.e. any square footage that is an increase due to bonuses obtained in exchange for
affordable housing trust fund contribution) shall be utilized for increases in unit sizes as
follows: one bedroom units shall be a minimum of nine hundred (900) square feet in size;
two -bedroom units shall be a minimum of one thousand two hundred (1,200) square feet in
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size, and 3-bedroom units shall be a minimum of one thousand five hundred (1,500) square
feet in size. All other units may be developed at any size, subject to compliance with
applicable building regulations.
6. Transitional Housing by Special Exception only subiect to the limitations in Section 934 for
Transitional Housing.
*II
"ARTICLE 9 GENERAL AND SUPPLEMENTARY REGULATIONS
*
Sec. 934. Community Residential Homes, and Community based residential facilities and Transitional
Housing.
Community Residential Homes and Community based residential facilities shall be subject to
the following zoning requirements and limitations:
934.1. Definitions.
934.1.1. Community Residential Home, generally. A Community Residential Home is a
dwelling unit licensed to serve clients of the Department of Children and Family
Services, which provides a living environment for seven (7) to fourteen (14) unrelated
residents who operate as the functional equivalent of a family, including such
supervision and care by supportive staff as may be necessary to meet the physical,
emotional and social needs of the residents, as defined in Florida Statutes § 419.001,
as amended from time to time.
934.1.2 Community based residential facility, generally. A community based residential
facility provides room (with or without board), resident services, and twenty-four (24)
hour supervision. Such facilities include residential facilities for alcohol and drug
rehabilitation and juvenile and adult residential correctional facilities, including halfway
houses, as licensed or approved by an authorized regulatory agency.
934.1.3. Transitional Housing. A housing program, not requiring a state license, which
offers room and board and resident services for a period not to exceed 24 months but
does not allow a single night stay for persons without resources such as a rescue
mission would do. A Transitional Housing program serves as a resource center with
support services as transitional housing for persons in need of such services. Such
facilities may not include drug or alcohol treatment on site. Transitional Housing
facilities may include, but not be limited to the following services: communal meals,
distribution of clothing, individual and group counseling, life skill training, social service
and resource coordination and referrals, employment readiness training and placement
assistance, maternity and infant services and support, medical care (including onsite
clinic with referrals to community resources), enrichment programs (including art,
music, dance, etc) permanent housing placement assistance, transportation, and
outreach and follow up services. Ancillary structures required to support these
functions will be considered accessory to this use.
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93,1.1. Variances prohibited.
934.4. Transitional Housing.
Transitional housing as defined herein shall only be permitted by Special permit within areas of the
city designated as Community Revitalization Districts or Community Redevelopment Areas.
934.4.1. Special Permit required. Unless otherwise specifically permitted, all proposed
Transitional Housing facilities are permissible only by Special Exception Permit,
subject to the criteria, requirements and limitations set forth in this section below.
934.4.2. Distance limitations.
No transitional housing facility shall be located within a distance of 2500 feet from any
other transitional housing facility. This distance shall be measured from the nearest
point of the property for one facility to the nearest point of the property for the other
facility.
934.4.3. Recreation open space. Recreation open space shall as follows:
A minimum of 1500 square feet shall be provided for the first 50 residents and an
additional 500 square feet shall be provided for each additional 50 residents.
All such recreation space shall be appropriately landscaped and buffered for the
comfort, convenience and enjoyment of the residents with due consideration for
adjacent properties.
934.4.4. Yards for facilities with more than fifty occupants. The rear and interior or side
yards of facilities with more than fifty (50) occupants shall be screened with a solid
textured wall, fence or compact hedge with a minimum height of five (5) feet.
934.4.5. Interior space. Unless occupants are related by blood or marriage, or below
the age of six (6), occupancy shall be limited to one (1) person per bedroom, except
that, where rooms exceed 100 square feet in area, occupancy may be two (2) persons
per bedroom.
934.4.6. Offstreet parking and loading.
For existing multifamily residential buildings which are converted into Transitional
housing, no new parking shall be required.
For new Transitional housing facilities, one (1) offstreet parking space for each staff
member and one (1) offstreet parking space for each ten (10) residents shall be
provided. A reduction in required occupant offstreet parking shall be permissible as
part of the Special Exception, provided findings are made that clearly show such
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reduction is reasonable based on such factors as facility proximity to mass transit,
location of occupant employment area, occupant auto ownership, facility visitation
policy, and the like. No loading shall be required.
934.4.7. Limitations on signs. One wall sign not to exceed 3 square feet in area.
934.5. Variances prohibited.
No variances from the provisions of section 934 are permitted.
*
Section 3. If any section, part of section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days after approval at second
reading, 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.{2}
APPROVED AS TO FORM AND CORRECTNESS:
JULIE O. BRU
CITY ATTORNEY
Footnotes:
{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.
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