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Home My WebLink AboutO-09360ORDINANCE NO, 9 3 1 0 AN ORDINANCE AMENDING ORDINANCE NO, 6871, AS AMENDED; THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE XIV=1 SPECIAL COMMUNITY COMMERCIAL - C-2A DISTRICT BY: A, DELETING PARAGRAPH (j) , SUB -SECTION (57) SECTION 1 USE REGULATIONS AND RE -NUMBERING SUBSEQUENT PARAGRAPHS (k) AND (1) TO ( j ) AND (k) RESPECTIVELY, B. ADDING NEW PARAGRAPHS (f) AND (g) TO SUB- SECTION (1) SECTION 3, CONCERNING LIMITATIONS ON USES; C. BY AMENDING SUB -SECTION (3) SECTION 3 CONCERNING LIMITATIONS ON USES; D. BY DELETING PARAGRAPH (a) SUB"SECTION (1) SECTION 4 CONCERNING FRONTAGE ON PEDESTRIAN STREETS AND SUBSTITUTING IN LIEU THEREOF A NEW PARAGRAPH (a) E. BY AMENDING PARAGRAPH (c) SUB -SECTION (1) SECTION 4 CONCERNING OPEN SPACE ON PEDESTRIAN STREET; F. BY AMENDING PARAGRAPH (a) SUB -SECTION (1) SECTION 5 CONCERNING LOT AREA FOR RESIDENTIAL USES; G. BY AMENDING THE FIRST PARAGRAPH OF SECTION 9 CONCERNING FLOOR AREA PREMIUMS; H. BY DELETING SUB -SECTION (1) SECTION 9 CONCERNING FLOOR AREA PREMIUMS AND RE -NUMBERING SUBSEQUENT SUB -SECTIONS (2) (3) (4) AND (5) TO (1) (2) (3) AND (4) RESPECTIVELY; I. BY AMENDING SUB- SECTION (3) FORMERLY SUB -SECTION (4), SECTION 9 CONCERNING FLOOR AREA PREMIUMS; J. BY DELETING THE RE -NUMBERED SUB -SECTION (4) SECTION 9 CONCERNING FLOOR AREA PREMIUMS AND INSERTING IN LIEU THEREOF A NEW SUB -SECTION (4); K. BY ADDING A NEW SUB -SECTION (5), SECTION 9 CONCERNING FLOOR AREA PREMIUMS; L. BY DELETING PARAGRAPH (b) SUB -SECTION (1) SECTION 10 CONCERNING ON SITE PARKING AND INSERTING A NEW PARAGRAPH (b); M. BY AMENDING PARAGRAPH (d) SUB -SECTION (1) SECTION 10; WITH RESPECT TO REFERENCE NUMBER THEREIN; N. BY AMENDING PARAGRAPH (e) SUB -SECTION (1) SECTION 10 CONCERNING PARKING; AND BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE 0 WHEREAS, the Miami Planning Advisory Board, at its meeting of October 7, 1981, Item No. l(a), following an advertised hearing, adopted Resolution No. PAB 60-81 by a 5 to 0 vote (3 members 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 inhabitans to grant this change of zoning classification, as hereinafter set forth; NW, T14VPtFOM tt IT ORbAt= By TI4t COMMISSION OP TIED CITY OV MIAMI, VtORIDA: Section 1, Ordinance No. 6871, as amended, the Compre- t hensve Zoning Ordinance for the City of Miami, be and the same is hereby amended to read as follows:, 1. Delete paragraph (j), Stab -section (57) Section 1 � Use Regulations and re -number subsequent paragraphs (k) and (1) to ( j ) and (k) respectively. 2. Add new paragraphs (f) and (g) to Sub -section (1) Section 3 Limitations on Uses to read as follows: (f) Sale of vegetables, produce, citrus or other unpackaged food stuffs. (Q) Sale of prepared foods by vendors with an approved peddlers license from the City of Miami. 3. Amend Sub -section (3) Section 3 Limitations on Uses to read as follows: (3) No second hand or used merchandise shall be offered for sale, displayed or stored, except in antique shops, jewelry stores, art galleries, used books or sales by charitable organizations as specifically listed in Section 2 of this Article, or except for the incidental sale or purchase of used merchandise similar in nature - to new principal merchandise sales. 4. belete paragraph (a) , Sub -section (1) Section 4 Pedestrian Street and substituting in lieu thereof a tow paragraph (a) to read as follows: (a) At least 65% of such frontage shall be allocated for ground level occupancy by uses listed in Section (2) of this district, excluding residential uses, business or professional offices, real estate offices, medical or dental, laboratory or office and clinics, banks and finance offices and ticket agencies. The remainder of such frontages may be devoted to all uses listed in Section (2), to building entrances, lobbies, through block connections or other pedestrian spaces, or to escalators or stairs providing public access to other levels, or to access drives to parking facilities If two or more sides'of any property are designated as a "pedestrian street", such as a corner lot, the provisions of this section shall apply to all such sides of the property. 5. Amend paragraph (c) Sub -section (1) Section 4 Pedestrian Street to read as follows: (c) Notwithstanding other provisions of this Ordinance, on designated pedestrian streets, 100% of the required open space for residential uses as specified by Section 2- (l) of this -3- ---------r.----..-.- - ------_-..---e--- -----_ --.._- .-----_.--.---_.- .. 1J Words stricken through shall be deleted, underscored words E constitute the amendment proposed. Remaining provisions are T now In effect and remain unchanged. Asterisks indicate omitted and unchanged material, ;s 936 x district may be provided at ground level or as upper level deck, roof, or t rrace space, excett in no case shall more than 20V 80% of the required open space be provided at a level above twenty --five (25) feet in height. 6. Amend paragraph (a) Sub -section (1) Section 5 Area to read as follows: (a) The lot area for residential use or uses which have more than 75% of the total floor area devoted to residential uses shall be at least six-tketisand-(6; 999} five thousand (5,000) square feet with a minimum average width of 69-50 feet. 7. Amend the first tow lines of the first paragraph of Section 9 Floor Area Premiums to read as follows: The floor area ratio may be increased in accordance with the following provisions; -but -ire xe-ease-emeept-as-previded-ix-sub-seetieR-(S)-ef this-seetiex--shall-the-etamttlative-fleer-area-ratio. emeeed-17757 8. Delete Sub -section (1) Section 9 Floor Area Premiums and renumber subsequent sub -sections (2) (3) (4) and (5) to (1) (2) (3) and (4) respectively. 9. Amend Sub -section (3) formerly sub -section (4), Section 9 Floor Area Premiums to read as follows: (3) (4) The floor area ratio may be increased by .02; for each 10% of required on -site parking located in an underground or enclosed parking structure. For remote sites, as defined in Section 10-(1) (a) of this district, with. -4- - l/ Words stricken through shall be deleted. Underscored words constitute the amendment proposed.. Remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material., 9360 N* structuted,parking held in common ownership_,. with a principal site, any unused floor area development .,rights that ,accrue to the remote site may be transferred to the principal site. The remote site and principal site shall remain in common ownership,so long as the transferred. development exists. A recordable instrument evidencing the transfer of development rights between and common ownership of the two sites shall be filed as a matter of record in the Building Department of the City of Miami and the Circuit Court of Dade County. Delete the renumbered sub -section (4) Section 9 Floor Area Premiums and insert in lieu thereof a new sub -section (4) to read as follows: (4) The floor area ratio for any development containinga.community theatre or theatres for the performing arts may be increased by four (4) square feet for every one (1) square foot of gross theatre space provided A community theatre shall be: defined as an enclosed space, suitable for a variety of cultural arts performances, permanently available, and managed and promoted on a non- profit basis. Principal use of the space shall -5- l/ Words stricken through shall be deleted, underscored words constitute the amendment proposed, Remaining provisions are now in effect and remain unchanged, Asterisks indicate omitted and unchanged material. be for public .,petfo itlg_atts__ ptes,entatioft!§j, although incidental use for private meetit94,L_ exhibits or presentations shall be permitted. 11, Add a new sub -section (5); Section 9 Floor Area Premiums to read as follows: be increased by 25 (5) The floor area ratio may for that portion of a property designated historic by the,City-of Miami Commission when the historic structure on that site is preserved in place or moved to an approved site within or adjacent to the C-2A district. The historic structure shall be preserved, reha-_ bilitated or restored according to the Secretary of the Interior's Standards for Historic Preservation Projects. The floor area in said historic structure shall not count in permittedfloorarea as per Section 8 of this district. Floor area development rights for any designated historic property may be transferred to another property within the C-2A District provided that a record- able instrument evidencing the transfer of development rights shall be filed as -a matter of record in the Building Department of the City of Miami and the Circuit Court of Dade County, Florida. The floor area bonus described above may be transferred as a part of the development rights of designated historic property. No demolition permit shall 16- ---------- -------- ---------- ------ -------------- I/ Words stricken through shall be deleted, Underscored word's constitute the amendment proposed, Remaining provisions are now in effect and remain unchanged, Asterisks indicate. omitted and unchanged material, be issued for said historic .structure so _long, as _,any development constructed through the bonus provision of transferred developtnent rights is in existence , 12. Delete paragraph (b) Sub -section (1) Section 10 Parking and insert a new paragraph (b) to read as follows: (b) All of the required on -site parking for residential uses must be provided on the premises they are intended to serve. Not- withstanding the provisions of ARTICLE XXIII, Section 4, paragraph (2)(a), there shall be a minimum of one parking space per dwelling unit. 13. Amend a reference number in paragraph (d) sub- section (1) Section 10 Parking to read as follows: (d) For developments including a performing arts facility, as described in Section 9, Sub- section (S) (4) of this Article, parking pro- vided .for uses other than the performing arts facility, may be counted toward meeting the parking requirements of the performing arts facility as specified in ARTICLE XXIII, Section 4 of this Ordinance. 14. Amend paragraph (e) Sub -section (1) Section 10 Parking to read as follows: (e) Ground level or upper level exterior walkways, landscaped areas, plazas, terraces, courtyards, or decks shall be exempt from parking require - merits except when such spaces are used in accordance with Section 3, paragraph (1) of this district. I-a-wkigh-case$O�..a:E�the-. Space-��-�sed,>shall..r��u�.re-p�rki�g.,aS-�xcuid�d 7 _ / Words stricken through shall be deleted. Underseorc.d words constitute the amendment proposed. Remaining provisions are now in effect and rema .n unchanged-, Asterisks n ica e omittad and unchanged mater; , 6 rfteil t S t Section 2, That all Ordinances, Code Sections or parts thereof in conflict herewith be and the same are hereby repealed insofar as they are in conflict. Section 3. Should any part or provision of this Ordinance be declared by a court of competent jurisdiction to be invalid the same shall not affect the validity of the Ordinance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 19th day of NOVEMBER 1981. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 15TH day Of DECEMBER 1981. Maurice A. Ferre MAURICE A. FERRE, MAYOR ATTEST: LPH G, ONGIE CITY CLERK PR17PARED AND APPROVED BY: Kwwn i yr� ?k1.W RK A. VALE14TINE SISTANT CITY ATTORNEY APP S TO FORM GEORGE(J. KNOX, TR. CITY ATTORNEY CO in SS; MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Dianna Stuver, who on oath says that she Is the Assistant to the Publisher of the Miami Review and Daily Record, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice In the matter of City of Miami Re: ORDINANCE NO. 9360 X X X in the .............._................... ...... Court, was published in said newspaper In the Issues of .D-ec..... 21., ...19 8 j• ... • ..................... . Afflant further says that the said Miami Review and Daily Record is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published In said Dade County, Florida, each day lexcept Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of aavertisement: and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebatecommission or refund for the purpose of securing this aavertisemeent for publication in the said newspaper. Sworn to an&sObscribed before me this A.D. m ...8.1 / Betiy J. Brooks V Nd�ary Publie, Slate or Florida at Large (SEAL) My Commission expires June'1, 1983:' y. MR 116 bAD9 COUNTY, PLlb1111110A U6AL N6titt All Interested will take notice that on the 15th day of Dectmbu'r, 1081, the City Commission of Miami, Florida' adopted the following titled ordinances: ORDINANCE N0.9359 AN ORDINANCE AMENDING ORDINANCE NO. Wi, THE' COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY MODIFYING SUBSECTION (3) OF SECTION ,7, ARTICLE XYI.3,, SPD-1 CE-NTRAL ISLAND' DISTRICT . PERTAINING TO GROUND LEVEL PEDESTRIAN OPEN SPACE AND BY MAKING THE NECESSARY CHANGES IN THE ZONING'. , DISTRICT MAP MADE A PART OF SAID ORDINANCE NO, 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE 111, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE, ORDINANCE NO.9360 AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED,' THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE XIV-1, SPECIAL COMMUNITY COMMERCIAL C-2A DISTRICT -,BY: A. DELETING PARAGRAPH Q), SUB -SECTION (57) SECTION' 1 " USE REGULATIONS AND RE -NUMBERING SUBSEQUENT PARAGRAPHS (k) AND (1) TO,O) AND (k), RESPECTIVELY; B. ADDING NEW PARAGRAPHS (f) AND (g) TO SUB -SECTION (1) SECTION 3, CONCERNING LIMITATIONS ON USES: C. BY AMENDING SUB -SECTION (3) SECTION ,31 CONCERNING' LIMITATIONS ON USES; D. BY DELETING PARAGRAPH (a) SUB -SECTION (1) SECTION 4 CONCERNING FRONTAGE ON PEDESTRIAN STREETS AND SUBSTITUTING IN LIEU THEREOF A NEW PARAGRAPH (a); E: BY AMENDING PARAGRAPH (c)• " SUB -SECTION (1) SECTION 4 CONCERNING OPEN. SPACE" ON PEDESTRIAN STREET; F, BY AMENDING PARAGRAPH (a) SUB -SECTION (1) SECTION 5 CONCERNING LOT AREA FOR RESIDENTIAL USES;; G. BY AMENDING THE FIRST PARAGRAPH OF SECTION'9 CONCERNING FLOOR AREA PREMIUMS; H," BY DELETING SUB -SECTION (1) SECTION, 9 CONCERNING FLOOR AREA', PREMIUMS AND RE -NUMBERING SUBSEQUENT SUBSECTIONS (2) (3) (4) AND` (5) TO'(1) (2) (3) AND (4). RESPECTIVELY' L 'BY AMENDING SUB -SECTION (3) FORMERLY SUB -SECTION (4); SECTION 9, CONCERNING FLOOR AREA PREMIUMS; J. BY.DELETING THE RE -NUMBERED SUB-SECTION'('4). SECTION 9 CONCERNING FLOOR'AREA' PREMIUMS AND INSERTING:'.; IN LIEU THEREOF A NEW SUB -SECTION (4); K.'BY ADDING' A NEW SUB -SECTION (5), SECTION 9 CONCERNING FLOOR .. AREA PREMIUMS; L. BY DELETiNG'PARAGRAPH (b)SUB- SECTION (1) SECTION 10 CONCERNING ON SITE PARKING- AND INSERTING A NEW PARAGRAPH(b); M. BY =AMENDING .' - PARAGRAPH (d) SUBSECTION (1) SECTION10; WITH RESPECT TO: REFERENCE NUMBER THEREIN;`N. BY AMENDING; °z PARAGRAPH (e) SUBSECTION (1) SECTION 10 CONCERNING PARKING; AND BY REPEALING ALL ORDINANCES, CODE'.'`,.' SECTIONS OR PARTS THEREOF IN CONFLICT.AND.. CONTAINING A SEVERABILITY CLAUSE' ' ORDINANCE NO. 9361; AN ORDINANCE AMENDING ORDINANCE NO:. 6871 A$' "„ ' AMENDED,,THE, COMPREHENSIVE :ZONING..ORDINANCE':.,` FOR THE CITY OF MIAMI BY. AMENDING. ARTICLE XXIV; SIGNS, PARAGRAPH (a) •SUB -SECTION .(2) SECTJQN'6:=";,' CONCERNING SIGNS iN THE C-2A DI$TRICT; BY REPEALING`" ALL ORDINANCES; CODE SECTION$ OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY,C(,AUSE. RALPH G: ONGIE CITY CLERK. '► CITY OF MIAMI, F'I:ORip':; d P i Publication of this Noticeon tti6 of'0ea0mper 1961:;y` t2t21 1 f� PLANNING FACT MET APPLICANT City of Miami Planning bepartrnent : September 17, 1981 PETITION 1, Consideration of recommending amendments to Comprehensive Zoning Ordinace 6871, ARTICLE XIV"l SPECIAL., CORMtNITY CCMMR- CIAI,"C-2A DISTRICT V t Amending Section 2. USE AtGULATI ONS , eliminating paragraph (j) , providing conditional use office uses on 100% of local street front age ; Amending Section 3 LIMITATION ON USES; proposed permission to sell vegetables, produce, 'etc, such as at a farmers market; also permission for food vendors to sell within public streets with an approved peddlers license; also per- mission for second hand merchandise to be sold incidental to new merchandise sales. Amending Section 4. PEDESTRIAN STREET; paragraph 1(a) requiring "retail uses to occupy 65 0 of ground floor building frontage and including both sides of corner lots rather than just the front. also - Amending paragraph (1)(c) to change ground level open space for residential from 800 to 20 0 of total required. Amending Section 5. AREA to permit residen- tial development on lots of 5000 square feet and fifty foot frontage. - Amending Section 9. FLOOR AREA PREMIUMS re- moving the limit of 1.75 for accumulated ' bonuses; and removing paragraph (1) to eliminate the bonus for hotel and residen- tial use to avoid a double bonus with Section 8; and amending paragraph. (4) to allow for FAR credit not used 11in remote parking garages; and amending paragraph theatres from a formula based bft seat hg capacity to one based on gross square feet of theatre space; and adding a new paragraph providing for a .25 VAR bonus for the preservation of designated his- toric structures Amending Section 10, PARXING, paragraph (1) (b) to require one parking space per residential unit; and amending paragraph (1)(e) to remove parking requirements from outdoor cafes and outdoor art sales, etc, AND Amending ARTICLE XXIV SIGNS, Section 6 SIGNS in the C-2A District by: Amending Sub -Section (2) , paragraph (a) = to permit detached signs for existing buildings further than 20 feet from the street right-of-way. To amend C-2A Special Community Commercial REQUEST To make amendments to the C-2A ordinance that will update provisions of the district, correct conflicting aspects and add new provisions .deemed necessary due to changing conditions in Coconut Grove. ' BACKGROUND In 1975.the City,,in response to policies set forth in the Coconut Grove Master Plan adopted: -in 1974, created a new zoning district termed, C-2A that pioneered new concepts for guiding the development of Coconut Grove's retail areas. Pedestrian shopping streets, mandatory retail,' residential bonuses and design guidelines plus many significant variations in setback, open' space and outdoor use requirements established a major departure from traditional zoning reg- ulations. Many of these provisions have proven effective and beneficial, others have been benigi or ineffective and some overly technical, con- fusing or inappropriate. Experience in dealing WS 6 0 ' with the district on a daily basis over five years has shown up it's strong and weak points, ANALYSIS The following changes, addit'ong to and deletions from the text of the C-2A ordi- ji"ce are recommended to correct these deficiencies. The language of the existing ordinance is listed with those provisions to be eliminated stvuek-exit. The recommended changes are listed with the changes appearing as underlined words. An analysis of -the reasons for the change is described following the recommended language. RECON,!�IENDATIOI*q PLANNING DEPARTMENT Approval PLANNING ADVISORY RECOMMENDED APPROVAL on 10/7/81 by a 5 to 0 vote, BOARD (3 members absent) CITY COMMISSION 11-19-81 APPROVED (a) & (b) on FIRST READINNG, 9 3 6 0 PA B CwaA Q-Y. a T. 7r �. I x3 tz rl. yr is _LOFa . 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This entire provision has been eliminated Trott► the _ conditional rise section, Section 41 paragraph (1) (a) has been made more restrictive thus eliminating the need to provide conditional use review of non• -retail uses at gtbUnd level, _ Section S. LIMITATIONS Ov USES (proposed) (f) Sale of vegetables, produce, ,citrttsor. other unpackaged food stuffs. ANALYSES; The present outdoor farmers market could be technically considered in violation of - Section S, thus the necessity to specify produce sales in this Section, (proposed) (g) Sale of prepared foods by vendors with an approved peddlers license from the City of iliami, ANALYSIS: As in (f) above, outdoor vending of food is prohibited without this provision. (proposed) (3) No second hand or used merchandise shall be offered for sale, displayed or stored, except in antique shops, jewelry stores, art galleries, used books or sales by charitable organizations as specifically listed in Section Z of this Article, or incidental sale, of used merchandise similar in nature to new principal merchandise sales. ANALYSIS: Jewelry stores sell used diamonds, watches, coins, boullion, etc. and should be included. r Section 4, PEt ESTRIAN STE T (ex8t I ng) At least 65% of such frontage shall be allocated for ground level occu- pancy by uses listed in Section (2) of this district excluding residen- tial uses. iness• ,� +ar--pre�ees�et�a��-�ffiees=�itk}n�et�e -_ 65��eetrieted=�rentageYr�a1-bey=�er� 1Attedi-enll -as-eendit•ien-a uses. The remainder of such frontages may be devoted to l�tsii`ie95-ei-gxefeeslena3- of fees-er=Yesldentia =uses, to build- � ing entrances, lobbies,...,or to access _ drives to parking facilities. if two - or more sides of any property are des- ignated as a "pedestrian street," such - - as a corner lot, the provisions of this paragraph shall apply en-1 -to-tkat�-side whiek-nay-he-teryRed-the-€ren'=. (proposed) (1) ( a) At least 65 o of such frontage shall be allocated for ground level occupancy by _ uses listed in Section (2) of this dis- trict, excluding residential uses, busi- ness or professional offices, real estate offices, medical or dental laboratory or office and clinics, banks and finance offices and ticket agencies. The remain- der of such frontages may be devoted to all uses listed in Section (2), to bu ld- ing entrances,...' .,or to access drives to -- parking facilities. If two or more sides of any property are designated as a "ped- estrian street," such as a corner lot, the provisions of this section shall apply to all such sides of the property. ANALYSIS: The existing language could permit through conditional use review, 1000 of a street level block frontage to be occupied by lawyers, offices, banks, airline ticket offices, etc. Current economic costs of floor space favor these high rent type of uses which tend to crowd out smaller retail shops in popular. high ` quality retail areas. To prevent this, the proposed language per- mits no more than one-third of any block to be used for ton -retail shopping activities. The existing ordinance allows the sides of corner properties (often the longest dimension of a site) to be exempt from retail and ped- estrian design requirements. This would allow Mavfair III or other large'projects to ignore shopping street design and use requirements on 50% to 750 of their frontage. The revised language would main- tain pedestrian design requirements on all relevant frontages. (e�istinq) (1) (c) N o ttx "th8tandinq other provisionthis of thiI ordinance, oft designated pedestrian 8tte6t8k 100% of the required open space for resi- dential uses as specified by Section 2-(l) of this district may be provided at ground level or as upper level deck, roof,' or ter- race space, except in no case shAli more than 29% of the required open space be pro- vided at a level above twenty-five (25) feet in height, (proposed) (1)(c) change 20% to 80% ANALYSIS, Residential units over retail shops remains a sig- nificant objective in the C-2A area. Experience has Shown that it is unreasonable to expect residential open space to be provided at or near valuable ground level. Instead, it is the roof top where most will be accommodated and this proposed change provides for that, -5- Section 5. ARSA (e:�isting) (1) (a) The lot area for residential use or uses which have more than 75% of the total floor area devoted to residential uses shall be at Least s m-)ahetieenel CC 9A9 square feet with a minimum average width of 69 feet. (proposed) (1) (a) Change 6,000 to 51000 and 60 to 50. ANALYSIS: Several smaller lots of 50 feet in width and less than 6,000 square feet in size exist throughout the Tillage Center. Small lot redevelopment should not be discouraged but rather encouraged to maintain the small scale and diverse street frontage that characterize the Grove. This change allows for this. -6- Section 9. FLOOR AV8A FR. AIUMS (existing) The floor area ratio may be increased 'in accordance with the following provisions ,btit�it�neeasee:+eep -pre4i4eel- 4: h-stib-ee et I. en- 45 �- ef-thie- seetien- -8 hag-! k*e �-f -I eet- t�!L-e a -eat --L e-e - e6- e d- it ; 5. ANALYSIS! The limit of 1.75 PAR is removed thereby making it possible to take advantage of all bonus incentives in the pre- rftium section, The existing language has the affect of denying a developer any incentive to use half the premiums available. Because most build the open space and underground parking which net a bonus of 8 in addition to the base VAR of 1.0, there is no need or even ability to use the residential mixed use bonus, the split level retail bonus or new incentives for historic preservation. Removing the 1.75 limit will have the..effect of allowing a full use of premiums which, practically speaking, would total 2i0 PAR for most properties if residential is not included and 2.2 to 2,4 if residential mixed -use is provided. The 2.0 FAR is identical to C-2 districts throughout the City and t,7hich the downtown Grove used to be zoned. The higher PAR for nixed use is acceptable since residential traffic and parking needs generally occur at different times than for retail. (existing) (1) tteel-tE leer- are a -,may -be- inere es eel -aee-a ANALYSIS: This bon us for residential deve.lopment has been elim- inated. The base FAR provisions (Section 8) already provide a bonus of .40 for residential use and this second bonus is redun- dant. Moreover, if the 1.75 FAR limit..is,-removed, this bonus pro- vision could easily generate a bonus of 1.00 and cumulative FAR's of over 3.0 in the C-2A; clearly too much intensity. (existing) (3) The floor area ratio may be increased by A2 for each 10% of required on -site parking located in an underground or enclosed park- ing structure. (proposed) (3) The floor area ratio may be increased by .02 for each 10% of required on-siteparking located in an underground or enclosed parking structure. For remote sites, as defined in Section 10-(l(a) of this district, with structured parking held in common ownership with a principal site, any unused floor area - development rights that accrue to the remote site may be transferred to the principal site. -7- ��041 The remote site and principal site shall remain its common ownership_ so long as _the MF transferred development exists, A recordable instrument evidencing the,trahs- fet of development right's between and common ownership ofthe two sites shall be filed as a matter of record in the gullEllnq Department Of the city of Miami and the Circuit Court of Dade County. ANALYSIS; Parking is needed and structured parking is the best way to build it. For remote sites, however, the developer loses rentable floor space that provides at economic return becaus'e the 50 height limit prevents full use of the FAR once a garage fills up all or part of the building site volume. The added language simply provides the same development rights to a developer that builds structured parking across the street from the principal project as one who builds a garage on the same site at the project. With property becoming harder to assemble in the Village Center, it is more likely that this provision will be critical to achiev- ing needed parking. (proposed) (4) The floor area ratio for any development con- taining a community theatre or theatres for the performing arts may be increased by four (4) square feet for every one (1) square foot of gross theatre space provided. A community theatre shall be defined as an enclosed space, suitable for a variety of cultural arts per- formances, permanently available, and managed and promoted on a non-profit basis. Principal use of the space shall be for public performing arts presentations, although incidental use for private meetings, exhibits, or presentations shall be permitted. ANALYSIS: This provision replaces entirely the existing theatre bonus prcvisions which provide FAR premiums related to the size of the property; e.g. a 250-seat theatre would yield a bonus FAR of .15 times the lot size. For large projects (which are the only ones likely to incorporate a theatre) the -bonus could become ex- cessive. The proposed language above relates the bonus to the size of the theatre, a more equitable basis. The four to one bonus is based on similar incentives offered in other communities in districts of comparable intensity. Language has been added to insure that the theatre is non-profit and therefore community based and accessi`)le to a wide range of local performance artists. .9360 C (proposed) (S) the flour area' ratio,tnay be increased by, 12S T) for that portion of a, prpt�eftt,, designated — historic by, the City of Miami Commission When the historic structure on that site is preserved IF pTaCe or moved to an approved site within or adjacent to the C-2A district, The Fiistotic structure shall be-, preserved',' rehabilitated or restored according to the Secre.tary of the Interior's *Standards -for ' Historic Preservation Projects. The floor area in said historic structure shall not count in permitted floor area as per Section 8 of this district. Floor area development rights for any designated historic property may be trans- ferred to another property within the C-2A Dis- trict provided that a recordable instrument evi- dencinq the transfer of development rights shall be filed as a matter of record in the Building Denartment of the Citv of Miami and the Circuit Court of Dade County, Florida. The floor area bonus described above may be transferred as a part of the development rights of designated historic property. No demolition permit shall be issued for said historic structure so long as any development con- structed through the bonus provision or trans- ferred development rights is in existence. ANALYSIS: At no time in the history of the Village Center has there been a greater threat to the existence-of"historic structures than at present. Several unique historic buildings could be lost with- out positive incentives to save them and the special character they impart to the Grove. This provision offers meaningful benefits and guarantees toward this objective. 9 3 6011 Section 10, PARXI (existing) (1) (b) All of the required on=site parking for residential uses most be provided on premises they are intended to serve. Notwithstanding the provisions of AATlC ,P, XtI I I , Section 41 paragraph (2) (a) req+air°ed�emet��:t��f�et��eiteLpa�}��xg� fed reside:tie?-�t�ses-heed�netso;.teee��epeLspaee per-�xeiz�ng-u:��t-#s��be.�tete�-e�e�nt�e£ erg=a�te==.parking=p�evide� ��ie�t�eli*�y--pa�k�ng €er-nen- residential -uses ; Le-Pde?e- _Lc-6 :eeeds tpe-peel-a�:east-tfreP-si�e�Na�!�i�:yy�exu resideptia�-t�=es- (proposed) (1) (b) All of the required on -site parking for residential uses must be provided on the premises they are intended to serve. Notwithstanding the provisions of ARTICLE XXIII, Section 4, paragraph (2) (a) , there shall be a minimum of one parking space per dwelling unit. ANALYSIS i The existing language has proven to be overly complex and unnecessary. Virtually all new developments will have retail parking, which will more than cover the overlap in parking needs. one space per dwelling unit is adequate with the retail parking servicing the residential in off business hours. (existing) (1) (e) Ground level or upper level exterior walkways, landscaped areas, plazas, terraces, courtyards or decks shall be exempt from parking require- ments em eept when such spaces are used in accordance with Section 3, paragraph (l) of this district, �H-whieh- ease-8O'n €-the-spaee se-geed-shad'1•-�ee�t�ire-ps�}�ing-ag-p�evided-ley , ARTiGLb-.. 11I-e€-this-eedinanee : --I€-the-eat- ANALYSIS: The complex formulas fc.- parking requirements have been eliminated. No parking would be required for outdoor uses. In practice, the existing language allows 60% of all: open space to be used without required parking, and since Section 4(1)(b) limits outdoor spaces to 67% of the area for retail activities, only 7% of the total space needed parking. No instance of this has occured thus prompting the simplification of the ordinance. -10- A. 9360 �4 Section 6, 816N8 IN TIDE C"2A OI8TRICT (joropcsed) (2) (a) Vor signs erected with their highest portions below a height of fifteen (15) feet above curb level, maximum sign allotment shall be one sign for each business and not to exceed twenty (20) square feet of surface area. Vat bu8i_ ne8se8 whose exterior building.,tace'is in excess of twenty (20) feet from any public street L right:-of,%�ayt a second detached on=gitii H511 not eXceedinq ten (10) square feet of surface area for each business shall be permitted. ANALYSIS: The additional language permitting detached sighs is necessary since several existing retail structures have been pre- vented from erecting needed signs near the street. These build- ings were constructed years before the t-2A ordinance was adopted and thus merit this exception.