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HomeMy WebLinkAboutO-14156City of Miami Ordinance 14156 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12839 Final Action Date: 3/9/2023 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") BY AMENDING APPENDIX C — MIDTOWN OVERLAY DISTRICT, SECTION 627.1.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA," SECTION 627.2.6, TITLED "BUILDING PLACEMENT AND BUILDABLE AREA," SECTION 627.2.7, TITLED "MAXIMUM HEIGHT, BUILD -TO, MINIMUM SETBACK AND USE REQUIREMENTS," AND SECTION 627.2.12, TITLED "SURFACE PARKING AND PARKING GARAGES"; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the City of Miami's Zoning Ordinance ("Miami 21 Code"); and WHEREAS, on November 25, 2003, the City of Miami ("City") Commission adopted Ordinance No. 12447, creating the SD-27 Florida East Coast ("FEC") Railway 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 Railway 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 Planning, Zoning and Appeals Board ("PZAB") at its meeting on February 1, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23- 016 by a vote of five to two (5-2), Item No. PZAB.13, recommending approval of the Miami 21 Code text amendment as stated herein; and WHEREAS, the City Commission has considered whether the proposed amendments 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 6 File ID: 12839 (Revision: B) Printed On: 6/27/2025 File ID: 12839 Enactment Number: 14156 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; and WHEREAS, the City Commission has considered the Planning Director's recommendations and conducted a public hearing on the proposed amendment; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 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. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Appendix C Midtown Overlay District Section 627.1.6, 627.2.6, Section 627.2.7, and Section 627.2.12 in the following particulars:1 "APPENDIX C — MIDTOWN OVERLAY DISTRICT SD-27.1 Midtown Miami East Special District 627.1.6. Building Placement and Buildable Area. * 2. Floor Area Limitations. Floor Area Limitations. Floor area limitations of the SD 27.1 district shall be as follows: Allowable increase in floor area up to five tenths (0.5) or one and fifty hundredths (1.5) times for a Gateway Site will be provided for payment into a FEC Corridor Neighborhood Improvement Trust Fund. The floor area for all mixed -use buildings shall not exceed three (3.0) times the gross lot area. Ground floor retail in mixed -use buildings shall not be included in floor area calculations. Except as otherwise provided below, the floor area ratio shall not exceed one and seventy-two hundredths (1.72) times the gross lot area for single use commercial buildings. SD-27.2 Midtown Miami West Special District 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 6 File ID: 12839 (Revision: B) Printed on: 6/27/2025 File ID: 12839 Enactment Number: 14156 Buena Vista Avenue (south of 34th Street) 627.2.6. Building Placement and Buildable Area. 2. Floor Area Limitations. Floor Area Limitations. Floor area limitations of the SD 27.2 district shall be as follows: Allowable increase in floor area up to five tenths seventy-five hundredths (0.75) will be provided for payment into a FEC Corridor Neighborhood Improvement Trust Fund. The floor area for all mixed -use buildings shall not exceed three (3.0) times the gross lot area. Ground floor retail in mixed -use buildings shall not be included in floor area calculations. Except as otherwise provided below, the floor area ratio shall not exceed one and seventy-two hundredths (1.72) times the gross lot area for single use commercial buildings. 627.2.7 Maximum height, Build -to, Minimum Setback and Use Requirements. TABLE INSET: SD 27.2 Maximum height, Build -To, Minimum Setback and Use Requirements Street/Classification Midtown Boulevard Primary Height 60' for commercial Ground Floor Building To single -use 300' 120' for residential or mixed- use Buena Vista Avenue (north of 34th Street) Primary 60' for commercial single -use 120' for mixed -use 60' for commercial 20' Build -To Area between the building frontage and based building line shall be improved as open space. Maximum Allowable encroachment (0' build -to) for 80' of linear frontage per block 0' Build -To IMid-level Setback* Upper - level Uses Setback** 35' setback above 60' N/A elevation N/A All SD 27.2 uses permitted except that Big Box retail shall not be permitted from 31 st Street to 36th Street. Liner uses on all parking structures 15' setback above 60' elevation 0' Build -To N/A All SD 27.2 uses permitted 15' All SD 27.2 setback fuses permitted City of Miami Page 3 of 6 File ID: 12839 (Revision: B) Printed on: 6/27/2025 File ID: 12839 Enactment Number: 14156 Primary NE 36th Street Primary NE 29th Street Primary single -use 120' for mixed -use or theaters 60' for commercial single -use 120' for mixed -use or theaters 60' for commercial single -use or 180' 120' for mixed use above 60' elevation 9' setback with colonnade or awning Maximum Setback of N/A 20' N/A North Miami Avenue Primary NE 34th Street Primary 60' for commercial single -use 120' for 15' setback above 60' elevation N/A N/A All SD 27.2 uses permitted Liner uses on all parking structures except as otherwise provided in Section 627.2.12 All SD27.2 uses permitted Liner uses on all parking structures except as otherwise provided in Section 627.2.12 9' Build -To with colonnade or awning 5' build -to from centerline of NE 36th N/A mixed -use Street south for a 200' for mixed distance use and gateway 1 requirement 60' for commercial single -use 120' for mixed -use NE 32nd Street Secondary of 315' 0' Build -To 60' for commercial 0' Build -To single -use 15' setback above 60' All SD 27.2 uses permitted Liner uses on all parking structures except as otherwise provided in Section 627.2.12 15' setback above 20' N/A elevation All SD 27.2 uses permitted Liner uses on all parking structures except as otherwise provided in Section 627.2.12 10' setback above 20' N/A 30% active ground floor uses All SD 27.2 uses City of Miami Page 4 of 6 File ID: 12839 (Revision: B) Printed on: 6/27/2025 File ID: 12839 Enactment Number: 14156 NE 31 st Street Secondary NE 30th 33rd, 35th Street and NE 34th Terrace Secondary Dedicated Open Space greater than acre Interior Side 120' for mixed -use 60' for commercial single -use 250' 120' for mixed -use 60' for commercial single -use 0' Build -To 120' for mixed -use 0' Build -To 60' for commercial 1 single -use 120' for mixed -use —160' for commercial single -use 0' Setback N/A N/A 120' for imixed-use 0' Build -To elevation N/A N/A N/A permitted 30% active ground floor uses All SD 27.2 uses permitted 30% active ground floor N/A uses All SD 27.2 uses permitted N/A All SD 27.2 uses permitted All SD 27.2 uses permitted 627.2.12 Surface Parking and Parking Garages. 1. Ground level off-street parking is not permitted along frontages of primary streets. 2. Blank, unarticulated walls shall not be permitted for parking garage facades that are not lined with uses. Such facades shall have architectural treatments designed to be compatible with adjacent buildings. Ramps, stairwells and any other portion of a garage should be buffered with the use of decorative grilles and screens, landscaping, and other varied materials. 3. As provided in Section 627.2.7, liner uses are generally required on parking garages that front primary streets. When such liner uses are on primary streets for a minimum of 70% of the frontage, a parking structure may exceed seventy-five feet (75') in height up to one hundred twenty-three feet (123') in height. When required, ground level parking facilities must be lined with active uses. Upper level parking facilities that do not incorporate liner uses shall be setback no less than 85' and shall not exceed a height of 50'. All other requirements provided herein shall apply. * *„ 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: 12839 (Revision: B) Printed on: 6/27/2025 File ID: 12839 Enactment Number: 14156 Section 4. This Ordinance shall become effective immediately upon adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor 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: 12839 (Revision: B) Printed on: 6/27/2025