HomeMy WebLinkAboutLegislation-SUBTHIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP
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City of Miami
Legislation
Ordinance
Enactment Number
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 16173
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
c.I ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
co MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY AMENDING
c3 ARTICLE 4, TABLES 3 AND 4; AND ARTICLE 5, ILLUSTRATION 5.3 TO
CLARIFY THE BUILDABLE UNITS WITHIN "T3-0," SUB -URBAN
Q`" TRANSECT ZONE - OPEN; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
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- 044 by a
vote of seven to zero (7 - 0), Item No. PZAB. 15, recommending approval as amended of the
zoning text amendment; and
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, Article 4 of the Miami 21 Code establishes the minimum Lot Area of "T3-O,"
Sub -Urban Transect Zone — Open, as 5,000 square feet; 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 "T3-0," 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;
and
WHEREAS, in order to alleviate the City's present housing shortage and permit property
owners to develop two (2) dwelling units on a Lot zoned "T3-O," 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
City of Miami File ID: 16173 (Revision:) Printed On: 6/17/2024
16173 Legislation -SUB
THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP
ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT.
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
:Ti4
T5(
T6 IC I
D
-
O
O I
Ral a
HD D1 D2 D3
DENSITY (UNIT
PER ACRE)
RESIDENTIAL
CO -LIVING
SUB
9
18*
URBAN
GENERAL
36
36
36
URBAN
CENTER
65
65
R***
65
R***
URBAN
150*
R***
CORE
15Q*
IR***
150*
R***'
CIVIC
NIA
AZ**
150*
R***
DISTRICTS
36
RW**
AZ****
_. .-,.
AZ**
_
SINGLE FAMILY
RESIDENCE
R
R
R
R
R
R
R
R
R
R
R
R
COMMUNITY
RESIDENCE
R
R
RRRRR
I
R
I
R IR
R
R
ANCILLARY UNIT
R
R
R
R
I
TWO FAMILY
RESIDENCE
RR
RRRR
R
R ER
R
MULTI FAMILY
HOUSING
DORMITORY
RRRR
R
—
R
E
R
R
R
E
R
R
R
RR
R
R
R
R
R
R
- —
R
R IR
IR
R IR
R
R
R
—
E
R
R
R
R
—
HOME OFFICE
- —
LIVE — WORK
IR
R
R
R
WORK - LIVE
—
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:) Printed On: 6/17/2024
THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP
ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT.
* Additional densities in some T6 zones are illustrated in Diagram 9 and densities in T3-0 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 Di 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"
ram.
Section 3. Article 4, Table 4 of the Miami 21 Code is hereby amended in the following=F:
particulars:1
"ARTICLE 4. STANDARDS AND TABLES
TABLE 4 DENSITY, INTENSITY AND PARKING
TABLE 4 DENSITY, INTENSITY AND PARKING (T3)
RESTRICTED LIMITED
DENSITY
(UPA)
9 UNITS PER ACRE
) UNITS PER ACRE
Co
OPEN
18 UNITS PER ACRE"
Residential Uses are permissible as Residential Uses are Residential Uses are
listed in Table 3, limited by permissible as listed in Table 3, permissible as listed in Table 3,
compliance with: limited by compliance with: limited by compliance with:
• Minimum of 2 parking spaces per • All Dwelling Units shall be • Minimum of 2 parking spaces
principal Dwelling Unit. under single ownership per principal Dwelling Unit.
• Adult Family -Care Homes - • Minimum of 2 parking spaces • Adult Family -Care Homes -
Minimum of 1 parking space per per principal Dwelling Unit. Minimum of 1 parking space per
staff member and 1 space per 4 staff member and 1 space per 4
residents. • Minimum of 1 parking space residents.
RESIDENTIAL per Ancillary Dwelling Unit.
• Community Residence - Minimum • Community Residence -
of 1 parking space per staff • Adult Family -Care Homes - Minimum of 1 parking space per
member in addition to the parking Minimum of 1 parking space per staff member in addition to the
required for the principal Dwelling staff member and 1 space per 4 parking required for the
Unit. 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:) Printed On: 6/17/2024
Frt
e
THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP
ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT.
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
5,000 s.f.min.
50 ft min.
c. Lot Coverage
50% max. first floor
30% max. second floor
(T3-R & T3-L only)
d. Floor Lot Ratio
(FLR)
e. Frontage at front
Setback
f. Green Space
g. Density
N/A
N/A
25% Lot Area min.
T3-R = 9 du/ac max.
T3-L = 9 du/ac max.
T3-0 = 18 du/ac max.*
BUILDING PLACEMENT
Comer Lot
�� Seoonda�FroM ,_•-•-.-•-.-.- -.
10' min.
t0-4
1
Ti---1
Interior Lot 1 li
I it
Ei
20' min.
1st 2nd
Layer Layer
3rd
LaYer
*Up to o maximum of Two (2) units may be built on a single lot, or up to 18 dwelling
units per acre not to exceed two (2) units, whichever is greater.
*11
•
Layer
2nd & 3rd
Layer
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 should 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. This Ordinance shall become effective ten (10) days upon adoption
thereof.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:) Printed On: 6/17/2024
permit two (2) dwellin
Sub -Urban Transect Zone — Open, as 5,0
City of Miami
Legislation
Ordinance
Enactment Number
I SUBSTITUTED
City Hall
3500 Pan Ameican Driv
Miami, FL 33133
www.miamigov.co
File Number: 16173 Final Acti. Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND!
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF TH ITY OF
MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY A NDING
ARTICLE 4, TABLES 3 AND 4; AND ARTICLE 5, ILLUST ION 5.3 TO
CLARIFY THE BUILDABLE UNITS WITHIN "T3-O," SUB 4RBAN
TRANSECT ZONE - OPEN; MAKING FINDINGS; CON 'AINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR A FFECTIVE DATE.
WHEREAS, the Planning, Zoning and Appeals Board
, 20, following an advertised public heari
_- by a vote of to ( - j, Item No. P
of the zoning text amendment; and
WHEREAS, on October 22, 2009, Ordinanc
Ordinance of the City of Miami, Florida, which ha
Code"); and
ZAB"), at its meeting on
, adopted Resolution No. PZAB-R-
B. , recommending
o. 13114 was adopted as the Zoning
een amended from time to time ("Miami 21
WHEREAS, Article 4 of the Miami 2 ode establishes the minimum Lot Area of "T3-O,"
square feet; and
WHEREAS, Article 4 of the Mi i 21 Code further sets the density for the "T3-O," Sub -
Urban Transect Zone — Open, prop y at eighteen (18) dwelling units per acre; and
WHEREAS, the allowab density for "T3-O," Sub -Urban Transect Zone — Open, creates
unintended issues that do no : low legal nonconforming substandard lots below 5,000 square
feet to contain a duplex as i- ended; and
WHEREAS, suc, density calculation results in needing 4,840 square feet of Lot Area to
nits to be constructed as opposed to one (1); and
WHEREA', some Lots zoned "T3-O," Sub -Urban Transect Zone — Open, are
substandard in - e as they were platted many decades ago in a manner lawful at the time but
with an area . ow the 5,000 square foot Lot Area minimum or met such minimum Lot Size but
were lawful diminished by required dedications of land to the City for street widening and/or
providing .unded corner radii pursuant to the Code of the City of Miami, Florida, as amended;
and
WHEREAS, in order to alleviate the City's present housing shortage and permit property
o ers to develop two (2) dwelling units on a Lot zoned "T3-O," Sub -Urban Transect Zone —
pen, instead of one (1) dwelling unit, the City Commission wishes to provide flexibility in terms
of calculating density for these sites; and
City of Miami File ID: 16173 (Revision:) Printed On: 6/17/2024
SUBSTITUTED
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 Neighborho
Plan, the Miami 21 Code, and other City regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF T CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this 1 dinance 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 am- ded in the following
particulars;1
DENSITY (UNIT
PER ACRE)
RESIDENTIAL
CO -LIVING
SINGLE FAMILY
RESIDENCE
COMMUNITY
RESIDENCE
ANCILLARY UNIT
TWO FAMILY
RESIDENCE
MULTI FAMILY
HOUSING
DORMITORY
HOME OF CE
LIVE — ORK
WO ^ — LIVE
"ARTICLE 4. STANDARDS AND TABL
TABLE 3. BUILDING FUNCTIO i S: USES
T4
T5
SUB- URBAN U'.AN
URBAN GENERAL ' NTER
9
R
9
18* 36
R R
R<
R
36
T6
URBAN CORE CIVIC DISTRICTS
3 65 65 65 150*
R R R
R R
R R
R R
R R
R R
R R
R***
R
R
R
R
R***
R
R
R
R
R***
150*
R***
150*
R***
N/A AZ*i
E
150*
R***
R`
R
R
R
36
R***
fi
AZ****
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:) Printed On: 6/17/2024
SUBSTITUTED
*
* 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 P of the
Miami Comprehensive Neighborhood Plan and located on the north side of the Lo -r River.
See Article 6, Table 13 for supplemental regulations.
****AZ: Density of lowest Abutting Zone nearest to the subject property not to xceed 65
du/acre.
***** Educational Uses may be allowed By -Right if the requirements are et in Article 6, titled
Supplemental Regulations"
Section 3. Article 4, Table 4 of the Miami 21 Code is ereby amended in the following
particulars:1
"ARTICLE 4. STANDARDS ND TABLES
TABLE 4 DENSITY, INTENSITY AND
TABLE 4 DENSITY, INTENSITY AND
DENSITY
(UPA)
RESTRICTED
9 UNITS PER ACRE
*
P KING
RKING (T3)
IM ITED
9 UNITS PER ACRE
OPEN
18 UNITS PER ACRE*
Residential Uses are per
listed in Table 3, limited
compliance with:
r Minimum of 2 pa
rincipal Dwelli
Adult Famil
inimum
staff me
eside
RESIDENTIAL
sible as Residential Uses are
ermissible as listed in Table 3, rlimited by compliance with:
ng spaces per r All Dwelling Units shall be
nit. under single ownership
are Homes - - Minimum of 2 parking spaces
parking space per er principal Dwelling Unit.
er and 1 space per 4
Minimum of 1 parking space
per Ancillary Dwelling Unit.
munity Residence -Minimum • Community Residence -
o parking space per staff • Adult Family -Care Homes- Minimum of 1 parking space per
ember in addition to the parking Minimum of 1 parking space perstaff member in addition to the
required for the principal Dwelling staff member and 1 space per 4 parking required for the
Unit. residents. Dwelling Units.
• Community Residence -
tvlinimum 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.
City of Miami File ID: 16173 (Revision:) Printed On: 6/17/2024
SUBSTITUTED
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 BUILDING PLACEMENT
LOT OCCUPATION
a. Lot Area 5,000 s.f.min.
b. Lot Width
p0 ft min.
. Lot Coverage
Floor Lot Ratio
'(FLR)
e. Frontage at front
Setback
'. Green Space
g. Density
i0% max. first floor
0% max. second floor
T3-R & T3-L only)
N/A
N/A
5% Lot Area min.
3-R = 9 du/ac max.
T3-L = 9 du/ac max.
T3-0 = 18 du/ac max.*
Comer Lot
Interior Lot
Secondayfrort
*
►;--� 217/ min.'
.L
Ei
�i.
_5 min.
2nd
Layer
4
10'
5'mIn.
20'min. a
and
LaYer
lst
Layer
L yer3rd
*Up to a maximum of two (2) units :y be built on a single lot, or up to eighteen (18) dwelling
units per acre, whichever is great
Section 5. If any stion, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared i alid, the remaining provisions of this Ordinance should not be
affected.
Section 6. is the intention that the provisions of this Ordinance shall become and
be made a part ' the Miami 21 Code, which provisions may be renumbered or re -lettered
and that the .rd "Ordinance" may be changed to "Section," "Article," or other appropriate
word to acc► plish such intention.
ction 7. This Ordinance shall become effective ten (10) days upon adoption
there
A"ROVED 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:) Printed On: 6/17/2024