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HomeMy WebLinkAboutO-09133ORDINANCE NO. 9 1 3 3 AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY INSERTING A NEW ARTICLE XXI-5, SPD-3 BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT BY MAKING THE NECESSARY CHANGES IN THE ZOINING DISTRICT MAP MA.D£. A PART OF SAID ORDI14ATICE 110. 6871 BY REFEF-ENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THERE'OF; BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT; AND COidTAI►1I:1G A SEVERABILITY CLAUSE . WHEREAS, the Miami Planning Advisory Board, at its meeting of May 7, 1980, Item No. 3(a), following an advertised hearing, adopted Resolution No. PAB 15-80 by a 7 to 0 vote RECOM..NDING 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 change of zoning classification, as hereinafter set forth; T1014, THEREFORE, BE IT RESOLVED BY THE, COM14ISSION OF TFE, CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 6871, as amended, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is hereby amended by inserting a new ARTICLE XXI-5, SPD-3 BISCAYIE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT , providing an intent statement, use regulations, and special transfer of development rights, which is superimposed over, and modifies the uses of the underlying zoning districts, all as per the following: SPD-3-BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT. Section 2. INTE14T (1) Biscayne Boulevard North has traditionally been known as the "Gateway to Miami". It is, therefore, in the public interest that future development and redevelopment upgrade and, thereby, improve the visual impression of this arterial landmark. The intent of these regulations is to encourage quality office, residential and retail development in a linear setting. This district, superimposed over the existing zoning district, modifies use regulations and explicitly states the manner in in which development rights may be trans- ferred from transitional use lots to SPD 3 lots with respect to floor area. (2) All other zoning regulations and procedures not affected by these regulations shall be in full force and effect. Section 3. USE REGULATIONS (1) Permitted Generally (a) As in R-C, except for helistops, subject to Use, minimum Floor Area, Yard, Height, Lot Coverage, Area and Usable Open Space regulation specified in said district, except in instances where Transfer of Development Rights are undertaken (see Section 3 (3) and (4) of this Article). (b) Where the underlying, district is C-1: As in C-1, except as provided below: 1. Substance Abuse Facilities 2. Sanitarium 3. Nursing Horses 4. Convalescent Homes 5. Rooming Houses 6. Adult Congregate Living; Facilities 7. Retirement Hones (c) Where the underlying district is C-2: As in C-2, except as provided below and in addition to the exceptions cited in Section (1) (a) of this article. 1. Massage Parlors 2. Turkish Baths 3. Pool and Billiard Rooms 4. Second Hand Stores 5. Bars, Salons and Taverns 6. Commercial Recreational Establishments (d) Generally permitted and conditional uses cited in Section 2 (a) and (b) of this article are subject to Use, Minimum Floor Area, Yard, Height, Area, Lot Coverage and Usable Open Space regulations specified in said respective districts, except in instances where transfer of Development Rights are undertaken (see Section 3(2) of this article). (e) Apartment buildings and apartment hotels not exceeding a density of one (1) dwelling unit for each 690 square feet of total area, including (when appropriate) Transitional Use Lots. Section 4. SPECIAL TRANSFER OF DEVELOPMENT RIGHTS (1) For building sites which have a ninimum of 120 feet of street frontage along Biscayne Boulevard and a minimum of 15,000 square feet of SPD-3 Lot Area and which have adjacent transitional use lots in an "R" District, development rights for the floor area may be transferred from -2- 91 3 3 these "R" District lots to the assembled SPD-3 lots (principal site). The floor area ratio for the total site, includingg the transitional use lots shall not exceed 1.80. Transfer of development rights may occur only after transitional use lots have been cleared of existing structural uses. (a) R-3 or R-4 transitional use lots, not exceeding 15,000 square feet of total net area, may transfer their floor area development rights (equivalent to an FAR of 1.5 - times the net square footage of said lot) to the principal site. Transitional lots may be utilized for off-street parking with access only from the principal site. (b) R-2 transitional use lots, not exceeding 15,000 square feet of total net area, may transfer their floor area development rights (equivalent to an FAR of .6) plus an FAR Bonus of .9 for site assembly equaling an FAR 1.5, times the net square footage of said lot of the principal site. Transitional lots may be utilized for off-street parking with access only from the principal site. (c) Transfer of development rights from R-1 transitional use lots to an SPD-3 site is prohibited. (2) Where transfer of said development rights occurs for uses generally permitted and/or approved as Conditional Use in Section 2)(a) and (b) of this article, the Use, Area, Yard, Height, Lot Coverage, Minimum Floor Area and Usable Open Space requirements specified in their respective districts may be calculated based upon the total site, including the transitional use lots. however, development may occur only on the SPD-3 portion of the total site. (3) Where transfer of said development rights occurs for uses in an R-C district the Use, Yard, Height, Lot Coverage, Minimum Floor Area and Usable Open Space requirements specified in said district may be calculated based upon the total site, including the transitional use lots. However, development may occur only on the SPD-3 portion of the total site. (4) Where transfer of development rights occurs minimum lot area requirements for residential uses are as follows: No. of Units Minimum Lot Are Required Ste. Ft. 1-12 6000 + 1500 for each additional unit over four. 12 or more 18,000 + 460 for each additional unit over twelve to a maximum of 65 units ner acre. -3- 9►133 Computations are to be based on the area of the total site, including transitional use lots. (5) A legal document binding the transitional use lot to the principal site must be approved by the City Attorney and recorded. Section 5. DEVELOPMENT PLAN APPROVAL (1) The purpose of the Development Plan Review is to ascertain that development, redevelopi:ent or additions to existing sites or structures is in accord with the intent of the District and for the benefit of the general public, in accordance with the provisions of Article IV Section 41. (2) Where transfer of development rights occurs (Section 3 of this article). A development plan shall be submitted to the Urban Development Review Board for their approval. (3) In recommending upon or approving development plans, the Urban Development Review Board shall consider the location size, height, spacing, and extent of use of any building or structure, and their appurtenances, access and circulation for vehicles and pedestrians, streets, parking areas, yards and open spaces, and the relationship to adjacent property. The Board shall not approve such development plan unless it finds that such plan conforms to all applicable provisions of this Ordinance, that the safety and convenience of the public are properly provided for and that adequate protection and separation are provided for contiguous and nearby residential property. Section 6. That all laws or parts of laws in conflict herewith be and the same are hereby repealed insofar as they are in conflict. Section 7. 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 26 day of June , 1980. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 24th day of July , 1980. Mari r•P A _ FPrrp MAURICE A. FERRE, M A Y 0 R (Z�7EST: RAL G. ONGIE ITY CLERK PREPARED AND A PROVED BY: APP V� AS TO FORM CORRECTNESS: MA A . ALE TINE GEORC F . KNOK , J . AS ISTANT CITY ATTORNEY CITY I&TORNEY -4- 0 9133 15,000 SO. FT. TRANSITIONAL USE LOT SIZE K 1.5 FAR TRANSFEF,,,..� SPD-3 x 2.0 FAR 22,500 S0. FT. EQUALS T SIZE 22,500 SO. FT, 45,000 SO. FT 22,500 SO. FT ' GROSS IMPROVEMENTS )00 SO. FT. )SS 'ROVEMENTS 67,500 SO. FT. GROSS IMPROVEMENTS 5PD-3 ILL_USTR�TION UF= SP4CtMA-0L TR�NS��R C�7F� U�t/�LCbPM�IUT RIGHT -35- May 7, 1980 Item 3 PAB 9133 (MIAMI REVIEW A1IDDAILY WORD Published Daily except Saturday, Sunday and/g'4y Legal Holidays Miami Dade County. Florida STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally ap- peared Becky Caskey, who on oath says that she is the Assistant Director of Legal Advertising 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 or Notice in the matter of CITY OF MIAMI Re: Ordinance 9133 X X X in the Court, was published in said newspaper in the issues of July 30, 1980 Altiant further says that the said Miami Review and Daily Record is a newspaper publisna-d at Miami, in said Dade County, Florida, and that the seid newspaper has heretofore been continuously published in said Dade County, Florida. each day (except Saturday, Sun- day 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 advertisement; and affiant further says that she has - neither paid nor promise: any person, firm or corpora- tion any discount, rebat ommission or refund for the Purpose of securi Etpf�r ement for publication in the ne , wor o_and subsc 'bed fore is 11 39/tk wu �u A,D 19 80 'Pd611N5 of FloricIS at Large SEAL) Ay Commission expires June 16. 1982. - IR•67-I `r CITY OF MIAMI, DADE cou"TY, FLORIDA LEGAL NOTICE All interested will take notice that on the 24th day Of July 1990, the City Commission of Miami, Florida passed and adopted the following titled ordinance: AN ORDINANCE AMENDING ORDINANCE NO. 6171; AS AMENDED, THE COMPREHENSIVE ZONINGORtfiNANCE FOR THE CITY OF MIAMI, BY INSERTING A NEW ARTI- CLE XXI-S, SPD-3 BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT BY MAKING THE NECES- SARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE ill, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SEC IONS ORPARTSE. .ILVR THERE ILITY CO IN CONFLICT; AND CON- TAI RALPH 0.ONGIE l`r�U�", CITY CLERK RK CITY OF MIAMI, FLORIDA Publication of this Notice on the 30 day of July 1910- me""(09 7130 I PLANNING FACT SHEET APPLICANT City of Miami Planning Department: April 14, 1980 PETITION 3a) Consideration of amending Comprehen- sive Zoning Ordinance 6871 by inserting a new ARTICLE XXI-5 SPD-3 BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT, providing an intent statement, use regulations, and special transfer of development rights, which is superimposed over, and modifies the uses of, the underlying zoning districts. REQUEST To establish a zoning overlay district in- cluding a transfer of development rights which can he applied to North Biscayne Boulevard. BACKGROUND This zoning overlay district was proposed in the Biscayne Boulevard North Economic Planning Study which was approved in prin- ciple by the Planning Advisory Board on October 3, 1979. The City Commission un- animously approved the same study in prin- ciple on November 26, 1979. ANALYSIS Careful analysis discloses that the major barrier to economic growth along Biscayne Boulevard is the existence of shallow com- mercial lots. Developers will not invest along the Boulevard because they cannot construct buildings large enough to yield an investment return sufficient to compen- sate for the costs and risks of redevelopment. The proposed zoning overlay district ad- dresses this barrier by a) further restrict- ing the list of underlying C-1 local com- mercial uses to those which local residents and commercial property owners believe are compatible with quality residential and office development and b) providing for n transfer of development rights from R-2, R-3, R-4 transitional properties,up to 100 feet outside the district,to properties within the district to allow greater intensity. The transitional property would form a buffer, most likely in the form of parking RECOMMENDATION PLANNING DEPARTMENT PLANNING ADVISORY BOARD CITY COMMISSION lots, between the commercial properties along the Boulevard and the residential property lying east and west of the Boulevard. APPROVAL Recommended May 7, 1980 APPROVED on 1st reading, June 26, 1980. �1 SPD-3-BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT. Section 1. INTENT (1) Biscayne Boulevard North has traditionally been known as the "Gateway to Miami". It is, therefore, in the _ public interest that future development and redevelop- ment upgrade and, thereby, improve the visual impres- sion of this arterial landmark. The intent of these _ regulations is to encourage quality office, residen- tial and retail development in a linear setting. This district, superimposed over the existing zoning dis- trict, modifies use regulations and explicitly states the manner in which development rights may be trans- ferred from transitional use lots to SPD 3 lots with respect to floor area. (2) All other zoning regulations and procedures not affected by these regulations shall be in full force and effect. Section 2. USE REGULATIONS (1) Permitted Generally (a) Where the underlying district is C-1: As in C-1, except as provided below: s 1. Substance Abuse Facilities 2. Sanitarium 3. Nursing Homes 4. Convalescent Homes 5. Rooming Houses (b) Where the underlying district is C-2: As in C-2, except as provided below and in addition to the exceptions cited in Section (1) (a) of this article. 1. Massage Parlors 2. Turkish Baths 3. Pool and Billiard Rooms 4. Second Hand Stores b. Bars, Salons and Taverns 6. Commercial Recreational Establishments (c) Generally permitted and conditional uses cited in Section 2 (a) and (b) of this article are subject to Use, Minimum Floor Area, Yard, Height, Area, Lot Coverage and Usable Open Space regulations specified in said respective districts, except in instances where transfer of Development Rights are undertaken (see Section 3(2) of this article). 1 i __ (d) As in R-C, subject to Use, Minimum Floor Area, Yard, Height, Lot Coverage, Area and Usable Open Space regulations specified in said district, except in instances where Transfer of Development Rights are undertaken (see Section 3 (3)and (4) of this article). (e) Apartment buildings and apartment hotels not exceeding a density of one (1) dwelling unit for each 690 square feet of total lot area, including (when appropriate) Transitional Use Lots. Section 3. SPECIAL TRANSFER OF DEVELOPMENT RIGHTS (1) For building sites which have a minimum of 120 feet of street frontage along Biscayne Boulevard and a minimum of 15,000 square feet of SPD-3 Lot Area and which have adjacent transitional use lots in an "R" District, development rights for the floor area may be transferred from these "R" District lots to the assembled SPD-3 lots (principal site). The floor area ratio for the total site, including the transi- tional use lots shall not exceed 1.80. Transfer of development rights may occur only after transitional use lots have been cleared of existing structural uses. (a) R-3 or R-4 transitional use lots, not exceed- ing 15,000 square feet of total net area, may transfer their floor area development rights (equivalent to an FAR of 1.5 times the net square footage of said lot) to the principal site. (b) R-2 transitional use lots, not exceeding 15,000 square feet of total net area, may transfer their floor area development rights (equivalent to an FAR of .6) plus an FAR Bonus of .9 for site assembly equaling an FAR 1.5, times the net square footage of said lot to the principal site. (c) Transfer of development rights from R-1 transi- tional use lots to an SPD-3 site is prohibited. (2) Where transfer of said development rights occurs for uses generally permitted and/or approved as Conditional Use in Section 2(a) and (b) of this article, the Use, Area, Yard, Height, Lot Coverage, Minimum Floor Area and Usable Open Space requirements specified in their respective districts may be calculated based upon the total site, including the transitional use lots. However, development may occur only on the SPD-3 portion of the total site. 2 r__ (3) Where transfer of said development rights occurs for uses in an R-C district the Use, Yard, Height, Lot Coverage, Minimum Floor Area and Usuable Open Space requirements specified in said district may be calcu- lated based upon the total site, including the tran- sitional use lots. However, development may occur only on the SPD-3 portion of the total site. (4) Where transfer of development rights occurs minimum lot area requirements for residential uses are as follows: No. of Units Minimum Lot Area Required S . Ft. 1-12 6000 + 1500 for each additional unit over four. 12 or more 18,000 + 460 for each additional unit over twelve to a maximum of 65 units per acre. Computations are to be based on the area of the total site, including transitional use lots. (5) A legal document binding the transitional use lot to the principal site must be approved by the City Attorney and recorded. Section 4. DEVELOPMENT PLAN APPROVAL (1) The purpose of the Development Plan Review is to accertain that development, redevelopment or additions to existing sites or structures is in accord with the intent of the District and for the benefit of the general public, in accordance with the provisions of Article IV Section 41. (2) Where transfer of development rights occurs (Section 3 of this article). A development plan shall be submitted to the Urban Development Review Board for their approval. (3) In recommending upon or approving development plans, the Urban Development Review Hoard shall consider the location size, height, spacing, and extent of use of any building or structure, and their appurtenances, access and cir- culation for vehicles and pedestrians, streets, parking areas, yards and open spaces, and the relationship to adjacent property. The Board shall not approve 3 i such development plan unless it finds that such plan conforms to all applicable provisions of this Ordinance, that the safety and convenience of the public are properly provided for and that adequate protection and separation are provided for contiguous and nearby residential property. 4 AN R'�N =2� X 1.5 FAR 15,000 SO. FT . TRANSFEi.,.�„ TRANSITIONAL USE LOT SIZE SPD-3 X 2.0 FAR 22,500 SO. FT. EQUALS LOT SIZE 22500 SQ, FT. 45,000 SO. R-2 22,500 SO. FT. 3ROSSIMPROVEMENTS )00 SO. FT. iSS IROVEMENTS 67,500 SO. FT. GROSS IMPROVEMENTS SPD-3 ILLUST�?7•�TION ©1- S�'�CI�•�L TF=7�•1RJ�1-E�? OF- L7��/�LC�F=�ME=: NT r-- PLANNING FACT SHEET APPLICANT City of Miami Planning Department: April 14, 1980 PETITION 3(b) Consideration of amending Comprehensive Zoning Ordinance 6871 by: 1) Changing the zoning classification of properties fronting on the east side of Biscayne Boulevard, between N.E. 50th Terrace and N.E. 55th Terrace from R-4 MEDIUM DENSITY MULTIPLE DWELLING TO R-C RESIDENTIAL OFFICE; and 2) Changing the zoning classification of properties generally fronting on the west side of Biscayne Boule- vard, between N.E. 62nd Street and N.E. 64th Street, including properties extending approximately 311' from the west side of Biscayne Boulevard on the south side of N.E. 64th Street, from R-4 MEDIUM DENSITY MULTIPLE DWELLING TO R-C RESIDENTIAL OFFICE; and 3) Changing the Zoning classification of properties lying immediately west of the commercially -zoned property fronting on the west side of Biscayne Boulevard, between N.E. 64th Street and N.E. 69th Street, from R-4 MEDIUM DENSITY MULTIPLE DWELLING TO R-C RESIDENTIAL -OFFICE; and 4) Applying the proposed SPD-3 BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT to properties currently zoned C-1 Local Commercial and C-2 Community Commercial, fronting both sides of Biscayne Boulevard, between N.E. 60th Street and N.E. 78th Street (Little River Canal); and 5) Changing the zoning classification of property generally known as Biscayne Shopping Plaza, generally bounded by Biscayne Boulevard and the Little River Canal, between N.E. 79th Street and N.E. 82nd Street, from C-2 COMMUNITY COMMERCIAL TO C-IA PLANNED SHOPPING CENTER; and 6) Changing the zoning classification of properties along both sides of Biscayne Boulevard, between N.E. BUth Street and N.E. 87th Street, excluding the aforementioned Biscayne Shopping Plaza, from C-2 COMMUNITY COMMERCIAL TO C-1 LOCAL COMMERCIAL; and 7) Applying the proposed SPD-3 BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT to all proposed and existing C-1 Local Commercial properties on both sides of Biscayne Boulevard, between N.E. 80th Street and Biscayne Shopping Plaza. REQUEST To encourage appropriate residential and/or office redevelopment along Biscayne Boulevard, especially between N.E. 50th Terrace and N.E. 79th Street, in an effort to upgrade the land use and, thereby, the visual impression of this arterial landmark. BACKGROUND These zoning changes were recommended in the Biscayne Boulevard North Economic Planning Study approved in principle by the Planning Advisory Board on October 3, 1979. The City Commission unanimously approved the same study in principle on November 26, 1979. ANALYSIS The policy statement concerning North Biscayne Boulevard in the Miami Comprehensive Neighbor- hood Plan states: "R. Biscayne Boulevard: Promote the conversion of marginal motel operations into moderate - density residential and mixed commercial - residential uses through zoning incentives and modifications, street beautification and rehabi- litation assistance". The failing economic health of Biscayne Boulevard between NE 36th Street and NE 87th Street may be explained by prevalent inefficient and obsolete land uses, primarily motels. The proposed zoning changes are as follows: - R-4 to R-C zoning changes are proposed to allow higher density office options in addition to higher density residential options to serve as a redevelopment impetus. - C-2 to C-1 zoning changes are proposed to upgrade the quality and image of Biscayne Boulevard, north of NE 80th Street by restricting uses to those more consistant with this important entry- way to Miami. C-2 to C-lA zoning change is proposed for the Biscayne Shopping Plaza to encourage revitalization of the Plaza by way of use restrictions Development Plan approval, increased parking require- ment and improved traffic circulation. SPD-3 overlay application is proposed to restrict the underlying C-1 uses to those consistant with the neighborhood and to offer developers an incentive for redevelopment through transfer of development ri ght s . These proposed zoning changes strike an important compromise in that they offer sufficient develop- ment incentives yet, in so doing, will not allow for building densities which are so high as to detract from the quality of life within the adjacent residential neighborhood. RECOMMENDATION PLANNING DEPARTMENT Approval PLANNING Recommended May 7, 1980. ADVISORY BOARD CITY COMMISSION APPROVED on 1st reading, June 26, 1980. N.E. 87 Street 1 C-2 C-2-- N.E. 79 Street N.E. 69 Street R-4 C— 1 - J ' Little River =j —�r ar-„�:,�� r"',Fq r i ...:, C' 1 .` N.E. 61 Street .. Vr I.E. 60 Street r F r_-, rO, , T i i Zl"=[1R'r T*-•r r rr'--r.rr 1 r�--trr,[[�[[T t N.E. 55 Terr. 50 Terr. . BISCAYNE BOULEVARD NORTH EXISTING ZONING north city of miami planing department april/ 1980 N.E.87 Street j __l_ _F-SPD-3 N.E. 79 Street rug?.<<-~�r7_--_,r T ' Little River SPD - 3 rl'I,tI .L N.E. 69 Street ER �- �-C ...... t _ _ 1(^ a : 1. N.E. 61 Street^�_L ^- Cr ,.I'�T N.E. ,� ` 60 Street �� r ;=:rr,, � � _ ~ =- •1`�:�r Gam.; r_ '1C!:<<; 1T jj' i t :u .... �� _.I:7 =E 1_1 t. � Uc: i {it�F rEt� N.E.55 Terr. L ' ED U11111 EEf D R—C ]�?i7r1[�rrtltLC `� T Cis. SPD-3 Overlay N.E. 50 Terr. District Q Zoning Changed BISCAYNE BOULEVARD NORTH PROPOSED CONING north city of miaml planning department april 1980 { ORDINANCE NO. i AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY INSERTING A NEW ARTICLE XXI-5, SPD-3 BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT BY IIAKING THE NECESSARY CHANGES IN THE ZO"JING DISTRICT MAP MADE A PART OF SAID ORDINANCE. NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIons OR PARTS THEREOF IN CONFLICT; AND CONTAINING A SEVERABILITY CLAUSE . WHEREAS, the Miami Planning Advisory Board, at its meeting of May 7, 1980, Item :Jo. 3(a), following an advertised hearing, adopted Resolution No. PAB 15-80 by a 7 to 0 vote RECO1W, . DING 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 change of zoning; classification, as hereinafter set forth; �JOW, THEREFORE, LE IT RES0LVED BY THE COM21ISSIO'l OF TJ'F CITY OF MIAMI, FLORIDA: Section 1. Ordinance :Jo. 6871, as amended, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is hereby amended by inserting a new ARTICLE XXI-5, SPD-3 BISCAYNE BOULEVARD 110RTH SPECIAL OVERLAY DISTRICT , providing an intent statement, use regulations, and special transfer of development rights, which is superimposed over, and modifies the uses of the underlying zoning districts, all as per the following: SPD-3-BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT. Section 2. INTENT (1) Biscayne Boulevard ;forth has traditionally been known as the "Gateway to Miami". It is, therefore, in the public interest that future development and redevelopment upgrade and, thereby, improve the visual irmression of this arterial landmark. The intent of these regulations is to encourage quality office, residential and retail development in a linear setting. This district, superimposed over the existing zoning district, modifies use regulations and explicitly states the manner in in which development rights may be trans- ferred from transitional use lots to SPD 3 lots with respect to floor area. (2) All other zoning regulations and procedures not affected by these regulations shall be in full force and effect. Section 3. USE REGULATIONS (1) Permitted Generally (a) As in R-C, except for helistops, subject to Use, 14inimum Floor Area, Yard, Height, Lot Coverage, Area and Usable Open Space regulation specified in said district, except in instances where Transfer of Development Rights are undertaken (see Section 3 (3) and (4) of this Article). (b) Where the underlying district is C-1: As in C-1, except as provided below: 1. Substance Abuse Facilities 2. Sanitarium 3. Nursing Hories 4. Convalescent 1?omes 5. Rooming Houses 6. Adult Congregate Living; Facilities 7. Retirement Bones (c) Where the underlying, district is C-2: As in C-2, except as provided below and in addition to the exceptions cited in Section (1) (a) of this article. 1. Massage Parlors 2. Turkish Baths 3. Pool and Billiard Rooms 4. Second Hand Stores 5. Bars, Salons and Taverns 6. Commercial Recreational Establishments (d) Generally permitted and conditional uses cited in Section 2 (a) and (b) of this article are subject to Use, Minimum Floor Area, Yard, Height, Area, Lot Coverage and Usable Onen Space regulations specified in said respective districts, except in instances where transfer of Development Rights are undertaken (see Section 3(2) of this article). (e) Apartment buildings and apartment hotels not exceeding, a density of one (1) dwelling unit for each 690 square feet of total area, including (when appropriate) Transitional Use Lots. Section 4. SPECIAL TRANSFER OF DEVELOPVVIT RIGHTS (1) For building sites which have a minimum of 120 feet of street frontage along Biscayne Boulevard and a minimum of 15,000 square feet of SPD-3 Lot Area and which have adjacent transitional use lots in an "R" District, development rights for the floor area may be transferred from -2- these "R" District lots to the assembled SPD-3 lots (principal site). The floor area ratio for the total site, including the transitional use lots shall not exceed 1.80. Transfer of development rights may occur only after transitional use lots have been cleared of existing structural uses. (a) R-3 or R-4 transitional use lots, not exceeding 15,000 square feet of total net area, may transfer their floor area development rights (equivalent to an FAR of 1.5 times the net square footage of said lot) to the principal site. Transitional lots may be utilized for off-street parking with access only from the principal site. (b) R-2 transitional use lots, not exceeding 15,000 square feet of tonal net area, may transfer their floor area development rights (equivalent to an FAR of .6) plus an FAR Bonus of .9 for site assembly equaling an FAR 1.5, times the net square footage of said lot of the principal site. Transitional lots may be utilized for - off -street parking with access only from the principal site. (c) Transfer of development rights from R-1 transitional use lots to an SPD-3 site is prohibited. (2) Where transfer of said development rights occurs for uses generally permitted and/or approved as Conditional Use in Section 2)0) and (b) of this article, the Use, Area, Yard, Height, Lot Coverage, Minimum Floor Area and Usable Open Space requirements specified in their respective districts may be calculated based upon the total site, including, the transitional use lots. however, development may occur only on the SPD-3 portion of the total site. (3) Where transfer of said development rights occurs for uses in an R-C district the Use, Yard, Height, Lot Coverage, Minimum Floor Area and Usable Open Space requirements specified in said district may be calculated based upon the total site, including the transitional use lots. However, development may occur only on the SPD-3 portion of the total site. (4) Where transfer of development rights occurs minimum lot area requirements for residential uses are as follows: No. of Units Minimum Lot Are Required (Sq. Ft 1-12 6000 + 1500 for each additional unit over four. 12 or more 18,000 + 460 for each additional unit over twelve to a maximum of 65 units ner acre. M91I ii I Computations are to be based on the area of the total site, including, transitional use lots. �! (5) A legal document binding the transitional use lot to the principal site must be approved by the City Attorney and recorded. Section 5. DEVELOPMENT PLAN APPROVAL (1) The purpose of the Development Plan Review is to ascertain that development, redevelopment or additions to existing sites or structures is in accord with the intent of the District and for the benefit of the general public, in accordance with the provisions of Article IV Section 41. (2) adhere transfer of development rights occurs (Section 3 of this article). A development plan shall be submitted to the Urban Development Review Board for their approval. (3) In recommending upon or approving development plans, the Urban Development Review Board shall consider the location size, height, spacing, and extent of use of anNr building or structure, and their appurtenances, access and circulation for vehicles and pedestrians, streets, parking areas, yards and open spaces, and the relationship to adjacent property. The Board shall not approve such development plan unless it finds that such plan conforms to all applicable provisions of this Ordinance, that the safety and convenience of the public are properly provided for and that adequate protection and separation are provided for contiguous and nearby residential property. Section 6. That all laws or parts of laws in conflict herewith be and the same are hereby repealed insofar as they are in conflict. Section 7. 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 26 day of June , 1980. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of ATTEST: ftAI.PII G. ONGIE CITY CLERK PREPARED AND A 'PROVEll BY: MA K A. ALi:►�TINF AS ISTANT CITY ATTORNEY . 1980. MAURICE A. FF.RRE, M A Y 0 R API VI' AS TqO� FOR►` CITY TOR?iEY CORRECTNESS: -4- R=2, X 1.5 FAR TRANSFEi�ncv TRANSITIONAL USE LOT SIZE SPD-3 X 2.0 FAR 22,500 SO. FT. EQUALS T SIZE 22500 SO. FT. 45,000 SO. FT. R-2 22,500 SO. FT. GROSS IMPROVEMENTS )00 SO. FT. ISS 'ROVEMENTS 67,500 SO. FT. GROSS IMPROVEMENTS SPD-3 -35- May 7, 1980 Item 3 PAB ■ ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION AND THE APPLICATION OF THE BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT TO PROPERTIES IN THE VICINITY OF BISCAYNE BOULEVARD BETE?EEN NORTHEAST 50TH TERRACE AND NORTHEAST 87TH STREET, 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 III, SECTION 2, THEREOF; BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board at is meeting • of May 7, 1980, Item No. 3(b) (1 thru 7), adopted Resolution No. { PAB 16-80 by a 7 to 0 vote recommending certain changes of zoning j and the application of the BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT 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 these certain changes in zoning and the application of the BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT as hereinafter set foi-th; NOW, THEREFORE, BE IT ORDAIrIrD BY Tl'I: COM TISSION, OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 6871, the Comprehensive Zoning Ordinance for the City of Miami, be and the same is hereby amended by malting certain changes of zoning and the application of the BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT to properties in the vicinity of Biscayne Boulevard between Northeast 50th Terrace and Northeast 87th Street, and by malting the necessary changes in the zoning district map made a part of said Ordinance No. 6871, by reference and description in Article III, Section 2, thereof, said changes are as Ifollows: 1) Changing the zoning classification of properties fronting on the east side of Biscayne Boulevard between N. E. 50th Terrace and N.E. 55th Terrace from R-4 MEDIUM DF.'ISITY MULTIPLE DWELLING TO R-C RESIDENTIAL OFFICE: and 2) Changing the zoning classification of pro- perties generally fronting on the west side of Biscayne Boulevard, between N. F. 62nd Street and N.E. 64th Street, including properties extending, approximately 311' from the west side of Biscayne Boulevard on the south side of N.E. 64th Street, from R-4 NT.DIUM DENSITY MULTIPLE. DWELLING TO R-C RESIDENTIAL OFFICE.: and 3) Changing, the zoning classification of nronerties lying, immediately west of the commercially - zoned property fronting on the west side of Biscayne Boulevard, between 14. E. 64th Street and N.E. 69th Street, from R-4 1TDIITtl DENSITY MULTIPLE DWELLING TO R-C RESIDENTIAL -OFFICE; and 4) Applying the proposed SPD-3 BISCAYNE BOULEVARO NORTH SPECIAL OVERLAY DISTRICT to properties currently zoned C-1 Local Commercial and C-2 Community Commercial, fronting both sides of Biscayne Boulevard, between *I.E. 60th Street and I.E. 73th Street (Little River Canal); and 5) Changing the zoning classification of property generally known as Biscayne Shopping Plaza, generally bounded by Biscayne Boulevard and the Little River Canal, between N.E. 79th Street and N. E. 82nd Street, from C-2 COr7I"1 4ITY COIvW.FCIAI. TO C-lA PLANNED SHOPPING CENTER; and 6) Changing the zoning classification of Properties along both sides of Biscayne Boulevard, between N.E. 80th Street and N.E. 87th Street, excluding the aforementioned Biscayne Shopping Plaza, from C-2 =ZIUNITY COMMERCIAL TO C-1 LOCAL COMMERCIAL; and 7) Applying the proposed SPD-3 BISCAYNE BOULEVARD NORTH SPECIAL OVERLAY DISTRICT to all proposed and existing C-1 Local Commercial properties on both sides of Biscayne Boulevard, between N.E. 80th Street and N.E. 87th Street, excluding the aforementioned Biscayne Shopping Plaza, All per the attached Map, consistant with the Miami Comprehensive Neighborhood Plan. Section 2. That all laws or parts of laws 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. -2- l i PASSED ON FIRST READING BY TITLE ONLY this 26 day of June , 1980. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this day of , 1980. MURIC . A. FERRE , M A Y O R ATTEST: RALPH G. ONGIE CITY CLERK PREPARED AND APPROVED BY: t J A. VALEidTINE ASSISTAi7T CITY ATTORNEY APP E AS TO FO AND RECTMESS: n a...._ / VLV1�V • a�a�v�a, vas. CITY TORNEY -3- �Ioo A/ CIG� oll 91 1 �1- 14 -