HomeMy WebLinkAboutPZAB 12-3-14 Supporting DocumentationPZAB.7
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID:
Title:
Applicant(s):
Purpose:
Finding(s):
Planning & Zoning:
Planning, Zoning and
Appeals Board:
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 FAQADE 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.
Recommended approval.
December 3, 2014.
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 FAQADE 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, no Encroachments arc permitted, except 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