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HomeMy WebLinkAboutR-85-0169J-85-233 2/27/85 65-169 RESOLUTION NO. A RESOLUTION REQUESTING THE FEDERAL GOVERN- MENT TO GRANT POLITICAL ASYLUM TO ERIC SALADO, LUIS LOPEZ AND ALEJANDRO CALLEJAS WHO FLED OPPRESSION IN CUBA AS DID MANY OTHERS BY w COMMANDEERING A BOAT USED SOLELY FOR THE MEANS OF ESCAPE; FURTHER, URGING THE FEDERAL GOVERNMENT TO CONSIDER SUCH ACTION BY THESE THREE INDIVIDUALS AS NON -CRIMINAL IN NATURE BY REASON OF THE ABSENCE OF MALICIOUS INTENT ' ON THEIR PART AND IN VIEW OF THE CUBAN Njz COMMUNISTIC GOVERNMENT'S PAST CONFISCATION OF PROPERTIES OF AMERICAN CITIZENS WITHOUT x COMPENSATION OR REMUNERATION AT THE TIME OF -' SUCH CONFISCATION; FURTHER; DIRECTING THE CITY CLERK TO SEND A COPY OF THIS RESOLUTION TO CERTAIN DESIGNATED PUBLIC OFFICIALS. WHEREAS, Eric Salado, Luis Lopez and Alejandro Callejas are Y: three young Cubans presently slated for deportation to their native land; and WHEREAS, these young men have been accused by the Cuban Government of stealing the boat which was used solely as their means of escape from oppression and with no intention of per- "' manently depriving the owner of its value and which boat its value was immediately returned to Cuba despite the absence of diplomatic relations between the United States of America and Cuba; and WHEREAS, the totalitarian government of Cuba that is accusing the three youths is the same government which appro- priated vast properties owned by American citizens with no remuneration being paid at the time of appropriation; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The federal government is hereby requested to grant political asylum to Eric Salado, Luis Lopez and Alejandro Callejas who fled oppression in Cuba as did many others by commandeering a boat used solely for the means of escape; further, the federal government is urged to consider such action by these three individuals as non -criminal in nature by reason of CITY COMMISSION MEETING OF FEe 9. - 6 the absence of malicious intent on their part and in view of the Cuban communistic government's past confiscation of properties of American citizens wi-hout compensation or remuneration at the time of such confiscation. Section 2. The City Clerk is hereby directed to send a copy of this resolution to the U.S. Attorney and the Chief Judge of the U.S. District Court for the Southern District of Florida as well as the Miami District Director of the U.S. Immigrations and Naturalization Service and the U.S. Secretary of State. PASSED AND ADOPTED this 28 day of February , 1985. ATTE � MAURICE A. FERRE op MAURICE A. FERRE, Mayor PH G. ONGIE City Clerk PREPA ED AND APPROVED BY: ROBERT F. CLARK Deputy Cityl Attorney APPROVESYAS/rO FORM AND CORRECTNESS: Ci Attorney RFC/wpc/pb/043 -2- 85-w169 RAIPH G ONGIE City Clerk MATTY HIRAI Assistant Cm Clerk DEPUTY CITY CLERKS Robert E. Tin fled Georgia M. little Sylvia M Mendoza Evelio Rizo Sylvia Lowman STAFF SUPPORT Lillian Dickmon March 49 1985 Mr. James Lawrence King Chief Judge of the U.S. District Court for Southern District of Florida 301 N. Miami Avenue Miami, Florida 33128-7788 RE: POLITICAL ASYLUM Dear Mr. King: Enclosed herein please find a copy of Resolution No. 85-169, passed and adopted by the City of Miami Commission at its meeting held on February 280 1985, which is self explanatory. On behalf of the City of Miami, thank you for your attention. Very truly yours, in���Rph Ggie City Clerk RGO:sl ENC: a/s OFF ICF OF THE CIT1 CLERK ' City Hall / 3500 Pan American Drive / P.O. Box 330708 / Miami, Florida 33233-0708 / (305) 579-6065 RALPH G. ONGIE City Clerk M.ATTY HIRAI C %ISSiStaM Cily Clerk DEPUTY CITY CLERKS Robert E Tingley Georgia M. little Sylvia tit Mendoza Evelio Rizo Sylvia Lowman STAFF SUPPORT Lillian Dickmon March 4, 1985 The Honorable George P. Shultz U.S. Secretary of State 2201 C Street, N.W. Washington D.C., 20520 RE: POLITICAL ASYLUM Dear Mr. Shultz: Enclosed herein please find a copy of Resolution No. 85-1699 passed and adopted by the City of Miami Commission at its meeting held on February 28, 1985, which is self explanatory. On behalf of the City of Miami, thank you for your attention. Very truly yours, R 1ph G. Ongi, 7 City Clerk RGO:sl ENC: a/s OFFICE Of THE CITI CLERK / City Hall / 3500 Pan American Drive / P.O. Box 330708 / Miami, Florida 33133.0708 / (305) 579-6065 V,4z-- / March u, 1985 Mr. Stanley Marcus U.S. Attorney 155 S. Miami Avenue Room 700 Miami, Florida 33130 RE: POLITICAL ASYLUM Dear Mr. Marcus: RALPH G ONGIE City Clerk MATTY HIRAI Aswan! Cit+ Clerk DEPLTY CM CLERKS Robert E. Tmfley Georgia h1 Little Sylvia M. Mendoza Evelio Rizo Sylvia Lowman STAFF SUPPORT Lillian Dickmon Enclosed herein please find a copy of Resolution No. 85-169, passed and adopted by the City of Miami Commission at its meeting held on February 28, 1985, which is self explanatory. On behalf of the City of Miami, thank you for your attention. Very truly yours, a h� On ie P 6 City Clerk RGO:sl ENC: a/s OFFICE OF THE CITY CLERK / City Hall / 3500 Pan American Drive i P.O. Box 330708, --- I --- -- -- - a t '7e� (a M March 4, 1985 Miami District Director of U.S. Immigration and Naturalization 7880 Biscayne Boulevard Miami, Florida 33138 RE: POLITICAL ASYLUM Dear Sir : RALPH G ONGIE Citr Clerk MATTIt HIR41 Assiaani (it. C ler► DEPLT'r CIT)r CLERkS Robot E. Tingley Georgia ki little Sylvia Ni Mendoza Evelio Rizo Sylvia Lowman STAFF SUPPORT Lillian Dickmon Enclosed herein please find a copy of Resolution No. 85-169, passed and adopted by the City of Miami Commission at its meeting held on February 280 1985, which is self explanatory. On behalf of the City of Miami, thank you for your attention. Very truly yours, 1 G. Ongle City Clerk RGO:sl ENC: a/s OFFICE Of THE CITY CLERK % City Hall / 3500 Pan American Drive / P.O. Box 330-08 / Miami. Florida 33233-0706 ! (3055) 579-6065 SPECIAL PUBLIC INTEREST ZONING ORDINANCE FOR THE SOUTHEAST OYERTOVN/PARK VEST COMMUNITY REDEVELOPMENT AREA JANUARY 24. 198S City of Miami Office of the City Manager Southeast Overtown/Park Vest Redevelopment Project P.O. Box 330708 Miami, Florida 33233-0708 (305) 579-3366 RfJ ' r.; SPECIAL PUBLIC INTEREST ZONING ORDINANCE FOR THE SOUTHEAST OVERTOWN/PARK WEST CONNUNITV REDEVELOPMENT AREA January 24, 1985 SECTION 15150. SPI-15: SOUTHEAST OVERTOWN/PARK WEST OVERLAY DISTRICT SECTION 15151. INTENT. The Southeast Overtown/Park West area is of special and substantial interest because of its official designation as a residential redevelopment area with supporting commercial uses that will provide housing and employment opportunities in close proximity to the Central Business District, Bicenten- nial Park, expressways, and the rapid transit system. In the interest of conservation of energy, maintenance and enrichment of F: principal upper and lower level views, noise reduction, safe and convenient pedestrian movement, the provision of attractively landscaped areas for the :. enjoyment of residents, workers and visitors, these special regulations are intended to provide certain requirements and area -wide standards that will `.' enhance future public and private development and add to the area's desira- bility as a place to live and work. SECTION 15152. EFFECT OF SPI-15 DISTRICT DESIGNATION. The effect of these SPI-15 regulations shall be to modify regulations, to the extent indicated herein, within the portions of the existing zoning districts as shown in the Official Zoning Atlas. t. SECTION 15153. CLASS C SPECIAL PERMIT. 15153.1 When Required. Y No building permit shall be issued within the boundaries of the SPI-15 district affecting the height, bulk, location or exterior configuration with a value in excess of $10,000 for any existing structure, the construction of any new structure, or the location or relocation or enlargement of vehicular ways or parking areas on private property, without authorization by Class C Special �....;; Permit. 15153.2. Materials to be Submitted with Applications. #F�,A Materials to be submitted with applications for Class C Special Permits 4 in this class of cases shall include such site plans, landscaping plans, building plans and elevations, surveys and reports as are required to make x determinations in the particular case as to conformity with the principles ors established below, and to the Southeast Overtown/Park West Design Standards and Guidelines. ' 15153.3. Considerations Generally, and on Buffer Zones, Arcades, View ors, Driveways, PaKing Structures, Principal Building ifoof ppearance; urtsite ' Signs —Pro'lii51 tea. 15163.3.1. Considerations Generally. The general purpose of such special permit considerations shall be to determine conformity of the application as submitted, or with such conditions and safeguards as may reasonably be attached to assure such conformity, with the requirements and expressed intent of these and other regulations as apply- ing generally or specifically in this district and other underlying districts as well as to any conditions, limitations or requirements specified for par- ticular uses or locations. h' ;yr ti SPECIAL PUBLIC INTEREST ZONING ORDINANCE � a FOR THE SOUTHEAST OVERTOWN/PARK NEST T". COMMUNITY REDEVELOPMENT AREA January 24, 1985 SECTION 15150. SPI-15: SOUTHEAST OVERTOWN/PARK WEST OVERLAY DISTRICT SECTION 15151. INTENT. The Southeast Overtown/Park West area is of special and substantial interest because of its official designation as a residential redevelopment area with supporting commercial uses that will provide housing and employment opportunities in close proximity to the Central Business District, Bicenten- nial Park, expressways, and the rapid transit system. In the interest of conservation of energy, maintenance and enrichment of principal upper and lower level views, noise reduction, safe and convenient pedestrian movement, the provision of attractively landscaped areas for the enjoyment of residents, workers and visitors, these special regulations are intended to provide certain requirements and area -wide standards that will enhance future public and private development and add to the area's desira- bility as a place to live and work. SECTION 15152. EFFECT OF SPI-15 DISTRICT DESIGNATION. The effect of these SPI-15 regulations shall be to modify regulations, to the extent indicated herein, within the portions of the existing zoning districts as shown in the Official Zoning Atlas. 4: SECTION 15153. CLASS C SPECIAL PERMIT. 15163.1 When Required. No building permit shall be issued within the boundaries of the SPI-15 district affecting the height, bulk, location or exterior configuration with a value in excess of $10,000 for any existing structure, the construction of any new structure, or the location or relocation or enlargement of vehicular ways z or parking areas on private property, without authorization by Class C Special Permit. 15153.2. Materials to be Submitted with Applications. Materials to be submitted with applications for Class C Special Permits in this class of cases shall include such site plans, landscaping plans, building plans and elevations, surveys and reports as are required to make determinations in the particular case as to conformity with the principles r` 3 established below, and to the Southeast Overtown/Park West Design Standards ry and Guidelines. I5153.3. Considerations Generally, and on Buffer Zones, Arcades, View orr ors, Dr veways, Parking Structures, Principal Building k - Root ppearance; s—ne Signs Pronioltea. ' 15153.3.1. Considerations Generally. The general purpose of such special permit considerations shall be to determine conformity of the application as submitted, or with such conditions and safeguards as may reasonably be attached to assure such conformity, with y the requirements and expressed intent of these and other regulations as apply- ing generally or specifically in this district and other underlying districts x.^ as well as to any conditions, limitations or requirements specified for par- ticular uses or locations. 15153.3.2, Landscaped Buffer Zones Required Adjacent to 1-95, I-395, Metrorail Right -or -Way. Adjacent to the I-95, I-395, and Metrorail Right -of -Way, no residential building shall be erected closer than fifty (50) feet to any structure within such right-of-way. In addition, the yard between any building and the right- of-way line shall be a minimum depth of ten (10) feet. Further, the lot area between a building and the right-of-way line shall be landscaped with trees, shrubs, and other plant material to screen and buffer the building from the adjacent right-of-way. 15153.3.3. Arcades, Mandatory and Optional. 1. Mandatory arcades shall be provided or optional arcades may be provided at ground level. Arcades are required along Biscayne Boulevard; the north side of N.W. and N.E. 5th Street; and N.W. 2nd Avenue between 5th Street and 9th Street. Optional arcades are encouraged along other north -south rights -of -way. Arcades shall be continuous, accessible to the general public at all times, adjacent to the public right-of-way and fronting on the public sidewalk, with the floor of the arcade at the same level as the public sidewalk. Arcades shall have a minimum clear width of twelve (12) feet, a minimum height of ten (10) feet, and shall be unobstructed by building columns, utilities and the like. 15153.3.4. View Corridors. + Orientation and design of principal buildings and related site design and improvements shall be such as to protect views of Bicentennial Park and Biscayne Bay from principal public viewpoints and provide visual access appropriate to public needs and needs of occupants of adjoining or nearby properties. Major portions of principal buildings that are above plane II and the light plane in SPI districts shall be oriented in an east -west direction and shall be in the form of slender towers with consideration given to the shade cast by the tower on nearby structures and open spaces. Particular attention shall be directed toward the need for solar access on the property and adjoin- ing or nearby properties, and the desirable effect of the prevailing southeast air currents. 15153.3.5. Drivewa s, Pedestrian Loadfng Areas and Related Parking, as Affected y Location oPedestrian Circulation, azas, and major Public Rights -of -Way. 1. Driveways providing access to parking structures. offstreet load- ing, or lots shall not cross designated pedestrian ways (arcades or the like) on north -south public rights -of -way if other access is reasonably feasible. Where no other access is available, meas- ures as will minimize interruption of pedestrian flow shall be required. 2. In general, access driveways to offstreet parking or loading shall be provided on east -west public rights -of -way, except where such streets contain designated pedestrian ways (N.W. 7th Street and N.E. and N.W. 9th Street). The location and number of access points to public rights -of -way, separation of vehicular and pedes- trian traffic, and the arrangement of parking area shall be safe, ` secure, and convenient. 15153.3.6. Reserved. 15153.3.7. Accessory Parking Structures; Pedestrian Open Space and/or ti Livability Space Required on Accessory Offstreet Parking Roof Decks; Other Offstreet Parking Structures. 1. Accessory parking structures shall be low in profile and their top decks, where exposed to upper level views, shalt be improved, maintained, and used as pedestrian open space and/or livability space for the enjoyment of residents, workers, or visitors as the case may be. _". N 2. Above ground accessory parking structures shall be visually com- patible with the principal structure, and vehicle storage shall be suitably screened from exterior public view. Offstreet parking and loading shall be located in the interior of the principal structure and shall be surrounded by residential and/or commercial uses, where feasible. Offstreet parking structures shall not front on N.W. and N.E. 9th Street, but shall be permissible behind commercial and/or residential uses which front on the pedestrian mall. 3. Parking structures shall present an attractive appearance in accord with design guidelines for the district, and shall be designed to screen the storage of vehicles from exterior view. 15163.3.8. Principal Building Roof Deck Appearance and Use. All principle building roof tops shall present an attractive appearance as viewed from adjacent or nearby buildings. Roof top mechanical equipment and utility areas shall be appropriately screened with landscape or architec- tural materials. Where possible, equipment and utility areas shall be grouped together, and rooftop areas shall be improved and maintained as pedestrian open space and/or livability space. 15153.3.9. Landscaping, Screening and Open Space. Landscaping and paving shall be provided for ground level pedestrian open space within the public right-of-way in accord with applicable require- ments and standards. All accessory areas which need screening to avoid adverse effects on adjoining areas shall be adequately concealed by appro- priate plantings or other screening. 15153.3.10. Offsite Signs Prohibited. Offsite signs are prohibited in this district. SECTION 15160. SPI-16, 16.1, 16.2: SOUTHEAST OVERTOWN/PARK WEST COMMERCIAL RESIDENTIAL DISTRICTS. SECTION 15161. INTENT. It is of special and substantial public interest to guide redevelopment in accord with the Southeast Overtown/Park West redevelopment plan in the area north of the Central Business District, west of Bicentennial Park, south of I-396, and east of I-95 by regulations encouraging a quality residential living environment with direct access to shopping, recreation, transportation and employment. It is intended that development at appropriate high intensity will provide a variety of housing opportunities, open character, attractive and secure pedestrian open space, appropriately located livability space serving residential uses, adequate retail and service support facilities, and a safe pedestrian movement system. 15151.1. Intent Concerning Uses. It is intended that multifamily residential occupancy in this area is to be promoted and encouraged,, either in separate buildings or in combination with office and supporting retail and service uses, and that such supporting uses shall be scaled and designed to serve the needs of the districts. 15161.2. Character, Site Planning and Architectural Design. It is intended that the character of the development shall be moderate to high intensity that provides an attractive, secure environment for resi- dents and workers with a variety of forms for spatial interest. Site planning and orientation shall protect and enhance view corridors, and shall take max- imum advantage of potential views and prevailing air currents. In general, to maintain continuity between buildings and adjacent blocks, developments shalt adhere to applicable yard, setback and landscaping standards. In consideration of the proposed concentration of residential occupancy and supporting commercial uses and the availability of mass transit, these -3- F a 11; regulations are intended to promote pedestrian comfort and convenience. Developments shall provide barrier -free movement on pedestrian ways, desirable shade and shelter in pedestrian areas, and solar access where necessary for the provision of recreation, energy or other purposes. Consideration shall be given to ground and upper level pedestrian connections to adjacent or nearby developments. SECTION 15162. PERMISSIBLE PRINCIPAL USES AND STRUCTURES. 15162.1. SPI-16: Permissible Principal Uses and Structures; Limitations on Nonresidential Uses Within District. Except as otherwise provided herein for nonresidential uses (Sections 15162.1.1 and .1.2) or for the ground level frontage on N.E. and N.W. 9th Street (Section 15162.1.3), the following principal uses shall be permissible. 1. 2. 3. 4. S. i s. 7. .• 9. 10. 13 14. 15. t. 16. As for RG-2.2, for uses permitted or permissible therein, except for commercial marinas and occupancy of private pleasure craft, and provided that in this district, regardless of special permits required in RG-2.2, all uses require a Class C special permit (see Section 16153). Hotels and other facilities for transient dwelling or lodging. Offices. Banks, saving and loan associations, and similar financial Institutions . Retail establishments as follows: Antique stores, art stores and commercial art galleries; book and stationary stores open to the general public; card and gift shops; china and crockery stores; drug stores; floor covering, paint, and wallpaper stores; florist; food stores, including bakeries, confectionaries, delicatessens, fruit and vegetable markets, and groceries; ice cream stores; general merchandise and furniture stores; gift shops; hardware stores; jewelry stores; leather goods and luggage shops; meat and fish markets; news stands; plant stores; office supply stores; package liquor stores (without drive in facilities); pet and pet supply stores; photographic supply stores; sporting good and bicycles; T.V. and radio stores; variety and sundry stores; and wearing apparel shops. Such establishments may provide incidental repair, maintenance, alteration, or adjustment services as appro- priate, but facilities, operation and storage for such services shall not be visible from any street or pedestrian walkway. Service establishments including barber and beauty shops; custom tailoring, dressmaking and millinery shops, except where products are made for off premises sale; coin operated laundry and dry cleaning facilities with rated capacity limited to 25 pounds per machine, 500 pounds total for laundry, and 10 pounds per machine, 40 pounds total for dry cleaning; laundry and dry cleaning estab- lishment with total capacity limited as for coin operated facil- ities; duplicating centers including letter and photostating services (work areas for such services shall not be visible from adjacent pedestrian walkways); photographic studio; shoe repair stores. Art galleries, museums and libraries. Bars, saloons, and taverns, including those with dancing or live entertainment. Supper clubs and night clubs. Restaurants, tea rooms, and cafes, including those with dancing, live entertainment and/or outdoor table service (where appropriate)• Theaters, other than drive in. Health studios and spas. Educational institutions of a business, professional or scientific nature. Private clubs, lodges, fraternities, and sororities. Auction galleries for sale of antiques, art objects, jewelry and the like, but not second hand merchandise generally. Comercial recreation establishments such as pool halls, billiard parlors and game rooms. -4. 17. Clinics, studios (other than dance), laboratoriesi travel agencies and ticket agencies. 18. Parking facilities. 16162.1.1. SPI-16: Nonresidential Uses Permissible Only in Mixed Use Buildings Nonresidential uses listed in Section 16162.1. 0 through 17) shall be permissible only in mixed use buildings (see Section 15165.3.1 for floor area limitations). 15162.1.2 SPI-16: Limitations on Principal Uses Permissible Fronting on East -West -Rights -of -Way; Exception. Except as provided in Section 15162.1.3 below, (N.E. and N.W. 9th Street) and on the ground level frontage on N.W. 7th Street, only the resi- dential or office uses listed in Section 15162.1 (1 through 3) shall be permissible fronting on east -west rights -of -way. 15162.1.3. SPI-16: Limitations on Principal Uses Permissible on Ground Floor ron age or N.E. ana H.R. YtW ree . Except as provided in Section 15162.1.4 below, only the nonresidential uses listed in Section 15162.1 0 through 17) shall be permissible on the ground floor frontage of N.E. and M.W. 9th Street. 15162.1.4. SPI-16: Special Rules Concernins Extent and Location of Certain Uses on Ground Floor Fronts of N.E. and N.W. 9th 9treet. At least 85% of the lot width ground floor frontage shall be occupied by principal uses permissible in Section 15162.1.3 and the remaining frontage may be occupied by other uses in Section 15162.1. At least 85% of the required 85% frontage shall have transparent window or door openings and such openings shall be maintained in such a manner as to permit full and clear view of the interior. Each use shall have convenient direct access from the adjacent public walkway. 15162.2. SPI-16.1: Permissible Principal Uses and Structures; Limitations on Prin'c-ipal Uses Permissible on Ground Floor Frontage of Biscayne Boulevard. w Except as otherwise provided herein for the ground floor frontage on Biscayne Boulevard (Section 15162.2.1), permissible uses and structures shall be as for Section 15162.1 without limitations for mixed use, and in addition: 1. Retail establishments for sale of motorcycles and or parts, equipment and accessories. 15162.2.1. SPI-16.1: Principal Uses Permissible on the Ground Floor Permissible principal uses on the ground floor frontage of Biscayne Boulevard shall be as listed in Section 15162.1 (3 through 17) and in Section 15162.2 above. 15162.2.2. SPI-16.1: Special Rules Concerning Extent and location of Certain Uses on Ground Floor Frontage of Biscayne Bou evar . At least 859 of the lot width ground floor frontage shall be occupied by principal uses permissible in Section 15162.2.1 and the remaining frontage may be occupied by other uses in Section 16162.1, At least 85% of the required 85% frontage shall have transparent window or door openings and such openings shall be maintained in such a manner as to permit full and clear viers of the interior. Each use shall have convenient direct access from the adjacent public walkway. -s- 11 P! 16162.3. SPI-16.2: Permissible Principal Uses and Structures. Permissible principal uses and structures shall be as for Section 15162.2 without limitations on location and in addition: 1. Sports arenas and exhibition halls. 2. Repair service establishments including appliance and office equipment, but not repair garages, repair of heavy equipment or paint and body shops. 15162.4. SPI-16, 16.1, 16.2: Limitations on Uses. 1. Except for outdoor dining places, exhibits of arts and crafts, flowers and plants, interim parking lots, parking garages, and other uses as authorized by special permit, all activities shall be conducted within completely enclosed buildings. 2. Aside from antique stores, art galleries, jewelry, and book stores, no establishment shall deal in second hand merchandise. 3. All products shalt be sold at retail on the premises. No whole- saling or jobbing shall be conducted from within the district. SECTION 15163. PERMISSIBLE ACCESSORY USES AND STRUCTURES. Uses and structures which are customarily accessory and clearly inci- dental to permissible 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. The following special limitations or exceptions shall apply to accessory uses and structures in this district: 1. Outdoor displays. exhibits, sales, service of food and drinks, or other activities may be conducted in pedestrian open spaces, including required plaza area, whether or not such activities are customarily accessory to the adjacent principal use. Areas, activities, and facilities so approved may be used for regular, intermittent,, or temporary special events without further permit- ting which might otherwise be required under these zoning regula- tions, but shall not be exempted from requirements for other permits. 2. Temporary shelters, bulletin boards, kiosks. signs, exhibit and display stands, and facilities for service of food and drink may be permitted in appropriate locations in pedestrian open space or in required plazas. If so approved. such structures shall be exempted from limitations generally applying to yards, pedestrian open space, and floor area. SECTION 15164. RESERVED. SECTION 15165. MINIMUM LOT REQUIREMENTS; FLOOR AREA LIMITATIONS. 15165.1. SPI-16: Minimum Lot Requirements. Minimum lot requirements for all uses shall be a minimum gross lot area of 15,000 square feet, and a minimum lot width of 90 feet. 15165.2. SPI-16.1, 16.2: Minimum Lot Requirements. There shall be no specific dimensional requirements, but lots shall be of sufficient size to conform with other requirements and limitations of these and other lawful regulations. I5165.3. SPI-16. 16.1, 16.2: Floor Area Limitations. Floor area limitations for SPI-16, 16.1, 16.2 shall be as follows subject to the limitations and requirements of Section 2000.1. -6- 15162.3. SPI-16.2: Permissible Principal Uses and Structures. Permissible principal uses and structures shall be as for Section 15162.2 without limitations on location and in addition: 1. Sports arenas and exhibition halls. 2. Repair service establishments including appliance and office equipment, but not repair garages, repair of heavy equipment or paint and body shops. 16162.4. SPI-16, 16.1, 16.2: Limitations on Uses. 1. Except for outdoor dining places, exhibits of arts and crafts, flowers and plants, interim parking lots, parking garages, and other uses as authorized by special permit, all activities shall be conducted within completely enclosed buildings. 2. Aside from antique stores, art galleries, jewelry, and book stores, no establishment shall deal in second hand merchandise. 3. All products shall be sold at retail on the premises. No whole- saling or jobbing shall be conducted from within the district. SECTION 15163. PERMISSIBLE ACCESSORY USES AND STRUCTURES. Uses and structures which are customarily accessory and clearly inci- dental to permissible 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. The following special limitations or exceptions shall apply to accessory uses and structures in this district: 1. Outdoor displays, exhibits, sales, service of food and drinks, or other activities may be conducted in pedestrian open spaces, including required plaza area, whether or not such activities are customarily accessory to the adjacent principal use. Areas, activities, and facilities so approved may be used for regular, intermittent, or temporary special events without further permit- ting which might otherwise be required under these zoning regula- tions, but shall not be exempted from requirements for other permits. 2. Temporary shelters, bulletin boards, kiosks, signs, exhibit and display stands, and facilities for service of food and drink may be permitted in appropriate locations in pedestrian open space or in required plazas. If so approved, such structures shall be exempted from limitations generally applying to yards, pedestrian open space, and floor area. SECTION 15164. RESERVED. SECTION 15165. MINIMUM LOT REQUIREMENTS; FLOOR AREA LIMITATIONS. 15165.1. SPI-16: Minimum Lot Requirements. Minimum lot requirements for all uses shall be a minimum gross lot area of 15,000 square feet, and a minimum lot width of 90 feet. 15165.2. SPI-16.1, 16.2: Minimum Lot Requirements. There shall be no specific dimensional requirements, but lots shall be of sufficient size to conform with other requirements and limitations of these and other lawful regulations. 15165.3. SPI-169 16.1, 16.2: Floor Area Limitations. Floor area limitations for SPI-16, 16.11, 16.2 shall be as follows subject to the limitations and requirements of Section 2000.1. - 6 - I g 16165.3.1. SPI-16: Floor Area Limitations, Restrictions on Nonresidential Floor Aria. 1. The maximum floor area for a mixed use building shall not exceed 4.32 times gross land area. 2. The maximum floor area for a residential building shall not exceed 4.32 times gross land area. 3. The maximum floor area for nonresidential use shall not exceed 1.72 times gross land area, provided however, that nonresidential use shall be permissible only in a mixed use building where at least one and one-half square feet of residential use shall be provided for every one square foot of nonresidential use. 15165.3.2. SPI-16.1: Floor Area Limitations, Exceptions. 1. The maximum floor area for a mixed use building shall not exceed 5.0 times gross land area. 2. The maximum floor area for a residential use shall not exceed 5.0 times gross land area. 3. Except as modified by Section 15165.3.2.1 below, nonresidential use shall not exceed 2.0 times the gross land area. 15165.3.2.1.SPI-16.1: Allowable Increase in Nonresidential Floor Area Tor the Provision of Onsite or Offsite Residential Use. 1. For every square foot of residential use provided either onsite in a mixed use building or offsite within the boundaries of the SPI- 15 district and provided concurrently with nonresidential use, the nonresidential floor area shall be increased by one square foot, provided, however, that the maximum increase in floor area shall not exceed 3.0 times gross land area. Maximum total nonresiden- tial Floor Area Ratio shall not exceed 5.0 of the SPI-16.1 site. 15165.3.3. SPI-16.2: Floor Area Limitations. 1. The maximum floor area in a mixed use building shall not exceed 4.0 times gross land area. 2. The maximum floor area for a residential building shall not exceed 2.0 times gross land area. 3. The maximum floor area for nonresidential use shall not exceed 2.0 times gross land area. 15165.4. LUI Ratings and Ratios Applying Within District. The LUI tables as shown in Section 2011.1.1 shall apply to residential, nonresidential and mixed use buildings within these districts. The tables are based on gross lot area and all computations concerning increases in floor area as allowed in Section 15165.3.2.1 shall be converted into floor area ratio, as derived from gross lot area, to apply the correct LUI number and its related ratios. For example, assume a gross lot area of 20,000 sq.ft., an FAR of 2.25, and an allowed increase of 5,000 sq.ft.; the computation would be 20,000 x 2.25 + 5,000 - 45,000 + 5,000 - 50,000 ♦ 20,000 - 2.5 times gross lot area with a LUI rating number of 76 (the closest number). SECTION 15166. MINIMUM OPEN SPACE REQUIREMENTS. 15166.1. SPI-169 16.2: Yards; Setbacks; Arcades; Gateway Features; Special K uiremen s and L101tatiOnSe 15166.1.1. Front and Street Side Yards; Other Yards. 1. Adjacent to N.E. and N.N. 9th Street, the yard shall be a minimum of twenty-five (25) feet in depth. 2. Except for N.E. and N.W. 9th Street, or as greater dimensions are required for building spacing, there are no minimum yard require- ments (front, street side, interior and rear). !7- E 15166.1.2. Setbacks; Arcades; Special Requirements and Limitations. Except as modified by Section 15166.3, following are the setback requirements and limitations: 1. Except: (1) adjacent to N.W. 2nd Avenue, N. Miami Avenue, and N.E. 1 and 2 Avenues where a gateway feature is required; and (2) for manda- tory and optional arcades (see Sections 16153.3.3. and 15166.6.2.). adjacent to public rights -of -way, setbacks shall not be permissible for the first forty (40) feet of height above ground level. 16166.2. SPI-16.1: Yards; Setbacks; Arcades; Special Requirements and Limitations. 15166.2.1. Front and Street Side Yards; Other Yards. 1. Adjacent to Biscayne Boulevard, all yards shall be a minimum of ten (10) feet in depth. 2. Except for Biscayne Boulevard, or as greater dimensions are required for building spacing, there are no minimum requirements for all other yards (front, street side, interior and rear). 15166.2.2. Setbacks; Arcades; Requirements and Limitations on Location. Except as modified by Section 15166.3, following are the setback requirements and limitations: I. Except for mandatory and optional arcades (see Section 15153.3.3), adjacent to public rights -of -way. setbacks shall not be permis- sible for the first forty (40) feet in height above ground level. 15166.3. SPI-16, 16.1. 16.2: Reauirements. )tions from Yard and Setback Where approved by Class C Special Permit in connection with original development or in subsequent Class C action, intrusions into the N.W. and N.E. 9th Street Pedestrian Mall yard requirement, or other exemption from set- back requirements, may be granted provided that such exemptions meet the gen- eral objectives as stated in the SPI-15, 16, 16.1 and 16.2 Intent sections or in the Southeast Overtown/Park West Design Standards and Guidelines. 15166.4. Parking Prohibited in Required Yards and Setbacks Adjacent to Public Rights -of -Way: Landscaoin4 Required. 1. Required yards and setbacks adjacent to public rights -of -way shall not be used for offstreet parking or loading. Except for portions authorized for vehicular access, all required yards,, setbacks, arcades, and sidewalk area within the public right-of-way shall be appropriately landscaped and provided with pedestrian ways. See Section 15153.3.5 for permissible vehicular access. 15165.5. Reserved. 15166.6. SPI-16, 16.1, 16.2: Open Space, Pedestrian Open Space, Livability Space; Gateway Features. Special Requirements and Limitations. 16166.6.1. Pedestrian Open Space, Livability Space_ Gateway Features, Special Requirements and Limitations. Pedestrian open space and livability space shall be provided, improved and maintained as generally or especially required in these districts and in addition: I. All improvements shall be in accord with City of Miami Standards and Guidelines. 2. Where the top decks of accessory parking structures are exposed to view from above they shall be improved and maintained as pedes. trian open space or livability space. See Section 15153.7. -B- `, 3. The yard adjacent to N.E. and N.W. 9th Street shall be improved and maintained as pedestrian open space. Landscaping, sculpture, fountains, street furniture, and the like shall be provided as appropriate to the overall design of the pedestrian mall. All improvements are subject to approval in connection with class C Special Permit actions. 4. Street trees and street furniture shall be provided in the side- walk area of the public rights -of -way. Street furniture shall be so arranged as to not impede pedestrian flow. 5. Pedestrian open space and livability space shall be located to take maximum advantage of desirable views, especially as they relate to view corridors. 6. Where feasible, roof tops (other than mandatory improvement of parking deck roof tops) shall be improved and maintained as pedestrian open space and/or livability space (see Section 15153.8). r. S' t 16166.6.2. Gateway Features; Special Requirements. Adjacent to N.W. 2 Avenue, N. Miami Avenue, and N.E. 1 and 2 Avenues, on N.E. and N.W. 5 Street frontages, gateway features shall be provided, improved and maintained as a portion of pedestrian open space. Such features shall be in accord with the Southeast Overtown/Park West Design Standards and Guidelines. 15166.6.3. View Corridors; Special Requirements for Open Spaces. Where building towers are provided above the 30 degree light plane, the tower shall be oriented in an east -west direction and shall provide ample upper level open space to enhance and preserve view corridors as they relate to other developments in the districts. See Section 15153.3.4 and the Southeast Overtown/Park West Design Standards and Guidelines. 15166.6.4. Pedestrian Through Block Connections; Requirements and Limitations. Whenever a development includes a pedestrian through block connection, it shall be open and accessible to the public during normal business hours. The walkway shall have a minimum width of twenty (20) feet and a minimum height of ten (10) feet. The walkway shall be appropriately improved and maintained for pedestrian comfort and convenience. SECTION 15167. HEIGHT LIMITATIONS. 15167.1. SPI-16, 16.2: Height Limitations; Special Requirements. Adjacent to north -south public rights -of -war there are no height limitations. 15167.1.1 Special Height Limitations Adjacent to East-West Public . Adjacent to east -west public rights -of -way, plane II shall be forty (40) feet; from that point a thirty(30) degree light plane shall extend inward and upward for a distance of fifty (50) feet as measured in a horizontal direc- tion. Above that point there are no height limitations; however, no portion of a building shall be closer than fifty (50) feet to the base building line. 15167.2. SPI-16.1: Height Limitations; Special Requirements. Adjacent to north -south public rights -of -way, there are no height limitations. 15167.2.1. Special Height Limitations Adjacent to East-West Public . Adjacent to east -west public rights -of -way, plane II shall be fifty (50) feet; from that points a thirty (30) degree light plane shall extend inward -9- and upward for a distance of fifty (50) feet as measured in a horizontal direction. Above that point, there are no height limitations, provided how- ever, no portion of a building shall be closer than fifty (50) feet to the base building line. SECTION 15168. OFFSTREET PARKING AND LOADING. Since it is intended that automobile traffic be minimized in these dis- tricts because of the districts close proximity to Metrorail and the downtown Metromover, except for particular uses indicated in the Schedule of District Regulations that are not modified below, special offstreet parking require- ments 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. 15168.1. SPI-16: Offstreet Parking. 1. For office, retail and service establishments and other nonres- idential uses permissible in this district, there shall be a min- imum of 1 parking space per 800 square feet of floor area. 2. For dwelling units, there shall be a minimum of .9 parking space per dwelling unit. 15168.2. SPI-16.1: Offstreet Parking. 1. For office, retail and service establishments and other nonresi- dential uses permissible in this district, there shall be a min- imum of 1 parking space per 1,000 square feet of floor area. 2. For dwelling units, there shall be a minimum of .7 parking space per dwelling unit. 3. Offsite parking shall be permissible in this district as provided in Section 2018, but without any demonstration or required find- ings as to the practical difficulty or unnecessary hardship in providing required parking onsite, further provided that in this district Class C Special Permit may cover matters requiring other special permits as in the case of offstreet loading. 16168.3. SPI-16.2: Offstreet Parking. 1. For office, retail and service establishments and other nonresi- dential uses permissible in this district, there shall be a min- im= of 1 parking space per 1,000 square feet of floor area, 2. For dwelling units, there shall be a minimum of .6 parking space per dwelling unit. 15168.4. Special Offstreet Parking Requirements; Limitations. Except for offstreet interim parking facilities or parking lots, all offstreet parking and loading as related to a principal use, required or other, shall be in an enclosed structure so designed to screen automobiles from public view. See Section 15163.7. SECTION 15169. LIMITATIONS ON SIGNS. Sign limitations shall be as set forth in Section 1529, except in SPI-16 and 16.1, animated and flashing signs and banners shall be permissible for ground level nonresidential uses fronting on N.E. and N.W. 9 Street. -14- 25. MuTnts PROPOS �salmoom AIOMI �■ �.�ss � - s C Y T OVERTU rl ZANING •MA11 ••METRO M RlMff vF wp s�ICMJMW f - n C N