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Home My WebLink AboutO-14306City of Miami Ordinance 14306 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16173 Final Action Date: 9/12/2024 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 4, TABLES 3 AND 4; AND BY AMENDING ARTICLE 5, ILLUSTRATION 5.3 TO CLARIFY THE BUILDABLE UNITS WITHIN "T3-O," SUB -URBAN TRANSECT ZONE - OPEN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Miguel Angel Gabela WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, the Miami 21 Code establishes the minimum Lot Area of "T3-O," Sub -Urban Transect Zone — Open, as 5,000 square feet in the City of Miami ("City"); and WHEREAS, Article 4 of the Miami 21 Code further sets the density for the "T3-O," Sub - Urban Transect Zone — Open, property at eighteen (18) dwelling units per acre; and WHEREAS, the allowable density for "T3-O," Sub -Urban Transect Zone — Open, creates unintended issues that do not allow legal nonconforming substandard lots below 5,000 square feet to contain a duplex as intended; and WHEREAS, such density calculation results in needing 4,840 square feet of Lot Area to permit two (2) dwelling units to be constructed as opposed to one (1); and WHEREAS, some Lots zoned "T3-O," Sub -Urban Transect Zone — Open, are substandard in size as they were platted many decades ago in a manner lawful at the time but with an area below the 5,000 square foot Lot Area minimum or met such minimum Lot Size but were lawfully diminished by required dedications of land to the City for street widening and/or providing rounded corner radii pursuant to the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, in order to alleviate the City's present housing shortage and permit property owners to develop two (2) dwelling units on a legal nonconforming substandard lot zoned "T3- 0," Sub -Urban Transect Zone — Open, instead of one (1) dwelling unit, the City Commission wishes to provide flexibility in terms of calculating density for these sites; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 18, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-041 by a vote of seven to zero (7-0), Item No. PZAB.11, recommending approval as amended of the proposed zoning text amendment; and City of Miami Page 1 of 5 File ID: 16173 (Revision: B) Printed On: 9/30/2024 File ID: 16173 Enactment Number: 14306 WHEREAS, consideration has been given to the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; and WHEREAS, consideration has been given to the relationship of the proposed text amendment to the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Article 4, Table 3 of the Miami 21 Code is hereby amended in the following particulars.' "ARTICLE 4. STANDARDS AND TABLES TABLE 3. BUILDING FUNCTIONS: USES T31 l IT4 I I IT51 T6 IC I D R L O R L 0 R L 0 R L O CS CI Hp D1 D2 D3 SUB- URBAN URBAN GENERAL URBAN CENTER URBAN CORE CIVIC DISTRICTS DENSITY (UNIT PER ACRE) 9 9 18* 36 36 36 65 65 65 150* 150* 150* N/A AZ** 150* 36 AZ**** AZ**** RESIDENTIAL CO -LIVING R*** R*** R*** R*** R*** R*** R*** SINGLE FAMILY RESIDENCE RRRRRRRR R R RR COMMUNITY RESIDENCE RRRRRRRR R R RR R ANCILLARY UNIT R R R R TWO FAMILY RESIDENCE RRRRRR R RRR MULTI FAMILY HOUSING RRRRR R RRR R DORMITORY E E R R R R E R HOME OFFICE RRRRRRRR R R RR R 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 an unchanged material. City of Miami Page 2 of 5 File ID: 16173 (Revision: B) Printed on: 9/30/2024 File ID: 16173 Enactment Number: 14306 T3 T4 T5 T6 LIVE — WORK WORK — LIVE * Additional densities in some T6 zones are illustrated in Diagram 9 and densities in T3-O zones may be modified by specific regulations in Article 5. ** AZ: Density of lowest Abutting Zone *** By Right only in the UCBD, Civic Health District, NRD-1 and NRD-2. ***Hotel Uses only allowed by Warrant in D1 for properties identified in Appendix PA-1 of the Miami Comprehensive Neighborhood Plan and located on the north side of the Lower River. See Article 6, Table 13 for supplemental regulations. ****AZ: Density of lowest Abutting Zone nearest to the subject property not to exceed 65 du/acre. ***** Educational Uses may be allowed By -Right if the requirements are met in Article 6, titled Supplemental Regulations" * *„ Section 3. Article 4, Table 4 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 4. STANDARDS AND TABLES TABLE 4 DENSITY, INTENSITY AND PARKING TABLE 4 DENSITY, INTENSITY AND PARKING (T3) RESTRICTED DENSITY (UPA) 9 UNITS PER ACRE LIMITED 9 UNITS PER ACRE OPEN 18 UNITS PER ACRE* City of Miami Page 3 of 5 File ID: 16173 (Revision: B) Printed on: 9/30/2024 File ID: 16173 Enactment Number: 14306 RESIDENTIAL Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces per principal Dwelling Unit. • Adult Family -Care Homes - Minimum of 1 parking space per staff member and 1 space per 4 residents. • Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the principal Dwelling Unit. Residential Uses are permissible as listed in Table 3, limited by compliance with: • All Dwelling Units shall be under single ownership • Minimum of 2 parking spaces per principal Dwelling Unit. • Minimum of 1 parking space per Ancillary Dwelling Unit. • Adult Family -Care Homes - Minimum of 1 parking space per staff member and 1 space per 4 residents. • Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the Dwelling Units. *Densities may be modified by specific regulations in Article 5. * *„ Residential Uses are permissible as listed in Table 3, limited by compliance with: • Minimum of 2 parking spaces per principal Dwelling Unit. • Adult Family -Care Homes - Minimum of 1 parking space per staff member and 1 space per 4 residents. • Community Residence - Minimum of 1 parking space per staff member in addition to the parking required for the Dwelling Units. Section 4. Article 5, Illustration 5.3 of the Miami 21 Code is hereby amended in the following particulars:1 "ARTICLE 5. SPECIFIC TO ZONES ILLUSTRATION 5.3 SUB -URBAN TRANSECT ZONES (T3) BUILDING DISPOSITION LOT OCCUPATION a. Lot Area b. Lot Width r. Lot Coverage d. Floor Lot Ratio (FLR) e. Frontage at front Setback f. Green Space 50% max. first floor 30% max. second floor (T3-R & T3-L only) N/A N/A 25% Lot Area min. g. Density T3-R = 9 du/ac max. T3-L = 9 du/ac max. T3-O = 18 du/ac max.* BUILDING PLACEMENT ♦ Comer Lot Interior Lot 10' min. 20' min. Ei 20'min.► R5' min. 1st 2nd Layer Layer 3rd LaYer lst Layer 2ader3rd City of Miami Page 4 of 5 File ID: 16173 (Revision: B) Printed on: 9/30/2024 File ID: 16173 Enactment Number: 14306 *Two (2) units may be built on a single lot, or up to eighteen (18) dwelling units per acre not to exceed two (2) units, whichever is greater. *11 Section 5. 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 6. It is the intention that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or re -lettered and that the word "Ordinance" may be changed to "Section," "Article," or other appropriate word to accomplish such intention. Section 7. In accordance with Section 163.3184, Florida Statutes, this Ordinance is contingent upon the companion comprehensive plan amendment becoming effective under Ordinance No. 14305, which is effective 31 days after the state land planning agency notifies the local government that the plan amendment package is complete; and, if timely challenged, an amendment does not become effective until the state land planning agency or the Administration Commission enters a final order determining the adopted amendment to be in compliance.2 APPROVED AS TO FORM AND CORRECTNESS: rge = . Wy y ng I lf, C ty ttor -y 9/25/2024 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 5 of 5 File ID: 16173 (Revision: B) Printed on: 9/30/2024