HomeMy WebLinkAboutsubmittal.15101 BISCAYNE BOULEVARD
Chronology of Approval and Governing Law
1 Applicable criteria for Class II approval
2 Applicable SD -9 zoning regulations
3 November 20, 2003 — Zoning Referral signed by Zoning Administrator (Exhibit "2")
November 24, 2003 — Complete Application filed for Class II Special Permit
November 25, 2003 — Internal Design Review
4 January 1, 2004 — New criteria for approval of Class II Special Permits
January, 12, 2004 — resubmission of plans for Class II Special Permit approval
January 13, 2004 — 2nd Internal Design Review
5 March 17, 2004 — Urban Development Review Board approval (w/ conditions)
6 March 25, 2004 — Intended decision on Class II Special Permit issued
7 April 29, 2004 — SD -9 amendment #1 approved (# J-04-029)/ moratorium (denied)
May 4, 2004 — 3`d Internal Design Review
May 18, 2004 — 4th Internal Design Review
June 30, 2004 — resubmission of plans for Class II Special Permit
July 6, 2004 — 5th Internal Design Review
8 July 21, 2004 — final approval of Class II Special Permit (#03-0309)
9 July 30, 2004 — Appeal filed by Morningside Civic Association to Zoning Board
10 September 27, 2004 — SD -9 amendment #2 (File #04-00673)
11 October 4 2004 — Zoning Board denial of Appeal SUBM"ITTED 1 THE
FOR
PUB"L-111C P11KCORD
ITEM ?i. ON 0
Page 2
November 18, 2004 — City Commission approval of Appeal
December 9, 2004 — City Commission approval of rehearing of Appeal
12 September 22, 2005 — City Commission consideration of proposed amendment to SD -9
regulations (File # 04-00673a)
Section 2105.4 of the Zoning Ordinance indicates that if a complete application for a
development permit is properly filed prior to the effective date of any legislation which modifies
prior regulations then the original regulations of Zoning Ordinance No. 11000 will apply (See
Sec. 2105.4.1 attached hereto as Tab 13). Secondly, the applicant has up to 180 days from the
approval date of Class II Special Permit # 03-0309 (See Sec. 2105.4.1(b)) attached hereto as
Exhibit "1") to pull a building permit under the original ordinance that the Class II was filed
under. Finally, the Class II Special Permit (#03-0309) is permitted for the property as long as the
- applicable conditions therein are met.
Sincerely,
Lucia A. Dougherty
§ 1304 MIAMI, FLORIDA
unless and until the applications shall have been completed; all plans, reports or other
information, exhibits, or documents required by this zoning ordinance or administra-
tive rules adopted pursuant hereto shall have been provided; and all fees due at time
of filing shall have been paid.
1304.2.3. Application forms; supplementary materials. During processing of any applica-
tion, if it is determined by the designated agent, agency, or body of the city that in the
particular circumstances of the case additional information is required to make nec-
essary findings bearing on its approval, denial, or conditions and safeguards to be
attached, such information may be requested. Failure to supply such supplementary
information may be used as grounds for denial of the permit.
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 10976, § 1, 4-20-92; Ord. No. 11079, § 4, 7-22-93)
Sec. 1306. Considerations generally; standards; findings and determinations required.
As appropriate to the nature of the special permit involved and the particular circum-
stances of the case, the following considerations and standards shall apply generally, in ad-
dition to any other standards and requirements set forth concerning the class or kind of permit
being considered. City agents, agencies, or boards charged with decisions concerning special
permits shall make, or cause to be made, written findings and determinations concerning such
of the following matters as are applicable in the case, shall reflect such considerations and
standards specifically in the record, and shall be guided by such considerations and standards
in their decisions as to issuance of permits, with or without conditions and safeguards, or
denial of applications.
1305.1. Ingress and egress.
Review for adequacy shall be given to ingress and egress to the property and structure and
uses thereon, with particular reference to automotive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or other emergency.
1305.2. Offstreet parking and loading.
Review for adequacy shall be given to offstreet parking and loading facilities as related to
adjacent streets, with particular reference to automotive and pedestrian safety and conve-
nience, internal traffic flow and control, arrangement in relation to access in case of fire or
other emergency, and screening and landscaping.
1305.3. Refuse and service areas.
Review for adequacy shall be given to the location, scale, design, and screening of refuse
and service areas; to the manner in which refuse is to be stored; and to the manner and timing
of refuse collection and deliveries, shipments, or other service activities, as such matters relate
to the location and nature of uses on adjoining properties and to the location and character of
adjoining public ways.
1305.4. Signs and lighting.
Supp. No. 2 462
�-y
I
ZONING § 1306
J
Review for adequacy shall be given to the number, size, character, location, and orienta-
tion of proposed signs, and of proposed lighting for signs and premises, with particular refer-
ence to traffic safety, glare, and compatibility and harmony with adjoining and nearby prop-
erty and the character of the area.
1305.5. Utilities.
Review for adequacy shall be given to utilities required, with particular reference to
availability and capacity of systems, location of connections, and potentially adverse appear-
ance or other adverse effects on adjoining and nearby property and the character of the area.
1305.6. Drainage.
Review for adequacy shall be given to provision for drainage, with particular reference to
effect on adjoining and nearby properties and on general drainage systems in the area. Where
major drainage volumes appear likely and capacity of available systems is found marginal or
inadequate, consideration shall be given to possibilities for recharge of groundwater supply on
the property, temporary retention with gradual discharge, or other remedial measures.
1305.7. Preservation of natural features.
Review for appropriateness shall be given to provision for the preservation of existing
vegetation and geological features whenever possible.
1305.8. Control of potentially adverse effects generally.
In addition to the review of detailed items indicated above, as appropriate to the particular
class or kind of special permit and the circumstances of the particular case, review for appro-
priateness shall be given to potentially adverse effects generally on adjoining and nearby
properties, the area, the neighborhood, or the city, of the use or occupancy as proposed, or its
location, construction, design, character, scale or manner of operation. Where such potentially
adverse effects are found, consideration shall be given to special remedial measures appro-
priate in the particular circumstances of the case, including screening or buffering, land-
scaping, control of manner or hours of operation, alteration of proposed design or construction
of buildings, relocation of proposed open space or alteration of use of such space, or such other
measures as are required to assure that such potential adverse effects will be eliminated or
minimized to the maximum extent reasonably feasible, and that the use or occupancy will be
compatible and harmonious with other development in the area to a degree which will avoid
substantial depreciation of the value of nearby property.
W (Ord. No. 10863, § 1, 3-28-91; Ord. No. 10976, § 1, 4-20-92)
Sec. 1306. Conditions and safeguards.
The agent, agency, or body of the city designated by this zoning ordinance as having
responsibility for issuance or denial of each of the classes of special permits set out in this
article 13 shall have authority to attach to the grant of any such special permit such conditions
and safeguards as may be necessary for the purposes of this zoning ordinance in the particular
case.
Supp. No. 2 463
§ 1306 MIAMI, FLORIDA
Such conditions and safeguards, if attached to grant of special permit, shall be based upon
and consistent with considerations and standards applicable to the class or kind of special
permit involved as set out in section 1305 of this ordinance, Considerations generally; findings
and determinations required, and in other provisions relating to the particular class or kind
of permit. The requirement for any such conditions or safeguards shall be supported by stated
reasons therefor, based upon such considerations and standards, and no such condition or
safeguard shall establish special limitations and/or requirements beyond those reasonably
necessary for the accomplishment of the purpose for which the condition or safeguard is
attached.
Failure to comply with conditions and safeguards, when attached to grant of special
permit, shall be deemed a violation of this zoning ordinance. See section 2108, Action on
violations; remedies for violations on Class I or Class II special permits; and section 2109,
Penalties for violations on Special Exceptions.
(Ord. No. 10863, § 1, 3-28-91; Ord. No.11057, § 1, 3-25.93)
Sec. 1307. Notice and hearing generally; availability of recommendations; records.
It is the intent of this zoning ordinance that requirements herein set out for notice and
hearing, whether formal or informal, for the several types of special permits are to be deemed
sufficient for meeting the standards of due process for the specific permit for which application
is made.
1307.1. Information on which decision is based to be public and available to applicant.
Each agent, agency, or body of the city responsible for decision on special permits shall
afford to the applicant full information on which the decision of the agent, agency, or body of
the city is based; and full opportunity shall be given to the applicant, prior to reaching final
adverse or conditional decision, to provide additional information of a rebuttal nature. All
information on which the decision of the agent, agency, or body of the city is based in addition
to the decision shall be available to the public in accordance with state law.
1307.2. Required record of formal hearings, informal conferences.
Records shall be maintained of any formal or informal hearing or conference in connection
with special permits, and the same shall be a public record. Such records shall include, but not
be limited to, all material necessary for decisions, supporting conditions, and safeguards, if.
any, attached to special permits, and to any agreements established in relation thereto, or to
any disagreements and reasons therefor. On payment of any costs involved in reproduction,
copies of all or portions of such records shall be made available to applicants and other
interested parties on request.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 1308. Actions following decisions on special permits.
Following decisions on special permits, the following actions shall be taken promptly:
n
1308.1. Notification of decisions...
Supp. No, 2 464
ZONING
§ 609.2
provided that the location of the offsite parking is within one thousand (1,000) feet
radius of the principal use, or there are permanent provisions made to transport the
offaite parking patrons to and from the principal site at the property owner's expense.
2. Structural alterations and additions to existing buildings with nonconforming offstreet
parking characteristics shall be permitted only if the following provisions are met:
a. Twenty-five (25) percent or more of the minimum offstreet parking requirements
are met by the existing building, either onsite or offsite; however, if the existing
building provides more than twenty-five (25) percent, there shall not be a
reduction in the existing percentage.
b. The new addition shall meet the minimum offstreet parking requirement for its
total floor area.
3. For individual restaurants which do not exceed eighteen hundred (1800) square feet
of floor area, there shall be a minimum of one (1) parking space per two hundred (200)
square feet of gross floor area, subject to a Class I Special Permit, examination of the
ownership or lease, referral to the offstreet parking department and annual review.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91)
Sec. 608.11. Limitations on signs.
Limitations on signs shall be as for C-1 districts.
(Ord. No. 10863, § 1, 3-28-91)
Sec. 609. SD -9 Biscayne Boulevard North Overlay District.
Sec. 609.1. Intent.
Biscayne Boulevard North is one (1) of the major gateways to the City of Miami. This
overlay district is of special and substantial public interest because of the need to upgrade the
amenities and visual qualities of the boulevard. Itis intended that future public and private
development shall respect and enhance this gateway role by providing well landscaped
development along the boulevard; to encourage appropriate development and to assure
appropriate uses along the boulevard by modifying the use regulations of underlying districts.
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 11022, § 1, 11-12-92)
Sec. 609.2. Effect of SD -9 district designation.
The effect of these SD -9 regulations shall be to modify regulations within portions of other
zoning districts included within the SD boundaries to the extent indicated herein.
(Ord. No. 10863, § 1, 3-28-91)
Supp. No. 4 229
§ 609.3 MIAMI, FLORIDA
Sec. 609.3. Claes II Special Permit.
609.3.1. When required.
A Class II Special Permit shall be required prior to approval of any permit (except special
permits pursuant to article 13) affecting the height, bulk, location or exterior configuration of
any existing building; or for the erection of any new building; demolition permits; or for the
location, relocation or alteration of any structure, parking area or vehicular way visible from
a public street.
609.3.2. Consideration in making Class 11 Special Permit determinations.
The purpose of the Class II Special Permit shall be to ensure conformity of the application
with the expressed intent of this district, with the general considerations listed in section 1305,
and with the special considerations listed below. In making determinations concerning
construction of new principal buildings or substantial exterior alterations of existing principal
buildings, the director of the planning, building and zoning department shall obtain the
recommendation of the Urban Development Review Board and consider applicable City of
Miami design standards and guidelines.
(1) Along Biscayne Boulevard, the pedestrian open space at the ground floor frontage
shall be so designed, improved and located to provide an attractively landscaped
appearance using royal palms and other types of tropical plants suitable to its
gateway role.
(2) Offstreet parking shall not be placed in required yards or required open space
adjacent to Biscayne Boulevard, and vehicular entrances shall be prohibited along the
boulevard when access from other public rights-of-way is available.
(3) Interim landscape. Prior to demolition and removal of existing structures, pavement
and vegetation from a development site, the owner or developer shall be required to
obtain all demolition approvals and tree removal permits as necessary. The zoning
official may require as a condition of approval for a demolition permit, that sites of
demolition shall not be left in a barren, undeveloped state without commencement of
vertical construction or revegetation within sixty (60) days of clearing. R.evegetation
shall include sodding with grasses or other ground cover to prevent soil erosion and
blowing of airborne particulate matters and debris. Owner will be required to
maintain the landscape.
609.3.3. Limitation of use of chain link fence.
Chain link fence shall not be placed in required open space adjacent to Biscayne Boulevard
unless it is of a temporary nature to secure an unsafe structure prior to demolition or has been
visually screened with landscape material.
(Ord. No. 10863, § 1, 3-28-91; Ord. No. 11022, § 1, 11-12-92; Ord. No. 11258, § 1, 5-1-952)
Supp. No. 4 230
ZONING
§ 609.7
Sec. 609.4. Permitted principal uses and structures.
Principal uses and structures are as permitted generally or conditionally by special permit
in the underlying district, except the following uses shall not be permitted:
1. Bars, saloons and taverns.
2. Convalescent homes, nursing homes, institutions for the aged or infirm, foster homes,
group homes and orphanages.
3. Hotels, residence hotels, motels, tourist homes, lodginghouses, single room occupancy
facilities, guest homes and other transitory residential uses generally not evidenced by
a leasehold transaction_
4. Community based residential facilities.
5. Private clubs, lodges, fraternities and sororities operated for profit.
6. Coin laundry operations.
7. Clinics, medical or dental.
8. Pool halls, billiard parlors, and game rooms.
(Ord.. No. 10863, § 1, 3-28-91; Ord. No. 11022, § 1, 11-12-92; Ord. No. 11258, § 1, 5-1-95; Ord.
No. 11385, § 2, 7-25-96; Ord. No. 11901, § 2, 2-17-00)
Sec. 609.8. Conditional principal uses.
Same as for the underlying district with the limitations contained in section 609.4; and in
addition, for the C-1 district only:
1. Commercial parking lots only by Special Exception,
2. Automotive service stations and car washes only by Special Exception.
3. Retail establishments operating from the hours of midnight to 6:00 a.m. only by Special
y Exception.
(Ord. No. 11022, § 1, 11-12-92; Ord. No. 11258, § 1, 5-1-95; Ord. No. 11385, § 2, 7-25-96; Ord.
No. 11901, § 2, 2-17-00)
Sec. 609.6. Principal accessory uses.
Same as for the underlying district with the limitations contained in section 609.4.
(Ord. No. 11022, § 1, 11-12-92)
Sec. 609.7. Conditional accessory uses.
Same as for the underlying district with the limitations contained in section 609.4, and
_ including the following:
1. A. Where the underlying district is O Office, photographic studios, outdoor photog-
raphy and associated stage sets, only in conjunction with photographers offices,
and only by Class II Special. Permit;
B. Where the underlying district is C-1, Restricted Commercial, outdoor photogra-
phy and associated stage sets only in conjunction with photographers studios, and
only by Class II Special Permit.
(Ord. No. 11022, § 1, 11-12-92; Ord. No. 11767, § 2, 2-23-99)
Sapp, No. 7 230.1
§ 609.8 MIAMI, FLORIDA
Sec. 608.8. Limitations on signs.
Sign limitations shall be as for C-1 districts, except for properties which have direct frontage
along Biscayne Boulevard or which have frontage within one hundred (100) feet of Biscayne
Boulevard, in which case sign limitations shall be as provided below:
609.8.1. General limitations.
609.8.1.1. Signs more than fifteen (15) feet above grade.
a) Signs more than fifteen (15) feet above grade, but less than fifty (50) feet above
grade. Signs erected with their lowest portions more than fifteen (15) feet above
grade shall be limited to those identifying the building and the nature of the
establishments it _contains. Except as provided below, only one (1) such sign, not
exceeding fifty (50) square feet in area for every one hundred fifty (150) feet of
length of building wall oriented toward the street, shall be permitted. In addition
to the Class II Special Permit required for such signs, referral to the urban
development review board shall be mandatory for signs fifteen (15) feet above
grade that exceed. the allowable fifty (50) square feet of sign area. Area of such
signs shall in no case exceed 1.5 square feet for each lineal foot of building wall
frontage on a street.
b) Signs more than fifty (50) feet above grade. Signs erected with their lowest
portions more than fifty (50) feet above grade shall be regulated generally by the
limitations of section 926.16 of this zoning ordinance (including the criteria stated
therein) except for the limitations on the sizes of the letters which shall be as
follows:
.� 1. Letters of signs on buildings with a height of one hundred (100) feet or more
shall be permitted up to a height of eight (8) feet; and
2. Letters of signs on buildings with a height of one hundred fifty (150) feet or
more shall be permitted up to a height of ten (10) feet.
In addition to the Class II Special Permit required for such signs, referral to the
urban development review board shall be mandatory.
609.8.1.2. Signs fifteen (15) feet or less above grade, limitations on number and area. Wall
signs (not including signs in glassed areas of windows or doors) and projecting signs
erected with their highest portion fifteen (15) feet or less above grade shall be limited
in total area to twenty (20) square feet, except as otherwise specifically provided herein
(see section 609.8.2). Signs in glassed areas of windows and doors shall not exceed
twenty (20) percent of the glassed area of the window or door involved.
609.8.1.3. Prohibited signs. Billboards, poster panels, balloon signs, ground or freestanding
signs and other outdoor advertising signs shall be prohibited in this district. Other
offsite signs shall be prohibited except for temporary civic and political campaign signs
or except when signs are posted on community or neighborhood bulletin boards or
Supp. No. 7 230.2
ZONING
§ 610.1
kiosks, in accordance with limitations and regulations relating thereto at section
926.3.10 and those in special permits proceedings on particular community or
neighborhood bulletin boards or kiosks.
609.8.2. Detailed limitations, wall signs, projecting signs, window signs.
609.8.2.1. Within twenty (20) square feet maximum allowable, at or below fifteen (15) feet
above grade, the following limitations shall apply to number and area of signs. Not more than
one (1) wall sign may be erected per establishment unless the establishment has frontage along
two (2) streets, in which case two (2) wall signs shall be permitted, one (1) on each wall fronting
a street, and the maximum area of any such sign shall be twenty (20) square feet. Not more
than one (1) projecting sign, other than a marquee sign, shall be erected, with not to exceed two
(2) surfaces, neither of which shall exceed twenty-five (25) square feet in area. No such sign
structure shall extend more than three (3) feet from the wall of the building. Marquee signs
shall be limited to one (1) per establishment and three (3) square feet in sign area.
609.8.3. Directional signs, number and area.
Directional signs, which may be combined with address signs, but shall bear no advertising
manner [matter], may be erected to guide entrances, exits or parking areas. Not more than one
(1) such sign, not exceeding five (5) square feet in area, shall be erected per entrance, exit or
parking area.
(Ord. No. 11022, § 1, 11-12-92; Ord. No. 11258, § 1, 5-1-95; Ord. No. 11315, § 1, 9-28-95; Ord.
No. 11862, § 2, 11-19-99)
Sec. 610. SD -10 Jackson Memorial Hospital Medical Center Overlay District.
(Ord. No. 10749, § 1, 6-28-90; Ord. No. 10863, § 1, 3-28-91)
Sec. 610.1. Intent.
This district is of special and substantial public interest because it comprises various
hospital and health care facilities and related facilities, the majority of which are governed by
the Public Health Trust of Dade County, or by the University of Miami School of Medicine, or
other entities which together provide the highest level of medical care to the public and private
patients of Dade County and the City of Miami. It is the intent of this district to encourage the
use of public transportation—Metrorail, Metromover and Metrobus—through incentives such
as a shuttle system and the incentives provided in this district. Because of its central location
and accessibility to public transportation and because of the unique nature of this coordinated
health care delivery area, with the resulting unique problems and characteristics relating to
parking spaces, traffic flow, directional signs, and landscaping, it is the intent of this district,
insofar as possible, to treat all the land in the district as a single entity, rather than individual
parcels.
(Ord. No. 10749, § 1, 6-28-90; Ord. No. 10863, § 1, 3-28-91)
Supp. No. 7 230.3
1
OWNER
Chetbro Inc.
CLASS If SPECIAL PERMIT
ZONING REFERRAL
COMPLETED BY APPLICANT
OWNER PHONE NUMBER
CLA, II SPECIAL PERMIT
NO.�003 U- �d_
APPLICANT APPLICANT PHONE NUMBER / FAX NUMBER
Lucia A. Dougherty c/o Greenberg Traurig (305) 579-0603 (305) 961-5603
APPLICANT ADDRESS i ZIP CODE
1221 Brickell Avenue, Miami, Florida 33131
BUILDING PLAN APPLICATION NUMBER
COMPLETED BY ZONING PLANS EXAMINER
510# Biscayne Blvd 5104, Biscayne Blvd. Miami, FI
PROJECT NAME PROJECT ADDRESS I ZIP CODE
New Construction
PROPOSED USE
NET
of new construction
OF APPLICA'
ZONING DESIGNATION
Section 609.3.2 , 0 ;�'. - ' j 'Z'r' ! "
APPLICABLE SECTION OF ZONING ORDINANCE
Pursuant to
® Permit. Per
CERTIFICATION
ATLAgSHEET
fee schedule, a fee of $1,997.00 shall be required prior to the review and issuance of this Class II Special
es are non-refundable.
FFIC AL FqOTARYSEAL
MARISOL R GONZALEZ f t
PROPERTY ER 1 PI TRI.IC NOTARY l
Lucia A. Dougherty, as Attorney
COMMISSION NO. DD248M2
r 0MM1SSION RXP. SEPT 17.E
The subject proposal has been reviewed by Zoning Division of the Planning & Zoning Department. It is found to be in
comphan t a pplicable zoning regulations and requires a Class II Special Permit pursuant to the above cited section(s)
of Ord' ante1 I as amended, the Zoning Ordinance of the City of Miami, Florida.
ZONING
CLASS II COORDINATOR
TE
DATE
A building permit for the work proposed herein and/or a certificate of occupancy and/or certificate of use for the use proposed
herein, must be obtained within one (1) year from the issuance of this special permit, at which point the special permit shall
expire, unless extended.
kRTICLE 13. SPECIAL PERMITS; GENERALLY* Page 6 of 12
1305
Sec. 1305. Considerations generally; criteria; standards; findings and determinations
required.
The City agent, board, or commission that is charged with decisions concerning each of the special
permits shall review the proposal before them and shall make, or cause to be made, written findings and
determinations in accordance with the established applicable criteria set forth in this zoning ordinance and
the City Code. Such findings shall be used to approve, approve with conditions, or deny the pending
application.
Approvals shall be issued when such application complies with all applicable criteria.
Conditional approvals, shall be issued when such applications require conditions in order to be found
in compliance with all applicable criteria.
Denials of applications shall be issued if after conditions and safeguards have been considered, the
application still fails to comply with all applicable criteria.
1305.1. Temporary use%ccupancy; criteria and mandatory referrals.
1305.1.1. Referrals.
As appropriate to the nature of the temporary use and/or occupancy of the special
permit involved and particular circumstances of the case, the following conditions
enumerated in this sub -section in addition to any other specific consideration (s) set
forth elsewhere in the City Code, this zoning ordinance, or any other applicable
regulation(s) shall apply:
Referrals: The zoning administrator shall make referrals as specified herein
based on the nature of the application.
Zoning. Review by zoning for compliance with applicable zoning regulations.
Fire. Referral to the Fire Rescue and Inspection Services department for review
of fire safety controls as determined by the department.
Police. Referral to the Police Department for review of traffic safety, including
provisions of traffic monitors; crowd control measures; and any other life/safety
issues as determined by the department.
NET. Referral to the appropriate NET Service Center Office for review and
approval of operational plan, which shall include: number of trash receptacles
and locations, frequency of trash pick-up, name and 24-hour telephone number
of contact person responsible for handling maintenance and/or emergency
issues, noise control measures, and any other specific considerations that the
NET Administrator deems necessary in order to make an informed
recommendation based on the nature of the application.
Other. Referral to other governmental agencies with the necessary expertise
that the Zoning Administrator requires based on the nature of the application in
order to make an informed decision.
TABLE INSET:
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ARTICLE 13. SPECIAL PERMITS; GENERALLY*
signs
or neighborhood bulletin boards or kiosks
tree sales on a vacant lot or portions of a lot
Sale of goods pertaining to a national legal holiday
Outdoor display of produce and foods.
machines
delivery receptacles other than US Mall
special event
emporary carnival, festival, fair or special event
access for emergency vehicles through private residential districts.
and cyclist access through private residential districts
offstreet offsite parking for construction crew
parking for portions of SD -2
1305.1.2. Criteria.
Page 7 of 12
Approvals of Class I Special Permits for temporary activities by the Zoning
Administrator shall be based on the criteria utilized by the different agencies upon
which referrals were made. Such criteria shall be as determined by each of the
technical agencies and as regulated by other applicable laws. The Zoning
Administrator shall review comments as provided by each agency to determine
whether the proposed request for temporary activity complies with all of the individual
criteria. A recommendation of denial by any particular agency shall be accompanied by
specific findings from such agency which enumerates how the request does not
comply with their individual criteria. The duration of each such temporary
use/occupancy shall be clearly stated within the approved Class I Special Permit.
1305.2. Design review criteria.
As appropriate to the nature of the special permit involved and the particular circumstances of
the case, the following considerations and design criteria as specified on the following table
shall apply to issues related to design, character and compatibility of the proposed application
in addition to any other specific consideration (s) set forth elsewhere in this zoning ordinance,
the City Code, or any other applicable regulation(s). Special consideration shall also be given
to redevelopment activity within Community Revitalization Districts and/or where a plan is in
place. For the purposes of this Section a "plan" shall mean a master plan, Design Guides and
Standards or special zoning district.
TABLE INSET:
DESIGN REVIEW CRITERIA
LIBERAL
RESTRICTED
FFICE AN
MULTIFAMILY
LOW DENSITY
INDUSTRIAL
OMMERCIAL
OMMERCIAL
INSTITUTIONAL
ESIDENTIAL
RESIDENTIAL
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kRTICLE 13. SPECIAL PERMITS; GENERALLY*
Page 8 of 12
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1. Site & Urban Planning:
1) Respond to the physical contextual
environment taking into consideration
urban form and natural features.
2) Siting should minimize the impact o
automobile parking and driveways on the
pedestrian environment and adjacent
properties.
3) Buildings on corner lots should be
oriented to the corner and public street
fronts.
t. Architecture and Landscape
Architecture:
1) A project shall be designed to comp(
ith all applicable landscape ordinances.
2) Respond to the neighborhood context.
3) Create a transition in bulk and scale.
4) Use architectural styles and details
such as roof lines and fenestration),
tors and materials derivative from
surrounding area.
5) Articulate the building facade vertical)
and horizontally in intervals that conform
o the existing structures in the vicinity.
Ill. Pedestrian Oriented Development:
1) Promote pedestrian interaction.
2) Design facades that respond primarily
o the human scale.
3) Provide active, not blank facades.
Where blank walls are unavoidable, the
should receive design treatment.
V. Streetscape and Open Space:
1) Provide usable open space that allow
or convenient and visible pedestrian
access from the public sidewalk.
2) Landscaping, including plant material,
Ilises, special pavements, screen walls,
Page 8 of 12
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ARTICLE 13. SPECIAL PERMITS; GENERALLY*
planters and similar features should beX
X
appropriately incorporated to enhance the
project.
V. Vehicular Access and Parking:
(1) Design for pedestrian and vehicular
X
afety to minimize conflict points.
2) Minimize the number and width o
riveways and curb cuts.
3) Parking adjacent to a street front
should be minimized and where possible
X
should be located behind the building.
(4) Use surface parking areas as district
buffer.
Vt. Screening:
1) Provide landscaping that screen
undesirable elements, such as surface
X
parking lots, and that enhances space
and architecture.
2) Building sites should locate service
l( lements like trash dumpster, loading
ocks, and mechanical equipment away
from street front where possible. When
elements such as dumpsters, utility
meters, mechanical units and service
areas cannot be located away from the
street front they should be situated and
Greened from view to street and adjacen
properties.
3) Screen parking garage structures with
program uses. Where program uses are
of feasible soften the garage structure
with trellises, landscaping, and/or othe
citable design element,
Vll. Signage and Lighting:
1) Design signage appropriate for the
Gale and character of the project andX
X
X
immediate neighborhood.
2) Provide lighting as a design feature t
he building facade, on and aroun
andscape areas, special building or sit
eatures, and/or signage.
3) Orient outside lighting to minimizeX
tare to adjacent properties.
4) Provide visible signage identifying
Page 9 of 12
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ARTICLE 13. SPECIAL PERMITS; GENERALLY*
building addresses at the entrance(s) as
functional and aesthetic consideration.
Vlll. Preservation of Natural Features:
Preserve existing vegetation andlo
ological features whenever possible.
ke
IX Modification of Nonconformities:
See sec. 1105 of this zoning ordinance
or specific regulations.
In addition to the applicable criteria as se
orth by the Director of the Planning and
oning Department per sec. 1105, the
ollowing criteria shall apply in making
eterminations for Class II Special
Permits:
1) For modifications of nonconforming
tructures, no increase in the degree o
nonconformity shall be allowed.
2) Modifications that conform to current
regulations shall be designed to conform
o the scale and context of the
[nonconforming structure.
Page 10 of 12
1305.2.1. Status of prior development and application for development.
All development in existence, or any complete application for development filed prior to
January 1, 2004 that does not comply with the criteria specified in Section 1305.2 shall
not be considered a non -conformity for purposes of Article 11 and all other applicable
Sectors of this ordinance.
3. Use and occupancy criteria.
As appropriate to the nature of the special permit involved and the particular circumstances of
the case, the following considerations and criteria as specified below shall apply to issues
related to use and occupancy of the proposed application in addition to any other specific
consideration(s) set forth elsewhere in this zoning ordinance, the City Code, or any other
applicable regulation(s).
1305.3.1. Manner of operation.
Review for adequacy shall be given to the manner in which the proposed use will
operate given its specific location and proximity to less intense uses. Particular
consideration shall be given to protecting the residential areas from excessive noise,
fumes, odors, commercial vehicle intrusion, traffic conflicts, and the spillover effect of
light.
1305.3.2. Design.
Applicable design review criteria as specified in Section 1305.2 shall apply.
(Ord. No. 12467, § 2, 12-18-03)
Sec. 1306. Conditions and safeguards.
The agent, agency, or body of the City designated by this zoning ordinance as having responsibility
for issuance or denial of each of the classes of special permits set out in this Article 13 shall have authority to
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U RBAN DEV EL.OPM ENT REVIEW BOARD
RES o L1) T10N: U DRB 3-17-04-4
A resolution recommending Approval with conditions for a Class II Special Permit for
5101 Biscayne Blvd. located at 5101 Biscayne Blvd..
Meeting Date: March 17, 2004
Item No.: 4
Motion to Approve:
Vote: 5-0
Conditions:
Atte,
Revisit the facade along the garage that are designed to appear residential in
fashion. These facades shall be articulated and designed to not appear garage -
like or residential -like.
u
•a •ue`Nufiez — UDRB Officer
CITY OF MIAMI
CLASS II SPECIAL PERMIT
INTENDED DECISION
To: Lucia A. Dougherty, Esq.
c/o Greenberg Traurig
1221 Brickell Ave
Miami, FL. 33131
From: Ana Gelabert, Director
Planning and Zoning Department
PLEASE TAKE NOTICE THAT A INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: New Construction (5101 Biscayne Blvd)
Address: 5101 Biscayne Blvd., Upper Eastside
Final Decision:
❑ Approval
Q Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for Class II Special Permit pursuant to Article 15, Section
609.3, 1512 and 923.2 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida. Section 609.3 states explicitly that a Class II Special Permit shall be required prior to approval
of any permit affecting the location, relocation or alteration of any structure, sign, awning, landscaping,
parking, area or vehicular way visible from a public street. Section 1512 states that unless otherwise
required by the Zoning Ordinance, as amended, the Code of the City of Miami, as amended or the
South Florida Building Code, as amended, all City of Miami Design Standards and Guidelines,
incorporated herein by reference, may be waived pursuant to a Class II Special Permit. Section 923.2.1
states that reduction in loading stalls shall be only by Class II Special Permit.
Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Planning and Zoning
Department has made referrals to the following Departments and Boards.
• Zoning Division, Planning and Zoning Department.
• Upper Eastside NET Office, Neighborhood Enhancement Team.
• UDRB, Urban Development Review Board.
Their comments and recommendations have been duly considered and are reflected in this intended
decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following
findings have been made:
FINDINGS
• It is found that the proposed project is a mixed-use building consisting of residential units (89) and
common areas (4,799) sq.ft with parking garage.
• It is found that the proposed project was initially reviewed by the Internal Design Review
Committee on November 25, 2003. The committee recommended sending it back to the architect
in order to give the opportunity to respond to the committee comments.
• It is found that a modified project was reviewed by the Design Review Committee on January 25,
2004 but the original comments are still pending and have not been resolve.
• It is found that the building mass is out of scale with the existing context of single family homes to
the east, also, the building's height should be compatible with the new regulations that are in
process of being adopted for this part of Biscayne Boulevard, which specify a height limit of (8)
stories and ninety five (95) feet maximum height.
• It is found that a liner program of active habitable space for the parking garage shall be provide for
the entire Biscayne Boulevard frontage in order to conceal the parking garage from the public view
and create a more active and attractive facade appropriate for the Biscayne Boulevard Corridor.
• It is found that although the landscape plan submitted with this application complies with the
Miami -Dade Landscape Ordinance, an existing landscape survey with tree disposition plan shall be
required.
• On January 21, 2004 the Urban Development Review Board reviewed and deferred for the next
meeting the subject proposal.
• On March 17, 2004 the Urban Review Board reviewed and approved with conditions the subject
proposal.
• It is found that with regard to the criteria set forth in Sec. 1305 of the City of Miami Zoning
Ordinance, the application has been reviewed and found sufficient except for the issues listed
above and contained in the conditions.
Based on the above findings and the considered advice of the officers and agencies consulted on this
matter and pursuant to Section 1306 of the Zoning Ordinance, the subject. proposal is hereby
approved with conditions as presented in the plans and supporting materials submitted by the
applicant and on file with the Department of Planning and Development and further subject to the
following conditions:
1. The building shall have a limit of (8) stories and ninety five (95) feet maximum height.
2. Al liner program for the parking garage shall be provided for the entire Biscayne Boulevard
frontage.
3. An existing landscape survey with tree disposition plan shall be submitted to the Planning and
Zoning Department in order to be able to approve the landscape plan.
4. The applicant shall comply with the conditions addressed by the UDRB and the Internal Design
Review Committee.
5. New plans shall be submitted to the Planning and Zoning Department for review and approval
before issuance of any building permit.
2
NOTICE
Within five (5) calendar days of receipt of this notification, the applicant may request a
conference between the applicant and/or the applicant's agent and the Director of Planning and
Zoning Department and such representatives of the referenced officers, agencies, or
departments as the applicant desires for the purpose of presenting additional facts, arguments,
information or data in support of the applicant's position. The applicant's request should be
made directly to the Director of the Planning and Zoning Department in writing. For additional
information, please call Edelberto Perez at (305) 416-1400.
Signature Date
An a abert, MAceor
Planning and Zoning Department
J-04-029
02/12/04
q0 f SP —1 6)
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY
COMMISSION AMENDING ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE 6, SPECIAL DISTRICTS, IN ORDER
TO AMEND SEC. 609. SD -9 BISCAYNE
BOULEVARD NORTH OVERLAY DISTRICT TO
MODIFY SPECIAL DISTRICT REQUIREMENTS,
INCLUDING REQUIREMENTS RELATED TO
HEIGHT, SETBACK AMD FOOTPRINT
LIMITATIONS AND TO INCORPORATE CERTAIN
DESIGN STANDARDS AND GUIDELINES;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its
meeting of February 4, 2004, Item No. 1, following an
advertised hearing, adopted Resolution No. PAB 10-04 by a
vote of five to three (5-3), RECOMMENDING APPROVAL cf
amending Zoning Ordinance No. 11000 as hereinafter set
forth; and
0
r
r�
<. 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 amend Ordinance No. 11000 as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE
CITY OF MIAMI, FLORIDA:
Section 1. The recitals and findings contained in
the Preamble to this Ordinance are adopted by reference and
incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, is amended
by amending the text of said Ordinance as follows:!'
"ARTICLE 6. Special Zoning Districts
Sec. 608. SD -8 Miami Design District.
608.9. Maximum height.
Unless otherwise specified, the maximum height shall
be unlimited Un'ifa t -e , except that building walls
i shall not exceed forty (40) feet along the front base
1� Words and/or figures stricken through shall be deleted.
Underscored words and/or figures shall be added. The remaining
provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
Page 2 of 18
building line adjacent to any streets, and the
remaining building height may begin at a distance of
ten (10) feet back from the base building line.
608.13. Additional special limitations for properties
with frontage on Biscayne Boulevard.
Notwithstanding the height, footprint and setback
limitations set forth throughout Section 608, the
following limitations shall be adhered to for all
development located on properties with an SD -8 zoning
designation that have any portion of land fronting on
Biscavne Boulevard or located east of Biscavne
Boulevard.
608.13.1. Heiaht
GARAGE HEIGHT: 40 feet Maximum; Garages are
intended to be located at the back of the lot,
away from public view at the Boulevard. Heights
of parking structures and garages may not exceed
40 feet, measured from grade.
BUILDING HEIGHT:
Nonresidential: 85 feet (7 floors) maximum.
Page 3 of 18
Residential and mixed use structures containing a
residential component: 95 feet (8 floors) maximum.
The bulk of the building shall be placed toward
Biscayne Boulevard. Taller buildings require
larger setbacks from the rear property line to
M further reduce impacts on adjacent properties.
608.13.2. Building envelope and access.
Building envelope and access limitations shall be
as set forth for the SD -9 Biscayne Boulevard North
Overlay District as specified in Sections 609.8.2.
through and including Section 609.8.5. Footprint
Limitations. Where such regulations conflict with
other provisions of Section 608, the more
restrictive shall apply.
Sec. 609. SD -9 Biscayne Boulevard North Overlay
District.
609.1. Intent.
Biscayne Boulevard North is one of the major gateways
to the City of Miami. This overlay district is of
special and substantial public interest because of the
need to upgrade the amenities and visual qualities of
Page 4 of 18
-� the boulevard. It is intended that future public and
private development shall respect and enhance this
gateway role by providing well -landscaped development
along the boulevard; to encourage appropriate
development and to assure appropriate uses along the
boulevard by modifying the use regulations of
underlying districts. It is further intended to protect
the character of Biscavne Boulevard by enacting certain
height restrictions as a component of this overlay
district to ensure that future development along this
significant corridor not intrude on light and air flows
along the Boulevard.
Sec. 609.2. Effect of SD -9 district designation.
The effect of these SD -9 regulations shall be to modify
regulations within portions of other zoning districts
included within the SD boundaries to the extent
indicated.
Sec. 609.3. Class II Special Permit.
609.3.1. When required.
A Class II Special Permit shall be required prior
to approval of any permit (except special permits
pursuant to Article 13) affecting the height,
bulk, location or exterior configuration of any
Page S of 18
existing building; or for the erection of any new
building; demolition permits; or for the location,
relocation or alteration of any structure, parking
area or vehicular way visible from a public
street.
609.3.2. Considerations in making Class IT Special
Permit Determinations.
The purpose of the Class II Special Permit shall
be to ensure conformity of the application with
the expressed intent of this district, with the
applicable criteria listed in Section 13055 and any
other applicable criteria specified 1n this
ordinance, as amended. In making determinations
concerning construction of new principal buildings
or substantial exterior alterations of existing
principal buildings, the Director of the Planning
and Zoning Department shall obtain the
recommendation of the Urban Development Review
Board. In the event that the DDRB fails to meet
within thirty (30) days or fails to make a
recommendation to the Planning Director within
sixty (60) days after plans have been submitted
for review, the requirement for DDRB review may be
waived, if the Director of the Planning and Zoning
Page 6 of 18
Department finds that the proposal is in
compliance with all applicable criteria as set
forth in Section 1305.
(1) Along Biscayne Boulevard, the pedestrian open
space at the ground floor frontage shall be so
designed, improved and located to provide an
attractively landscaped appearance using royal
palms and other types of tropical plants suitable
to its gateway role.
(2) Offstreet parking shall not be placed in
required yards or required open space adjacent to
Biscayne Boulevard, and vehicular entrances shall
be prohibited along the boulevard when access from
other public rights-of-way is available.
(3) Interim landscape. Prior to demolition and
removal of existing structures, pavement and
vegetation from a development site, the owner or
y develooer shall be required to obtain all
demolition approvals and tree removal permits as
necessary. The zoning official may require as a
condition of approval for a demolition permit,
that sites of demolition shall not be left in a
barren, undeveloped state without commencement of
vertical construction or revegetation within sixty
Page 7 of 18
(60) days of clearing. Revegetation shall include
sodding with grasses or other ground cover to
prevent soil erosion and blowing of airborne
particulate matters and debris. owner will be
required to maintain the landscape.
(4) Architectural Guides and standards:
INTENT
The Architectural Guidelines for the Biscayne
Boulevard Corridor Area, and more specifically in
this section, to the SD -9 District, are intended
to direct new construction toward the highest
ualitv pedestrian experience. The Architectural
Guidelines are not intended to dictate
architectural style, nor are they intended to
restrict expression or variety in architecture.
Rather these guidelines describe those elements
that have the greatest impact on the Public Realm
in order to ensure that the impact is positive.
The "Biscayne Boulevard North Desiqn Standards and
Guidelines," incorporated herein by reference,
shall apply for all new development to be located
within the district, however may be waived
pursuant to a Class II Special Permit as set forth
in Article 15 if such a waiver is recruired to
Page 8 of 18
adhere to other stricter limitations set forth
within the district or if such waiver will result
in a development that better reflects the urban
M character of Biscayne Boulevard.
Sec. 609.8. Additional Limitations.
Irrespective of the underlying zoning requirements, the
following special limitations as to height, footprint
and setbacks shall apply to all properties with an SD -9
Overlay designation:
609.8.1. Height Limitaticns.
Garage Height:
40 feet Maximum. Garages are intended to be located at
the back of the lot, away from public view at the
Boulevard. Heights of parking structures and garages
may not exceed 40 feet, measured from grade.
Building Height:
Nonresidential: 85 feet (7 floors) maximum.
Residential and mixed use structures containing a
residential component: 95 feet (8 floors) maximum.
Page 9 of 18
The bulk of the building shall be placed toward
Biscayne Boulevard. Taller buildings require larger
setbacks from the rear property line to further reduce
impacts on adjacent properties.
609.8.2. Building Envelope Limitations.
Structures located within the district shall
comply with the following building envelope
limitations:
A. Building Envelope Reauirements From Grade To 40
Feet Above Grade
Boulevard Setback: 10 feet; Buildings shall
be placed on the front setback line, parallel
to Biscayne Boulevard. Any wall constructed
along Biscayne Boulevard shall be required to
have a minimum of 100% of its length along
the property line as usable, active space.
At the ground floor to a height of 16 feet
above the sidewalk, the 10 -foot setback may
be used for furniture, lighting and/or the
construction of a continuous arcade.
Arcades, when used, shall be exactly 10 feet
Page 10 of 18
in depth and shall be no less than 15 feet in
clear height.
In addition, if an arcade is provided above
the first floor ceiling to a height of 40
feet above the sidewalk, then, encroachments
of usable active space (including liner
uses), whether enclosed or unenclosed, may be
provided up to the property line or base
building line; subject to compliance with all
visibility requirements.
Side Street Setback (Any Street Other Than
Biscayne Boulevard): 0 feet -10 feet; Buildinq
walls shall be placed on the side oronert
line, or may be set back from the side
property line a constant distance up to 10
feet. Building walls shall be constructed
parallel to the side property line. Any wall
constructed along the side property line of a
corner parcel shall be required to have a
minimum of 65% of its length along the side
property line as usable, active space.
Page 11 of 18
Side Property Line Setback: 0 feet - 10
feet; except when abutting a lower density
residential district, in which case, a
minimum of 5 feet shall be provided; Building
walls shall be placed on the side property
line, or may be set back from the side
property line a consistent distance up to 10
feet. Building walls shall be constructed
parallel to the side property line.
Rear Property Line Setback For Properties
With Less Than 150 Feet In Depth (Measured
Depth From Biscayne Boulevard): 5 feet;
Building walls may be placed no less than 5
feet from the rear property line. Within the
setback, a screenwall, no less than 8 feet in
height, measured from grade, shall be
constructed to screen the view of the parkinq
areas from the adjacent parcels. Screenwalls
shall be constructed of stone or concrete and
must be finished on all sides. Plantings and
other landscaping which serves to assist in
screening the view of parking areas are
encouraged, and may be placed in the rear
setback.
Page 12 of 18
Rear Property Line Setback For Properties
With 150 Feet Or More In Depth (Measured
Depth From Biscayne Boulevard): 10 feet;
Building walls may be placed no less than 10
feet from the rear property line. Within_ the
setback, a screenwall, no less than 8 feet in
height, measured from grade, shall be
constructed to screen the view of the parkin
areas from the adjacent parcels. Screenwalls
shall be constructed of stone or concrete and
must be finished on all sides. Plantings and
other landscapinq which serves to assist in
screening the view of parking areas are
encouraged, and may be placed in the rear
setback.
B. Building Envelope Requirements From 40 Feet
Above Grade To Maximum'Buildinq Heiqht
Boulevard Setback: 10 feet; Buildinqs shall
be placed on the front setback line, parallel
to Biscayne Boulevard. Any wall constructed
along Biscayne Boulevard shall be required to
Page 13 of 18
have a minimum of 100% of its length along
the property line as usable, active space.
Side Street Setback (Any Street Other Than
Biscayne Boulevard): 0 feet - 10 feet
Building walls shall be placed on the side
property line, or may be set back from the
side property line a constant distance up to
10 feet. Buildinq walls shall be constructed
parallel to the side property line. Any wall
constructed along the side property line of a
corner parcel shall be required to have a
minimum of 650 of its length alone the side
property line as usable, active space.
Side Property Line Setback: 0 feet - 10
feet; except when abutting a lower density
residential district, in which case, a
minimum of 5 feet shall be provided; Buildi
walls shall be placed on the side property
line, or may be set back from the side
property line a consistent distance up to 10
feet. Building walls shall be constructed
parallel to the side property line.
Page 14 of 18
Rear Property Line Setback: 20 feet above a
height of 40 feet from grade; building walls
may be placed no 'Less than 20 feet from the
rear property line. Plantings and other
landscaping which serves to assist in
screening the view ofparking areas are
encouraqed, and may be placed in the rear
setback.
609.8.3.Liner Depths
Liner Depth: 15 feet minimum; Liners (usable
active space within the building envelope)
are required along the entire Biscayne
Boulevard frontage in order to screen narking
areas located behind such spaces, and to
prevent unused space along major frontage
locations. The liner depth establishes the
limit of the iDarkinq area toward Biscavne
Boulevard. Liners are required on each floor
with parking behind, up to the maximum garage
height. Liners may only be interrupted by
required access points to the parking/service
areas in the rear of the building. Liners are
also desirable along all other street
Page 15 of 18
frontages and shall be provided unless
unfeasible due to narrow lot width.
609.8.4. Garage Access Width:
Garage Access Width: 25 feet maximum; Access to
garages and parking areas shall be from the side
street. Access to garages and parking areas shall
be from Biscayne Boulevard, only when no other
access is possible. Garage access ways shall not
be located within 50 feet of Biscayne Boulevard
(measured from the right-of-way). Garage access
ways shall be no wider than 25 feet. Additional
width may also be granted in order to meet minimum
turning radii of service vehicles. One point of
access is permitted per lot.
609.8.5. Footprint Limitations.
There shall be no maximum footprint limitation for
structures located on'property with frontage on
Biscayne Boulevard except that all applicable
setback limitations as set forth in Section
609.8.2. shall be met.
Sec. 609.4 9. Limitations on signs.
Page 16 of 18
See Article 10 for sign regulations and
limitations.
Section 3. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of section,
paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance
shall not be affected.
Section 5. This Ordinance shall become effective
thirty (30) days after final reading and adoption. a'
PASSED ON FIRST READING BY TITLE ONLY this 26th day
of February 2004.
This Ordinance shall become effective as specified unless vetoed
by the Mayor within ten days from the date it was passed and
adopted. If the Mayor vetoes this Ordinance, it shall become
effective immediately upon override of the veto by the City
Commission or upon the effective date stated, whichever is later.
Page 17 of 18
PASSED AND ADOPTED ON SECOND AND FINAL, READING BY TITLE
ONLY this day of , 2004.
MAIIUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED �A�S T�e'�ORM AND CORRECTNESS:
6P
SLE DRO VILARELLO
CITXATTORNEY
W1585:GKW:et
Page 18 of 18
CITY OF MIAMI
CLASS II SPECIAL PERMIT
FINAL DECISION
File No. 03-0309
To: Lucia A. Dougherty, Esq.
c/o Greenberg Traurig
1221 Brickell Ave
Miami, FL. 33131
From: Ana Gelabert, Director
Planning and Zoning Department
PLEASE TAKE NOTICE THAT A INTENDED DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER:
Title: New Construction (5101 Biscayne Blvd)
Address: 5101 Biscayne Blvd., Upper Eastside
Final Decision:
❑ Approval
0 Approval with conditions
❑ Denial
FINDINGS AND CONDITIONS
The subject proposal has been reviewed for Class II Special Permit pursuant to Article 15, Section
609.3, 1512 and 923.2 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida. Section 609.3 states explicitly that a Class II Special Permit shall be required prior to approval
of any permit affecting the location, relocation or alteration of any structure, sign, awning, landscaping,
parking, area or vehicular way visible from a public street. Section 1512 states that unless otherwise
required by the Zoning Ordinance, as amended, the Code of the City of Miami, as amended or the
South Florida Building Code, as amended, all City of Miami Design Standards and Guidelines,
incorporated herein by reference, may be waived pursuant to a Class II Special Permit. Section 923.2.1
states that reduction in loading stalls shall be only by Class li Special Permit.
Pursuant to Section 1301.2. of the above cited Zoning Ordinance, the Planning and Zoning
Department has made referrals to the following Departments and Boards.
• Zoning Division, Planning and Zoning Department.
• Upper Eastside NET Office, Neighborhood Enhancement Team.
• UDRB, Urban Development Review Board.
Their comments and recommendations have been duly considered and are reflected in this intended
decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following
findings have been made:
FINDINGS
• It is found that the proposed project is a mixed-use building consisting of residential units (89) and
common areas (4,799) sq.ft with parking garage.
• It is found that the proposed project was initially reviewed by the Internal Design Review
Committee on November 25, 2003. The committee recommended sending it back to the architect
in order to give the opportunity to respond to the committee comments.
• It is found that a modified project was reviewed by the Design Review Committee on January 13,
2004 but the original comments are still pending and have not been resolve.
• It is found that an Intended Decision was issue on March 25, 2004.
• It is found that a modified project that included the modifications recommended by the Internal
Design Review Committee was reviewed by the committee on May 4 and May 18, 2004; finally, on
July 6, 2004, the committee reviewed and approved with conditions the subject proposal.
• It is found that the landscape plan submitted with this application complies with the Miami -Dade
Landscape Ordinance.
• On January 21, 2004 the Urban Development Review Board reviewed and deferred for the next
meeting the subject proposal.
• On March 17, 2004 the Urban Review Board reviewed and approved with conditions the subject
proposal.
It is found that with regard to the criteria set forth in Sec. 1305 of the City of Miami Zoning
Ordinance, the application has been reviewed and found sufficient except for the issues listed
above and contained in the conditions.
Based on the above findings and the considered advice of the officers and agencies consulted on this
matter and pursuant to Section 1306 of the Zoning Ordinance, the subject proposal is hereby
approved with conditions as presented in the plans and supporting materials submitted by the
applicant and on file with the Department of Planning and Development and further subject to the
following conditions:
1. The applicant shall comply with the conditions addressed by the UDRB and the Internal Design
Review Committee.
2. New plans shall be submitted to the Planning and Zoning Department for review and approval
before issuance of any building permit.
NOTICE
The final decision of the Director may be appealed to the Zoning Board by any aggrieved party,
within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee
with the Office of Hearing Boards, located at 444 S.W. 2nd Avenue, 7� Floor, Miami, FI. 33139.
Telephone number (305) 416-2030.
Signature Date7
Ana elabert, Direc
Planning and Zoning Depa ment
ditgDRETNT Y .J. I` KMA
Law Offices of
ANDREW 1310 AN, P.A.
9111 Park Dr • Miami Shores, FL 33138
Attorney at Law
July 30, 2004
VIA HAND DELIVERY
Teresita L. Fernandez, Director
Office of the Hearing Boards
CITY OF MIAMI
444 SGS 2'13 Ave, Seventh Floor
Miami Florida 33130-1910
Tel: 305.758.3621
Fax: 305.758.0508
andewdickman@bellsouth.net
Re: Notice of Appeal of the Decision by the Director of
the Planning and Zondg Department ("Decisior,"', for a
Class II permit at Slf}-:p Bx:cayi�e 13oe�rar' and a Class
II permit at 5225 Biscayne Boulevard rendered July 21,
2004.
Dear Mrs. Fernandez:
This firm represents the Morningside Civic Association,
Inc., including four individual residents in Morningside, Rod
Alonso, Ron Stebbins, Scott Crawford, and Elvis Cruz, who all own
homes and reside in near the above referenced projects. This
letters serves to notify you that my clients are materially
affected by the above referenced decisions. Therefore, please
consider this our formal notice ofapa peal, and in support we
allege:
On or about July 21, 2004, the City issued two Class II
special building permits to construct two multi -story residential
developments at 5101 and 5225 Biscayne Boulevard abutting the low
density single family neighborhood of Morningside.
Section 1800(l) and 1800 (2) of the City's Zoning Code gives
my clients standing to appeal "ANY decision" (emphasis added) of
the Zoning Administrator or "director of the department of
planning, building and zoning." The decision to issue the Class
II building permits, including zoning approval, falls within this
category of decisions that can be appealed to the Zoning Board.
Among the planning and zoning errors made by the City in
issuing its approval of these projects are the following:
The City's comprehensive plan specifically contains policies
that protect existing residential neighborhoods from
incompatible land uses and developments. Moreover, the Plan
contains policies that direct the City to permit high
density, multi -family developments near the downtown and in
close proximity to metro -rail and metro -mover. These
projects are inconsistent with the comprehensive plan of the
Citv of Miami.
• Section 907.3.2 of the City's Zoning Code re � q,10;5`9
additional setbacks for projects built higher than��UNRI
when abutting residential zoning districts on the rear. The
two residential developments at 5101 and 5225 Biscayne
Boulevard will be well over 40 feet in height and they both
City of Miami Hearing Boards
June 29, 2004
Page 2
abut a residential district on the rear.
Article 1305 of the Zoning Code requires that certain
factors be considered before issuance of Class II special
permits, including, inter alia, the "use, occupancy,
location, design character and scale," of the proposed
project. This section also requires that conditions and
safeguards be established before permits are issued,
including "protection of adjacent properties, the
neighborhood." Because the scale and character of the
projects undermines and threatens the integrity of the
adjacent Morningside neighborhood, the permits were issued
in error; and
The appellants were denied due process in this matter
because the Zoning Administrator refused to consider the
additional site and neighborhood standards established by
the new SD -9 ordinance thereby ignoring a clear change of
zoning in progress at the time the permits were issued.
Enclosed with this notice are two checks in the amount of
$500 each (one for each project) required by your departmental
rules and regulations. We appreciate your scheduling these
matters before the Zoning Board at your earliest convenience.
Very truly your,
Andre Dickman, AIC P, Esq.
S►o'49'
M. -
City of Miami
Master Report
Enactment Number: 12594
City Hall
3500 Pan American Drive
Miami, FL 33133
www.ci.miami.fl.us
File Number: 04-00673 File Type: Ordinance Status: Passed
Version: 2 Reference: Controlling Body: Planning & Zoning
Department
File Name: Modify SD -9 Special Distrcit Requirements Introduced: 6/15/2004
Requester: Cost: Final Action: 9/27/2004
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000,
OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE
6, SPECIAL DISTRICTS, IN ORDER TO AMEND SECTION 609, SD -9 BISCAYNE BOULEVARD
NORTH OVERLAY DISTRICT, TO MODIFY SPECIAL DISTRICT REQUIREMENTS, INCLUDING
REQUIREMENTS RELATED TO HEIGHT, SETBACK AND PARKING LIMITATIONS;
CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
Sponsors:
Notes:
Indexes:
Attachments: 04-00673 SR Fact Sheet.pdf,04-00673 PAB Reso.PDF,04-00,673 Legislation - Modif.PDF,04-00673
Legislation.PDF,04-00673 FR Fact Sheet.pdf,
History of Legislative File
Version: Acting Body: Date: Action: Sent To: Due Date: Return Date: Result:
1 City Commission
7/22/2004
PASSED ON FIRST Pass
READING
2 Office of the City
8/16/2004
Reviewed and
Attorney
Approved
2 City Commission
9/27/2004
ADOPTED Pass
2 Office of the Mayor
9/30/2004
Signed by the Mayor
City of Miami Page I Printed on 6/28/2005
,�.
City of Miami
Legislation
Ordinance: 12594
File Number: 04-00673
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
Final Action Date: 9/27/2004
AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE
NO. 11000, OF THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA,
BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO AMEND
SECTION 609, SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT, TO
MODIFY SPECIAL DISTRICT REQUIREMENTS, INCLUDING REQUIREMENTS
RELATED TO HEIGHT, SETBACK AND PARKING LIMITATIONS; CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of June 2, 2004, Item No. 11,
following an advertised hearing, adopted Resolution No. PAB 70-04 by a vote of seven to one(7-1),
RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 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 amend Ordinance
No. 11000 as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida,
is hereby amended by amending the text of said Ordinance as follows: {1}
"ARTICLE 6. Special Zoning Districts"
Sec. 609. SD -9 Biscayne Boulevard North Overlay District.
Sec. 609.8. Limitations on sign. Additional Limitations.
For purposes of interpreting the SD -9 requirements as to building envelope and height, Biscayne
Boulevard shall be considered the front, regardless of site orientation and configuration.
Irrespective of the underlying zoning requirements, the following special limitations as to height,
footprint and setbacks shall apply to all properties with an SD -9 Overlay designation:
City ofMiamf Page l of Printed On: 6128/2005
File Number 04-00673 Enactment Number: 12594
609.8.1. Height Limitations.
Garage Height:
40 feet Maximum. Garages are intended to be located at the back of the lot, away from public view at
the Boulevard. Heights of parking structures and garages may not exceed 40 feet, measured from
grade: all such structures shall also comply with additional height limitations as may apply pursuant to
Sec. 609.8.2 when such properties are abutting R-1 or R-2 zoning districts.
Building Height:
For properties located on the west side of Biscayne Boulevard from NE 39th Street, in a northerly
direction, up to a line which runs in a westerly direction from the southerly right-of-way line of NE 50th
Terrace, as extended to the west: 120 feet maximum;
For properties located on the west side of Biscayne Boulevard from NE 79th Street, in a northerly
direction, up to the City Limits: 120 feet maximum;
For properties with over 150 feet in depth as of April 29, 2004 (as measured from Biscayne Boulevard
and providing for Biscayne Boulevard to be considered the front regardless of lot configuration): 120
feet maximum. Such properties shall have a maximum height limitation of 25 feet at the rear setback
point from which no building height shall be allowed above a 45 degree angle line; such line shall
commence at the 25 foot height and sleping slope in a direction towards Biscayne Boulevard.
For all remaining properties:
Nonresidential: 85 feet (7 floors) maximum.
Residential and mixed use structures containing a residential component: 95 feet (8 floors) maximum.
t
609.8.2. Building Envelope Limitations.
Structures located within the district shall comply with the following building envelope limitations:
1. Rear envelopes where abutting other districts.
Where properties within the SD -9 District abut R-1 or R-2 zoning districts, such properties shall have a
maximum height limitation of 25 feet at the rear setback point (or whatever property line abuts the R-1
or R-2 zoning district) from which no building height shall be allowed above a 45 degree angle line;
such line shall commence at the 25 foot height and slope in a direction towards Biscayne Boulevard.
Where properties within the SD -9 District abut R-3 or more intense zoning districts, such properties
shall have a maximum height limitation of 40 feet at the rear setback point (or whatever property line
abuts the R-3 or more intense zoning district) from which no building height shall be allowed above a
45 decree anale line: such line shall commence at the 40 foot height and slope in a direction towards
Biscayne Boulevard.
2. Setbacks:
A. BUILDING ENVELOPE REQUIREMENTS FROM GRADE TO 40 feet ABOVE GRADE
City of Mia -d Page 2 of 4 Printed On: 6/2812005
File Number 04-00673 Enactment Number: 12594
Boulevard Setback: 10 feet minimum; Buildings shall be setback a minimum of ten (10) feet from the
Biscayne Boulevard base building line, except if an arcade is provided at the ground floor; in such
cases, encroachments of usable active space (including liner uses), whether enclosed or unenclosed,
may be provided up to the property line or base building line, subject to compliance with all visibility
requirements. Walls constructed along Biscayne Boulevard need not be continuously located along the
10 foot setback line; additional setbacks to allow for pedestrian entranceways, cafe uses and plazas
shall be permitted, however, 100% of the ground floor frontage along Biscayne Boulevard (whether
enclosed or unenclosed) shall be required to consist of usable active spaces.
B. BUILDING ENVELOPE REQUIREMENTS FROM 40 feet ABOVE GRADE TO MAXIMUM
BUILDING HEIGHT
REAR PROPERTY LINE SETBACK: minimum of 20 feet above a height of 40 feet from grade, and
also subjeGt to the FequiFeFnents of SeGtieR 907.3.2 (whiGh r-equir-er, an additional setbaGk of one feet in
the hGFOZGntal f49F two additional feet in the veFt*Gal ;building walls may be placed no less
than 20 feet from the rear property line. Plantings and other landscaping which serves to assist in
screening the view of parking areas are encouraged, and may be placed in the rear setback.
Sec. 609.9. Additional Parking Regulations.
Parking requirements shall be as for the underlying district except as follows:
1. Reductions in overall nonresidential parking of up to 10% may granted pursuant to a Class II
Special Permit if metered parking is located along any street frontage adiacent to the proposed
establishment.
2. 100% of nonresidential parking may be located offsite, pursuant to a Class II Special Permit, as long
as such parking is located no more than one thousand (1000) feet from the subiect establishment to
be served by such parking; the 1000 -foot distance limitation is to be measured from the nearest point
of the subject establishment to the nearest point of the property on which the parking is located. In
order to locate such parking offsite as described above, a lease for such parking will be required for a
minimum of three (3) years. The Class II Special Permit will run for the same time period as the lease
another use.
3. For restaurant/food service establishments, as adaptive re -use of an existing structure, any square
footage utilized for kitchen and/or storage areas will not be counted towards parking requirements.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {2}
City of Miand Page 3 of 4 Printed On: 6128/2005
File Number. 04-00673
Footnotes:
Enactment Number: 12594
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami Page 4 of 4 Printed On: 6/2812005
Miami Zoning Board
Resolution No.: 2004-0928
Monday, October 4, 2004
Mr. Juvenal A. Pina offered the following resolution and moved its adoption
Resolution:
A RESOLUTION DENYING THE APPEAL BY ANDREW DICKMAN, ESQUIRE ON BEHALF OF
THE MORNINGSIDE CIVIC ASSOCIATION, INC. AND ROD ALONSO, RON STEBBINS,
SCOTT CRAWFORD AND ELVIS CRUZ OF THE CLASS II SPECIAL PERMIT APPLICATION
NO. 03-0309, APPROVED WITH CONDITIONS BY THE PLANNING DIRECTOR ON JULY 21,
2004, FOR NEW CONSTRUCTION FOR THE PROPERTY LOCATED AT APPROXIMATELY
5101 BISCAYNE BOULEVARD, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY
ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED O OFFICE
WITH AN SD -9 BISCAYNE BOULEVARD NORTH OVERLAY DISTRICT.
Upon being seconded by Mr. Miguel Gabela,
the motion was passed and adopted by the following vote:
Mr. Charles J. Flowers
Away
Mr. Miguel Gabela
Yes
Mr. Joseph H. Ganguzza
Yes
Mr. Charles A. Garavaglia
Yes
Ms. Ileana Hemandez-Acosta
Yes
Mr. Carlos Martell
Away
Mr. Juvenal A. Pina
Yes
Mr. Allan Shulman
Yes
Mr. Angel Urquiola
Yes
Mr, Georges William
Yes
AYE: 8
NAY: 0
ABSTENTIONS: 0
NO VOTES: 0
ABSENT: 2
Ms. Fernandez: Motion carries 8-0
Teresita L. Fernandez, Executive SeQmeary
Hearing Boards
Case No. 2004-0872 Item Nbr: 5
Exhibit " A"
5101 Biscayne Boulevard
LEGAL
!st t Bock 5 of 'BAY WW FYJW UW No. 3' =Wdiey to the Plot theread as
records! in Plat Book 41 at Page 73 at the PAA Records of WbW—Dade CmAtIp. fbrida.
Lot 17 Mad 5 of 'BAY WK PAA UMf fto. 4' a wdr* tb the Plat thereof oa
recorded in Plot Book 42 at Pogo 2 of the POO itemai of Miami—Oode County. Rwida.
File Number: 04-00673a
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miamiftus
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO
AMEND SECTION 609, SD -9 BISCAYNE BOULEVARD NORTH OVERLAY
DISTRICT, TO MODIFY SPECIAL DISTRICT REQUIREMENTS, INCLUDING
REQUIREMENTS RELATED TO HEIGHT, MORE PARTICULARLY TO CLARIFY
MAXIMUM HEIGHT LIMITATIONS; CONTAINING A REPEALER PROVISION AND
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of July 6, 2005, Item No. 7,
following an advertised hearing, adopted Resolution No. PAB 81-05 by a vote of five to zero (5-0),
recommending APPROVAL of amending Zoning Ordinance No. 11000 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 amend
Ordinance No. 11000 as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby
adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida,
is hereby amended by amending the text of said Ordinance as follows: (1}
"ARTICLE 6. Special Zoning Districts"
x
Sec. 609. SD -9 Biscayne Boulevard North Overlay District_
Sec. 609.8. Additional Limitations.
609.8.1. Height Limitations.
Notwithstanding Section 915.1.1, the height limitations established herein below shall be the maximum
permissible height allowed. All rooftop mechanical equipment and other rooftop structuress as
City of,bfiatni Page 1 of 3 Printed On. 811212005
File Number. 04-00673a
specified in Sec 915.1., including rooftop amenities shall comply with the height limitations set forth in
this section.
Garage Height:
40 feet Maximum. Garages are intended to be located at the back of the lot, away from public view at
the Boulevard. Heights of parking structures and garages may not exceed 40 feet, measured from
grade; all such structures shall also comply with additional height limitations as may apply pursuant to
Sec. 609.8.2 when such properties are abutting R-1 or R-2 zoning districts.
Building Height:
For properties located on the west side of Biscayne Boulevard from NE 39th Street, in a northerly
direction, up to a line which runs in a westerly direction from the southerly right-of-way line of NE 50th
Terrace, as extended to the west: 120 feet maximum;
For properties located on the west side of Biscayne Boulevard from NE 79th Street, in a northerly
direction, up to the City Limits: 120 feet maximum;
For properties with over 150 feet in depth as of April 29, 2004 (as measured from Biscayne Boulevard
and providing for Biscayne Boulevard to be considered the front regardless of lot configuration): 120
feet maximum. Such properties shall have a maximum height limitation of 25 feet at the rear setback
point from which no building height shall be allowed above a 45 degree angle line; such line shall
commence at the 25 foot height and slope in a direction towards Biscayne Boulevard.
For all remaining properties:
Nonresidential: 85 feet (7 floors) maximum.
Residential and mixed use structures containing a residential component: 95 feet (8 floors) maximum.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are hereby repealed.
Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance
is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. This Ordinance shall become effective immediately after final reading and adoption
thereof. {2)
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
Footnotes:
City of Miami Page 2 of 3 Printed On., 81111200S
File Number. 04-00673a
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted and unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Afiami Page 3 of 3 Printed On. 8111/1005
ARTICLE 21. ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES Page 4 of 7
2105.2.1. Phased projects. Phased development projects which have been reviewed and
approved in accordance with the provisions of Ordinance No. 9500 shall be entitled to building
permit(s) pursuant to Ordinance Nos. 6871 or 9500, provided the entire project has been
reviewed and approved prior to the effective date of Ordinance No. 11000. The building permit
for the initial stage of construction shall be subject to the time limitations in section 2105.1.1.
Approval of building permits in accordance with the provisions of Ordinance Nos. 6871 or
9500 for subsequent stages of construction shall remain valid only where development of the
entire or overall project is continuous pursuant to the South Florida Building Code or according
to Development of Regional Impact Development Order (Chapter 380 F.S.) or a Major Use
Special Permit per article 17.
2105.3. Status of agreements, conditions, and safeguards under prior zoning. Where agreements
were made or conditions, safeguards and requirements attached to grants of special permits or
approval of variances, area development permits for PUD's, PUN's, PAD's, clusters or similar
developments under prior Zoning Ordinance Nos. 6871 and 9500 or this ordinance, such agreements,
conditions, safeguards and requirements shall remain in effect even though such zoning is repealed
or amended, except where current zoning specifically removes the requirements or limitations
provided that a) a building permit has been issued and remains in force according to the South
Florida Building Code; b) construction has commenced; or c) at least one (1) unit of a multiphased
project has been completed. These agreements can only be amended in conformance with this
ordinance by the authority or agency who issued the original permit.
Where the city has previously issued a development order or binding letter of determination under the
present or past provisions of section 380.06, Florida Statutes and under the provisions of prior Zoning
Ordinance No. 6871, effective June 2, 1961, or under the provisions of prior Zoning Ordinance No.
9500, effective June 27, 1983, pertaining to a development of regional impact, said approval shall
remain in full force and effect and the provisions of this ordinance shall be deemed not to impose any
additional agreement, conditions, safeguards or requirements on said development of regional impact
for as long as said development order is valid; said prior Zoning Ordinance Nos. 6871 or 9500, as the
case may be, shall continue to be used to enforce the development order or to interpret the binding
letter. Said development order may be amended without compliance with the terms of this ordinance
as long as the city commission determines that the proposed amendment is not a substantial
deviation from the approved development order, pursuant to the criteria set forth in section 380.06(7)
(h), Florida Statutes. Any modification or amendment of said development order deemed by the
commission to constitute a substantial deviation from its prior approval shall be processed in
accordance with the terms of this ordinance. Any development so approved under the provisions of
this paragraph shall not be deemed to constitute a nonconforming use, building or development under
the terms of section 1101 hereof.
2105.4. Status of applications for development permits or certificates of occupancy under Ordinance
No. 11000 when Ordinance No. 11000 has been amended.
2105.4.1. Applications and Permits. Any property owner or lawful representative, who, prior to
the effective date of any legislation repealing or modifying regulations which allow the
requested activity, has properly filed a complete application for a development permit(s) with
the appropriate City department, is authorized to proceed with such application(s) regardless
of the subsequent repeal of regulations relevant to such requested activity, unless the contrary
is specifically decreed. In no case shall an application be accepted subsequent to the effective
date of an ordinance which precludes the approval or action applied for. Applicants for said
development permits shall be allowed to make changes in their application(s) only when so
required by the City as a result of its review of the application(s). The necessary building
permit(s) or certificate(s) of use, whichever is first required, when reviewed under expired
regulations, shall be obtained:
a) Within one hundred eighty (180) days of the effective date of the expired
regulations;
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ARTICLE 21. ADMINISTRATION, ENFORCEMENT, VIOLATIONS, AND PENALTIES Page 5 of 7
b) Within one hundred eighty (180) days from the date of Class II Special Permit,
Special Exception or Variance approval by the appropriate department, or final public
hearing approval, as the case may be;
c) Within no greater than six (6) years from the final public hearing approval by the
City Commission for Major Use Special Permits; and
d) For subsequent (beyond phase 1) phases of an approved phased project, within
no greater than six (6) years from the issuance of a building permit for phase I of said
approved phased project; and subsequent six (6) year periods between additional
phases. No extensions may be granted beyond these time periods.
In the event an appeal is taken to the courts, said building permit(s) or certificate(s) shall be obtained
within one hundred eighty (180) days from the date the final court decision is rendered, except for Major Use
Special Permits and phased projects (as described above) which will have six (6) years from the final court
decision, whichever provides the longer period of time.
2105.4.2. Construction and occupancy. If actual construction is not under way, and previous
issued building permits or certificates of use have expired or become void, new building
permits or certificates of use shall be required and shall be in accord with any new regulations
established by the amendment of this ordinance.
2105.4.3. Occupancy not involving pending building permits. Where certificates of occupancy
do not relate to a pending building permit, unless such use has been established prior to the
effective date of this ordinance or its amendment which would prohibit such use, such
certificates shall become void, and new certificates, conforming to the new regulations, shall
be required.
(Ord. No. 10771, § 1, 7-26-90; Ord. No. 10863, § 1, 3-28-91; Ord. No. 10896, § 1, 6-20-91; Ord. No. 12528, §
2,4-22-04)
Sec. 2106. Zoning conformity required prior to issuance of licenses or permits.
Officials charged with issuance of permits or licenses for the use of any premises for the conduct of
any business, enterprise, occupation, trade, profession, or activity governed by the provisions of this zoning
ordinance shall not issue such licenses or permits unless the use conforms to the requirements of this zoning
ordinance. In addition, no such licenses or permits may be issued if the business, enterprise, occupation,
trade, profession, or activity is subject of an ongoing enforcement procedure, a state law or county violation
or a violation of other City Ordinance, where the business enterprise is located or is to be located. In cases
where certificates of use are required by this zoning ordinance, no such license or permit shall be issued
except upon certification by the zoning administrator that a valid certificate of use, accurately representing
current zoning status, is in effect.
(Ord. No. 12502, § 2, 3-11-04)
Sec. 2107. Permits or certificates of use granted in error do not authorize violation of
ordinance; corrections required.
A permit or certificate of use issued in error shall not confer any rights to construction or occupancy,
and upon a finding that a permit has been so issued, it shall be revoked, provided actual construction has not
commenced.
No permit or certificate of use shall be deemed or construed to authorize violation of any provisions of
this zoning ordinance, and such permits or certificates shall be deemed or construed to be valid only to the
extent that the work authorized is lawful.
http://library l .municode.comlgateway.dlllfllfloridal20255/20257/20279?f--templates$fn=document-fra... 9/13/2005