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HomeMy WebLinkAboutO-14051City of Miami Ordinance 14051 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 10770 Final Action Date: 2/10/2022 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AMEND APPENDIX C — MIDTOWN OVERLAY DISTRICT, SECTION 627.1.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA", AND SECTION 627.1.7, TITLED "MAXIMUM HEIGHT, BUILD -TO, MINIMUM SETBACK AND USE REQUIREMENTS"; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSOR(S): Commissioner Jeffrey Watson WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the City of Miami's ("City") Zoning Ordinance ("Miami 21 Code"); and WHEREAS, on November 25, 2003, the City Commission adopted Ordinance No. 12447 creating the SD-27 Florida East Coast Railway ("FEC") Corridor and subsequently adopted Ordinance No. 12688 on May 26, 2005, modifying the name as the Midtown Miami Special District ("District") and incorporated it into the Miami 21 Code as Appendix C; and WHEREAS, the District is of special and substantial public interest given its proximity to Downtown Miami, the Omni Area, the Design District, Miami Beach, the Wynwood Neighborhood, and to future proposed commuter transit facilities within the FEC Corridor; and WHEREAS, the objective of the District is to promote neighborhood redevelopment through medium to high -density mixed -use development and provide intensive new housing opportunities needed to sustain future commercial growth and commuter transit facilities; and WHEREAS, the District promotes the design of buildings as strategically located visual gateway structures by providing greater allowable height at strategic street intersections; and WHEREAS, the southwest corner of the intersection of Northeast 36 Street and Northeast 2 Avenue ("Gateway 1") is the only vacant site of three (3) such gateway sites; and WHEREAS, the Zoning Transects outside the District that abut the "Gateway 1" parcel are T6-12-0, "Urban Core -Open", to the north with a maximum height of twenty (20) stories, T6- 24A-O, "Urban Core -Open", to the northeast with a maximum height of forty-eight (48) stories, and T6-36A-O, "Urban Core -Open", to the east with a maximum height of sixty (60) stories; and WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on October 6, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-039 by a vote of seven to zero (7 - 0), Item No. PZAB.8, recommending approval of the Zoning Text Change as stated herein; and City of Miami Page 1 of 6 File ID: 10770 (Revision: A) Printed On: 6/9/2025 File ID: 10770 Enactment Number: 14051 WHEREAS, the City Commission has considered the Planning Director's recommendations; and WHEREAS, the City Commission has conducted a public hearing on the Zoning Text Change as stated herein; and WHEREAS, the City Commission has considered whether the Zoning Text Change as stated herein will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the Zoning Text Change as stated herein, including changed or changing conditions that make the passage of the Zoning Text Change 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 Ordinance are adopted by reference and incorporated herein as if fully set forth in this Section. Section 2. Appendix C of the Miami 21 Code is hereby amended in the following particulars: "APPENDIX C — MIDTOWN OVERLAY DISTRICT * * SD-27.1 Midtown Miami East Special District * * 627.1.6. Building Placement and buildable area. 6. Gateway Designations. As provided in Section 627, gateway sites shall be as follows: 4- Gateway 1: The SW corner of the intersection of NE 36th Street and NE 2nd Avenue; and Gateway 2: The SE corner of the intersection of NE 34th Street and NE 1st Place. 627.1.7 Maximum height, Build -to, Minimum Setback and Use Requirements. TABLE INSET: 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 indicated omitted and unchanged material. City of Miami Page 2 of 6 File ID: 10770 (Revision: A) Printed on: 6/9/2025 File ID: 10770 Enactment Number: 14051 SD 27.1 Maximum height, Build -to, Minimum Setback and Use Requirements Street/Classificatio n (Ground Floor Height/Number of Stories Building/Setbac k 300' and 28 stories 200' Midtown Boulevar for mixed -use on the estern side of the street Primary Buena Vista venue Primary East Coast venue Tertiary Podium Setback** 15' setback above 0' setback on 75' for the eastern side buildings designate d as a gateway Tower Uses Setback** 70' setback above 120' elevation 350' and 33 stories or the20' Build -To on maximum Height as the western •ermitted under the side (maximum designated Miami 21 allowable Transect Zone if encroachment designated as a for 80' of linear Ggateway 1 frontage) 60' for commercial single -use 35' setback above 30' elevation on the western side 0' Build -To 65% active ground floor uses required No setback requirement s for gateway 1 buildings Liner uses on all parking structures All SD 27.1 uses permitted N/A All SD 21.1 uses permitted 200' for mixed -use on the eastern side of street 300' and 28 stories adjacent to the FEC corridor 15' setback above 30' elevation on the east side 5' setback 350' and 33 stories if designated as a gateway NE 36th Street Primary 350' and 33 Stories or the maximum Height as permitted under the designated Miami 21 Transect Zone if designated as Gateway 1 15' setback above 75' elevation N/A Liner Uses on parking structures Liner Uses on parking structures 9' Build -To with colonnade or awning 15' setback above 75' elevation east of Midtown N/A All SD 27.1 uses permitted 65% active ground floor uses required City of Miami Page 3 of 6 File ID: 10770 (Revision: A) Printed on: 6/9/2025 File ID: 10770 Enactment Number: 14051 Boulevard 15' setback above 60' elevation west of Midtown Boulevard NE 29th Street Primary 300' and 28 stories 9' Build -To with colonnade or awning 30' setback above 75' elevation Liner uses on all parking structures All SD 27.1 uses permitted N/A 65% active ground floor uses Liner uses on all parking Structures NE 30th, NE 32nd, NE 35th Street 300' and 28 Stories 5' setback 350' and 33 stories or the maximum Hei•ht as ermitted under the Secondary designated Miami 21 Transect Zone if designated as a G = ateway 1 NE 34th Street (East of Midtown) 15' setback above 75' elevation N/A All SD 27.1 uses permitted All SD 27.1 uses permitted 300' and 28 stories 0' setback 15' setback above 75' elevation N/A Restaurant or Retail Uses are required along 70' at intersectio n with Midtown Boulevard 65% active ground floor uses required City of Miami Page 4 of 6 File ID: 10770 (Revision: A) Printed on: 6/9/2025 File ID: 10770 Enactment Number: 14051 Primary 120' for mixed -use or theater/entertainment/civi c use 200' for mixed -use NE 31 st NE 33rd Street and NE 34th Terrace (side 300 and 28 stories setbacks) Tertiary Liner uses on all parking structures 55' above 20' Build -To 75' elevation N/A Liner uses on all parking structures and ground floor 300' and 33 stories if 35' setback designated as a gateway above 25' 4 ,elevation FEC Corridor (No Street frontage) 300' and 28 stories 350' and 33 stories or the maximum Height as permitted under the designated Miami 21 Transect Zone if designated as a Ggateway 1 40' Build -To 55' setback above 75' elevation All SD 27.1 uses permitted N/A Liner uses on all parking structures All SD 27.1 uses permitted Dedicated Open Space greater tha 300' and 28 stories 4,000 square feet 0' Build -To N/A N/A Liner uses on all parking structures 350' and 33 stories if designated as Ggateway 1 All SD 27.1 uses permitted * Podium setbacks are for elevations between seventy-five (75) feet and one hundred twenty (120) feet. ** Tower setbacks are for elevations greater than one hundred twenty (120) feet. 1. Gateway designations shall be as defined in Section 627.1.6. 2. Height limitations as described herein shall not prohibit additional height allowances as described in section 627.1.6. *„ Section 3. 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. City of Miami Page 5 of 6 File ID: 10770 (Revision: A) Printed on: 6/9/2025 File ID: 10770 Enactment Number: 14051 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 Miami 21 Code, which provisions may be renumbered or re -lettered 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 ten (10) days after final reading and adoption thereof2. APPROVED AS TO FORM AND CORRECTNESS: ndez, City ttor ey 11/8/2021 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 6 of 6 File ID: 10770 (Revision: A) Printed on: 6/9/2025