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HomeMy WebLinkAboutM-82-0269TO Howard V. Gary City Manager J se h W . McManus sting Director Planning Department CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM r>'F March 19, 1982 riff y Further Consideration of Ordinance 9382: March 16, 1982 Section 9 Public Amenity Require- ments, Sub -Section (8) Historic Preservation Ian Attached is the draft of Section 9, Public Amenity Recuirement, Sub- section (2) Historic Preservation, as presented by the Law Depart- ment at the close of the City Commission meeting of March 16, 1082. The administration was directed to bring the Sub -section (8) back to the Commission at the meeting of March 25, 1982, after allow- ing interested parties the opportunity of reviewing the language. A meeting among the interested parties is scheduled for Monday, March 22, 1982; pending the results of that meeting, revised lan- guage may be offered. JWM;mb Enc. .APPLICANT PETITION PLANNING FACT SHEET City of Miami Planning Department October 28, 1981 la Per City Commission Motion 81-910; October 22, 1981, consideration of an amendment to Comprehensive Zoning Ordinance 6871, as amended, by amending ARTICLE XV-1 CENTRAL COMMERCIAL - CBD-2 DISTRICT, Section 7, subsection (d) specifically to deal with: 1. setback provisions 2. pedestrian commercial arcades and ground level usage 3. see -through corridors 4.*"' landscaping 5. street width and dedications b. Consideration of amendments to Comprehensive Zoning Ordinance 6871, as amended, by amending ARTICLE XV-1 CENTRAL COMMERCIAL CBD-2 DISTRICT by amending Sections 2 and 3 to provide for ground floor retail use; Section 5 to provide for building setbacks and see -through corridors; Section 8 to define pedestrian open space and landscape amenities. C. Consideration of amendments to Comprehensive Zoning Ordinance 6871, as amended by amending ARTICLE XXV BASE BUILDING LINES, Section 1, to change the zoned street width of any or all of the following streets and avenues: - NE 1.2th Street; from NE 2nd Avenue to Biscayne Boulevard - NE 13th, NE 14th, NE 15th Streets and NE 17t1i Terrace; from NE 2nd Avenue to N. B ayshore Drive. - NE 15th Terrace, NE 16th Street, NE 17th Court; from NE 2nd Avenue to Biscayne Boulevard- - NE 2nd Avenue, Biscayne Boulevard and N. Bay - shore Drive, from NE 12th Street to NE 17th Terrace. 82-269 0 REQUEST To amend the CBD-2 zoning district in order to create mandatory provisions for necessary circulation, public improvements and amenities. BACKGROUND When the CBD-2 district was approved by the City Commission in July 1981, the maximum Floor Area Ratios were increased from 7 for residen- tial and G for non residential to 9.0 and 10.5 respectively with bonuses up to FAR 12. Such a substantial increase in FAR will create building bulk, height, traffic impacts and service needs not anticipated in the original ordinance. Furthermore, the increased FAR will make the bonus system for public amenities in- effective as an incentive for most developments. Therefore, the City Commission has directed the Planning Department to review the ordinance and suggest amendments that would ensure necessary public improvements, amenities, and design re- lationships. ANALYSIS The proposed package of CBD-2 amendments, zoned right-of-way changes, and impact fees is based upon a plan for the overall district that en- visions Biscayne Boulevard and NE 15th Street as focal points for vibrant street life generated by retail and entertainment uses, outdoor side- walk activities, colorful signs and lights, and broad landscaped promenades. Vehicular traffic must be diverted, as much as possible away from Biscayne Boulevard and onto N. Bay - shore Drive, NE 2nd Avenue, and N. Miami Ave- nue. Adequate street space should be achieved through a combination of zoned right-of-way and use of increased setback areas on private prop- erty for pedestrian circulation. Private de- velopment should provide necessary public improvements on and adjacent to each site, plus contribute to an impact fee fund for larger improvements to serve the entire district. RECOMMENDATIONS PLANNING APPROVAL DEPARTMENT PLANNING ADVISORY BOARD Continued, November 18, 1981, Recommended appruval by a 5-2 vote on December 2, 1981. CITY COMMISSION FIRST READING of (a) & (b) on December 15, 1981. 1/28/82 CONTI14UED SECOND READING of (a) & (b). AM82-26.9 -' Howard V. Gary City Manager C4 onph IV. McManus Acting Director Planning Department CITY OF '•IIAMI. FLORIDA IN-ran—cFFicE %4EMORANDUM DATE January 18, 1982 FILE: 5L,8j"' CBD Zoning District Modifications - 2nd Reading REFERENCES - ENCLOSURES In accord with City Commission directives during the Public Hearing of December 15, 1981 concerning CBD-2 zoning amendments, the fol- lowing changes have been made for 2nd Reading. 1) Section 7: Floor Area Ratio, paragraph (1)(a) was changed to a maximum FAR 6.0 'for commercial uses more than 600 feet from a DC,%1 station and FAR 8.0 for commercial uses less than 600 feet from a DCM station. 2) Section 9: Public Amenity Requirements, paragraph (2)(a) ivas expanded in relation to Arcades to require a minimum of 8 feet between building columns and the ground floor facade of buildings for pedestrian circulation space. As a result of this change, the following paragraph (2)(b) also required an adjustment. The maximum ground floor setback of 25 feet along Biscayne Boulevard has been changed to 28 feet, in order to provide sufficient space for arcades. 3) Paragraph(8)Historic Preservation under Section 9 has been changed by adding "(except the Sears Building)". 4) Section 9: Public Amenity Requirements, naragraph (4) has been changed to require a public plaza representing 7`ie of the lot area, rather 5% as previously recommended. 5) The zoned street width of NE 15th Street has been changed to 80 feet, rather than the previous recommendation of 70 feet. 6) In response to an issue raised at the Public Hearing concern- ing public access walkways at the location of street closurE•s, the Planning Department recommends that the Pedestrian Con- nection reauirement (Section 9, paragraph (5) ) be approved without further changes. This provides a desirable spacing between parallel pedestrian connections. 82-269 N ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE XV-1, CENTRAL CO:ii•fERCIAL CBD-2 DISTRICT BY A. DELETING SECTION I, CONCERNING PURPOSE AND SUBSTITUTING IN LIEU THEREOF A NEW SECTION 1; B. AMENDING SECTION 3 CONCERNING L1111ITATIONS ON USES BY DELETING PARAGRAPH (1) AND SUBSTITUTING IN LIEU THEREOF A NEW PARAGRAPH (1); C. AMENDING SECTION 5, CONCERNING FRONT AND SIDE STREET SET BACK YARDS AND MINIMUM DISTANCE BETWEEN BUILDINGS BY DELETING PARA- GRAPHS (1) AND (2) AND SUBSTITUTING A NE14 PARAGRAPH (1); C. AMENDING SECTION 5 CONCERNING YARDS AND MINIMUM DISTANCE BETWEEN BUILDINGS BY RENUMBERING PARAGRAPH (3) AND (4); D. AMENDING SECTION 7 FLOOR AREA RATIO BY AMENDING ITEM (a) AND DELETING ITEM (d) OF PARAGRAPH (1); E. ADDING A NEW SECTION 9 CONCERNING PUBLIC AMENITY REQUIREMENT; AND BY RE- PEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board, at its meeting of December 2, 1981, following an advertised hearing, adopted Resolution No. 76-81 by a 5-2 vote (1 member absent) RECOMMENDING APPROVAL of amending Comprehensive Zoning Ordinance 6871, 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 general welfare of the City of Miami and its inhabitants to grant this amendment as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 6871, as amended, the Com- prehensive Zoning Ordinance for the City of Miami, Article XV-I Central Commercial CBD-2 be and the same is hereby amended to read as follows: l/ 1/ Words stricken through shall be deleted. Underscored words constitute the amendment proposed. Reamining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 1, Delete Section 1: Purpose and substituting in lieu thereof a new Section 1: Purpose to read as follows: Section 1: Purpose The purpose of the CRD District is to Provide for high density residential and office d`vr'Aop- ment coupled with major retail shopping and enter- tainment activities. Large scale, yet diverse structural forms and architectural expressions are to be encouraged as statements of regional significance and the inherent social and economic comolexity of the district. To promote residential development, floor area ratio incentives are pro- vided. This district further recognizes the sub- stantial access advantages and support afforded by the proposed Downtown Component of 'Metrorail Tran- sit System and awards increased development inten- sities to sites proximate to stations. In response to a substantial increase in allowable intensity that the CBD-2 district permits, and the subsequent increased burdens on public roads and sidewalks, it is the intent of this district to assure that public circulation systems are increased commensurately. Well landscaped public walkways are to be expanded through the creation of plazas and promenades within building setback areas. The scale and utility of these widened walkways will complement and interconnect the high intensity projects fostered by this district. Ifandatory ground level retail uses exposed to major public walkways are intended to reinforce the desired increase in pedestrian street acti- 2 s. 82•26v vity. By further permitting an intermingling of pedestrians and retail activities, i.e. dining, displays, exhibits within the promenade setback, the pedestrian walkway experience will be diver- sified, stimulated and enhanced. Biscayne Boulevard, a principal thoroughfare and major link to the central business district, and as a significant view corridor of special c;zaracter, requires, additional building set- backs, open space and activity considerations relative to other streets in the district to protect its unique aesthetic and functional qualities. Due to the creation of extensive internal shopping malls, and the relative visual and functional isolation of these malls from the public street environment, special Plaza/Activity Linkage Spaces bordering large projects are man- dated as transparent openings to the streets. The purpose of these plazas is to forge a stronger link, an active transition between internal and external pedestrian environments, thereby strengthening both. Consistent with the complex dense urban charac- ter of the center city, it is intended that em- phasis be given to graphics, signing and light- ing as a means of projecting color, vitality, excitement and blend of activity. Change is the key; animation of images the objective; a true, understandable expression of the center city is the purpose. 3 82-269 The following regulations shall apply in the CBD-2 District. 2. Amend Section 3: Limitations on Uses by deleting paragraph (1) and substituting in lieu thereof a new paragraph (1) to read as follows: Except for automobile parking lots and activitie. specifically permitted in sidewalk and plaza areas by Section 9: Urban Design Requirements, all uses including sales, display, preparation and storage shall be conducted entirely within a completely enclosed structure. 3. Amend Section 5: Yards and Minimum Distance Between Buildings by deleting paragraphs (1) and (2) and sub- stituting a new paragraph (1) as follows: (1) FRONT AND SIDE STREET SETBACK (a) Adjacent to Biscayne Boulevard, every point on a building shall be set back from the base building line a minimum of fifteen (15) feet for the first one hundred (100) feet of building height above grade. (b) Except as otherwise provided herein, adjacent to streets other than Biscavne Boulevard, every point on a building shall be set back from the base build- ing line a minimum of fifteen (15) feet for the first eighteen (18) feet of building height above grade and shall be setback a minimum of five (5) feet for building height above eighteen (18) and below one hundred (100) feet above grade. (c) Above a height of one hundred (100) feet 4 . 82.269 above grade, every point on a building shall be set back from the centerline of the street so that the vertical distance of said point above grade is twice the horizontal distance to the street center- line, provided that such restriction shall not require a setback greater than thirty- five (35) feet from the base building line. (d) There shall be no building setback required adjacent to the following public street rights -of -way which are considered eligible for closure or abandonment: 1. NE 13TH TERRACE 2. NE 14TH TERRACE 3. NE 15TH TERRACE 4. NE 16TH TERRACE 4. Amend Section 5. Yards and Minimum Distance Between Buildings by renumbering paragraphs (3) and (4) to read as follows: (2) INTERIOR SIDE YARD AND REAR YARD (3) MINIMUM DISTANCE BETWEEN BUILDINGS 5. Amend Section 7. Floor Area Ratio by amending item (a) and by deleting item (d) of paragraph (1); said amendment to read as follows: as follows: (a) For non-residential uses: 6.0 if the main building entrance is more than twelve hundred (1200) feet walking distance from a designated station mezzanine of the regional rabid transit system or six hundred (600) feet from a designated station mezzanine of the People Mover System, or 8.0 if a main building entrance is less than twelve hundred (1200) or six hundred (600) fpPr ►alking distance respectively from such designated station mezzanine. 6. Add a new Section 9. Public Amenity Requirement to read Section 9. Public Amenity Requirements (1) USES Retail/entertainment uses shall be required along at least sixty-five percent (65%) of the ground floor frontage on streets listed below. For the purposes of this paragraph, retail/entertainment uses shall be defined as uses in paragraph (7), (8), (9), (10)1 5 82-'69 (11), (12), (13), or (16) of Section 2: Use Regulations. At least 50% of the required retail/entertainment lineal frontage shall be devoted to transparent window openings. Such uses shall have convenient access from the public sidewalk. Provisions of this paragraph shall apply to the followin street frontages: (a) Biscayne Boulevard (b) NE 15th Street between NE 2nJ Avenue and a point 300 feet west of the centerline of North Ba1),shore Orive. (2) SETBACKS (a) The required fifteen (15) feet setback area along all streets shall be developed as continuous pedestrian space, level with the adjacent public sidewalk. No intrusions shall be permitted in this space without the approval of the Urban Development Review Board. In reviewing proposed development of the setback area, the Urban Development Review Board shall ensure that adequate unobstructed pedes- trian circulation space is provided while permitting, where appropriate certain intrusions such as but not limited to: trees with at least 7 feet of clear trunk, outdoor cafes, temporary display and sale of merchandise or art, adver- tising kiosks, canopies, marquees, sculpture, signs projecting from build- ings at .least (9) feet above established street grade, light poles, parking and 6 82-269 pedestrian direction suns and building columns in arcades. Building support columns within the minimum fifteen foot setback area shall have a minimum seven feet of clear distance between columns for every one foot of column width, anti a minimum unobstructed distance of eight (S) feet between the face of anv column and the face of any building wall. (b) In order to provide consistent enclosure of the street space and focus pedestrian activity within an appropriate sidewal width, the ground floor of all buildings adjacent to Biscayne Boulevard shall be set back no more than twenty (20) feet_ from the base building line, with the exceptions of Plaza Activity Linkages as defined in paragraph (4) below and linear fronta.e developed with arcades. For portions of Biscayne Boulevard front- age developed as arcades, the maximum ground floor setback shall be twenty-eight (28) feet. (3) STREETSCAPE DESIGN All required front and side street yard areas and the entire sidewalk area within the adjacent public shall be developed by the property owner as a single cohesive unit according to the following design standards: (a) Paving materials and patterns shall be approved by the Urban Development Review Board to assure compatibility with near- by properties. (b) Street trees shall be provided four (4) feet from the curb line at maximum 30 feet 82-289 intervals .according to City specifica- tions for type, size, and planting methods. (c) Notwithstanding the spacing requirements of item (b) above, alonJsaa ►nc� R�- vard royal palms shall be provided at established intervals along the curb. Special nighttime lighting shall bA pro- vided on the palms according to City standards. No shade trees shall be Planted within 15 feet of the royal palms. (d) Street furniture shall be provided, including benches, trash receptacles, pedestrian scale lighting, bus shelters, etc. and should generally be located in an area 0 to 8 feet from the curb line. (e) Wherever building facades are visible from public streets, they shall be - articulated at least every 150 feet by use of varied setbacks, surface form color, or other forms of visual contrast. (4) PLAZA/ACTIVITY LINKAGES A plaza constituting not less than 71^5 of the development site in size shall he provided in accordance with the following design standards: (a) The plaza shall be a sidewalk level space and shall have frontage directly on Biscayne Boulevard, NE 15th Street or Flagler Street when the development site borders one of these streets. (A) The width of the plaza space shall not be less than one third (1/3) or more 8 82-269 than three times the length of the plaza space. (c) The Plaza shall he open to the sky or covered with a visibly transparent or translucent material for an area not less than its minimum required size. (d) The plaza shall be open and accessible to the general public during normal business hours. (e) Retail uses as listed in Section 2, paragraph (7), (8), (9), (10), (11), (12), (13) or (16) shall directly front at least 50 0 of the perimeter walls enclosing the plaza space and may utilize up to 60% of the plaza space for .retail displays, exhibits, restaurant dining, lounge seating, entertainment activities, demonstra- tions and performances. (f) The Plaza space shall have a direct edestrian connection to any internal development circulation corridors, malls, lobbies or similar primary pedestrian distribution systems within a structure abutting the plaza. (g) No part of the plaza space may be used for :Parking, driveways or any other form of vehiclular circulation. (h) There shall be at least one shade tree or three palms for every 1000 square feet or fraction thereof, of plaza space provided. (i) There shall be a minimurn of one linear E 82-269 0 foot of seating for each 30 square feet of plaza area. Such seating shall be in the fora of benches, sitting walls with a minimum depth of 16 inches and a height no less than 16 inches or more than 36 inches above the adjacent walking surface, or moveable chairs with eac't,! counting as two lineal feet of seating. (j) Plazas shall be illuminated throughout with an overall minimum average level of illumination of not less than two horizontal foot candler (lumens per foot). (k) A plaza shall be treate3 as a street for purpose of the applicable sign regulations. (1) No two plazas as defined in this section shall generally be closer than three hundred (300) feet as measured along the path of travel of a pedestrian in a public right-of-way. (5) PEDESTRIAN CONNECTIONS Whenever a public street closure or right- of-way abandonment creates a block length in excess of five hundred (500) feet between parallel public streets, a through -block pedestrian walkway, the width of the block shall be provided. Said pedestrian walkway shall not be located closer than two hundred (200) feet to hither parallel public street, and shall be open and accessible to the general public during normal business i0 8 2 2 6 9, hours. The through -block pedestrian walkway shall have a minimum average width of fifteen ( 15 ) feet and a minimum height of ten (10 ) feet. ( 6 ) SIGNS AND LIGriTS (a) 24ot�aithstanding any other provisions of this Ordinance signs in the CBD-2 district shall be in accordance with Article XXIV, Section 4 of this Ordi- nance except as follows: 1. Flashing signs are permitted. 2. Projecting signs erected in the CBD-2 district may be one hundred and twenty square feet in area for Path face_ 3. Detached signs shall not be permitted except for advertising kiosks and perking and pedestrian directional signs with a width, length or diameter not exceeding five feet. Kiosk ad- vertising shall be limited to the announcement of events, exhibits, entertainment, or cultural attrac- tions and shall exclude advertise- ment of products or services. 4. Pennants, Banners and Streamers shall be permitted. 5. General Advertising signs shall be prohibited except for signs which exhibit continuously changing dis- plays of figures, words or graphics through the use of lights, projected images or luminous character genera- 11 82-269 tors. Such signs shall he limited to one per street frontage and an aggre- gate of four hundred (400 square feet) per development. (b) Every developiaent shall have one or more graphic forms utilizing variable signs, � lighting, banners, kinetic sculpture, fountains, or similar forris of animated, moving images visible during the day and night from, Biscayne Boulevard. (c) Sign approval - ,Any sign permitted by items (a)-1, 2, 3, 4, or 5 of this paragraph or by Article XXIV, Section 4, paragraphs (1) or (2) shall be required to have the approval of the Urban Development Review Board before a sign permit is issued by the Building Department. The purpose of sign review and approval is to assure that the sign is in accord with the purpose and intent of this district. (7) VEHICULAR ACCESS Along the Biscayne Boulevard frontage, no vehicular access ways shall be permitted to on -site narking, loading, service, or pass- senger drop-off areas. Along all other street frontages, such access drives shall be permitted only with the approval of the Public S7orks Department and t13e Urban Develop - sent Review Board, which shall ensure that the location of such vehicular access ways will minimize impacts on traffic and pedes- trian circulation. Wherever special curb- 12 82-269 1 4 C':f:VG•10^rear ..�_-.i!'; -.7 _ �`�t_ ::. ;� c'_ - _�E�. Cat7�rr?lvt?;r^�ii{_ E?L"�_l::t•' ^..ri .3--a 1. _ - .' --- .:... ... (a) NO dE:7clitl.0i. i17.1Ct1.. •• i C^_t;%i'_ 1'—.7 t i � c...:: Signi:.canc. 1C !.GGcil 'ice° "'1 C•'. i.; _ �llc'Cc�r'•', it c'��=--1�',7'^.'��:•, _ ._ ..., _ .... '.' 4�Ji�•r•,- nn I :... ?a %1 : ` Sri ? �_ �M {» �4_•.i^i ,�• C = 11C?('iL.'2� v.rC,;�•-_ -�•-err .^ C-- -�• _' -- � t -ic2 CC. .C: f he rdshin vTJuI6 rF+s-ult -,:hid : i.?'.!i �?^ �•r, Cis. i::' �^.,_ '2"�. _�. _ . � •,• -�n�. - by she City C: ��.L" a i0•_ r.: ie '1�. - /- a � � - : i.. shall record suc': ct u—a:. cn t ;= J-�=:.c� a• Z,ninci mars. (b) Surroun'.ir_a the sic-n-L-ficance-, and Board rev rc .mmnrl of this crufn-I--:c. ,.:. g2-Z69 i` preserve sight corridors to Biscayne Bay from upper portions of b�iildinSs located inland. 7. Add a new Section 10: Site and Development Plan Approval to read as follows: Section 10: Site and Development Plan Approval (1) Any development within this district shall be required to have the site and development plans approved by the ::roan Development Re- view Board before a building permit is issued by the Building Department. The purpose of development plan revie.ti and approval is to assure that development is in accord with the purpose and intent of this district and for the benefit of the general public. (2) It shall be the responsibility of the Urban Development Review Board to interpret design standards contained in this Article and to make recommendations to the Zoning Board concerning applications for variances and conditional uses. (3) Applications for development plan approval shall be submitted according to the provi- sions of ARTICLE IV Section 41, paragraphs (2) and (3), except that the Planning De- partment will transmit such application to the Urban Development Review Board for approval. Section 2. That all Ordinances, Code Sections or parts thereof in conflict herewith be and the sane are hereby repealed insofar as they are in conflict. Section 3. Should any part or provision of this Ordi- nance be declared by a court of competent jsrisdiction to be invalid the same shall not affect the vali:?ity of the Ordinance 14 82-�tiy t as a whole. PASSED ON FIRST READING I3Y TITLE ONLY this 15th day of DECEMBER , 1981. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1981. MAURICE A. FERRE MAYOR ATTESTS: RALPH G. ONGIE CITY CLERK P EPARED AND APPROVED BY: MARK A. VALENTINE ASSISTANT CITY ATTORNEY APVTROVF,D AS =-q-GRUL JAID CORRECTNESS: GEORG F. KNOX, JR.--' CIT` TTORNEY 15 82 269 1. .... or part thereof .... 2. .... after a hearingn such desi nation his been held by the appropriate Board Commission, after the owner of such structure or part thereof has received due notice of such hearing and an opportunity to present evidence thereat.... 3. as determined by the City of Miami Planning Department. 4. .... or parts thereof �5: .... or substantially impairs �! .... or value 7. Wherever reasonable r _ side drop-off lanes are requested by private development, minimum setbacks and sidewalk develop- ment standards shall be adjusted to compensate for the loss of sidewalk area. (8) HISTORIC PRESERVATION (a) No demolition permit shall be issued b the Building Department for any structure of major - * significance in local history or architectural history, as determined by the Dade County His- toric Survefunless the City Commission has first approved such demolition permit following a Public Hearing. The City Commission may it-'.ariv'time initiate 'and/or accelerate a Public Hearing on the approval of a demolition permit, provided that prior thereto the developer shall meet with and discuss the proposed demolition with all interested partie 'The purpose of such Public Hearing is to ensure that structures of major historic significance are preserved for the health, prosperity, education and welfare of the people of Miami unless an undue economic CD hardship would result which destroys -all reasor- able and beneficial use 46 of property,,** The Building, Department shall record such structures on the v ,-0 a, official zoning maps. ADSurround ing_development shall respect the scale and character of structures of major historic significance; and where necessary to achieve this objective, the Urban Development Review Board may recommend variances to any provisions of this ordinance. (9) SEE -THROUGH CORRIDORS Building towards in excess of one hundred (100) feet in elevation shall be located and oriented wherever site configuration will permit, to ** at the sole discretion of the Miami City Commission. 13 82-269