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HomeMy WebLinkAboutR-97-0143R-97-0143 No Resolution on file with the Clerk's Office. See attached supporting documents and minutes for said resolution. F February 27,1997 97-143 Legis "c" version (per S.L.) to be used - The Zoning" Pendinglegislation 10:52 AM09/12/2000 ord. 0 ZONING FACT SHEET LOCATION/LEGAL 2951 South Bayshore Drive ("The Mutiny") ' i (Complete legal description on file with the Office of Hearing Boards). APPLICANT/OWNER Adrienne Friesner Pardo for Murry Diamond & John K. Shub in, Mutiny on the Bay Appellants 1221 Brickell Avenue 46 S.W. 1st Street, 3rd floor Miami, FL Miami, Florida 33130 579-0683 381-6060 i ZONING 0-Office, SD-2 Coconut Grove Central Commercial District, SD-17 South Bay Shore i Drive Overlay District & SD-19 Designated F.A.R. Overlay District REQUEST Appeals by Murry Diamond and Jeffrey S. Bass of the Class II Special Permit Application No. 96-3247 approved with conditions by the Director of the Department of Community Planning and Revitalization on October 16, 1996, at the above location, for exterior modifications to existing non -conforming structures within the SD-2 Coconut Grove Central Commercial District and SD-17 South Bayshore Drive Overlay District, per Sections 602.3.1, 617.3.1, 906.7.3 and 1106.1 of Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami; zoned 0 Office, SD-2 Coconut Grove Central Commercial District, SD-17 South Bayshore Drive Overlay District and SD-19 Designated F.A.R. Overlay District. RECOMMENDATIONS: PLANNING, BLDG & ZONING PUBLIC WORKS No comments. PLAT AND STREET N/A DADE COUNTY TRANSPORTATION No comments. ENFORCEMENT HISTORY, IF ANY C.E.B. Case No: N/A Last Hearing Date: N/A Found: N/A Violation(s) Cited: N/A Ticketing Action: N/A Affidavit of Non -Compliance issued on: N/A Daily Fine: $0.00 Lien Recorded On: N/A Total Fines To Date: N/A CEB Action: N/A HISTORY ANALYSIS Please see attached Class II analysis for findings and conditions. ZONING BOARD Denied the appeal and upheld the Class II Special'Permit. APPELLANT Murry Diamond & John K. Shubin. VOTE 5-1 CITY COMMISSION Continued from CC 1/23/97. APPLICATION NUMBER 95- 499 Page 1 December 16, 1996 Item# 4 97- 143 14 -mom NMI�sr�saa v� 11ORION 0 111111 nmmml w ®. ���� ©tea ��� c r.: �.t�►:: Nn lift Niiiwo 1.110�e°�e°°e� •� Aj �G M1�NTE TRACT"A" \002, - M r li K O �O • !� TRwT •A' •i' py .. o0.G MAr4AIR MAI ti T 2 / o a i� a• Trod 4 t? JFCEFit N �/ IVe FAF IL r 1 / SAW ` qo� ``� GO • i 9 3 ' `•PGA: p'`' 10 v� it IM0� 9 \ 1 3. Z zs . Is ems/ \♦ /o e 20 21 16 , . ♦ /� ,_. 0 4 19 a At p E _ IF 97- 143 y�y 1 R F LAW OFFICES S H U B i N& BASS P R 0 F E S S 1 0 N A L A S S 0 C I A T 1 0 N _•. e- -.� December 23, 1996 Ms. Teresita Fernandez Chief, Zoning Department 444 S.W. 2nd Avenue 7th Floor Miami, Florida 33131 Re: Appeal of Class II Special Permit Flagler Development Inc. 2951 South Bayshore Dr. ("The Mutiny") Dear Ms. Fernandez: It is my understanding that you are the Clerk for the City of Miami Zoning Board ("Zoning Board")and the person designated by the City Manager pursuant to Section 2002 of City of Miami Zoning Ordinance ("Zoning Ordinance") for the filing of appeals of a Class II Special Permit. The purpose of this letter is to appeal the decision of the zoning board with respect to the above -referenced Class II Permit. The appellant in this case is Jeffrey S. Bass, who is the owner of real property located at 2901 South Bayshore Drive which property directly abuts The Mutiny. The basis for the appeal is that the zoning board granted a permit which allowed for the expansion of a nonconforming structure as prohibited by the zoning code. Please do not hesitate to contact me should you have any questions regarding this correspondence. Sincerely, John K. Shubin For the Firm ! F:\WPWIN61\WPWIN60\WPDOCS\MUTINY\FERNDZ2.LTR i MIAW TAMFA 46 S.W.1st Street, 3rd Floor MkM, Florida 33130 707 FkxWe Averas, Tempe, Fkxkla 33802 Ph: 305.381.6080 F)c 305.381.94S7 Ph: 813*223.4785 Fx 813.223.4787 7 9'7- 143 L �:rW & BEASLEY, L.L.P. MIAMI CENTER 26TH FLOOR 201 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131-4336 TELEPHONE (305) 536•I112 FACSIMILE (305) 536-1116 WRITERS DIRECT LINE December 30, 1996 Ms. Teresita Fernandez Chief, Zoning Department Office of the Hearing Board 300 Biscayne Blvd. Way Suite 400 Miami, F1 33131 PAI»M BEACH OFFICE COMEAU BUILDING • SUITE 1000 319 CLEMATIS STREET WEST PALM BEACH. FLORIDA 33401-4624 TELEPHONE (5611835.4200 FACSIMILE 1561) 835.1242 RE: Appeal of Class II Special Permit 2951 S. Bayshore Drive, Miami F1 The purpose of this letter is to request that pursuant to its review powers under Section 1201 of the Zoning Ordinance of the City of Miami, Florida, the City Commission review the Zoning Board's December 16th, 1996 decision to uphold the issuance of the Class T2 permit issued to the above -referenced applicant on October 16, 1996. The appellant in this case is Murray Diamond, who is the owner of real property located at 2903 McFarlane Road, which property abuts 2951 S. Bayshore Drive known as "The Mutiny" tract. The Mutiny property consists of an abandoned structure situated on SD-17 zoned land and an adjacent two level parking garage situated on SD-2 designated land. The SD-17 structure was used as a hotel until it was abandoned in 1988 according to Juan Gonzalez the Acting Zoning Administrator for the City of Miami. The SD-2 designated parking structure was used to provide parking for the hotel. Since that time the structure has stood vacant and the adjacent parking garage has enjoyed little if any use. When The Mutiny Hotel was in operation, offstreet parking was a nonconforming characteristic of it's use as a hotel. Thus, it was permitted to provide less parking spaces than the applicable off street parking requirements. However the current developers Mutiny by the Bay Ltd., converted the old hotel structure into a 177 unit condominium. The City of Miami's Department of Community Planning and Revitalization has 97- 143 9 L F Ms. Teresita Fernandez December 30, 1996 page 2 determined that although the parking structure itself remains a nonconforming structure, offstreet parking is no longer a nonconforming .characteristic use due to the change from a hotel to a condominium. The new Mutiny development must provide 233 parking spaces as per plans submitted by the developers in support of their Class II Permit application. see also MIAMI, FL. ZONING ORDINANCE art . 4 §401. Additionally, floor plans submitted by the developers indicate that certain 1 bedroom units could arguably be considered two bedroom units due to the developers liberal use of the term "den". If these "dens" are treated as bedrooms then 245 parking spaces would be required. The current nonconforming parking structure only provides 184 parking spaces. Thus, between 50 and 62 additional conforming spaces must be built, in order to comply with the zoning ordinance. Mutiny by the Bay,, Ltd. intends to provide the required parking by modifying the existing parking structure. A Class II Special Permit is required prior to approval of any permit affecting the height, bulk, location or exterior configuration of any existing building within the SD-2 designation. MIAMI FL., ZONING ORDINANCE art.6 602.3.1. Thus, Mutiny on the Bay, Ltd. applied for a Class II Special Permit. In particular, the plan called for the creation of two additional levels of parking, two new parking ramps and new parallel parking spaces on -the existing first level. On October 16, 1996, the Department of Community Planning and Revitalization approved this application despite the fact that the new spaces being created did not adhere to the Zoning Ordinance or The City of Miami Offstreet Parking Design Guide and Regulation. The written Final Decision did not state the need for a waiver of any requirement, nor did it set forth the actual requirements being waived. The appellant timely appealed the issuance of this application to the Zoning Board. On December 16th, 1996, appearing before the Zoning Board on behalf of the Department of Community Planning and Revitalization, Lourdes Slayzyk, Assistant Director of the Department of Community Planning and Revitalization defended the issuance of the Class II Special Permit by stating that the department had waived the Off street Parking Design Guide and Regulation requirements. The Zoning Board upheld the issuance of the Class II Special Permit. It is is 97- 143 Ms. Teresita Fernandez December 30, 1996 page 3 from that decision that the appellant now appeals to the City Commission. The basis for the appeal is as follows: 1.The Zoning Board should not have affirmed the -issuance of the Class II permit because The Mutiny's application and the plans submitted are in violation of the Zoning Ordinance of the City of Miami. Pursuant to Section 1203 of the Zoning Ordinance of the City of Miami, Florida, the Zoning Board has the power to serve as an instrument of review of decisions of the zoning administrator in matters connected to the issuance of a Class II permit. However, serving in this capacity, the Zoning Board must adhere to the requirements of the city's ordinances. McQuillan Mun. Corp. §15.14 (3rd Ed),It is a general rule of law that valid ordinances of a municipal corporation are binding on its corporates and inhabitants as are the general laws of the state on the citizens at large. King Mfg. Co'. v. Augusta 277 US 100. A municipality is not allowed to violate its own ordinance. McQuillan Mun. Corp. § 15.14 Ord Ed). In addition, the Zoning Ordinance of the City of Miami, Florida requires that special permits in relation to zoning be issued only in accordance with the procedures, standards and requirements of the Zoning Ordinance. MIAmi, FL., ZONING ORDINANCE art.13 §1303. Where applications for special permits indicate that actions proposed therein, or the manner in which they are proposed to be conducted, do not meet the standards and requirements of this ordinance, such applications and permits shall be denied. Id. Set forth below are the specific Zoning Ordinance provisions violated by The Mutiny's Class II Special Permit application and plans. A. This Special Class II Permit should not be upheld because it calls for actions directly in violation of specific requirements of the Zoning Ordinance The Zoning Ordinance of the City of Miami requires that all offstreet parking spaces be no less than eight and one-half(8.5) by eighteen (18 ) feet. MIAMI, FL., ZONING ORDINANCE art. 9 § 917 .2 . Forty Four (44) of the additional new spaces proposed by Mutiny by the Bay, Ltd. fall short of these minimum width requirements. Thus, the Class II Permit proposes the creation of new parking 97- 143t/ L F Ms. Teresita Fernandez December 30, 1996 page 4 spaces which would violate the requirements and standards of Section 917.2 of the Zoning Ordinance of the City of Miami, Florida. The Zoning Ordinance also requires that buildings in excess of twenty-five thousand (25,000) square feet and up to two hundred Fifty Thousand (250,000) square feet of gross building area, have three twelve (12) by thirty five (35) feet loading bays are required. MIAMI, FL. , ZONING ORDINANCE art. 9 § 92 3 .4 . The proposed site plan provides no such loading bays and thus this Class II permit would violate the standards and requirements of Section 923.4 of the Zoning Ordinance of the City of Miami, Florida. In addition, under the Zoning Ordinance, parking ramps are allowed a slope of only 1 foot (50) for the first 20 feet and 1 foot (50) for the last 20 feet. The proposed site plan calls for the construction of two forty (40) foot ramps. These forty (40) foot ramps are only allowed a maximum height of 2 feet between landing. The ramps proposed on the second and third floor would have a 9 foot height between landing. B. The Special Class II Permit should not be upheld because it proposes the violation of offstreet parking regulations mandated by the Zoning Ordinance. In its Class II Special Permit Final Decision, the Director of the Department of Community Planning and Revitalization Jack Luft referred to the subject parking garage as an existing nonconforming structure. As a nonconforming structure, the Zoning Ordinance allows the garage to continue in its current state. MIAMI, FL. , ZONING ORDINANCE art. 11 §1106. 1. However, the Zoning Ordinance does not allow the garage to be enlarged, extended or altered pursuant to a Class II permit, if the degree of its nonconformity will be increased. Id. Thus, the additional 50 spaces proposed must adhere to the offstreet parking requirements of the current Zoning Ordinance. The Zoning Ordinance mandates that offstreet parking stall and aisle dimensions conform to the requirements of "The City of Miami Offstreet Parking Design Guides and Standards. MIAMI, FL., ZONING ORDINANCE art . 9 § 917.2 . Under these standards, because they will abut columns, the proposed 60 degree parking spaces will each require a stall width of 110-10" with a clear of 21'-18" between columns. MIAMI, FL., OFFSTREET PARKING DESIGN GUIDES AND P/ 97- 143 F Ms. Teresita Fernandez December 30, 1996 page 5 STANDARDS. In addition, the parallel parking spaces proposed must be at least 22 feet in length. Id. The proposed 50 spaces do not adhere to these requirements. The proposed 60 degree spaces have a width of only 9'-3" instead of the required width of 10'-10". The clear between each column is only 18'-6" instead of the required 21'-18". The new parallel parking spaces proposed are only 18 feet long instead of the required 22 feet. Thus, this Special Class II Permit proposes an action which does not meet the standards and requirements of the Zoning Ordinance and thus should not be upheld. C. Offstreet Parking Guidelines can not be waived by Class II Permit in this case because to do so would violate the Zoning Ordinance. On July 25th, 1996, the City of Miami Commission adopted Ordinance No. 11386. Said ordinance grants to the Department of Community Planning and Revitalization, the power to waive Offstreet Parking Design Guide and Regulation requirements by virtue of a Class II permit. The City of Miami's Department of Community Planning & Revitalization, in its written Final Decision of October 16, 1996, did not state the need to waive Design Guide and Regulation requirements nor did it set forth those requirements being waived. Nevertheless, at the December 16th, 1996 Zoning Board hearing, Lourdes Slayzyk, the Assistant Director of the Department stated verbally, and after the fact, that pursuant to Ordinance No. 11386, the Department had waived requirements with respect the Mutiny by the Bay development, again neglecting to specifically cite which requirements had been waived. The City of Miami is still bound by the rest of the Zoning Ordinance. King Mfg. Co. v. Augusta 277 US 100. The Zoning Ordinance has the force of law over the community in which it is adopted and must be adhered to. Ducoff v. State 273 So2nd 387. The Zoning Ordinance of the City of Miami specifically states that a Class II permit can not be used to increase the degree of nonconformity of a nonconforming structure. MIAMI, FL., ZONING ORDINANCE art.11 §1106. This Class II permit allows the creation of 50 new nonconforming offstreet parking spaces in addition to the 184 currently existing nonconforming spaces. Thus, even if offstreet parking guidelines can generally be waived pursuant to a Class II Permit, they can not be waived here because it would constitute a violation of Section 1106 of the Zoning Ordinance of 97- 143 /v Ms. Teresita Fernandez December 30, 1996 page 6 the City of Miami, Florida. D. This Special Class II Permit should not be upheld because even if the current proposal is modified it would not meet the standards and requirement of Sections 617.4 and 401 of the Zoning Ordinance. The Department of Community Planning and Revitalization has ruled that when The Mutiny changed its use from Hotel to Condominium, it's preexisting parking shortage lost it's status as a nonconforming characteristic of use. Thus, The Mutiny must now adhere to the current applicable offstreet parking requirements of the Zoning Ordinance. Pursuant to Sections 617.4 and 401 of the Zoning Ordinance of the City of Miami, Florida, the property at issue is required to provide 234 Offstreet parking spaces. If it is determined that 11 so called "dens" are actually bedrooms, 245 spaces would be required. If the current proposal is modified so that the new parking spaces being created adhere to the Offstreet Parking Guide and Standards, 81 parking spaces would be eliminated. Eleven would be lost to the three required loading bays currently missing from the proposal. Twenty-five spaces would be lost on the first level if parking is reconfigured to provide a 21'-8" clear between columns. Thirteen spaces would be lost if 75' is added to the ramp on level two and if the spaces were reconfigured to provide a 21'-8" clear between columns. Twenty-six spaces would be lost on levels three and four if 75' are added to the proposed ramp on level three and the parking spaces are reconfigured to provide a 21'-8" clear between columns. Six spaces would be lost on the first floor if the new parallel parking spaces are built at a length of 231. Thus, if the current proposal is modified to adhere.to these requirements, only 153 spaces will be provided. As a result, even if modified, the proposed site plan fails to meet the standards and requirements of Section's 617.4 and 401 of the Zoning Ordinance of the City of Miami, Florida. 2. The issuance of the Class II permit should not be upheld because the Zoning Department and the Zoning Board failed to make 14 97- J A3 M1 i , T oI fill V I 111`rti�'i�;al��i�r.� - +It.;4tlo1kilt��i► ►i,I 11-�\��1 ���►E�t i t' t t i tt\t i ►lgrt ;t►tct citst ot-►ninations concerning various matters to t ho t'aso and failed to be guided by such 00M1irtM'At i0WA AIM :in their decision to issue the �rFrtl�tlC , -\\5 +\. \ 11+ ♦a �P 1 \ \ay. a. l ^n. ' s.' i70�, i i''1 r'•- and t t�F^� Z�.� ;S't"� 1a�i'ait� \ «. \..\.•l2tll.u>�:.�' :...:..i7�, .»�.'I ..,...i _.. _�Z�.. �,c: .,u.,�. �. \ `l m,.�t`t'^' V �\ *V "k \ ^ tiro r' \a1 • \ ��' a .� .. .�. �+ _ �'a' ~ _ 1�1�1 1``\`�t a�<�A \ yt�,�4. C.. A��;��a`v v'?ti�.\�� `-► \. ��i�il4'.�....-r �� __��.�,r� _. ��,�•i..a^i «.mow ���� 1 1 \`N- \\\�`iR`i `C\•e ���. 'a�'`,F. ������`.,� �.'�\....t' ��Iz _—'S .ram .�.�•-�..r k ��R:-:.�<w^;\�. � `a =,;\ �' ; {"v:.•�`„.'Y'�:,=-'= •mow-: �w.�, 1 t�•~.� •'�"1.��\"4R�q yew"Y. �+y �,.'\�•..,.,r ��� _ � _ �� _ .�' � ,� .. AzL .. � .n.Ya,���1. 4 �•�� >. '4��`4. '+t 1.'�4 � Y..1..r... .v.� �w� � +�+w..,.r... _ — _ �r� �' - _ .� a �y�'S".��`t `1p y�. O .. ,.''�`�4 w.� 4�#!hr-4 �+.R{.:'..• �-, r+-a+,..•w,..�. �..... r..+r. - �.,r �:..�'�w ., .. .. � ,*MOON,, L Ms. Teresita Fernandez December 30, 1996 page 8 convenience, internal traffic relation to access in case of screening or landscaping. flow and control, arrangement in fire or other emergency, and The Department of Community Planning and the Zoning Board have failed to consider the impact on the expressed intent of the SD-2 district as required by Section 602.3.2 of the Zoning Ordinance of the City of Miami, Florida. In particular, they have failed to consider the impact of the permit on the express intent of SD-2 to encourage retail and service development with a strong pedestrian orientation and to create opportunities for combining residential and nonresidential uses. intent an atmosphere which will encourage pedestrian traffic consistent with the intent of the creation of the district. 3. The issuance of the Class II Permit should not be upheld because it violates the appellants constitutional rights and subjects the City to potential liability. The appellant has a vested right to the specific uses of his property allowed under SD-2 . MIAMI, FL. , ZONING ORDINANCE art. 6 §602.4. The issuance of this permit is an arbitrary and capricious deprivation of his vested right to these specific uses of his property in that it grants a Class II Special Permit to an adjacent property owner, the effect of which is to destroy the intended use of the underlying SD-2 district and as such it will cause the appellant to suffer special and irreparable damage different from that sustained by the rest of the community. Thus, this permit is a violation of the appellants substantive due process rights. This permit will deny the appellant of substantially all economically beneficial or productive use of his land. As such, it is an unconstitutional taking of the appellants property. Even if this permit does not rise to the level of a taking, it would inordinately burden the appellants vested right of use of his property. Thus, pursuant to Section 70.001 of the Florida Statutes, the City of Miami will be liable to the appellant for any damages incurred by him as a result of this permit. lD 97- 143 Is F Ms. Teresita Fernandez December 30, 1996 page 9 Please do not hesitate to contact me if you have any questions concerning this appeal. AC AL CARDENAS 97- 143 /� Mr. Osvaldo Moran-Ribeaux offered the following Resolution and moved its adoption. RESOLUTION ZB 132-96 A RESOLUTION DENYING THE APPEAL OF MURRY DIAMOND AND JOHN K. SHUBIN AND UPHOLDING THE DECISION OF THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY PLANNING AND REVITALIZATION ON THE CLASS II SPECIAL PERMIT APPLICATION NO. 96-3247 APPROVED WITH CONDITIONS ON OCTOBER 16, 1996, HEREBY ATTACHED, FOR EXTERIOR MODIFICATIONS TO EXISTING NON -CONFORMING STRUCTURES WITHIN THE SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT AND SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT, PER SECTIONS 602.3.1, 617.3.1, 906.7.3 AND 1106.1 OF ORDINANCE NO: 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI; ZONED O OFFICE, SD-2 COCONUT GROVE CENTRAL COMMERCIAL DISTRICT, SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT AND SD-19 DESIGNATED F.A.R. OVERLAY DISTRICT FOR THE PROPERTY LOCATED AT 2951 SOUTH BAYSHORE DRIVE (THE MUTINY) LEGALLY DESCRIBED AS TRACK A, SAILBOAT BAY SUBDIVISION AMENDED (96-85) PUBLIC RECORDS OF DADE COUNTY. Upon being seconded by Mr. George Barket the motion was passed and adopted by the following vote: AYES: Mses. Basila & Morales Messrs. Moran-Ribeaux, Barket &, Obregon NAYES: Mr. Carman ABSENT: Ms. Hernandez Messrs. Gibbs & Luaces Ms. Fernandez: Motion carries 5-1 December 16, 1996 Zoning Board L Item # 4 97— 143 Iq LAW OFFICES SHUBIN & BASS P R 0 F E S S 1 0 N A L A S S 0 C I A T 1 0 N October 30, 1996 Ms. Teresita Fernandez Chief, Zoning Department 300 Biscayne Blvd Way Suite 400 Miami, FL 33131 Re: Appeal of Class II Special Permit Flagler Development Inc. 2951 South Bayshore Dr. ("The Mutiny") It is my understanding that you are the Clerk for the City of Miami Zoning Board ("Zoning Board")and the person designated by the City Manager pursuant to Section 2062 of City of Miami Zoning Ordinance ( "Zoning Ordinance") for the filing of appeals of a Class II Special Permit. The purpose of this letter is to appeal the Class II Permit issued to the above -referenced applicant on October 16, 1996. The appellant in this case is Jeffrey S. Bass, who is the owner of real property located at 2901 South Bayshore Drive which property directly abuts The Mutiny. Mr. Bass previously appealed the Class II Special Permit ("prior permit") which was issued by the City of Miami and tendered the appropriate appellate filing fee. As the prior permit was unilaterally rescinded by the City of Miami without a public hearing, Mr. Bass shall apply the appellate filing fee tendered in connection with the prior permit to the instant appeal. Despite Mr. Bass's prior request for the return of the prior permit appellate fee, no such funds have been forthcoming. The basis for the appeal is as follows: * The Department of Community Planning and Revitalization has failed to make specific findings and has failed to duly consider the potential adverse impact of the proposed parking garage on the adjacent residential uses as required by sections 1305 of the City of Miami Zoning Code. Specifically, the proposed expansions will place parking in close proximity to existing residential uses ML0kMI TAMPA 46 S.W.1st Street. 3rd Floor, Miami, Florida 33130 707 Florida Avenue, Tampa, Florida 338M Ph: 305.381.6060 F)c 305.381.9457 Ph: 813*223.4785 F)c 813.223.4787 97- 143 ?,/ and such parking will generate" noise, vibrations, dust, dirt, light and fumes which shall negatively impact the adjacent residential uses and shall be incompatible with such uses. Please do not hesitate to contact me if you have any questions concerning this correspondence. Sincerely, John K. Shubin For the Firm F:\WPWIN61\WPWIN60\WPDOcs\MOTINY\FHRNDZ.APP ; �L SHUBIN & BASS, P.A. 97- 143 l o�2A1ar(c� Dl,Pr . LrQrc,XA.0 Murry Diamond 5149 S.W. 71 Place Miami, FL 33155 (305) 666-7314 October 28, 1996 Ms. Terisita Fernandez Chief, Zoning Department - Office of the Hearing Board 300 Biscayne Blvd. Way Suite 400 Miami, FL 33131 Hand Delivered Re: Class II Special Permit 96-3247 RE: Permit Basis of Appeal to Issued Class II Special Permit Flagler Development, Inc. 2951 South Bayshore Drive ("The Mutiny") Dear Ms. Fernandez: It is my understanding that you are the Clerk for the City of Miami Zoning Board ("Zoning Board") and the person designated by the City Manager pursuant to Section 2002 of City of Miami Zoning Ordinance ("Zoning Ordinance") for the filing of appeals of Class I1 Special Permit. The purpose of this letter is to appeal Class II Permit issued to the above -referenced applicant of October 16,1996. The appellant in this case is Murry Diamond, who is the owner of real property located at 2903 McFarlane Road, which property abuts the Mutiny. The basis for the appeal are as follows: 1. The Department of Community Planning and Revitalization has failed to make specific findings and has failed to duly consider the potential adverse impact on the adjacent existing and proposed residential (as well as retail and commercial) and pedestrian -friendly uses created by the modification to the parking garage. In this regard the Department has failed to consider what, if any, latent parking demand will be created by the proposed expansion and the effect of such demand on traffic patterns on South Bayshore Drive and McFarlane Road._ 2. The Department has failed to make specific findings and duly consider the adequacy of ingress and egress to the proposed parking garage by occupants, their visitors, and by visitors to the village center and what, if any, traffic stacking problem will be caused by such ingress and egress. 3. The Department has failed to makes specific findings and duly consider the ro'ect's failure P P &S Y P J to include an entirely enclosed parking garage to contain the noise and air pollution created by additional unenclosed parking and the negative impact of such noise and pollution on the existing and proposed pattern of development in the Center Grove. Additionally, the Department has failed to provide an adequate buffer with adjacent properties. 4. The Department has failed to create an atmosphere which will encourage pedestrian traffic consistent with the intent of the creation of the district. Very truly yours, Mur iamond 143 CITY OF MIAMI CLASS II SPECIAL PERMIT FINAL DECISION To: Adrienne Friesner Pardo 1221 Brickell Avenue Miami, FL. 33113 From: Jack L. Luff, Director Department of Community Planning & Revitalization Please take notice that I have reached an final decision on the following matter: Title: Exterior Modification to structures within the SD-2 and SD-17 districts, modifications to existing nonconforming structures and accessory convenience use of restaurant in a residential structure. Address: 2951 S. Bayshore Drive, Miami, A. My final decision is: ❑ Approval 13"'Approval with conditions ❑ Denial FINDINGS AND CONDITIONS: The subject proposal has been reviewed for Class 11 Special Permit pursuant to Sections 602.3.1, 617.3.1, 906.7.3 and 1106.1 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. This Sections requires that a Class 11 Special Permit shall be required prior to approval of any permit in the subject districts for the exterior remodeling of any structure visible from a public street, the remodeling of an existing legally non -conforming structure and the establishment of a restaurant as an accessory use in a residential structure. Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Department of Community Planning and Revitalization has made referrals to the following Departments and Boards. • Zoning Division, Building and Zoning Department. L 2S 97- 143 Northeast Coconut Grove NET Office, Neighborhood Enhancement Team. • Urban Development Review Board, meeting of July 2nd, 1996. Their comments and recommendations have been duly considered and are reflected in this final decision. In reviewing this application , pursuant to Section 1305 of the Zoning Ordinance, the following findings have been made: • It is found that the proposed modifications will result in a marked enhancement of the presently disheveled building. • It is found that the architect has selected a palette of colors and materials that agree well with the character of the area and make a previously dated building appear current again. • It is found that the proposed modifications to the existing parking garage structures will benefit the area by providing parking in excess of what is required by the development on -site, thus enabling the site to accommodate a significant number of visitors to the village center. • It is found that the revised set of plans submitted by the applicant provides for a roof structure over the garage which will mitigate, if not completely eliminate, any potential adverse effects which could arise from the number of vehicles which the structure is built to accommodate. • It is found that the plantings at the ground level along McFarlane Rd. will help reduce the visual scale of the garage structure and make for a more pedestrian friendly environment along the street. • It is found that although the flag pole atop the building presently exists and is not overly conspicuous, an inappropriate banner or flag could bring excessive attention to it, thus making it more of a landmark than its meant to be. • It is found that with regards to all other criteria specified in section 1305 of the Zoning Ordinance the subject proposal is hereby determined to be adequate. Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 1306 of the Zoning Ordinance, the following conditions and safeguards are hereby set forth. This Class II Special Permit is hereby approved subject to the plans and supplementary materials submitted by the applicant and on file with the City of Miami Department of Community Planing and Revitalization with the following conditions and safeguards. 12-� Z 97- 143 1 1. A house flag or banner shall be permissible on the existing flagpole; however, such flag or banner shall not exceed ten (10) feet in length by six (6) feet in height.. 2. All signage is excluded from this permit and shall be the subject of a separate permit to be approved by the City of Miami Department of Community Planing and Revitalization. 101114 The final decision of the Director may be appealed to the Zoning Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, temporarily located at 300 Biscayne Blvd. Way, Suite 400, Miami, FL. 33131. Telephone number (305) 350-7904. Signa Date /o -/G - 9l�- Department of Community Planning and Revitalization 32-7 97- 143 ti DISCLOSURE OF OWNERSHIP I. Legal description and street address of subject real property: Tract A, SAILBOAT BAY SUBDIVISION AMENDED, Plat Book 96 at Page 85 of the PRDC. 2951 S. Bayshore Drive i 2. Owner(s) of subject real property and percentage of ownership. Note: City of Nuns Ordinance No. 9419 requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question 12 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. See attached Exhibit "A" 3. legal description and street address of any real property (a) owned by any party listed in answer to question i2, and (b) located within 375 feet of the subject real property. none OWNER OR ATTORNEY FOR OWNER Adrienne Friesner Pardo STATE OF FLORIDA } SS: MOM OF UK } Adrienne F. Pardo being duly sworn, deposes and says that he is the (Owner) (Attorney for Owner) of the real property described in wd mr to question fl, above; that he has read the foregoing answers and that the sale are true and complete; and (if acting as attorney for owner) that he has authority to execute the Disclosure of Ownership fora on behalf of the owner. '/-9 - (SEAL) (Name) Adrienne Friesner Pardo SWORN TO AND SUBSCRIBED before at this 22 day of Nov. 1996 `-- Notary Public, State of Florida at Large MY C"ISSION EXPIRES: ROSA M. MAY MY CM UMON / CC 344M E7 8: ,mwwy 27,1W 97- 143 L OWNER'S LIST Owner's Name Mutiny on the Bay, Ltd. Mailing Address 2951 S. Bayshore Drive, Miami, Florida Telephone Number 4 4 5— 9 7 0 0 Legal Description: Tract A, SAILBOAT BAY SUBDIVISION AMENDED, Plat Book 96 at Page 85 of the PRDC. 2951 S. Bayshore Drive Owner's Name Mailing Address Telephone Number Legal Description: Own*r's Nacre Mailing Address Telephone Nw*or Legal Description: Any other real estate property owned individually, jointly, or severally (by corporation, partnership or privately) within 315 feet of the subject site is listed as follows: Street Address Legal Description none Street Address Legal Description Street Address 30 Legal Description 97- 143 F .l 11u13ny en TM iry, ltd. , �=�''t7 J�J 1 Ore�sniNp a?tructuro fdlcaldo C1urNn T5% �i�lagwr t3wtlop�n�urt, 1,OD % Raul Iftharta 25% 2051 B. whore oliveC Cat Grove, FL 33133 t.IralSpld Farreiara RI=* Dw#n lw% FINOW u nY ab. � 48.28% Ift 2i1 Si. ftyore Pow 1 Coconsit tilOvs, FL 39133 Jal"h Mw 100% S:oe yE 0r4�rs Batt cm 52l0 "K"suko am 21.0Q% tlSiot PWft 33131 I Ektwm dd t00% I tMsNggi Snwraapieeat, ' --, 52D St � � � tWWltroit. Fakir 33131 P%* Pow" awm� SiStlfi 9.Q0li Sir M M I& Fsomom si a a Key nos MMFW Fkdit331M I PoMlsArOw &A. 100% t skied viewS lkam 7.04% POoft Im Sm AM PR OOM T*W Pwkmft02.1M6 Ai ow 01111';M Opni us Ift a a% homd In Mft ptftrrerthip I 2M4 2 Qw --- nd.- TOTAL. P. 02 97- 143 Fl- 7 ■ "THE MUTINY" CLASS II APPEAL w ORDINANCE J-96-392 Ito the t."m,itted i in co'C"101-1 Mil - Item on OZ,lt wafte-f 97- 143 APPEAL CLASS II PERMIT #96-3247 2951 S. Bayshore "THE MUTINY" L Drive � "7 143 EXHIBITS CLASS II 1. Map of Area (Board) 2. Developer General Plan (Board) 3. §401 R-4 offstreet parking requirements 4a. Unit Diagrams (Board) 4b. Unit Diagrams (Board) 5. Class II Special Permit Final Decision 6. §602 SD-2 Requirements 7. §1106.1 Nonconforming Structures 8. §1303 Special Permit Requirements 9a. Developers plan for parking garage with no markings (Board) 9b. Parking garage plan with architect markings (Board) 10, §917.2 Parking Space Standards 11a Off -Street Parking Guide 11b Minimum Parking Standards 12a Letter to City Attorney regarding Ordinance #11386 12b Facsimile from City Clerk's Office as to non - availability of Ordinance #11386 13. §1307.1 Requirement of Public Availability of Information on Which Decision is Based. 14. §1305 General Considerations for Class II Special Permit 15. Parking loss chart (Board) 16. Appeal Letter 17. Stay Letter 97- 143 In § 401 MIAMI, FLORIDA quirements which may be affected, the dedicated area and adjacent beneficial green space shall be included, except that the minimum front yard shall be provided within the boundaries of the newly established lot line. Intensity: Minimum lot size: Twenty thousand (20,000) square feet. Setbacks: Front - twenty (20) feet, side - ten (10) feet, rear - ten (10) feet except when abutting R-1 or R-2 districts, in which case it will be twenty (20) feet. Height: For buildings which abut a right-of-way of less than one hundred (100) feet in width, the maximum height of a building at the base building line is equal to the sum of the right-of-way plus the two (2) front setbacks on either side of the right-of-way or one hundred twenty (120) feet, whichever is greater. Portions of buildings above that point (the maximum height of a building at the base building line) shall not exceed a height as delineated by a forty-five (45) degree inward sloping plane measured by a ratio of one (1) foot horizontal and one (1) foot vertical except in lots with multiple street frontages, where this additional setback applies to frontage on arterials and collectors only. For buildings which abut a right-of-way of one hundred (100) feet or more in width, the maximum height of a building at its base building line is two hundred forty (240) feet; portions of buildings above that point (two hundred forty (240) feet in height) shall not: (. exceed a height as delineated by a sixty (60) degree inward -sloping plane measured by i a ratio of one (1) foot horizontal and two (2) feet vertical measured from said point. Minimum lot width: One hundred (100) feet. Floor area ratio: Maximum of one and seventy -two -hundredths (1.72) times the gross lot area. Building footprint: Maximum of four -tenths (0.40) times the gross lot area.. Green space: Minimum of fifteen -hundredths (0.15) times the gross ;lot area. . Permitted Principal Uses: 1. One -family buildings. 2. Two-family buildings. 3. Multiple -family buildings. 4. Hotels'(except in area bounded by S.W. 15 Road; S.W. 25 Road; Brickell Avenue and Biscayne Bay). 5. Motels (except in area bounded by S.W. 15 Road; S.W. 25 Road; Brickell Avenue and Biscayne Bay). 6. Tourist homes (except in area bounded by S.W. 15 Road; S.W. 25 Road; Brickell Avenue and Biscayne Bay). EXHIBIT C ` i, B s,,,,,y. No. 3 108 9 - 143 L F 4 SEW!' BY:MM PLAN KEY/AS:­X%J&. its U. 0 CITY OF MIAMI CLASS 11 SPECIAL PERMIT FINAL DECISION C1 G-3 2- q_7 To: Adrienne Friesner Pardo 1221 B(ickell Avenue Miami, FL 33113 From: Jack L. tuft, Director Department of Community Planning & Revitalization Please take notice that I have reached an final decision on the following matter: Title: Exterior Modification to structures within the SD-2 and SD-17 districts, modifications to existing nonconforming structures and accessory convenience use of restaurant in a residential structure. Address: 2951 S. Bayshore Drive, Miami, Fl. My final decision is: 11 Approval [Approval with conditions Denial FINDINGS AND CONDITIONS. i :The subject prop'osal has been reviewed for Class Al Special Pbrmitp ursucini to. Sections 602.3.1, .611;3.1, 906.7-3 and 1106.1 of Ordinohte 1. 1000, as', amended; the Z6nih.g brclin ' ance of the City. .. of, Miami, This Sections requires-. tha V-a: Class 11- Spediak.... Permit shall 'be required pri6r to .6.1pproval of any [)ermlt. in -the -subjpct'd.istricts:.for.. tji'e exterior remodeling of any structure visible fr*om* a public street, the remodeling of. an existing legally non -conforming structure and the, establishment of a )'estdurant as.. all accessory use in a residential structure. Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Department of Community Planning and Revitalization has made referrals to the following Departments and Boards. • Zoning Division, Building and 7oning Depnrtmeni. EXHIBIT "57 1 97- 143 Northeast Coconut Grove NET Office, Neighborhood Enhancement Team. • Urban Development Review Board, meeting of July 20, 1??6. Their comments and recommendations have been duly considered and are reflected in this final decision, in reviewing this application , pursuant 10 Section 1305 of the Zoning Ordinance, the following findings have been made: • It is found that the proposed modifications will result in a marked enhancement of the presently disheveled building. • It is found that the architect has selected a palette of colors and materials that agree well with the character of the area and make a previously dated building appear current again. • It is found that the proposed modifications to the existing parking garage structures will benefit the area by providing parking in excess of what is required by the development on -site, thus enabling the site to accommodate a significant number of visitors to the village center. • II is found that the revised set of plans submitted by the applicant provides for a roof structure over the garage which will mificdnie, if not completely eliminate, any potential adverse effects which could arise from the number of vehicles which the structure is built to accommodate. It is found that the plantings at the ground level alone McFarlane Rd. will help reduce the visual scale of the garage structure and make for a more pedestrian friendly environment along the street. • It is found that although the flag pole atop the building presently exists and is -not overly conspigljous, an inappropriate banner or flag could bring excessive attention to il, thus making if more of a landmark than its meant to be. .It is found that wish regards to all other criteria specified in section 1305 of the Zoning Ordinance3he subject proposal is hereby determined to be adequate: Based on the above findingsand the considered cidvice of the officers and cadencies consulted on this matter and pursuant to Section 1306 of the Zoning Ordinance, the following conditions and safeguaards are hereby set forth. This Class 11 Special Permit is hereby approved subject to the plans and supplementary materials submitted by the applicant and on tile with the City of Miami Department of Community Planing and Revitalization with the following conditions and safeguards. 97- 143. L 1. A house flag or banner shall be permissible on the existing flagpole; however, such flag or banner shall not exceed ten (10) feet in length by six (6) feet in height. 2 All signage is excluded from this perrnit and shall be the subject of a separate permit to be approved by the City of Miami Department of Community Planing and Revitalization. NOTICE The final decision of the Director may be appealed to the Zoning Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of.Hearing Beards, temporarily located at 300 Biscayne Blvd. Way, Suite A00, Miami, FL. 33131. Telephone number (305) 350-7904, Signatur Date J4ck.Luft, Director ~_ Department of Community Planning and Revitalization m 3 97- 143' 'A ,'ZONING § 602.3 sectiog Martin Luther King Boulevard in the area described at section 601.4.1.1. All such yards shall be landscaped and shall not be used for offstreet parking, but drive- ways equal in maximum width to twenty-five (25) percent of the width of the lot (or depth where such yards adjoin at the side) may be permitted to cross such yards. (Ord. No. 10771, § 1, 7=26.90; Ord. No. 10863, § 1, 3-28.91) Sec. G01.9.' Reserved. , Sec. 601.10. Minimum offstreet parking. Minimum offstreet parking shall be as required, for C-1. (Ord. No. 10771,11, 7-26-90;•Ord: No. 10863,• § 1, 3-28-91) . Sec. 602. SD-2 Coconut Grove Central Commercial District. Sec. 602.1. Intent. Within the commercial center of Coconut Grove, it is of special and substantial public interest to strengthen unique historic and cultural character by regulations encouraging retail and service development with strong pedestrian orientation. It is further intended to en- courage innovative site planning and architectural design, and to create opportunities for combining residential and nonresidential uses in a pattern minimizing potential adverse effects of such combinations. (Ord. No. 10863, § 1, 3-28.91) Sec. 602.2. Effect of SD-2 district designation. The effect of these SD-2 regulations shall be to supplant district regulations within por. tions of other zoning districts included within the SD boundaries to the extent indicated herein. ,(Ord. No.. 10863, § •1, 3-28-91) Sec. 602.3: Class II Special Permit. 602.3.1..When required. A -Class II Special Permit shall be required prior to approval of any permit (except special permits pursuant to article 13) affecting the -height, bulk, location or exterior configuration of any existing building; or for the erection of any new building; or for the location, relocation or alteration of any structure, parking area or vehicular way or sign visible from a public street. 602.3,2. Considerations in making Class 11 .Special Permit determinations. The purpose of the Class II Special Permit shall be to ensure conformity of the application with the expressed intent of this district, with the general considerations listed in section E 1305, and with the special considerations listed below. EXHIBIT �rc1r 5upp �,�,,.:t 17c) 97- 143 L § 602.3 MIAMI, FLORIDA On primary pedestrian pathways as shown on the zoning atlas, design guidelines in the "City of Miami Primary Pedestrian Pathway Design Guides and Standards " shall apply. (Ord. No. 10771, § 1, 7.26-90; Ord. No. 10863, § 1, 3.28-91) Sec. 602.4. Permitted principal -uses and structures. Except as required in section 602.4.1, -permitted principal uses and structures shall be the same.as permitted for C-1. - . :602.4.1. Principal uses permitted an ground floor frontage of prirrlary pedestrian- pathways. . • .602.4.1.1. Only the following principal uses shall be permitted on the ground floor frontagd of pedestrian streets: 1. Retail establishments, as follows: Antique stores, art stores and commercial art galleries; bicycle sales; book and stationery stores open to the general public; china and crockery stores; drugstores; florist, including plant and shrub sales; food stores, including bakeries, confectioneries, delicatessens, food establishments —take-out only, fruit and vegetable markets, groceries, ice cream stores, meat or fish markets; gift shops; ,hardware stores; hobby shops; home appliance stores; interior decoration supply stores (but not general furniture _ stores); establishments for sale of marine accessories (but not sale of boats in- volving outdoor display or storage within the district); jewelry stores; news- stands; office supply stores; optical goods stores; package liquor stores (without drive-in facilities); pet shops; photographic supply stores; variety and sundry stores; establishments for sale of wearing apparel. Such establishments may provide incidental repair, maintenance, adjustment or alteration services as ap- propriate, but facilities, operation and storage in relation to such services shall not be visible from any street or street -related pedestrian open space. Aside from antique stores, art galleries, bookstores, and jewelry stores, no such retail estab- lishments shall dealin'secondhand merchandise. 2. Service establishments, including barbershops and' beauty parlors; health spas or' studios; laundry and dry cleaning agencies or establishments, including Chose coin -operated facilities with rated capacity limited to twenty-five (25) pounds per machine, five.hundred (500) pounds total for laundry, and ten' (10)'pounds per machine,'forty (40) pourids-tot' for dry cleaning; Ietter, photostat and duplicating service; locksmiths; photographic 'service;' shoe. and Ieather goods repairs; 'tai-' loring, dressmaking, millinery or drapery fabrication, except where products are for off -premises sale. 3. Production of handicrafts (but not mass-produced items) incidental to sale at retail on the premises. 4. Restaurants, tearooms and cafes, except drive-in, including those with dancing t and live entertainment and with outdoor dining areas, subject to limitations indicated for buffer overlay districts. supp No. 2 L 180 97- 143 F ZONING § 602.6 5. Bars, saloons and taverns, private clubs, and supper clubs, including those with dancing and live entertainment, are permitted in such ground floor locations along pedestrian streets or elsewhere within this district only by Special Excep- tion, and only subject to limitations on Buffer overlay'districts. 6. Commercial recreational establishments such as pool halls, billiard parlors and game rooms: 7.. Theaters. 8. Publicly owned.or operated recreational. facilities, neighborhood •centers,_art *gal- =' leries, museums, libraries and the like, and similar privately owned facilities not operated for prdfit. 9. Dance• halls, for.• recreation and entertainment;, by Special Exception only: Off-. . street parking shall• be as for meeting halls/places of 'general assembly in. C-1. All sales, display and service activities of uses permitted above shall be contained within completely enclosed buildings, except that, in open space or partially open space, there may be outdoor dining areas; exhibits and sale of arts and crafts (other than those involving mass-produced items), of flowers, plants and shrubs, involving display and sale; and vegetables, produce, citrus or other unpackaged foods involving sale and display, subject to applicable state health regulations. 602.4.1.2. The following rules shall apply concerning extent and location of the following uses on ground floor frontage of primary pedestrian pathways: 1. On corner lots adjoining pedestrian streets on two (2) exposures, limitations as to the uses permitted on ground floor frontage shall apply. k 2. The frontage of a lot on a pedestrian street shall be occupied at the ground floor level by uses permitted under the limitations of section 602.4.1.1 for at least sixty-five (65) percent of lot width. i (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 11051, § 2, 3-25-93; Ord. No. 11106, § 3, 11-23-93) See. 602.5. Permitted accessory uses and structures. Uses and structures which are customarily accessory and clearly inciderital to permitted principal uses and structures, approved in the same special permit proceedings, and initiated or completed within any time limits established generally or in relation to the special permit, shall be permitted subject to limitations established -by these or generally applicable regular tions. Other accessory'uses and:structures shall require a separate Class II Special Permit. No aboveground offstreet parking or loading areas shall be permitted *between any.'front portion . - of a building and the front line of a lot adjoining a pedestrian street. (Ord. No. 10863, § 1, 3-28 91) Sec. 602.6. Minimum lot requirements. 602.6.1. Minimum lot requirements. 1. For residential uses only, not involving mixtures with other uses, minimum lot width and area shall be as for R-3 districts. Supp No § 602.6 MIAMI, FLORIDA 2. For other uses, shall be as for C-1 districts. (Ord. No. 10863, § 1, 3.28.91) Sec. 602.7. Floor area limitations. 609.7.1. Floor area limitations for combination residential or. nonresidential use in ¢ building. Except as 'modified'by section 60.2.7.2. 'below: 1. The maximum floor area ratio for residential or nonresidential use in a building shall not exceed eighty -six -hundredths (0.86) times the gross lot area. 2: Mixed -use buildings: The maximum floor, area for combination residential and non- residential use in a building shall not exceed one and twenty -one -hundredths (1.2i)- times the gross lot area. 602.7.2. Allowable increase in floor area for buildings providing certain supporting uses; lim- itations. The maximum floor area shall be increased in conformance with the following provisions and limitations: 1. Underground and/or enclosed parking: When seventy-five (75) percent of required onsite parking is provided in an underground parking structure or in an enclosed abovegrade parking structure (with automobiles screened from view), the floor area ratio shall be increased fifteen -hundredths (0.15) times the gross lot area. 2. Open space: For each one (1) percent of open space that a building provides over the required amount of open space, the floor area shall be increased by fifteen -thousandths (0.015) times the gross lot area not to exceed a total of four -tenths (0.4) times the gross lot area. 3. Community theaters: For each one (1) gross square foot that a building provides for a theater for the performing arts, the floor area shall -be increased by four {4).square feet. (Ord. No. 10863, § 1, 3.28-91) Sec. 602.8. Minimum open space requirements. 602.8.1. Minimum yard, except for balconies and awnings.' Except as required in specified locations; setbacks adjacent to streets shall beat least five .(5) feet in depth. (Ord. No. 10863, § 1, 3-28-91 Sec. 602.9. Maximum height. Height within this district shall be limited to fifty (50) feet. (Ord. No. 10863, § 1, 3.28-91) Supp. No. •, L 182 97 - 143 ZONING Sec. 602.10. Minimum offstreet parking. 602.10 Minimum offstreet parking shall be as required for C-1 district, unless otherwise indicated for a particular use. No variance for the reduction of the number of parking spaces is permit- ted. 1. For.all nonresidential development existing.and/or in operation at the time of passage of this ordinance, all required nonresidential parking may be permitted offsite any- where within that. part. of the. SD-2 district which lies east of Margaret Street, and' that part of the SD-17 District, west of S.W. 27th Avenue, subject to the requirements and conditions of section 602.12. Special Exception approval is not required for ofl'site parking and one hundred (100) percent of required parking may be located offsite.. Except asprovided below, all 'new. development to be. approved after passage of.this ordinance shall .be subject to all requirements and limitations of section 918. 2. For all new development on parcels, existing, and undeveloped as of October 27, 1993, of one-half (1/2) acre or less in size, one hundred (100) percent of required parking may be located offsite anywhere within that part of the SD-2 district which lies east of Margaret Street, subject to the requirements and conditions of section 602.12. 3. In any mixed -use development including a theater, spaces required for other nonres- idential uses may be credited toward meeting requirements for the theater to the extent justified by timing of peak demands, by a Class II Special Permit. 4. Where outdoor areas, including the public right-of-way, are regularly used for display and sales, or as dining areas, including areas under awnings which are used for dining and/or other commercial activities, the area so used shall be calculated as part of the establishment's total floor area and shall comply with offstreet parking require- ments. Permit fees for sidewalk cafes shall be prescribed by section 54-111 of the Code of the City of Miami, and additionally, a payment in lieu of providing offstreet parking may be made as prescribed in section 35-194 of the Code of the City of Miami, and shall be paid into the Coconut Grove Parking Improvement Trust Fund as provided by Chapter 35, Article VIII of the Code of the City of Miami. 5. Shared parking facilities. for which parking demand occurs at different times of the - day may be permitted by special exception, but only upon a finding that the hours of operation -for the proposed uses are not. concurrent and that there is no negative impact. on the surrounding. areas, pursuant to Article 13. of this ordinance. Applica- Lions for shared parking must be signed by'the owner's of -the facilities or their legal representatives. Such,shared parking shall be accepted in the form of a recorded covenant running with the land, in favor of the -city, and signed by all owners, or their legal representatives, of the property(ties) involved, establishing the limitation of operating hours for both uses, the total number of parking spaces available and committed, the beneficiary of the commitment. The planning director is to be notified by certified mail six (6) months in advance of termination. Such covenant is intended to be binding for three (3) years and is to be executed in advance of the issuance of the special exception and subsequent yearly occupational licenses. Supp. No. :3 L 183 97- 143 § 602.10 MIAMI, FLORIDA 6. Where required offstreet parking is to be permitted to be located offsite, within that portion of the SD-2 district which lies east of Margaret Street, an agreement shall be required as in section 918.5 that the city is to be notified by registered mail six (6) months in advance of proposed termination of the commitment of parking .spaces. Alternatively, a payment•in lieu of providing required offstreet parking may be made, subject to approval by the planning director, according to the provisions of section 602.12. (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord:'No. •11051, § 2, 3-25-93; Ord. No. 11093',' § 1, 9-'27-93) Sec. 602.11. Limitations on' signs. No. signs intended to'be read from off the premises shall be erected except as provided below: 602.11.1. General limitations. 602.11.1.1. Prohibited signs. Billboards, poster panels, ground or freestanding signs and other outdoor advertising signs shall be prohibited in this district. Other offsite signs shall be prohibited except for temporary civic and political campaign signs or except when signs are posted on community or neighborhood bulletin boards or kiosks, in accordance with limitations and regulations relating thereto at section 925.3.10 and those applied in special permit proceedings on particular community or neighborhood bulletin boards or kiosks. 602.11.1.2. Signs more than fifteen feet above grade, limitations on number, area, subject matter. Signs erected with their lowest portions more than fifteen (15) feet above grade shall be limited to those identifying the building and the nature of the estab- lishments it contains. Only one (1) such sign, not exceeding fifty (50) square feet in area, for every one hundred fifty (150) feet of length of building wall shall be permitted for each face of the building oriented toward the street. 602.11.1-3. Signs fifteen feet or less above grade, limitations on number and area. Wall-* . signs (not including signs in glassed areas of windows :or doors) and projecting signs . erected with their highest portion fifteen (15) feet or less. above grade'shall be limited. in total area to twenty (20) square feet, except as otherwise specifically provided herein. Signs in the glassed. areas of windows and doors .shall not exceed twenty (20) . percent of the glassed area of.the,window or door involved. One (1):ground -sign, limited to ten (10) square feet in .area may be erected for buildings on lots where the street yard exceeds twenty (20) feet in'depth. 602.11.2. Detailed limitations, wall signs, projecting signs, marquee signs, window signs. Within the twenty (20) square feet maximum allowable at or below fifteen (15) feet above grade, the following limitations shall apply to number and area of signs. Not more than one (1) wall sign may be erected per establishment, and maximum area of any such sign shall be twenty (20) square feet. Not more than one (1) projecting sign, other than a marquee sign, shall Supp. No. 3 L 184 97- 143 ZONING § 602.12 be erected, with not to exceed two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Marquee signs shall be limited to one (1) per establishment and three (3) square feet in sign area. 602.11.3. Real estate signs, construction signs, development signs, number and area. Real estate, construction or development signs, individually or in combination, shall be limited to one (1) per street frontage, not exceeding ten (10) square feet in area, and erected with the highest portion fifteen (15) feet or less above grade. Real estate signs which are not part of construction or development signs shall not require a special permit. 602.11.4. Directional signs, number and area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. 602.11.5. Community or neighborhood bulletin boards or kiosks, area and location. Area and location of community or neighborhood bulletin boards or kiosks shall be deter- mined at the time of special permit proceeding. 602.11.6. Additional wall signs for theaters, museums, noncommercial art galleries. In addition to signs permitted above, theaters, museums, noncommercial art galleries and the like may have wall sign areas for display of announcements concerning coming or current exhibits or performances. Area of such display surfaces shall not exceed two (2) square feet for each lineal foot of building wall frontage on a street, with maximum permitted area two hundred (200) square feet. 602.11.7. Special permit requirements, specified types of signs. Except where such• signs are approved i'n connection with general special permit actions conceiving development on the premises, a Class II'Special Permit shall be required for the following signs: Permanent window or* door signs, projecting signs, marquee signs, develop- ment signs, construction signs, directional signs, community or neighborhood bulletin boards -or kiosks, and wall sign display areas for theaters, museums, noncommercial 'art galleries and the, like. (Ord. No. 10771, § 1, 7-26 90; Ord. No.'10863, § 1, 3=28=91) Sec. 602.12. Payment in lieu of required offstreet parking. 1. Upon application to the. planning director, the owner of a property for which ofTstreet parking is required, but which the owner is unable to provide onsite parking, may request a waiver of any or all of the required spaces by substituting the payment of li a fee per space in lieu of providing the required parking spaces. Supp. No. 3 L 185 97- 143 § 602.12 MIAMI, FLORIDA 2. If the waiver of required offstreet parking is approved by the planning director, the applicant shall pay the required fee per space to the department of offstreet parking for deposit in a special fund entitled "Coconut Grove Parking Improvement Trust Fund" pursuant to the provisions of Chapter 35, Article VIII of the Code of the City of Miami. 3. Payment of the required fee per space maybe made in the form of a one-time payment of a fixed amount, or in the form of monthly payments for so long as the offstreet parking waiver is in effect. 4. Fees for the parking waiver shall be as established by Chapter 35, Article VIII of the Code of the City of Miami, and shall be posted on the schedule of fees by the planning, building and zoning department. 5. If the owner of a property applies for and is granted the right to substitute a fee in lieu of parking as provided for in this subsection, payment must be made in advance of issuance of a Certificate of Occupancy or Certificate of Use, as applicable. If the applicant already holds a valid Certificate of Occupancy or Certificate of Use, pay- ment shall be made within thirty (30) days of approval of the requested waiver. Failure to make the required payment shall cause the Certificate of Occupancy or Certificate of Use to be revoked. (Ord. No. 11051, § 2, 3-25-93) Sec. 603. SD-3 Coconut Grove Major Streets Overlay District. Sec. 603.1. Intent. Within Coconut Grove, a number of subareas along major streets are of special and substantial public interest because of unusual architectural and natural features. It is the intent of these special district regulations that future public and private development shall respect and enhance this character, preserving property values and enhancing Coconut Grove's desirability as a place to live and work. These- special regulations are intended to apply to highly visible area, strategically located along major streets in the community, to protect against inappropriate height, discordant or incongruent'design, disturbance of natural fea- tures,; and to encourage development in such portions of the community in a manner appro- priate to preservation of its unique physical, cultural and historic heritage. (Ord.. No. 10863, § 1, 3-28-91) Seq. 603.2. Effect of SD-3 district designation. . . The effect of these SD-3 regulations shall be to modify regulations within portions of other zoning districts included within the SD boundaries to the extent indicated herein. (Ord. No. 10863, § 1, 3-28-91) Sec. 603.3. Class I and Class II Special Permits. j 603.3.1. When required. Supp. No. ;1 In 186 9 97- 143 ZONING § 1106 gross square footage of the building at the time of destruction except in HP districts where the HC board may allow reconstruction of historically designated buildings. Where damage is less than fifty (50) percent of the gross square footage of the building, such structures may be restored to the same or lesser size and in the same location, provided, however, that restoration shall begin within six (6) months of damage and be diligently carried to completion, and nonconforming use may be resumed and continued as before, or on a lesser scale, through Class II Special Permit but in any case shall not be enlarged or intensified. Unless restoration is so initiated and completed, the use shall terminate and not be resumed. 1104.9. Special Exception for replacement or reconstruction of destroyed structures containing nonconforming uses. Where a structure or structures containing a nonconforming use is destroyed to an extent of fifty (50) percent or more of the gross square footage at time of destruction, by explosion, fire, act of God, or the public enemy, the zoning board may, as a Special Exception, allow its replacement or reconstruction in whole or in part upon making all of the following findings: (a) That the cause of destruction was not the deliberate action of the owner or occupant of the structure or their agents; and (b) That nothing contained in the provisions of this ordinance required termination of such nonconforming use; and (c) That the board finds substantial public advantage in continuance of the noncon- forming use; and (d) That the primary purpose of continuing the nonconforming use is not to continue an economic monopoly; and (e) That replacement or reconstruction in the manner proposed, with related actions imposed in conditions and safeguards by the board, would reduce any previous ad- verse effects of the use on neighboring properties. (Ord. No. 10863, § 1, 3.28-91) Sec. 1'105.. Reserved. Seca 1106. Nonconforming structures. 1106.L.•Structural change, extension, or expansion. No such building or structure, or portion thereof, which is nonconforming shall be en- barged, extended, or altered in any way which .increases its nonconformity; but it may be enlarged, extended, or altered pursuant to a Class II Special Permit so long as the degree of its nonconformity remains the sarne or is decreased. 1106.1.1. Repairs and maintenance. On any nonconforming building or structure, or non- conforming portion of a building or structure, and/or any building or structure con- taining a nonconforming use, work may be d6ne in any period of twelve (12) consec- EXHI'BtT 423 a °7a P 97- 143 L § 1106 MIAMI, FLORIDA utive months on ordinary repairs, or on repair or replacement of loadbearing walls (or of bearing walls where necessary for structural safety), fixtures, wiring, or plumbing to an extent involving up to twenty (20) percent of the gross square footage of the building or structure (or of the portion of a building or structure if a nonconforming portion is involved). 1106.1.2. Unsafe nonconforming structures. If a nonconforming building or structure, or nonconforming portion of a building or structure, or any building or structure con- taining a nonconforming use becomes unsafe or unlawful, and is declared by the duly authorized official of the City of Miami to be unsafe or unlawful by reason of physical condition, it shall not thereafter be restored, repaired, or rebuilt except in conformity with the regulations of the district in which it is located. 1106.2. Damage. Should a building or structure or portion thereof, nonconforming under this section, be destroyed to an extent of more than fifty (50) percent of its assessed valuation at the time such damage or destruction occurs, it shall not thereafter be reconstructed except in conformity with the provisions of this zoning ordinance; provided, however, that if reconstruction is essential to the reasonable conforming use of the building or structure, the zoning board may, by Special Exception, allow reconstruction to the extent reasonably necessary to allow such reasonable conforming use; provided such reconstruction or repair shall be started within a period of six (6) months of the date of destruction; and provided, further, that if reconstruction \.. or repair is not begun within the six-month period, the building or structure shall not be constructed or repaired except in conformity with this zoning ordinance. 1106.3. Mouing. A nonconforming building or structure may be moved on its own lot only under a Special Exception. Such permit shall be issued only upon a finding by the zoning board that the proposed movement reduces the degree of nonconformity to the maximum extent reasonably feasible, or eliminates such nonconformity; but the building or structure shall in no case be moved on. its own lot in such a manner as to increase the degree of nonconformity. Where a nonconforming building or structure is moved off -its 'lot, it shall thereafter conform to the regulations for the district in which it is located after it is moved. All new construction shall conform to all. conditions, of the district in which it is located. (Ord. No..10771, § 1, 7-26.90;•. Ord. No. 10863, .§ 1, 3-28-91) Sec. 1107. Nonconforming characteristics of use. Where nonconforming characteristics of use exist, such as signs, offstreet parking and loading, lighting, landscaping, or similar matters, such nonconforming characteristics of use may continue except as provided below. Nonconforming characteristics of use shall be construed as including those where the nonconformity was created by ordinance adoption or amendment, as provided at section 1101.1, 424 97- 143 ZONING § 1303 recommendations and may make referrals to other agencies, bodies, or officers for review, analysis, and/or technical findings and determinations and reports thereon. (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 10976, § 1, 4-20-92) Sec. 1302. Relation of special permits to building permits or certificates of use; to initiation or maintenance of use or occupancy. Where building permits or certificates of use are required by this zoning ordinance or other codes or ordinances of the city, no such building permit or certificate of use shall be issued where this ordinance requires special permits unless and until any and all special permits required have been obtained. Where uses or occupancies do not require building permits or certificates of use, but are otherwise subject to requirements of this zoning ordinance, no such use or occupancy shall be initiated or maintained unless and until any and all special permits required herein in relation thereto have been obtained. (Ord. No. 10863, § 1, 3-28-91) Sec. 1303. Special permits to be issued or denied in accordance with procedures, standards, and requirements of this ordinance. Special permits relating to this zoning ordinance shall be required only where specific provision therefor is made by this zoning ordinance. No application for a special permit shall be accepted or approved unless specific provision for the particular special permit appears in this zoning ordinance. Special permits in relation to zoning shall be issued or denied only in accordance with the procedures, standards, and requirements of this zoning ordinance. Where applications for special permits demonstrate that general and special standards and requirements for such special permits are met, the agent, agency, or body of the city herein made responsible for the grant of such special permit shall issue such permit, subject to conditions and safeguards required in the particular circumstances of the case and -as authorized and limited at section .1306, Conditions'and'safeguards, below.. Where applications for special permits indicate that actions proposed .therein, 'or the manner.in'which they are.propgsed-to be. conducted,. do not meet the standards and require- ments: of this ordinance, and could not practically and reasonably -be made to do so by attach- ment of conditions and'safeguards so authorized an& limited, such applications andpermits shall be denied. 1303.1. Action to be iahen within time limits specified. 'rime limitations set out herein involving actions by the zoning board, the planning advi- sory board or the city commission shall not be applicable during the thirty-one (31) days of AugusL. (Ord. No. 1.0863, § 1, 3-28-91) EXHIBIT Situp. Nei. a L 459 .•H•9'7-- 143 ZONING 917 rant and hotel offstreet parking facilities maintained with valet parking only may be approved by Special Exception for up to fifty (50) percent of existing offstreet parking spaces, provided that the minimum offstreet parking requirements of this ordinance and "The City of Miami Offstreet Parking Guides and Standards" are satisfied; provided also that an attendant shall remain on duty during business hours or as long as the principal building is occupied. 917.2. Parking space standards. Permanently maintained offstreet parking for vehicles shall be provided in connection with any building or premises used or designed to be used for the purposes set forth in this article. For the purpose of this article, each parking space shall be a minimum of eight and one-half (8.5) by eighteen (18) feet. Where parking spaces for the handicapped are to be pro- vided, they shall be a minimum of eighteen (18) feet long, and the width and quantity shall be in accordance with the South Florida Building Code. Parking stall and aisle dimensions shall conform to the requirements of "The City of Miami Offstreet Parking Design Guides and Standards." 917.3. Application of City of Miami Guides and Standards to location, improvement, and landscaping of offstreet parking facilities. Location, design, construction, surfacing, drainage, lighting, landscaping, screening, and 1 maintenance of offstreet parking facilities and access thereto, whether or not such parking !/ facilities are required by this ordinance, shall be in accordance with "The City of Miami �Offstreet Parking Guides and Standards." 917.4. Class I Special Permits required for substantial modification of existing facilities in- cluding ten or more spaces. J Where it is proposed to make substantial modification of existing facilities including ten (10) or more spaces, required or otherwise, a Class I Special Permit shall be required. ("Sub- stantial modification" shall be construed for purposes of this regulation as including changes in number, location, dimensions, or arrangement •of -spaces -or aisles, entrances or exits, or character, type, or amount of landscaping,) „ 917.5. Parking requirem, ents'for housing for the elderly) .by, Class H Special Permit, • limitations.. Offstreet parking.space requirements in connection with housing for. the elderlycon- forming to the requirements -of state and/or federal programs for housing fo'r the'el'derly may. be'allowed by'Class II Special Permit only ih an -amount not to be lessthan one (1) parking space per every two (2)-diwelling units.'The remaining one-half (1/2) of land area whieh.would-., otherwise be used for parking shall be set aside. -and mainiained.as open space or utilized for recreational purposes. The following requirements and limitations shall apply: (a) Applicant shall submit written certification from the corresponding state or federal agency in charge of the program. (b) Such offstreet parking shall be permitted upon a finding that, in view of location of such housing, the economic status of anticipated occupants, and other pertinent con - EXHIBIT :35.3 ■ •10.. 97- 143 i EXHII "11a r: ----------------------- SEE DETAIL CJ 1 - A Q • � s PARALLEL PARKING v SEE DETAIL,,,-- 4 \ 4" WHITE STAIR'£ � \ 2'- O" STANDARD STALL DETAIL "A" 01 :TWO WAY TRAFFIC, DOUBLE LOADED (2 Rows OFSTALLs, ANGLE PARKING Oz z ONE WAY TRAFFIC, DOUBLE ;' OAOED (2 ROWS OF STALLS) , 03=ONE WAY TRAFFIC, SINGLE LOADED•( 1 ROW OF STALLS) VEHICLE STALL DIMENSIONS 18' STALL LENGTH A 8 C D, D2 D, 23'-0" 8I-6" 9'- 0" 20'-0" 10'-0" 10'-0" 13=061 12�-0" 8`-6" 18`-9". "18'-P': 9'-6" 10--9" -450 It 8-6. 19'-3 18�-6" 9,-6" 10'-9" ; O- 10'-5'� 8'-6" 19-7" 18'-9" 10';3" 11'-5" 55- _ ' 9,!0. 19'-4" tl'-10" 12'-8" 60- 9I_5it 8`-6'� 20'-O" 19'-8" 1�4',- 1" 15.- 1" 65- 9'-1" 8�-6 19'-II" 19'-9" 16'-3" 17'-1" 700 8� 10" 8'-6�� .19'-8" 20'-3" 18'-3" 18'-ICr' 75- 8�.8��• 8!-6" 19'-3" 1.20'-6" 20'-0" 20'-3" 800 8l-6" 8�-4' 18'-9" 21'-7" .2l'-7" 21'-9" 85" 81-6 8'-6` 18'-0" 23'-0" 23'-0" 23'-0" 90' NOTES ;1. WMERE .a STALL•'ABUTS. A-P"YSIC.A.OBSI9UN TCTIO•,THE. STALL WIDTH SMALL 8E INCRIIAZJM AY -I'. WMERQ�THERE•.IS AN OBSTftCT1ON ON SOTM SIM, THE STALL. WIDTH SHALL BE INCREASED EY 2'. DIMENS10613 SHOWN ARE MIN. FOR UNOBSTRUCTED PARKING AND MANEUVERING. -WHERE PM'fSI[CAL 083TRtJCTI0N8 EXIST, A00MCI1AL WIDTH OAUST BE PROVIDED FOR PARKING AND TURNING MOVIMENTS. 2. A OOUBLe PAINTED LINE IS STD. ON ALL PARKING LAYOUTS. MIN. WIDTH OF PAINTED LINES IS 47 , COLOR WHITE. 3. THIS STANDARO TO SUPERCEDE ALL OTHER NAPKINO STANDARDS. M9INIMUM PARKING STANDARDS OFF STREET PARKING DEPARTMENT OF PUBLIC WORKS CITY OF MICA) , I-ORIDA NO SCALE SEPT 1990 SHEET ! 0= .. R-! 1 35-65-:E' . 97- 143 j J DESIGN STANDARDS AND GUIDELINES I / � j 1. Daywalk/Riverwalk design standards and guidelines, i A. General principles. i Public access waterfront walkways shall: 1. Feel public. No one should feel as if.he or she is intrudipg on private property. The i public should feel welcome and at ease to move along the entire length of the bay/river walk, Signage should clearly establish the public's right to use the walkway, 2. Be usable. Young and old, handicapped and joggers, lovers, fishermen, business and men and women, everyone should find the bay/riverwalk usable. Potential conflicts between } active and passive users should be prevented through segregation of bay/riverlwalk use i zones. (See DESIGN STANDARDS below). i 3. Provide visual access. The attraction is the water. All landscaping, furniture, i lighting guard rails and planters should be subordinated to enhance maximum visibility 1 to the water. Simplicity of design is preferred. The views of, adjacent private i development should not be obstructed. ' 4. Enhance visual quality. Parking and service areas must be..gompletely screened from the walkway. Materials,• color and forms should complement the natural shoreline environment. '. 5. Connect to other public areas. Public parks, transit stops, thoroughfares, midblock walkways, shopping areas, and publicly accessible plazas should connect to the bay/river walk. i, 6. Take advantage of bay/river setting. Where practical, boating and fishing activities should be incorporated into Bay/Riverwalk designs. Elevated viewing areas, historically interpretive markers and signs are desirable. i B. Design standards. f The Bay/River Walk shall be a minimum of twenty (20) feet wide overall and shall consist;of five distinct zones: an edge zone, a safety buffer zone, a circulation zone, a passive j zone, and a transition and security zone. � 1 £t{ge zare. 1. The top of the bulkhead or seawall shall be at a constant elevation for the length of the bay/river walk.' It shall be 18 to 30 inches wide at the top. 2. Safety ladders of stainless steel or galvanized steel shall be placed a maximum of 100 feet apart along the face of the seawall or bulkhead, 'to allow for climbing out of the water at low tide. 3. The top of the seawall/bulkhead shall be 6 to 8 inches higher than the surface of the baywalk circulation zone. f 4. The inside edgeof the seawall/bulkhead shall,be beveled. ,c i5. The top surface of seawall/bulkhead shall be -textured and of a lighter color than ` the surface of the circulation zone'. Safety buffer zme. 1. Since railings, walls and/or other barriers are not desirable along the water's edge, bay/river walk users need to be warned when coming close to the water with a 3 j to 5•foot wide safety buffer zone consisting of a rough textured surface that I discourages walking. I 2. Paving within the safety buffer zone shall be a type of cobble stone with "ri.yer rock", approximately 3/4 to 1 1/2 inches in diameter, set in concrete leaving. a relief of 1/4 to 1/2 inches or similar. EXH1131T "11b" 9 r7 - 14 3 L F Y Circulatiat zate.. 1. The bay/river walk circulation zone shall consist of a linear pedestrian walkway or promenade and shall be 8 to 12 feet wide. 2. The walkway may ,meander along the shoreline; however all offsets in the alignment of the walkway shall not exceed 6 feet and be spaced not less than 50 feet apart. 3. Obstructions to movement (trees, bollards, lighting, etc.) within the circulation zone shall not reduce the clear width of the walkway to less than 8 feet at any point, 4. Variable textures and materials may be used to surface the promenade. 5. The promenade surface shall be at a constant elevation, and shall be accessible to handicapped persons throughout the entire length of the bay/river walk. Azssiue Zane. 1. The area for sitting, accent landscaping and concessions shall be located'along the inland side of the bay/river walk, and shall be not less than 4 feet wide. 2. Short lengths of the passive zone may be elevated 18 to 24 inches above the level of the promenade for enhanced bay and river views, 3. All benches shall have back rests, and their placement shall emphasize direct views • of the water. 4. Seating surfaces shall be Purple Heart, Western Red Cedar or Redwood. 5. All furniture shall be permanently installed preferably by direct burial in concrete, 6. Appropriate additional furniture including trash receptacles, overhead canopies or shelters, drinking fountains, etc., shall be confined to the passive zone. 1. The passive zone may be paved in plain concrete or the paver on the main circulation zone. 7}ansitias and security z=. 1. To buffer private development from the adjacent bay/river walk a minimum 3 foot wide transition zone shall border the, bay/river walk facility, 2. This visual and functippal transition from public to private space shall generally be marked by low level shrubbery and overhead shade or ornamental trees. 3. Security to limit public access to private property may be provided by fences, grade changes or retaining walls. All screens and walls shall be landscaped to reduce their visual impact.'8n the walkway. 4. For adjacent developments that serve the public (i.e., restaurants, shops, hotels, entertainment, etc.) provision of wide, visible and easy pedestrian accesss to the bay/river walk shall be assured. 5. In general, landscaping and security barriers shall not visually screen the bay/river walk from adjacent active uses, such as retail -restaurants, or entertainment, 97- 143 i C. Standards and guidelines for design elements. Lonisccping, 1 1. Shade trees shall be confined to the inland edge of the passive zone. j2. Palms may be used along either edge of the bay/river walk, but Coconut Palms or 1 Sabal Palms are. particularly appropriate. for the water's edge. i 3. Raised planters, if used, shall be confined to -the passive zone, and all planter walls shall double as'sitting walls, 15 to 30 inches in height. 4. Plant material shall be primarily native salt -tolerant species. Lighting. I 1. lighting at the water's edge shall be confined to 8-inch diameter bollards, -which shall be 24 to 30 inches high and spaced approximately 20 feet on center. 2. Bollards shall be 100 Watt MV,with down illumination not extending beyond the: bulkhead line. 3. Overhead lighting shall be confined to the passive zone.,ArA consist of down lighting with lamps not over.14 feet high, 175 watt MV, and spaced approximately 50 feet on center. I ' 4. Up lighting of landscaping, particularly shade trees, shall be confined to the passive zone and trans ition,zone.r, 5. Mercury vapor, metal halide lamps or similar "white" light luminaires shall be used. j 6. Colored lighting, except for private signs, shall not be used. 7. Simple contemporary fixture design shall be used as opposed to highly stylized, vintage or period designs. signage. 1. All public access bay/river walks shall be marked with the standard "Public Shore" sign. 2. All major public access points, including park walkways, roadways, dedicated midblock walks and public plazas, shall be marked with "Public Shore" signs, 3. Adjacent accessible publicly oriented private development, such as cafes or shops, shall identify the use with signage in the transition zone. 4. Uniformly designed historic or environmental markers and descriptive plaques shall be placed in the passive zone. 5. signage shall identify,access points and adjacent activities, (cafes, shops, etc.) for boaters. 97- 143 L F ll. Urban plaza design standards and guidelines. Urban pla?'' hall be open and unobstructed to the sky and sh -`-he accessible to the public at all times. arally, urban plazas shall not exceed twenty-1 (25) percent of the lineal frontage of the lot on any public street. if The following design standards and guidelines shall apply to Urban Plazas where required by applicable zoning district regulations or where necessary to meet requirements for a floor area ratio bonus. A. Review and approval process. asign concept. • • Approval of the design concept shall be obtained fromthe Planning,. Building and Zoning Department and, where applicable, by the Urban Development Review Board. The minimum information to be submitted for such approval shall includes V 1, Site plan no less than 1 inch to 20 feet in scale, showing all proposed plaza improvements and including grade elevations and dimensions. 2. Elevation drawings of ground floor perimeter walls. 3. Elevation drawings of any proposed shelters, kiosks, fountains, or similar features. 4. List of proposed plant materials, keyed to site plan. 5. Tabulation of required and provided Urban Plaza standards including total area, area within 3.5 feet of adjacent sidewalk grade, area of unobstructed pedestrian movement (not obstructed by permanent structures,, water, cafes, planting beds, etc.), number of shade trees, linear seating dimensions, etc. 6. Samples of major paving and finish materials. B. Dimensions; accessibility. 1. Urban Plaza space shall be no more than 3.5 feet different in elevation from the adjoining public sidewalk for at least 704 of its total area. The remaining 30% of the' total area may step up to meet minimum flood zone criteria for the ground floor elevation of buildings. J 2. Urban plaza space shall be open and unobstructed to. the public sidewalk for at least 30 lineal feet or 50% of its total length of frontage, whichever is greater. Steps shall not be considered as obstructions provided that a ratio of tread to riser no less than 2:1 is maintained. Along the remaining length of frontage, in order to allow maximum visibility from the street to the urban plaza, no wall may be constructed averaging higher than 36 inches above nor at any point higher than 5 feet above sidewalk level of the nearest adjoining 'street. 3. Urban Plaza space shall have a minimum dimension of 20 feet. 4• Urban Plaza space shall be accessible to the handicapped. C. Activity. 1. Urban Plaza space shall contain at .)east one activity generating feature, including but not limited to a large fountain with seating along the edges;�outdoor cafe; amphitheater or stage for outdoor performances; ground flooi%Iretail shops with direct access to the plaza; open pavilions for vendors; kinetic sculpture. 2. Urban Plaza space may contain unenclosed roofed shelters, fabric roofs or windbreaks, trellises, exhibit and.display stands and cases, community bulletin boards, kiosks, open air cafes, and vending pavilions. Such items shall be exempted from limitations on occupancy of yard areas, parking requirements, and floor area ratio calculations, Such shelters, structures, and facilities may not exceed 40% of the Urban Plaza area. 97- 143 3. Urban Plaza space shall have at least 60% of its total surface.,area designed for pedestri ` 'ccess. This may include pavement, grass, or g 1 seating space, but not includir,, in air cafes, planting beds or other obstruction.. 4. Where an open air cafe is provided it shall be a permanently unenclosed eating or drinking place, permitted by applicable district regulations, which may have waiter or table service, and is open to the sky except that it may have a trellis or temporary fabric roof. An open air. cafe must be accessible from all 'sides where there -is a boundary with the remainder of the Urban, -Plaza. An open air cafe may occupy an aggregate area not more than 20 percent of .all total area of the Urban Plaza. No kitchen equipment shall be installed within an open air cafe. Kitchen equipment may be contained in a pavilion adjoining the open air cafe. 5. Where a vending pavilion is provided, 1t shall be a one story structure, predominantly -qf light materials, such as metal, glass, plastic, or fabric, which including roofed areas, does not exceed 150 square feet in area. .r D, Trees and plantings. f 1. Shade trees shall be provided as follows: One per 500 square feet for plazas for up to 2,000 square feet of required plaza area; one per 800 square feet for plazas up to 6,000 square feet in required area; and one per 1,000 square feet for plazas exceeding 6,000 \ square feet in required area. W 2. Required trees shall be no less than 14 feet in overall height, 10 feet in spread and 3 inches in .caliper at the time of planting. Each tree shall be planted in a minimum of, t 200 cubic feet of prepared planting soil with a depth of at least 5 feet. Irrigation - shall be provided in a pop-up unit or subterranean leaky pipe. Perforated aluminum root { guards, 48-60 inches in diameter are recommended. 3. Required trees shall be of a native species or acceptable hardwood varieties. 4. Trees planted in pedestrian access areas shall be maintained with a minimum of 6 feet 5 inches of clear trunk, and where possible shall have tree grates or permeable pavement to allow flow of air and,water to the root system. 5. The above shall be construed as minimum standards for shade trees. In addition, Urban Plazas shall include an appropriate selection of palms, flowering trees, shrubs, and ground covers. S E. Seating. There shall be a minimum of one linear foot of seating for each 30 square feet of Urban 'Plaza area. Not more than 50 percent of *the credited linear seating capacity may be in movable seats which may be stored between the hours of 7 PM and 7 AM. Qualifications of seating shall be in accordance with the following standards: 1. Seating shall have a minimum depth of 16 inches. Seating with backs at least 12 inches high shall have a minimum'depth of 14 inches. Seating 30 inches or more in depth shall count double provided there 1s access to both sides.. 2. Seating higher than 36 inches and lower than 12 inches above the level of the adjacent walking surface shall not count toward meeting the seating requirements. 3. The tops of walls including but not .limited to those which bound planting beds, fountains and pools may be counted as seating when they conform to the dimensional standards'in subparagraphs (1) and (2) above, 4. Movable seating or chairs, excluding seating for the exclusive use of open air cafes may be credited as 30 inches of linear seating per chair. S. Steps, seats in outdoor amphitheaters -and seating of open air cafes do not count toward the seating requirements. G. Shade shall be provided for at least 50% of the required seating, 7. For the benefit of handicapped persons, a minimum of 5 percent of the required seating shall have backs. 8. For the benefit of non-smokers, a minimum of 50k of the seating shall be reserved for non-smokers. Jr L 97- 143 } i F. lighting and electrical power, 1. Urban Plazas shall be illuminated throughout with an overall minimum average level of illumination of not less than two horizontal foot candles (lumens per foot). 2. Electrical power shall be supplied by one or more outlets furnishing a total of 1',200 watts of power for every,4,000 square feet, or fraction thereof, of an Urban Plaza. t G. Prohibition of driveways, parking spaces, loading berths, exhaust vents and building trash storage facilities. 1. No parking spaces, passenger dropoffs, driveways or loading berths are permitted as part of an Urban Plaza, and except in exceptional circumstances. No such vehicular facility shall bisect an Urban Plaza, 2. No building trash storage facilities are permitted on any Urban Plaza. 3. No exhaust vents are permitted on any Urban Plaza or on the building wall of the development fronting upon the Urban Plaza except where such vents on the building wall are more than 20 feet above the level of the Urban Plaza. a 97- 143 L 1 III. Design standards and guidelines for the Southeast Overtown/Park Nest Redevelopment Project. \ The "Design Standards and Guidelines for the Southeast Overtown/Park West Redevelopment Project", are incorporated herein by reference. I A 97- 143 L IV. Primary pedestrian pathway design standards and guidelines. A. Intent. Within existing retail districts and in areas where retail expansion is proposed for the future, the ground floor space in •buildings shall be designed to accommodate retail shops and other uses that promote an•'active pedestrian sidewalk environment. D. Regulations. No building permit shall be issued on lots abutting any street or waterfront shown as a "primary pedestrian pathway" in the zoning atlas, or listed as such within a particular Special Districts (SDs), except in .accord with the following design standards. Compliance with these standards shall be determined by Class II Special Permit except when a Special Exception Permit or MUSP is issued. 1. A minimum of sixty-five percent (65%) of the linear frontage of any lot abutting a designated "primary pedestrian pathway" shall contain ground floor space -designed to accommodate -retail and other uses that promote pedestrian traffic. The design of such space shall meet the standards listed below, except for buildings that are intended primarily for residential use, where ground floor pedestrian oriented uses would be inappropriate or disruptive to the residential use. • a. All ground level space designed for pedestrian oriented uses shall .•have external entrances directly accessible from public sidewalk space. b. For the first ten•.(10) feet of height above the public sidewalk elevation, the exterior building wall shall contain windows and/or doorways of transparent glass covering at.least fifty percent of the wall area. C. The interior floor elevation shall be no more than six (6) inches above -the adjacent public• sidewalk, except where federal flood zones would require the finished ground floor elevation to be higher. Where there is a difference of forty-two (42) inches or less between the federally mandated lowest habitable floor elevation and the public sidewalk elevation, exterior building walls shall be floodproofed.in accord with Federal Emergency Management Agency (FEMA) standards, in order to permit habitable floor space no more than six (6) inches above the public sidewalk elevation. Where there is a difference of more than forty-two (42) inches between the federally mandated lowest habitable floor elevation and the public sidewalk elevation, building entrances shall be no more than forty-two (42) inches above the adjacent public sidewalk elevation, and floodproofing shall be utilized to minimize the elevation differential between the ground floor elevation and the adjacent public sidewalk. Outdoor cafes, outdoor sale of merchandise, or retail display windows beginning no more than forty-two (42) inches above the adjacent public sidewalk elevation shall be required where the lowest habitable floor elevation 'is mpre than forty-two (42) inches above the adjacent public sidewalk elevation. 2. The remaining frontage7'(thirty-five percent) may be dedicated to entrances, lobbies, driveways, or non -pedestrian oriented uses, subject to the following: ��—(s�-�c l2�- •plzl�l; a. Vehicular access and loading areas shall not be permitted along primary pedestrian pathways where access is available from other streets. b. Yards adjacent to primary pedestrian pathways may be crossed by vehicular driveways equal in maximum width to twenty-five (25) percent of the total linear frontage of the lot, provided that in no case shall any such driveway exceed eighteen (18) feet in width (aside from flares). c. Parking, loading, and service areas shall'be enclosed within buildings or screened from public view with' decorative walls and/or landscaping. Une6closed/parking or loading areas adjacent to a primary pedestrian pathway shall only be permissible by Class 1I Special Permit. 97-- 143 ' r 3, The ground floor of buildings shall be set back from the property line where necessary to provide a minimum sidewalk width of twenty (20) feet from face of building to curb line except —where a proposed building would have less than 200 linear feet of continuous frontage on a primary pedestrian pathway and existing adjacent buildings would prevent a consistent setback along at least one half of the block, Unless otherwise prohibited by yard and setback areas applicable to.the zoning district, the upper floors of buildings may overhang this setback area, The setback area shall be improved to meet adopted design standards for the adjacent public sidewalk including pavers, landscaping, street lighting fixtures and awnings, 4, overhead or underground pedestrian connections shall permitted to cross "primary pedestrian pathways" only where necessary to provide transfers between a public transit station and a public parking garage or where there is a barrier that prevents pedestrian movement at street level, except for internal connections within a single business or public facility, but generally shall not be considered to connect structures occupied by more than one business or use, including parking. 5. Minimum open space required for all ground floor nonresidential uses shall be provided at ground level and shall be accessible to the public from the primary pedestrian pathway during business hours, and shall be located, designed, improved and safeguarded to provide attractive, convenient. and secure areas for outdoor exhibits, displays and sales, and other .outdoor activities appropriate to permitted ground floor uses. To these ends, all open space provided along primary pedestrian pathways shall be appropriately landscaped and furnished for active and passive pedestrian' enjoyment, comfort and convenience, ..•+ •\ L 97- 143 v. Design standards for open space and residential recreation space. A. Intent. Within certain Special Districts, (SDs) where.high intensity development is permitted with minimal yard and setback requirements, there is a need to provide open space for the use and enjoyment of the general public within nonresidential development, and to provide recreation space for the use and enjoyment of persons living within a residential development. r These design standards for open space and residential 'recreation space are intended to ensure that .such space is appropriately located, designed, and maintained to be accessible, usable, attractive, and safe. Alternative types of open space and residential recreation space •are permitted in order to promote a variety of spaces, and to provide sufficient flexibility for all developments to meet the minimum requirements for open space and/or residential recreation space within the applicable zoning district. B. Design standards for open space. Minimum required open space for nonresidential uses shall be designed, constructed and maintained in accord with the design standards for any of the following alternative types of open space; Urban plaza. ,,.. • Urban plazas shall conform to section II of these standards, and in addition, urban plazas shall be open and unobstructed to the sky and shall be accessible to the public at all times. Generally, urban plazas shall not exceed twenty-five (25) percent of the lineal frontage of the lot on any public street. Urban garden. Urban gardens shall be exterior spaces, located at ground level with at least one side adjacent to and accessed from a public walkway. The character of an urban garden is defined by a predominance of plant material. Urban gardens shall be a minimum of 1,200 square feet in area, provide at least one seat for every twenty square feet of garden area, and contain at least one special feature such as a fountain or art work. Atricnt a WIN Atriums• shall be interior enclosed spaces permeated with natural light from above, Atriums shall be located at ground level with at least one side adjacent to and accessed from a public sidewalk, and shall be open to the public during normal business hours,. Atriums shall be a minimum of 1000 square feet in floor area, have a minimum ceiling, height of thirty (30) feet, contain appropriate plant materials, provide at least one seat for every fifty (50) square feet of atrium, and contain at least one special feature such as a fountain or art work. View terrace. View terraces shall be -exterior spaces located at upper levels of buildings where the public may enjoy views of the city or Biscayne Bay. View terraces shall be open and accessible to the public during normal business hours. View terraces shall be a minimum of Boo square feet and provide suitable seating and improvements for public use. Mver=lle and baCc=lh. Riverwalks and baywalks shall conform to the to the design standards and guidelines in section I of thass standards, 97-- 143 I . C. Design standards for residential recreation space. Minimum required open space for residential uses shall be designed, constructed and maintained in accord with the design standards for any of the following alternative types of residential recreation space: Balconies, terraces, and eourtyrrrrls, These spaces may be accessible only to the residents of an individual dwelling unit. Balconies, terraces and courtyards shall be open to the outdoor air on at least one side. iCUtdoor'ouivm recreation space. Outdoor common recreation space shall be accessible to all residents of a building and shall be improved with landscaping, lighting, seating, swimming pools, tennis courts, playgrounds, and the like. Outdoor common recreation space may be located at ground level or on upper level terraces and rooftops. Yard and setback areas around the perimeter of a lot and areas within or adjacent to parking areas shall generally not be considered to be outdoor common recreation space unless such space is an integral part of a larger recreation space or extraordinary .improvements are provided to promote recreational use by residents. Indoor arrmm recreation space. .Indoor common recreation space shall be accessible to all residents of a building and shall be improved and furnished for use. as exercise rooms, game rooms, saunas; spas, or Indoor sports.' 97- 143 L VI. Offstreet parking guides and standards. The following Guides and Standards shall apply to offstreet parking required by the City of Miami Zoning ordinance, or as otherwise. provided. For general performance standards concerning offstreet parking facilities, refer to section 917 of the Zoning Text. Offstreet parking shall be designed; constructed and maintained to provide safe, convenient vehicle parking and pedestrian movement to.and from parked vehicles. r Desigp and construction of all required and/or provided parking stalls, access aisles, driveways, paving, curbing, wheel stops, drainage, and marking shall further be in accordance with City of Miami, Department of Public Works, Engineering Standards for Design and Construction. A. Site plan review and approval. A site plan shall be submitted to the Planning, Building and Zoning Department which clearly and accurately indicates the existing and proposed parking spaces, access aisles; driveways, sprinklers or.water outlets, the location, size anddescription of all landscape materials, and the relationship of the parking and landscaped areas to the uses and/or structures that. the offstreet parking facilities or lots are intended to serve. N� P No such plans shall be approved by the Planning, Building and Zoning Department unless it is LQ�{x determined that the layout of the facilities or lot, 'including ,landscaping, will provide for N �T 70 reasonable protection against undesirable effects with respect to contiguous property. It shall also be determined that the landscaping will preserve and improve the appearance and character of the surrounding' neighborhood, through the screening effects and aesthetic qualities of such landscaping. ^ B. length and width of stalls. Where the side of any. stall, abuts a wall, fence, building, or other physical obstruction, the stall widths provided herein shall be increased by one (1) foot. Where there is an obstruction on both sides of the stall, the widths provided herein shall be increased two (2) feet. Standard stalls shall be a minimum of eight and one-half (8 1/2) feet in width and eighteen (18) feet in length. Where an interlocking module arrangement is used for angle parking, the opposing vehicles shall have front bumpers abutting one, another. The front bumper of an opposing vehicle shall not abut the fender of the.other vehicle. C. Parking stalls required for physically handicapped drivers. Parking stalls required for physically handicapped drivers shall be provided as required by the South Florida Building Code. Where parking spaces for the handicapped are to be provided, they shall be a minimum of N9lCAF eighteen (18) feet long *and the width and quantity shall be in accordance with the South 01 Florida Building Code. All such stalls reserved for physically handicapped drivers shall A r4.{clearly be designated with appropriate signage. Stalls shall be located as close as � jCf jbRkQ,C - possible to ramps, walkways., entrances and elevators. Where feasible, such parking stalls shall be so located that physically handicapped drivers are not compelled to walk or wheel across main traffic lanes and/or behind parked cars to reach ramps, walkways, entrances and elevators. 97- 143 L i D. Access aisles, Access aisles betwet,t rows of stalls shall have minimum widths, free of any obstructions, as indicated in the following table. Width of Aisle; Width of Aisle; Width of Aisle; Angle of One -Way Traffic Two -Way Traffic One -Way Traffic Pirkina Double Loaded pqubie Loaded Sinale loaded 900 23.0 feet 23.0 feet 23.0 feet 60 11.8 feet 19.3 feet 12.7 feet 450 9.5 feet 18.5 feet 10.8 feet Parallel 10.0 feet 20.0 feet 10.0 feet E. Width,' location, and slope of driveways, Driveways leading to parking areas shall have no less than ten (10)' feet of paved width. For any parking area providing ten (10) or more parking stalls, a one-way driveway shall have no less than ten (10) feet of paved width and a two-way driveway shall have no ldss than twenty (20) feet of paved width. No:door•or pedestrian entrance at ground level shall open directly upon any parking stall,, driveway, or access aisle unless the doorway or pedestrian entrance is at least three (3) feet from said stall, driveway or access aisle. Ingress and egress driveways leading to parking areas shall be located so as to provide maximum length for waiting vehicles. , Combined ingress=egress driveways shall be located at or near the middle of the block. Where ingress and egress driveways are separated, the ingress .driveway shall be located as far up in the block as is practical and the egress driveway shall be located as far down in the block as is practical. Where the vehicular egress from an offstreet parking facility to a public street or alley is a ramp sloping upward to meet the street or alley grade, the slope shall not exceed one (1) in twenty (20) for the last twenty (20) feet to the base building line, as in accordance i with the South Florida Building Code. Where the vehicular egress from an offstreet parking facility to a public street or alley is a ramp sloping downward to meet the street or alley grade, the slope shall not exceed one (1) in ten (10) for the last twenty (20) feet to the base building line, as in accordance with the South Florida Building Code. Where a driveway crosses the base building line, such driveway shall be' a minimum of five (5) feet from any side property line. F. Vertical clearance. All required and/or provid4:d offstreet parking facilities shall have a minimum :vertical clearance of, seven (7) feet:. Where such a.facility is to be used by trucks and/Or buses, the minimum vertical clearance shall be fifteen (15) feet. Vertical clearance shall be clearly marked on overhead structures having less than sixteen (16) feet of clearance. (Refer to section 923 of the Zoning Text.) G. Ingress vehicular control devices. r�N T n,� L�DParking ticket dispensers and other ingress vehicular control devices that require a vehicle `� i`-`"�' _ to stop prior to entering a parking facility, shall be so located as to provide a minimum GN T� CIE--� approach driveway of twenty (20) feet in length �ptween the base building line and the (G ticket dispenser. Additional driveway length shall Be provided where waiting vehicles would T - UP otherwise infringe on any public street, alley, or sidewalk. DN '( 6F*Ub1*::H. Pavement. All required and/or provided offstreet parking facilities shall be properly paved with an approved continuous pavement except where otherwise provided herein. 9'7 - 143 L Single-family_a�d two-family detached or semidetached dwellinvs..may utilize portland cement concrete ri s in place• of continuous pavement, E 'mmentally or historically significant , .as may utilize non -continuous, permeable par.ment in place of continuous pavement. I. - Drainage, Drainage shall be provided to all required and/or provided offstreet parking facilities so as not to cause any nuisance or damage to adjacent property. The provision of such drainage shall be in accordance with the South Florida Building Code. I J. Lighting. Adequate lighting shall be provided if the required and/or provided offstreet parking facilities are to be used at night. All lighting shall be designed and arranged so as -to prevent glaro or excessive light on adjacent property. Such lighting design and arrangement .shall be in accordance with Article VI of the Miami Code. r K. Marking. Each parking stall shall be marked with .painted or thermoplastic white double lines between spaces. Width of such lines shall,be four (4) inches. - • Each parking stall shall be provided with a wheel stop or raised continuous curbing serving as a wheel stop. -The back of the curb or wheel stop shall be•�lpcated two (2) feet from the\ end of each stall. „ j Signs or arrows marked. by a.permanent,.durable, contrasting material shall indicate the directions of traffic movements. L. Landscaping. All required and/or provided surface offstreet parking facilities and parking lots shall be landscaped in accordance with the following standards: The landscaping shall include lawn, shrubs, hedges, trees, or other acceptable materials that may be used as visual amenities, All landscaped areas shall be planted with grass or l an approved ground cover or.material. In instances where substantial or meaningful plant -material exists on a site prior to its development, such landscape material may be used if approved by the Planning, Building and Zoning Department as meeting the requirements of these landscaping Guides and Standards for offstreet parking facilities and parking lots. Landscape nnterial. All required landscape materials shall be graded "Florida No. 1," or better, as defined in "Grades and Standards for Nursery Plants," Part I and 1I, by the State of Florida Department of Agriculture. Trees shall be a minimum of ten (10) feet in. overall height upon planting. All required trees shall be of an approved shade tree variety which shall attain a minimum mature crown spread greater than fifteen (15) feet. Such trees shall have a clear trunk of at least five (5) feet above finished grade level. Shrubs and hedges shall be a minimum of two and one-half (2-1/2) feet in height upon planting. Hedge material shall be planted a maximum of two and one-half (2-1/2) feet on center and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one (1) year after planting. w Periphery kozdsag>et areas, A landscaped area that is a minimum of five (5) feet in 'width shall border all periphery parking areas when said parking area is located along any street or is adjacent to any required and/or provided front yard area. The area shall be landscaped with trees no greater than fifty (50) feet on center with a minimum of two "(2) trees for each street frontage, and continuous hedge in the planting area. 97- 143 L A landscaped area a minimum of three (3) feet in width shall be provided when parking stalls, access aisles, or driveways are located.along any. side or rear lot line. The landscaped areas shall be planted with a continuous hedge, and with trees no:greater than fifty (50) feet on center, when the landscaped .area does not abut a parking row. In certain instances, a solid and continuous masonry wall, a minimum of five (5) feet in height, whose surfaces are stuccoed,. painted, tiled, or textured in such a way as to provide a decorative effect if approved, may be used in a lieu of the landscaped area. Each landscaped area containing trees shall have a minimum area of fifty (50) square feet and trees shall be,planted in an approved soil mix. All parking stalls, access aisles and driveways in a residential area shall be separated from any building by a minimum of twenty (20) inches and landscaped with shrubbery and grass, ground -cover, or other suitable material. No periphery landscaped area or decorative wall'shall be required where parking abuts r an interior lot line in a commercial or industrial area (except where parking abuts mixed uses), or is adjacent -to a dedicated alley. " Where the placement of buildings causes parking in any commercial or; industrial district to be located so as not to be readily visible from a public street, the Planning, Building and Zoning Department may waive the landscaping required for that portion of the parking area that is not readily visible from the street. - Interior lardscaped areas. The total area of all interior landscaped, areas shall not be less than ten (10) square feet for each parking space provided on the site, A landscaped area with a tree shall be required at the end 'of all parking rows abutting an aisle or building. Each landscaped area containing trees shall have a minimum area of fifty (50) square fe.gt and a minimum width of five (5) feet. For each row of parking there shall be a minimum of two (2) Tandscaped areas with trees within the first ninety (90) linear feet, and one (1) landscaped area with a tree for each additional ninety (90) linear feet. For each row of parallel parking there shall be a minimum of two (2) landscaped areas with trees within the first seventy-five (75) tree for additional linear feet, and one (1) landscaped area with a each seventy-five (75) linear feet, The landscaped areas shall be equally spaced wherever possible. For each row of valet or attendant parking there shall be a minimum of one (1) landscaped area with a tree within each ninety (90) linear feet. The landscaped area shall be equally spaced wherever possible.. Where a parking row abuts a- building, a cluster palm may be substituted for the required tree or single palms may be substituted on a three (3) palm to one (1) tree basis. r 7S � t"1hX, P.C1'u-�ii`! I i�rlvsc,�PED �RelSS — r 9'7- 143 L VII. Landscaping gt, and standards. Unless otherwise specified in the City. of Miami Zoning Ordinance, the following guides and standards shall apply to al.l gropnd level, permeable open space and deck areas, plazas, and roof areas used as open space as required by the City of Miami Zoning Ordinance, or as otherwise provided. A. Ground level, permeable open space. All ground level, permeable open space 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 such open space or for each one thousand (1,000) square feet of Such open spade provided, whichever requires the greatest number of trees. In addition to trees, all ground level. permeable open space shall be appropriately landscaped with shrubs, hedges, ground covers, or other acceptable 'materials that may be r used as visual amenities, In particular, landscape materials shall be utilized to screen parking or other vehicle use areas, trash -or garbage collection areas, utility areas or yards, or storage areas or.yards,. A solid and continuous masonry wall, a minimum of five (5) feet in height, whose surfaces are stuccoed, painted, tiled, or textured in such.•a way A as to provide a decorative effect may be utilized, if approved, as screening. B. Deck areas, plazas, and roof areas. Deck areas, plazas and roof areas of underground structures, not exceeding three and one - half (3-1/2) feet above ground' level, shall be landscaped with a minimum of one (1) shade tree or flowering tree for each one thousand (1,000) square feet of area. The trees shall I be planted in planting wells containing a proper soil mix that are a minimum of twenty-five (25) square feet in area, with a minimum dimension of. five (5) feet, and that penetrate the deck, plaza or roof area, to the ground. 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, Deck areas, plazas and roof areas exceeding a height of three and one-half (3-1/2) feet above ground level, when used for required open space shall be landscaped with a minimum of one (1) tree for each one thousand (1,000) square feet of such open space, The trees shall be in a planting area of a 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 open space. Where a deck area, plaza, or roof area is used for offstreet parking, that portion used for parking shall be landscaped in 'accordance. with Offstreet Parking Guides and Standards. C. Landscape material. All required landscape materials shell 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. Trees shall be a minimum of -ten (10) feet in overall height upon planting. All required trees shall be of an approved variety as set forth on an "approved tree list" on file in the Planning, Building and Zoning Department, Trees planted at ground level,'above ground level, -or in planting wells that extend to the ground shall be of a approved shade or flowering variety which shall attain a minimum mature crown spread greater than' fifteen (15) feet, Such trees shallhave a clear trunk of at least five (5) feet'above finished ground level, Shrubs and hedges shall be a minimum of two and one-half (2-1/2) feet in height upon planting. Hedge material shall be planted a maximum of two and one-half (2-1/2) feet on center, and maintained so -as to form a continuous, unbroken, solid, visual screen within a maximum of one (1) year after planting, 9'7- 143 j vill. Guidelines for requirements of irrigation or sprinkler system for landscaped areas according to City of Miami Off -Street Parking Guides and Standards. Landscaped areas in connection with parking areas shall be equipped with an irrigation or sprinkler system as follows: i, 4 Irrigation system - Hose bibs, connected to an approved water supply, serving a landscaped area for a parking area of five'•(5) or less parking spaces, Other approved irrigation system for five (5) or less spaces, f «iC�T(ON Sprinkler System - Will be required for provided landscaped area for parking area of six (6) or more parking spaces. i A sprinkler system is defined as an underground network of pipes with surface sprinkler heads to adequately cover the entire landscaped area. Landscaped areas provided pursuant to this section,'and as a part of a multiple family, office, commercial and/or industrial use, shall be equipped with an irrigation or, sprinkler system serving each of the landscaped areas, - i f i 97- 143 I L IX. Inter' "-,..larking lots during construction; purpose; Cla•' '► Special Permit required; tisiOO for extension. Interim parking lots used during construction shall be permitted by Class 1 Special Permit and shall be subject to the following procedures and standards. Class i Special Permit approval shall be for a period of six months from date of approval or until completion of construction, whichever comes last. An extension of up to. one (1) additional six month -period may be granted by the Department of Planning, Building and Zoning in instances where construction is delayed for factors beyond the control of the developer. A. Procedure, When applying for permits to use lots for interim parking during construction, applicants shall present to the Department of Planning, Building and Zoning materials, including a statement from the Department of Off -Street Parking approving the request: as being reasonable and in accordante.with the City's Off -Street Parking program; together with other .¢ pertinent. materials including but not limited to the followings 1. Site plan at an appropriate scale showing provisions for ingress and egress of i traffic, off-street parking spaces, raised concrete wheel stops and perimeter fencing, I 2. Plans show storm drainage and perimeter landscaping. - 3. Proposed parking lot sign layout (and lighting if provided . B. Standards. The following standards would substitute for standard City requirements (except as noted): 1. The lot shall be brought to level, surfaced with a sand sealer over a six (6) inch lime rock base and properly striped to demarcate parking spaces. All parking spaces shall be marked with double lines between spaces. Convenient access to parking spaces required that the width of access aisles be increased when the vehicular approaches to the parking spaces are not perpendicular to the spaces and direct turning movements are not possible when entering the parking spaces. Vehicles shall not back out onto any street or thoroughfare. 2. Surface storm water shall not drain to adjacent property or public right-of-way. for every one thousand (1,000) square feet of surface parking area, there shall be two (2) twenty-four (24) inch diameter round auger holes drilled to a depth of two (2) Jeet below ground water and filled with rough, .washed, ballast rock, brought to within six (6) inches of an auger hole inlet casting. 3. Whenever parking spaces are adjacent to a building or a perimeter post, raised concrete wheel stops, anchored, three (3) feet from the end of each parking space shall be provided. 4. There shall be a thirty, (30). inch wide landscaped area bordering the surfaced area along any property line contiguous to any street, alley or open space. The area shall be planted with a single row of dense hedge, thirty (30) inches high upon planting, thirty (30) inches on center maximum, and maintained at a height of thirty (30) inches, The area shall be further landscaped with grass, ground cover, or suitable material, and cannot be included in the parking calculation. 5. Landscaping shall be maintained in good ,condition so as to present a healthy, neat and orderly appearance. N 6. Ho interior landscaping is required, w 7. Water for irrigation shall be readily available within 100 feet`of all landscaped areas, 8. There shall be a continuous post -and -metal chain system along any property line contiguous to any street, alley, yard area or vacant property and inside any landscaped area. Posts shall be two and one-half (2 1/2) inch diameter round galvanized steel or six (6) inch square concrete, with chain. Eight (8) inch diameter round.wood posts, six (6) feet on center, can substitute for the perimeter post -and -chain system. Posts shall be at least thirty (30) inches high from the ground. Entrance/exists shall' be chained and locked between dusk and dawn unless the minimum lighting standards as set forth in the Code are met. 9. Proposed parking lot sign size and layout shall be submitted by the applicant. 97- '43 TEW & BEASLEY, L.L.P. MIAMI CENTER 26TH FLOOR 201 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131-4336 TELEPHONE (305) 536-IIIP FACSIMILE (305) 536-1116 WRITERS DIRECT LINE January 3, 1997 A. Quinn Jones III, Esq. City Attorney City of Miami Miami Riverside Center 444 S.W. 2nd Ave., Suite 945 Miami, Florida 33130 RE: Ordinance No. 11386 1 Dear Mi`Jones: PALM BEACH OFFICE COMEAU BUILDING • SUITE 1000 319 CLEMATIS STREET WEST PALM BEACH, FLORIDA 33401-4624 TELEPHONE(561) 535.4200 FACSIMILE (561) 835. 1242 This law firm represents Murray Diamond. Mr. Diamond is appealing before the City Commission, the issuance of a Class II Special Permit for the "Mutiny Tract" located at 2951 S. Bayshore Drive. One of the most critical issues involved in this appeal is the validity and applicability of Ordinance No. 11386. The City has denied us access to this ordinance as set forth below. We therefore have been unable to address issues pertinent to this Ordinance's applicability to our client's case, in .a timely fashion. The developers of the "Mutiny Tract" have applied for a Class 1I Special Permit to modify an existing parking structure. As you know, Section 917.2 of the Zoning Ordinance of the.City of Miami requires that offstreet parking stall aild aisle dimensions conform with the requirements of the City of Miami Offstreet Parking Design Guide and Regulations and Zoning Ordinances. Plans submitted by the 'developers in conjunction with their permit application call for. the. creation of new parking spaces which will not.conform to either the o.ffstreet parking guidelines and/or the City's ordinances. Nevertheless, on October 16th, 1996, the Department of Community Planning and Revitalization issued a Class II Special Permit to the developers of the "Mutiny Tract". The Department's written Final Decision approving the permit did not state any waivers of the parking guidelines nor the need for any such waivers. EXHIBIT "12ar" 97- 143 A. Quinn Jones III January 3, 1997 Page 2 Our client subsequently appealed the issuance of this permit. This appeal was based, among other things, on our client's objection to the creation of additional parking spaces not in conformity with the offstreet parking guidelines and zoning ordinances. On December 16th 1996, this appeal was heard by the Zoning Board. At that hearing Lourdes Slayzyk, the Assistant Director of the Department of Community Planning and Revitalization, stated verbally and after the fact, that offstreet parking guidelines were not applicable to this case because those guidelines had been administratively waived by the Department. The Zoning Board denied our clients appeal. On December 17th Juan Gonzalez, the Acting Zoning Administrator for the City of Miami, informed us that the City Commission had adopted Ordinance No. 11386 amending the Zoning Ordinance. According to Mr. Gonzalez, this ordinance allegedly grants the Zoning Administrator the power to waive offstreet parking design guidelines via a Class II Special Permit. Mr. Gonzalez advised us that he did not have a copy of this ordinance but suggested that we contact your office since the ordinance had originated there. We subsequently contacted your office in an effort to obtain a copy of Ordinance No. 11386. We were informed by your office that they did not have a copy of this ordinance and that instead we should -contact the City Clerk's office. This firm then contacted the City Clerk's office who in turn informed us that the ordinance would not be available to the public until it was signed by the Mayor. Attached please find a facsimile from that office denying our request and referring us to the Mayor's office. We then contacted the Mayor's office and they advised us that they would not forward a copy of the ordinance to us until the Mayor had signed it. As of the date of this letter, we' have still been unable to obtain a copy of Ordinance No. 11386. Pursuant to the City Code, our .clients written appeal to the City Commission was due by December-30th, 1996. Because the City refused to produce.a copy of Ordinance No. H386, we -had to prepare and file our client's written appeal, without the benefit of reviewing and analyzing: the alleged ordinance. to ascertain .its validity and determwhether. ine (among- other issues) whethehe Department hasthe power to grant waivers of the parking guidelines, and if so, whether such waiver was validly issued in this case. Therefore, by denying us access to the aforementioned ordinance, the City of Miami has deprived our client of his due process rights in this appeal. 97- 143 L i A. Quinn Jones III January 3, 1997 Page 3 jIt is the purpose of this letter to preserve our client's right to object to the constitutionality, validity and applicability of this ordinance. Furthermore, we request that the City of Miami j immediately forward to us a copy of Ordinance No. 11386. Please contact me if you have any questions concerning this matter. I S' erely, i I AL CARDENAS AC/eaf Enclosure cc: Walter Foeman, City Clerk L 0 97- 143 F a TOTAL. NUMBER OF PAGES INCLUDING COVER SHEET EXHIBIT ' pl2b " OFFICE OF THE CITY CLERK 3600 PAN AMERICAN DRIVE/P,O.BOX 330708/MIAMI/FL 33233-0708(305)250.5J 7- 14 3 0 § 1306 MIAMI, FLORIDA Such conditions and safeguards, if attached to grant of special permit, shall be based upon and consistent with considerations and standards applicable to the class or kind of special permit involved as set out in section 1305 of this ordinance, Considerations generally; findings and determinations required, and in other provisions relating to the particular class or kind of permit. The requirement for any such conditions or safeguards shall be supported by stated reasons therefor, based upon such considerations and standards, and no such condition or safeguard shall establish special limitations and/or requirements beyond those reasonably necessary for the accomplishment of the purpose for which the condition or safeguard is attached. Failure to comply with conditions and safeguards, when attached to grant of special permit, shall be deemed a violation of this zoning ordinance. See section 2108, Action on violations; remedies for violations on Class I or Class II special permits; and section 2109, Penalties for violations on Special Exceptions. (Ord. No. 10863, § 1, 3.28-91; Ord. No.11057, § 1, 3-25.93) Sec. 1307. Notice and hearing generally; availability of recommendations; records. It is the intent of this zoning ordinance that requirements herein set out for notice and hearing, whether formal or informal, for the several types of special permits are to be deemed sufficient for meeting the standards of due process for the specific permit for which application is made. . 1307.1. Information on which decision is based to be public and available to applicant. Each agent, agency, or body of the city responsible for decision on special permits shall afford to the applicant full information on which the decision of the agent, agency, or body of the city is based; and full opportunity shall be given to the applicant, prior to reaching final adverse or conditional decision, to provide additional information of a rebuttal nature. All information on which the decision of the agent, agency, or body of the city is based in addition to the decision shall be available to. the public- in accordance with state law. 1307.2. Required record of formal hearings, informal conferences'. Records shall be maintained..of any forinaj or infor'rrial hearing or conference in conh6c"tion with special permits, and. -the same shall be a public record. Such records shall include, but not be .limited to, all material necessary for decisions; .suppo.rting conditions; and safeguards, if, any, attached to.special:permits, and -to any agreements established in relation .thereto, or'to any disagreements and reasons thereCor..On payment of any costs involved.in, reproduction, copies of all or portions'of such records shall be made available to applicants and other interested parties on request. (Ord. No. 10863, § 1, 3-28.91) Sec. 1308. Actions following decisions on special permits. Following decisions on special permits, the following actions shall be taken promptly: l 1.708.1. Notification of decisions. EXHIBIT .o13.. 97— 143 L § 1304 MIAMI, FLORIDA unless and until the applications shall have been completed; all plans, reports or other information, exhibits, or documents required by this zoning ordinance or administra- tive rules adopted pursuant hereto shall have been provided; and all fees due at time of filing shall have been paid. 1304.2.3. Application forms; supplementary materials. During processing of any applica- tion, if it is determined by the designated agent, agency, or body of the city that in the particular circumstances of the case additional information is required to make nec- essary findings bearing on its approval, denial, or conditions and safeguards to be attached, such information may be requested. Failure to supply such supplementary information may be used as grounds for denial of the permit. (Ord. No. 10863, § 1, 3.28-91; Ord. No. 10976, § 1, 4-20-92; Ord. No. 11079, § 4, 7-22-93) Sec. 1305. Considerations generally; standards; findings and determinations required. As appropriate to the nature of the special permit involved and the particular circum- stances of the case, the following considerations and standards shall apply generally, in ad- dition to any other standards and requirements set forth concerning the class or kind of permit being considered. City agents, agencies, or boards charged with decisions concerning special permits shall make, or cause to be made, written findings and determinations concerning such of the following matters as are applicable in the case, shall reflect such considerations and standards specifically in the record, and shall be guided by such considerations and standards in their decisions as to issuance of permits, with or without conditions and safeguards, or denial of applications. 1305.1. Ingress and egress. Review for adequacy shall be given to ingress and egress to the property and structure and uses thereon, with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or other emergency. 1305.2. Offstreet,parking and loading,. ' Review for adequacy shall be•given to offstreet parking an ..loading facilities as related to adjacent streets,. with particular reference -to automotive and: pedestrian safety and conve- mence, internal traffic flow and control, arrangement in relation. to. access in case of -fire or. other emergency, and screening :and landscaping. 1305.3. Refuse'a,nd-seruice areas. Review for adequacy shall be given to the location, scale, design, and screening of refuse and service areas; to the manner in which refuse is to be stored; and to the manner and timing of refuse collection and deliveries, shipments, or other service activities, as such matters relate to the location and nature of uses on adjoining properties and to the location and character of adjoining public ways. r 1305.4. Signs and lighting. EXHIBIT � P�41 P Stipp Nu. a .1(i'? 97- 143 L ZONING § 1306 Review for adequacy shall be given to the number, size, character, location, and orienta- tion of proposed signs, and of proposed lighting for signs and premises, with particular refer- ence to traffic safety, glare, and compatibility and harmony with adjoining and nearby prop- erty and the character of the area. 1305.5. Utilities. Review for adequacy shall be given to utilities required, with particular reference to availability and capacity of systems, location of connections, and potentially adverse appear- ance or other adverse effects on adjoining and nearby property and the character of the area. 1305.6. Drainage. Review for adequacy shall be given to provision for drainage, with particular reference to effect on adjoining and nearby properties and on general drainage systems in the area. Where major drainage volumes appear likely and capacity of available systems is found marginal or inadequate, consideration shall be given to possibilities for recharge of groundwater supply on the property, temporary retention with gradual discharge, or other remedial measures. 1305.7. Preservation of natural features. Review for appropriateness shall be given to provision for the preservation of existing vegetation and geological features whenever possible. 1305.8. Control of potentially adverse effects generally. In addition to the review of detailed items indicated above, as appropriate to the particular class or kind of special permit and the circumstances of the particular case, review for appro- priateness shall be given to potentially adverse effects generally on adjoining and nearby properties, the area, the neighborhood, or the city, of the use or occupancy as proposed, or its location, construction, design, character, scale or manner of operation. Where such potentially adverse effects are found, consideration shall be given to special remedial measures appro- priate in the particular. circumstances of the case, including screening or buffering, land- scaping, cpntrol of manner or -hours of operation, alteration of proposed. design or. construction• . of buildings, relocation of proposed open -space or alteration of use of such space, or such other tneasures'as'aie required to assure that such.pot'ential adverse effects will be* eliminated or' minimized to the maximum. extent reasonably feasible; and that the use or occupancy will be compatible and harmonious with other development' in the area- to a degree which will avoid substantial depreciation'of the value of nearby -property. (Ord. No. 10863; § .1• M8-9.1; Ord. No..10976; § 1•, 4.20.92) Sec. 1306. Conditions and safeguards. The agent, agency, or body of the city designated by this zoning ordinance as having responsibility for issuance or denial of each of the classes of special permits set out in this article 13 shall have authority to attach to the grant of any such special permit such conditions i and safeguards as may be necessary for the purposes of this zoning ordinance in the particular case. tiui,i, N„ a '163 97- 143 L TEW & BEASLEY, L.L.P. MIAMI CENTER 26i11 FLOOR r' 201 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131-4336 TELEPHONE (305) 536-1112 FACSIMILE (305) 536-1116 PALM BEACH OFFICE COMEAU BUILDING - SUITE 1000 WRITERS DIRECT LINE 319 CLEMATIS STREET WEST PALM BEACH, FLORIDA 33401-4624 TELEPHONE 15611835.4200 FACSIMILE (561) 835-I242 December 31, 1996 Ms. Teresita Fernandez Chief, Zoning Department Office of the Hearing Board 300 Biscayne Blvd. Way Suite 400 Miami, Fl 33131 RE: Appeal of Class II Special Permit 2951 S. Bayshore Drive, Miami FI The purpose of this letter is to request that pursuant to its review powers under Section 1201 of the Zoning Ordinance of the City of Miami, Florida, the City Commission review the Zoning Board's December 16th, 1996 decision to uphold the issuance of the Class II permit issued to the above -referenced applicant on October 16, 1996. The appellant in this case is Murray Diamond, who is the owner of real property located at 2903 McFarlane Road, which property abuts 2951 S..Bayshore Drive known as "The•Mutiny". tract., The Mutiny.'property consists of an abandoned structure' situated on SD-17 zoned land and an adjacent two level parking garage situated on SD-2 designated land. The SD-17 structure was used as a hotel until it was abandoned in 1988 according to Juan Gonzalez the Acting Zoning Administrator for the City of Miami. The SD-2 designated parking structure was used to'provide'parking for the hotel.' Since that time the structure has -stood vacant and the adjacent parking garage has enjoyed little if any.use. When The Mutiny Hotel was in operation, offstreet parking was a nonconforming characteristic of it's use as a hotel. Thus, it was permitted to provide less parking spaces than the applicable offstreet parking requirements. However the current developers Mutiny by the Bay Ltd., converted the old hotel structure into a 177 unit condominium., The City of Miami's 'Department of Community Planning and Revitalization h1EXHIBIT .P16.. y7- L 143 F Ms. Teresita Fernandez December 31, 1996 page 2 ` determined that although the parking structure itself remains a nonconforming structure, offstreet parking is no .longer a nonconforming characteristic use due to the change from a hotel to a condominium. The new Mutiny development must provide 233 parking spaces as per plans submitted by the developers in support of their Class II Permit application. see also MIAMI, FL. ZONING ORDINANCE art.4 §401. Additionally, floor plans submitted by the developers indicate that certain 1 bedroom units could arguably be considered two bedroom units due to the developers liberal use of the term "den". If these "dens" are treated as bedrooms then 245 parking spaces would be required. The current nonconforming parking structure only provides 184 parking spaces. Thus, between 50 and 62 additional conforming spaces must be built, in order to comply with the zoning ordinance. Mutiny by the Bay, Ltd. intends to provide the required parking by modifying the existing parking structure. A Class II Special Permit is required prior to approval of any permit affecting the height, bulk, location or exterior configuration of any existing building within the SD-2 designation. MIAMI FL., ZONING ORDINANCE art . 6 602.3.1. Thus, Mutiny on the Bay, Ltd. applied for a Class II Special Permit. In particular, the plan called for the creation of two additional levels of parking, two new parking ramps and new parallel parking spaces on the existing first level. On October 16, 1996, the Department of Community Planning and Revitalization approved this application despite -the. fact ' that the new spaces being created did not adhere to the Zoning Ordinance or The City of Miami Offstreet Parking Design.Guide and Regulation. The written Final Decision did not state the need for a waiver of any requirement,.nor did it set forth the actual. requirements being waived. The appellant timely appealed the issuance of -this, application. to the Zoning Board. On December 16th, 1996, appearing before the Zoning Board on behalf of the'Department of Community Planning and Revitalization, Lourdes Slayzyk, Assistant Director of the Department of Community Planning and Revitalization defended the issuance of the Class II Special Permit by stating that the department had waived the Offstreet Parking Design Guide and Regulation requirements. The Zoning Board upheld the issuance of the Class II Special Permit. It is 97-- 143 Ms. Teresita Fernandez December 31, 1996 ` page 3 from that decision that the appellant now appeals to the City Commission. The basis for the appeal is as follows: 1.The Zoning Board should not have affirmed the issuance of the Class II permit because The Mutiny's application and the plans submitted are in violation of the Zoning Ordinance of the City of Miami. Pursuant to Section 1203 of the Zoning Ordinance of the City of Miami, Florida, the Zoning Board has the power to serve as an instrument of review of decisions of the zoning administrator in matters connected to the issuance of a Class II permit. However, serving in this capacity, the Zoning Board must adhere to the requirements of the city's ordinances. McQuillan Mun. Corp. §15.14 (3rd Ed),It is a general rule of law that valid ordinances of a municipal corporation are binding on its corporates and inhabitants as are the general laws of the state on the citizens at large. Kind Mfg. Co. v. Augusta 277 US 100. A municipality is not allowed to violate its own ordinance. McQuillan Mun. Corp. § 15.14 (3rd Ed) . In addition, the Zoning Ordinance of the City of Miami, Florida requires that special permits in relation to zoning be issued only in accordance with the procedures, standards and requirements of the Zoning Ordinance. MIAMI, FL. , ZONING ORDINANCE art.13 §1303. Where applications for special permits indicate that actions proposed therein, or the manner in which they are proposed to be conducted, do not meet the standards and requirements of this ordinance, such applications and permits shall be denied. Id. Set forth below are the specific Zoning Ordinance provisions violated by The Mutiny's Class II Special Permit application and .plans. A. This Special Class II Permit should not be upheld, because it calls for actions directly'in violation of specific requirements of the Zoning Ordinance. The Zoning Ordinance of the City of Miami requires that all offstreet parking spaces be no less than eight and one-half(8.5) by eighteen (18 ) feet. MIAMI , FL. , ZONING ORDINANCE art. 9 § 917. 2. Forty Four (44) of the additional new spaces proposed by Mutiny by the Bay, Ltd. fall short of these minimum width requirements. Thus, the Class II Permit proposes the creation of new parking 97- 143 Ms. Teresita Fernandez December 31, 1996 page 4 spaces which would violate the requirements and standards of Section 917.2 of the Zoning Ordinance of the City of Miami, Florida. The Zoning Ordinance also requires that buildings in excess of twenty-five thousand (25,000) square feet and up to two hundred Fifty Thousand (250,000) square feet of gross building area, have three twelve (12) by thirty five (35) feet loading bays are required. MIAMI, FL. , ZONING ORDINANCE art. 9 § 9 2 3 .4 . The proposed site plan provides no such loading bays and thus this Class II permit would violate the standards and requirements of Section 923.4 of the Zoning Ordinance of the City of Miami, Florida. In addition, under the Zoning Ordinance, parking ramps are allowed a slope of only 1 foot (50) for the first 20 feet and 1 foot (50) for the last 20 feet. The proposed site plan calls for the construction of two forty (40) foot ramps. These forty (40) foot ramps are only allowed a maximum height of 2 feet between landing. The ramps proposed on the second and third floor would have a 9 foot height between landing. B. The Special Class II Permit should not be upheld because it proposes the violation of offstreet parking regulations mandated by the Zoning Ordinance. In its Class II Special Permit Final Decision, the Director of the Department of Community Planning and Revitalization Jack Luft referred to the subject parking garage as an existing nonconforming structure. As.a nonconforming structure, the -.Zoning Ordinance allows 'the garage to continue in its current state. MIAMI, FL. , ZONING ORDINANCE art. 11 §1106 . 1. However,' the Zoning Ordinance does.not allow the garage to be enlarged, extended or altered pursuant to a -Class II permit, if the -degree of its nonconformity -will be increased. Id. Thus,the additional 50 spaces proposed; must adhere -to the-offstreet parking requirements of the current Zoning Ordinance. The Zoning Ordinance mandates that offstreet parking stall and aisle dimensions conform to the requirements of "The City of Miami Offstreet Parking Design Guides and Standards. MIAMI, FL., ZONING ORDINANCE art . 9 § 917 . 2 . Under these standards, because they will abut columns, the proposed 60 degree parking spaces will each require a stall width of `10-10" with a clear of 21'-18" between columns. MIAMI, FL., OFFSTREET PARKING DESIGN GUIDES AND 9'7- 143 Ms. Teresita Fernandez December 31, 1996 page 5 STANDARDS. In addition, the parallel parking spaces proposed must be at least 22 feet in length. Id. The proposed 50 spaces do not adhere to these requirements. The proposed 60 degree spaces have a width of only 9'-3" instead of the required width of 10'-10". The clear between each column is only 18'-6" instead of the required 21'-18". The new parallel parking spaces proposed are only 18 feet long instead of the required 22 feet. Thus, this Special Class II Permit proposes an action which does not meet the standards and requirements of the Zoning Ordinance and thus should not be upheld. C. Offstreet Parkincr Guidelines can not be waived by Class II Permit in this case because to do so would violate the Zoning Ordinance. On July 25th, 1996, the City of Miami Commission adopted Ordinance No. 11386. Said ordinance grants to the Department of Community Planning and Revitalization, the power to waive Offstreet Parking Design Guide and Regulation requirements by virtue of a Class II permit. The City of Miami's Department of Community Planning & Revitalization, in its written Final Decision of October 16, 1996, did not state the need to waive Design Guide and Regulation requirements nor did it set forth those requirements being waived. Nevertheless, at the December 16th, 1996 Zoning Board hearing, Lourdes Slayzyk, the Assistant Director of the Department stated verbally, and after the fact, that pursuant to Ordinance No. 11386, the Department had waived requirements with respect the Mutiny by the Bay development, again neglecting to specifically .cite which requirements -had --been waived. The City of Miami is' -still bound by the rest of the Zoning Ordinance. King Mfg. Co: v.:Augusta 277 US 10.0. The Zoning Ordinance has the force'of law•over the community in which it is adopted'dnd must -be adhered to. Ducoff v.. State'273 So2nd 367. The Zoning Ordinance of the City of Miami specifically states that a Class I,I permit can not be used to increase the degree of nonconformity of a nonconforming structure, 'MIAMi, FL., ZONING ORDINANCE art . 11 §1106 . This Class II permit allows the creation of 50 new nonconforming offstreet parking spaces in addition to the 184 currently existing nonconforming spaces. Thus, even if offstreet parking guidelines can generally be waived pursuant to y a Class II Permit, they can not be waived here because it would constitute a violation of Section 11�06 of the Zoning Ordinance of 97- 143 L F Ms. Teresita Fernandez December 31, 1996 page 6 the City of Miami, Florida. D. This Special Class II Permit should not be upheld because even if the current proposal is modified it would not meet the standards and requirement of Sections 617.4 and 401 of the Zoning Ordinance. The Department of Community Planning and Revitalization has ruled that when The Mutiny changed its use from Hotel to Condominium, it's preexisting parking shortage lost it's status as a nonconforming characteristic of use. Thus, The Mutiny must now adhere to the current applicable offstreet parking requirements of the Zoning Ordinance. Pursuant to Sections 617.4 and 401 of the Zoning Ordinance of the City of Miami, Florida, the property at issue is required to provide 234 Offstreet parking spaces. If it is determined that 11 so called "dens" are actually bedrooms, 245 spaces would be required. If the current proposal is modified so that the new parking spaces being created adhere to the Offstreet Parking Guide and Standards, 81 parking spaces would be eliminated. Eleven would be lost to the three required loading bays currently missing from the proposal. Twenty-five spaces would be lost on the first level if parking is reconfigured to provide a 21'-8" clear between columns. Thirteen spaces would be lost if.75' is added to the ramp on level -two and if the spaces were.reconfigured'to provide' a'21'-8" clear between columns. Twenty-six spaces would be lost on levels three and.four if 75' are added to the proposed ramp on.. level three and the parking spaces are reconfigured to'provide'a 21.1. - 8.11, clear between • columns. Six spaces. would be .lost on the first floor. if tfie -riew' paralTpl­ parking spares are built..at- .a length of- 23' Thus, if the current proposal is modified to adhere to these requirements, only'153 spades will-be.provided. As a result,'even if modified, the proposed site plan fails to meet the standards and requirements of Section's 617.4 and 401 of the Zoning Ordinance of the City of Miami, Florida. 2. The issuance of the Class II permit should not be upheld because the Zoning Department and the Zoning Board failed to make 97— 143 --j Ms. Teresita Fernandez December 31, 199G page 7 specific findings and determinations applicable to the case and failed to considerations and standards in thei permit. r concerning various matters be guided by such decision to issue the The Department of Community Planning and Revitalization and the Zoning Board have failed to make specific findings and have failed to duly consider the potential adverse impact on the adjacent existing and proposed residential (as well as retail and commercial) and pedestrian -friendly uses created by the modification to the parking garage as required by Section 1305.8 of the Zoning Ordinance of the City of Miami, Florida. In particular, the Department of Community Planning and the Zoning Board have failed to consider the latent parking demand which will be c:•eated by the proposed expansion and the effect of such demand on traffic patterns on South Bayshore Drive and McFarlane Road. The Department of Community Planning and the Zoning Board have failed to make specific findings and duly consider the adequacy of ingress and egress to the proposed parking garage as required by Section 1305.1 of the Zoning Ordinance of the City of Miami, Florida. In particular they have failed to consider and issue findings concerning ingress and egress to the parking garage by occupants, their visitors, and by visitors to the village center, and what if any, traffic stacking problem will be caused by such ingress and egress. The Department of Community Planning and the Zoning Board have failed to make specific -findings and duly consider the noise. and air pollution which will -be created by additional parking and the negative impact of such noise and.pollution on the existing. and proposed pattern of development in the Center Grove as .required by.Section 1305.8 of..the Zoning Ordinance of the.City of Mi•acni, Florida. In particular, the Department and -the Zoning Board have failed to.mandate conditions and -safeguards. -to -require an adequate buffer with adjacent properties.. The Department of Community Planning and the Zoning Board have failed to consider the adequacy of the proposed Offstreet parking and loading facilities as required by Section 1305.2 of the Zoning Ordinance of the City of'Miami, Florida. In particular, they have failed to consider the adequacy of offstreet parking and loading as related to adjacent streets, with particular reference to automotive and pedestrian safety and 97- 143 Ms. Teresita Fernandez December 31, 199G page 8 convenience, internal traffic relation to access in case of screening or landscaping. flow and control, arrangement in fire or other emergency, and The Department of Community Planning and the Zoning Board have failed to consider the impact on the expressed intent of the SD-2 district as required by Section 602.3.2 of the Zoning Ordinance of the City of Miami, Florida. In particular, they have failed to consider the impact of the permit on the express intent of SD-2 to encourage retail and service development with a strong pedestrian orientation and to create opportunities for combining residential and nonresidential uses. intent an atmosphere which will encourage pedestrian traffic consistent with the intent of the creation of the district. 3. The issuance of the Class II Permit should not be upheld because it violates the appellants constitutional rights and subjects the City to potential liability. The appellant has a vested right to the specific uses of his property allowed under SD-2 . MIAMI, FL. , ZONING ORDINANCE art. 6 §602.4. The issuance of this permit is an arbitrary and capricious deprivation of his vested right to these specific uses of his property in that it grants a Class II Special Permit to an adjacent property owner, the effect of which is to destroy the intended use of the underlying SD-2 district and as such it will cause the appellant to suffer special and irreparable damage different from that sustained by the rest of the community. Thus, this permit is. a.vi.olation of the appellants substantive due process rights. This -permit will deny -the appellant -of substantially all economically beneficial or productive use of his land. As such, it ' is an -unconstitut.ional taking- bf the appellants `property. Even -if this.permit does not rise to the level of a taking, it would inordinately burden the.appellants vested right of -use :of "his property. 'thus, pursuant to Section 70.001. of .the Florida Statutes, the City of Miami will be liable to the appellant for any damages incurred by him as a result of this permit. 97- 143 Ms. Teresita Fernandez December 31, 1996 , page 9 Please do not hesitate to contact me if you have any questions concerning this appeal. i er ly, AL RDENAS AC L 97- 143 TEW & BEASLEY, L.L.P. MIAMI CENTER 26TH FLOOR 201 SOUTH BISCAYNE BOULEVARD MIAMI, FLORIDA 33131-4336 TELEPHONE (305) 536-1112 FACSIMILE (305) 536-1116 WRITERS DIRECT LINE January 17, 1997 Santiago Jorge Ventura Building Official Assistant Director 444 S.W. 2nd Avenue 4th Floor Miami, Florida 33130 RE: Mutiny Development 2951 South Bayshore Drive Dear Mr. Ventura: PALM BEACH OFFICE COMEAU BUILDING - SUITE 1000 319 CLEMATIS STREET WEST PALM BEACH, FLORIDA 33401-4624 TELEPHONE(561) 835.4200 FACSIMILE (5611 835.1242 This firm represents Murry Diamond, who is appealing, before the City Commission, the issuance of Class II Special Permit 96-3247 on October 16, 1996, to Flagler Development, Inc. This Class II Special Permit was issued for -exterior modifications to structures within the SD-2-and SD-17 districts, the modification of existing nonconforming structures and accessory convenience use of restaurants in residential structure. After issuance, this permit was appealed before the Zoning Board on December 16, 1996. The Zoning Board upheld the issuance of the Special Permit. The Special Permit is now on appeal before the City Commission and is scheduled to be heard on January 23, 1997. Section 1803 of.the City of Miami Zoning Code states that.'an, appeal stays ali.proceedinge.in furtherance of the actibn appealed from. It is' our understanding that the developers of this site have been conducting construction on the site at issue i,n-this appeal. We. presume that said. -construction is 'based upon the issuance o•f a..building permit -by your office. Therefore., -it is the purpose of this'. letter' to. request that pursuant.to.Section.1803.of the.Zoning.Code that.you. and/or your office: ..1. Revoke any,and all building permits issued for the -above. referenced property, until all issues concerning the Class II Special, Permit Appeal have been heard and resolved. 2. Order the developers of the above referenced site to cease and desist any and all construction work on the site until all issues concerning the Class II Special Permit Appeal have been heard and decided. EXHIBIT 41174 97-- 143 L Santiago Jorge Ventura January 17, 1997 page 2 3. Utilize all the powers vested in your office by the City Ordinance to enforce Section 1803 of the Zoning Ordinance. Please bear in mind that the aforementioned Class II Special Permit may the subject of litigation at some point in the near future. In order to avoid irreparable harm to our client's interests, it is imperative that your office take immediate action on this matter. If you have any questions, please do not hesitate to contact me. incerely, CA DENAS AC Enclosure cc: Edward Marquez Miriam Maer L 0 97- 143 ZONING § 1804 ARTICLE 18. APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING Sec. 1800. Generally. Appeals to the zoning board may be taken by any person aggrieved or by any officer, board, or agency of the city affected by: (1) Any decision of the zoning administrator including, but not limited to, decisions involving interpretation of this zoning ordinance and decisions on Class I Special Permits; or (2) Any decision of the director of the department of planning, building and zoning including, but not limited to, decisions involving Class II Special Permits. Sec. 1801. Status of administrative decision; time limits on appeal; filing of appeal. Decisions of the zoning administrator or the director of the department of planning, building and zoning shall be deemed final, unless a notice of appeal is filed within not more than fifteen (15) calendar days of the date such decision was rendered. Such notice of appeal, specifying the grounds thereof, shall be filed with an officer or agent designated"by the city manager. Sec. 1802. Transmittal of notice and record. .The officer or agent designated by the city manager shall promptly transmit the notice of appeal to the zoning administrator or the director of the department of planning, building and zoning, as the case maybe. The officer from whom the appeal is taken shall forthwith transmit to the zoning board all the materials constituting the record upon which the decision appealed from was taken. Sec. 1803. Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is .taken certifies to the zoning board, after the officer has received the notice of appeal, that, by reasons of facts stated by such officer, a stay would, in the officer's opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order issued by the zoning board or by a court of competent jurisdiction, on notice to the officer from whom -the appeal is taken and on due cause shown. Sec. 1804. Setting hearing dates; notice. The officer or agent designated by the city manager shall set a date for the hearing of the appeal, which shall not be more than forty-five (45) calendar days from the date the notice of appeal was filed; provided, the time limitation herein set out shall not apply during the thirty-one (31) days of the month of August. Notice of such date shall be given to the appellant by certified mail. Notice by mail at least fifteen (15) calendar days in advance of the hearing 557 L 97- 143 SECOND READING PROPOSED ORDINANCE J--96-392 AMENDING §617 L 97- 143 EXHIBITS PROPOSED ORDINANCE 1. Map of Area (Board) 2a. Number of Floors Needed to Provide Required Parking (Board) 3. §401 R-4 District Requirements 4. §903.1 Rules Concerning Projects Crossing District Boundaries or Streets 5a. §617 Existing SD-17 Ordinance 5b. Proposed SD-17 Ordinance 6. §602 SD-2 Ordinance 7. §401 "O" District Classification 8. §2209 and §2210 Nature and Requirements of Report to City Commission on Proposed Ordinance Amendments 9. Model of Projected Building if Ordinance is Amended (Model) 97- 143 L § 401 MIAMI, FLORIDA uirenients which may be atiected the dedicated area q y ea and adjacent beneficial green space shall be included, except that the minimum front yard shall be provided within the boundaries of the newly established lot line. Intensity: Minimum lot size: Twenty thousand (20,000) square feet. Setbacks: Front - twenty (20) feet, side - ten (10) feet, rear - ten (10) feet except when abutting R-1 or R-2 districts, in which case it will be twenty (20) feet. Height: For buildings which abut a right-of-way of less than one hundred (100) feet in width, the maximum height of a building at the base building line is equal to the sum of the right-of-way plus the two (2) front setbacks on either side of the right-of-way or one hundred twenty (120) feet, whichever is greater. Portions of buildings above that point (the maximum height of a building at the base building line) shall not exceed a height as delineated by a forty-five (45) degree inward sloping plane measured by a ratio of one (1) foot horizontal and one (1) foot vertical except in lots with multiple street frontages, where this additional setback applies to frontage on arterials and collectors only. For buildings which abut a right-of-way of one hundred (100) feet or more in width, the maximum height of a building at its base building line is two hundred forty (240) feet; portions of buildings above that point (two hundred forty (240) feet in height) shall not exceed a height as delineated by a sixty (60) degree inward -sloping plane measured by a ratio of one (1) foot horizontal and two (2) feet vertical measured from said point. Minimum lot width: One hundred (100) feet. Floor area ratio: Maximum of one and seventy -two -hundredths (1.72) times the gross lot area. Building footprint: Maximum of four -tenths (0.40) times the gross lot area. -Green space: Minimum of.fifteen-hundredths (0.15) times the gross lot area. Permitted Principal Uses: 1. One -family buildings. 2. Two-family buildings. 3. Multiple -family buildings. 4. Hotels (except in area bounded by S.W. 15 Road; S.W. 25 Road; Brickell Avenue and Biscayne Bay). 5. Motels (except in area bounded by S.W. 15 Road; S.W. 25 Road; Brickell Avenue and Biscayne Bay). 6. 'Tourist homes (except in area bounded by S.W. 15 Road; S.W. 25 Road; Brickell Avenue and Biscayne Bay), � EXHIBIT supp. n10.:1 L 108 •s3'•97— 143 (' ZONING § 903 ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS Secs. 901, 902. Reserved. Sec. 903. General and supplementary regulations. The following regulations shall apply generally or in groups of districts as indicated, and qualify or supplement other regulations appearing in this zoning ordinance, unless district regulations or regulations for particular uses specifically provide to the contrary. Terms used in this section are generally cross referenced in article 25. 903.1. Rules concerning. projects crossing district boundaries or streets; requirements and lim- itations. Where a project is designed as a single site and it occupies lands divided by district boundaries, the entire site may be developed under the conditions of the less intense district, by Class I Special Permit only. A Class II Special Permit is required where a project is designed as a single site and it occupies lots divided by a street or alley. 903.2. Rules concerning combinations of uses in buildings or on premises; cumulative require- ments or limitations. +Where there is a combination of uses in a building or on premises or in connection with a building and premises, and/or where cumulative requirements or limitations apply, the following rules shall govern: 903.2.1. Different floor area ratios applying to uses combined in building(s) or on premises. Where there is a difference between floor area ratio limitations applying to permitted uses within the same building for buildings on the same lot), the total floor area limitation shall be the sum of lot area requirements for each use, with the floor area for each use calculated for the proportionate share of the lot. 963.2.2. Requirements applying to•residential and nonresidential uses combined in building. Where there are different requirements applying to residential and/or other uses combined in the same•building;-residential requirements shall apply with respect to the portions of the building devoted to residential uses, and any other requirements shall apply with respect. to.the.portion devoted to nonresidential uses. . 903.3. Calculation of combined requirements or limitations; rounding in totals only. Where cumulative requirements or limitations are to be computed, fractions shall be carried forward in the summation, and the total rounded to the nearest whole number, subject to existing minimum lot sizes and maximum densities of development required by the zoning district regulations. 903.4. Hotel and n'otel density equivalents. ` � EXHIBIT 5iiply No,? L 4r4e■ 97- 143 § 616.10 MIAMI, )• LORIDA 7. For all other uses, there shall be a minimum of one (1) parking space per one thousand (1,000) square feet of floor area and a maximum of one (1) space per five hundred (500) square feet of floor area. 616.10.2. Special offstreet parking requirements; offsite parking; limitations. 1. Notwithstanding the limitations of section 918, offsite parking shall be permitted by Class II Special Permit without limitation on percentage of the required number of spaces or maximum distance from the principal use. Furthermore, there shall be no required demonstration or findings of practical difficulty or unnecessary hardship in providing required parking on the site, provided that the location of the offsite parking is within one thousand (1,000) feet radius of the principal use, or within six hundred (600) feet radius of a Metromover station or there are permanent provisions made to transport the offsite parking patrons to and from the principal site at the property owner's expense. 2. No residential dwelling unit shall be sold or leased without the right to utilize at least one (1) onsite parking space. (Ord. No. 10863, § 1, 3-28.91) Sec. 616.11, Limitations on signs. Sign limitations shall be as set forth in section 602.11, except in SD-16 and 16.1, animated {{l _and flashing signs and banners shall be permitted for ground level nonresidential uses fronting on N.E. and N.W. 9 Street. Onsite signs above a height of fifty (50) feet above grade shall be subject to the provisions of section 926.16. Offsite signs are prohibited. (Ord. No. 10863, § 1, 3-28-91 Sec. 617. SD•17 South Bayshore Drive Overlay District. Sec. 617.1. Intent. Along the coastal Atlantic ridge paralleling South Bayshore Drive and overlooking Dinkier. -Key and the marina basin in •Coconut' Grove is. an area of special and substantial public interest because of unique -prop erty sizes and shapes;:geologic.features bay views;:relation . ships to'major, entrance roadways; proximity to adjacent neighborhood, and public open space . and recreation, and commercial services; impacts on surface parking, on .open space within Dinner Key; and a special -character imparted by tropic al. vegetation and historlc.structures. It is the intent of these special district regulations -that.. future• public and private devel-, opment shall respect and enhance this character, preserving area -wide property values and enhancing Coconut Grove's desirability as a place to live and work. These regulations are intended to apply to the high -density residential or the office district as described in article 4 and located within this zoning district and bounded by S.W. 27th Avenue, Tigertail Avenue, South Bayshore Drive and Mary Street; and to the office -residential area bounded by S.W. 27th Avenue, Tigertail Avenue, Aviation Avenue and South Bayshore Drive by providing bonuses, only for those properties which lie east of S.N. 27th Avenue when developed for EXHIBIT 280 ` 5 a v 9'7- 143 L ZONING § (317.2 nonresidential uses; height limits; special setback and view corridor requirements; design requirements; incentives to provide publicly available parking for Dinner Key and Coconut Grove Village Center activities; and design review guidelines. (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28.91) Sec.,•617.2: Effect -of SD-17 district designation. The" effects of these SD-17 regulations shall,be.to modify regulations within .portions of other .zoning districts included within th6 S'D boundaries to the extent:. indicated herein. 617.2.1.'Limitations on uses buffer. For those portions_ of.lots abutting public rights -of --way that separate different zoning districts, the following use limitations shall apply: (a) For the first one hundred (100) feet of lot depth adjacent to Tigertail Avenue, there shall be a landscaped yard area, except that residential uses, excluding hotels and motels, that fronton Tigertail Avenue may be developed in accordance with other provisions of this districts?rovided that residential development occurs, ancillary and parking structures for nonresidential uses may be located below grade to within twenty (20) feet of Tigertail Avenue or above grade within fifty (50) feet of Tigertail Avenue, provide further that such ancillary or parking structures are completely screened from view along Tigertail Avenue by the residential structures. (b) For the first fifty (50) feet of lot depth adjacent to Mary Street, there shall be a landscaped yard area, except that for developments which qualify under provisions of section 903.7 of this ordinance, principal use structures shall be set back not less than ten (10) feet from Mary Street and ground level convenience retail uses shall front on not less than sixty-five (65) percent of the Mary Street frontage. 617.2.2. Exceptions to floor area ratio limitations. Notwithstanding floor area ratio limitations of the existing districts, the.RA.R. for. the area bounded by S.W.'27th Avenue, Tigertail Avenue, South Bayshore Drive and Mary Street shall be 1.72,. and the F.A.R. for -the area bounded by -S.W: 2.7th Avenue; Tigertail Avenue, Aviation Avenue and South Bayshore Drive shall be '1.21. The floor area ratio may ,be in- creased,only for nonreaidential•buildings in the area bounded by S.W..27th Avenue, Tigertail Avenue, Aviation Avenue and South Bayshore give in accordance with the following provi- sions: 617.2.2.1. Publicly accessible parking. For every nonresidential parking space'provided in excess of offstreet parking requirements, an additional two hundred (200) square feet of floor area for any use permitted in the underlying zoning district shall be per- mitted; provided, however: (a) Such parking space shall be not less than seventy-five (75) spaces and accessible by the general public during normal business and operating hours of public 281 L 97- 143 § 617.2 MIAMI, FLORIDA activities or attractions in Dinner Key adjacent public facilities or the Coconut Grove Village Center. (b) Parking fees charged shall not be in excess of prevailing rates for public metered parking in the vicinity, as .established by the Miami Department of OffStreet Parking. (c) The entrance to the excess -parking facility shall not be farther•than six hundred .(500) feet from (a) the Coconut Grove Village Center, a major public. activity center, herein -defined as the boundary of section 602, SD-2 Coconut. Grove Cen- tral Commercial District, or (b)-the main entrance of a •structure housing the following activity centers identified in "The'Dinner Key Master Plan": a perfor- rnanca hall, specialty. center,' exhibition center• .or conference facility.. • The six. hundred (600) feet shall be measured along a radius from (a) the boundary of section 620, SD-2 Coconut Grove Central Commercial District or (b) a public pedestrian entrance of a structure housing the activity center. For the purposes of this section, "The Dinner Key Master Plan" is defined to be that plan adopted in principle by Resolution 85-70, January 24, 1985, of the City of Miami Com- mission. A copy of "The Dinner Key Master Plan," as adopted in principle, is on file with the city clerk and City of Miami Planning Department. (d) In no case shall the cumulative additional floor area permitted under this section exceed fifty -hundredths (0.50) times the gross lot area. (e) Required parking shall be provided for bonus floor area and shall not be consid- ered as excess parking under the provisions of this section. 617.2.3. Special limitations on walls, vehicular ways and parking in a required special yard. There shall be provided an average yard area setback along South Bayshore Drive of thirty (30) feet within which walls, fences and hedges over three (3) feet in height, as measured vertically from the crown of the road and not from the floodplain, shall be prohibited. No parking, except for passenger dropoff facilities, shall be permitted, and vehicular drives shall not occupy more than twenty-five (25) percent of the required special yard area. 617.2.4. -Special height limits. No building within this district shall'exceed a• height of two hundred. fifty (250) feet or. twenty-two (22) stories in height, whichever is lower, as measured vertically from the crown of South Bayshore Drive and not from the floodplain,'and no building within one hundred •(1-00) feet.of'the zoned right -of way of Tigertail Avenue shall exceed, forty-five (45) feet:. (.Ord. No. 10171, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28.9.1) . Sec. 617.3. Class II Special Permit. 617.3.1. When required. A Class II Special Permit shall be required prior to approval of any building permit 1 affecting the height, bulk, location or exterior configuration of any existing building; or for the I 282 L 97- 143 ZONING § 617.4 erection of any new building; or for the location, relocation or alteration of any parking area or vehicular way that would be visible from a public street. 617.3.2. Considerations in making Class 11 Special Permit determinations. The purpose of the Class II Special Permit shall be to ensure conformity of the application as submitted (or with such conditions and safeguards as may reasonably be attached to assure such conformity) with the expressed intent of this district, with the general considerations listed in section 1305, and with the special considerations listed below. In making determi- nations concerning construction of new principal buildings or substantial exterior alteration of existing principal buildings, the planning director may obtain the advice and recommen- dations of the Urban Development Review Board. (1) Relation of proposed improvements to natural features, surrounding buildings, public recreation areas, and major streets. Proposed improvements shall be related harmo. niously to the terrain, and in particular shall protect and enhance natural features such as rock outcroppings and ridge lines as much as reasonably possible. (2) Relationship of new or redeveloped structures shall consider open space and view corridor relationships created by buildings, walls, landscaping, and physical/visual linkages to public recreation areas. Vehicular ingress and egress from private drives serving nonresidential structures or parking shall not occur directly onto Tigertail ti Avenue. (3) Landscaping, screening and open space. Desirable landscaping shall be preserved in its natural state to the maximum extent reasonably feasible. General landscaping requirements and standards established by this ordinance for offstreet parking, yards, and open space shall be considered supplemental to retention of desirable natural features. Placement of structures and vehicular areas shall be such as to retain, to the extent reasonably practical, desirable existing landscaping, open spaces and natural features, and to promote provisions of compatible new landscaping. Desirable native plant materials, and such exotic plant materials as have become traditional in the area, shall be preferred in plant selection. All accessory areas and structures, such as. service and loading areas, which need screening to avoid adverse effects on adjoining properties shall be adequately concealed by appropriate plantings or other screening. (Ord. No. 101.71, § 1, 7-26.90; Ord. -No. 10863, .§ 1,.3.28-91) , Sec. 617.4•. Minimum offstreet parking. Minimum offstreet parking shall be required by the underlying district unless otherwise indicated for a particular use; however, no variance for the reduction of the required number of offstreet parking spaces is permitted. 1. For the high density residential office area west of S.W. 27th Avenue: For all non- residential development existing and/or in operation at the time of passage of this ordinance, all required nonresidential parking may be permitted offsite anywhere within that portion of the SD-2 district which lies east of Margaret Street, and within 5upp. No, 'l 28, 9 "7 - 143 L § 617.4 .MIAMI, FLORIDA the area west of S.W. 27th Avenue, subject to the requirements and conditions of section 602.12. Special Exception approval is not required for offsite parking and one hundred (100) percent of required parking may be located offsite. All new develop- ment to be approved after passage of this ordinance shall be subject to all require. ments and limitations of section 918. I 2. For the office residential area east of S.W. 27th Avenue, the requirements and limi. tations of section 918 shall apply. (Ord. No. 11051, § 2, 3.25-93) Sec. 617.5. Payment in lieu of required offstreet parking. 1. Upon application to the planning director, the owner of a property for which offstreet parking is required, but which parking the owner is unable to provide onsite, may request a waiver of any or all of the required spaces by substituting the payment of a fee per space in lieu of providing the required parlc,�spaces. 2. If the waiver of required offstreet parking is approved by the planning director, the applicant shall pay the required fee per space to the department of offstreet parking for deposit in a special fund entitled "Coconut Grove Parking Improvement Trust Fund" pursuant to the provisions of Chapter 35, Article VIII of the Code of the City of Miami. 3. Payment of the required fee per space may be made in the form of a one-time payment, of a fixed amount, or in the form of monthly payments for so long as the offstreet. parking waiver is in effect. 4. Fees for the parking waiver shall be as established by Chapter 35, Article VIII of the Code of the City of Miami, and shall be posted on the schedule of fees by the planning, building and zoning department. 5. If the owner of a property applies for and is granted the right to substitute a fee in lieu of parking as provided for in this subsection, payment must be made in advance of issuance of a.Certificate of Occupancy. or Certificate of Use, as'applicable. If the applicant already holds a valid Certificate of Occupancy or Certificate of Use, pay - merit shall be. made within thirty (30)' days of approval of the requested waiver. Failure to make the required payment* shall cause the Certificate of Occupancy or 'Certificate of Use to be revoked. - (Ord. No. 11051, § 2, 3-25-93) Sec. 618. SD-18 Minimum Lot Size Overlay District. Sec. 618.1. Intent. It is the intent of these special district regulations to restrict the minimum lot size to ten thousand (10,000) square feet and the minimum lot width to one hundred (100) feet in order to preserve the character of certain neighborhoods in the city. (Ord. No. 10863, § 1, 3-28-91) Supp. No. 2 284 97- 143 z, 1. ITEM PZ 11 V REQUEST: LOCATION: Sl APPLICANT(S): C APPLICANT(S) AGENT: N APPOL L.ANI'(S): N AVPI IL :.ANT(S) AGENT: N fir; 1 cxl�csr r Q 1 ao i vr► ,w . (SST RENDING ORDINANCE - (J-96.392) )Amend Ordinance No. 11000 Text, ­17 South Bayshore Drive Overlay District. ty of Miami, Community Planning & evitalixadon Department. UCOMMENDATIONS: Community Planning Revitalization Department: Approval. Bullding & Zoning Dep rtment: NIA. Publ.o Works Department: NIA. ' Flat & Street Committee: N/A. 'historic Preservation B ard: N/A. .Manning Advisory Boa d: Recommended for approval to City Commission, Vote Zoning Board: N/A. Consideration of amewling the Zoning Ordinance by amending Article 6, Section 617, SD-17 S utlk Bay3horo Drive Overlay I)astdct, in order to provide for developwc t bonuscs, as intended by the district, for the -portion of the district bounded by McFarlane Road, ,South Bayshore Dr o, Mary Street and drtiohs of Grand Avenue. NOTES: -CONTINIMI)1FROM CC.11121196. L N P.02 DECEMBER 12, M6 PAGE 12 EXHIBIT 14 PEW' . 97- 143 . NQUWrl urriuc •VV r.U/4/ Jr 10/31/96 ORDINANCE NO. AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING ARTICLE 6, SECTION 617. SD-17 SOUTH BAYSHORE DRIVE OVERLAY DISTRICT, TO PROVIDE FQR DEVELOPMENT BONUSES FOR THE PORTION OF THE DISTRICT BOUNDED BY MCFARLANE ROAD, SOUTH BAYSHORE DRIVE, ' MARY STREET AND PORTIONS OF GRAND AVENUE; CONTAINING A REPEALER -PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the area within the SD47 South Bayshore Drive Overlay Distric % which is bounded by Mary Street, McFarlane Road, South Bayshore Drive and a portion of Grand Avenue, is not addressed within Section 617.2.2, entitled "Exceptions to floor area ratio lim#tatlons"; and WHEREAS, due to the proximity of said area to the center Grave and the need for additional public parking, there is a desire to provide floor area ratio bonuses for certain considerations related to additional parking to serve the adacent commercial district; and WHEREAS, the Miami Planning Advisory Board, at its meeting of October 16, 1996 , Items No. 1, following an advertised hearing, adopted Resolution No. PAB 50-96 by a vote of seven to one (7-1 ), • RECOMMENDING APPROVAL of amending Zoning- Ordinance No.- I IWO-ashereinafter setforth and' WHEREAS, the City Commission - after. careful consideration of this.. matter deems it advlsabie and. in the best interest of thd. genet of wetfard of the. City of Miami and:lts inhabitants to amend Ordinance NO. 11000�as hoWnafferzet forth; 97- 143 X Section 1. The recitals and findings 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. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows:" "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 617. SD-17 South Bayshore Drive Overlay District. Sec. 617.2.2. Exceptions to floor area ratio limitations. Notwithstanding floor area ratio limitations of .the existing districts, the F.A.R. for the area bounded by S.W. 271 Avenue, Tigertail Avenue, South Bayshore Drive and Mary Street shall be 1.72, and the F.A.R. for the area bounded by S.W. 270 Avenue, Tigertail Avenue, Aviation Avenue and South Bayshore Drive shall be 1.21, and the area bounded by McFarlane Road, South Bayshore Drive, Mary Street and a portion of Grand Avenue s.hall.be 1.2, The floor'area•ratio may be increased only.for nonresidential ; buildings , in the area -bounded by. S.W. -2r -Avenue, ' Tigertaif Avenue, Aviation :.Avenue acid South Bayshore Drive in accordance. with thee following provisions. 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. 97— 143 L F 400 oe, 617.2.2.2. Allowable increase in floor area for buildings providing certain supporting uses; limitations. For properties located between Mary Street, McFarlane Avenue, South Bayshore Drive and a portion of Grand Avenue, which contain an SD-17 Overlay designation, the maximum floor area may be increased for all buildings in conformance with the following provisions and limitations: 1. Public parking: For every one (1) public parking space that a building provides in excess of offstreet parking requirements, an additional three hundred and fifty (350) square feet of floor area for any use permitted in the underlying zoning district shall be permitted; provided however: a) Such parking space shall be not less than seventy five (75) spaces and accessible by the general public during normal business operating hours ours of the Coconut Grove Village Center; b) Parking fees charged shall not be in excess of prevailing rates for public metered parking in the vicinity, as established by the Miami Department of Offstreet Parking; c) The entrance to the excess parking. facility. shall not be farther than six hundred (600).feet from the'Coconut Village. Center, herein defined as the boundary of the SD-2 Coconut .Grove Central Commercial District; d) In no case shall the cumulative additional floor `area.permiqd 'under. 'this.section exceed fifty hundredths..(0.50) times the.grossiot•area; e) Required parking- shall be provided for bonus floor area and .shall not.. be considered as excess parking under the provisions of this section. 3 b7 - 143 -j F r_ Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this day of , 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1996. ATTEST: WALTER J. FOEMAN CITY CLERK PREPARED AND APPROVED BY: JOEL E. MAXWELL DEPUTY CITY ATTORNEY 4 JOE CAROLLO, MAYOR 97- 143 ,'ZONING § 602.3 setting Martin Luther King Boulevard in the area described at section 601.4.1.1. All such yards shall be landscaped and shall not be used for offstreet parking, but drive. ways equal in maximum width to twenty-five (25) percent of the width of the lot (or depth where such yards adjoin at the side) may be permitted to cross such yards. (Ord. No. 10771, § 1, 7-26.90; Ord. No. 10863, § 1, 3-28-91) Sec. Q01.9: Reserved. ; Sec. 601.10. Minimum offstreet parking. Minimum. offstreet parking shall be as required. for C-1. (Ord. No. 10771.,-§, 11 7-26-90;•Ord: No. 10863,. § 1, 3-28-91) Sec. 602. SD-2 Coconut Grove Central Commercial District. Sec. 602.1. Intent. Within the commercial center of Coconut Grove, it is of special and substantial public interest to strengthen unique historic and cultural character by regulations encouraging retail and service development with strong pedestrian orientation. It is further intended to en- courage innovative site planning and architectural design, and to create opportunities for ;) combining residential and nonresidential uses in a pattern minimizing potential adverse effects of such combinations. (Ord. No. 10863, § 1, 3-28-91) Sec. 602.2. Effect of SD-2 district designation. The effect of these SD-2 regulations shall be to supplant district regulations within por- tions of other zoning districts included within the SD boundaries to the extent indicated herein. (Ord. No: 10863; § 1, 3-28-91) Sec. 602.3. Class II Special Permit. 602.3.1. When 'required A Class II Special Permit shall be required prior -to approval of any permit (except special ' permits.pursuant to article 1-3) affecting the height, bulk, location or exterior configuration of any existing building; or for the erection of any new building; or for the location, relocation or alteration of any structure, parking area or vehicular way or sign visible from a public street. 602.3.2. Considerations in making Class 11 Special Permit determinations. The purpose of the Class II Special Permit shall be to ensure conformity of the application with the expressed intent of this district, with the general considerations listed in section ;J 1305, and with the special considerations listed below. EXHIBIT 5�,��,, 7Sl ..U, . g "� - 14 3 L § 602.3 MIAMI, FLORIDA On primary pedestrian pathways as shown on the zoning atlas, design guidelines in the "City of Miami Primary Pedestrian Pathway Design Guides and Standards " shall apply. (Ord. No. 10771, § 1, 7.26.90; Ord. No. 10863, § 1, 3-28-91) Sec: 602.4. Permitted principal uses and structures. Except as required in section 602.4.1, permitted principal uses and structures shall be the same.as permitted for 0-1. :. :602.4.1. Principal uses permitted on ground floor frontage of prirnary pedestrian -pathways. •602.4.1.1. Only the following principal uses shall be permitted on the ground floor frontage of pedestrian streets: 1. Retail establishments, as follows: Antique stores, art stores and commercial art galleries; bicycle sales; book and stationery stores open to the general public; china and crockery stores; drugstores; florist, including plant and shrub sales; food stores, including bakeries, confectioneries, delicatessens, food establishments —take-out only, fruit and vegetable markets, groceries, ice cream stores, meat or fish markets; gift shops; .hardware stores; hobby shops; home appliance stores; interior decoration supply stores (but not general furniture j stores); establishments for sale of marine accessories (but not sale of boats in- volving outdoor display or storage within the district); jewelry stores; news- stands; office supply stores; optical goods stores; package liquor stores (without drive-in facilities); pet shops; photographic supply stores; variety and sundry stores; establishments for sale of wearing apparel. Such establishments may provide incidental repair, maintenance, adjustment or alteration services as ap- propriate, but facilities, operation and storage in relation to such services shall not be visible from any street or street -related pedestrian open space. Aside from antique stores, art galleries, bookstores, and jewelry stores, no such retail estab lishments shall deal, in secondhand merchandise: ' '2. Service establishments, including barbershops and beauty parlors; health spas or studios; laundry and dry cleaning agencies or establishments, - including those coin -operated facilities with rated capacity limited to twenty-five (25).pounds per machine, five hundred (500) pounds total for ,laundry, .and teri' (10) pounds'per machine, forty (40) pounds total for dry cleaning; letter, photostat and duplicating service; locksmiths; photographic service; shoe and leather goods repairs; 'tai* loring, dressmaking, millinery or drapery fabrication, except where products are for off -premises sale. 3. Production of handicrafts (but not mass-produced items) incidental to sale at retail on the premises. 4. Restaurants, tearooms and cafes, except drive-in, including those with dancing and live entertainment and with outdoor dining areas, subject to limitations j indicated for buffer overlay districts. / supp No. 2 X 180 97- 143 ZONING § 602.6 5. Bars, saloons and taverns, private clubs, and supper clubs, including those with dancing and live entertainment, are permitted in such ground floor locations along pedestrian streets or elsewhere within this district only by Special Excep- tion, and only subject to limitations on Buffer overlay* districts. 6. . Commercial recreational establishments such as pool halls, billiard parlors and game rooms: 7. Theaters. 8. Publicly owned.or operated recreational.facilities', neighborhood centers, act'gal- leries, museums, libraries and the like, and similar privately owned 'facilities hot operated for profit. 9. Dance• halls, for. recreation and entertai.hment;, by Special Exception only; Off-. street parking shall• be as for meeting' halls/places of general assembly in C-1. All sales, display and service activities of uses permitted above shall be contained within completely enclosed buildings, except that, in open space or partially open space, there may be outdoor dining areas; exhibits and sale of arts and crafts (other than those involving mass-produced items), of flowers, plants and shrubs, involving display and sale; and vegetables, produce, citrus or other unpackaged foods involving sale and display, subject to applicable state health regulations. 602.4.1.2. The following rules shall apply concerning extent and location of the following uses on ground floor frontage of primary pedestrian pathways: 1. On corner lots adjoining pedestrian streets on two (2) exposures, limitations as to the uses permitted on ground floor frontage shall apply. 2. The frontage of a lot on a pedestrian street shall be occupied at the ground floor level by uses permitted under the limitations of section 602.4.1.1 for at least sixty-five (65) percent of lot width. (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 11051, § 2, 3-25.93; Ord. No. 11106, § 3, 11-23-93) See..602.5..Permitted accessory uses and structures. ..'Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures, approved.in the same special permit proceedings, and initiated or completed within any time limits established generally or in relation to the special permit, shall be permitted subject. to limitations established by these or generally applicable regula- tions. Other'accessory uses and structures shall. require a separate Class II Special Permit. No aboveground offstreet parking or loading areas shall•be!.permitted between any front portion of a building and the front line of a lot adjoining a pedestrian street. - (Ord. No. 10863, § 1, 3-28-91) Sec. 602.6. Minimum lot requirements. 602.6..1. Minimum lot requirements. 1. For residential uses only, not involving mixtures with other uses, minimum lot width tuad area shall be as for R-3 districts. :' 181 97- 143 L § 602.6 MIAMI, FLORIDA 2. For other uses, shall be as for C-1 districts. (Ord. No. 10863, § 1, 3-28.91) Sea 602.7. Floor area limitations. 602.7.1.1%loor area limitations for combination residential or. nonresidential usd.in ¢, building. ' ' -Except as modified -by section 602.7.2. below: 1. The maximum floor area ratio for residential or nonresidential use in a building shall not exceed eighty -six -hundredths (0.86) times the gross lot area. 2: Mixed -use buildings: The maximum floor, area for combination residential and non- residential use in a building shall not exceed one and twenty -one -hundredths (1.21)- times the gross lot area. 602.7.2. Allowable increase in floor area for buildings prouiding certain supporting uses; lim- itations. The maximum floor area shall be increased in conformance with the following provisions and limitations: 1. Underground and/or enclosed parking: When seventy-five (75) percent of required onsite parking is provided in an underground parking structure or in an enclosed } abovegrade parking structure (with automobiles screened from view), the floor area ratio shall be increased fifteen -hundredths (0.15) times the gross lot area. 2. Open space: For each one (1) percent of open space that a building provides over the required amount of open space, the floor area shall be increased by fifteen -thousandths (0.015) times the gross lot area not to exceed a total of four -tenths (0.4) times the gross lot area. 3. Community theaters: For each one (1) gross square foot that a building provides•for a theater for the -perfarming arts, the floor area shall be increased. by four (4) square ' feet. (Ord. No. 10863, § 1, 3-28-91) Sec. 6.02.8. Minimum open space requirements.. 602.8.1. Minimum yard, except for balconies and awnings. •Bxcept as required in'specified locations, setbacks adjacent to streets shall be at least five (5) feet in depth: (Ord. No. 10863, § 1, 3.28-91 Sec. 602.9. Maximum height. Height within this district shall be limited to fifty (50) feet. (Ord. No. 10863, § 1, 3-28-91) Supp. No. 'L L 182 97- 143 ZONING § 602.10 Sec. 602.10. Minimum offstreet parking. Minimum offstreet parking shall be as required for C-1 district, unless otherwise indicated for a particular use. No variance for the reduction of the number of parking spaces is permit- ted. 1. For•all nonresidential development existing.and/or in operation at the time of passage of this ordinance, all required nonresidential parking may be permitted offsite any- where within that. part. of the SD-2 district. which lies east of Margaret Street, •and • that part of the SD-17 District, west of S.W. 27th Avenue, subject to the requirements and conditions of section 602.12. Special Exception approval is not required for offsite parking and one hundred (100) percent of required parking may' be located offsite.. Except as 'provided below, all 'new. development to be. approved -after passage of.this ordinance shall .be subject to all requirements and limitations of section 918. 2. For all new development on parcels, existing, and undeveloped as of October 27, 1993, of one-half (I/2) acre or less in size, one hundred (100) percent of required parking may be located offsite anywhere within that part of the SD-2 district which lies east of Margaret Street, subject to the requirements and conditions of section 602.12. 3. In any mixed -use development including a theater, spaces required for other nonres- idential uses may be credited toward meeting requirements for the theater to the extent justified by timing of peak demands, by a Class II Special Permit. 4. Where outdoor areas, including the public right-of-way, are regularly used for display and sales, or as dining areas, including areas under awnings which are used for dining and/or other commercial activities, the area so used shall be calculated as part of the establishment's total floor area and shall comply with offstreet parking require- ments. Permit fees for sidewalk cafes shall be prescribed by section 54-111 of the Code of the City of Miami, and additionally, a payment in lieu of providing offstreet parking may be made as prescribed in section 35-194 of the Code of the City of Miami, and shall be paid into the Coconut Grove Parking Improvement gust Fund as provided by Chapter 35, Article VIII of the Code of the City of Miami. 5. Shared.parking facilities folr which.parkizng.demand occurs at different times of the day may be'permitted- by special 'exception, but only upon a finding that the hours -of operation ' for the proposed uses are not concurrent 'and that there is no negative impact. on the surrouoding areas, pursuant.to Article 13 of this ordinance. Applica-., tions for shared.parking must be signed by the owners of the facilities or their.legal representativos..Such shared parking shall be accepted in the fornn of'a recorded.:- covenantrunning with the land, in favor of the city, and signed by all owners, or their legal representatives, of the property(ties) involved, establishing the limitation' 'of operating hours for'both uses, the total number of parking spaces available and committed, the beneficiary of the commitment. The planning director is to be notified by certified mail six (6) months in advance of termination. Such covenant is intended to be binding for three (3) years and is to be executed in advance of the issuance of the special exception and subsequent yearly occupational licenses. 5upp. No.:1 l 8: 3 97- 143 § 602.10 MIAMI, FLORIDA 6. Where required offstreet parking is to be permitted to be located offsite, within that portion of the SD-2 district which lies east of Margaret Street, an agreement shall be required as in section 918.5 that the city is to be notified by registered mail six (6) months in advance of proposed termination of the commitment of parking.spaces. Alternatively, a payment•in lieu of providing required offstreet parking may be made, subject to approval by the planning director, according to the provisions of section 602.12. (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-2891; Ord:'No. •11051, § 2, 3-25-93; Ord. No. 11093', § 1, 9-27-93) Sec. 602.11. Limitations on' signs. No. signs intended to' be read from off the premises shall be erected except as provided below: 602.11.1. General limitations. 602.11.1.1. Prohibited signs. Billboards, poster panels, ground or freestanding signs and other outdoor advertising signs shall be prohibited in this district. Other offsite signs shall be prohibited except for temporary civic and political campaign signs or except when signs are posted on community or neighborhood bulletin boards or kiosks, in accordance with limitations and regulations relating thereto at section 925.3.10 and those applied in special permit proceedings on particular community or neighborhood bulletin boards or kiosks. J 602.11.1.2. Signs more than fifteen feet above grade, limitations on number, area, subject matter. Signs erected with their lowest portions more than fifteen (15) feet above grade shall be limited to those identifying the building and the nature of the estab- lishments it contains. Only one (1) such sign, not exceeding fifty (50) square feet in area, for every one hundred fifty (150) feet of length of building wall shall be permitted for each face of the building oriented toward the street. 602.11.1.3. Signs -fifteen feet or -less above grade, limitations- on. number -and'area. Wall `signs.(not including signs in glassed areas of windows or doors) and. projecting signs . erected with their highest portion fifteen (15) feet or less -above -grade .shall'be limited in total. area to twenty. (20) square feet, except as otherwise' specifically. provided . herein. Signs in the. glass ed.areas of windows and. -doors''. shall not.exceed •6wenty-(20) -percent of the glassed area 'of the window ordoor involved. One. U) .ground'sigh;;: limited to ten (1.0) square feet in area, may be erected*for.buildings on lots where- the street -yard exceeds twenty (20) feet'in depth. 602.11.2. Detailed limitations, wall signs, projecting signs, marquee signs, window signs. . Within. the twenty (20) square feet maximum allowable at or below fifteen (15) feet above grade, the following limitations shall apply to number and area of signs. Not more than one (1) wall sign may be erected per establishment, and maximum area of any such sign shall be twenty (20) square feet. Not more than one (1) projecting sign, other than a marquee sign, shall 5upp. No. 3 184 L 97-- 143 ZONING § 602.12 be erected, with not to exceed two (2) sign surfaces, neither of which shall exceed ten (10) square feet in area. No such sign structure shall extend more than three (3) feet from the wall of the building. Marquee signs shall be limited to one (1) per establishment and three (3) square feet in sign area. 602.11.3. Real estate signs, construction signs, development signs, number and area. Real estate, construction or development signs, individually or in combination, shall be limited to one (1) per street frontage, not exceeding ten (10) square feet in area, and erected with the highest portion fifteen (15) feet or less above grade. Real estate signs which are not part of construction or development signs shall not require a special permit. 602.11.4. Directional signs, number and area. Directional signs, which may be combined with address signs but shall bear no advertising matter, may be erected to guide to entrances, exits, or parking areas. Not more than one (1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit, or parking area. 602.11.5. Community or neighborhood bulletin boards or kiosks, area and location. Area and location of community or neighborhood bulletin boards or kiosks shall be deter- mined at the time of special permit proceeding. !) 602.11.6. Additional wall signs for theaters, museums, noncommercial art galleries. In addition to signs permitted above, theaters, museums, noncommercial art galleries and the like may have wall sign areas for display of announcements concerning coming or current exhibits or performances. Area of such display surfaces shall not exceed two (2) square feet for each lineal foot of building wall frontage on a street, with maximum permitted area two hundred (200) square feet. 602.11.7. Special permit requirements, specified types of signs. Except where such signs are approved in connection with general special permit actions •. concerning development.on the premises, a Class II Special- Permit shall be required*'for the' ' following signs: Permanent window, or door signs, projecting signs, marquee signs, detrefop- ment signs; construction signs, directional,signs, community or neighborhood bulletin boards or kiosks, ;and wall sign display areas for theaters, mus'eums•, noncommercial art galleries.and'. ' the like. (Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863,'§ 1, 3-28-91) Sec, 602.12. Payment in lieu of required offstreet parking. 1. Upon application to the planning director, the owner of a property for which offstreet parking is required, but which the owner is unable to provide onsite parking, may request a waiver of any or all of the required spaces by substituting the payment of )I a fee per space in lieu of providing the required parking spaces. supp. No. :1 185 9 7 ~ 143 § 602.1.2 MIAMI, FLORIDA 2. If the waiver of required offstreet parking is approved by the planning director, the applicant shall pay the required fee per space to the department of offstreet parking for deposit in a special fund entitled "Coconut Grove Parking Improvement Trust Fund" pursuant to the provisions of Chapter 35, Article VIII of the Code of the City of Miami. 3. Payment of the required fee per space may be made in the form of a one-time payment of a fixed amount, or in the form of monthly payments for so long as the offstreet parking waiver is in effect. 4. Fees for the parking waiver shall be as established by Chapter 35, Article VIII of the Code of the City of Miami, and shall be posted on the schedule of fees by the planning, building and zoning department. 5. If the owner of a property applies for and is granted the right to substitute a fee in lieu of parking as provided for in this subsection, payment must be made in advance of issuance of a Certificate of Occupancy or Certificate of Use, as applicable. If the applicant already holds a valid Certificate of Occupancy or Certificate of Use, pay- ment shall be made within thirty (30) days of approval of the requested waiver. Failure to make the required payment shall cause the Certificate of Occupancy or Certificate of Use to be revoked. (Ord. No. 11051, § 2, 3-25-93) Sec. 603. SD-3 Coconut Grove Major Streets Overlay District. Sec. 603.1. Intent. Within Coconut Grove, a number of subareas along major streets are of special and substantial public interest because of unusual architectural and natural features. It is the intent of these special district regulations that future public and private development shall respect and enhance this character, preserving property values and enhancing Coconut Grove's desirability as a place to live and work. These special regulations are intended to apply to highly visible area strategically located along major streets in the community, to protect against inappropriate- height, discordant or incongruent design, disturbance of natural fea- tures, and to encourage development in such portions of the community in a manner appro- priate to preservation of its unique physical, cultural and historic heritage. (Ord. No. 10863, § 1, 3-28-91) Sec. 603.2. Effect of SD-3 district designation. The effect of these SD-3 regulations shall be to modify regulations within portions of other zoning districts included within the SD boundaries to the extent indicated herein. (Ord. No. 10863, § 1, 3-28-91) See. 603.3. Class I and Class II Special Permits. 603.3.1. When required. S Supp. No. 3 186 9"7- 143 § 401 MIAMI, FLORIDA 3. Convalescent homes, nursing homes, institutions for the aged or infirm and orphan- ages are permitted only by Special Exception with city commission approval, subject to the requirements and limitations of section 934. 4. Child daycare centers, subject to the restrictions and limitations in section 936, per- mitted by Class I Special Permit. Conditional Accessory Uses: Same as for R-3 and in addition: 1. Private clubs and lodges, not for profit, shall be permitted only by Special Exception. Where permitted, the floor area of any such private club or lodge shall be limited by convenience establishment requirements. Offstreet Parking Requirements: One- and two-family: Same as for R-1 Single -Family Residential. Multifamily: One (1) space for each efficiency or one -bedroom. Two (2) spaces for each two -bedroom unit or each three -bedroom unit. Three (3) spaces for each unit with more than three (3) bedrooms. In addition, one (1) space for every ten (10) units designated for visitors. Child care: Same as required in R-1 district. Community based residential facility: Same as required in R-1 district. Convalescent homes, nursing homes, institutions for the aged or infirm and orphanages: Same as required in R-3 district. For lodgings: Two (2) parking spaces for every three (3) lodging units. Places of warship: As for GIL A,reduction of up to twenty-five (25)•-percent in required offstreet parking• shall be permissible by .Special Exception, provided findings are made that.clbarly show such reduction is reasonable based on such factors :as facility., proximity tomass transit, facility visitation policy, possible negative impact on the neighborhood, and the like. Offstreet Loading Requirements: Same as for R-3 Multifamily Medium -Density Residential.. Sign Regulations: Same as in R-3 district. O Office. Intent and Scale: Supp. No. :1 1.1.0 L EXHIBIT EMIT 97- 143 C ZONING § 401 The office category allows structures used as permanent and transitory residential facil- ities such as hotels and motels, general office uses, clinics and laboratories and limited com- mercial activities incidental to principal uses, limited services and supporting facilities such as auditoriums, libraries, convention facilities, places of worship, and primary and secondary schools may also be allowed, and mixed residential -office uses. Where office and residential uses are on the same premises or in the same building, access and facilities shall be so separated and such additional safeguards shall be provided as to protect security and privacy for residential occupants. Intensity: For residential uses: As for R-4. For office uses: Minimum lot size: Twenty thousand (20,000) square feet. Setbacks: Front - ten (10) feet; side - ten (10) feet, or the same as the abutting zoning district, whichever is greater; rear - ten (10) feet, or the same as the abutting zoning district, whichever is greater; the maximum height of a building at the base building line is equal to the sum of the right-of-way plus the two (2) front setbacks on either side of the right-of-way or one hundred twenty (120) feet, whichever is greater. Portions of buildings above that height, shall set back one (1) additional foot per each foot in height, except in lots with multiple street frontages where this additional setback applies to frontage on arterials and col- lectors only. Minimum lot width: One hundred (100) feet. Height: Unlimited. Floor area ratio: Maximum of one and seventy -two -hundredths (1.72) times the gross lot area. Building footprint: Maximum. of four. -tenths (0.40) times the gross lot area.. Green �space:•Minimum of fifteen -hundredths (0,15.) times the gross lot area. :. Permitted Principal Uses: As for R-4. and in addition: T.. Offices not selling-nierchandise on tile,premises. 2. Medical or dental offices. 3. Medical and dental -laboratories' and clinics. 4. Financial Institutions. 5. Post -secondary public or private educational facilities. G. Federal, state and local government offices. Permitted Accessoty Uses; Supp. No. 3 L y7-- 143 § 401 MIAMI, FLORIDA Same as for R-3 and in addition: \ 1. Wet dockage or moorage parallel to the shoreline for one (1) row for private pleasure craft. 2. Cellular communications site provided that the miscellaneous antennas and all of its appurtenances: (1) shall not be visible from ground from a maximum distance of six hundred (600) feet; screening from ground view may be provided by a parapet or some other type wall or screening; (2) shall not exceed a height of eighteen (18) feet above the roof; (3) shall not be located closer than eight (8) feet to any power line; (4) shall not exceed three (3) separate areas per roof top; (5) shall be installed and maintained in accordance with all applicable Code requirements; and (6) shall not be located on buildings or structures thereon of less than forty-five (45) feet in height. Notwithstanding the above, if the transmission tower is used in connection with a cellular communications site, the transmission tower shall be by Special Exception only. The transmission tower and anchoring devices, if directly -abutting a residential district must: (1) be located in the interior side or rear yard of the property; (2) meet minimum setback requirements; (3) be securely anchored, installed and maintained in accordance with all applicable codes; (4) not exceed a maximum height of one hundred and fifty (150) feet; and (5) be separated from adjacent properties by a landscape buffer. A Special Exception shall not be required if the antennae are located on a self-supporting pole (in lieu of a transmission tower) of not more than one I hundred (100) feet in height. ` Conditional Principal Uses: Same as for R-3 and in addition: 1. Group homes by Special Exception. 2. Foster care homes by Special Exception. 3. Community based residential facilities pursuant to section 934 are permitted only by Special Exception with city .commission approval. ' 4. Privately owned and/or operated recreational buildings and facilities- by. Special Ex- ception. 5. Playgrounds; playfields, patks.by Special Exception. Supp. No. 3 1.10.2 97- 143 (' ZONING § 401 G. Facilities privately owned and used for garden, service, civic or private clubs or lodges (not for profit) by Special Exception. i 7. Commercial parking lots only by Special Exception. Conditional Accessory Uses: Same as for R•4 and in addition: i Uses and structures which are customarily incidental and subordinate to conditional 4 principal uses and structures, including specifically: i 1. Drive -through banking facilities, only by Special Exception with city commission approval. 2. Helistops only by Special Exception with city commission approval and subject to ` requirements and limitations in section 933. 4 3. Commercial marina by Special Exception only. Offstreel Parking Requirements: i t Offices and other nonresidential uses: One (1) space per three hundred fifty (350) square 1 feet of gross floor area. i j Lodgings: One (1) space per every two (2) lodging units. 'l Multifamily residential uses: t tiOne (1) space for each efficiency/one-bedroom unit. Two (2) spaces for each two -bedroom unit or each three-bedroomunit. ' Three (3) spaces for each unit with more than three (3) bedrooms. In addition, one (1) jspace for every ten (10) units or portion thereof designated for visitors. I i Adult care: One (1) offstreet parking space shall be required for the owner/operator and one (1) space for each employee. In addition to .providing offstreet parking, such establishments shall•provide, safe.and convenient facilities for.'loading and unloading j clieni, 'including. one (J)"unloading'space, for every ten (10)•clients cared for. Child care: -One. (1) space for the'owner/ope'ratoe and one (1) space for each,employee. In. addition to providing. offstreet parking, such establishments .shall provide safe and convenient facilities for loading and unloading children including one (1) •unloading s ace For -eve ' .ten (10) children cared for. P ry Convalescent homes, nursing homes; institutions for the aged or infirm .and orphanages: Same as required in R-3 district. Places of worship: As for G/I. A reduction of up to twenty-five (25) percent in required offstreet parking shall be permissible by Special Exception, provided findings are made that clearly show such reduction is reasonable based on such factors as facility proximity to mass transit, facility visitation policy, possible negative impact on the neighborhood, and the like. Stipp. No.:! 1 I 1 y7-- 143 L § 401 MIAMI, FLORIDA Offstreet Loading Requirements: For buildings in excess of twenty-five thousand (25,000) square feet and up to five hundred thousand (500,000) square feet of gross building area: Berth minimum dimension to be twelve (12) by thirty-five (35) feet; First berth for gross building area up to fifty thousand (50,000) gross square feet; Second berth for gross building area of fifty thousand (50,000) up to one hundred thousand (100,000) gross square feet; Third berth for gross building area of one hundred thousand (100,000) up to two hundred fifty thousand (250,000) gross square feet; Fourth berth for gross building area of two hundred fifty thousand (250,000) up to five hundred thousand (500,000) gross square feet; For buildings with square footage in excess of five hundred thousand (500,000) square feet: Berth minimum dimension to be twelve (12) by fifty-five (55) feet; In addition to the requirements set forth above, there shall be one (1) berth for every five hundred thousand (500,000) gross square feet of building area. By Class I Special Permit, one (1) larger (six hundred sixty (660) square feet) loading space may be replaced by two (2) of the smaller (four hundred twenty (420) square feet) loading spaces as dictated by needs of the individual project. Sign. Regulations: As for R-4, provided that limitations on signs in relation to clinic uses therein shall apply to all office or clinic uses in this district. In addition, for each lot line adjacent to a street, address and/or directional sign, not exceeding twenty (20) square feet. Such address and/or directional, notice or warning sign, if freestanding, shall not exceed six (6) feet to any adjacent lot or closer than two (2) feet to any street'line. Area of permitted.wall signs may be increased two and one-half (21/2) square -feet for each fQpt. above• the first. ten" (10)- feet of -.building hbight :fro.in grade. at the. bottom: of • the wall : (averagead if. sloping or .irregular) to the bottom o£•tlie sign. Community or neighborhood bulletin boards or kiosks shall be permissible only by Class I Special Permit, as. provided at section 925.3.10. Development.signs, except where combined with. construction signs,'shall'be'permissible only by Class I Special. Permit as provided at section 925'.3.8: G/I Government and Institutional. Intent and Scale: The government/institutional category allows the development of facilities for federal, state and local government activities, major public or private health, recreational, cultural, religious or educational activities, major transportation facilities, public utilities, and public Supp. No 2 112 9'7- 143 F § 2208 MIAMI, FLORIDA The time limits set out in sections 2208.1 and 2208.2 shall not include any day of the month of August. (Ord. No. 10771, §1, 7-26-90; Ord. No. 10863, § 1, 3-28.91; Ord. No. 10896, § 1, 6-20-91) Sec. 2209. Nature and requirements of planning advisory board report to city com- mission. I For hearings required to be held by the planning advisory board, the report and recom- mendations of the planning advisory board to city commission shall show: i (a) When pertaining to the rezoning of land where application has been initiated under j categories (a) through (d), section 2202.1, that the planning advisory board has con- sidered such of the factors set out in section 2210 below as may be applicable in the case; (b) Where pertaining to other proposed amendments of this zoning ordinance, that the planning advisory board considered and studied: 1. The relationship of the proposed amendment to the purposes and objectives of the Miami Comprehensive Neighborhood Plan, or portion or portions thereof, with appropriate consideration as to whether the proposed change will further the purposes of the comprehensive planning program, this zoning ordinance, and other city codes, regulations, and actions designed to implement the comprehen- sive planning program and the adopted comprehensiveplan; and 2. The need and justification for the proposed change; 3. The potential development of property being considered meets the concurrency requirements of state law under chapter 163. Sec. 2210. Nature and requirements of zoning board report to city commission. When pertaining to the rezoning of land under application made under section 2202.1(e), the report and recommendations of the zoning board shall show that the zoning board has studied and considered, where applicable, whether or not: +• (a) 'The proposed change, coriforins with -the adopted Miami Comprehensive Neighborhood `Flan, aiid'does not require a play 'amendment; (b) The proposed change'is in harmony with the established land use pattern; (c) The proposed change' is related'to adjacent. and nearby districts; (d) The•change'suggested is not out of scale with the needs of the neighborhood-or.iho city; (e) The proposed change- maintains the same or similar population density pattern and . thereby does not increase or overtax the load on public facilities such as schools, utilities, streets, etc.; EXHIBIT Supp. No. [ G32 4 1 1 34 Ir 97- 143 F. ZONING § 2212 (f) Existing district boundaries are illogically drawn in relation to existing conditions on the property proposed for change; (g) Changed or changing conditions make the passage of the proposed change necessary; (h) The proposed change positively influences living conditions in the neighborhood; (i) The proposed change has the same or similar impact on traffic and does not affect public safety to a greater extent than the existing classification; 6) The proposed change has the same or similar impact on drainage as the existing classification; (k) The proposed change has the same or similar impact on light and air to adjacent areas as the existing classification; (1) The proposed change has the same or similar impact on property values in the adja- cent area as the existing classification; .. (m) The proposed change will contribute to the improvement or development of adjacent property in accord with existing regulations; (n) The proposed change conveys the same treatment to the individual owner as to owners within the same classification and the immediate area and furthers the protection of the public welfare; (o) There are substantial reasons why the use of the property is unfairly limited under existing zoning; (p) It is difficult to find other adequate sites in the surrounding area for the proposed use in districts already permitting such use. Sec. 2211. Status of board reports and recommendations. The reports and recommendations of the planning advisory board or the zoning board required by sections 2208, 2209, or 2210 above, as the case may be, shall be advisory only and shall not be binding upon the city commission. In its deliberations on the reports and recom- mendations in the actions that it may take in regard to them, the city commission shall consider such of the requirements of sections 2209 or 2210 as may be applicable to the par- ticular matter before it. Sec. 2212. City commission action on board reports. 2212.1. Public hearing required. Upon receipt of the report and recommendations regarding amendments to the zoning ordinance by the planning advisory board or the zoning board, as the case may be, the city commission shall hold at least two (2) advertised public hearings on the proposed plan amend- ment in the following manner: (a) Amendments to the official zoning atlas shall be noticed as set out in section 62-55(1), (2), (3) and (4) of the Miami City Code. 633 97- 14* F CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO ` Honorable Mayor and members of the City Commission FROM Ed Marquez City Manager RECOMMENDATION PZ-25 DATE : February 17, 1997 FILE : SUBJECT :Appeal of Class I196-3247 for the Mutiny project REFERENCES: ENCLOSURES: It is respectfully recommended that the City Commission deny the appeals for the Mutiny project, Class II Special Permit #96-3247, and approve the modified plans for the project as submitted to the City on February 14, 1997. BACKGROUND On February 14, 1997, the applicant for the Mutiny project, located at 2951 S. Bayshore Drive, submitted to the City a modified set of plans for the renovation of said project. The modified plans were presented in an attempt by the applicant to mitigate all of the concerns raised by the appellants. Instead of constructing several new levels of parking over the existing structure, the modified plans propose to completely remove the existing two story parking structure and replace it with two levels of underground parking and a surface lot. Pursuant to the Zoning Administrator, this change of plans now requires that the project comply with the "primary pedestrian pathway designation" requirement for retail and pedestrian oriented design features for at least 65% of the McFarlane frontage. As you know, the site is already at its maximum capacity for F.A.R., the applicant therefore proposes to create a plaza in front of the proposed parking area in which vending carts will be placed to sell arts and crafts or flowers, etc.; this proposal does comply with the "primary pedestrian pathway" requirements. In addition to complying with all of the City's design standards and guidelines, the modified plans will also provide more trees and parking than the original proposal. For the reasons stated above, the Department of Community Planning and Revitalization recommends that the City Commission deny the appeals and approve the modified set of plans for the Mutiny project. 4-7- 143