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HomeMy WebLinkAboutPZAB (15974) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-040 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 15974 Date Rendered: 6/25/2024 A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD 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 CODE") MORE SPECIFICALLY BY AMENDING ARTICLE 5, TITLED "SPECIFIC TO ZONES," TO MODIFY SIDE AND/OR REAR SETBACK ENCROACHMENTS AND ASSOCIATED DESIGN REQUIREMENTS FOR T5 — URBAN CORE TRANSECT ZONE, T6 — URBAN CENTER TRANSECT ZONES, AND CI -HD — CIVIC INSTITUTION ZONES - HEALTH DISTRICT; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114 was adopted as the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, the guiding principles of the Miami 21 Code include that architecture and landscape design should grow from local climate, topography, history, and building practice, and those buildings should allow their inhabitants to experience the geography and climate through energy efficient design; and WHEREAS, an amendment is necessary to modify side and/or rear setback encroachments and introduce associated design and landscape buffer requirements when abutting "T3" — Sub Urban Transect Zone; and WHEREAS, the proposed amendments would allow design flexibility so that encroachments such as Balconies and other shading and screening devices may be of an inviting and usable size, without compromising interior space and with provisions to protect neighboring T3 properties; and WHEREAS, a continuous densely planted vegetation Screen provided along any Property Line that abuts a T3 Transect Zone will assist to mitigate any visual impact from neighboring T3 properties; and WHEREAS, Balconies and other shading and screening devices create shade on the elevation of Buildings that improves energy efficiency; and WHEREAS, consideration has been given to the need and justification for the proposed text amendment, including changed or changing conditions that make the passage of the proposed text amendment necessary; and Date Rendered: 6/25/2024 City of Miami Page 1 of 9 File ID: 15974 (Revision:) Printed On: 6/25/2024 WHEREAS, consideration has been given to the relationship of the proposed text amendment to the goals, objectives, and policies of the Miami Neighborhood Comprehensive Plan, the Miami 21 Code, and other City regulations; NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING AND APPEALS BOARD: 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. It is recommended to the Miami City Commission that Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 5 in the following particulars': "5.5 URBAN CENTER TRANSECT ZONES (T5) 5.5.2 Building Configuration (T5) a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Illustration 5.5. b. Encroachments shall be as follows: 1. At the first Story in the First Layer, stairs, ramps, and other elements used for vertical circulation shall not be permitted, except in the following circumstances: a. For Rights -of -Way with an adjacent Sidewalk ten (10) feet or greater, stairs, ramps, and other elements used for vertical circulation may encroach up to fifty percent (50%) of the First Layer for that portion of the site where the adjacent Sidewalk is ten (10) feet or greater. b. For portions of Lots with a depth of one hundred (100) feet or less and a Right -of -Way with an adjacent Sidewalk ten (10) feet or less, stairs, ramps, and other elements used for vertical circulation may encroach up to fifty percent (50%) of the First Layer for twenty percent (20%) of the length of the Frontage subject to the following criteria for enhanced walkway design with review and approval by the Planning Director: i. Maintain a minimum clear circulation zone of twelve (12) feet including a minimum of three (3) feet of clear public Sidewalk for eighty percent (80%) of the Frontage; and ii. Maintain a minimum clear circulation zone of ten (10) feet including a minimum of three 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 an unchanged material. City of Miami Page 2 of 9 File ID: 15974 (Revision:) Printed On: 6/25/2024 (3) feet of clear public Sidewalk for twenty percent (20%) of the Frontage. Minimum circulation zone may be reduced to eight (8) feet when trees are placed within the Right -of - Way at those points. c. For Lots with a length of three hundred (300) feet or more and a Right -of -Way with an adjacent Sidewalk ten (10) feet or less, stairs, ramps, and other elements used for vertical circulation may encroach up to fifty percent (50%) of the First Layer for twenty percent (20%) of the length of the Frontage subject to the following criteria for enhanced walkway design with review and approval by the Planning Director: i. Maintain a minimum clear circulation zone of twelve (12) feet including a minimum of three (3) feet of clear public Sidewalk for eighty percent (80%) of the Frontage; and ii. Maintain a minimum clear circulation zone of ten (10) feet including a minimum of three (3) feet of clear public Sidewalk for twenty percent (20%) of the Frontage. Minimum circulation zone may be reduced to eight (8) feet when trees are placed within the Right -of - Way at those points. d. In the event an existing Building is raised in order to bring the finished floor elevation above the Base Flood Elevation plus Freeboard, stairs and ramps required for vertical circulation may encroach one hundred percent (100%) of the Setback by process of Waiver. 2. At the first Story in the First Layer, cantilevered Awnings and cantilevered entry canopies may encroach up to one hundred percent (100%) of the depth of the Setback; except as may be further allowed by Chapter 54 of the City Code. 3. Above the first Story in the First Layer, cantilevered balconies, bay windows, roofs and Facade components promoting energy efficiency such as shading and Screening devices that are non -accessible, may encroach a maximum of three (3) feet into the Setback. Other cantilevered portions of the Building shall maintain the required Setback. 4. At the Second and Third Layers no encroachments are permitted. Awnings, balconies, bay windows, chimneys, roofs, stairs, and Facade components promoting energy efficiency such as shading and Screening devices may encroach up to three (3) feet of the depth of the Side and/or Rear Setbacks. A densely planted vegetation Screen shall be provided and maintained along any Property Line that abuts a T3 Transect Zone and fronts the encroaching Structure. Said Screen shall include the following components: i. a combination of trees and shrubs using a variety of Florida -friendly species per Article 9, Section 9.1, titled "Plant Quality," that will mature to create a continuous visual Screen; and City of Miami Page 3 of 9 File ID: 15974 (Revision:) Printed On: 6/25/2024 ii. tree specimens shall have a 3" caliper and a minimum height of fourteen (14) feet at planting and a minimum height of twenty-five (25) feet at maturity, except where the height and location of overhead power -lines requires the planting of low growing trees, which shall have a minimum height of eight (8) feet, a minimum caliper of two (2) inches at time of planting and a mature height and spread not encroaching within five (5) feet of overhead power -lines; and iii. shrubs shall be planted at a maximum average spacing of thirty (30) inches on center or if planted at a minimum height of thirty-six (36) inches, shall have a maximum average spacing of forty-eight (48) inches on center and shall be maintained so as to form a continuous, unbroken and solid visual screen within one (1) year after time of planting. 5. When a Lot abuts an existing Single family residence Building, the Building Elevation and/or Balconies on the rear or side shall be set back a minimum of three (3) feet from the property line. 5.6 URBAN CORE TRANSECT ZONES (T6) 5.6.2 Building Configuration (T6) a. Development within Private Frontages shall comply with Article 4, Table 2 and 6 and Illustration 5.6. b. Above the eighth floor, the Building Floorplate dimensions shall be limited as follows: 1. 15,000 square feet maximum for Residential & Lodging Uses in T6-8, T6-12 and T6-24 2. 18,000 square feet maximum for Residential & Lodging Uses in T6-36, T6-48, T6-60 and T6-80 3. 180 feet maximum length for Residential & Lodging Uses 4. Balconies or any other exterior projections shall not project by a distance greater than twelve (12) feet beyond the Building Floorplate maximum length in any direction 5. Balconies shall not encroach more than five (5) feet into the minimum required Building spacing dimensions as required by Section 5.6.1.h; no Waivers shall be applied to this provision c. Encroachments shall be as follows: 1. At the first Story in the First Layer, stairs, ramps, and other elements used for vertical circulation shall not be permitted, except in the following circumstances: a. For Rights -of -Way with an adjacent Sidewalk ten (10) feet or greater, stairs, ramps, and other elements used for vertical circulation may encroach up to fifty percent (50%) of the First Layer for that portion of the site where the adjacent Sidewalk is ten (10) feet or greater. City of Miami Page 4 of 9 File ID: 15974 (Revision:) Printed On: 6/25/2024 b. For portions of Lots with a depth of one hundred (100) feet or less and a Right -of -Way with an adjacent Sidewalk ten (10) feet or less, stairs, ramps, and other elements used for vertical circulation may encroach up to fifty percent (50%) of the First Layer for twenty percent (20%) of the length of the Frontage subject to the following criteria for enhanced walkway design with review and approval by the Planning Director: i. Maintain a minimum clear circulation zone of twelve (12) feet including a minimum of three (3) feet of clear public Sidewalk for eighty percent (80%) of the Frontage; and ii. Maintain a minimum clear circulation zone of ten (10) feet including a minimum of three (3) feet of clear public Sidewalk for twenty percent (20%) of the Frontage. Minimum circulation zone may be reduced to eight (8) feet when trees are placed within the Right -of - Way at those points. c. For Lots with a length of three hundred (300) feet or more and a Right -of -Way with an adjacent Sidewalk ten (10) feet or less, stairs, ramps, and other elements used for vertical circulation may encroach up to fifty percent (50%) of the First Layer for twenty percent (20%) of the length of the Frontage subject to the following criteria for enhanced walkway design with review and approval by the Planning Director: i. Maintain a minimum clear circulation zone of twelve (12) feet including a minimum of three (3) feet of clear public Sidewalk for eighty percent (80%) of the Frontage; and ii. Maintain a minimum clear circulation zone of ten (10) feet including a minimum of three (3) feet of clear public Sidewalk for twenty percent (20%) of the Frontage. Minimum circulation zone may be reduced to eight (8) feet when trees are placed within the Right -of - Way at those points. d. In the event an existing Building is raised in order to bring the finished floor elevation above the Base Flood Elevation plus Freeboard, stairs and ramps required for vertical circulation may encroach one hundred percent (100%) of the Setback by process of Waiver. 2. At the first Story in the First Layer, cantilevered Awnings and cantilevered entry canopies may encroach up to one hundred percent (100%) of the depth of the Setback; except as may be further allowed by Chapter 54 of the City Code. 3. Above the first Story in the First Layer, cantilevered balconies, bay windows, roofs or Facade components promoting energy efficiency, such as shading and Screening devices that are non -accessible, may encroach up to three (3) feet into the Setback; except: City of Miami Page 5 of 9 File ID: 15974 (Revision:) Printed On: 6/25/2024 a. For Buildings with an Established Setback Area greater than a ten (10) foot setback, balconies above the first Story may encroach up to one third (1/3) of the Established Setback Area beyond the allowable three (3) foot encroachment. b. Other cantilevered portions of the Building shall maintain the required Setback. 4. Above the eighth Story when additional setbacks are required as detailed in Illustration 5.6, Facade components promoting energy efficiency such as shading and Scrccning devices, that arc non accessible or balconies may encroach a maximum of three (3) feet. At the Second and Third Layers Awnings, balconies, bay windows, chimneys, roofs, stairs and Facade components promoting energy efficiency such as shading and Screening devices may encroach up to three (3) feet of the depth of the Side and/or Rear Setbacks. A densely planted vegetation Screen shall be provided and maintained along any Property Line that abuts a T3 Transect Zone and fronts the encroaching Structure. Said Screen shall include the following components: i. a combination of trees and shrubs using a variety of Florida -friendly species per Article 9, Section 9.1, titled "Plant Quality," that will mature to create a continuous visual Screen; and ii. tree specimens shall have a 3" caliper and a minimum height of fourteen (14) feet at planting and a minimum height of twenty-five (25) feet at maturity, except where the height and location of overhead power -lines requires the planting of low growing trees, which shall have a minimum height of eight (8) feet, a minimum caliper of two (2) inches at time of planting and a mature height and spread not encroaching within five (5) feet of overhead power -lines; and iii. shrubs shall be planted at a maximum average spacing of thirty (30) inches on center or if planted at a minimum height of thirty-six (36) inches, shall have a maximum average spacing of forty-eight (48) inches on center and shall be maintained so as to form a continuous, unbroken and solid visual screen within one (1) year after time of planting. 5. When a Lot abuts an existing Single family residence Building, the Building Elevation and/or Balconies on the rear or side shall be set back a minimum of three (3) feet from the property line. 5.8 CIVIC INSTITUTION ZONES — HEALTH DISTRICT (CI -HD) 5.8.2 Building Configuration (CI -HD) City of Miami Page 6 of 9 File ID: 15974 (Revision:) Printed On: 6/25/2024 a. Development within Private Frontages shall comply with Article 4, Tables 2 and 6 and Illustration 5.8. b. It is recommended that above the eighth floor, the Building Floorplate dimensions be limited as follows: 1. 15,000 square feet maximum for Residential Uses 2. 30,000 square feet maximum for Commercial Uses and for parking 3. 180 feet maximum length for Residential Uses 4. 215 feet maximum length for Commercial Uses Civil Support and Educational Uses within the CI -HD Transect Zone shall have no maximum Floorplate dimensions. c. Encroachments may be as follows: 1. At the first Story in the First Layer, stairs, ramps, and other elements used for vertical circulation shall not be permitted, except in the following circumstances: a. For Rights -of -Way with an adjacent Sidewalk ten (10) feet or greater, stairs, ramps, and other elements used for vertical circulation may encroach up to fifty percent (50%) of the First Layer for that portion of the site where the adjacent Sidewalk is ten (10) feet or greater. b. For portions of Lots with a depth of one hundred (100) feet or less and a Right -of -Way with an adjacent Sidewalk ten (10) feet or less, stairs, ramps, and other elements used for vertical circulation may encroach up to fifty percent (50%) of the First Layer for twenty percent (20%) of the length of the Frontage subject to the following criteria for enhanced walkway design with review and approval by the Planning Director: i. Maintain a minimum clear circulation zone of twelve (12) feet including a minimum of three (3) feet of clear public Sidewalk for eighty percent (80%) of the Frontage; and ii. Maintain a minimum clear circulation zone of ten (10) feet including a minimum of three (3) feet of clear public Sidewalk for twenty percent (20%) of the Frontage. Minimum circulation zone may be reduced to eight (8) feet when trees are placed within the Right -of - Way at those points. c. For Lots with a length of three hundred (300) feet or more and a Right -of -Way with an adjacent Sidewalk ten (10) feet or less, stairs, ramps, and other elements used for vertical circulation may encroach up to fifty percent (50%) of the First Layer for twenty percent (20%) of the length of the Frontage subject to the following criteria for enhanced walkway design with review and approval by the Planning Director: i. Maintain a minimum clear circulation zone of twelve (12) feet including a minimum of three (3) feet of clear public Sidewalk for eighty percent (80%) of the Frontage; and City of Miami Page 7 of 9 File ID: 15974 (Revision:) Printed On: 6/25/2024 ii. Maintain a minimum clear circulation zone of ten (10) feet including a minimum of three (3) feet of clear public Sidewalk for twenty percent (20%) of the Frontage. Minimum circulation zone may be reduced to eight (8) feet when trees are placed within the Right -of - Way at those points. d. In the event an existing Building is raised in order to bring the finished floor elevation above the Base Flood Elevation plus Freeboard, stairs and ramps required for vertical circulation may encroach one hundred percent (100%) of the Setback by process of Waiver. 2. At the first Story in the First Layer, cantilevered Awnings and cantilevered entry canopies may encroach up to one hundred percent (100%) of the depth of the Setback, except as may be further allowed by Chapter 54 of the City Code. 3. Above the first Story in the First Layer, cantilevered balconies, bay windows, roofs, and Facade components promoting energy efficiency, such as shading and Screening devices that are non - accessible, may encroach a maximum of three (3) feet of the depth of the Setback. Other cantilevered portions of the Building shall maintain the required Setback. /1 . At the Second Layer no encroachments are permitted, except that facade components promoting energy efficiency such as shading and Screening devices that are non accessible may encroach a maximum of three (3) feet. 5. Above the eighth Story when additional setbacks arc required a� detailed in Illustration 5.8, Facade components promoting energy efficiency such as shading and Scrccning devices, that arc non acco ciblc, or balconies may encroach a maximum of three (3) feet. 4. At the Second and Third Layers Awnings, balconies, bay windows, chimneys, roofs, stairs and Facade components promoting energy efficiency such as shading and Screening devices may encroach up to three (3) feet of the depth of the Side and/or Rear Setbacks. A densely planted vegetation Screen shall be provided and maintained along any Property Line that abuts a T3 Transect Zone and fronts the encroaching Structure. Said Screen shall include the following components: i. a combination of trees and shrubs using a variety of Florida - friendly species per Article 9, Section 6.1 `Plant Quality' that will mature to create a continuous visual Screen; and ii. tree specimens shall have a 3" caliper and a minimum height of fourteen (14) feet at planting and a minimum height of twenty-five (25) feet at maturity, except where the height and location of overhead power -lines requires the planting of low growing trees, which shall have a minimum height of eight (8) feet, a minimum caliper of two (2) inches at time of planting and a mature height and spread not encroaching within five (5) feet of overhead power -lines; and City of Miami Page 8 of 9 File ID: 15974 (Revision:) Printed On: 6/25/2024 iii. shrubs shall be planted at a maximum average spacing of thirty (30) inches on center or if planted at a minimum height of thirty-six (36) inches, shall have a maximum average spacing of forty-eight (48) inches on center and shall be maintained so as to form a continuous, unbroken and solid visual screen within one (1) year after time of planting. 5. When a Lot abuts an existing Single family residence Building, the Building Elevation and/or Balconies on the rear or side shall be set back a minimum of three (3) feet from the property line. *11 Section 3. 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 4. This Resolution shall become effective immediately upon its adoption. Reviewed and Approved: David Snow City of Miami Page 9 of 9 File ID: 15974 (Revision:) Printed On: 6/25/2024