HomeMy WebLinkAboutPZAB (10654) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-21-040
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 10654 Final Action Date: 10/6/2021
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB") RECOMMENDING APPROVAL TO THE CITY COMMISSION OF 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 TO AMEND ARTICLE 3,
SECTION 3.3.3 WATERFRONT STANDARDS, SECTION 3.11 WATERFRONT
STANDARDS, ARTICLE 5, SECTION 5.5 URBAN CENTER TRANSECT ZONES (T5),
AND SECTION 5.6 URBAN CORE TRANSECT ZONES (T6) TO GRANT FLEXIBILITY
REGARDING WATERFRONT BUILDING SETBACK REQUIREMENTS IN
CONJUNCTION WITH RECENT AMENDMENTS TO APPENDIX B WATERFRONT
DESIGN GUIDELINES; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, known as the Miami 21 Code ("Miami 21 Code"); and
WHEREAS, on January 24, 2019, the City Commission adopted Ordinance No. 13804,
amending Article 3, Section 3.11 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. 14016,
amending Appendix "B": Waterfront Walkway Design Guidelines to update and improve
waterfront standards; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the
Planning Director's recommendations; and
WHEREAS, PZAB has conducted a public hearing on the proposed text amendment;
and
WHEREAS, PZAB has considered whether the proposed amendment will further the
goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the
Miami 21 Code, and other City regulations; and
WHEREAS, PZAB has considered the need and justification for the proposed change,
including changed or changing conditions that make the passage of the proposed change
necessary;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS:
City of Miami Page 1 of 5 File ID: 10654 (Revision: 8) Printed On: 11/1/2021
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 PZAB recommends approval to the Miami City Commission of an
amendment to the Miami 21 Code, as amended, to amend Article 3. Titled "General to Zones" in
the following particulars1:
"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
Principal Frontage(s) and may have Secondary Frontage(s). Unless otherwise
designated by a Special 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 B — 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.
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 Page 2 of 5 File ID: 10654 (Revision: 8) Printed On: 11/1/2021
3.11 WATERFRONT STANDARDS
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, 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 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 body of water 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.
City of Miami Page 3 of 5 File ID: 10654 (Revision: 8) Printed On: 11/1/2021
Section 3. The PZAB recommends approval to the Miami City Commission of an
amendment to the Miami 21 Code, as amended, to amend Article 5. Titled "Specific to
Zones" in the following particulars:
"ARTICLE 5. SPECIFIC TO ZONES
5.5 URBAN CENTER TRANSECT ZONES (T5)
5.5.1 Building Disposition (T5)
e. For the minimum Height, facadcs 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.
5.6 URBAN CORE TRANSECT ZONES (T6)
5.6.1 Building Disposition (T6)
e. For the minimum Height, facadcs 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 Resolution is declared invalid, the remaining provisions of the Resolution shall not
be affected.
Section 5. This Resolution shall become effective immediately after the adoption
thereof.
Reviewed and Approved:
City of Miami Page 4 of 5 File ID: 10654 (Revision: 8) Printed On: 11/1/2021
cgsa�-Pops AI P Director, de mo e t o lanning 10/13/2021
City of Miami Page 5 of 5 File ID: 10654 (Revision: 8) Printed On: 11/1/2021