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Home My WebLink AboutPZAB (2429) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-18-033 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 2429 Final Action Date: 7/18/2018 A RESOLUTION OF THE CITY OF MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION OF AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS", AMENDING ARTICLE 3, SECTION 3.11, ENTITLED "WATERFRONT SETBACKS", AND ADDING DIAGRAM 1 IN ARTICLE 3, SECTION 3.11, ENTITLED "WATERWAYS & WATERBODIES WITH WATERFRONT PROPERTIES"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the City of Miami's ("City") Zoning Ordinance ("Miami 21"); and WHEREAS, the adopted 2007 Miami Parks and Public Open Space Master Plan establishes goals and objectives for waterfronts throughout the City to be part of a linear park system network that links different parts of the City together; and WHEREAS, publicly accessible linear parkways along waterfronts provide for a safe off-street network of pedestrian and bicycle paths for alternative transportation needs throughout the City; and WHEREAS, the City wishes to increase public access between Biscayne Bay and the East-West Trail via the Miami River, the Underline, the Ludlum Trail, and the various canals and lagoons in between; and WHEREAS, the City also wishes to increase public access between Biscayne Bay and the Little River and the various canals and lagoons in between; and WHEREAS, such increased access will provide interconnectedness and mobility opportunities from surrounding recreation spaces and provide residents and visitors with additional access to waterfronts; and WHEREAS, waterfronts beyond the Miami River and Biscayne Bay, such as canals and lagoons, can operate as secondary water retention systems receiving stormwater from neighborhoods; and WHEREAS, waterfronts beyond the Miami River and Biscayne Bay, such as canals and lagoons, can store excess water or move excess water to the regional flood control system managed by the South Florida Water Management District; and City of Miami Page 1 of 6 File ID: 2429 (Revision: C) Printed On: 7125/2018 WHEREAS, living shorelines and coastal structures along waterways and waterbodies can provide opportunities for future sea level rise mitigation strategies to accommodate increased water level demands into the City's existing system; and WHEREAS, it has been identified that additional clarification should be provided to the applicable boundaries and standards associated with the term "Waterfront" as used in Article 3, Section 3.11, entitled "Waterfront Standards" of Miami 21; and WHEREAS, it has been determined that amending Article 1, Section 1.2, entitled "Definitions", and Article 3, Section 3.11, entitled "Waterfront Standards", is needed to promote appropriate standards for various waterways within the City; and WHEREAS, this amendment will clarify standards applied to Biscayne Bay, the Miami River, and other smaller waterbodies throughout the City as identified within Exhibit A; and WHEREAS, upon adoption of this ordinance, the Planning Department will continue to study enhancements to Waterfront Design Standards to be applied to properties along all waterfronts; and WHEREAS, the Miami Waterfront Advisory Board, at its meeting on June 5, 2018, recommended approval of the Waterfront Setback language as presented herein by a vote of six to one (6 -1); and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has given full consideration to the Planning Director's recommendations; and and WHEREAS, the PZAB has conducted a public hearing on the proposed text amendment; WHEREAS, the PZAB has considered whether the proposed amendment will further the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the PZAB finds that there is competent substantial evidence in the record to recommend approval of the Miami 21 Code text amendment; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and finding contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. It is recommended to the Miami City Commission that Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, be amended by amending Article 1 and Article 3 in the following particulars:' II* ARTICLE 1. DEFINITIONS City of Miami Page 2 of 6 File ID: 2429 (Revision: C) Printed On: 7/25/2018 1.2 DEFINITIONS OF TERMS * Frontage: The area between a Building Facade and the vehicular lanes of a Thoroughfare, Mean High waterline of a Waterfront, or the pavement of a Pedestrian Pa&cago Frontage Line of a Civic Space Type. * * Waterbody: Any body of water separated by a salinity dam from Biscayne Bay including, but not limited to, Comfort Canal, Little River, Blue Lagoon, and the like. Properties along a Waterbody have been depicted in Article 3, Diagram 1, entitled Waterways & Waterbodies with Waterfront Properties. Waterfront: The area of a property that fronts a Waterway or Waterbody and is improved to preserve the City's natural shoreline and to guarantee Open Space along the water's edge. Waterway: Biscayne Bay and any body of water navigable to Biscayne Bay; Miami River and its tributaries from Biscayne Bay to salinity dams or termini, whichever comes first; and the Little River from Biscayne Bay to the salinity dam. Properties along a Waterway have been depicted in Article 3, Diagram 1, entitled Waterways & Waterbodies with Waterfront Properties. * TABLE OF CONTENTS PREAMBLE ARTICLE 3. GENERAL TO ZONES * * 3.11 WATERFRONT STANDARDS DIAGRAM 1: WATERWAYS & WATERBODIES WITH WATERFRONT PROPERTIES. ARTICLE 3. GENERAL TO ZONES * * * SECTION 3.11 WATERFRONT STANDARDS 111.21 TABLE OF CONTENTS City of Miami Page 3 of 6 File ID: 2429 (Revision: C) Printed On: 7/25/2018 DIAGRAM 1: WATERWAYS & WATERBODIES WITH WATERFRONT PROPERTIES. In addition to the Miami City Charter Section 3, (mm), (ii) requirements, the following Setback, walkways and Wwaterfront standards shall apply to all Wwaterfront properties within the City ef-Mi-a-mi, except as modifications to these standards for all Wwaterfront properties may be approved by the City Commission pursuant to the procedures established in the City Charter. All Miami riverfront properties shall include water -related uses across all Transect Zones except T3. a. Waterfront Setbacks 1. Waterfront Setbacks Ffor properties fronting a Waterway, the Setback shall be a minimum of fifty (50) feet measured from the mean high water line provided along any Wwaterfront, except where the depth of the Lot is less than two -hundred (200) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth; and except for T3, T4-R, D1, D2 and D3 Transect Zones where a minimum Setback of twenty (20) feet shall be provided, except where the depth of the Lot is less than eighty (80) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth. These requirements shall not apply to Marine Related Industrial Establishments along the Miami River. Within D1, D2 and D3 Transect Zones facilities may span across man-made slips with a Structure to conduct marine -related commercial and industrial activities. 2. For properties fronting a Waterbody, the Setback shall be a minimum of twenty-five (25) feet measured from the mean high water line provided along any Waterfront, except where the depth of the Lot is less than one -hundred (100) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth; and except for T3, T4-R, D1, D2 and D3 Transect Zones where a minimum Setback of twenty (20) feet shall be provided, except where the depth of the Lot is less than eighty (80) feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth. For other Lot configuration conflicts, the Setback may be reduced a maximum of fifty percent (50%) by process of Waiver. 2.3. Side Setbacks shall be equal in aggregate to at least twenty-five percent (25%) of the water Ffrontage of each Lot based on average Lot Width, to allow View Corridors open from ground to sky and to allow public access to the wWaterfront; except for T3, T4-R, D1, D2 and D3 Transect Zones. b. Waterfront Walkways Design Standards: 1. Waterfront walkways shall be designed and constructed within the wWaterfront Setbacks in accordance with these Waterfront Walkway Design Standards and should remain open to public access during all times, but at a minimum, shall remain open to the public between 6am through 10pm. Waterfront walkways are not required within Transect Zones T3, T4-R, D1, D2 and D3 unless the site is a new Commercial retail, Office or restaurant Use. Properties along a Waterbody City of Miami Page 4 of 6 File ID: 2429 (Revision: C) Printed On: 7125/2018 shall only require a Waterfront walkway if it has been identified within the Miami River Greenway Action Plan or other Waterfront Master Plans as a component of a publicly accessible Greenway and Blueway network system within the City of Miami and Miami -Dade County, 2. Waterfront walkways shall feel public, meet all Americans with Disabilities Act (A.D.A.) requirements throughout the entire length of the wWaterfront walkway and provide unobstructed visual access to the water. 3. Waterfront walkways shall connect to abutting public walkways, neighboring walkways, and Open Space at a consistent A.D.A. compliant width and grade to allow clear pedestrian circulation along the water's edge. Properties abutting a Thoroughfare or Public Frontage shall coordinate with the appropriate agency or organization on improvements and connections to Waterfront walkways required on those properties. 4. The wWaterfront walkway surface shall remain at a constant elevation and be accessible to handicapped persons throughout the entire length of the wWaterfront walkway. Walkways should have a slight grade away from the bulkhead edge for stormwater retention within the transition zone. 5. All Waterfront walkways shall be built to the standards and guidelines outlined within the Miami River Greenway Regulatory Design Standards, Miami River Greenway Action Plan, and Waterfront Design Guidelines, Appendix B of this Code. 56. The total width of a wWaterfront walkway shall be a minimum of twenty-five (25) feet and built to the standards and guidelines outlined in Waterfront Design per Appendix B, unless the Setback is reduced when the depth of the Lot requires it. Waterfront walkway Design Standards shall apply in the entirety of the Setback when properties are set back less than twenty-five (25) feet. Standards may be adjusted by process of Waiver, but shall not diminish the Circulation Zone identified within Appendix B, with a clear path no Tess than twelve (12) feet in total width provided. 6. Waterfront Properties that do not provide a Waterfront walkway within the Water -front Setback area shall remain unimproved by any permanent Structure or other Structures permitted under City Code Section 62-528 or Section 62-535. Diagram 1: Waterways & Waterbodies with Waterfront Properties. City of Miami Page 5 of 6 File ID: 2429 (Revision: C) Printed On: 7/25/2018 Waterways & Waterbodies with Waterfront Properties Properties on Waterbodies J Submerged/Partially Submerged Waterways (navigable) Waterbodies (non -navigable) Q City Boundary ,, This Resolution shall be effective immediately upon its adoption. cnei'Stttl e Personally appeared before me, the undersigned authority, TtiY)t , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 25 DAY OF , 201 Print Notary Name Execution a3e- (CI( rancisc• tt 17ia, Director apartment of Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE ) Personally know — or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary Public State of Florida My Commission Expires: 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. ' `. BEATRIZALVAREZ ,: ,•, :=a Commission E GG 153775 t, j4,1 �., �= Expires November 20, 2021 "•:1: 6S' Bonded Ilan Troy Fain Imam 8004864O14 City of Miami Page 6 of 6 File ID: 2429 (Revision: C) Printed On: 7/25/2018 Waterways & Waterbodies fan— with Waterfront Properties " =mom=volt: s Legend Properties on Waterways Properties on Waterbodies Submerged/Partially Submerged Waterways (navigable) Waterbodies (non -navigable) I City Boundary