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Home My WebLink AboutPZAB Supporting Docs 11-02-11PZAB.11 File ID: Title: PLANNING, ZONING AND APPEALS BOARD FACT SHEET 11-00791zt Legislative A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 3, "GENERAL TO ZONES" AND ARTICLE 5, "SPECIFIC TO ZONES" TO PROVIDE REGULATIONS FOR STRUCTURES OTHER THAN SIGNS TO BE ALLOWED WITHIN DOMINANT SETBACKS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Location: Citywide Applicant(s): Purpose: Johnny Martinez, P.E., City Manager, on behalf of the City of Miami 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 This will provide regulations for fences to be allowed to be placed in areas where dominant setbacks already exist, similar to the existing provisions for dominant setback for buildings. Planning Department Recommendation: Approval Planning, Zoning and Appeals Board: Continued on September 14, 2011, September 26, 2011 and October 19, 2011 due to lack of quorum. City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00791zt Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 3, "GENERAL TO ZONES" AND ARTICLE 5, "SPECIFIC TO ZONES" TO PROVIDE REGULATIONS FOR STRUCTURES OTHER THAN SIGNS TO BE ALLOWED WITHIN DOMINANT SETBACKS; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Citywide APPLICANT(S): Johnny Martinez, P.E., City Manager, on behalf of the City of Miami FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This provide regulations for fences to be allowed to be placed in areas where dominant setbacks already exist, similar to existing provisions for dominant setback for buildings. WHEREAS, the Miami Planning Zoning and Appeals (PZAB) considered this item at its , 2011 meeting, Item No. PZAB._, adopting Resolution No. PZAB by a vote of _ to (_ _), and has recommended the adoption of this item to the City of Miami City Commission; and WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ord. 13114 as the City of Miami's Zoning Ordinance; and WHEREAS, certain areas of the City have dominant setbacks that will be maintained with future construction and property improvements; and WHEREAS, the same dominant setback provisions should apply to other Structures other than Signs as to allow for improvements to properties without requiring a new setback that does not conform to the dominant setback; 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 citizens to amend the Zoning Ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORI DA: City of Miami Page 1 of 3 File Id: 11-00791zt (Version: 1) Printed On: 10/12/2011 File Number: 11-00791zt Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 3 and Article 5 in the following particulars {1 }: "ARTICLE 3 GENERAL TO ZONES 3.3 LOTS AND FRONTAGES 3.3.5 Where the property to be developed abuts as Structure other than a Sign, existing Building, a Waiver may be granted so that the proposed Building Structure matches the ground level dominant Setback of the block and its Context. ARTICLE 5 SPECIFIC TO ZONES 5.5 Urban Center Transect Zones (T5) 5.5.1 Building Disposition (T5) g. Setbacks for Buildings shall be as shown in Illustration 5.5. Where the property to be developed abuts as cxicting Building Structure other than a Sign, a Waiver may be granted so the proposed Structure as to matches the ground level dominant setback of the block and its context. 5.6 Urban Core Transect Zones (T6) 5.6.1 Building Disposition (T6) g. Setbacks for Buildings shall be as shown in Illustration 5.6. Where the property to be developed abuts as existing Building Structure other than a Sign, a Waiver may be granted so the proposed City of Miami Page 2 of 3 File Id: 11-00791zt (Version: 1) Printed On: 10/12/2011 File Number: 11-00791zt Structure as to matches the ground level dominant setback of the block and its context. Frontage Setbacks above the eighth floor for Lots having one (1) dimension measuring one hundred (100) feet or less may be a minimum of zero (0) feet by Waiver. For T6-36, T6-48, T6-60 and T6-80, the Frontage Setbacks above the eighth floor shall not be required for a Frontage facing a Civic Space or a Right -of -Way seventy (70) feet or greater in width. At property lines Abutting a lower Transect Zone the Setbacks shall reflect the transition as shown in Illustration 5.6. * * * 5.8 CIVIC INSTITUTION ZONES - HEALTH DISTRICT (CI -HD) 5.8.1 Building Disposition (CI -HD) g. Setbacks for Buildings shall be as shown in Illustration 5.8. Frontage Setbacks may be adjusted to conform to the ground level dominant Setback of the existing neighborhood or existing thoroughfare Frontage Setbacks by Waiver. Section 3. 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 4. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code of the City of Miami, Florida, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 5. This Ordinance shall become effective 30 days after final reading and adoption thereof. {2} 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. City of Miami Page 3 of 3 File Id: 11-00791zt (Version: 1) Printed On: 10/12/2011