HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14306
Title: 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.
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami
PURPOSE: Amendments to Legislation pertaining to Miami 21, Article 4 "General
to Zones" and Article 5 "Specific to Zones" to modify the allowable number of units
on a single lot within "T3-O" - Sub Urban Zone — Open.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On June 18, 2024, recommended approval, by
a vote of 7-0.
City of Miami File ID: 16173 (Revision: B) Printed On: 9/30/2024
City of Miami
Legislation
Ordinance
Enactment Number:14306
City Hall
3500 Pan Ameican 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.
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 File ID: 16173 (Revision: B) Printed On: 9/30/2024
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
T3
T4
T5
T6
R
I
�C
D
RLORLORL 0
L
O
CS CI
Hp
D1
D2
D3
SUB-
URBAN
URBAN
GENERAL
36
URBAN
CENTER
65
URBAN
150*
CORE CIVIC
DISTRICTS
DENSITY (UNIT
PER ACRE)
9
9
18*
36
36
65
65
150*
150*
N/A
AZ**
150*
36
AZ**''
AZ****
RESIDENTIAL
CO -LIVING
R***
R***
R***
R***
R***
R***
R***
SINGLE FAMILY
RESIDENCE
RRRRRRRR
R
RRR
COMMUNITY
RESIDENCE
RRRRRRRR
R
RRR
R
ANCILLARY UNIT
R
R
R
R
TWO FAMILY
RESIDENCE
RRRRRR
R
R
RR
MULTI FAMILY
HOUSING
RRRRR
R
R
RR
R
DORMITORY
E
E
R
R
R
R
E
R
HOME OFFICE
RRRRRRRR
R
RRR
R
LIVE — WORK
R
R
R
R
R
R
R
WORK — LIVE
R
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
File ID: 16173 (Revision: B) Printed On: 9/30/2024
* 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)
DENSITY
(UPA)
RESTRICTED LIMITED
OPEN
9 UNITS PER ACRE • UNITS PER ACRE
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.
RESIDENTIAL
• Community Residence - Minimum
of 1 parking space per staff
member in addition to the parking
required for the principal Dwelling
Unit.
18 UNITS PER ACRE*
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.
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 -
• Adult Family -Care Homes - Minimum of 1 parking space per
Minimum of 1 parking space per staff member in addition to the
staff member and 1 space per 4 parking required for the
residents. Dwelling Units.
• 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.
*
*„
City of Miami File ID: 16173 (Revision: B) Printed On: 9/30/2024
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
BUILDING PLACEMENT
a. Lot Area
5,000 s.f.min.
b. Lot Width
50 ft min.
nc. Lot Coverage
50% max. first floor
30% max. second floor
(T3-R & T3-L only)
d. Floor Lot Ratio
(FLR)
N/A
♦
Comer Lot
Interior Lot
e. Frontage at front
Setback
f. Green Space
g. Density
N/A
25% Lot Area min.
T3-R = 9 du/ac max.
T3-L = 9 du/ac max.
T3-O = 18 du/ac max.*
Sewndaty_Front .—.—.—.—.—.—._
10' min.
w
Ei
20' min.
N. 5' min.
4v,ti
20' min.
1st 2nd 3rd
Layer Layer Layer
lst
Layer
2nd & 3rd
Layer
*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
City of Miami File ID: 16173 (Revision: B) Printed On: 9/30/2024
Administration Commission enters a final order determining the adopted amendment to be in
compliance.2
APPROVED AS TO FORM AND CORRECTNESS:
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 File ID: 16173 (Revision: B) Printed On: 9/30/2024