HomeMy WebLinkAboutSupporting Docs PZAB 9-14-11PZAB.1O
File ID:
Title:
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
11-00791 zt 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: September 14, 2011
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
September 14th, 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,
FLORIDA:
City of Miami Page 1 of 3 File Id: 11-00791zt (Version: 1) Printed On: 9/6/2011
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, cxisting Building, a
Waiver may be granted so that the proposed Building Structure matches the 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 existing Building Structure other than a Sign, a Waiver may be granted so the
proposed Structure as to matches the 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
City of Miami Page 2 of 3 File Id: 11-00791zt (Version: 1) Printed On: 9/6/2011
File Number: 11-00791zt
abuts as cxicting Building Structure other than a Sign, a Waiver may be granted so the proposed
Structure as to matches the 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 dominant Setback of the existing neighborhood or existing thoroughfare Frontage
Setbacks by Waiver.
*35
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: 9/6/2011