HomeMy WebLinkAboutO-10589J-89-252
3/8/89
ORDINANCE NO. 105199
AN ORDINANCE AMENDING ORDINANCE NO. 9500, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING SPI-5 BRICKELL-
MIAMI RIVER RESIDENTIAL - OFFICE DISTRICT
PROVISIONS: SUBSECTION 1553.2., BY CHANGING
PERMISSIBLE RETAIL AND SERVICE USES AND
LIMITATIONS PERTAINING TO SIZE, GROUND FLOOR
LOCATION AND ACCESSIBILITY OF ESTABLISHMENTS;
SUBSECTION 1556.2.2., BY CHANGING THE
CONTRIBUTION TO THE AFFORDABLE HOUSING TRUST
FUND FROM FOUR DOLLARS ($4.00) PER SQUARE
FOOT TO A MAXIMUM OF SIX DOLLARS AND SIXTY
SEVEN CENTS ($6.67) PER SQUARE FOOT, ADDING
CERTAIN PUBLIC AMENITY USES TO THE RETAIL
BONUS AND CHANGING ACCESSIBILITY AND GROUND
FLOOR FRONTAGE REQUIREMENTS, PROVIDING A NEW
BONUS FOR CHILD CARE, AND CHANGING THE TITLE
APPROPRIATELY; SUBSECTION 1556.2.3., BY
EXCLUDING CIRCULATION AND COMMON AREAS FROM
THE RETAIL AND SERVICE F.A.R. LIMITATIONS;
SUBSECTION 1556.3.6.1., BY MODIFYING THE
AMOUNT OF REQUIRED URBAN PLAZA SPACE; SECTION
1558., BY INCREASING THE MAXIMUM PARKING
LIMITATIONS FOR RETAIL USE, RESTAURANTS,
BARS, NIGHTCLUBS, SUPPER CLUBS, AND THEATERS;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of February 15, 1989, Item No. 1, following an advertised hearing
adopted Resolution No. PAB 11-89, by a 5 to 0 vote, RECOMMENDING
APPROVAL of amending Ordinance No. 9500, as amended, as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The text of Ordinance No. 9500, as amended, the
Zoning Ordinance of the City of Miami, Florida is hereby amended
as follows:'/
"ARTICLE 15. SPI SPECIAL PUBLIC INTEREST DISTRICTS
Underscored words and/or figures constitute the amendement.
Words and/or figures which are stricken through are to be
deleted. Asterisks denote omitted and unchanged material.
Unchanged material is now in effect.
Sec. 1550. SPS-5 Srickell-Miami River residential -
office district.
Sec. 1553. Permissible principal uses and structures.
1553.2. Permissible subject to limitation within the
district, limitation as to location in
buildings, or on lots, or limitation as to
size of individual establishments.
eta l ear-i etd f _L-e-
areeef---1lthe fe11E)Wi Rg establishments,
th,1 be
eatien en the ._R*-e e-mi a'} '}'�'�� `-"
e f buildings ldeAt ..l
S le 1 f— fi l l .,,. 0 V a, —a4
et e m eee d ten r Qe
a shall fren
'�'ITCe'1T�""121'1'lT"-'i'� P 2 i C-42'T
e _pedest_LciA PertieAs--ef
er en _ether pedestaris
ph•etegE hie etl9d_; rS.---b- -be4-C and iaea ty
shape eiieept_ _where ---pEeda is are ---fie-
a1-e-t dupiieatien eenterso lunaE
and drry elaaning ageneies -(net ineiadiag
Retail and service establishments permitted
enerally within the CR-2 district shall be permissible
ithin this district, subject to the following
imitations:
a. At least sixty-five percent (65%) of the lot
width along SE 10th Street shall be occupied
by retail and service establishments
permitted generally within the CR-2 district
or by restaurants, bars, taverns, post
offices, art galleries, museums, libraries,
or similar cultural uses. The remaining
frontage may be occupies by uses permissible
as provided in Section 1553.1.
Retail and service establishments shall
generally be limited to locations on the
ground level ( at or below the _ _lowest
habitable floor elevation permitted by
federal flood plain management criteria) of
office, hotel, residential and/or parking
structures; provided, however, that such
retail and service uses may be approved by
Class C permit at locations other than the
around level subject to the following_minimum
standards:
- 2-
ound
enue
and/or residential lobbies) and at least
thirtv (30 ) ercent of the _ total
a qre ate ground level frontage along SE
8th Street. _ SE 12th Street, and
waterfront walkways shall be occupied
retail and service establishments
permitted generally within the CR-2
district or by restaurants, bars,
taverns, post offices, art galleries,
museums, libraries, or similar cultural
uses.
2. At least fifteen (15) percent of the
total aggregate ground floor frontage
along streets other than Brickell Avenue
(excluding vehicular entrances and
entrances to office, hotel, and/or
residential lobbies) shall be occupied
by the _ following uses intended for
nei hbor.hood service and convenience:
food stores, dry cleaning_and laundry,
pharmacy, card shop, restaurant, post
office, library, auto tag agency.
3. The portions of building frontage
required to meet the minimum standards
in paragraph 1 above shall be designed
to be visible and accessible to an
adjacent public sidewalk, urban plaza,
or waterfront walkway, including
.transparent window or door openings over
at least fifty (50) percent_ of each
exterior storefront area, and building
entrances no more than forty-two (42)
inches above the adjacent public
sidewalk elevation. Outdoor cafes,
outdoor sale of merchandise, or retail
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 more than forty-two (42)
inches above the adjacent public
sidewalk elevation.
C. For every one square foot of floor area over
10,000 square feet in an individual retail or
service establishment, there shall be
provided at least one square foot of floor
area in retail or service establishments that
are less than 10,000 square feet per
individual establishment.
Sec. 1556. Minimum lot requirements; floor area
1556.2.
limitations; minimum open space
requirements, limitations.
Floor area limitations.
1556.2.2. Allowable increase in floor area and/or FAR
for offsite affordable housing, retail, service,
restaurants, museums, art galleries, post offices,
and libraries at ground level; underground
parking; and day care. With the approval of the
- 3- 10..y5' 89
urban development review board, the maximum floor
area and/or floor area ratio shall be increased in
conformance with the following provisions and
limitations; provided however, that the first one
and zero -tenth (1.0) of floor area ratio increase
over the maximum as set forth in section 1556.2.1
shall be obtainable only upon compliance with the
requirements of paragraph 1, "Offsite affordable
housing," as hereinafter set forth.
1. Offsite affordable housing: The floor area
ratio may be increased for any permitted use
up to a total increase of FAR one and zero
tenth (1.0), provided that for every one (1)
square foot of increase there shall be
either.
a. A nonrefundable developer contribution
of €emsF dellarrs--($ 4 r4)4T six dollars and
sixty-seven cents ($6.67) to the City of
Miami affordable housing fund
administered by the City of Miami; or
2. Retail, service, afid restaurant, and other
public amenity uses at ground level: For
every one (1) square foot of grveu a�--leve*?
L•e t a i l- - -e e rrs iee•—e-r---r- S t au E a e t ---u sz-s---i,=�
of seetie^ , 55 z 2, floor area located at
ground level __(at__orbelow the _lowest
habitable floor elevation permitted
federal flood plain management criteria),
which is used for retail or service
establishments permitted generally within the
CR-2 district or by restaurants, bars,
taverns, post offices, art galleries,
museums, libraries, or similar cultural uses,
the total allowable floor area shall be
increased by three (3) square feet for any
permissible use, not to exceed a total
increase of five -tenths (.5) times gross lot
area. At -1 e a s-t f l € —(5 Q )--p e veee t of
serviee, _ or crestaur---uses shall--
1e ea #ed----at ground 1 eau a 1--a.ad-- ,Rha1 I --ham
entr-anees whieh epee d-lr-eetly te eitheF
publie sidewalks ev req-aiLred - plaza spaee as
pLaevided iR-seetion ,556_4v6.!.- Individual
establishments shall be designed to be
visible and accessible to an adjacent public
sidewalk, urban plaza, or waterfront walkway,
including transparent window or door openings
over at least fifty (50) percent of each
exterior storefront area. Building entrances
shall be no more than forty-two (42) inches
above the adjacent public sidewalk elevation
or at the heiqht of a federallv mandated wave
barrier.
4. Child Care Center: For every one (1) square
foot of floor area of child care center
indoor area and two (2) square feet of child
care outdoor play area that meets the
requirements of Section 2036, the total
allowable floor area shall be increasedby
four (4) square feet, but not to exceed a
total floor area increase of five -tenths (.5)
times gross lot area.
-4- 10589
1556.2.3. Limitation of floor area ratio for retail and
service uses. The total combined floor area ratio
for all retail and service uses permissible in
section 1553.2 shall not exceed five -tenths (.5)
times gross lot area. Public circulation space
and other common areas are not included in the
calculation of retail or service floor area.
1556.3.6. Ground level pedestrian open space; special
requirements concerning plazas, through block
connections, waterfront walkways. Ground level
pedestrian open space shall be provided, improved
and maintained as generally required, and may be
used as generally provided or as especially
provided in this district.
1556.3.6.1. Special requirements for plaza area,
seating landscaping. Pedestrian open space,
in the form of an urban plaza, shall be
provided in this district in an amount not
less than twenty-€fve (25-) peFeent--e€ n,et le�z
aLcea-t- the amount required by the applicable
pedestrian open space ratio (POSR) in Section
2011.1.1; and in no case shall less than four
hundred (400) square feet of plaza area be
required with a minimum dimension of twenty
(20) feet. Said plaza pedestrian open space
shall be located at ground level (no more
than forty-two inches above the adjacent
public sidewalk) where it will be accessible
from public ways. In additions to conforming
to the requirements for urban plazas in the
City of Miami Guides and Standards, such
required plaza pedestrian open space
shall be improved for intensive pedestrian
use and enjoyment as follows:
Sec. 1558. Offstreet parking and loading.
Except as established for particular uses in the
schedule of district regulations for the RG-2 and CR
districts, minimum offstreet parking requirements shall
be as follows:
3. For nonresidential uses listed in section-9
1553.1 and 455' 2 but not including
restaurants, there shall be a minimum of one
(1) parking space per one thousand (1000)
square feet of gross floor area and a maximum
of one (1) parking space per six hundred
(600) square feet of gross floor area.
4. For restaurants there shall be a minimum of
one (1) parking space per six hundred (600)
square feet of gross floor area and a maximum
of one (1) parking space per thLaee hundr"-a
4444} one hundred (100) square feet of gross
floor area.
5. For bars, nightclubs, supper clubs, and
theatres there shall be a maximum of one (1)
-5- 10589
parking space per one hundred (100) square
feet of gross floor area and no minimum
required amount of parking, provided that
onsite parking for other permitted
nonresidential uses is provided in an amount
equal to one (1) parking space for each three
hundred (300) square feet of gross floor area
in bars, nightclubs, supper clubs, and
theatres.
6. For retail and service uses permissible in
section 1553.2 there shall be a minimum of
one (1) parking space per one thousand (1000)
square feet of gross floor area and a maximum
of one (1) parking space per three hundred
(300) square feet of gross floor area.
*
*
*n
Section 2. All ordinances or parts of ordinances insofar as
they are inconsistent or in conflict with the provisions of this
Ordinance are hereby repealed.
Section 3. 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 4. This Ordinance shall become effective thirty
(30) days after final reading and adoption hereof, pursuant to
law.
PASSED ON FIRST READING BY TITLE ONLY this 23rd day of
March
. 1989.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 25th day of May , 1989.
MATTY HIRAI
CITY CLERK
PREPARED AND APPROVED BY:
J EL E. MAX ELL
SISTANT CITY ATTORNEY
JEM/db/M464
XAVIER L
AREZ, MAYOR
APPROVED AS TO FORM AND
CORRECTNESS:
JORGE L. FER DEZ
CITY ATTORN
1.0589
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All. Inierbsted personaii4lil take notice that :6*h'1he2'6t6 day of May; ifd89,i
the CAtYCOMMINIlon:df.Mlim1,1Klt)k*.i&pted the following
-ORDINANCEiNO. 11658
AN.ORDINANCE 'AMENDING ORDINA,N.CEN..,
MIAMI REVIEW THE ibNING OR01NAN&E OF 7H1E'ciTY* bF-' 1' .1
Published Daily except Saturday, Sunday and
BY'AMCNI)INdtPi-511 ybKkl-L-MIAMI' RIVER; I I
OFFICE bismEr PO W7, i SUBSECTION
Legal Holidays
'A PERTAINING Ti)�'SIZEi�'Okt)UND+F.L'060,�Lbb bW"ANO
Miami, Dade County, Florida,
ACCESSIBOLITY,&
STATE OF FLORIDA 13 Ct4ANGING"'tHt:CONTRIBUTION ,,rO:rH'E,*,;AFF()AtJAtLE'.T'�,z�::
COUNTY OF DADE:
FOOt.'TWkMAXIMUM OP'*SiX!DoLLARS'ANli�'tixT�Y,.tEVEi4."-",',,".,�
Before the undersigned authority personally appeared �-CEN-Tb;($$.S�-PER -SQUARE FOOT, ADDING CERTAIN PUBLIC
Octelma V. Forboyre, who on oath says that she Is the ;AMENITY,--. USES , To •TH E RETAIL
Supervisor of Legal Advertising of the Miami Review, I daily ;ACOSSSSIBILITYANDGROUND FLOOR jTOkTAdE REOUIREMIENTS'
(except Saturday, Sunday and Legal Holidays) newspaper, PROVIDING.A NEW BONUS.- FOR C141 D'CARE, AND CHANGING
published at Miami In Dade County, Florida; that the attached 1'
- HEVITMAPPROPRIATELY; SUBSECTION JW6"., BY EkdLUDI114G'L.,
copy of advertisement, being a Legal Advertisement of Notice "CiRCULATIO14��AND,IbbMMONAREA9 FROM .1HE RETAILAND
" ; In the matter of
..SERVICE, F.A;R i-LIMITATION `ft;-•6Y
CITY OF MIAMI "
'MODIF.YiNGi.TTHE AMOUNT
SECTION '165'8.�'.BY:INCRtAsit4d�T'HE"M�A'X'IMUM
ORDINANCE NO. 10589 UmirrAtioNs FDA RETAILUSE, RESTAURANtS,'MRS, NIGHT'C'L'USS';';.'-"�',.,�,"I
SUPPER CLUBS; ANDrHEATEAS;AND PROVIDING AN EFFECTIVE
DATE.
- ORDINANCE NO. 10590 ,e
AN ORDINANCE; AS AMENDED; AMENDING bi:ibiNAlsidtAb.
�-950 'AS AMENDED,- THE ZONING' ORDINANCE, 0 H I.
OF, MIAMI, FLORIDA, BYAMENDING ,,-A I SECTION 9501 �PEI' I
in the ....... ............. .......... Court, �10, CLASS ,Ww:SPECiAv PERMITS, TOL I LOW'AP Ll
F
was published In said newspaper in the Issues of TRANSMITTED COURTESYdERTIFIEO MAIL ISJOTIFI
APOLI CATIO NS, TO ,ADJ ACENT: PROPERTY OW E
June 5, 1989 CONDOMINIUW ATJONS'AS AN OPTIOWANDE I
, �Associ ' *
SECTION. 3WBY,-jCORREPTING SCRIVENER'S E
PROVIDING THAT NOTICE OF CHANGES TO ZONING:ORDINANCE
TFXt,.OR:SCHEDULE ,O#,..DIStRIOT REGULATION'
SOLELY BY PUBLICATION;.CONTAINING -A:REPEALER PROVISION
A'ND�A SEVERABILITY CLXUlS&i�,-'!'
Afflant further dsa at the said Miami Review Is a gsMth aml In said Dade County, Florida, !'ORDINANC
newspaper published
and that the sold newspaper has heretofore been continuously AN ORDINANCEAMENDING SECTION,62-55 OF THECODE 4
published In said Dade County, Florida each day (except THE'CIT.YOF'MIAMI, FLORIDA;, AS AMENDED, BY CLARIFYW&
aturda
n sold TESYMAILINOTIFiC F
Y, Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office In Miami I THEAEO010EMENT olz-c6un
Dade County, Florida, for a period of one year next preceding PLANNING, ADVISOW'BOARD., ZONING tbdA-RD'- N I) PIT-Y,
the first publication of the attached copy of advertisement; and BY
afflant further says thatCOMMISSION,"PUBLIC; HEARING ;MoRt�PAATIC C , 11,
,a as no RLY,
she h Id nor promised any AMENDING SECTION6-62-*55 (31 (5) ANDBY-:0. ADDING A NEW
person firm or corporation
any oun rebate, commission �,,,SECTION 624*PROVIDING°F09 ONALNOTIde. F,PENDING
or re nd for the purpose of ng t Is advertisement for
pu c In the a I a .ADMINISTRATIVE ACTION ON SPECIAL TOADJAOENT CONDOMINIUM Asg' 1
REPEAU9:13fl6VISI*ON SEVERABILITY
CLAUSE; PROVIDING AN Er .-F ECTIVE DATE,
;ORDINANCE NO -106 2,,
AN ORDIN41NIdAMENDING ORDINAlCE NO,-M,THEZONING:r-,;,�
d ybscrMed before me this .�ORDINANC(OF THE'CITY OF MIAM(,' FL,60IDAj', BY`AMENONG-
,THE_ SCHEDULE. OF DISTRICT REGULATIONS, PAGE -,Q 9,--1
14y of ...... A.D. 19... 8 1 ND STRUCTURES, TO A
PRINCIPAL USES A LITHORIZE, GENER LLY,
FINANCIAL IN8TITUTI'ONS'WITHOUT.DRIVE -THh'OL)'G"H FACILITIES
L.AND bYSPECIAL'PERMit ALL TYPES OF, DRIVE-THAWOW
AJA%*
FACILITIES; � FURTHER; AMENDING THE 'CG!VAND. BD;1 'PISI,,,,:.,,
Marmer
-...'TFICTS OF'PAGE 5 W SAID' SCHEDULE' D COL
a
!$b of Florida at Large
%
V,
n ZONiNZdt EXTi TO CHANGE
(SEAL)ND
REFERENCES FROM "DRIVE-IN" T"DRIVE
My Commission o"AW1400%W 1992. Sild ordinances may be Inspected by .'t e- '. ui effl6e of the'Cify
X llc'*i the
h -'
MR 114 Clerk, 3500, PanAmetican'.0rive, Miami,- to' 0- onday-t rough-rI i
excluding 0olldajoi, between the hours, of 8:00a. '.%and;5:00,p';
(0143)
MATTY HIRAI,
CITY, CLERK
MIAMI, FLORIDA
515
:8"50§M
M1
OR
PZU11
PLANNING FACT SHEET
APPLICANT City of Miami Planning Department:
January 11, 1989
PETITION 1. Consideration of amending Ordinance 9500, as
amended, the zoning Ordinance of the City of
Miami by amending ARTICLE 15: SPI SPECIAL PUBLIC
INTEREST DISTRICTS, Section 1550. SPI-5
Brickell-Miami River Residential - Office
District, Section 1553. Permissible Principle
Uses and Structures, Subsection 1553.2.
Permissible Subject to Limitation Within the
District Limitation as to Location in Buildings,
or on Lots, or Limitation as to size of
Individual Establishments, by changing
permissible retail and service uses and
limitations pertaining to size, ground floor
location and accessibility of establishments;
Section 1556.' Minimum Lot Requirements; Floor
Area Limitations; Minimum Open Space
Requirements, Limitations, Subsection 1556.2.
Floor Area Limitations, Subsection 1556.2.2.
Allowable Increase in Floor Area and/or FAR for
Offsite Affordable Housing, Retail, Service,
-Restaurants at Ground Level; Underground
Parking, by changing the contribution to the
Affordable Housing Trust Fund from four dollars
per square foot to a maximum of ten dollars per
square foot, adding certain public amenity uses
to the retail bonus and changing accessibility
and ground floor frontage requirements,
providing a new bonus for child care, and
changing the title appropriately; Subsection
1556.2.3. Limitation of Floor Area Ratio for
Retail and Service Uses, by excluding
circulation and common areas from the retail and
service FAR limitations; Subsection 1556.3.6.1.
Special Requirements for Plaza Area, Seating,
Landscaping, by modifying the amount of required
urban plaza space; Section 1558. Offstreet
Parking and Loading, by increasing the maximum
parking limitations for retail use, restaurants,
bars, nightclubs, supper clubs, and theaters.
REQUEST To amend the SPI-5 Brickell-Miami River
Residential Office District pertaining to a)
PAB 2/15/89
Item #1
Page 1
size, street frontage, occupancy and
accessibility of establishments; b) a new bonus
for child care; c) separate parking ratios for
restaurants, retail and service uses and d)
change in definitions.
ANALYSIS Discussions with developers for two major
projects in the Brickell area have convinced the
Planning Department that certain modifications
should be considered which are caused by a)
increased flood plain criteria elevations and b)
the large size of the subject parcels.
These amendments to the SPI-5 zoning district in
Brickell would:
1.
a) that 501 of
allowed had to
be at ground level and that 1JAi
and service establishments were
10.000 square feet in size
- and' -
Change the permissible retail and service uses
from -B_1 to retail and service establishments
- and -
Add three limitations: a) that retail and
service establishments shall be limited to the
ground floor (lowest habitable floor elevation
permitted by federal flood criteria) plus higher
floors if approved by Class C permit; b) that
retail and service establishments are limited by
a ratio that equalizes the area in
estAi"hments over _ 10.000 sauare feet to the
and c) that at least M of the ground level
frontage along Brickell Avenue., M of the
ground level frontage along SE 8th and 12th
Streets and 1U of the ground level frontage
along other streets be occupied by retail and
service (or other neighborhood) uses.
2. Require 55%_ of the lot width along SE 10th
Street (Brickell Promenade) to be occupied by
retail and service uses.
PAB 2/15/89
Item #1
Page 2
Y
3. Require that on Brickell Av
and SE 121h Street. for the
4.
5.
6.
7.
=vice uses. 50% of the storefront area should
be transparent• Building entrances should be no
more than AL above the adjacent public
sidewalk. Where flood criteria require the
ground floor elevation to be more than 42" above
the adjacent public sidewalk, the elevation
differential must be mitigated by outdoor cafes,
windows beginning no more than 42" above the
adjacent public sidewalk.
ncreased
floor area.
rioor area aualityi,Dg for FAR bonus; and clarify
requirements for accessibility from a --public
sidewalk or plaza, to recognize increased
federal flood elevation criteria.
Provide a new FAR bonus for child car_.
Deduct Rublic circulation space from the limit
on retail and service floor area
8. Increase the maximum number of parking spaces
allowed to: 1 space/100 square feet for bars
and nightclubs and 1 space/300 square feet for
retail and service uses.
9. Reduce the amount of outdoor, ground level Urban
Plaza space required from 5% of the net lot
Am to an amount required by the Pedestrian
Open Space Ratio (POSR) in Section 2011.1.1.
(see attached legislation).
RECOMMENDATIONS
PLANNING DEPT. Approval.
PLANNING ADVISORY BOARD At its meeting of February 15, 1989, the Planning
Advisory Board adopted Resolution PAB 11-89, by a
5 to 0 vote, recommending approval of the above.
CITY COMMISSION At its meeting of March 23, 1989, the City
Commission passed the above on First Reading.
At its meeting of April 27, 1989, the City
Commission continued the above to its meeting
of May 25, 1989.
PAB 2/15/89
Item #1
Page 3
0589
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