Loading...
HomeMy WebLinkAboutLegislation SUBCity of Miami Legislation Ordinance: THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. City Hall 3500 Pan American Drive Miami. FL 33133 www.miamigov.cam File Number: 10773 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY AMENDING ARTICLE 3, SECTION 3.3, TITLED "LOTS AND FRONTAGES," ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT STANDARDS", ARTICLE 5, SECTION 5.5, TITLED "URBAN CENTER TRANSECT ZONES (T5)'', AND ARTICLE 5, SECTION 5.6, TITLED "URBAN CORE TRANSECT ZONES (T6)". TO GRANT FLEXIBILITY REGARDING WATERFRONT BUILDING SETBACK REQUIREMENTS IN CONJUNCTION WITH RECENT AMENDMENTS TO APPENDIX B. TITLED "WATERFRONT DESIGN GUIDELINES"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Manolo Reyes, Commissioner Ken Russell WHEREAS. on October 22. 2009. the City Commission adopted Ordinance No. 13114, as the Zoning Ordinance of the City of Miami ("Miami 21 Code"); and WHEREAS, on January 24, 2019, the City Commission adopted Ordinance No. 13804, amending Article 3, Section 3.11 of the Miami 21 Code titled "Waterfront Standards" to provide additional clarification to applicable boundaries and standards associated with the term Waterfronts and identify location standards for Waterways and Waterbodies; and WHEREAS, on July 22, 2021, the City Commission adopted Ordinance No. 1.4016, amending Appendix "B" of the Miami 21 Code titled "Waterfront Walkway Design Guidelines" to update and improve waterfront standards; and? WHEREAS. the Planning, Zoning and Appeals Board ("PZAB"), at its meetiqe-on x October 6, 2021, following an advertised public hearing, adopted Resolution No. PCB-R2I- y 040 by a vote of seven to zero (7-0), Item No. PZAB.11. recommending Approvalf;tle 7oning 0 Text Change; and 4:- :f . WHEREAS, the City Commission has considered the Planning Director's-< recommendations; and — WHEREAS, the City Commission has conducted a public hearing on the pr?ij osec text amendment; and WHEREAS, the City Commission has considered whether the proposed text amendment will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code. and other City regulations; and City of Miami Page 1 of 4 File ID: 10773 (Revision: j Printed On: 10/712021 10773 Legislation SUB THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File IQ: 10773 Enactment Number: WHEREAS, the City Commission has considered the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION 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. The Miami 21 Code is further amended by amending Article 3, titled General to Zones", in the following particulars': "ARTICLE 3. GENERAL TO ZONES 3.3 LOTS AND FRONTAGES 3.3.3 Lots facing Thoroughfares on more than one (1) side shall have designated PFIncipab Frontage(s) and may have Secondary Frontage(s). Unless otherwise designated by peCI Area Plan, a Principal Frontage shall be that facing the Thoroughfare of higher pedestrian importance or intensity (i.e., traffic volume, number of lanes, etc.), as determined by the Planning Department upon request by the Zoning Administrator. a. If two Thoroughfares are of equal importance each Frontage shall be considered a Principal Frontage. Lots with two or more Frontages may consider other non -fronting Property Lines as sides. b. Lots shall have at least one (1) Principal Frontage, except waterfront Lots shall have at least two (2) Principal Frontages, one of which shall be the waterfront and shall conform to Waterfront Setback Standards. However, Lots which do not require a waterfront walkway per section 3.11 shall not consider the Waterfront as a Principal Frontage. For Waterfront Setbacks, see Section 3,11. and Appendix 8 — Waterfront Design Guidelines. c. Where an existing lot of record is located adjacent to a Thoroughfare in a manner that creates an irregular Frontage such that the side or rear yards cannot be determined as with a regular lot, the Zoning Administrator shall determine, by Waiver, the yard and setbacks for the lot as fits the circumstances of the case. In addition to general Waiver requirements, the Zoning Administrator shall consider the minimum dimensions and methods of measurement as generally required for either a side or rear yard in the transect, determining which shall apply by the relation of the portion of the lot on which the yard is to be located to the adjoining lot, with due regard to the orientation of structures and buildable areas on each lot. ' 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. m 0 rn City of Miami Page 2 of 4 File ID: 10773 (Revision:) Printed on: 10/7/2021 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. File ID: 10773 3.11 WATERFRONT STANDARDS Enactment Number: In addition to the Miami City Charter requirements, the following Setback, walkways and Waterfront standards shall apply to all Waterfront properties within the City, except as modifications to these standards for all Waterfront 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. For properties fronting a Waterway, the Setback shall be a minimum of fifty (50) feet measured from the mean high water line provided along any Waterfront, 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, ❑1, 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 for the following: 1. 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 2. For T3, T4-R, D1 D2, and D3 Transect Zones, 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. 3. Waterfront Side Setbacks consisting of one (1 } or more lot lines generally perpendicular to the greatest adjacent waterbodv shall be equal in aggregate to at least twenty-five percent (25%) of the water frontage of each Lot based on average Lot Width, to allow View Corridors open from ground to sky and to allow public access to the Waterfront; except for T3, TR-4, D1, D2, and D3 Transect Zones. *99 Section 3. The Miami 21 Code is further amended, by amending Article 5 titled "Sfcific to Zones" in the following particulars:1 ".4 "ARTICLE 5. SPECIFIC TO ZONES ,r cq 43 C:3`y III _ ��i � n , City of Miami Page 3 of 4 File ID: 10773 (Revision:) Printed 4: 010/7120 Fife tD: 10773 THIS DOCUMENT IS A SUBSTITUTION TO ORIGINAL. BACKUP ORIGINAL CAN BE SEEN AT END OF THIS DOCUMENT. 5.5 URBAN CENTER TRANSECT ZONES (T5) 5.5.1 Building Disposition (T5) Enactment Number: e. For the minimum Height, facade€ -Facades shall be built parallel to the Principal Frontage Line along a minimum of severity percent (70%) of its length on the Setback Line as shown in Illustration 5.5 or as modified pursuant to Appendix B — Waterfront Design Guidelines, Section 2.3(a) for Frontages along a Waterfront_ 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.1 Building Disposition (T6) e. For the minimum Height, facade& Facades shall be built parallel to the Principal Frontage Line along a minimum of seventy percent (70%) of its length on the Setback Line as shown in illustration 5.5 or as modified pursuant to Appendix B — Waterfront Design Guidelines, Section 2.3(a) for Frontages along a Waterfront. Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected. Section 5. This Ordinance shall become effective immediately after the adoption thereof and signature by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: v c: yarn a .33 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 4 of 4 Pile ID: 10773 (Revision:) Printed on: 10/7/2021 SUBSTITUTED City of Miami Legislation Ordinance Enactment Number City Hall 3500 Pan Ameican Driv Miami, FL 33133 www.miamigov.c File Number: 10773 Final Acti AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND! ORDINANCE NO. 13114, THE ZONING ORDINANCE OF TH MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), MOR SPECIFICALLY TO AMEND ARTICLE 3, SECTION 3.3.3 STANDARDS, SECTION 3.11 WATERFRONT STANDA SECTION 5.5 URBAN CENTER TRANSECT ZONES 5.6 URBAN CORE TRANSECT ZONES (T6) TO G REGARDING WATERFRONT BUILDING SETBAC CONJUNCTION WITH RECENT AMENDMENTS WATERFRONT DESIGN GUIDELINES; MAKI CONTAINING A SEVERABILITY CLAUSE; EFFECTIVE DATE. WHEREAS, on October 22, 2009, the City the Zoning Ordinance of the City of Miami, know ITY OF ATERFRONT S, ARTICLE 5, ), AND SECTION T FLEXIBILITY REQUIREMENTS IN 0 APPENDIX B FINDINGS; D PROVIDING FOR AN Date: ommission adopted Ordinance No. 13114, as the Miami 21 Code ("Miami 21 Code"); and WHEREAS, on January 24, 2019, th ity Commission adopted Ordinance No. 13804, amending Article 3, Section 3.11 Waterfro Standards to provide additional clarification to applicable boundaries and standards as •ciated with the term Waterfronts and identify location standards for Waterways and Waterbo► es; and WHEREAS, on July 22, 20 , the City Commission adopted Ordinance No. 14016, amending Appendix "B": Waterfr. t Walkway Design Guidelines to update and improve waterfront standards; and WHEREAS, the PI. ning, Zoning and Appeals Board ("PZAB"), at its meeting on , , following an advertised p - .lic hearing, adopted Resolution No. PZAB-R- - by a vote of to ( - ), Item No. PZAB. recommending of the Zoning Text Change; and WHEREAS he City Commission has considered the Planning Director's recommendation and WHE: AS, the City Commission has conducted a public hearing on the proposed text amendme and furth (` HEREAS, the City Commission has considered whether the proposed amendment will the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan NP"), the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; City of Miami File ID: 10773 (Revision:) Printed On: 10/4/2021 SUBSTITUTED NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION 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 Se on. Section 2. The Miami 21 Code is further amended, by amending Article 3 titled eneral to Zones" in the following particulars': "ARTICLE 3. GENERAL TO ZONES 3.3 LOTS AND FRONTAGES 3.3.3 Lots facing Thoroughfares on more than one (1) sid- hall have designated Principal Frontage(s) and may have Secondary Frontage(s). Unles otherwise designated by a Special Area Plan, a Principal Frontage shall be that facing the oroughfare of higher pedestrian importance or intensity (i.e., traffic volume, number of : nes, etc.), as determined by the Planning Department upon request by the Zoning A• inistrator. a. If two Thoroughfares are of equal importanc- each Frontage shall be considered a Principal Frontage. Lots with two or more Frontages m - consider other non -fronting Property Lines as sides. b. Lots shall have at least one (1) Principal Frontage, except waterfront Lots shall have at least two (2) Principal Frontages, one of w h shall be the waterfront and shall conform to Waterfront Setback Standards. However, Lots ich do not require a waterfront walkway per section 3.11 shall not consider the Waterfront - a Principal Frontage. For Waterfront Setbacks, see Section 3.11. and Appendix B — Waterfr• t Design Guidelines. c. Where an existing lot of r• cord is located adjacent to a Thoroughfare in a manner that creates an irregular Front- ie such that the side or rear yards cannot be determined as with a regular lot, the Zoning A . ministrator shall determine, by Waiver, the yard and setbacks for the lot as fits the circumst- ces of the case. In addition to general Waiver requirements, the Zoning Administrator shall . nsider the minimum dimensions and methods of measurement as generally require • or either a side or rear yard in the transect, determining which shall apply by the relation of t - portion of the lot on which the yard is to be located to the adjoining lot, with due regard to e orientation of structures and buildable areas on each lot. 3.11 ATERFRONT STANDARDS In addition to the Miami City Charter requirements, the following Setback, walkways and aterfront standards shall apply to all Waterfront properties within the City, except as 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. City of Miami File ID: 10773 (Revision:) Printed On: 10/4/2021 SUBSTITUTED modifications to these standards for all Waterfront 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 exce T3. a. Waterfront Setbacks 1. For properties fronting a Waterway, the Setback shall be a minimum of fifty (50) f measured from the mean high water line provided along any Waterfront, except w -re the depth of the Lot is less than two -hundred (200) feet the Setback shall be a minimum of enty-five percent (25%) of the Lot depth; and except for T3, T4-R, D1, D2 and D3 Trans ct Zones where a minimum Setback of twenty (20) feet shall be provided, except where the • pth of the Lot is less than eighty (80) feet the Setback shall be a minimum of twenty-five pe ent (25%) of the Lot depth. These requirements shall not apply to Marine Related Industri. Establishments along the Miami River. Within D1, D2 and D3 Transect Zones facilities ay span across man- made slips with a Structure to conduct marine -related commercial a • industrial activities. 2. For properties fronting a Waterbody, the Setback shall be a imum of twenty-five (25) feet measured from the mean high water line provided along any :terfront, except for the following: 1. Where the depth of the Lot is less than one-hun► ed (100) feet, the Setback shall be a minimum of twenty-five percent (25%) of the L. depth; and 2. For T3, T4-R, D1, D2, and D3 Transect Z. es, 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-fiv percent (25%) of the Lot depth. For other Lot configuration conflicts, e Setback may be reduced a maximum of fifty percent (50%) by process of Waiv 3. Waterfront Side Setbacks consistin• of one 1 or more lot lines •enerall •er•endicular to the greatest adjacent waterbody sh be equal in aggregate to at least twenty-five percent (25%) of the water frontage of eacLot based on average Lot Width, to allow View Corridors open from ground to sky and to • ow public access to the Waterfront; except for T3, TR-4, D1, D2, and D3 Transect Zones. Section 3. The iami 21 Code is further amended, by amending Article 5 titled "Specific to Zones" in the folio ing particulars:1 "ARTICLE 5. SPECIFIC TO ZONES 5.5 URBAN CENTER TRANSECT ZONES (T5) 5.5.1 c uilding Disposition (T5) e. For the minimum Height, facades Facades shall be built parallel to the Principal Frontage Line along a minimum of seventy percent (70%) of its length on the Setback Line as shown City of Miami File ID: 10773 (Revision:) Printed On: 10/4/2021 SUBSTITUTED in Illustration 5.5 or as modified pursuant to Appendix B — Waterfront Design Guidelines, Section 2.3(a) for Frontages along a Waterfront. 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.1 Building Disposition (T6) e. For the minimum Height, facades Facades shall be built parallel to the Prin• pal Frontage Line along a minimum of seventy percent (70%) of its length on the Setb. k Line as shown in Illustration 5.5 or as modified •ursuant to A• •endix B — Waterfront D• si•n Guidelines Section 2.3(a) for Frontages along a Waterfront. * * * * *„ Section 4. If any section, part of a section, paragraph, clau phrase, or word of this Ordinance is declared invalid, the remaining provisions of the Or•' ance shall not be affected. Section 5. This Ordinance shall become effective im and signature by the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: diately after the adoption thereof 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 File ID: 10773 (Revision:) Printed On: 10/4/2021