HomeMy WebLinkAboutPZAB (11836) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-22-012
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 11836 Final Action Date: 6/1/2022
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
("PZAB"), RECOMMENDING APPROVAL 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 ZONING CODE" ), MORE
SPECIFICALLY BY AMENDING ARTICLE 3, TITLED "GENERAL TO ZONES,"
SECTION 3.5.2 AS IT RELATES TO GROUND FLOOR HEIGHT ALLOWANCES, IN
ORDER TO CORRECT INCONSISTENCIES AND PERMIT ADDITIONAL FLEXIBILITY
IN THE DESIGN OF BUILDINGS; CONTAINING A SEVERABILITY CLAUSE AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the Miami City Commission adopted
Ordinance No. 13114 as the City of Miami's ("City") Zoning Ordinance ("Miami 21
Code"); and
WHEREAS, in certain Transect Zones the Miami 21 Code permits a ground Story
of up to twenty-five (25) feet in Height where ground floor retail uses are provided,
however, retail is not a permitted use in certain Transect Zones including T5-R and T6-
R and the Height is limited to a maximum of fourteen (14) feet; and
WHEREAS, in those same Transect Zones, the Miami 21 Code requires that a
Loading Berth of fifteen (15) feet in height is required, which cannot be achieved with a
fourteen (14) foot height limitation; and
WHEREAS, this proposed text amendment to Article 3, Section 3.5.2 is
necessary to remove the above inconsistencies in the Miami 21 Code; and
WHEREAS, in addition to eliminating the inconsistency in the Miami 21 Code, the
proposed amendment allows additional design flexibility and architectural expression by
permitting a ground floor story that incorporates any use allowed in Article 4, Table 3 to
extend up to twenty-five (25) feet in Height; and
WHEREAS, after the public hearing on the proposed amendment, the PZAB
recommended that the ordinance be further amended to reflect that where buildings
abut a T3 zoned property the overall height shall not exceed 70-ft;
NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING
AND APPEALS BOARD:
City of Miami Page 1 of 3 File ID: 11836 (Revision: A) Printed On: 6/14/2022
Section 1. The recitals and findings contained in the Preamble to this Resolution
are adopted and incorporated as if fully set forth in this Section.
Section 2. the PZAB recommends to the City Commission that Ordinance No.
13114, the Zoning Ordinance ("Miami 21 Code") of the City of Miami, Florida, be
amended by making modifications to Article 3 in the following particulars 1:
"ARTICLE 3. GENERAL TO ZONES"
3.5.2 A Story is a Habitable level within a Building e# with a maximum Height of fourteen
(14) feet in Hcight from finished floor to finished floor. Basements are not considered
Stories for the purposes of determining Building Height. A ground level retail Story may
exceed this limit up to a total height of twenty-five (25) feet,-. A ground level rctail Story
may exceed fourteen (14) feet or up to a total Height of thirty (30) feet when a rctail
establishment i& located in the Special Flood Hazard Area, given that the finished floor
of the ground level meets the Average Sidewalk Elevation. A single floor level
exceeding fourteen (14) feet or twenty-five (25) feet at ground level rctail (or thirty (30)
feet at ground level for rctail within the Special Flood Hazard Area), shall be counted as
two (2) Stories; except for T6-36, T6-48, T6-60, T6-80, and D1, where a single floor
level exceeding fourteen (14) feet may count as one (1) story if the building height does
not exceed the maximum height, including all applicable bonuses, allowed by the
transect at fourteen (14) feet per floor. Whcrc 4The first two stories arc rctail, thcir total
combined Height shall not exceed thirty-nine (39) feet or {forty-four (44) feet in the
Special Flood Hazard Areal. and tThe first floor shall be a minimum of fourteen (14)
feet in Height or {nineteen (19) feet in the Special Flood Hazard Areal. Mezzanines may
not exceed thirty-three percent (33%) of the Habitable Space Floor Area, except fe-F in
the D1, where mezzanines may not exceed fifty percent (50%) of the Habitable Space
Floor Area. Mezzanines extending beyond thirty-three percent (33%) of the Floor Area,
or fifty percent (50%) of the Floor Area in D1, shall be counted as an additional floor.
The Height of a Parking Structure concealed by a Liner may be equal to the Height of
the Liner; this may result in a Liner Story concealing more than one level of Parking.
* * *33
Section 3. The PZAB further recommends that the ordinance be amended to
provide the following exception: that where buildings abut a T3 zoned property the
overall height shall not exceed 70-ft.
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 3 File ID: 11836 (Revision: A) Printed On: 6/14/2022
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of
this Resolution is declared invalid, the remaining provisions of this Resolution shall not
be affected.
Section 5. This Resolution shall become effective immediately upon its
adoption.
Reviewed and Approved:
David sow, Assistant Director 6/13/2022
City of Miami Page 3 of 3 File ID: 11836 (Revision: A) Printed On: 6/14/2022