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j ORDINANCE NO. 9075
—
AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF
MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF
PROPERTIES ABUTTING AND ON THE NORTHWEST SIDE OF
BRICKELL AVENITE TO A MAXIMUM DEPTH OF APPROXIMATELY
180' BETWEEN SOUTHEAST 15TH ROAD AND SOUTHEAST 25TIT
ROAD. PRESENTLY ZONED R-3A (LOW DENSITY APARTMENT
DISTRICT) AND R-1 (ONE -FAMILY DWELLING DISTRICT),
PER THE ATTACHED MAP TO R-3B (LOW DENSITY TOWNHOUSE)
DISTRICT: MAKING THE NECESSARY CHANCES IN THE, ZOTIING
DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6071
BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION
2 THEREOF: BY REPEALING ALL ORDINANCES . CODE
SECTIONS, OR PARTS THEP.EOF IN CONFLICT. AND CONTAINING
A SEVERABILITY PROVISION-'
WHEREAS, the Miami Planning Advisory Board, at its
meeting of January 16, 1980, Item No. l(b) following an advertised
hearing adopted Resolution No. PAB 4-80 by a 7 to 0 vote recommending
an amendment to Ordinance No. 6871, the Comprehensive7.oning Ordinance
of the City of Miami, by applying the proposed ARTICLE VII 2 - LOIN
DENSITY TOWNHOUSE R-3B DISTRICT, as hereinafter set forth; and
WHEREAS, the Commission deems it advisable and in the best
interst of the City of Miami and its inhabitants to amend said
Ordinance as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COM-YISSION OF TFF
CITY OF MIAMI, FLORIDA:
Section 1. That Ordinance No. 6871, the Comprehensive
Zoning Ordinance of the City of Miami be and the same is hereby
amended by applying the ARTICLE: VII 2 - LOW DENSITY TOWNHOUSE R-3B
DISTRICT to properties abutting and on the northwest side of Brickell
Avenue to a maximum depth of approximately 180' between Southeast
15th Road and Southeast 25th Road, presently zoned R-3A (Low
Density Apartment District) and R-1 (One Family Dwelling District)
per the attached map 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.
Section 2. All ordinances, code sections, or parts
thereof in conflict herewith, insofar as they are in conflict, are
hereby repealed.
or
Section 3. Should any part or Drovision 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 12th day of
February, 1980.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY THIS 18 day of March , 1980.
MAURICE A. FERRE
MAURI CE A. FERRE , RAYOR
ATTEST:
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�
CICL
CI CLERK
PREPARED AND APPROVED BY:
1
J. MICHAEL HAYGOOD
ASSISTANT CITY ATTORNEY-
APPROV S TO FORM AND CORRECTNESS:
CITY AT RNEY
-2-
9075
3
MIAMI REVIEW
ANO DAILY ORC0110
Published Daily except Saturday, Sunday and
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) newspep�r, 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 No. 9075
inthe ... ... .... X....X....X............. ................•.. Court,
was published in said newspaper In the issues of
March 26, 1980
Affiant 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 (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 promised any person, firm or corpora-
tion any discount rebate, commission or refund for the
purpose of jAcuring this advertisement for publication
in the say wspaper. _
qz5 Tv's before
...: M# 2A... A.D. t9...... $.$
® ISEALI ` ���D Q 1982.Florida at Large
Mr Com o
MR 67• I -�
00
CITY OF MI e'j k t
BADE COUNTY,
LEGAL NOTICE
1
All interested will take notice that on the 18th day of March, 1980, IIII
the City Commission of Miami, Florida passed and adopted the 1
following titled ordinance:
ORDINANCE NO. 9015
AN ORDINANCE AMENDING ORDINANCE NO, 6671, THE
COMPREHENSIVE ZONING ORDINANCE FOR THE CITY
O E-M I AA41«6Y.6H+4NGl
OF PROPERTIES ABUTTING AND ON THE NORTHWEST
SIDE OF BRICKELL AVENUE TO A MAXIMUM DEPTH OF
APPROXIMATELY 180' BETWEEN SOUTHEAST 1STH
ROAD AND SOUTHEAST 25TH ROAD. PRESENTLY ZONED
R•3A (LOW DENSITY APARTMENT DISTRICT) AND R-1
(ONE -FAMILY DWELLING DISTRICT), PER THE
ATTACHED MAP TO R-3B (LOW DENSITY TOWNHOUSE)
OISTRIC"; 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, «ND CONTAINING A
SEVERABILITY PROVISION.
CITY C ONGIE
nmp CITY CLERK
CITY OF MIAMI, FLORIDA
Publication of this Notice on the 26 day of March 1980.
3/26 �- M8i I
_ �t��w:�._F���N,��!,:il�'e:t.`i:il''r�'.'., n" '.'r+'i 1�-:.:JY—:v...n.,.ea....a
—... ram® _- �—
�L�
red
the"
ORDI;IANCE Mo .
Section 3. Should anv
part or t�rovision of
this. ordinance
be 'declared'
bv``-a court',,OE',competent
iuri.sdiction to.`be
invalid, the
same shall
riot affect the validity
of the ordinance as
a whole.
PASSED 'ON FIRST READING
BY TITLE ONLY. THIS
I Zt, day of:
February, 1980.`
PASSED AND ADOPTED ON SECOND
AND FINAL READING BY TITLE
ONLY THIS
day, of
, 1980.
NIAtIRICE .A:.
FP:RRE , MAYOR:, ,
ATTEST:
r
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Ja n ma ily. item A
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11
in this c,.lse alonry I3rlckel.l Avenue. i0ther.('forc, a 3.-r,tor.y t?11i.]all.Tl�j
could 11 i;ve W1t-11 the existinc? rcgtlirulmnnt of 20 feet'. However, when
you start into a 2-:story huildin(t or somrtJhe.r(2 1)ettJt-,cn 12 feet (.1nd` 25
feet, eve' suq est an additional 5' of net1)ark. and when you cIn to the:
3rd story., which usually mean:; parkinq undo rncath , we suctaest an addi-
tional 5'' providing a 30' setback for. :buildings that: are between' 25'
and 30.' ;in hci(llit. We think this is b �n�af cial and perhaps isn't croino
to atop all :the objections but it is more. desirable than What the
ordinance presentl+t, has , , plus', i f 'we think; : o,f• going; too much' further. ,
w-it-, tend to make '-ivery difficttlt to develop that property because
we're talking about a' 30' front Setbac!c; we're tal.kina about' a 30' rear
setback and really cut down on the buildihle'. area. T?e :.reel this is an
attempt,' per laps we'd like to have 50' but : we don't think it's it
practical to have that requirement.
Sub -section (4) ' USE OF YARD' APEAS - '1'her.e's one change t}3at occurs
in paragraph (a) and that is `a MANDATORY absolutely mandatory 10'
landscaped. area right immediatelf' adjacent to the "�Zse I3uildinct Line.
What is.presently. alloWcd. you still'haave to have the same front set-
back. butyou` could build. a tra11 of uhich ,the maximum .height 'of walls is
u' , right at the' sidewalk: lime. And we have discovered quite quickly
that this is not=desirable in this district or oth-'rs in .the City but
in this particular case tde're, suit testing that any;J t a11,-' any 'deVe.lop-
menu at'a11 must be 10' .hacl, and that :this. area. be 'landscaped specifica1.1,
in the form of 'treatment ;which wc'.11 qet to in-LilNllSCAVING - a tree` at
so' man%,:: feetc. the trees .must ,be lara(-r than normal and we Ire, doina
cverythinq. %-m can to :keep this a Number One area that it .is `today.
So that is. the only chancre in'Sub`=section' M .
Section: 5. IIrIGIIT - As I meritionrd earlier, �:;e recommend strongly
that althouch llcight does allow f:le :ibilit-y an'c] devnlopm�e'nt w"e .:;feel
that the transi.tiona+l natur,e of t ie'.areal and the Eac't that A. is going
to °be irmediately adjacent to the proaerti.es that t:ront:..on Soutli. Piiami
Avenue, there should' be no increased heia}lt and that stays as it i.s.
Section , G :, - L(�T COVL RIC;i� - T}ri.s i_s" the; same name rically� as it has
been e::cept ;for. .ahe paragraph (?.) under Section,G. There again, ,in
order, to a11otJ f.'lexihi1ity and. based :upon ,the fact -that' tee . are pro-
viding a bonus incentive later on- in' the nr-xtiaracran}i;` for. parking
under the building or in an enclosed struct are', there is certain design
f1e.xibility' with ' regard to Trot Cove -rape thIat- may make a minor adjust-
meat: in ;Lot Coverage necessary and also to accommodate the increased.
floor area ratio that is`-goinq to`be permiated:in.this_ strict.
Also, this does allo,;a some .architectural desicTn flexibility' and also
one of the points that has come un in' to tile, overlooking of
abuttincr properties, is the fact .hat 'the 'developers and . t le architects
f.(7�e 1 there just .hasn't been enough f].c :alai lity i o 1gt them 'do a better
architectural jot). We believe this ,type of- authority granted in the
Re vie,a Board Will give this fle::ibility and promote Z better design
and better architecture for this area...
Section 7. - FLOOR AREA PUATTO Thp base floor area ratio remains
the swine as it is today. Perhaps Tor : the :new Members , floor, area .
r.ati.o is just. a 'ratio'.between' th^ total "mount' of floor area in ;any
number, of .floor:, that you can put. on the si.te.- I'o - ilista'nc;e, if you
have a site ]:O,000 sc; �are'fect. and the''f•looL area ratio is 1 the
Ordinance simply states t}lit• 'you'm<t}�- 10,00!1 s,rluar'c...f-cet.,of,
floor" area on that Situ. IIOt14'_VC'r in this Ca se what lla b�e11 l.n t}1C
1?-3 is 5 or a h'a1fs o.'if yoti have. a 10,000 scluare foot lot', thin you
can on]:-,, have 5 '000 square., feet of floclr al;(a on the lot. The only
chancre thr.refore, J.the'bonu:; for. hrovi.d'ntj
., t)arl:itrtinder the huildillg
or ar757, of :h^ci k
rr
c?uirrd amauTzt of: Jwirki.ng And i`_ that is '`don^► th floor arca 'ratio
bonan call be awarded of 1 to make the total ,f.-loor area ratio for the
districtof .GO. That i:11cicle:lta1.1�, t-ias - r.ccomm,r- lat•ion of this
Board. Staff di'd not .ori q1-nall,� recommend it althougtl ,we have no
difficulty t-Jith `it and sae undnr.stand and concur with the Advisory 13oard
-5 January 10, 10%30 Item 1
PAP,
1 ' 1
as to its appropriateness.
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Ladies anri; gentlemen, let fuigDeat-
socson tic: nsuo. rlie Planninn
ailzV h e, sr -icl- I
rema r k ed that thaTe, was irt clic .e in t Ab, S. T i re,'s no, per.,
ccntible j hancle in t. A
7c. rear sq, t.ljacks a,ccording to the 16 hqlq!1t.%-
e. -xn c t 1, the 1�73 A., IL , 1 ol, I �Fxt
the Sallie C.1 s -1.10 chanc-Te -it all- JUs " 0 'ec
both thinris thilt was e:the . thinq I rerilly- double-checkdd 7 Jor
every 21of height, Of, setb:a.cl- or vase -versa ''for both R_3A andl. R- 313.
There s no p e rc b p, t i b le-, cilancle t1i. ii d in both 'ca s 0. 10, R - 3 A F R-313 - .3-stories
above pa I rking it says parki.hel un(lerlieath- nov., -,1here do we I qet,
four -stories. In'. Other words',' you're locl,-.inrj the barn door, r, , artethe
horse was, .'stolen l and.: I'd like to knoa how that four -stories, r re?
.4,ot thc:
I mean", I. find this s abs'olute 11- ", s inatinq and I I th ink this Board should
P I , L -i ,c
be v r y interested. " I ' d I i k o. y Qu all, to come and look. I 5ay,., plans
which shbi.�6dthree-stories facInq Sol_itl I ia mi, A-ve n u e a n d then va,ultinq
to four. -Stories on vaulted wiiy, to 13ricke,l 1 to rTive ,them a little
extra for ,the'lrI'going And it e over, th(5,:Parl-ing s c. m, 6 d like Z-1- fair.�
enough exchange )ecause they to re setting 1.)0c'k 3 0 1; 4 5 5 insome
cases but vl :he,,' re 3 41,
hen- 1- 0. atid%-�thuy: suddenly turn it around and r
vault, C'ocs,do n .to. I Bricke'll and there's four -stories" , r , -st6riqs 11 outside my I
J 1W _ .1 - ., bed
room, outside -m 11*
y� neia i -)ors oil ;_Rl when nowhere,"ill , Zln� ,,, ordinance: is,
four -stories allowed. Ahd thi,s,, was blr'ouc h1t'. U, t, Commission mee inas.
T, p,. ci,
I'vc got it documented titr. hi-ce ummr:-.
Mr. Corba. o,. _J. r� to I d w�
'Well I -- three -stories..' IT,- r.,. 1, c11i m a
n -1.4 it thre t-orlies. a 1 R, to: 1 %no; send i
other" -it- :on:
In. ot, words I, just t feel that h av 2. n g s, .this.Board ,:,,
lctter.,
1 l"'."a r inq�,,,toi. that'
and having l,work:, :I d a s- .-i- 11 slid and yo,Li.:41�
zeldta iar go.
you're la,bo,rinq like the elepl-iaht did, -under., months and ',.mo,n'Lh:-S,1'1_Of:
gesta,tion and you,,re )ri nq put a mouse You. n it,:, s ridiculous.
,ngi
It's time Wastin ,.r time-waStinq Tor you and ev6ry1'odb1s, e If till s!
were, applied
)plied I right, had te.
I h, D. R. . 13.:,- 'these " p . eop le 'cTo , tall ,, 1.i,nr1s:'of
bonus'es 'under a P,.A.D. , et cete-,ra maybe Wc-',should , involve the U,.-, 0. I'll. 13.
more. I'm not arguing that, b,qt sombwhrz,re' somrbod '.As -.'not-,. ,mindingthe
store. Somel.qliere' between here,!anrl.where buildincy.,permits are. 4iven...out,.:'
and where ._inspectors. -are lookinrT, at. things
; j: and where,,:there have' been
committments under, oath and before City Commi s s 1 on,, I a cards
the'way�� they're supposed : te.
et cetera - ,things! aren't . happeninthe
J
That's my
point.`
, (Comment not a u d i b I e,;, n p t at microphone)
Mrs. Ala n d e r',: , Jim not le , iis." f orit 0say
,,, , t f-1,
say4..nq, that 41r., Wh i:no
that"the" 7onind ,`Board turned "at; tota
lly 1.Yan comnletely'and ":.under
testimony '11 t was::said'that' it Fa s et!ire6-stnrles aCin,South-'
Miami Avenueunder. .three Aifferent occasions. ions.,-o hats" s. 1:: 1,:; h a ve to
say.
11r.. Rice- I, vier , 14 rs . A i n d e r as a clist-inauislip_cl,,c.iti'z.en-,of, ',tliis
comm fii a"wonder u ty.'and' ti k f- I o.:: not I o t:, believe ,
�he reaL,
d c st 're s'
,ancl,�,J, 40
that size::trulv un' r o(�O. what was p ented' before- thtI.City, Commis,
3s i on
1 all I s I tla* ntbd The 'p, I t, vie. have t1vir, .project are -the,. same. 'pres,e
here.tle recognize Cannot,reaplans
and because
of thatwe brou&t into tieforum itthet!me,. a mode1 lat -;ed with d 'Ue. e vi�n me-. An d -,,- as:` I . r vrs� A-lexan er'.�,vou i mand r recollect o lle 6 t�
were very complimentary I of, that project, as it was ".model ed "'in your,:
presencr:.-,and :,-I':.would' invite .you .t of d look. at that o come to,: -our, i.ces-an
very same model w in I A d 1, 1 , -,,tind'er-
hich was 1 , iere n somehow,. you,, d Cin
stand what you were I e looking at., :All - 1 11 can 'say, t Q, �you is.that , ',�,tli6 Mans
bv which this project was s constructed :and, permitt'ed'. -w", :his City,", -.,ire
-er, of public record. m sorry t- GISC-10PI
a matt o ry 'that you're" bih,tdd,._in the
way they turned out. I've had I �diScippoi I ntment s eve I n� t1iouq'il J"" m a . pro -
f es s i o I n I a'l in the way a I buildin - lo ke , d when it . iot-, 11 11 1 1 1 11 n ,the : air be I cau-e
there w.6 re facets to.it-
I didh,i't see.. , But 'I thinkwaa
..e cn,' eve�,:tlat
t in
matter to reswith that pot In respect t D
I o r ic}, -1 e l 1 1 forest, st,il oti . r
Comnany is, a minority partner. in that venture and ,LW-ould.',t "tell you that
we have pr Pserved a �tremendous ..mia j ori ty - ofI those t , re( ,s, I and a 11 � lot" of
People 11,-AvO been calling our" office askina why; ,�, in 1'S, name. is it
tzikinqso long to-c*ni
I s1v that project. And the answer slimply Stated is,
it's a hiahtmhre f
Or t 110 r3lih-contractors and the •concrete: trucks and
a n 16 1980
-17 J,uA ry Item 1
PAB
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tlip 411_i t �rh l'Zr
a r°tic Jhnerj
ca 11 ~r+' to ^t)°Ci J
rahro0Zem , o p tl� l,�(,n.1 E ?r,cl `onlcti 1 t tln�1 ".l.or)
nar cih i t Lw t t11r; ving, o i th 11r ciZ hC �r cvlti` t re
cl r/7 °tl ete oh eve of t INolonZZo:17 vq�tion ry.yi�
°0Zd 1�� • 1). U 1 Co'O?r�? r°.7nC 1°<. I
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l�nrr1-t b Z U h wo bons° to`" Uh1o^ �h�•n n 1 tern
de qh at I they rf'c? nF,.
�e��f?� zottnd, i�`�t� 2 iS J�1cj b `� ro�rn� h°cl�h� n,313 t C.
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or I?°lard1` ZZ fiUl� h tl. Tt��Z� to "v1 01 �d FOr o�
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rvl� y I cliff Lr� n�1i s it�e cloosn .anal vqZ c, on
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ry he C° `�ncl s �tt1aZJ tyb I t z tzo17 " t b ,hi.� t,�Z n
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�cl Or,1 ►Vo ?.on,
tlto o
�a� CjTaf?
Mr. Lorenzo Luke, offercri t,nfollovanrr:reso cation a n(1 r,ovrci
its adoption:
ARTICLL VII-2 LIM DENSITY TO'INHOUSR R-3B DIS,TRtC`T
)th
nd
one
ned:,
chq..
strict
Section 5 -
itEIGt1T
C1)140, buildinct or structure, or part thereof, shall be
erectied or altered to a height exceeding tw01"(2)
stories or."twn_nty-five (25) feet except where parking
is provided under the building; in which case the
height" s0all not,, exceed, thirty, (30) feet.
Section 6.-
LOT covERAGE`
(1) The combined'area occupied by all principal and
accessory buildings shall not exceed awenty-five (25)
percent for buildings of a. height less than t��enty-
five (25) "feet and" -shall not exceed twenty-three (23)
percent for buildings ;exceeding a height o.f' twenty
five` (25) , feet; except as herein provided.
(2) The Urban Development Revieca Boa rd'may 'permit lot
coverage adjustments, particular`lyto allow upper "
ievel` overhancs and to accommodate floor area ratio`
bonuses.
Section 7.;-
PLO0R AREA RATIO
(1) The,floor area ratio shall not exceed .50. e1 floor"
area ratio bonus, of .1 may be'approved'by the' Urban
Development P,eview Hoard provi�led that Seventy=five ` (75)
id parkinundpercent ofte re�uize: er " or
within a` structure.
Section 8. -
MINIMUM FLOOR AREA
(a) The minimum floor.' area for a dwelline� unit shall be
:one thousand (1000) square.feet.
Section 9.-
USABLE OPEN SPAcr
There shall be provided a minimum of. three hundred (300)
square feet of USABLE OPEN SPACE, for each dwelling unit,.
erected upon any site.
-25-" January iG, 1980 Item 1
PA13
I rT
_. _, {. Lai- d1i.11
rc
I I
TFI FI ]
�1 J.PTUI I III Ii'l I. R"3 B
T R AH S I T
irza
�1 t
kv
I
I
0
1.
7-7
that the tranrJ.tiona:lnature oll-.- the area an(T tile-, racl; url,clz _-_L1L-:
to be: 1M I mediately adjacent to the,'pro-oertica the tfront., on Sou
tt
s d lie i cilit, and t I A
Alienue-:,��tliere::slio,uldt.be�,:'no � increa that s t,a y s', a s,
is, t ir- same nu S,
Section LOT �.COVERA-M;1' This,j I 66ricci; 1 ' ly, a A
�ph 1(2Y under Section 6. There,.aq4ill,
been, except for t h e �., p a r a qr ca
orderto a I I owle.-,ibi1ity, and
nd.,based-unon. the fact that,
I e , �ater oil in ;the next I paragra I oil': � f o r_ earl
viding�a_bonus i�cejt-iN,, I'
under :the building I . ' or . i 11 n.".an enclosed closed stru,cture there, is 0, r t a
C , - . , 11 ' . 11 ._:_ _
flexibility_ With,"re ard,, to Lot Cove.raqe. that make a. minor, a
T
mint :.inj,ot, Coverage n e c e s sa a ii d, also to accommodate, the-lincri
floor 'area, ratio that,is, goin( ;,to be i)erMit.ted:intI1s,0
Also; t , his, does allowsome archite.ctural desicTli flexibilitAr " and
one " of; the points, that has: come,.uu III addition to tlic-1-6verlooki-
abut-ting., properties,, 13v tll,6�, fact :that the developers. and th a r
feel "th I c re j tic, t_ hasn,'t been enough flexibility to I let.them ( , 16 6
architectural job'_- We: belie'vie,this type, of author,ity qranted i
promo te A:letter , d6
Reviell.%'? Board will glvc-, h, i 1 *11,
this f ilty and d
-his area.
and better 'architecture or.
Section T. 1 FL I OO,R AREA RAT 10 Tll(. base,'f loor area ratio r
ay L, r s floor a r
t s, for the n IlCnib
the saine as s o0, Perhap
ratio is* just a 'ratio between , tile tots .l..amottint of 1por area in
nuviber o'f.,floor'S..that you can I put 071 tile site:' For A stance,
have a site �OE' 1.0 It 00 0 square feet: and the floor area. ratio 'e. is
Ordinan ce simply Stater, th'i t y j) o ic!��, 10,000 squarefeetyou, ma V
a
I S Ca . s c wh a t !I s be.inv_i
floor areal on that site.. 11ow,ever, t
R- 3 is .5.or. & h t*1 I f ,0 if you. have ca 10,000 s (I ua re foot .Lot,
tl
can only .have 5,000 sqiiare Ccf.-t of floor arria oil tile, Tile
c_ lia 11 f:1 C therefore, if-, the -bonlis for pr , ovidin under thel':,
or pC17haps..,aithin an Zinc! at 1(-1,ant. 7!3-1-_.7;�10f-1-:' , th
q u i I :ed amount of parkinq. A lid ,- t. , t d lic., tjj-�!floor 'area`'
,La 0
bonus -can be award-%,d of I to . Make the'total.floor. . area ratio :_J
district of .60. That inCidentcill%r, %q I as, a r,(---.comlll--n(latiloii,bf--,.Itli
'.J.L L I ��
[iami
.S.
has
.1 n
nd
s ri n
ust-
sed
1 s o
of
litects
)etter
the
I a a rd Staff did not reconimrnid it al,thoWil, we have -lit.)
fficulty with it ail(] ae undnrstand and concur With the AdviSory
January 16, 1990 Item I
PAp,
ail -is
ny,
the
tile
you
Board
or
as to its appropriatenn55.
Section S. - MMIMUM r BOOR Ar,rA - Mormally, all of the multinle-
family districts have a set minimum nine for efficiencies, 1-bedrooms
and 2-bedrooms. however, this particular district we have found that
the dwellinq units tend and as has been sunclested, should he con-
niaerably larger than any other units that you might find elsewhere in
the City. In discussinq this with some of the developers that have
worked in the area and want to work more in the area, they have no
Problem with increasing the minimum size of the unit un to 1,000 feet.
The existing standard, incidentally, is 400 square feet for efficiencies,
550 for one-hedroom, 650 for two -bedrooms. They feel that the base
1,000 square feet for any type of unit is appropriate and'it. does, if
you will, correspond to, in a way, to the decrease in density which
i referred to in the early part of the R-3B regulations.
Section 9. - USABLE OPEN SPACE - In the same. The interesting thinq
here - we're not suggesting an additional requirement but if the bonus
incentive for putting_ parking under the building works, we're going to
end up with significant amounts of green space and oven space around
the site that would normally be used for parking. And we feel this is
quite a nlus and particularly as the Urban Develonment Review Board is
very landscaped -oriented, we think we're going to have some very lush,
pleasant surroundings for any new apartment buildings in the area.
Section 10. - LANDSCAPI*I(: - As I mentioned earlier, with regard to
landscaping particularly across the front of the building, we felt that
our landscape standards which are used throughout all the other districts
are not particularly sufficient for the Brickell area. And without
getting into detail, we simple specify a tree every so often or for
every so many square feet and we specify the size and type of that tree
more specifically than we had in the past. I'm working on Section 10. -
(c) - if the Review Board feels that the standards we have set forth
above aren't sufficient landscaping - they do have the authority to
require additional landscaping pursuant to this provision.
Sub -section (2) is basically the same except again, we specified a
little areater hei.ght_.than ordinarily, would have been required under
the existing R-3A. -
Section 11. - PRELI74INARY DEVELOPMENT PLAN REVIEW - Thenthewhole
kicker, as I mentioned at the beginning with the new district, is.
granting the Urban Development Review Board the authority to approve
or disapprove plans. If the decision is not acceptable to the appli-
cant, then they may go directly to the City Commission in appeal of
the Urban Development's, let's say denial or refusal, to forward their
application to the Building Department for a permit. Again, I don't
want to belabour the point, the U.D.R.B. is a very good Board. They
work very efficiently; spend a lot of their time and as they are pro-
fessionals in the architectural and landscape field, they do an extremely
fine job.
Section 12. - OFF-STREET PARKING - Administratively, we have been
requiring in the R-3A district and several other planned district areas,
that a minimum of 2 cars be nrovided notwithstanding the requirements
of the parkinq section of the Zoninct Ordinance and this simply states
that fact. And now that I stand here, I realize that you do not have
that Section vet. Would you pass them out to the Members, Mme. Chairman?
It did qet left out, however. I give it to you today.
I would like to do two other things if I may. If you would turn to
the 3rd page of the requla tions. Sub -section 3 - REAR YARD. I mentioned
to you there t:ras no chance which is true. however, it was - pointed ;out
by the public that was sitting in the audience at the workshop at the
- 6 - January 16, 1950 Item 1
PAB
•
last meeting that: there were a couple of inconsistencies. And where it ,
says in (a) twenty-four. (24) frc;t,; we ugne'st cha'nclin7 that to twr..nty-
five (25) feet to be other 'ditncnsions that occur
along the Ordinance. So what: 'I've clone is, I've hiven you two sheet.^,
to insert which brings our clra:ft cony to you completely up-to-date.
nncl that; occurs in two' locations in par.agrnph (a) , Sub -section 3.
Those two sheets Z handed out 'do put that in the nroner form.
That hasically ,ta%es care of nart (a) of the petition toniclht. Let
me add just a few comments with rectard to the anplication of this I
(Jistrict. The City of Miami ,probably has studied this area between
15th Road and 25th Road a minimum number of six times in�.my, ;tenure with
the City;of`Miami. The last time, although it was done a number of
years ago, was the most comprehensive of the lot. And as a result, we
act a new, R-CII zoning on ;the northern end, P,-C-1 and we attempted to
apoly P-3A uniformly to the northwestnrly sicle of Bricl-ell 'just as we
hacl recommended applying the R-5A on 'the southeasterly side of P,rickell
uniformly. I1owever, there was some concern at the Commission level and
they did not want to re --,zone the whole area. So therefore, we ended
up with a very snotty application and that indicates the P-3A zoning
down on the westerly end, left out a lot there in the middle and anpliecl.
3 more lots and has been basically chanaing_the zoning - I'm referring
to the Commission - Ion an applicationbasis. Noa %•:e never have recom-
mended this type of approach. The Denartment has consistently said
the zoninct should be uniform "on that 'side of the street and .that is the
basis that we are providing Lhis.narIt (b) recommendation to you this
evenina, to: uniformly re -zone the area from the R-1 and the P-311 status
to the proposed district of R-3B.'
I'll be clad to answer, questions,.Mme. Chairman.
Mr. Whipple: Mrs . Lichtenstein asks, a question.:, Is the R-3B only
on Pricl h elAvenue? .'That' is our only ,Proposed ;annlication tonight.
If there are other areas that mi.al-it be des iral5le fo'r this, It could .
be used because it. will be i full-,fIedrled,'dI trict in the 7onina`
Ordinance. however., we only have -`plans at this time`for th6`8ricke11
area.
liere's another question': U;)E OF YARD 11RrAS (b) 11 SOLID TEXTURBD
t4ASONRY WALL SIX rEET IN :11EIGIiT - why?
This was a mandatoryz requirement, again, ' to provide some ki.ncl of .
barrier '}iet,.s een this multiple- fami.ly use and the sinale;- family resi-
dences that were abutting this district. And we have therefore. just
mandatorily suggested a six foot wall.
Pars. Rockafellar.s I find trouble with an 8' wall. There's one in i
back of us and it completely "shuts the air off from adjpinng properties.
If: they have alcook-out in their 'back yard or anything like that, it
completely sliutts`.the breeze off. n 6' will is about the average
height of a man" and I" think it would be much more desirable than an 8' .
Mr. Milian: Mr.W}ii.nple, what is presently in the R-311 zone that is
rictht next to the P-1, zone? What' is the heicrht of a iaa11 that you. re
requiring at the pre sent time?
Mr. Nhipple: 1.et me' refer. ,to the ma'n. You see the R-31 and there's
a black' line before it' ge.t:; to-'P.-_] - we're . requ6sting a minimum G'
concrete wall on that rPa'r. line separatinq the two districts - we're
requiring G' now.
Mr.. Milian: tnr✓ does it have to he a masonry wall? c•1hy.'no t a wood
fence?, ' I f-i nd it unpleasant to have a in,asonr, w.,.i in my.. back_: yard.
I don't- 'knaa `how Poolile in the 11-1 ::cane would feel ;.bout: 'semctlrind dike
that.
-7 January 3.0 , 1980 Item 1
P 1I3
`•1r. tqhipple: That is a valid Point. I would only suggest that we
felt that the permanency involved was a masonry wall; it was important
and if this Boardso desired, perhaps we Could introduce that flexibility
to the.type'of walls along to the Review Board so that they could
comment °and decide or work with the developer as to the type of wall.
I don't think I have any problem with that, do you Mr. Reid?
Mrs. Lichtenstein: P4r. .-Thipple, it shouldn't look: li!•:e a Chinese
wall uniformly across the back.Just so it doesn't look like an
institution along that R-1 that these peoule woulrl he looking at.
Mr. Whipple: I think we'll have some testimony tonight regarding
calls. We had occasion to try to work out a solution concerning walls
and it goes .from one end to the other.; those that don't want the wall
because they feel their light and air and visibility is being impaired;
and there's theothersthat want the wall as high as the law allows.
It's a,question that I don't think singularly, you can answer.
dr. Luaces: My question is swimming pools. Arr�'regulations in other
areas o'f the City the same as you are applying here? Everybody would
like to have a swimming pool and I understand the`requlations are not
the same. klhy?
mr. Whipple: The only difference is that the R-3A and this Ordinance
specify that they not occur in the rear yard which is adjacent to the
R-1 property that .is_on Miami' Avenue. we felt that if the pool could
be interior or on one of the sideareaslocated array from the single-
family residential that it mould not be as detrimental or problemary.
You could have one net to the wall in R-1 but not in the multiple -
family. There is a certain Philosophical point with regard to zoning
that single-family residential is deemed to be the highest zoning.
And we still respect that today. The single-family owner can basically
do what he wants in conformance with general guidelines and rules.
However, if there's an infringement on others, there is regulation
needed so it doesn't modify or be detrimental to the sanctity of the
single-family resident. That's what is being promoted here.
Mrs. Lichtenstein: ttr. 17tipple, I don't understand the Limitations
on Apartment Use, Section 2.` - (2):
ANY OUTSIDE SERVICE AND STORAGE AREAS OR
rACILITIE ST-TALL BE PROPERLY SCREENED
FROM vlmn FROM A14Y PUBLIC RIGIIT'OF-WAY.
FSr. S9hipple : This was ' probably ,the "second or, third amendment to the
R-3A that was put in and what was simply happening is that`the:end
of the'parking;;area you have an opening and.you:go into the `parking
area and right at the very end, as you stand in the driveway, you
can see the dumpsters or the garbage cans or you have a trash area, say,
out near the front which is exposed as you're going down the street; not
necessarily directly on the street but you know, you could see the
dumpsters pitting there right in the front yard and we feel this isn't
the character of nrickell Avenue. So we're simply requiring that it
not be visible from the Public -right-of-way; that they can nut tip a
wall; keep it in the back and do a return enclosure if it's up in the
front so that you cannot see this trash or narbaae area.
Mrs. Lichtenstein: I didn't know ;ghat the intent was there,. ,either
a wall or landscaping or. what.
Mr. Whipple: The R-3A provision as it exists today requires ;Site
elan approval by the Planning Department. And when we have a provision
li}ce that, we make sure `it's substantial in nature and that it is
screened before we -willsign off the plans. flow he U.D.R:6'. will.be
-a- January 16, 1980 Item 1
PAB
doinq this and we'll probably be a5sistinc.t. So It is a judgment item
but it's brincting to the attention of'a developer that, something has
to be done. You just can't put it out in the street; you'll have to
screen it with a wall or hide it; put it behind the building even or
whatever.
Mrs, Rockafellar: Are there any more questions before we qo
into the public hearing?Being none`, are will hear first from all those
who are in favor of the new R-3B.'
Mr. Broom: My name is George Brown. I live at.`9221 S,111 70th
Street. I'm employed by the Green Comt)anies which owns �11 a' c xoberty
that's involved in tile area to be rezoned.
I think it's important to'realize ,that this proposed new
district has been in a crucible for a long time now. For over 'a year,
we and another orooerty owner in the area now shown as R-1 have,been
before various Boards of the City ,or the City Commissiontrying to
wort: out an approach that's satisfactor,i to us and to the community
to allow the Brickell Avenue area to reach a conclusion. This Ordinance
reduces the R-3A as a present zoning that was promised basically to the
R-1 area in the past by 331, It increases the minimum sire of the unit.
I believe it offers a likely improvement in architectural design because
for the first time, the Review Board will be able to allow modifications
to tote into concept overhangs, privacy areas and other things that
were not in the original R-3A.
The City of Miami's R-3A as it consists today, penalizes the
developer any time he breaks a wall; any time lie doesn't build a square
boy:, lie ctoes straight up and down. The City Commission has told us and
other people that they were unhappy were the R--3A and we responded both
to the Planninq Board and the City Commission that one of the problems
of the"R-3A district was simply there was no way to sav that you can
change the wall without being penalized. In ordex to have an overhang
over your front door, for instance, it's possible because you look, at
the F F.A.R. from a bird's eye view but you will lode that floor area not
only on the second floor .-there you could use, it, but you also lose it
oil the first floor where you've actually provide..d a benefit by having
an overhang so that you're not standing out in the rain as you open
the door.
Thereare a number of little -items that we wind up in this,
Ordinance,in the old R-M Ordinance., that there was no.fle:ibility'for
an intelligent director 'or the Planning Department to say, 'lie} r this
mattes'sense It's good for the community; it's good for the people in
the community.'
These changes in this Ordinance I think will lead to better develop-
ment of the R-3A that is presently exiistina You'll have better design.
The second thing that happens, I think, is that the present R-1 area
will be improved. That sounds funny. Presently there's about 1300
feet of I1-1 area. Of that, 600 feet is in developer's hands waiting
for eventual develonment- and that 600 feet has 4'or 5 houses on it
which are basically unoccupied. In addition, there's 100 feet of that
1300 feet that is vacant; nothing was ever built on it. And of the
remaining 600 feet, there are I believe 6 Houses and of those I think
there are 3 that are owner -occupied at this time. That district that'-,
sho...n 12-1 on Brickell from 15th Road south at this time, is not the
handsome district it ought to be. The reason is really that a lot of
it was never developed. It never way; a suitable - really South Miami
is a beautiful residential area but Brict;ell has forever almost, had
a very high traffic count; it had very high noise. Today, if you'll
look at the other side of the road where we're R-5A, these lots that
You're talking about now mating them 11-313, are Looking up at 15. to,
20-story buildings. Now they're set back nicely and they're lanclscaned
-9- January 16, 1980 Item 1
PAB
Commission, the Planning Advisory Board for a period now r.unninu close
to two years honing to be a h I n to r.1r�,v,?l.oa Ole property I'm addressi.nq
myself to this evening. During this period of time, the character of
Drickell Avenue is chanrrinq very substantially particularly on the west
side, we see this area now as one of very e;nensivp housinn. It has
been compelled by what has happened to constructioncosts, land costs
in that area and we are quite pleased in general with the'nlans that
are beina established for this new zoning district. We think.` however.,
that what's happening here isn't fully appreciated. The basic numbers
of .400 square feet per unit and a .6 F.A.R., at: that density implies
that there's goina to be 1440 square feet on the average per unit. We
believe it would be much more appropriate to have a much higher usable
area in these apartments. We see these houses selling in the neighbor-.
hood of $200,000. They're going to be a very natural complement to
what's on the other side of. South Miami Avenue in the rear. And in that
reaard, we see puttinq 100? of the parking underneath the building.
That attain creates a problem because if you take - and there's compli-
cated numbers involved here and I sometimes find it admirable and, in
e nlicable that people can sit in a meeting like this and really under-
stand it all. .Put we're talking about 2400 square feet of land area
providinct enouqh area for l unit with a .6 F.A.R. That's 1440 squaIre.
`
feet of buildable area within the F.A.R. definition. And with 2-)%
around cover, if you take the 237; of the 2,100, then you're un to,a
maximum area of 552 square feet. And you can't build more than 3'floors,
so that means vou're into 1656 square feet of maximum area. And -then
if you put the cars underneath it, and you take 400 'square feet, out
for that,. then you're down to 125G square feet there's no`w,:ay-you
can build 1450 square feet of F.A.R. with a 23ti ground cover i"f:you
are restricted by those parametors. And Lord }mows iihat happens when
all the setbacks, come in.
I'm alluding to a problem for which I thi.nlc I have,a solution: You're
giving the U.D.R.B. an opportunity to have in respect to,these
parameters. I wouldn't restrict that leeway, to one or tz,o sections, I.
thins; you ouaht to qo all the i'+Yav because if you don't you're 7q6ina to
put a harness around them th'-it's going to prevent: them from doing what
I believe you would agree ultimately would be. the.: right thing'to,.do.
So uositivel.y, I''d sugctcst where ,you haven't done it . t'nat the main
t;ii.n?s: Setbacks ground -cover_ and F.A.R. , to glve he U.1).?t..P,. sore`
authority when it's reviewed - the ;elan, thev think.in their wisdon
that it's a good onc', then rti%re there the riaht to make adjustments.
There are two other things in respect to this nroper.ty,,our nroperty
backs up to a 20' allevwav you miaht just shots then where that: is -
(nrojection map) so we don't immediately adjoin an R-1 district. , I'm
not sure technically, Richard, what this means. I mean , does:'.thc: road-
wav itself in fact be in R-l? Or is it really in this neco P=3B? Or
is it in a neverland? Is there any recoRnition'to the fact that we're
startingout with a 20' neutral none between us and the back yard. of a
single-family oemer on the other. side of the street? If'that isn't so,
and you're really goi:ncT ,to`" compel us to put a wall along the rear. of
our property line, are vou: really having us, in effect, 'just `,give;; over
to the People living behind 'us what really is our ricrht to half of. that
road?
I just have one more thing. In this document, you still address your-
self occasionally to anartments and anartment district I thinl: you
would want to clean that up and be: sure that the word 'an artment'
doesn't appear anywhere in this document. For.instance,,'Section 3.- AREA -
(1) APA TMF1'NT USE - I would think you would want to say townhouses.
Immediately above it in sub-paragrar)h (4) of Section 2 - it starts out -
'Ana rtine nts shall be ar.rancred'. This is really a town home district
1.4110re you're going to have el.ear--int homes that have common walls and I
suhrnit to you that the denial of: a swimMinq pool., private, to the town-
house owner is unreasonable. I ree no reason wily that person that's in
the 25' or 30' setback 4hatever itends un being in that yard, lie should
he denied the right of putti.na a pool there. I do see the wisdom of
-11- January 16, 1980 Item 1
PAt3
•• ••�•••yr LkLL.41.U.LJlt4 aim :coning anct nat+..t11CSC Departments'".
had not. raid ;heed' to testimony as ,presented in th,2 ...
followinct hcarinc7s
l., Zoning ;1.3041741 t',inutns of 'rj-_bruary.Gr ,1�7R,►,;.
h,n��: A, —I � ,
in a positive way,, we hope, ,a i _ sincrle-family ;development:
to.. _the
een .
.rig the
a series
pent so
for'
hich we
the.
14rs.- Alexander:. m e. ;Ctlnirman`, Members of"-theBoard, tir,
-lf- January 16, 1990`
i
w
F..i
Mr. Lorenzo
1
Tj U'a ce.". 0cfererl the , f0116winet resoluti.on anr3 no�icd
its aclot'A-i.on s''
RESOLUTION NO. 'PA 3`-80
RESOLUTim 1rcotirtrlri irlG 'ter] N1Ta]Di1T:r1T
_ .:
TO �COi•1PRr1iI?N::IVF ,",ONIIICT OROI:�1J1tdCJ?, .
G871 13Y ADDIt•Ir i1 IN ARTICLi VII-
L01+J DETISITY TOWNHOUSE R-3I3 DISTRICT,
AND PIROVIDIIIr A'r1I"sT] �1�FSc]ITIOtJ TO
ARTICLE II, SECTION 2 (9.1-a) FOR
TOIIrIIt0US1? 115. PER 7V113,14Dt1LNT ATTACHED.
TO t.M `.MAD1:' Al PART OF-Till",E f 1ItdUT1�S . .
Unon being
seconded by'Mr. Eduardo Calil, this .resoli tion :-ms
passed and adopter]
by the follo:iinq "vote
AYJ;S : Mmes.. ! Lichtenst -in, Rockafellar
T•less`rs. Calif"; Cor.rez Luz'c�s,'r t•1il`ian, Smith
NAYS: None'
Mr.:- Reid: Motion carries 7.- 0.
Y
777,
I
I (
""3tfAnv outs anrarcal or, 'arilit c;
shall be .pro,oer.ly screened. frotn` vie:v from. any
Tj tiblic rig}it-of-iaay.
(3)
�1n" open area at least five (5) fee; in widt}i, sha11
seoazate all bu1.l(3ings; from other uses of .tho site
such 'as paved drive:�ays , Waved :par}:nc�" reap ,and;
ot11er service ar."ras. This areashal"1 be maint,aine.d
in landscaping, walkcvays, patios, terraces or„similar,
ype"usage:
>(4)
TOM-111OUSE S" shall bearranaed and cle`signed 01 be.
cognizant of the "privacy_ needs of the adjacent ;yard
areas of;any 'abutting 12-1 or R-2 zoning district'.
Section 3.- 'ARBA,
(1)
Toccl"IOU sr:..us>J
(a) =The minimum lot area ahall be ten thousand r
(10�"00)' square" feet, and `the minimum s, r6'e_t.,1r. "
frontacre sha11 be one hundred' (100) feet.
Section. 4`. - YARDS
(1)
rRONT ""YARD
(a) every lot s}iall have a front yard not less than
wenty (20) feet in depth, unless a greeter;Yard
area is reaui'red by a'specia1 yard district:
(2)
'SIDE YARD" "
(a) Every lot used for townhouse"use shall .have`.sicle'
yards er with an a r�cate width. of thirty-six (36")
ferjr
et, each of. w}iich sha11 lie at least ;fifteen;" (.15)
feet in width f.or. a .Uuildind no e cceeding::a
height of: t%.Iclve '(12) feet. Igor buildings
:cecdinq a .hei.g11t" of twelv6" .(3.2) feet ecich'"side
(continued"on next rage)
-23- January 16 1980 Item`1
PAB
Section.S.-
HEIGHT
Al No building or, structure, or dart thereof,' shall he
erected or altered to a height exceedneJ two (2)
stories` or twenty-f-ive (25) ' feet except where par}Ung
is provided under the huildin'g, in which case the
7.
height 'shall not exceed thirty (30) feet.
Section 6'.-
LOT COVERAGE
(1) The combined.area occupied by all'principah and
accessory buildings shall ,not exceed (25) twenty-five
percent for buildinqs of a height;less than twenty.-
five (25) feet and shall not 'exceed twenty-three .> (23)
percent £or .buildings exceedincJ a lieiglit of t4enty-
five (25) feet, except as herein provided.
(2) The Urban Development Review Poard may permit lot
coverage adjustments', particularly to allow upper
level overhangs and to.accommodate £loot area ratio
bonuses':
Section 7.-
IMOOR :AREA RATIO
M. The, floor area ratioshall not exceed >..50. A floor
area ratio bonus of.1 may be.approved by the Urban
DevelopmentP.eview Foard provided,,that.;seventy-five '(75)
percent of'the q reuired parking is encio'sed under or
within a structure.
Section f3 . -
t�iIPJIt4Ut•1 FLOOR AREA
(a) The minimum floor area for a !dwelling unit shall.:be
one thousand (l000) •square feet.
Sc,!ction 9.-
USABLE OPENSPACE
There shall`be Provided :a minimum of three hundred (300)
square,feet of USA?ME OPJ3Ai SPACr; for each 111'nct `unit
erected upon any site.
:-25- January, l.G,=19:30m:.It1;.
PAB