HomeMy WebLinkAboutPZAB (2429) ResolutionEnactment Number: PZAB-R-18-033
File ID: 2429 Final Action Date: 7/18/2018
A RESOLUTION OF THE CITY OF MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION OF AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS",
AMENDING ARTICLE 3, SECTION 3.11, ENTITLED "WATERFRONT SETBACKS",
AND ADDING DIAGRAM 1 W ARTICLE 3, SECTION 3.11, ENTITLED
"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 City of Miami's ("City") Zoning Ordinance ("Miami 21"); and
WHEREAS, the adopted 2007 Miami Parks and Public Open Space Master Plan
establishes goals and objectives for waterfronts throughout the 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 Ludium Trail, and the various
canals and lagoons in between; and
WHEREAS, the City also wishes to increase public access between Biscayne Bay
and the Little River and the 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
City of Miami Page 1 of 6 File !D: 2429 (Revision: C) Printed On: 712512018
City of Miami
City Hall
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PZAB Resolution
3504 Pan American thrive
Miami, FL 33133
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www.miamigov.com
Enactment Number: PZAB-R-18-033
File ID: 2429 Final Action Date: 7/18/2018
A RESOLUTION OF THE CITY OF MIAMI PLANNING, ZONING AND APPEALS
BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY
COMMISSION OF AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY
AMENDING ARTICLE 1, SECTION 1.2, ENTITLED "DEFINITIONS OF TERMS",
AMENDING ARTICLE 3, SECTION 3.11, ENTITLED "WATERFRONT SETBACKS",
AND ADDING DIAGRAM 1 W ARTICLE 3, SECTION 3.11, ENTITLED
"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 City of Miami's ("City") Zoning Ordinance ("Miami 21"); and
WHEREAS, the adopted 2007 Miami Parks and Public Open Space Master Plan
establishes goals and objectives for waterfronts throughout the 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 Ludium Trail, and the various
canals and lagoons in between; and
WHEREAS, the City also wishes to increase public access between Biscayne Bay
and the Little River and the 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
City of Miami Page 1 of 6 File !D: 2429 (Revision: C) Printed On: 712512018
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
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, entitled "Waterfront Standards" of Miami 21; and
WHEREAS, it has been determined that amending Article 1, Section 1.2, entitled
"Definitions", and Article 3, Section 3.11, entitled "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; 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, at its meeting on June 5, 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") has given full
consideration to the Planning Director's recommendations; and
WHEREAS, the PZAB has conducted a public hearing on the proposed text amendment;
and
WHEREAS, the PZAB has considered whether the proposed amendment will further the
goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and other
City regulations; and
WHEREAS, the PZAB finds that there is competent substantial evidence in the record to
recommend approval of the Miami 21 Code text amendment;.
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA:
Section 1. The recitals and finding contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein 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, be amended by amending Article
1 and Article 3 in the following particulars:'
ARTICLE 1. DEFINITIONS
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1.2 DEFINITIONS OF TERMS
*
Frontage: The area between a Building Fagade and the vehicular lanes of a Thoroughfare,
Mean High waterline of a Waterfront or the payeFfl8R� �f Re de6tFian Passage Frontage Line of
a Civic Space Type.
Waterbod : 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 entitled 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 WaterwaV have been depicted
in Article 3 Diagram 1 entitled Waterways & Waterbodies with Waterfront Properties.
TABLE OF CONTENTS
PREAMBLE
ARTICLE 3. GENERAL TO ZONES
3.11 WATERFRONT STANDARDS
DIAGRAM 1: WATERWAYS & WATERBODIES WITH WATERFRONT PROPERTIES
ARTICLE 3. GENERAL TO ZONES
TABLE OF CONTENTS
* * *
SECTION 3.11 WATERFRONT STANDARDS
111.21
City of Miami Page 3 of 6 File ID: 2429 (Revision: C) Printed On: 712512018
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 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.
a. Waterfront Setbacks
Wate*ORt Setbaoks—Ffor properties fronting a WaterwaV, 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 properties fronting a Waterbody, the Setback shall be a minimum of twenty-five
(25) feet measured from the mean high water line provided along any Waterfront,
except 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 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 For other
Lot configuration conflicts, the Setback may be reduced a maximum of fifty percent
(50%) by process of Waiver.
2L.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 Gam 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 Waterbodv
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shall onIV require a Waterfront walkway if it has been identified within the Miami
River Greenway Action Plan or other Waterfront Master Plans as a com onent of a
Publicly accessible Greenway and Blueway networks stem within the City of
Miami 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.
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 abuttinq a
Thoroughfare or Public Frontage shall coordinate with the appropriate agency or
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
iwWaterfront 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.
56. The total width of a iwWaterfront walkway shall be a minimum of twenty-five (25)
feet andbuilt t8 the _+nrid_ards and 6iid8lIReG 061t1iRed in Wat .f t Desi.
mer Appendix B, unless the Setback is reduced when
the depth of the Lot requires_ it. Waterfront walkway Desiqn 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 bV anV permanent Structure or
other Structures permitted under City Code Section 62-528 or Section 62-535.
Diagram 1: Waterways & Waterbodies with Waterfront Properties.
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Waterways & Waterbodies t,m
with Waterfront Properties', 1�E
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Se do 3. This Resolution shall be effective immediately upon its adoption.
rancisc ia, bisector Execution Pate
epartment of Planning
STATE OF FLORIDA }
COUNTY OF MIAMI-DADF }
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Personally appeared before me, the undersigned authority, TtVX'>5 , Clerk of the Planning, Zoning and Appeals Board of
the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution.
SWORN AND SUBSCRIBED BEFORE ME THIS 15 DAY OF JVW 201
?Xa+vei7_ AA\,jcw-P_z Plrc'u���
Print Notary Name NoVary Pub Ic State of Florida
Personally know —' or Produced I.D. My Commission Expires:
Type and number of I.D. produced
Did take an oath or Did not take an oath
i 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.
NATUALVAM
Corrrnfssion 0 GG 153775
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City of Miami Page 6 of 6 File 1D: 2429 (Revision: C) Printed On: 7/25/2018
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City of Kaml
Waterways & Waterbodies
with Waterfront Properties