HomeMy WebLinkAboutLegislationJ-03-753
9/18/03
ORDINANCE NO.
03 SLR 1 ri i'fi 2: 21.1
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 627
ENTITLED SD-27 FEC CORRIDOR SPECIAL
DISTRICT, TO ADD A NEW SUB -DISTRICT SD-27.1
ENTITLED BUENA VISTA YARD EAST, ADDING AN
INTENT STATEMENT, CREATING SPECIAL DISTRICT
REQUIREMENTS AND LIMITATIONS ON USES, AND
ADDING DESIGN 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 July 23, 2003, Item No. 4, following an
advertised hearing, adopted Resolution No. PAB 52-03 by a
vote of 7 to 0 (7-0), RECOMMENDING APPROVAL with conditions
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 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:1/
"ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS
Sec. 627. SD-27 FEC Corridor Special District
Section 627.1 SD-27.1 Buena Vista Yard East Special
District
The Buena Vista Yard East Special District area is bounded
by Northeast 36th Street on the north and FEC greenway on
the east. On the south, the area is bounded by the
centerline of Northeast 29th Street between the FEC Greenway
and Midtown Boulevard and by the centerline of Northeast
34th Street between Midtown Boulevard and Buena Vista
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 29
Avenue. On the west, the area is bounded by the centerline
of Buena Vista Avenue between Northeast 36th Street and
Northeast 34th Street and by the centerline of Midtown
Boulevard between Northeast 34th Street and Northeast 29th
Street.
Section 627.1.1 Intent
The Buena Vista Yard East District regulations are intended
to provide for a method to allow for planning initiatives
that achieve unique or innovative development not otherwise
provided for in the zoning ordinance. These planning
initiatives may include, but are not limited to, Smart
Growth as defined in Section 627. The standards and
procedures of this district are intended to promote
flexibility and diversity in design and permit planned
diversification and integration of uses and structures,
with limitations and regulations as deemed necessary to be
consistent with the City's Comprehensive Plan and to
protect the public health, safety, and general welfare.
The SD 27 Design Standards provide more detailed
clarification to this ordinance and are incorporated by
reference.
This district is of special and substantial public interest
given its proximity to Downtown Miami and the Omni Area,
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the Design District, Miami Beach, the Wynwood Neighborhood
and to future proposed commuter transit facilities within
the Florida East Coast Railway (FEC) Corridor. The intent
of the district is to: (1) promote the efficient use of
land resources through compact building forms, intill
development, and moderation in street and parking standards
in order to reduce automobile traffic and promote multi -
modal transportation; (2) promote the creation of a Miami
midtown environment through intensive urban mixed -use
development with a twenty-four hour activity pattern; (3)
Enhance the pedestrian environment and connectivity of the
existing surrounding areas by extending the city street
grid through the district; and (4) Provide intensive new
housing opportunities needed to sustain future commercial
growth and commuter transit facilities. To this end, the
district promotes streetscapes and mixed -use buildings
designed to provide pedestrians with lively, interesting,
well -landscaped and highly usable public spaces with a
maximum interrelationship with ground floor building uses.
Concerning building uses and overall buildable area, mixed -
use development is encouraged by providing greater floor
area ratios and overall building height than that of single
use buildings. Furthermore, additional height is provided
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for on sites that abut significant open space and/or are
designated as strategically located visual gateways as
defined in Section 627. Yard and setback areas are minimal
and are required to be developed as an integral part of the
overall pedestrian streetscape. Ground floor build -to lines
are provided in order to establish a continuous building
frontage that enhances and provides spatial definition for
the urban streetscape.
Although no specific requirements are contained, it is
further intended that buildings be designed utilizing
environmentally sensitive methods, including, but not
limited to, passive and active solar techniques, green -
roofs, the utilization of environmentally sustainable
materials and efficient mechanical systems.
Section 627.1.2 Effect of SD-27.1 district designation.
The SD-27.1 Buena Vista Yard East district shall supplant
districts or portions of districts included within the SD
boundaries to the extent indicated herein in the official
zoning atlas.
Section 627.1.3 Class II Special Permit
Section 627.1.3.1. When required.
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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 the
construction of a new building; or for the implementation
of signage, awnings, fences or any other improvement
visible from a public right-of-way.
Section 627.1.3.2. Considerations in making Class II
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
contained in the SD-27 Design Standards incorporated herein
by reference.
Notwithstanding any other provisions of this zoning
ordinance, a Major Use Special Permit is required for non-
residential uses in a single building that exceed 400,000
square feet and residential units in a single building that
exceed 400 dwelling units, or any combined use which
exceeds 2500 parking spaces.
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Any variances (as defined in Article 19) sought from the
provisions of the SD 27.1 regulations shall require such
deviation to be considered within the process for a Major
Use Special Permit as defined in Article 17; i.e. increased
development thresholds as set forth above shall not apply.
Section 627.1.4 Principal uses and structures
The following uses shall be permitted within the district,
subject to the provisions of Section 627.1.7:
1. Neighborhood convenience goods and services, including
food stores (grocery, meat, seafood, produce,
delicatessen, bakery, confectioneries, ice cream),
drugstores, newsstands, dry cleaners, barber and beauty
shops, and shoe repair stores.
2. Retail establishments open to the general public as
follows: Antique stores, art stores and commercial art
galleries; bicycle sales; book and stationery stores;
china and crockery stores; drugstores; floor covering;
florist, including plant and shrub sales; food carts and
vendors; gift shops; hardware stores; hobby shops; home
appliance stores; home furnishing stores; interior
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decoration supply stores; establishments for the sales of
boating and fishing supplies (excluding outdoor sales of
boats); jewelry stores; leather goods; luggage stores;
music stores; newsstands; office supply stores; optical
goods stores; package liquor stores (without drive -
through facilities); paint and wallpaper; pet shops;
photographic supply stores; restaurant supply stores;
tobacco shops; toy stores; television, radio, and other
electronics stores; videotape sales and rentals; variety
and sundry stores; establishments for sale of wearing
apparel; Such establishments may provide incidental
repair, maintenance, adjustment or alteration services as
appropriate, but facilities, operation and storage in
relation to such services shall not be visible from any
street or street related pedestrian open space. Aside
from antique stores, art galleries, jewelry, bookstores
and wearing apparel establishments, no such retail
establishments shall deal in secondhand merchandise.
3. Service establishments as follows: Interior decorator,
Banks, savings and loan and financial institutions;
duplicating centers including letter and photostating
services; driving school agencies; locksmiths; medical or
dental offices less than five thousand (5,000) square
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feet; opticians; photographic service; business and
professional offices; tailoring; dressmaking; millinery
or drapery fabrication, except where products are for
office premises sale; rental of recreation and sporting
equipment.
4. All Residential uses as per the R-4 High Density
Residential Zoning District.
5. Hotels.
6. Shops for the sale, assembly, customization or repair
open to the _general public as follows: Awnings and
Canvas; Carpentry; Construction of models for design
purposes; Custom woodworking and furniture; Glass; Signs;
and Upholstery.
7. Public and private recreational facilities and community
service facilities.
8. Production of art and handicrafts (but not mass-produced
items) incidental to sale at retail on the premises.
9.Restaurants, brewery restaurants, tearooms and cafes
(without drive -through facilities), including those with
dancing and live entertainment.
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10. Bars, cocktail lounges, saloons and taverns, supper clubs
and nightclubs, including those with live entertainment
open to the general public.
11. Art galleries, auditoriums; theaters (including open air
theaters) and cinemas, museums, libraries and similar
cultural uses.
12. Structures for operating public transportation.
13. Parking lots and garages subject to Sections 627.1.5,
627.1.7 and 627.1.12.
14. Public or private educational facilities.
15. Cellular communications in accordance with the provisions
of the C-1 Restricted Commercial Zoning district.
The following uses shall be permitted by Class I Special
Permit:
1. Outdoor photographic stage sets.
2.Notwithstanding the provisions of 906.9, up to ten (10)
street and open space special events per calendar year
within the district.
Section 627.1.5 Accessory Uses
Uses and structures which are customarily accessory and
clearly incidental to permitted principal uses and
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structures, approved in the same permit proceedings, and
initiated or completed within any time limits established
generally or in relation to the special permit, shall be
permitted subject to limitations by these or generally
applicable regulations. Other accessory uses and structures
shall require a Class 11 Special Permit.
No aboveground off-street parking or loading area shall be
permitted between any front portion of a building and the
front line of a lot adjoining any street; provided, however
that off-street parking for bicycles may be permitted in
such areas, subject to limitations and requirements as to
location, design and number established in connection with
special permits.
Section 627.1.6 Building Placement and buildable area
1. Minimum lot requirements
No specific dimensional requirements are established in
this district, but lots shall be of sufficient width and
area to conform with other requirements and limitations
of these and other lawful regulations.
2. Floor Area Limitations
Floor area limitations of the SD 27.1 district shall be
as follows:
Page 11 of 29
a. The floor area ratio shall not exceed one and seventy-
two hundredths (1.72) times the gross lot area for
single use buildings.
b. The floor area for all mixed -use buildings shall not
exceed three (3.0) times the gross lot area. Ground
floor retail in mixed -use buildings shall not be
included in floor area calculations.
c. Allowable increase in floor area up to five tenths
(0.5) will be provided for payment into the FEC
Corridor Neighborhood Improvement Trust Fund, as set
forth in Chapter 62 of the City of Miami Code.
3. Density
Density shall not exceed 150 residential units/net acre.
4. Height Limitations
Height limitations shall be as provided in Section
627.1.7. It is the intent of the District to provide
for design variation, therefore height is regulated by an
allowable number of stories and an allowable height
threshold, whichever is less.
a. Parking structures shall not exceed seventy-five (75)
feet in height.
5.Maximum And Minimum Setback Requirements and Build -To
Lines
Page 12 of 29
Setback requirements for the SD 27.1 district are
measured perpendicular to and from the base building
line. Platted public right of way lines shall be defined
as the base building line. The SD-27 Design Standards
provide further clarification of the requirements
provided herein. The maximum and minimum setbacks and
build -to requirements shall be as provided in Section
627.1.7 and below as follows:
a. Maximum Ground Floor Setback for all Streets:
For the first twenty-five (25) feet in elevation above
the public right-of-way, no building facade shall be
set back more than a depth of ten (10) feet, except as
otherwise provided in Section 627.1.7. Off-street
parking shall not be allowed within the maximum
setback. Building frontage may exceed the maximum
setback reguirement, provided that the resultant
setback is designed and improved as public open space.
b.Minimum Setbacks and Build -To Lines:
1. Minimum setbacks and build -to requirements shall be
as provided in Section 627.1.7. In order to allow
for building and streetscape design variation, an
accumulative maximum of 40% of any street or side
setback frontage may have no podium and tower
setback requirements as defined in Section 627.1.7.
2. Colonnades may encroach the setback and build -to
requirements provided that a minimum of five (5)
feet of sidewalk must remain clear of all
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obstructions. In addition, awnings and upper story
balconies may encroach the setback and build -to
requirements by a distance of seven (7) feet and
three (3) feet, respectively. In no case shall such
encroachments be allowed beyond the base
building/property line.
3.Building frontages along East Coast Avenue and above
16 stories or 175 feet in height (above the public
sidewalk), whichever is less, shall not exceed 60%
of the East Coast Avenue net property frontage. This
requirement is applicable for all building frontages
within fifty (50) feet of the base building line.
6. Gateway Designations
As provided in Section 627, gateway sites shall be as
follows; (1) the Southwest corner of the intersection of
Northeast 36th Street and Northeast 2nd Avenue: and (2)
the Southeast corner of the intersection of Northeast 34th
Street and Northeast 1st Place.
Section 627.1.7 Maximum height, Build -to, Minimum
Setback and Use Requirements
SD 27.1 Maximum height, Build -to, Minimum Setback and Use Requirements
Street/
Classification
Height/Number
of Stories
Ground
Floor
Build -To/
Setback
Podium
Setback*
Tower
Setback**
Uses
Midtown
Boulevard
300' and 28
Stories "200'
for mixed -use
0'
Setback
on the
15' setback
above 75' for
buildings
70' setback
above 120'
elevation
65% active
ground floor
uses required
Page 14 of 29
SD 27.1 Maximum height, Build -to, Minimum Setback and Use Requirements
Street/
Classification
Height/Number
of Stories
Ground
Floor
Build -To/
Setback
Podium
Setback*
Tower
Setback**
Uses
Primary
on the
western side
of the
street"
350'and 33
stories if
designated as
a gateway'
eastern
side
20'
build -to
on the
western
side
(maximum
allowable
encroach-
ment for
80' of
linear
frontage)
35'
setback
above 30'
elevation
on the
western
side
designated as
a gateway
No setback
requirements
for gateway'
buildings
Liner uses on
all parking
podiums
All SD27.1
uses permitted
Buena Vista
Avenue
Primary
60' for
commercial
single -use
200' for
mixed -use on
the eastern
side of
street
0' Build-
To
15'
setback
above 30'
elevation
on the
east side
N/A
All SD27.1
uses
permitted
Liner uses on
all parking
structures
East Coast
Avenue
300' and 28
Stories
adjacent to
5'
setback
15' setback
above 75'
elevation
N/A
Liner uses on
all parking
podiums
Page 15 of 29
SD 27.1. Maximum height, Build -to, Minimum Setback and Use Requirements
Street/
Classification
Height/Number
of Stories
Ground
Floor
Build -To/
Setback
Podium
Setback*
Tower
Setback**
Uses
Tertiary
the FEC
corridor
350' and 33
stories if
designated as
a gateway'
All SD27.1
uses permitted
NE 36th Street
Primary
350' and 33
Stories
9' Build-
To with
colonnade
or awning
15' setback
above 75'
elevation east
of Midtown
Boulevard
15' setback
above 60'
elevation west
of Midtown
Boulevard
N/A
65% active
ground floor
uses required
Liner uses on
all parking
podiums
All SD27.1
uses permitted
NE 29th Street
Primary
300' and 28
stories
9' Build-
To with
colonnade
or awning
30' setback
above 75'
elevation
N/A
65% active
ground floor
uses required
Liner uses on
all parking
podiums
All 5D27.1
uses permitted
NE 30th, NE
32nd, NE 35th
Street
Secondary
300' and 28
Stories
350' and 33
stories if
designated as
5'
setback
15' setback
above 75'
elevation
N/A
All SD27.1
uses
permitted
Restaurant or
Retail Uses
Page 16 of 29
SD 27.1 Maximum height, Build -to, Minimum Setback and Use Requirements
Street/
Classification
Height/Number
of Stories
Ground
Floor
Build -To/
Setback
Podium
Setback*
Tower
Setback**
Uses
a gateways
are required
along 70' at
intersection
with Midtown
Boulevard
NE 34th Street
(East of
Midtown
300' and 28
stories
0'
Setback
15' setback
above 75'
elevation
N/A
65% active
ground floor
uses required
Boulevard)
Primary
350' if
designated as
a gateways
Liner uses on
all parking
podiums
All SD27.1
uses
permitted
NE 34th Street
60' for
0' Build-
15 feet above
N/A
All SD27.1
(West of
Midtown
commercial
single -use
To
40' elevation
uses
permitted
Boulevard)
Primary
120' for
mixed -use or
theater/en-
tertainment/
civic use
Liner uses on
all parking
structures
200' for
mixed -use
NE 318C NE 33rd
300' and 28
20'
N/A
Liner uses on
Street and NE
34th Terrace
stories
Build -To
55' above 75'
elevation
all parking
podiums and
(side setbacks)
350' and 33
stories if
35'
setback
ground floor
Tertiary
designated as
above 25'
All SD27.1
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a gateway'
elevation
uses
permitted
FEC Corridor
300' and 28
40'
55' setback
N/A
Liner uses on
(No Street
frontage)
stories
Build -To
above 75'
elevation
all parking
podiums
350' and 33
stories if
designated as
a gateway'
All SD27.1
uses
permitted
Dedicated Open
300' and 28
0' Build-
N/A
N/A
Liner uses on
Space greater
than 4,000
square feet
stories
350' and 33
stories if
designated as
a gateway'
To
all parking
podiums
All SD27.1
uses
permitted
* Podium setbacks are for elevations between seventy-five (75} feet and one
hundred twenty (120) feet.
** Tower setbacks are for elevations greater than one hundred twenty (120)
feet.
1. Gateway designations shall be as defined in Section
627.1.6.
Section 627.1.9 Upper Level Floorplates
All building footprints above one hundred twenty (120) feet
in elevation shall not exceed forty (40) percent of the net
lot area.
Section 627.1.10 Street Grid
New streets and avenues in the SD27.1 District shall align
with the existing city street grid. The north/south spacing
between new streets shall not exceed six hundred twenty
(620) feet from centerline of street to centerline of
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street. The east/west spacing between new avenues shall not
exceed four hundred (400) feet from centerline of avenue to
centerline of avenue.
For the purpose of this ordinance streets shall be
categorized as "primary", "secondary" and "tertiary" as
follows:
1. Primary Streets: Northeast 34th Street, Northeast 36th
Street, Midtown Boulevard and Northeast 29th Street.
2. Secondary Streets: Northeast 30th Street, Northeast 32nd
Street and Northeast 35th Street
3. Tertiary Streets: Northeast 31st Street, Northeast
Street, Northeast 34th Terrace and East Coast Avenue.
33rd
For further clarification, refer to the SD 27 Design
Standards.
Section 627.1.11 Streetscape
All exterior space as defined in the SD 27.1 Zoning
Ordinance shall conform to the following standards and are
subject to approval by the Director of the City of Miami
Public Works Department and other authorities having
jurisdiction. Denial of these requirements by such
authorities for reasons of public health, safety and
welfare shall not constitute a variance from this
Ordinance. Recommendations beyond the requirements provided
herein are provided in the supplemental SD 27 Design
Standards.
Page 19 of 29
1. All required yards, setbacks, and sidewalk area within
the public right-of-way adjacent to streets shall be a
continuous pedestrian space. For all sidewalks, an area a
minimum of 5' wide must remain clear of all obstructions
to ensure adequate pedestrian circulation.
2. For all streets, the ground floor of buildings shall be
set back from the property line, where necessary, to
provide a minimum sidewalk width of ten (10) feet from
face of building to curb line. Unless otherwise
prohibited by setback requirements of the SD 27.1 Zoning
District, the upper floors of buildings may overhang this
setback. The setback area shall be improved to meet the
adopted design standards of the SD 27.1 Zoning District
for the adjacent public sidewalk including pavement
treatment, landscaping, street lighting and awnings.
3. Street furniture shall be as defined in the SD 27 Design
Standards. Street furniture shall be part of the urban
streetscape to encourage pedestrian activity and provide
such amenities as: trash receptacles, benches, bollards,
pedestrian lighting, bicycle racks, parking meters,
street signs, transit shelters, tables, chairs, and water
fountains. Trash receptacles and benches shall be
provided at a minimum of two hundred (200) foot intervals
on both sides of Northeast 34th Street and Midtown
Boulevard. Bicycle racks shall be provided at six hundred
(600) foot intervals on both sided of Northeast 34th
Street and Midtown Boulevard. These may be located in the
pedestrian areas as long as pedestrian flow patterns are
continuous.
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4. All specified plant material shall be Florida #1 or
better. Refer to the Florida Grades and Standards Manual.
All shade trees shall have high wind resistance.
Additionally, all trees and shrubs shall be native to
Florida or have sub -tropic, drought tolerant
characteristics.
5. Palm trees shall be provided in the sidewalk area at a
minimum spacing of twenty-five (25) feet. Large palms
shall have a minimum height of sixteen (16) feet and
small palms shall have a minimum height of eight (8)
feet.
6. Shade trees shall be provided in the sidewalk area at a
minimum spacing of forty (40) feet on center with an
eight (8) foot continuous canopy spread at planting and a
twenty-five (25) foot spread at maturity with a 3"
caliper at planting. Such trees shall have a minimum
height of fourteen (14) feet at planting and twenty-five
(25) feet at maturity.
7. Only one shade tree species may be used for each
individual street. Such sp_ecies shall be determined by
the City of Miami Planning and Zoning Department through
the Class II Permit process.
8.All requirements for street medians shall adhere to the
recommendations provided in the supplemental SD 27 Design
Standards.
Section 627.1.12 Buildings
Page 21 of 29
All buildings abutting "primary streets" as defined in the
SD 27.1 Zoning Ordinance shall conform with the following
standards:
1. A minimum of sixty-five percent (65%) of the linear
frontage of any lot abutting a "primary street" shall
contain ground floor space designed to accommodate retail
and other uses that promote pedestrian traffic. The
design of such space shall meet the standards listed
below, except for buildings that are intended primarily
for residential use, where ground floor pedestrian
oriented uses would be inappropriate or disruptive to the
residential use.
a. All ground level space designed for pedestrian
oriented uses shall have external entrances directly
accessible from public sidewalk space. At least one
(1) external entrance shall be located along the
frontage of the primary street or on the corner
intersection of the _primary street and any other
street. Additionally, each building use, such as a
retail store with a
separate entrances.
transparent.
cafe or
All
restaurant, shall have
such
entrances shall be
b. For the first ten (10) feet of height above the public
sidewalk elevation, the exterior building wall shall
contain windows and/or doorways of transparent glass
covering at least fifty (50) percent of the wall area.
Additionally, the base of all transparent openings
shall be no more than thirty (30) inches above the
sidewalk.
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c. Arcades and colonnades shall be at least seven (7)
feet wide and twelve (12) feet high. A minimum of
five (5) feet of the sidewalk must remain clear of all
obstructions to ensure adequate pedestrian
circulation.
2. The remaining frontage of thirty-five percent (35%) may
be dedicated to entrances, lobbies, customer driveways,
architectural treatment, or non -pedestrian oriented uses.
No portion of a building wall that does not contain
transparent glass shall be constructed with a flat,
unarticulated surface for a distance of greater than
twelve (12) feet.
Section 627.1.13 Building Functionality
All exterior space as defined in the SD 27.2 Zoning
Ordinance shall conform to the following standards, except
as provided:
1 Service access and loading areas shall not be permitted
to front the following streets or portions thereof:
Northeast 36th Street; Midtown Boulevard; Northeast 29th
Street; and within side setbacks (mews) as required in
Section 627.1.7.
2. Service access and loading areas shall be enclosed within
buildings or screened from public view with architectural
walls and/or landscaping.
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1
3.All dumpsters shall be concealed on three sides by a
solid structure, and on the fourth side by an opaque
gate.
4. Utility boxes, meters, and HVAC equipment shall be
concealed within buildings or screened from public view.
Section 627.1.14 Surface Parking and Parking Garages
Surface parking and parking structures shall conform with
the following standards:
1.Off-street parking is not permitted along frontages of
primary streets.
2. Service access to parking structures shall not be
permitted along "primary streets". Service access shall
be located on "secondary" and "tertiary" streets only.
3. Blank, unarticulated walls will not be permitted for
parking _podium facades that are not lined with uses.
Such facades shall have architectural treatments designed
to be compatible with neighboring buildings. Ramps,
stairwells and any other portion of a garage should be
buffered with the use of decorative grilles and screens,
landscaping, and other varied materials.
4.As required in Section 627.1.7, liner uses are required
on parking garages except when such construction of uses
would interfere with the ventilation requirements of
applicable building codes. Such ventilation requirements
shall be met with the least possible disruption to a
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continuous
liner use program as required in Section
627.1.7 and shall be accommodated on secondary and
tertiary street frontages.
Section 627.1.15 Open Space
A minimum of ten (10) percent of the gross lot area shall
be provided as open space as defined in Section 627, except
as follows:
Since the intent of the district is to provide significant
common public open space, the minimum open space
requirement may be aggregated among parcels or lots under
common ownership and located in a common location within
the district. Such aggregation of open space shall be
improved as provided in Section 627.
Pursuant to the District plat, dedicated open space platted
within the District shall be allowed to be substituted for
the requirements provided herein. Such platted open space
shall be improved as provided in Section 627.
Within the block bounded by Northeast 36th Street, Midtown
Boulevard, Northeast 34th Street and Buena Vista Avenue,
one (1) acre of open space shall be provided. Such open
space shall be contiguous and centrally located within the
block and shall be in addition to required Streetscape
improvements provided in Section 627.1.10.
Section 627.1.16 Off -Street Parking
A. Requirements.
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Since it is intended to promote the use of multi -modal
transportation and that automobile traffic be minimized,
the off-street parking requirements shall be as follows:
1. For residential uses, one (1) space per dwelling unit
2. For hotel or motel uses, one (1) space per three (3)
lodging units.
3. For theaters, one (1) space per each eight (8) fixed
seats.
4. For all other uses, one (1) space per five hundred (500)
square feet of gross floor area.
Valet parking shall be allowed to satisfy off-street
parking requirements.
B. Off site parking permitted.
Notwithstanding the limitations of section 918, offsite
parking shall be permitted by Class II Special Permit
without limitation on percentage of the required number of
spaces or maximum distance from the principal use when
located within the SD-27.1 zoning district. Furthermore,
there shall be no required demonstration or findings of
practical difficulty or unnecessary hardship in providing
required parking on the site, 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 offsite parking patrons to
and from the principal site at the property owner's expense.
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Section 627.1.17 Off -Street Loading
The off-street loading requirements shall be as follows:
1. For residential uses:
a. Berth minimum to be twelve (12) by thirty-five (35)
feet by fifteen (15) feet in height;
b. One (1) berth for every one hundred (100)
residential units or fraction thereof.
2. For non-residential uses:
a. Berth minimum to be twelve (12) by fifty-five (55)
feet by fifteen (15) feet in height;
b. For non-residential floor area of twenty-five
thousand (25,000) up to fifty thousand (50,000)
square feet, one (1) berth total;
c For non-residential floor area up to one hundred
thousand (100,000) square feet, two (2) berths
total;
d. For non-residential floor area up to two hundred
fifty thousand (250,000) square feet, three (3)
berths total;
e. For non-residential floor area up to five hundred
thousand (500,000) square feet, four (4) berths
total.
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3. Mixed use projects shall comply with loading
requirements per use as specified above.
Since it is intended to promote the most efficient use of
land, notwithstanding the provisions of Section 922.1 and
922.4, the maneuvering of trucks within the public right of
way for the purposes of off-street loading shall be allowed
by a Class II Special Permit. Additionally, tandem loading
berths for non-residential uses shall be allowed by a Class
II Special Permit.
Section 627.1.18 Sign Regulations
See Article 10 sign regulations as for SD-8, and in
addition, the SD-27 Design Standards for sign regulations
and limitations"
*
*I!
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.
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PASSED ON FIRST READING BY TITLE ONLY this 25th day
Of September , 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY
TITLE ONLY this
day of , 2003.
MANUEL A. DIAZ, MAYOR
ATTEST:
PRISCILLA A. THOMPSON
CITY CLERK
APPROVED AS TO FORM AND CORRECTNESS:``""
ALEJANDRO VILARELLO
CITY ATTORNEY
W1521:GKW:et
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