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HomeMy WebLinkAboutO-10708PIM J-90-38 2/15/90 ORDINANCE NO. 00708 AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 18-SPI, SPECIAL PUBLIC INTEREST DISTRICTS, TO ADD NEW SECTIONS 16210 ET SEQ, SPI-21 RIVER QUADRANT MIXED USE DISTRICT; PROVIDING FOR INTENT AND SPECIAL PERMITS, ESTABLISHING PERMISSIBLE PRINCIPAL USES AND STRUCTURES; PERMISSIBLE ACCESSORY USES AND STRUCTURES, MINIMUM LOT REQUIREMENTS, FLOOR AREA LIMITATIONS AND MINIMUM OPEN SPACE REQUIREMENTS, AND PROVIDING FOR VARIATIONS; ESTABLISHING HEIGHT LIMITATIONS, OFFICE PARKING AND LOADING REQUIREMENTS, AND LIMITATIONS ON SIGNS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Miami. Planning Advisory Board, at its meeting of January 17, 1990, Item No. 1, following an advertised hearing adopted Resolution No. PAB 6-90, by a vote of 6 to 2, RECOMMENDING APPROVAL of amending Ordinance No. 9500, as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the i general welfare of the City of Miami and its inhabitants to amend i Ordinance No. 9500, as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: i Section 1. New Section 15210, et seq., of the Zoning Ordinance of the City of Miami, Florida, as amended, is hereby 1 added to Article 15 of said Zoning Ordinance reading as follows: "Sec. 15210. SPI-21 River Quadrant Mixed Use District. Sec. 15211. Intent. This district is of special and substantial public interest because of its unique location adjacent to the Central Business District, along the Miami River, surrounding the proposed River Quadrant Metrorail Station. In the interest of: reduction of traffio within the City generally and in this district in particular; support of the existing and proposed transit facilities; conservation of energy, and the creation of an intensive urban environment with a twenty-four hour activity pattern, it is intended that high intensity mixed use development of office, hotel, residential, retail, service, cultural and entertainment uses be encouraged. Along the Miami River it is intended to encourage water -dependent and water -related uses that are compatible with the adjacent development. It is intended that the character of development shall be such as to enhance the amenity of the location along the Miami River and to provide for pleasant and attractive surroundings throughout the district. Orientation and design of principal buildings and related site design and improvements shall be such as to: provide direct convenient pedestrian access to Metrorail and Metromover stations, protect views of the water from principal public view points; provide public pedestrian access to and along the riverfront; and provide pedestrians with active, interesting, well landscaped and convenient spaces at ground level with outdoor passive or active recreation areas for employees, visitors and residents. It is further intended that rooftops as seen from upper level areas shall present an attractive appearance. Due to the potential availability of direct rapid transit service, and to protect against the dominance of the automobile in the district, it is intended that the offstreet parking requirements be minimal, and that such parking, for the most part, shall be in structures so located and designed to minimize their visual impact. 18211.1. Effect of SPI-21 distriot designation. The effect of these SPI-21 regulations shall be to supplant districts or portions of districts existing at the time of mapping of this district in the Offioial Zoning Atlas. Sea. 15212. Class C Special Permit. 15212.1. When required. A Class C Special Permit shall be required prior to approval of any permit (except special permits pursuant to Article 23) 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, sign, awning, landscaping, parking area or vehicular way visible from a public street or waterfront walkway. 15212.2. Considerations in making Class C Special Permit determinations. The purpose of the Class C Special Permit shall be to ensure conformity of the application with the expressed intent of this district, with the general considerations listed in section 2308, and with the special considerations listed below. In making determinations concerning construction of new principal buildings or substantial exterior alteration of existing prinoipal buildings, the Planning Director shall obtain the advice and recommendations of the Urban Development Review Board. (UDRB). In the event that the UDRB fails to meet within thirty (30) days or fails to make a recommendation to the Planning Director within sixty (60) days after plans have been submitted for review, the requirement for UDRB review may be waived. 3 010708 1. Except for portions authorized by special permit for vehicular access, all required yards, setbacks, and sidewalk area within the public right-of-way adjacent to streets shall be a continuous pedestrian space suitably landscaped and developed with appropriate street furniture according to the following design standards: a. Street trees shall be provided in the sidewalk area at a minimum spacing of thirty (30) feet. Such trees shall be a minimum of fifteen (16) feet in height, three-inoh caliper, and seven (7) feet of clear trunk. b. Paving materials and patterns shall be aesthetically harmonious and consistent with adjacent or nearby properties and shall meet established sidewalk grades. o. Street furniture shall be provided which may include benches, trash receptacles, pedestrian walkway lighting, bus shelters, sculpture, kiosks, and the like. These may be located in the pedestrian areas as long as pedestrian flow patterns are continuous. d. Trees, palms, ground cover, grass and other living landscape plants shall be provided in required or provided yard areas in accord with an approved overall landscape plan for the development. 2. Public access to waterfront walkways shall be provided in accord with the "City of Miami Haywalk/Riverwalk Design Standards and Guidelines", and shall be open to the public during normal business hours. 3. Rooftop parking and other areas containing mechanical equipment and utility areas visible from nearby buildings shall be appropriately screened with landscape or architectural materials. 0107003 003 4. in general, principal pedestrian entrances to buildings shall be along street frontages with major vehicular traffic volumes, and vehicular entrances shall be along streets less intensively used for through traffic, both to separate pedestrian from vehicular circulation and to minimize marginal vehicular friction along major streets. B. Offstreet parking and loading shall generally be within enclosed structures which shall either be underground or, if above ground, shall be designed to provide a minimal visual impact, well integrated with the principal structures. Unenolosed vehicular parking and loading in any location visible from a public street or waterfront walkway shall be appropriately screened from exterior views. 6. A pedestrian connection shall be provided between any waterfront walkway and parallel public street at maximum seven hundred (700) foot intervals along the waterfront. Where reasonably feasible, such connection shall be in the form of an unobstructed pedestrian walkway, at least twenty (20) feet in width, which shall be level with the public sidewalk and waterfront walkway at each end. Such connection shall provide substantial public amenities for public enjoyment such as landscaping, seating, fountains, art work, lighting, display spaces, vendors, and abutting retail, service or cultural uses. 7. All structures and improvements on lots abutting any street or waterfront designated as a "primary pedestrian pathway" in the Official Zoning Atlas shall be designed in accord with the following standards: 0 a. A minimum of fifty percent (60%) of the ground level frontage shall be designed for pedestrian oriented uses and where feasible shall have external entrances directly accessible from public sidewalk space. Where feasible for the first 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. b. The interior floor elevation shall be no more than six 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 flood proofed in accord with Federal Emergency Management Agency (FEMA) standards, in order to permit habitable floor space no more than six 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 have external landings no more than forty-two (42) inches above the adjacent public sidewalk elevation. c. Vehicular access and loading areas shall not be permitted along primary pedestrian pathways where reasonable access in available from other streets. OIL0 08 r d. 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). e. Parking, loading, and service areas shall be enclosed within buildings or screened from public view with decorative walls and/or landscaping. f. Overhead or underground pedestrian connections shall permitted to oross "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. A variation may be authorized for internal connections within a single business or public facility, but generally shall not be considered to oonneot structures occupied by more than one business or use, including parking. 8. Lots with interior side yards abutting a Metrorail or Metromover right-of-way shall be developed with improvements suitable to promote safe and convenient pedestrian access to Metrorail or Metromover stations. Sec. 15213. Principal uses and structures. 15213.1. Principal uses permitted generally within the district. 1. Dwellings, one and two-family; detached, semi- detached and attached; multiple dwellings. 2. Residence hotels; hotels; and motels. 7 010708 3. Business, professional and medical offices, olinios. 4. Neighborhood convenience goods and services, including food stores (grocery, meat seafood, produce, delicatessen, bakery, candy, ice oream), drugstores, news stands, dry cleaners, barber and beauty shops, and shoe repair stores. 5. Retail establishments as follows: Antique stores, arts stores and commercial art galleries; bicycle sales; book and stationery stores open to the general public; china and crockery stores; florist, including plant and shrub sales; gift shops; hardware stores; hobby shops; home appliance stores; home furnishing stores; interior decoration supply stores; establishments for sale of boating and fishing supplies; jewelry stores; luggage stores; music stores; office supply stores; optical goods stores; package liquor stores (without drive -through facilities); pet shops; photographic supply stores; tobacco shops; television, radio, and other electronics stores; video tape sales and rentals open to the general public; variety and sundry stores; establishments for sale of wearing apparel. Such establishments may provide incidental repair, maintenance, adjustment or alteration services as appropriate, 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, jewelry and book stores, no such retail establishments shall deal in secondhand merchandise. No individual establishment shall exceed twenty-five thousand (25,000) square feet in floor area. The total floor area for these retail uses on an E. 010 706 7. go am 10. 11. 12. 13. 14. individual lot (excluding public circulation space and similar common areas) shall not exceed five - tenths (0.5) times the gross lot area. Restaurants, tea rooms and oaf es, except drive - through, including those with dancing and live entertainment and with outdoor dining areas. Bars, saloons and taverns, including those with dancing and live entertainment. Art galleries, museums, libraries and similar cultural uses. Service establishments as follows: automobile rental agency; auto care agency not including repair facilities; banking and financial institutions not including drive -through tellers; employment agency; printing and duplicating center; real estate agency; ticket agency; travel agency; interior decorator; locksmith; optician; photographic service; tailoring, dressmaking, millinery or drapery fabrication except where products are for off premises sale; rental of recreation and sporting equipment. Production of art and handicrafts (but not mass produced items) incidental to sale at retail on the premises. Entertainment and recreation use including dance and music halls, live performances; movie theaters; game courts; health and fitness studios. Child day care centers, subject to the requirements of section 2036. Commercial marinas including sales and service; charter or rental of marine vessels. Structures and/or uses required for the performance of a governmental function, except uses involving extensive storage or with storage a the primary purpose. ®1®7Q1S IB. Structures and uses relating to operation of public utilities and requiring location within the district to serve it or neighboring districts railway or other transit rights -of -way and tracks, but not yards, switching, storage, warehouses or shops. No such use shall have extensive storage or have storage a its primary purpose. 15213.2. Principal uses permitted only by special exception. 1. Automotive service stations. 2. Drive -through facilities, with City Commission approval. 3. Parking lots, parking garages, provided that there shall be no vehicular access to such faoilities directly from primary pedestrian pathways. 4. Private clubs, lodges, fraternities, sororities. S. Auditoriums; concert halls; convention centers and exhibition halls. 15213.3. Limitations on uses. 1. Except for outdoor dining and drinking places, exhibits of arts and drafts, flowers and plants, and other uses as authorized by special permit, all activities shall be conducted within completely enclosed buildings. 2. All products and services shall be sold at retail on the premises. No wholesaling or jobbing shall be conducted from within the district. See. 15214. 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 10 OIL0 7OR special permit, shall be permitted subject to limitations established by these or generally applicable regulations. Other accessory uses and structures shall require a Class C Special Permit. The following special limitations or exceptions shall apply to accessory uses and structures in this district: 1. There shall be no vehicular access to parking or loading areas directly from any primary pedestrian pathway where access is reasonably feasible from another street. Sea. inn. Minimum lot requirements; floor area limitations; minimum open space requirements. 15215.1. Minimum lot requirements. No specific dimensional requirements are established in this district, but lots shall be of sufficient width and area to oonform with other requirements and limitations of these and other lawful regulations. 15215.2. Floor area limitations. Floor area limitations for SPI-21 shall be as follows, subject to the limitations and requirements of section 2000.1. 15215.2.1. Floor area limitations for residential, nonresidential, and combination use buildings. The floor area for all uses on an individual lot shall not exceed six (6.0) times the gross lot area. Except as modified by section 15215.2.2 below: 1. The floor area for all residential uses on an individual lot shall not exceed four (4.0) times the gross lot area. 2. The floor area for a single nonresidential use shall not exceed one and seventy-two hundredths (1.72) times the gross lot area and the floor ratio for a combination of two or more nonresidential uses shall not exceed two and five - tenths (2.5) times the gross lot area. 11 0107019 18218.2.2. Allowable increase in residential and nonresidential floor area for any building providing for certain supporting uses; limitations. The maximum floor area for residential or nonresidential uses set forth in section 15215.2.1 above may be increased in conformance with the following provisions: 1. For developments where the main building entrance is located within a 1200 feet walking distance from the entrance to a Metrorail station, the floor area may be increased by one (1.0) times the gross lot area. 2. For every one (1) square foot of floor area provided onsite for residential or hotel uses (excluding associated commercial areas and common areas in excess of 10% of the total floor area occupied by hotel rooms), the maximum floor area may be increased by two (2) square feet for any permitted use. Such residential or hotel floor area shall be constructed prior to or concurrently with any uses receiving this bonus. 3. For every six dollars and sixty-seven cents ($6.67) contributed to an Affordable Housing Trust Fund established and administered by the City of Miami, the maximum floor area may be inoreased by one (1) square foot for any permitted use. All funds so contributed shall be expended solely within the SPI-21 district or within a one mile radius of the district. 4. For every one (1) square foot of offsite "developer sponsored" residential floor area, the maximum onsite floor area may be increased by one (1) square foot for any permitted use. A "developer sponsor" shall be defined as a developer who either assumes responsibility for a 12 01007QB residential project by serving as a general partner or other similar entity, or as a limited partner or other similar entity which provided at least thirty percent (30%) of the finanoing necessary to complete the project. All eligible "developer sponsored" residential floor area shall be provided within the SPI-21 district or within a one mile radius of the district. Such residential floor area shall be constructed prior to or concurrently with any uses receiving this bonus. 5. Retail, service, restaurant and cultural uses: For every one (1) square foot of ground level uses listed paragraphs 4 through 8 in section 15213.1 and constructed in accord with the design standards for primary pedestrian pathways in section 18212.2.(7), the maximum floor area may be increased by one (1) square foot for any permitted use. Such uses shall be adjacent to and directly accessible from public street sidewalks or ground level open space as defined in section 15215.5.1. Uses having principal access from interior building circulation shall not qualify. 6. Water dependent and water related uses: For every one (1.0) linear foot of marine vessel that can be accommodated in a wet dook space, the maximum floor area may be increased by one -hundredth (.001) times the gross lot area for any permitted use. For every one (1) dry dock space provided for a marine vessel, the maximum floor area may be increased by one -hundredth (.001) times the gross lot area for any permitted use. For every one (1) square foot of marine service or supply, restaurant, bar or retail uses located adjacent to and directly aooesible from a, waterway walkway or waterfront open space, the maximum floor area may 13 0107015 be increased by ten (10) square feet for any permitted use. 7. Child day care center or elementary school: For every one (1) square foot of indoor floor area and two (2) square feet of outdoor play area dedicated for use as a child care center or elementary school, the maximum floor area may be increased by four (4) square feet for any permitted use. 8. Riverwalk improvements: For every one (1) square foot of riverwalk improvements installed at offsite locations in accord with the "City of Miami Baywalk/Riverwalk Guides and Standards", the maximum floor area may be increased by ten (10) square feet. 9. Additional open space: For every one (1) square foot of open space provided onsite in excess of the minimum amount of open space required in section 15215.5, the maximum floor area may be increased by ten (10) square feet for any permitted use. Such open space shall conform to the requirements in section 15215.5.1 and 15215.5.2. 10. Underground or enclosed parking: When seventy- five percent (75%) of all onsite parking is provided in an underground parking structure or in an enclosed above grade parking structure, the maximum floor area may be increased by five -tenths (0.5) times the gross lot area. 15215.3. Minimum yards. The following minimum yard dimensions and limitations shall apply. Notwithstanding the provisions of section 2008.3, canopies and awnings may project without limitation into the required yard area adjacent to streets, provided that such projection is entirely 14 010708 supported from the building. Required yards and setbacks adjacent to streets shall not be used for offstreet parking or loading. 1. All yards adjacent to streets shall have a minimum depth of ten (10) feet. 2. Except as greater dimensions are required by other lawful regulations, there shall be no minimum requirements for interior side and rear yards. 15215.4. Ground floor setbacks. The ground floor of buildings shall be set back where necessary to permit a sidewalk or riverwalk width of twenty (20) feet from face of building to curb line along primary pedestrian pathways and to permit a sidewalk width of fifteen (15) feet from face of building to face of curb line along all other streets. Unless otherwise prohibited by minimum yard areas, the upper floors of buildings may overhang this setback area. 15215.5. Open space and residential recreation space. In addition to required yards, a minimum of one (1) square foot of open space shall be provided for every fifty (50) square feet of nonresidential floor area over fifty thousand (50,000) square feet. A minimum of one (1) square foot of open space or private recreation space shall be provided for every ten (10) square feet of residential floor area. Such open space and/or residential recreation space shall be approved by Class C permit and shall conform to the design standards in sections 15215.5.1 and 15215.5.2 below. 15215.5.1. Design Standards for Open space. Minimum required open space for nonresidential uses shall be designed, constructed and maintained in accord with the 15 010708 design standards for any of the following alternative types of open spade: 1. Urban Plaza. Urban plazas shall oonform to the "City of Miami Guides and Standards for Urban Plazas" and in addition, urban plazas shall be open and unobstruoted to the sky and shall be aooessible to the publio during normal business hours. Generally, urban plazas should not exoeed twenty-five (25) peroent of the lineal frontage of the lot on any publio street. 2. Urban Garden. Urban gardens shall be exterior spaoes, looated at ground level with at least one side adjaoent to and aooessed from a publio walkway. The oharaoter of an urban garden is defined by a predominanoe of plant material. Urban gardens shall be a minimum of 1,200 square feet in area, provide at least one seat for every one hundred (100) square feet of garden area, and oontain at least one speoial feature suoh as a fountain or art work. 3. Atrium. Atriums shall be interior enolosed spades permeated with natural light from above. Atriums shall be located at ground level with at least one side adjaoent to and aooessed from a publio sidewalk, and shall be open to the publio during normal business hours. Atriums shall be a minimum of 1000 square feet in floor area, have a minimum oeiling height of thirty feet, oontain appropriate plant materials, provide at least one seat for every one hundred (100) square feet of atrium, and contain at least one speoial feature such as a fountain or art work. 4. View Terraoe. View terraoes shall be exterior spaces located at upper levels of buildings where the publio may enjoy views of the city or E. C41 �lTrTiZ�� Biscayne Bay. View terraces shall be open and accessible to the public during normal business hours. View terraces shall be a minimum of 800 square feet and provide suitable seating and improvements for public use. B. Riverwalk and Baywalk. Riverwalks and baywalks shall conform to the "City of Miami Baywalk/Riverwalk Design Standards and Guidelines". 15215.5.2. 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: 1. Balconies, Terraces, and Courtyards. 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. 2. Outdoor common 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. 17 010'708 r 3. Indoor common 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. Sec. 18216. Height limitations. There shall be no height limits in this district except as required by other lawful regulations. Sea. 18217. Offstreet parking and loading. Since it is intended that automobile traffic be minimized in this district because of its close proximity to the rapid transit stations, special offstreet parking requirements and limitations are as follows; and, in addition, offstreet parking and loading, and offsite parking shall be as required in sections 2017, 2018, 2022 and 2023, except as modified below: 15217.1. Minimum and maximum offstreet parking limitations. 1. For dwelling units there shall be a minimum of one (1) parking space and a maximum of two (2) parking spaces per dwelling unit. 2. For hotel or motel uses, there shall be a minimum of one (1) parking space for every four (4) lodging units and a maximum of two (2) parking spaces for every three (3) lodging units. 3. For business and professional office uses, including medical olinios, there shall be a minimum of one (1) parking space per eight hundred (800) square feet of floor area and a maximum of one (1) parking space per four hundred (400) square feet of floor area. 18 4. For retail and service uses there shall be a minimum of one (1) parking space per one thousand (1000) square feet of floor area and a maximum of one (1) parking space per three hundred (300) square feet of floor area. B. For restaurants, bars, nightclubs and the like there shall be no minimum number of parking spaces required and there shall be a maximum of one (1) parking space per one hundred (100) square feet of floor area. B. For theater uses there shall be no parking spaces required and there shall be a maximum of one (1) parking space per four (4) seats. 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 space per five hundred (500) square feet of floor area. 15217.2. Special offstreet parking requirements; offsite parking; limitations. 1. Notwithstanding the limitations of section 2018, offsite parking shall be permitted by Class C 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 a one thousand (1,000) feet radius of the principal use, or within a 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. 19 010'708 2. No residential dwelling unit shall be sold or leased without the right to utilize at least one (1) onsite parking space. 18217.3. Offetreet Loading requirements. 1. For buildings in excess of 25,000 square feet and up to 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 50,000 gross square feet; Second berth for gross building area of 50,000 up to 100,000 gross square feet; Third berth for gross building area of 100,000 up to 250,000 gross square feet; Fourth berth for gross building area of 250,000 up to 500,000 gross square feet; 2. For buildings with square footage in excess of 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 berth for every 500,000 gross square feet of building area. 3. By Class B special permit, one larger (660) square feet loading space may be replaced by two of the smaller (420) square feet loading spaces as dictated by the needs of the individual project. Sec. 18218. Limitations on signs. Sign limitations shall be as provided in section 1529, recognizing the size limitations thereof, provided further that onsite signs above a height of fifty (50) feet above grade shall be subject to the provisions of section 2028.16. Section 2. 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. 20 010708_ - 3 Section 3. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Code of the City of Miami, Florida, as amended, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 4. This Ordinance shall become effective 30 days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 25th day of January , 1990. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 15th day of February 1990. XAVIER L. SU R Z, MAYOR *YHIRUAI CITY CLERK PREPARED AND APPROVED BY: E . MAXWELL ,/ ASSISTANT CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESS: JOIRGE L . FEWANDEZ CITY ATTORN JEM/db/ 21 010'708 DECLARATION OF RESTRICTIVE COVENANTS Alandco, Inc. a Florida corporation ("Owner") hereby voluntarily makes, declares, and imposes on the property described below, these covenants running with the title to the land, which shall be binding on the Owner, its heirs, successors and assigns, personal representatives, mortgagees, lessees, and against all persons claiming by, through, or under them until such time as this instrument is released in writing as hereinafter provided; WHEREAS, Owner holds the fee simple title to the property in Dade County, Florida, described in Exhibit "A" attached and incorporated in this instrument (the "Property"); and WHEREAS, Owner intends to develop the Property in several phases primarily for office purposes with certain potential other water dependent and water related uses, retail uses, day care facilities and other permissible uses including various ancillary uses and wants to assure the City of Miami that when such development is undertaken certain uses and improvements will be developed on the Property. NOW, THEREFORE, in consideration of the premises, Owner hereby agrees as follows: Submitted into the Public Zec!ol-d in connection vvith Prepared by: item ;e Carter N. McDowell, Esquire oI2 Fine Jacobson Schwartz Nash Block & EnglandWCjtf 100 S.E. Second Street, 35th Floor Y Hirai Miami, Florida 33131 CitV Clerk OIL0 708 1. The Owner shall enclose at least 75% of the on -site parking within structures so that the vehicles in said parking structures are substantially screened from view from the sidewalk of nearby public right-of-ways, provided that such screening shall not require mechanical ventilation of said parking structures. 2. The Owner shall install a riverwalk in accordance with the City of Miami Baywalk/Riverwalk Guidelines and Standards along the entire Miami River frontage of the Property prior to the issuance of the first Certificate of Occupancy for a building on the Property. 3. The Owner shall provide or ensure the provision of riverwalk improvements extending from the Property underneath I-95 to the westerly right-of-way- line of I-95 prior to the issuance of first Certificate of Occupancy for the first building on the Property or prior to October 26, 1992, whichever comes first. It being understood that this requirement is contingent upon the Florida Department of Transportation and any other agency having jurisdiction, granting approval and permits for the installation of these improvements. 4. The Owner shall install mooring facilities for boats in the existing large slip located on the Property and shall provide pedestrian access around the slip in order to provide access to the riverwalk being provided pursuant to paragraph 2. However, this shall not prohibit the Owner from filling this slip at a future date. Submitted into the public record in connection with -2- item Z - 2 on -.7- �� �RU Matey Hirai 0107018 City Clerk 5. The Owner agrees to voluntarily contribute $5,000 to the City of Miami for the use and support of daycare facilities in the City of Miami by April 15, 1990. 6. TERM OF DECLARATION. The provisions of this instrument shall become effective upon the rezoning of the Property to SPI-21 with a minimum base Floor Area Ratio of 2.5 for a combination of two or more non-residential uses and their recordation of this document in the public records of Dade County, Florida, and shall continue in effect for a period of thirty (30) years after the date of such recordation, after which time they shall be extended automatically for successive periods of ten (10) years, each, unless released in writing by the then owners of the Property. 7. MODIFICATION. The provisions of this instrument may be amended, added to, derogated, deleted, modified, or changed from time to time by recorded instrument executed either by the then Owner or a majority of the owners of all of the Property provided that such modification, amendment, or release is also approved by the City Commission after advertised public hearing. Should this Declaration of Restrictive Covenants be so modified, amended, or released, the Planning Director or his successor, shall forthwith execute a written instrument effectuating and acknowledging such modification, amendment or release. Submitted into the public record in connection with 1-11 itemon ails0 -3- Matty Hirai City Clerk 010708 8. ENFORCEMENT. Enforcement shall be by the City of Miami and/or property owners within three hundred seventy-five (375) feet of the Property by action at law or in equity against any parties or persons violating or attempting to violate any covenants, either to restrain violation or to recover damages or both. The prevailing party in the action or suit shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the court may adjudge to be reasonable for the services of his attorney including services associated with any appellate proceedings. 9. INSPECTION. As further part of this agreement it is hereby understood and agreed that any official inspector of the City of Miami or its agents duly authorized, may have the right at any time during normal working hours of entering and investigating the use of the premises to determine whether the Property complies with building and zoning regulations and the conditions herein. 10. SEVERABILITY. Invalidation of any of these covenants, by judgment or court, in no way shall affect any of the other provisions of this instrument, which shall remain in full force and effect. Submitted into the public record in connection with item P z - on D-11-070 . Matty Hirai City Clerk -4- 010'708 y� �q Signed, sealed, executed and acknowledged this day of February, 1990 Alandco Inc., a Florida corporation By JarblS E. Hertz, Pre ident Attests -Glenn Weller, Vice President [CORPORATE SEAL] State of Florida ) ss: County of �f &.'k ) The foregoing instrument was acknowledged before me this VVII,day of February, 1990, by ,Tames E. Hertz and Glenn Weller, the President and Vice President, respectively, of Alandco Inc., a Florida corporation, on behalf of the corporation. Notary Public State of Florida My commission expires: NOTARY PUBLIC STATE OF FLORIDA 176RL0160E MY COMMISSION EXP. FE8.25,1992 2 / 7 / 9 0 / aw/ 1 BONDED THRU GENERAL INS. UND. Submitted into the public record in connection with item�Z...�--- -a on 2 l5 �a . Matty ;Hirai City Clerk -5- 010708 Page 3 Section 15212.2 Considerations in making Class C Special Permit determinations. The purpose of the Class C Permit shall be to ensure conformity of the application with the expressed intent of this district, with the general considerations listed in section 2305, and with the special considerations listed below. In making determinations concerning construction of new principal buildings or substantial exterior alteration of existing principal buildings, the Planning Director shall obtain the advice and recommendations of the Urban Development Review Board (UDRB). In the event that the UDRB fails to meet within thirty (30) days or fails to make a recommendation to the Planning Director within sixty ( 60 ) days after plans have been submitted for review, the requirement for UDRB review may be waived. Submitted into the public record in connection with item 2--2 on 2 /S o . Matty Hirai City Clerk i 1 1 W Page 5 Section 15212.2 continued Submitted into the public record in connection with item �z_ on Matty Hirai City Clerk 6. A pedestrian connection shall be provided between any waterfront walkway and parallel public street at maximum seven s--c hundred (700) +44" foot €eet intervals along the waterfront. Where reasonably feasible, such connection shall be in the form of an unobstructed pedestrian walkway, at least twenty (20) feet in width, which shall be level with the public sidewalk and waterfront walkway at each end. 7. All structures and improvements on lots abutting any street or waterfront designated as a primary pedestrian pathway in the Official Zoning Atlas shall be designed in accord with the following standards: a. A minimum of fifty __x-tl f-. _ percent 5( 0%) f45-%t of the ground level frontage shall be designed for pedestrian oriented uses and where feasible shall have external extrances directly accessible from public sidewalk space. Where feasible for the first 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. 010708 Submitted into public record in connection with Page 6 item PZ - on —2�Sq, section 15212.2 ( 7 ) continued Matty Hirai b. The interior floor elevation shall beC4Y 9;g;k than six 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 flood proofed in accord with Federal Emergency Management Agency (FEMA) standards, in order to permit habitable floor space no more than six 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 have external landings be no more than forty-two (42) inches above the adjacent public sidewalk elevation. an-- d- €Ieeder eR_41Re a h e oaial h-e o-t-4 * n 010708 t ,..,� Submitted inti �he public record in connection with item_ Z on �-' / �, Matty Hirai Page 17 City Clerk Section 15215.4 Ground floor setbacks. k The ground floor of buildings shall be set back where necessary to permit prouaLdv a m144+Pa4p, sidewalk or riverwalk width of twenty (20) feet from face of building to curb line along primary pedestrian pathways and to permit a mialmom sidewalk width of fifteen (15) feet from face of building to face of curb line along all other streets. Unless otherwise prohibited by minimum yard areas, the upper floors of buildings may overhang this setback area. Section 15215.5.1. Design Standards for Open Space. 1. Urban Plaza. Urban plazas shall conform to the "City of Miami Guides and Standards for Urban Plazas" and in addition, urban plazas shall be open and unobstructed to the sky and shall be accessible to the public during normal business hours t. Generally, urban plazas should not exceed twenty-five (25) percent of the lineal frontage of the lot on any public street. Submitted into the public record in connection with item P - on _.-P--b 0 Page 18 Matty Hirai Section 15215.5.1 continued City Clerk 2. 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 one hundred (100) twent square feet of garden area, and contain at least one special feature such as a fmintain or art work. 3. Atrium. 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 feet, contain appropriate plant materials, provide at least one seat for every one hundred (100) fifty square feet of atrium, and contain at least one special feature such as a fountain or art work. 0IL0708 Page 20 Section 15217.1. limitations. Minimum and maximum offstreet parking 3. For business and professional office uses, including medical clinics, there shall be a minimum of one (1) parking space per eight hundred (800) square feet of floor area and a maximum of one (1) parking space per four #iwe hundred 4( 00) (58$) square feet of floor area. Submitted into the public record in eonn.ection Vjiti- item on X /( S Malty Hirai City Clerk 010708 0 PLANNING FACT SHEET APPLICANT City of Miami Planning Department: December 20, 1989 PETITION 1. Consideration of amending Ordinance No. 9500, as amended, the Zoning Ordinance of the City of Miami, Florida, by amending Article 15-SPI, Special Public Interest Districts to add new Sections 15210 et seq, SPI-21 River Quadrant Mixed Use District; providing an intent statement; requiring special permits; establishing permissible principal uses and structures; establishing permissible accessory uses and structures; establishing minimum lot requirements, floor area limitations and minimum open space requirements; providing for authorized variation from regulations; establishing height limitations; establishing office parking and loading requirements, and providing limitations on signs; containing a repealer provision and a severability clause and providing for an effective date. REQUEST 'fo incorporate a new Special Public Interest District - SPI-21 River Quadrant Mixed Use District - as a text amendment to Zoning Ordinance 9500. RECOMMENDATION PLANNING DEPARTMENT BACKGROUND ANALYSIS Approval. The Downtown Miami Master Plan recommended a mixed use district for the river quadrant with FAR's up to 6. This Special Public Interest District, as proposed, has the following characteristics: 1. Floor Area Ratios (FAR's) - The FAR allowable is: 1.72 x gross lot area (g.l.a.) for nonresidential uses and 4.0 x g.l.a. for residential uses. These basic FAR's may be increased by FAR bonuses for: a) 1200' proximity to Metrorail station ...... 1 FAR b) residential or hotel construction ........... 2/1 c) Affordable Housing Trust Fund ........... 1/$6.67 d) "developer sponsored" offsite housing .... ...1/1 e retail, service ground level uses ...... .....1/1 f) water dependent uses ............. ...... ....10/1 1 1 1 PAB 1/17/90 Item #1 Pace 1 of 2 g child care... ..... o, .... e .... * .... o. o & o # * - @ *4/1 h offsite riverwalk ...........................2/1 The maximum FAR allowed is 6 x g.l.a. for all uses. (pages 10-12) 2. Mj= - A broad range of uses are allowed including retail, services, offices, hotels, multifamily residential, marinas, and entertainment and recreation facilities. Drive -through facilities, auditoriums and concert halls are among the principal uses permissible only by special exception (pages 6-9). 3. peMit - A Class C permit by the Planning .Department is required prior to construction after consulting the Urban Development Review Board and specified design guidelines. (pages 2-5). 4. Onen Space - Open space is required for developments over 50,000 s.f. at a ratio of 1/50. Design standards apply to the open space. (pages 13-15). 5. Parking - Offstreet parking and loading are required; note that offstreet parking can be supplied up to 1000' offsite. (pages 15-18). 6. SioD5 - Sign limitations are included. PLANNING ADVISORY BOARD At its meeting of January 17, 1990 the Planning Advisory Board adopted Resolution PAB 6-90 by a 6-2 vote, recommending approval of the above. CITY COMMISSION At its meeting of January 25, 1990, the City Cormission passed the above on First Reading. 1 i 1 PAS 1/17/90 Item 01 Page 2 of 2 N 1 .. All Interested pereoni'' Ili talce,.h6tI64 fi'ht oh 0 tit day 61 February, it)9o; the City Colt MI6616h of M11W. PWI:11ll, 0011ed IN following titled ordinbnoee; OhDINAN011 NO,141M,* MIAMI REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Sookle Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of CITY OF MIAMI ORDINANCE NO. 10708 In the ............. X.. X...X .................. Court, was published In said newspaper in the Issues of March 7, 1990 Afflant further says that the said Miami Review Is a newspaper published at Miami In said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturda Sunday and Legal Holidays) and has been entered a seco cl as mall matter at the post office In Miami In said Da Cou ty, Florida, for a period of one year next preceding th firs p bllcation of the attached copy of advertisement; and s ant f her says that she has neither paid nor promised any rson,,. rm or corporation any discount, rebate, commission reZyd for the p ose of securing thi advertisement for bPgtlon In the n t�?iNiPPer. S v�r i jjj and snoscrit%d before me this 7 z .� a Y j�7 �' ....... di of .. �Tr.T� Ff�.....�. S, A.D. 19...9� GheV4 It Marmer Notary• Publrc,$ `*'of Florida at Large (SEAL)LO�`���� My Commission exaf/dstApfY%It%, 1992. MR 114 AN EMERGE NOY ORDINANCE: AMENDING SEOT(tVity2.8 AND SUBSECTIONS (a) AND (o) OF SECTION 0.641(501HE CODE" OF THE CITY OF MIAMI, FLORIDA, AS AMEND90,,jj40 EBY INCREASING THE NUMBER OF VOTING MEMOCAS. OF 'tHrr MIAMI SPORTS AND EXHIBITION AUTHORITY,("AUTHQRITYII) TO THIRTEEN; PROVIDING FOR A MEMBER OF THE 101W COM MISSION TO SERVE AS CHAIRPERSON OF THE'AUTHORlTY .' FOR A ONE YEAR TERM, SAID APPOINTMENT TO BE REVfEI V 0b EACH YEAR; PROVIDING FOR THE SELECTION OF THE EXEC• . UTIVE DIRECTOR OF THE AUTHORITY BY ITS MEMBERS, .SUB JECT TO CITY COMMISSION. APPROVAL BY A FOUR -FIFTHS (4/5THS) VOTE; AND REQUIRING THAT MONTHLY kPORTS BE _. FURNISHED TO THE AUTHORITY AND THE CITY COMMISSION WITH RESPECT TO THE OPERATION, MAINTENANCE'AND,,. FINANCIAL CONDITION OF THE AUTHORITY; z CONTAINING A REPEALER PROVISION, A SEVERABILITY. OLAUSE.,AND PROVIDING FOR AN EFFECTIVE DATE, ORDINANCE N0.1070t AN ORDINANCE AMENDING THEENVIRONMENTAL PRESERVATION DISTRICTS AND,SCENIC TRANSPORTAT.ION''. CORRIDORS ATLAS OF THE CITY OF MIAMI, FLORIDA, BY DES- IGNATING, GENERALLY, ALL PUBLIC:.RICIHTS-OF•WAY IN THE AREA FROM :SOUTHWEST IST AVENUE TO SOUTHWEST;5TH , AVENUE BETWEEN SOUTHWEST 23RD ROAD AND SOUTHWEST ,' 27TH ROAD (A.K.A. "THE SRICKELL HAMMOCK.PARKWAY SYS• TEM,11 AND MORE PARTICULARLY DESCRIBED HEREIN), AS A-, SCENIC TRANSPORTATION CORRIDOR;,MAKING FINDINGS; MAKING ALL'NECESSARY CHANGES ONPAGE ;NO, 37 AND 38 4' OF SAID -ATLAS; CONTAINING A REPEALER PAWSIOW AND`_ ' SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE , ORDINANCE_NO:10768 AN ORDINANCE:AMENDING:ORDINANCE,NO ,9500;:'AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF.MIAMI, FLORIDA, B.Y., AMENDING ARTICLE 15-SP1, SPECIAL PUBLIC INTEREST DISTRICTS, TO ADD NEW SECTIONS '15210,ET; SEQ SPI.21 RIVER QUADRANT MIXED USE DISTRICT;,,PROVIDING. FOR INTENT AND SPECIAL PERMITS,*.,ES.TASLIEHING .,y PERMISSIBLE PRINCIPAL USES AND STRUCTURES; ; PERMISSIBLE ACCESSORY USES AND STRUCTURES; MIMIMUM LOT REQUIREMENTS; FLOOR AREA `LIMITATIONS' AND MINIMUM OPEN SPACE REQUIREMENTS,'AND PROVIDING FOR,'? VARIATIONS;, ESTABLISHING HEIGHT,LIMITATIONS, OFFICE';, PARKING AND LOADING REQUIREMENTS,' AND LIMITATIONS:';, ON SIGNS; CONTAINING A REPEALER PROVISION `AND A BEV- ERABILITY•CLAUSE; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO.10709 AN ORDINANCE AMENDING THE ZONING -ATLAS OF= ORDINANCE NO. 9600,'THE ZONING ORDINANCE.OF:THE CITY OF MIAMI, FLORIDA, BY CHANGING THE ZONING CLASSIF CATION, OF. THE PROPERTY GENERALLY "BOUNDED •BY. S.�,'.; SECOND ��g4VENUE'ON'THE EAST, THE: MIAMI RIVER'ORTHE ' SOUTH; 1.95 RIGHT-OF-WAY ON THE WEST AND,S.W SECOND , STREET ONTHE NORTH (MORE PARTICULARLY.'DESCRIBED HEREIN), FROM WF-1/7 WATERFRONT INDUSTRIAL AND 00-117; COMMERCIAL GENERAL TO SPI-21 RIVER QUADRANT.MIXED> USE DISTRICT; MAKING FINDINGS' BY MAKING:ALL'' NECESSARY CHANGES ON PAGE-36 OF 6A16 ZONING'ATLAS, CONTAINING A'REPEALEIR PROVISION AND A'SEVERABILITY',;: CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE: ORDINANCE NO.10710 AN ORDINANCE, WITH ATTACHMENTI AMENDING THE•SCHED,; ULE OF DISTRICT REGULATIONS OF ORDINANCE NO, 9500,'. THE ZONING ORDINANCE OF THE CITY' OF MIAMI; FLORIDA, AS AMENDED, BY`CHANGING THE UNIT DENSITY; CAP UP TO 40 UNITS PER NET ACRE AND DELETING STORIES ON PAGE 2, ` RG•2, GENERAL RESIDENTIAL; BY ADDING - A- NEW .ZONING DISTRICT CLASSIFICATION OF "CON; CONSERVATION"•:ON. , PAGE S TO BE RESERVED FOR ENVIRONMENTALLY SENSITIVE, AREAS; AND BY AMENDING.:THE;ZONING;;ATLAS-- OF. =. OF MIAMI,' FLORIDA; AS AMENDED, BY. CHANGING; -ZONING PERCENT OF THE.TOTAL LAND AREA OF THE CITY, IN.ORDER, TO BRING SAID ORDINANCE INTO COMPLIANCE WITH THE-.. MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN 1989.2000, PURSUANT TO SECTION 183,3202(1), FLORIDA STATUTES, (1987h ," SAID CHANGES BEING MORE PARTICULARLY' DESCRIBED HEREIN; BY MAKING FINDINGS; AND BY MAKING' ALL THE.-, NECESSARY CHANGES TO AFFECTED PAGES OF SAID ZONING ATLAS; CONTAINING A REPEALER PROVISION,SEVERABILITY.' CLAUSE AND AN EFFECTIVE DATE. ORDINANCE NO.10711 AN ORDINANCE AMENDING CHAPTER 62 OF THE,CODE::OF ,' THE CITY OF MIAMI, FLORIDA, AS AMENDED,`BY'AMENDING , SECTION 62•16 TO, REQUIRE,,A COMPANION::ZONING'APPItI• -i CATION AND TO REORGANIZE THE SCHEDULE;FOR SEMIAN- NUAL PLAN AMENDMENTS; SECTION 82.18-TWREFERENCE THE PLANNING ADVISORY BOARD AS THE LOCAL PLANNING„ AGENCY; BY INSERTING ANEW SECTION 62.19ENTITLE6' "LAND DEVELOPMENT REGULATIONS" AND. LISTING `THEM; SECTION 62.25 BY ADDING A NEW SUBSECTION (11) DESIG- NATING THE PLANNING ADVISORY BOARD AS THE';LOCAL I PLANNING .AGENCY AND LOCAL'. LAND DEVELOPMENT: REGULATION COMMISSION; AND:CONTAINING;A.FIEP•EALER, PROVISION, SEVERABILITY CLAUSE AND AN EFFECTIVE: DATE, ORDINANCE NO00712 AN ORDINANCE: AMENDING ORDINANCE NO; .9500, AS AMENDED; THE ZONING ORDINANCE OF THE CITY OF.MIAMI,'' FLORIDA, BY AMENDING PAGE `4.OF THE OFFICIALSCHED- ULE OF DISTRICT REGULATIONS, BY INSERTING.A NEW CR-3 COMMERCIAL- RESIDENTIAL (GENERAL) TITLE AND. PROVIDING THAT THE SALE OF USED CARS IS PERMISSIBLE BY SPECIAL EXCEPTION SUBJECT TO A LIMITATION; AND PROVIDING AN APPROPRIATE EXCEPTION. FOR SEGQND.HAND.;;,?' I. nrrl.! 1 yL11V V4 flf1 V.l1�� .: EFFECTIVE DATE, Said ordinances may be Inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florlds, Monday through Friday, excluding holidays, between the hours of 8:00 a.m. and 5:00 p.m. (ebBB) MATTY HIRAI a CITY CLERK MIAMI, FLORIDA 3/7 190.4-030792M_