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Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, BY AMENDING ARTICLE 1, SECTION
1.2, TITLED "DEFINITIONS OF TERMS", AMENDING ARTICLE 3,
SECTION 3.11, TITLED "WATERFRONT SETBACKS", AND ADDING
DIAGRAM 1 IN ARTICLE 3, SECTION 3.11, TITLED "WATERWAYS &
WATERBODIES WITH WATERFRONT PROPERTIES"; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Emilio T. Gonzalez, Ph.D., City Manager, on behalf of the City of Miami.
PURPOSE: This ordinance will amend Article 1, Section 1.2 entitled, "Definitions", and Article 3
Section 3.11 "Waterfront Standards" of the Zoning Ordinance.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
WATERFRONT ADVISORY BOARD: Recommended approval on June 12, 2018, by a vote of
6-1.
PLANNING, ZONING AND APPEALS BOARD: Recommended approval on July 18, 2018, by a
vote of 9 — 0.
City of Miami File ID: 2773 (Revision:) Printed On: 2/8/2019
City of Miami City Hall
Legislation 3500 Pan Ameican Drive
g Miami, FL 33133
Ordinance www.miamigov.com
Enactment Number:13804
File Number: 2773 Final Action Date: 1/24/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED,
BY AMENDING ARTICLE 1, SECTION 1.2, TITLED "DEFINITIONS OF TERMS",
AMENDING ARTICLE 3, SECTION 3.11, TITLED "WATERFRONT SETBACKS", AND
ADDING DIAGRAM 1 IN ARTICLE 3, SECTION 3.11, TITLED "WATERWAYS &
WATERBODIES WITH WATERFRONT PROPERTIES"; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami ("Miami 21 Code"); and
WHEREAS, pursuant to Resolution No. 07-0290 adopted on May 24, 2007, the City
Commission approved, in principle, the Miami Parks and Public Spaces Master Plan, which
establishes goals and objectives for waterfronts throughout the City of Miami ("City") to be
part of a linear park system network that links different parts of the City together; and
WHEREAS, publicly accessible linear parkways along waterfronts provide for a safe
off-street network of pedestrian and bicycle paths for alternative transportation needs
throughout the City; and
WHEREAS, the City wishes to increase public access between Biscayne Bay and
the East-West Trail via the Miami River, the Underline, the Ludlum Trail, and various canals
and lagoons in between; and
WHEREAS, the City also wishes to increase public access between Biscayne Bay,
the Little River, and various canals and lagoons in between; and
WHEREAS, such increased access will provide interconnectedness and mobility
opportunities from surrounding recreation spaces and provide residents and visitors with
additional access to waterfronts; and
WHEREAS, waterfronts beyond the Miami River and Biscayne Bay, such as canals
and lagoons, can operate as secondary water retention systems receiving stormwater from
neighborhoods; and
WHEREAS, waterfronts beyond the Miami River and Biscayne Bay, such as canals
and lagoons, can store excess water or move excess water to the regional flood control
system managed by the South Florida Water Management District; and
WHEREAS, living shorelines and coastal structures along waterways and
waterbodies can provide opportunities for future sea level rise mitigation strategies to
accommodate increased water level demands into the City's existing system; and
City of Miami File ID: 2773 (Revision:) Printed On: 2/8/2019
WHEREAS, it has been identified that additional clarification should be provided to
the applicable boundaries and standards associated with the term "Waterfront" as used in
Article 3, Section 3.11 of the Miami 21 Code, titled "Waterfront Standards"; and
WHEREAS, it has been determined that amending Article 1, Section 1.2 of the
Miami 21 Code, titled "Definitions," and Article 3, Section 3.11 of the Miami 21 Code, titled
"Waterfront Standards," is needed to promote appropriate standards for various waterways
within the City; and
WHEREAS, this amendment will clarify standards applied to Biscayne Bay, the
Miami River, and other smaller waterbodies throughout the City as identified within Exhibit
"A," attached and incorporated; and
WHEREAS, upon adoption of this Ordinance, the Planning Department will continue
to study enhancements to Waterfront Design Standards to be applied to properties along all
waterfronts; and
WHEREAS, the Miami Waterfront Advisory Board ("WAB") at its meeting on June 12,
2018, recommended approval of the Waterfront Setback language as presented herein by a
vote of six to one (6 - 1); and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on July 18,
2018, recommended approval of the Waterfront Setback language as presented herein by a
vote of nine to zero (9 — 0); and
WHEREAS, the City Commission has considered whether the proposed 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, the City Commission has considered the need and justification for the
proposed change, including changed or changing conditions that make the passage of this
ordinance necessary; and
WHEREAS, the City Commission finds that it is in the best interest of the City and its
residents to amend the Miami 21 Code for the purposes stated herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and finding contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. The Miami 21 Code is amended by amending Article 1 in the following
particulars:'
"ARTICLE 1. DEFINITIONS
1.2 DEFINITIONS OF TERMS
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
unchanaed material.
City of Miami File ID: 2773 (Revision:) Printed On: 2/8/2019
Frontage: The area between a Building Fagade and the vehicular lanes of a Thoroughfare,.
Mean High waterline of a Waterfront, or the pavewept Af a Pedestrian Passage Frontage Line of
a Civic Space Type.
Waterbody: Any body of water separated by a salinity dam from Biscayne Bay including, but not
limited to, Comfort Canal, Little River, Blue Lagoon, and the like. Properties along a Waterbody
have been depicted in Article 3, Diagram 1, titled "Waterways & Waterbodies with Waterfront
Properties".
Waterfront: The area of a property that fronts a Waterway or Waterbody and is improved to
preserve the City's natural shoreline and to guarantee Open Space along the water's edge.
Waterway: Biscayne Bay and any body of water navigable to Biscayne Bay; Miami River and its
tributaries from Biscayne Bay to salinity dams or termini, whichever comes first; and the Little
River from Biscayne Bay to the salinity dam. Properties along a Waterway have been depicted
in Article 3. Diaaram 1. titled "Waterways & Waterbodies with Waterfront Proaerties".
Section 3. The Miami 21 Code is further amended by amending Article 3 in the following
particulars:'
"TABLE OF CONTENTS
ARTICLE 3. GENERAL TO ZONES
TABLE OF CONTENTS
SECTION 3.11 WATERFRONT STANDARDS 111.21
DIAGRAM 1: WATERWAYS & WATERBODIES WITH WATERFRONT PROPERTIES.
In addition to the Miami City Charter Section 3, (mm), (ii) requirements, the following
Setback, walkways and Wwaterfront standards shall apply to all Wwaterfront properties
within the City of Miami, except as modifications to these standards for all Wwaterfront
properties may be approved by the City Commission pursuant to the procedures
established in the City Charter.
All Miami riverfront properties shall include water -related uses across all Transect Zones
except T3.
City of Miami File ID: 2773 (Revision:) Printed On: 2/8/2019
a. Waterfront Setbacks
co+har_Us Ffor properties fronting a Waterway, the Setback shall be a
minimum of fifty (50) feet measured from the mean high water line provided along
any Wwaterfront, except where the depth of the Lot is less than two -hundred (200)
feet the Setback shall be a minimum of twenty-five percent (25%) of the Lot depth;
and except for T3, T4 -R, D1, D2 and D3 Transect Zones where a minimum Setback
of twenty (20) feet shall be provided, except where the depth of the Lot is less than
eighty (80) feet the Setback shall be a minimum of twenty-five percent (25%) of the
Lot depth. These requirements shall not apply to Marine Related Industrial
Establishments along the Miami River. Within D1, D2 and D3 Transect Zones
facilities may span across man-made slips with a Structure to conduct marine -related
commercial and industrial activities.
2. For Droaerties frontina a Waterbodv. the Setback shall be a minimum of twentv-five
(25) feet measured from the mean high water line provided along any Waterfront,
except for the following:
a. Where the depth of the Lot is less than one -hundred (100) feet, the
Setback shall be a minimum of twenty-five percent (25%) of the Lot depth;
and
b. For T3, T4 -R, D1, D2, and D3 Transect Zones, a minimum Setback of
twenty (20) feet shall be provided, except where the depth of the Lot is
less than eighty (80) feet, the Setback shall be a minimum of twenty-five
percent (25%) of the Lot depth.
For other Lot configuration conflicts, the Setback may be reduced a maximum of fifty
percent (50%) by process of Waiver.
3. Side Setbacks shall be equal in aggregate to at least twenty-five percent (25%) of
the water Ffrontage of each Lot based on average Lot Width, to allow View Corridors
open from ground to sky and to allow public access to the wWaterfront; except for
T3, T4 -R, D1, D2 and D3 Transect Zones.
b. Waterfront Walkways Design Standards:
Waterfront walkways shall be designed and constructed within the wWaterfront
Setbacks in accordance with these Waterfront Walkway Design Standards and
should remain open to public access during all times, but at a minimum, shall
remain open to the public between 6am through 10pm. Waterfront walkways are
not required within Transect Zones T3, T4 -R, D1, D2 and D3 unless the site is a
new Commercial retail, Office or restaurant Use. Properties along a Waterbody
shall only require a Waterfront walkway if it has been identified within the Miami
River Greenway Action Plan or other Waterfront Master Plans as a component of a
Publicly accessible Greenway and Bluewav network system within the City and
Miami -Dade County.
2. Waterfront walkways shall feel public, meet all Americans with Disabilities Act
(A.D.A.) requirements throughout the entire length of the wWaterfront walkway
and provide unobstructed visual access to the water.
3. Waterfront walkways shall connect to abutting public walkways, neighboring
walkways, and Open Space at a consistent A.D.A. compliant width and grade to
allow clear pedestrian circulation along the water's edge. Properties abutting a
Thoroughfare or Public Frontage shall coordinate with the appropriate agency or
City of Miami File ID: 2773 (Revision:) Printed On: 2/8/2019
organization on improvements and connections to Waterfront walkways required
on those properties.
4. The wWaterfront walkway surface shall remain at a constant elevation and be
accessible to handicapped persons throughout the entire length of the
wWaterfront walkway. Walkways should have a slight grade away from the
bulkhead edge for stormwater retention within the transition zone.
5. All Waterfront walkways shall be built to the standards and guidelines outlined
within the Miami River Greenway Regulatory Design Standards, Miami River
Greenway Action Plan, and Waterfront Design Guidelines, Appendix B of this
Code.
&6. The total width of a wWaterfront walkway shall be a minimum of twenty-five (25)
feet .;;Ad- built to theZc+�nrl�rrlc and ni,idelinoc ni,+linorl in \A/�+orfrnn+ Desinn
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G I_Iirlolinoc nn Annonrliv Q. per Appendix B, unless the Setback is reduced when
the depth of the Lot requires it. Waterfront walkway Design Standards shall apply
in the entirety of the Setback when properties are set back less than twenty-five
(25) feet. Standards may be adjusted by process of Waiver, but shall not diminish
the Circulation Zone identified within Appendix B, with a clear path no less than
twelve (12) feet in total width provided.
6. Waterfront Properties that do not provide a Waterfront walkway within the
Waterfront Setback area shall remain unimproved by any permanent Structure or
other Structures permitted under Section 62-528 or Section 62-535 of the City
Code.
Diagram 1: Waterways & Waterbodies with Waterfront Properties.
City of Miami File ID: 2773 (Revision:) Printed On: 2/8/2019
Section 4. If any section, part of a section, paragraph, clause, phrase, or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 5. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word 'ordinance" may be changed to "section", "article", or other
appropriate word to accomplish such intention.
Section 6. This Ordinance shall be effective immediately upon its adoption .2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, City Attor iey 9/19/2018
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 File ID: 2773 (Revision:) Printed On: 2/8/2019