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HomeMy WebLinkAboutO-08213i 2 • 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 M 23 24 25 2G 27 28 29 30 31 32 33 34 35 ORDINANCE NO. 8213 AN ORDINANCE AMENDING ORDINANCE NO. 6871, ARTICLE IV, BY ADDING A NEW SECTION 40, ENVIRONMENTAL CONTROLS. SETTING FORTP ENVIRONMENTAL CONTROLS FOR WATERFRONG LAUDS TO INCLUDE SITE PLAN REVIEW, MINIMUM YARD DEPTH OF TWENTY (20) FEET ALONG THE WATER- FRONT, MINIMUM SETBACK FOR UNDERGROUND STRUCTURES OF TEN (10) FEET, REQUIREMENTS FOR ACCESSORY STRUCTURES AND NO PARKING OR STORAGE WITHIN TWENTY (2n) FEET OF WATERFRONT, SETTING FORTH LANDSCAPE ru OIP.LMENTS FOR ALL YARD AREAS, SETTING FORTH LANDSCAPE REQUIREMENTS FOR DECK AREAS NOT EXCEEDING THREE AND ONE- HALF (3 1/2) FEET ADOVE GROUND LEVEL, SETT :NC' FORTH LANDSCAPING REQUIREMENTS FOR DECK AREAS EXCEEDING THREE AND ONE-HALF (3 1/2) FEET ABOVE GROUND LEVEL, SETTING FORTH THE MINIMUM REQUIREMENTS FOR LANDSCAPE MATERIALS; AND REPEALING ALL LAWS IN CONFLICT HEREWITH; PROVID- ING FOR A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Board, at its meeting of September 24, 1973, Item No. 11, following an advertised Hearing, adopted Resolution No. 73-204 by an 8 to 0 vote (one member absent) recommending an amendment to Ordinance No. 6871, Article XV, by adding a new Section 40 - Titled - "ENVIRONMENTAL CONTROLS"; NOW, THEREFORE, DE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Article IV of Ordinance No. 6871 is hereby amended by adding a new Section 40 entitled "Environmental. Controls" to read as follows: 36 "SECTION 40 - Environmental Controls. (1) Waterfront Lands - Excepting property located in R-IA, R-1B, R-i and i1-2 zones of one acre or less, all properties abutting the waterfront, rivertror.c and/or their tributaries shall be affected by the provisions of this sub -sects (a) Site plan *review - Development of all waterfront properties requires site plan review by the Planning Department, to ascertain that devel- opment is in accord with the intent of these regulations. (b) Waterfront yard areas - A rninimuna yard area averagirt (2 0) feet in depth shall be provided along any waterfront. :n no i;itance shall the above yard area be less than `fteen (15) feat in depth. (c) In all districts underground structures shall maintain a minimum setback of ten (10) feet from any waterfront. (d) Accessory structures shall not be located in any tequired waterfront yard area except for such necessary structures as boat slips, boar ramps, davits, mast markers, walkways, landscape furniture, anti the like, approved in conjunction with the site plan review by t;-ie Planning Department. (e) No parking or storage shall be permitted within twenty (20) feet ci the waterfront. When parking or storage is within any portion ci required waterfront yard area or is adjacent to a waterfront ya.r•_i or setback area, said parking or storage Shall be screened from view along the waterfront, with appropriate hedges, walls and land- scape materials. (2) Landscaping - (a) A11 yard areas, including required usable open space, required o. provided, shall be landscaped and/or treated as set forth herein. The term "yard area" used herein shall include all lot area that not built upon or used for off-street parking, driveways, recrea- tion and other permitted necessary uses. 1. AU yard areas shall contain a minimum of one (I) shade or flowering tree on the average of every fifty (50) feet on center along the width or length of such yard area or fur c:ace one thousand ‘1,000) square feet of yard provided, whichever requires the greatest number of trees. 2. In addition to trees, all yard areas shall be appro- priately landscaped with scrubs. hedges, ground cover; a.nd other similar type materials. In par- ticular, the aforementioned landscape elaterials snail be utilized, in addition to :va11s if necessary, to screen parking or, ether vehicle use areas, trawl or garbage collection areas, utility areas or yard.& , or rtorage areas or yards. (b) Deck areas, plazas and roof areas of underground struc- tures, not exceeding three and one hald (3 I/2) feet above ground level, shall be landscaped and/or treated in the following manner. 1. A minimum of one (1) shade or flowering tree shall be provided for each one thousand (1,000) square feet of deck, plaza or roof area. The trees shall be planted in pl.a.nting wells which are a minimum of twenty-five (25) square feet in area, with a minimum dimension of five (5) feet, and which penetrate the deck, plaza or roof area, to the ground. 2. Additional landscaping such as, but not limited to, shrubs, hedges, and ground cover shall be provided in the rni o.rnure amount of seventy-five (75) square feet of landscaped area for each one thousand (1, 000) square feet of deck, plaza or roof area. 3. If the deck, plaza or roof area is used for parking, that portion used for parking shall be landscaped in accord with the off-street parking, landscaping re- quirements, and the cars shall be screened from view from adjacent public rights -of -way. Trees re- quired shall be planted in planting wells which are a minimum of twenty-five (25) square feet in area, with a minimum dimension of five (5) feet, and which penetrates the deck, plaza or roof area to the ground.. (c) Deck areas, plazas and roof areas exceeding a height of tnree and one-half (3 i/2) feet above ground level, whetrr used for parking or required usable open space, shall be landscaped and/or treated in the Collowing manner: _• ,. 1. A minimum of one (1) tree: shall be provided for each one thpusand (1,000) square feet of usable open space on a deck or plaza or roof area. The trees sha11 be in a planting area of a. 1.east fifty (50) square feet in ' area, with a minimum dimension of five (5) leer. Additional landscaping, such as, but not limited to: ehrube, hedges and ground cover, shall be provided in the minimum amount of one hundred and fifty (150) square feet of landscaped area for each one thousand (1,000) square feet of usable open space on a plaza, deck or roof area. 2. If the deck, plaza or roof area is used for parking, said area shall be landscaped in accord with the off- street parking, landscaping requirements, and the cars shall be screened from view from adjacent pub- lic right-of-way. (d) Landscaping Material l.. All plant materials required herein shall be graded "Florida No. 1", or better, as defined in Grades and Standards for Nursery Plants, Part I and II, by the State of Florida Department of Agriculture. 2. Trees shall be at least eight (8) to ten (10) feet in overall height upon planting and shall be of an ap- proved variety as set forth on an "approved tree list" on file in the Building Department. 3. Trees planted at ground level or in planting wells that extend to the ground shall be of a shade or flowering variety which shall attain an average mature spread greater than fifteen (15) feet and a trunk which can be maintained in a clean condition with over five (5) feet of clear wood. 6114 i rees planted a:3ove g:Quad level snail actairi 3.z ave.age raaiu.re 3pread greater than filteten 1 and a trunk which ':3..n Oe maintained in a clean c.,n- dition wi:a over viva (3) feet oi clear wood. 5. Saru'os and'hedges snail he a raiaiz-.1urn oi two and one -hail (2. L/ ?) feet in height upon ?lancing, cr ed.�e .:.ateriai shall be ola..s:ac. a riaxxiinurn of two and one -h .l.f ;a W.) feet ozi center, and r-iaintaindQ 513 as to foxes a continuous, unbroken, solid, visual screen within a m,aK- --ium of one (1) year after ?lanc- ing. 6. Landscape areas provided pursuant to this section, and as a part of a multiple family, office, corn::ier- . cial and/or industrial use, shall be equipped with an irrigation or sprinkler system serving each of the landscape areas." Section 2 .--A-1.-1 ordinances , code sections or parts thereof in ccn f l ict herewith, insofar as they are in conflict, are hereby repealed. Section 3. If any sectior.,:sentence, clause. phrase or word of this ordinance is for any reason held or declared to be unconstitutional, in- operative or void, such holding or invalidity shall not affect the remain- irtc; portions of this ordinance, and it: shall be construed to have been the intent of the Commission of the City of Miami to pass this ordinance without such unconstitutional, 'invalid, or inoperative part therein; and the remainder of this ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. PASSED on First Reading by title only this 25th day of October 1973. PASSED AND ADOPTED on Second and Final Reading by title only this day of D©cemb� , 1973. ATTEST: 0 RALPH G. ONGTE ACTING CITY CLERK MAURICE A. FERRE MAYOR M!AMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally rip - peered Martha Drobnle, who on oath says that She is the V.P., Legal Ads of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper published at Miami in Dade County Florida; that the attached copy of adver• tisement, being a Legal Advertisement or Notice In the matter of City of Miami, Florida Re: Adoption of Ordinance No. 8213 In the XXX Court. was published In said newspaper In the Issues of December 20, 1973 Affiant further says that the said Miami Review and Daily Record Is a newspaper published at Miami, In said Dade County, Florida, and that the said news• paper hes heretofore been continuously published In said Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami, in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. • ,worn to and subscribed before me this 2O th day of December A.D. 1g.,.7.3.. Janet Leo Notary Public. State of Florida at Large (SEAL) My Commission efipires • April 15, 1977. Litt tit »Ail potf�EttoittibA t I1t Alt tntereste swill take flatlet that on the lath day of Decem- ber, 1973 the Commission of the City of Miami, Florida adopted I an ordinance entitled - AN ORDINANCE AMEND- ; -ING ORDINANCE NO. 6S71, ARTICLE TV. BY ADDING :\ NEW SECTION 40, EN VIRONNMENTAL C'ON- TROLS, SETTING FORTH ENVIRONMENTAL CON- TROLS FOR WATER- FRONT LANDS TO IN- CLUDE SITE PLAN REVIEW. MINIMUM YARD DEPTH OF TWENTY (20) FEET ALONG .' THE WATERFRONT. MINIMUM SETBACK FOR UNDER- GROt.'ND STRUCTURES OF TEN (10) FEET, REQt'iRE- 11ENTS FOR :\CCE.'SORY PARKING OR STORAGE WITHIN TWENTY (20) FEET OF WATERFRONT. SETTING FORTH LAND- SCAPE REQUIREMENTS FOR ALL YARD .±RE.\S. SETTING FORTH LAND- SCAPE REQt'IREMENT.S FOR DECK AREAS NOT EXCEEDING TIIREE AND CNF-HALF (1 ') FEET .1P(`VE GROUND LEVEL, SETTING FORTH LAND- SCAPING REQUIREMENTS FOR DECK AREAS EX- CEL -LING THREE AND C•NL-HAALF r3 10 FEET AI CVE GT.OtXD LEVEL. SETTING FORTH THE MINIM I.* M REQU IRE- MENT= FOR LANDSCAPE tarzr;I.\Lr: .AND RE- P ALL LAWS IN coNFLICT HERE- R': PFt WIPING FOR A SEVER ABILITY CLAUSE. wh'.rh is leslcnated Ordlnanoc N. S213, Ii. D. S''LTHERN CITY CLIRK CITY OF MIAMI, FLCRIDA pr '•at. n ,•f this nrtice on the i ;;i .jayc f December, 1973. Ad No. 120719 i 1 n.. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 +1,4 /:'9 3 SEC, ORDINANCE NO. / % / ' 9 s ea AN ORDINANCE AMENDING ORDINANCE NO. 6871, ARTICLE IV, BY ADDING A NEW SECTION 40, ENVIRONMENTAL CONTROLS, SETTING FORTH ENVIRONMENTAL CONTROLS FOR WATERFRONG LANDS TO INCLUDE SITE PLAN REVIEW, MINIMUM YARD DEPTH OF TWENTY (20) FEET ALONG THE WATER- FRONT, MINIMUM SETBACK FOR UNDERGROUND STRUCTURES OF TEN (10) FEET, REQUIREMENTS FOR ACCESSORY STRUCTURES AND NO PARKING OR STORAGE WITHIN TWENTY (20) FEET OF WATERFRONT, SETTING FORTH LANDSCAPE REQUIREMENTS FOR ALL YARD AREAS, SETTING FORTH LANDSCAPE REQUIREMENTS FOR DECK AREAS NOT EXCEEDING THREE AND ONE- HALF (3 1/2) FEET ABOVE GROUND LEVEL, SETTING FORTH LANDSCAPING REQUIREMENTS FOR DECK AREAS EXCEEDING THREE AND ONE-HALF (3 1/2) FEET ABOVE GROUND LEVEL, SETTING FORTH THE MINIMUM REQUIREMENTS FOR LANDSCAPE MATERIALS; AND REPEALING ALL LAWS IN CONFLICT HEREWITH; PROVID- ING FOR A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Board, at its meeting of September 24, 1973, Item No. 11, following an advertised Hearing, adopted Resolution No. 73-204 by an 8 to 0 vote (one member absent) recommending an amendment to Ordinance No. 6871, Article IV, by adding a new Section 40 - Titled - "ENVIRONMENTAL CONTROLS"; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Article IV of Ordinance No. 6871 is hereby amended by adding a new Section 40 entitled "Environmental Controls" to read as follows: "SECTION 40 - Environmental Controls. (1) Waterfront Lands - r.xceotin, pro,a-.rt•r located in a-1A, R-13, 3-1 and R-2 zones of one acre or less, all properties abutting the waterfront, riveriront and/or their tributaries shall be affected. by the provisions,of this sub-sectior— (a) (b) Site plan review - Development of all waterfront properties requires site plan review by the Manning Department, to ascertain that devel- opment is in accord with the intent of these regulations. Waterfront yard areas - A minimum yard area averaging twenty (2 ) feet in depth shall be provided along any waterfront. In no instance shall the above yard area be less than fifteen (15) feet in depth. (c) In all districts underground structures shall maintain a minimum setback of ten (10) feet from any waterfront. (d) Accessory structures shall not be located in any required waterfront yard area except for such necessary structures as boat slips, boat ramps, davits, mast markers, walkways, landscape furniture, and the like, approved in conjunction with the site plan review by the Panning Departrnent. (e) No parking or storage shall be permitted within twenty (20) feet of the waterfront. When parking or storage is within any portion of a required waterfront yard area or is adjacent to a waterfront yard or setback area, said parking or storage shall be screened from view along the waterfront, with appropriate Hedges, walls and land- scape materials. (2) Landscaping - (a) A11 yard areas, including required usable open space, required or provided, shall be landscaped and/or treated as set forth herein. The term "yard area" used herein shall include all lot area that is not built upon or used for off-street parking, driveways, recrea- tion and other permitted necessary uses. 1. All yard areas shall contain a minimum of one (1) shade or flowering tree on the average of every fifty (50) feet on center along the width or length • of 3uCr1 yard ari'.a or :or ea::i., one thousand (1,000) square feat of yard provided, whichever •requires the 7reatest number f-n tr"es. 2. In addition to trees, <<11 yard areas shall be appro- priately landscaped with shrubs, hedges, ground cover; and ogler sirn.lar type materials. in par- ticular, the aforerner.tioned landscape materials shall be utilized, in addition to walls if necessary, to screen parking or other vehicle use areas, trash or garbage collection areas, utility areas or yards, or storage areas or yards. (b) Deck areas, plazas and roof areas of underground struc- tures, not exceeding three and one hald (3 1/2) feet above ground level, shall be landscaped and/or treated in the following manner: 1. A minimum of one (1) shade or flowering tree shall be provided for each one thousand (1, 000) square feet of deck, plaza or roof area. The trees shall be planted in planting wells which are a minimum of twenty -live (25) square feet in area, with a minimum dimension of five (5) feet, and which penetrate the deck, plaza or roof area, to the ground. 2. Additional landscaping such as, but not limited to, shrubs, hedges, and ground cover shall be provided in the minimum amount of seventy-five (75) square feet of landscaped area for each one thousand (1, 000) square feet of deck, plaza or roof area. 3. If the deck, plaza or roof area is used for parking, that portion used for parking shall be landscaped in accord with the off-street parking, landscaping re- quirements, and the cars shall be screened from view from adjacent public rights -of -way. Trees re- quired shall be planted in planting wells which are a rninirnum of twenty-five (23) square feet in area, with a minimum dimension of five (3) feet, and which p,-retraces the deck, plaza or roof area to the :ground. (c) (d) Deck areas, plazas aid roof areas exceeding a height of three and une-half (3 1,1221 fee. d'JCP e ti level, wrlerL used for pariu g Or i eouir eci usauie open space, shall be landscaped and/or 1. A minimum o one (1) tree shall be provided for each one thousand (1,000) scuare feet of usable open space on a deck or plaza or roof area. The trees shall be in a planting area of at least fifty (50) square feet in area, with a minimum dimension of five (5) feet. •Additional landscaping, such as, but not limited to, shrubs, hedges and ground cover, shall be provided in the minimum amount of one hundred and fifty (150) square feet of landscaped area for each one thousand (1,000) square feet of usable open space on a plaza, deck or roof area. Z. If the deck, plaza or roof area is used for parking, said area shall be landscaped in accord with the off- street parking, landscaping requirements, and the cars shall be screened from view from adjacent pub- lic right-oi-way. Landscaping Material 1. All plant materials required herein shall be graded "Florida No. 1", or better, as defined in Grades and Standards for Nursery Plants, Part I and II, by the State of Florida Department of Agriculture. Z. Trees shall be at least eight (8) to ten (10) feet in overall height upon planting and snail be of an ap- proved variety as set forth on an "approved tree list" on file in the Building Department. 3, Trees planted at ground Level or in planting wells that extend to the ground shall be of a shade or _lowering variety which shall attain an average rnature spread greater than fifteen (15) feet and a trunk which can be maintained in a clean condition with over five (5) feet of clear wood. -4- 1 _ .-')1a :JvvC '".]u aci /dt 3:'.311 .fdiu 3.I C1 .:1 c_ea: c 3. ay.r. sha..i a •3 as 0i t.JO and. curie-._a.la (2 ./ 2) :eet i^. :e'_z.71. U 0n planting, tiecz,e. 3._..3a shall Je 01:3-.13Ci a :......i..-71U 1 of two and. C::1 1! i i3ef t : .. :... .i1ain: ai.c c ao 33 f3 LJr 3 coatizuous, '.lahrotea. solid, '.•t3ua sc �C.3 'xitain a. f a.:i11.+..u+" of oae; \ -) year after pla.nQ- 111 2 . 6. Landscape areas provided pursuant to this section, aad as a part of a multioie family, office, commer- cial and/or industrial use, shall be equipped with as irrigation or spria;�ler system serving each of he landscape areas." Section 2. -A-1-1 ordinances, code sections or parts thereof in conflict herewith, insofar as they are in conflict, are hereby repealed. Section 3. If any section, sentence, clause, phrase or word of this ordinance is for any reason held or declared to be unconstitutional, in- operative or void, such holding or invalidity shall not affect the remain- ing portions of this ordinance, and it shall be construed to have been the intent of the Commission of the City of Miami to pass this ordinance without such unconstitutional, invalid, or inoperative part therein; and the remainder of this ordinance, after the exclusion of such part or parts shall be deemed and held to be valid as if such parts had not been included therein. - PASSED on First Reading by title only this Z.5 day o 1973. PASSED AND ADOPTED on Second and Final Reading by title only this /3 day of 420006 ,9e7/W p1 CITY CLERK PREPED AND APPROVED RRIS TURNER ASST. CITY ATTORNEY BY: , 1973. APPROVED TO FORM CORRECTNESS: A _/.,..!J L /1- 41 J tiN S S. LLOYD f TY ATTORNEY 'V •pod9peteg g. Au-E. icE MAYORR • i -5-