HomeMy WebLinkAboutPZAB (16304) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-24-053
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 16304 Date Rendered: 7/22/2024
A RESOLUTION OF THE MIAMI 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 1, SECTION 1.2, TITLED "DEFINITIONS /
DEFINITIONS OF TERMS," AND ARTICLE 7, TITLED "PROCEDURES AND
NONCONFORMITIES," TO PROVIDE FOR A BY -RIGHT ADMINISTRATIVE SITE
PLAN REVIEW ("ASPR") PROCESS AND A SIMPLIFIED BUILDING PERMIT REVIEW
PROCESS FOR APPROVED ASPR, EXCEPTION, VARIANCE, WARRANT, AND
WAIVER APPLICATIONS; PROVIDING FOR TOLLING OF ZONING APPROVALS
DURING PENDENCY OF CERTAIN LITIGATION; REPLACING THE TWO (2) YEAR
TIME LIMITATION AND OPTIONAL ONE (1) YEAR EXTENSION FOR OBTAINING
BUILDING PERMIT OR CERTIFICATE OF USE FOR AN EXCEPTION, VARIANCE,
WARRANT, WAIVER, OR ASPR WITH A THREE (3) YEAR TIME LIMITATION WITH
NO ADMINISTRATIVE EXTENSIONS; REVISING PHASED PROJECT
REQUIREMENTS AS TO APPROVAL BY PLANNING DIRECTOR AND TO REDUCE
PROPERTY SIZE LIMITATIONS; CLARIFYING PREVIOUSLY ADOPTED
FLOORPLATE LENGTH AND AREA WAIVER PROHIBITIONS; PROVIDING FOR
APPLICABILITY TO PRIOR APPLICATIONS AND APPROVALS; MAKING FINDINGS
AND TECHNICAL CHANGES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the Miami City Commission adopted Ordinance No.
13114 as the Zoning Ordinance of the City of Miami, Florida, which has been amended from
time to time ("Miami 21 Code"); and
WHEREAS, the Miami 21 Code provides for planning and zoning reviews of Exceptions,
Warrants, Waivers, Variances (collectively, "Special Permits"), and building permits for projects
in the City of Miami ("City"); and
WHEREAS, for projects that proceed "By Right," as defined in Miami 21 Code Section
1.2, and without a Special Permit, the Miami 21 Code currently provides no process to review
design drawings and grant a formal approval that would entitle or vest the design against
changes to the Miami 21 Code such that an applicant may rely upon the design approval prior to
expending significant funds on complete mechanical, electrical, plumbing, and structural plans;
and
WHEREAS, as a policy, the Office of Zoning has historically offered a Building Permit
Dry Run review, as defined in Section 10-4(a) of the Code of the City of Miami, Florida, as
amended, ("City Code") for projects anticipated to proceed By Right; and
Date Rendered: 7/22/2024
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WHEREAS, the Dry Run review process cannot be relied upon as a zoning entitlement
or to vest against changes to the Miami 21 Code and may still subject applicants to expensive
redesigns of projects if omissions or errors are found when building permits are applied for; and
WHEREAS, the City wishes to offer a formal approval akin to a Special Permit for those
projects that intend to proceed By Right but that are not yet ready to apply for a building permit;
and
WHEREAS, the Miami 21 Code requires projects approved by a Special Permit to be
redesigned if an error or omission is found during the building permit review, even though the
Office of Zoning and Planning Department previously reviewed and approved the applicable
plans; and
WHEREAS, this process results in duplicative review by the Office of Zoning and
Planning Department and increased uncertainty and expense to applicants; and
WHEREAS, the City desires to provide certainty in the development process and more
efficiently use existing staff resources to reduce wait times for permits; and
WHEREAS, the Miami 21 Code allows the Zoning or Planning Director, as applicable, to
grant a one-year extension to any Special Permit beyond its two-year expiration date; and
WHEREAS, processing such extensions requires City staff to review additional
paperwork but without possessing criteria for denial; and
WHEREAS, simply providing a three-year expiration date without the need for
requesting a discretionary extension would grant additional certainty for exercising rights under
a Special Permit or ASPR; and
WHEREAS, in addition to such changes to Article 7 of the Miami 21 Code, the City
wishes to clarify and reassert previous changes to Article 7 related to prohibitions on Waiver
requests for floorplate length or floorplate area increases, to create greater certainty as to the
rules governing such requests; and
WHEREAS, the City wishes to offer streamlined permitting reviews and greater certainty
in the permitting process; and
WHEREAS, full consideration was given to the Planning Director's as to this proposed
text amendment; and
WHEREAS, a public hearing was held on the proposed text amendment; and
WHEREAS, consideration has been given as to whether the proposed text 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, consideration has been given as 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;
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NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. It is recommended to the City Commission that Article 1 of the Miami 21 Code
is amended in the following particulars:
1
"ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
Adaptive Use: Rehabilitation or renovation of existing Building(s) for any Use(s) other than the
present Use.
Administrative Site Plan Review: Optional permit approving dimensioned site plans, floor plans,
elevations, zoning data, and related diagrams for a Use, Structure, or combination thereof for
one or more uses permitted By Right, as provided in section 7.1.2.10. Also known as an
"ASPR."
Adult: An adult is a person eighteen (18) years of age or older.
By Right: A Use or Structure allowed pursuant to zoning review and approval of a Building
Permit or issuance of a Certificate of Use under Article 7, Section 7.1.2.1., titled "Permitted
Uses " and without approval by Waiver, Warrant, Exception, Variance, or other required City
Commission, Historic and Environmental Preservation Board, or Planning, Zoning, and Appeals
Board approval.
Urban Development Review Board or UDRB: The board governed by Chapter 62, Article IX of
the City Code, as may be amended from time to time.
*„
Section 3. It is further recommended to the Miami City Commission that Article 7 of the
Miami 21 Code is amended in the following particulars:
"ARTICLE 7. PROCEDURES AND NONCONFORMITIES
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.
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Applicant
1
Zoning
Office
Referral
1 1
By Right
(includin Waiver
g ASPR)
1
1
Preapplication
1 1
Submit to
Zoning Office*
1
1
1
1
1
Zoning Office
Decision
1 1
1 1
1
Building
Permit
DIAGRAM 14 PERMITTING PROCESS
1
Warrant
(Uses Only)
1
Preapplication
1
Submit to
Planning
Department*
1 1
PD 1 CRC
1 1
Planning
Department
Decision
1
1
1 1
Building Building
Permit Permit
PD Planning Department
CRC Coordinated Review Committee
PZAB Planning Zoning and Appeals Board I
1
Exception
1
Preapplication
1
Submit to
Planning
Department*
1
1 CRC
1
Planning
Department
Certification
1
File with
Hearing
Boards*
1
PZAB
1
1
Building
Permit
1 1
Variance Zoning
Change
1 1
Preapplication Preapplication
1
Submit to
Planning
Department*
1
1
Planning
Department
Certification
1
File with
Hearing
Boards*
1
PZAB
1
1
Building
Permit
1
Submit to
Planning
Department*
1
1
Planning
Department
Certification
1
File with
Hearing
Boards*
1
PZAB
1
City
Commission
1
Building
Permit
Note: The above table summarizes only the most common processes. In certain circumstances,
the Miami 21 Code, the City Code, and the Miami -Dade County Code of Ordinances may
require additional reviews such as but not limited to from the UDRB, the Historic and
Environmental Preservation Board, or Miami -Dade County's Biscayne Bay Shoreline
Development Review Committee.
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7.1 PROCEDURES
7.1.1 Authorities
7.1.1.1 Zoning Administrator
a. Functions, powers and duties. A Zoning Administrator, appointed by and responsible to
the City Manager, shall be responsible for administration and enforcement of the Miami
21 Code as provided herein, with such assistance as the City Manager may direct. For
purposes of this Code, the functions, powers and duties of the Zoning Administrator
more specifically include:
1. To determine whether applications for ASPRs or building permits as required by
the Building Code are in accord with the requirements of this zoning ordinance.
No ASPR or building permit shall be issued without approval of zoning
compliance by the Zoning Administrator that plans and applications conform to
applicable zoning regulations, except as provided in Section 7.1.2.
7.1.1.2 Planning Director
a. Functions, powers and duties. A Planning Director, appointed by and responsible to the
City Manager, shall be responsible for administration of the Miami 21 Code, as provided
herein, with such assistance as the City Manager may direct. For purposes of this Code,
the functions, powers and duties of the Planning Director more specifically include:
3. To review and provide findings and recommendations to the Zoning
Administrator regarding certain applications for ASPR and administrative Waiver
pursuant to the standards of the Miami 21 Code.
7.1.2 Permits
a. The permits that may be necessary to develop property under the Miami 21 Code
include the following: Warrant; Waiver; Exception; Variance. Administrative Site Plan
Review; and amendment to the Code (including text amendments, rezoning and Special
Area Plans). The permits are illustrated in Article 7, Diagram 14.
b. In addition, certain approvals may be necessary to confirm that uses are permitted uses
under the Code, which are zoning approval (by right), certificate of use, planning
determination, or zoning interpretation.
c. Permits issued in error shall convey no rights to any party-,. and The the Zoning
Administrator shall require corrections to be made, except in the following
circumstances: unless
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1. construction has commenced on that portion of the construction that was permitted in
error, or
2. correction of an error in an approved Warrant, Waiver, Exception, Variance, or
Administrative Site Plan Review that is not discovered prior to application for building
permit may only be required during the building permit review process if such error
results in a structure or property: containing a Use prohibited by this Code;
exceeding maximum allowed Density, Intensity, or Height provided in this Code;
violating minimum Setback requirements provided in this Code; presenting a threat
to life safety as determined by the Building Department; or containing a violation of a
requirement administered exclusively by the City Department of Resilience and
Public Works or successor department responsible for public works.
d. The time to act upon any approval granted pursuant to this Code shall be tolled during
the pendency of (i) any appeal or other litigation challenging such approval and (ii) any
appeal or other litigation concerning another development permit, development order, or
other permit or approval that the City requires for the development that is the subject of
such approval.
7.1.2.1 Permitted Uses
A An ASPR or building permit for those permitted Uses as set forth in Article 4, Table 3 of this
Code shall be approved By Right when the Use meets all of the applicable standards of the
Miami 21 Code, and the other specific requirements that may be enumerated elsewhere in the
City Code.
a. Zoning approval
1. A Subject to Section 7.1.2, an ASPR or building permit shall be issued only after a
zoning approval from the Zoning Administrator has been obtained indicating that the
application meets the applicable provisions of the Miami 21 Code.
2. Upon an affirmative finding by the Zoning Administrator that plans and application
submitted are complete and in compliance with the applicable requirements of the Miami
21 Code, an approval shall be entered on the application and on the applicable ASPR or
building permit and, if otherwise lawful, the permit shall be issued to the applicant,
together with one copy of the approved plan.
3. Except as provided in Section 7.1.2, 14 if the application and plan are not in full in
compliance with the requirements of the Miami 21 Code, the application shall not be
approved and the applicant notified in writing of the reasons for such decision, with
citation to the legal authority for any denial of a permit.
4. Where a Warrant, Waiver, Exception, Variance, or ASPR has been approved in
accordance with this Code, zoning and planning department review of a building permit
application shall be limited to ensuring conformity with the approved permit, except as
provided for in Section 7.1.2 or to the extent the building permit application contains a
modification to a previously approved component.
7.1.2.4 Warrant
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The Warrant permits those Uses listed in Article 4, Table 3 of this Code as requiring a Warrant,
upon review by the Planning Director or with the additional review of the Coordinated Review
Committee.
c. Review and approval process.
4. A Warrant shall be valid for a period of two (2) three (3) years,, during which a building permit
or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one
the Planning Director. All Warrants that are unexpired as of [insert date of adoption of the
Ordinance) and for which a one-year extension as previously provided in this paragraph were
not already obtained are deemed extended by one (1) year.
7.1.2.5 Waiver
The Waiver permits minor deviations from the Miami 21 Code in certain specified circumstances
as provided in the various articles of this Code and as consistent with the Guiding Principles in
Article 2 of this Code. Waivers are not intended to relieve specific cases of financial hardship,
nor to allow circumventing of the intent of this Code. A Waiver may not be granted if it conflicts
with the City Code or the Florida Building Code.
29. As appropriate to the nature of the Waiver involved and the particular circumstances of the
case, a ten percent (10%) deviation of numerical standards specified in this Code may be
approved by process of Waiver. Application of this Waiver shall be consistent with the Guiding
Principles in Article 2, promote the intent of the particular Transect Zone, and be in compliance
with the criteria listed in subsections (a), (b), or (c). A ten percent (10%) Waiver shall not be
combined with any other specified Waiver of the same standard.
(a) A ten percent (10%) Waiver shall not be applied to the following standards:
1. Density;
2. Intensity;
3. Height;
4. Floorplate Area and,
5. Floorplate Length;
56. Access aisle width;
67. Loading berth type and size dimensional standards (except for vertical
clearance);
�8. Lot Coverage where a Flexible Lot Coverage program is available;
89. Side and Rear Setbacks on a T5 or T6 Lot for those sides or rear Lot lines
sharing an adjacent property line to a T3 Lot; or
4-911. Distance thresholds triggering the requirement of a cros Clock cross -
Block Passage.
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f. A Waiver shall be valid for a period of two (2) three (3) years, during which a building permit
or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A
approval by the Zoning Administrator. All Waivers that are unexpired as of [insert date of
adoption of the Ordinance) and for which a one-year extension as previously provided in this
paragraph were not already obtained are deemed extended by one (1) year.
7.1.2.6 Exception
As identified in Article 4, Table 3 of this Code, a Use may be permitted by Exception in specific
Transect Zones if it conforms to criteria of this Miami 21 Code. Exceptions may also be
permitted as provided in this Code, such as for adjustments to nonconformities as provided in
Section 7.2. Except as otherwise provided in this Code, the Planning, Zoning and Appeals
Board shall determine whether an Exception may be granted.
e. An Exception shall be valid for a period of two (2) three (3) years, during which a building
permit or Certificate of Use must be obtained. This excludes a demolition or landscape
permit. A one (1) time extension, for a period not to cxcccd an additional y ar, may be
obtained upon approval by the Planning Director. All Exceptions that are unexpired as of
[insert date of adoption of the Ordinance) and for which a one-year extension as previously
provided in this paragraph were not already obtained are deemed extended by one (1) year.
7.1.2.7 Variance
g.
A project for which the Variance has been obtained shall be valid for a period of two (2)
three (3) years, during which a Building Permit or Certificate of Use must be obtained. This
excludes a demolition or landscape permit. A one time extension, for a period not to exceed
an additional y r, may be obtained upon approval by the Planning Director. All such
projects that are unexpired as of [insert date of adoption of the Ordinance) and for which a
one-year extension as previously provided in this paragraph were not already obtained are
deemed extended by one (1) year.
7.1.2.10 Administrative Site Plan Review (ASPR)
a. An ASPR is an optional permit that may be sought for any Use or Structure that is eligible to
proceed By Right and may be applied for regardless of whether the applicant has also
applied for a building permit.
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b. Required submittals.
At minimum, an application for ASPR shall include all submittal requirements identified in
Sections 7.1.3.2 and 7.1.3.3.
c. Review criteria and approval process.
1. The Zoning Administrator shall review each ASPR application for compliance with the
applicable provisions of the Miami 21 Code, this Section 7.1.2.10, and the other specific
requirements that may be enumerated elsewhere in this Code or the City Code.
2. The Zoning Administrator shall issue a written decision to approve, approve with
conditions, or deny an ASPR application after the application is deemed complete
pursuant to the Miami 21 Code. An application that has obtained prescreen approval
through the City's electronic submission process shall be deemed complete.
3. If planning review is required by the Miami 21 Code or requested by the Zoning
Administrator, the Planning Director shall be included as a reviewing discipline
simultaneously and shall provide all recommendations and findings on the ASPR
application after receipt of a complete application. The Planning Director's review shall
be governed by Article 4, Table 12 — Design Review Criteria, of the Miami 21 Code,
where applicable.
4. Where the Miami 21 Code requires, or the Planning Director elects pursuant to Section
7.1.1.2 to seek, UDRB review, a complete ASPR application shall be promptly referred
to the UDRB for review pursuant to Chapter 62, Article IX of the City Code.
5. An ASPR shall be approved if the application complies with all applicable regulations.
6. Approvals may be granted subject to such conditions as may be necessary to comply
with all applicable regulations.
7. An ASPR that does not comply with applicable regulations shall be denied. Denials shall
include citations to the relevant regulations and other legal authority and a complete list
of comments on the application from all applicable disciplines, if any.
d. An ASPR shall be valid for a period of three (3) years, during which a building permit or
Certificate of Use must be obtained. This excludes a demolition or landscape permit.
e. Approval of an ASPR shall vest the proposed development against: further planning and
zoning reviews in subsequent development permit applications, except as provided for in
Section 7.1.2 or to the extent such subsequent application contains a modification to a
previously approved component; and subsequent amendments to the City Code or the
Miami 21 Code that would require modifications to the approved development.
7.1.3.2 Generally
a. The Zoning Office shall direct an applicant for a permit under this Code to the appropriate
office for the review of the permit application by issuing a Zoning Referral. Preapplication
package forms for specific permits shall be provided by the city administration to assist the
applicant in the review and approval process. For all applications, the following information
shall be required:
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7. Phased project. A phased project is one which, due to its magnitude, is hay to be
developed in stages. Such project shall contain a minimum of one (1) acre three (3)
acre of land.
i. Any such project shall establish the maximum development capacity for the subject
property.
ii. At the time of qualification by the Planning Director and Zoning Administrator, the
project shall be owned by a single entity or subsidiaries of one (1) entity and.
iii. A phased project may occupy contiguous lands, separated only by streets or alleys,
and will be considered as one (1) project for the purpose of calculating all zoning
requirements.
iv. A phased project must be qualified by the Planning Director and Zoning
Administrator, at the written request of the property owner.
c. When any combination of a Warrant, Waiver or Exception is requested for a particular
project, one application for the highest ranking permit shall be sufficient for review, and
lower ranking approvals need not be applied for separately.
1. Although only one application is required to be filed, the project must meet the criteria for
all the approvals requested.
2. Applications shall be ranked as follows: Waivers, Warrants, and Exceptions.
3. Special Area Plans, Variances, and amendments to the Miami 21 Code shall always
require separate applications and approvals.
4. The approval of any administrative permit shall be contingent on the approval of all
permits requiring public hearing, and the appeal period for any required administrative
approval shall be stayed pending the approval of the last permit requiring public hearing.
It is provided, however, that where a proposed development requires both a permit
requiring a public hearing and a lower ranking Waiver and the public hearing permit is
approved but such Waiver was omitted, the Waiver shall be deemed approved.
7.1.3.3 For By Right permits and ASPRs
For By Right permits and ASPR approvals, the applicant shall also provide a complete set of
plans, signed and sealed as required by the Florida Building Code, which should include:
a. Location plan at minimum scale of 1:200, of project within Neighborhood structure as shown
in the Zoning Atlas, including plat plan of Neighborhood and Building footprints of
Neighborhood or superimposition of project on aerial photograph.
*„
Section 4. It is further recommended that an application that the Office of Zoning had
previously approved to proceed as a Dry Run and that is being actively pursued as of the date
of adoption of this ordinance may be converted to an ASPR application at the applicant's option
by submitting a written notification to the Zoning Administrator and paying the applicable review
fee, provided that where a Dry Run fee was previously paid, only a difference between the
previous fee and the ASPR fee shall be due. Such conversion is perfected only upon additional
review by the Office of Zoning to confirm the application complies with all applicable laws as of
the date of the request for conversion.
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Section 5. 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 6. Until such time as Chapter 62 of the City Code is amended to include a
specific fee for an ASPR, the fee shall be the same as a Waiver.
Section 7. This Resolution shall become effective immediately upon its adoption.
Reviewed and Approved:
David Snow
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