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HomeMy WebLinkAbout12-11-14 PZAB ResolutionMiami Planning, Zoning and Appeals Board Resolution: PZAB-R-14-069 File ID 14-01074zt November 5, 2014 Item PZAB.8 Ms. Maria Beatriz Gutierrez offered the following resolution and moved its adoption: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, TO AMEND ORDINANCE NO.13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY MAKING MINOR AND NON -SUBSTANTIAL CHANGES CLARIFYING AND CORRECTING LANGUAGES AS TO RULES OF CONSTRUCTION, DEFINITIONS, AND TERMS BY AMENDING ARTICLE 3 "GENERAL TO ZONES" AND ARTICLE 6 "SUPPLEMENTAL REGULATIONS" TO ALLOW SUBSTITUTION OF "AND" FOR "OR" TO INDICATE THAT THE CONNECTED ITEMS MAY APPLY SINGLY OR IN ANY COMBINATION; AND BY AMENDING APPENDIX A "NEIGHBORHOOD CONSERVATION DISTRICTS" TO CLARIFY APPLICABILITY OF SETBACK REQUIREMENTS FOR SINGLE FAMILY LOTS EQUAL TO OR GREATER THAN 10,000 SQUARE FEET LOCATED IN THE COCONUT GROVE CONSERVATION DISTRICT NCD-3; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Upon being seconded by Mr. Christopher Collins, the motion passed by a vote of 7-0: Ms. Jennifer Ocana Barnes Yes Mr. Chris Collins Yes Ms. Maria Lievano-Cruz Yes Mr. Charles A. Garavaglia Yes Mr. Charles A. Gibson Absent Ms. Maria Beatriz Gutierrez Yes Dr. Ernest Martin Absent Mr. Daniel Milian Absent Mr. Juvenal Pia Absent Ms. Melody L. Torrens Absent Mr. Manuel J. Vadillo Yes Mr. David H. Young Yes Francisc ► G`areia, Director Planning and Zoning Department Execution ate STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Personally appeared before me, the undersigned authority, Olga Zamora, Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that he executedYthe foregoing�_ Resolution. xe SWORN AND SUBSCRIBED BEFORE ME THIS ! DAY OF I"p�•, 2014. • Print Notary Name Personally know C>< or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath c' A) a Publ c State of Florida llot y My Commission Expires: *B , VAN SSA iRIJJILLO MY COMMISSION # EF,105250 EXPIRES: July 1'1, 2015 Bonded Thru Notary Public Underwriters City of Miami Legislation PZAB Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14-01074zt Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION, TO AMEND ORDINANCE NO.13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY MAKING MINOR AND NON -SUBSTANTIAL CHANGES CLARIFYING AND CORRECTING LANGUAGES AS TO RULES OF CONSTRUCTION, DEFINITIONS, AND TERMS BY AMENDING ARTICLE 3 "GENERAL TO ZONES" AND ARTICLE 6 "SUPPLEMENTAL REGULATIONS" TO ALLOW SUBSTITUTION OF "AND" FOR "OR" TO INDICATE THAT THE CONNECTED ITEMS MAY APPLY SINGLY OR IN ANY COMBINATION; AND BY AMENDING APPENDIX A "NEIGHBORHOOD CONSERVATION DISTRICTS" TO CLARIFY APPLICABILITY OF SETBACK REQUIREMENTS FOR SINGLE FAMILY LOTS EQUAL TO OR GREATER THAN 10,000 SQUARE FEET LOCATED IN THE COCONUT GROVE CONSERVATION DISTRICT NCD-3; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow minor and non -substantial changes to Article 3, Article 6, and Appendix A of the Miami 21 Code in order to emphasize the intent of the Code and clarify language previously approved by the City Commission. WHEREAS, the Miami Planning Zoning and Appeals ("PZAB") considered this item at its November 5, 2014, meeting, Item No. PZAB.8, 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"), Ordinance 13114 as the City of Miami's Zoning Ordinance; and WHEREAS, it has been determined that Aritcle 3, Article 6 and Appendix A of the Zoning Ordinance needs to be corrected and updated to reflect the intent of the Miami 21 Code and provide clarification and accuracy; 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 its Zoning Ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, City of Miami Page 1 of 4 File Id: 14-01074zt (Version: 1) Printed On: 10/22/2014 File Number: 14-01074zt FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein 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 6 in the following particulars {1}: "ARTICLE 3. GENERAL TO ZONES 3.13 SUSTAINABILITY 3.13.1 GENERAL b. All new Buildings of more than 50,000 square feet of Habitable Rooms a-nd or Habitable Space or in any combination of located in the T5, T6, CI and CS zones shall be at a minimum certified as Silver by the United States Green Building Council (USGBC) Leadership in Energy and Environmental Design (LEED) standards or equivalent standards adopted or approved by the City. ARTICLE 6. SUPPLEMENTAL REGULATIONS * * * * * * ARTICLE 6 TABLE 13 SUPPLEMENTAL REGULATIONS T4-L and T4-O Live Work: Shall be Located within ground floor and or Liner Units [see exhibit A] T5-L and T5-O Live Work: Shall be Located within ground floor and or Liner Units [see exhibit B] * T6-L and T6-O Live Work: Shall be Located within ground floor and or Liner Units [see exhibit C] APPENDIX A. NEIGHBORHOOD CONSERVATION DISTRICTS * * * A-3. COCONUT GROVE CONSERVATION DISTRICT NCD-3 * * * City of Miami Page 2 of 4 File Id: 14-01074zt (Version: 1) Printed On: 10/22/2014 File Number: 14-01074zt 3.6 SINGLE-FAMILY RESIDENTIAL DISTRICT * * * h. Single Family lots less than 10,000 square feet TABLE INSET: Building Site Size in Square Feet Interior Lots First Story of Structure * * * Interior Lots Corner Lots Second Story First Story of Structure of Structure Corner Lots Second Story of Structure Less than 7,500 10 feet 7,500 -- 10,000 15 feet More than 10,000 25 feet 15 feet 25 feet 35 feet 15 feet 15 feet 25 feet 20 feet 25 feet 35 feet Section 3. If any section, part of 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 Zoning Ordinance 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 thirty (30) days after final reading and adoption thereof. {2} REVIEWED AND APPROVED OFFICE OF THE CITY ATTORNEY: Initial Date Footnotes: City of Miami Page 3 of 4 File Id: 14-01074zt (Version: 1) Printed On: 10/22/2014 File Number: 14-01074zt {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, whichever is later. City of Miami Page 4 of 4 File Id: 14-01074zt (Version: 1) Printed On: 10/22/2014 Exhibit A MIAMI 21 AS ADOPTED MAY 2014 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) T4 • GENERAL URBAN ZONE RESTRIGTED MUTED DENSITY WPM 38 UNITS PER ACRE 38 UNITS PER ACRE 36 UNITS PERACRE HOME OFFICE Shot be located wholly within Dwelling Unit Shall be located wholly within Dwelling Uact. Segall be kidded whciy within Doming Ulric Matti i um Sze of Home Office shaft be 25%ofthe size of Maximus size of Ham Cffice shall be 25% of the size of Maximum size of Hone Office shall be 25%of the size c( the Dwelling Unit based an county property records. the Dwelling Unfi based on county property reacrds. tide Dwetng Unit based on county property records. Home Ocaupatons limited to individual tabling; nor,- Horne vcupaions limited to initidual batwing, non- dome Om/potions Ended to individual tutoring; non - amplified individu3 instrument instruction; authors and areal -fed individual instrument nses:ton; authors and amplified indridual irw;rument instructor: authors and composers; artists; designers; seamstresses; tailors and composers; artists; designers: seamstresses; talons; and composers; artists; designers; seamstresses; tailors; and uses similar in impact Office uses, excluding mediae owes studio, in impact. Office uses, excluding meaioal uses similar in impact. Office uses; excluding medical and dental offices. and denial offices. and dental offices. Matdmum of one mend at a time. Maxim n of one client at a time. Maximum of one dent at a vane. Maern um of two staff members, one of which must Maximum of tiro staff members, one of which muss Maximum of two staff members, one of which muss reside on premises. reside on premises. reside on premises. Hours of operation limited to Monday lturcugh Saturday Hours of operation limited to Monday through Saturday !lours of operade" limited to Monday through Sahrday 8:00 AM di 6 PM. &00 AM to 6 PM. 3:00 AM to 6 PM. No equipment or process shall be used which creates No equipment or process Mal be owed which creates No equpment or process shall be used which creates undue noise, h4brutan,glare; fumes, arodorsdetectable undue noise; vibratos,glare, fumes or odors detectable undue noise; vibration, glare, hones, arodors detectable to normal senses off the property. to ricarnal senses off lie property. to normal senses off the property. Cetificateof Use rewired. Certificate of Use required. Certificate of Use respired. LIINEWORN Shall bo loostodwithb grout kar aad.ar Lox oils Maximum se, dwelt occcpa[ian shall ncl macaed 50tto1 the axed !ha Cwalin9 }hit based on cowry prcpe ty records. Lira Workoccupations (mead to those plowed in Transept Zara. his soupma-i orlx®oao5shed bo used which creams alder nciroa, vEralion, plan, hams. odors, delalo bo normal woos off the property. Cartificala,al Use rmquiad Shall be lacatcd wit€ i grourd floor and ar tine arils Maximum deo of work ooaupa6an sbaal non cooed 3O" al the size of the Dwoitg Urail based on corny procarr swords taro Work occupations kited thaw glowed n Transco! +acne. No oq.pmei or I racers Miff be used which amebas aids, racing vLydian, airs, isms, ,dais, detedoblm to normal series all ohm pntorto Csrtit ale al Use rowboat. BED AND BREAKFAST Subject to City rode Chapter 23. DRIVE -THROUGH AND DRIVE-IN May only be permitted by Warrant Aver able only when sites Primary Frontage is along a County designated primary arterial road. Whenever possiole, al ogress and egress to and From The site shad be from a Couany designated primary arterial road. Princpal Frontage access maybe Waved. Reservoir parking spaces shall be required as follows: One (1) at window, three (3) before service window. one {f j alter service window. ADULT DAYCARE For 6 ba 9 adults: Mnimun af 350 sq feet of indoor activity ses. For 6 to 9 adults Minimal of 350 sq feet of ndaaor activity area. PERSONAL WIRELESS SERVICE FACILITY Subject to the requirements of Section 6.4. Su6{eid to the requirements is of Swim 6.4. Sudajeot to the requirement: of Section 6.4. CHILDCARE For 6 to 10 children maximum Minimum of 35 square feet of usable indoor floor space per child on license. Minim= of 45 square feet of usable outdoor play wee per child A minimum outdoor play area shall be provided far ore half of license capacity. In no event shall any outdoor pay area be less than 450 square fee. The minimum standard of outdoor play area does not apply for children under one year of age. For 6 to 10 chidren maximum: Minimum af 35 square fear of usable indocr floor space per chid on fcense. Mnimun cf 45 square feet of usable mambo• play area per chid A minimum outdoor play area shall be provided for one half of license capacity. In no evernt shall any outdoor play area be less than 450 square feet The minimum suavelardafoutdoor day area does not afaplyfor children wader one yew of age. Far 6 to 10 children ma>4neJrn: Virginian of 35 square feet of usable indoor (tear space per child on license. Minimum of 45 square feet of usable outdoar play area per child. A n Drool outdoor play area shad be provided for ore half of ioense capacity. In no event shall any outdoor play area be less than 450 square feet The minimum standard afoutdoor play area does nofapply for ahidren raider one year of age. Exhibit B M IAM 121 AS ADOPTED - MAY 2014 DENSITY (UPA) ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) T5 - URBAN CENTER ZONE RESTRICTED 65 UNITS PER ACRE' IJIIRIED 65 UNITS PER ACRE' OPEN 65 UNITS PER ACRE' LNG WORK Shall be icortodwilhh grand' flora ardor Irwr uriin Matisnum Otto of work 000p.` an shall ncl mrcood SD%d ihw fizo cf the Dueling Urit based cc scatty oroporty records. Lire Work aoocupaiiorru frnbod In Homo aJiowis.d in Transact Zone. gull be Iacdwihir gmund floor arid or Un r Tits Maximum silo of work oxupdion shall nal ssxcood 794_ oi Ilia abaci iho Norma Uril brad on cony. moot rocordr tiro Week occupations Wiled to those dewed in Ira/moot Zona. hit aquprnay or proctor shin bo moo which creator ratduo noise,vivetion, giro, fumes, odors, doto:ahioto No egiipmwrt or precasts Tall be used which agates 'Moo rcirn,vin-ai6n,give. isnos,odam,dtrtoddleto normal senses oft flog ttmparti iortiFnata od Use noariod. rectal torsos off the moody. CartrTicotsal Use roquiod AUTO RELATED COMMERCIAL Car Wash: Subject to City Code Chapter 23 Self-service, semiautomatic, and automatic dragiine shall provide for each of the first 3 wash stalls, 3 parking reservoir spaces before and 3 after. Beyond 3 stalls, t parking reservoir spaces before and 2 after each stall. Custom hand ear wash shall provide for each wash stall, 1 parking reservoir space before each stall and 1 after. and 5 additional parking spaces. One (1) reservoir parking space may be reduced by Waiver. Gas Stations: Subject to City Code Chapter 23 Principal Frontage access may be allowed. Frontage requirement may be reduced maximum 39% by Waiver. Building Facade may be a colonnade. All vending machines shall be located indoors. Only vehicles awaiting service, permitted rental vehicles and staff vehicles parked while working shall be allowed. All repairs, change of tires, greasing/lubricating shall be conducted within building. Outdoor display of products incidental to normal refueling is prohibited closer to the street than pump islands. Outdoor display or storage of tires is prohibited. Vehicle Rental Facilities: In addition to the parking requirements in Article 4 Table 4 for lease or rental passenger vehicle facilities there All access to site shall be from a County designated primary anerial road. Building designated for customer service must be located where it is easily accessible from site access point. All transactions must be conducted indoors. All vehicle storage areas must be lighted without causing spillover onto Abutting properties. On -site vehicle service must be conducted indoors and is limited to minor repairs and maintenance. DRIVE -THROUGH AND DRIVE-IN Reservoir parking spaces shall be required as follows: One (1) at window, three (3) before service window, one (1) after service window. One C.) reservoir parking space may be reduced by Waiver. ' Or as modified in Article 4, Diagram 9 Exhibit C MIAMI 21 AS ADOPTED - MAY 2014 ARTICLE 6, TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) T6 - URBAN CORE ZONE RESTRICTED 11MFTFD OK- N DENSITY(UPA) 150 UNITS PER ACRE ` 150UNITS PER ACRE ` 150— 1,000 UNITS PER ACRE " LIVE WORK Shall Ira k caexlwilhir gnou-d floe midair Lifer urns Maximum size of wort coo-pation shall nor mooed 501601 the rite cf the Waling LJrrt based co courts property records. LireWarkarocu:eliorts laud to those allowed in Transact Iona liar equprnort cr process shad no usedwhkh creams undue noise, vibration. ®Ira, lumps, cams, detectible to normal senses off the property. Cettificateol Use roquied Shall be bull:dwell ground floor sad c• Lncr vim, Maximum size afwwk occupation shall not ascaed 'r7s: a' 1ha siztof 1ha Dwairg Uri bused on � o.rrd v'oortr wards Lino Work occupations kited tochosedarer inTrarsact Zeno. Na agrpmsta or process droll be 'mad which cro...as u clie rcise. v iraion, gbra. irros, odors, dabaeeble Ic normal somas- di the preparld miff -nit all Use recr iree. AUTO RELATED COMMERCIAL Car Wash: Self-service, semiautomatic, and automatic dragline shall provide for each of the first 3 wash stalls, Sparking reservoir spaces before and 3 after. Beyond 3 stalls; 1 parking reservoir spaces before and 2 after each stall. Custom hand car wash shall provide for each wash stall, 1 parking reservoir space before each stall and 1 after. and 5 additional parking spaces. One (1) reservoir parking space may be reduced by Waiver- Gas Stations: Principal Frontage access may be allowed. Frontage requirement maybe reduced maximum 3016 by Waiver. Building Facade may be a colonnade. All vending machines shall be located indoors. Trash facilities shall becompletely enclosed and shielded from Primary Frontages. ages. Only vehicles awaiting service; permitted rental vehicles and staff vehicles parked while working shall be allowed. All repairs, change of tires; greasingilubricating shall be conducted within building. Outdoordisplayofprodudsincidental tonormal refueling is prohibited closer to thestreetthanpumpislands. Outdoor display or storage of tires is prohibited. Vehicle Rental Facilities: In addition to the parking requirements in Article 4 Table 4 for lease or rental passenger vehicle facilities there shall be 10 parking spaces provided for first 10,000 square feet of Floor Area and 1 space for each additional 500 square feet In addition to the parking requirements in Article 4 Table 4 for lease or rental cargo vehicle facilities 1 parking space per staff and 1 space for each 8 vehicles stored on the premises. All access to sire shall be from a County designated primary arterial road. Build Mg designated for customerservicemust belocated where it is easily accessible from site access point All transactions must be conducted indoors. All vehicle storage areas must be lighted without causing spillover onto Abutting properties. On site vehicle service must be conducted indoors and is limited to minor repairs and maintenance. Car Wash: Subject to City Code Chapter 23 Self-service, semiautomatic, and automatic dragline shall provide for each of the first 3wash stalls, 3parking reservoir spaces before and 3 after. Beyond 3 stails,1 parking reservoir spaces before and 2 after each stall. Custom hand car wash shall provide for each wash stall, 1 parking reservoir space before each stall and 1 after, and 5 additional parking spaces. One (1) reservoir parking space may be reduced by Waiver. Gas Stations: Subject to City Code Chapter 23 Principal Frontage access may be allowed. Frontage requirement may be reduced maximum 30 by Waiver. Building Facade may be a colonnade. All vending machines shall be located indoors. Trash facilities shall be completely enclosed and shielded from Primary Frontages. Only vehicles awaiting service, permitted rental vehicles and staff vehicles parked while working shall be allowed. All repairs, change of tires, greasing/lubricating shall be conducted within building. Outdoor display of prod uctsincidentaIto normal refueling is prohibited closer to the street than pump islands. Outdoor display or storage of tires is prohibited. Vehicle Rental Facilities: In addition to the parking requirements in Article Table 4 for lease or rental passenger vehicle facilities there shall be 10 parking spaces provided for first 10;000 500 sqreuareet fef elaorAreaandl spacefareaarhadditional 50d square feet. In addition to the parking requirements in Article 4 Table 4 for lease or rental cargo vehicle facilities 1 parking space per staff and 1 space for each 8 vehicles stored on the premises. All access to site shall be from a County designated primary arterial road. Building designated for customer servicemustbelocated where it is easily accessible from site access point. All transactions must be conducted indoors. All vehicle storage areas must be lighted without causing spillover onto Abutting properties. On -site vehicle service must be conducted indoors and is limited to minor repairs and maintenance. DRIVE -THROUGH AND DRIVE-IN Reservoir parking spaces shall be required as follows: One (1) at window. three (3) before service window, one (1) after service window. One (1) reservoir parking space may be reduced by Waiver. LARGE SCALE RETAIL Subject to the requirements of Section 6.3.