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HomeMy WebLinkAbout12-17-14 PZAB Supporting DocumentationFile ID: Title: Applicant(s): Purpose: PZAB.11 PLANNING, ZONING AND APPEALS BOARD FACT SHEET 14-01215zt Quasi -Judicial A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 5 "SPECIFIC TO ZONES", TO ALLOW BALCONIES LOCATED ABOVE THE EIGHTH STORY TO ENCROACH A MAXIMUM OF THREE (3) FEET INTO THE DEPTH OF THE SETBACK; AND TO ALLOW FACADE COMPONENTS ABOVE THE FIRST STORY TO ENCROACH A MAXIMUM OF THREE (3) FEET INTO THE DEPTH OF THE SETBACK; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Daniel J. Alfonso, City Manager, on behalf of the City of Miami 3500 Pan American Drive Miami, FL 33133 (305) 250-5400 This will amend Article 5 "Specific to Zones" of the Miami 21 Code to emphasize the intent of the Code by allowing balconies above the eighth story in T6 Transect Zones to encroach up to three feet into the depth of the setback and by allowing Facade components above the first Story that promote energy efficiency to encroach up to three feet into the depth of the Setback. Finding(s): Planning & Zoning: Recommended approval. Planning, Zoning and Appeals Board: Continued from December 3, 2014, 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: 14-01215zt Final Action Date: A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 5 "SPECIFIC TO ZONES", TO ALLOW BALCONIES LOCATED ABOVE THE EIGHTH STORY TO ENCROACH A MAXIMUM OF THREE (3) FEET INTO THE DEPTH OF THE SETBACK; AND TO ALLOW FACADE COMPONENTS ABOVE THE FIRST STORY TO ENCROACH A MAXIMUM OF THREE (3) FEET INTO THE DEPTH OF THE SETBACK; 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 amend Article 5 "Specific to Zones" of the Miami 21 Code to emphasize the intent of the Code by allowing balconies above the eighth story in T6 Transect Zones to encroach up to three feet into the depth of the setback and by allowing Facade components above the first Story that promote energy efficiency to encroach up to three feet into the depth of the Setback. WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting on December 3, 2014, Item PZAB.7, following an advertised public hearing, adopted Resolution No. PZAB - by a vote of - to - (-), recommending - of an amendment to Ordinance No. 10544, as amended. 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, the intent of the Miami 21 Code is to promote a pedestrian -friendly public realm of the highest ambient quality, and for this reason, where taller buildings may develop larger setbacks and are required to provide streets with air and light; and WHEREAS, Frontage setback requirements in T6 Transect Zones above the eighth story are ten (10) feet measured from the second and third layers; and WHEREAS, no encroachments are permitted in T6 Transect Zones above the eighth story, except Facade components such as shading and Screening devices that are non -accessible which may encroach a maximum of three (3) feet; 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 City of Miami Page 1 of 3 File Id: 14-01215zt (Version: 1) Printed On: 11/24/2014 File Number: 14-01215zt Ordinance as hereinafter set forth. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, 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 5 in the following particulars {1}: "ARTICLE 5. SPECIFIC TO ZONES 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.2 Building Disposition (T6) * * * 5.6.2(c) Encroachments shall be as follows: At the First Layer, cantilevered Awnings and entry canopies may encroach up to one hundred percent (100%) of the depth of the Setback, except as may be further allowed by Chapter 54 of the City Code. Above the first Story, cantilevered balconies, bay windows, and roofs or Facade components promoting energy efficiency, such as shading and Screening devices, that are non -accessible may encroach up to three (3) feet of the depth of the Setback. Other cantilevered portions of the Building shall maintain the required Setback. Above the eighth Story, -Re Encroachments are permitted, exccpt that Facade components promoting energy efficiency, such as shading and Screening devices, that are non -accessible and or balconies may encroach a maximum of three (3) feet into the depth of the setback. 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 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 30 days after final reading and adoption thereof. {2} REVIEWED AND APPROVED OFFICE OF THE CITY ATTORNEY: Initial City of Miami Page 2 of 3 File Id: 14-01215zt (Version: 1) Printed On: 11/24/2014 File Number: 14-01215zt Date 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 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 3 of 3 File Id: 14-01215zt (Version: 1) Printed On: 11/24/2014