Loading...
HomeMy WebLinkAboutSR LegislationJ-03-916 12/03/03 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, 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 OVERLAY DISTRICT; TO ADD A NEW SUB -DISTRICT SD-27.2 ENTITLED BUENA VISTA YARD WEST, 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 November 5, 2003, Item No. 2, following an advertised hearing, adopted Resolution No. PAB 67-03 by a vote of nine to zero (9-0), 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 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 Special Districts. Section 627.2 Buena Vista Yard West The Area is bounded by Northeast 36th Street on the north and North Miami. Avenue on the west. On the south, the area is bounded by the centerline of Northeast 34th Street between Buena Vista Avenue and Midtown Boulevard and by Northeast 29th Street between North Miami Avenue and Midtown Boulevard. On the east, 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. 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 32 Section 627.2.1 Intent The Buena Vista Yard West district regulations are intended to provide a method to allow for planning initiatives that achieve a unique or innovative development that is 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 flexible 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. Design standards supplement this ordinance and provide more detailed clarification. This district is of special and substantial public interest given its proximity to Downtown Miami and the Omni Area, 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 creation of a Miami midtown environment through intensive urban retail mixed -use development with a twenty - Page 3 of 32 four hour activity pattern; and (2) Enhance the pedestrian environment and connectivity of the existing surrounding areas by extending the city street grid through the district. 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 for 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 herein, it is further intended that buildings be designed utilizing environmentally sensitive methods, including, but not limited to, passive and active solar techniques, green - Page 4 of 32 roofs, the utilization of environmentally sustainable materials and efficient mechanical systems. Section 627.2.2 Effect of SD-27.2 district designation The SD-27.2 Buena Vista Yard West district shall supplant districts or portions of districts included within the SD boundaries to the extent indicated in the official zoning atlas.. Section 627.2.3 Class II Special Permit Section 627.2.3.1. 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 the construction of a new building. Section 627.2.3.2. 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 Page 5 of 32 listed in section 1305, and with the special considerations contained in the Design Standards. Notwithstanding any other provision of the zoning code, a Major Use Special Permit is required for non-residential uses in a single building that exceed 400,000 square feet of floor area and residential units in a single building that exceed 400 dwelling units, or any combined use which exceeds 2,500 parking spaces in a single building. Any variances (as defined in Article 19) sought from the provisions of the SD 27 regulations shall require such deviation to be considered within the process for a Major Use Special Permit as defined in Article 17 and the increased development thresholds as set forth above shall not apply. Section 627.2.4 Principal Uses and Structures The following uses shall be permitted within the district, subject to the provisions of Section 627.2.7: 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. Page 6 of 32 2. Retail establishments open to the general public as follows: big box retail (retail establishments greater then 20,000 square feet of floor area), 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 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; wholesale establishments open to the general public; or any other similar use customarily Page 7 of 32 found in a major retail shopping center. 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 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 as per the R-4 Zoning District. 5. Hotels. Page 8 of 32 6. Production Studios. 7. 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. 8 Public and private recreational facilities and community service facilities. 9. Production of art and handicrafts (but not mass- produced items) incidental to sale at retail on the premises. 10. Restaurants, brewery restaurants, tearooms and cafes (without drive -through facilities), including those with dancing and live entertainment. 11. Bars, cocktail lounges, saloons and taverns, supper clubs and nightclubs, including those with live entertainment open to the general public. 12. Art galleries, auditoriums; theaters (including open air theatres) and cinemas, museums, libraries and similar cultural uses. 13. Structures for operating public transportation. 14. Parking lots and garages subject to Sections 627.2.5, 627.2.7and 627.1.12. Page 9 of 32 15. Public or private educational facilities. 16. Cellular communications in accordance with the provisions of the C-1 Zoning district. 17. Drive -Through facilities on "secondary" and "tertiary" streets. 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 627.2.5 Accessory Uses Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and 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 II Special Permit. No aboveground off-street parking or loading area shall be permitted between any front portion of a building and the Page 10 of 32 front line of a lot adjoining any street; provided, however that off-street narking 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 627.2.6 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 27.2 district shall be as follows: a Except as otherwise provided below, the floor area ratio shall not exceed one and seventy-two hundredths (1.72) times the gross lot area for single use commercial buildings. b. The floor area for all mixed -use buildings shall not exceed three (3.0) times the gross lot area. Page 11 of 32 c Allowable increase in floor area up to five tenths (0.5) will be provided for payment into a Neighborhood Improvement Trust Fund. 3. Density Density shall not exceed 150 residential units/net acre and in no case shall exceed a total of 1,500 units within the entire district. 4. Maximum Heights a. Maximum heights shall be as provided in Section 627.2.7. b All parking structures shall not exceed seventy-five (75) feet in height, except as otherwise provided in Section 627.2.12. 5. Maximum and Minimum Setback Requirements and Build -To Lines a Setback re uirements shall be measured perpendicular to and from the base building line. Platted public right of way lines shall be defined as the Base Building Line. When platted right of way lines at street intersections are rounded, setbacks shall be measured from projected right of way lines and not from the rounded portions of such lines. The Design Standards provide further Page 12 of 32 clarification of the requirements provided herein. The maximum and minimum setbacks and build --to requirements shall be as provided in Section 627.2.7 and below, as follows: b. 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 maximum depth of ten (10) feet, except as otherwise provided in Section 627.2.7. Off- street parking shall not be allowed within the maximum setback. Building frontage may exceed the maximum ground floor setback requirement, provided that the resultant area between the building frontage and the base building line is designed and improved as public open space. c. Colonnades encroach the setback and build -to requirements provided that a minimum of five {5} feet of sidewalk must remain clear of all obstructions. In addition, awnings and upper story balconies may encroach the setback and build -to requirements by a distance of seven (7) feet. Upper story architectural features may encroach the Page 13 of 32 setback and build -to requirements by a distance of five (5) feet but shall not exceed thirty (30%) percent of the building frontage. d. Build -To Lines shall only be applicable for 60% of the street frontage. 6. Gateway Designations As provided in Section 627, the gateway site shall be the Southeast corner of the intersection of Northeast 36th Street and North Miami Avenue. Such designation, for the purposes of height limitations, setback and build -to requirements shall apply for a north/south dimension of one hundred fifty (150') feet and an east/west dimension of four hundred (400') feet. Section 627.2.7 Maximum Height, Build -To, Minimum Setback and Use Requirements SD 27.2 Maximum height, Build -To, Minimum Setback and Use Requirements Street/ Height Ground Floor Mid -level Upper- Uses Classification Build -To Setback* level Setback** Midtown 60' for 20' Build -To 35' N/A All SD27.2 Boulevard commercial Area between setback uses Primary single -use above 60' permitted 120' for the building elevation except frontage and that Big residential base Box retail or mixed- building shall not use line shall be be improved permitted as open from 31`W Page 14 of 32 SD 27.2 Maximum height, Build -To, Minimum Setback and Use Requirements Street/ Height Ground Floor Mid -level Upper- Uses Classification Build -To Setback* level Setback** space. Street to Maximum 3 6" Street. Allowable Liner uses encroachment (0' build- on all to) for 80' parking of linear structures frontage per block Buena Vista 60' for 0' Build --To N/A 15' All SD27.2 Avenue commercial setback uses (north of 34th single -use above 60' permitted Street) 120' for Liner uses Primary mixed -use on all parking structures except as otherwise provided in Section 627.2.12 Buena Vista 60' for 0' Build -To N/A 15' All SD27.2 Avenue commercial setback uses (south of 34`h single -use above 60' permitted Street) 120' for elevation Primary mixed -use or theaters NE 36� Street 60' for 9' Setback N/A 15' All SD27.2 Primary commercial with setback uses single -use colonnade or above 60' permitted 120' for awning elevation Liner uses Maximum mixed -use on all 200' for Setback of parking 20' structures mixed -use except as and otherwise gateway provided requirement in Section 627.2.12 Page 15 of 32 SD 27.2 Maximum height, Build -To, Minimum Setback and Use Requirements Street/ Height Ground Floor Mid -level Upper- Uses Classification Build -To Setback* level Setback** NE 29�h Street 60' for N/A N/A N/A All SD27.2 Primary commercial uses single -use permitted 120' for Liner uses mixed -use on all parking structures except as otherwise provided in Section 627.2.12 North 60' for 9' Build- N/A 15' All SD27.2 Miami commercial To with setback uses Avenue single -use colonnade above permitted Primary 120' for or awning 60' Liner uses 5' Build- mixed -use on all 200' for to from parking centerline structures mixed -use of NE 36th except as and Street otherwise gateway' south for provided requirement a distance in Section of 315' 627.2.12 NE 34 60' for 0' Build- 15' N/A All SD27.2 Street commercial To setback uses Primary single -use above 40' permitted 120' for elevation Liner uses mixed -use on all parking structures except as otherwise provided in Section 627.2.12 NE 32''1 60' for 0' Build- 10' N/A 30% active Street commercial To setback ground Page 16 of 32 Secondary single -use above 20' floor uses 120' for elevation All SD27.2 mixed -use uses permitted NE 31St 60' for 0' Build-- N/A N/A 30% active Street commercial To ground Secondary single -use floor uses 120' for All SD27.2 mixed -use uses permitted NE 30t`, 60' for 0' Build- 15' N/A 30% active 33ra, 35-` commercial To setback ground Street single -use above 40' floor uses and 120' for elevation All SD27.2 NE 34th Terrace Secondary mixed -use uses permitted Dedicated 60' for 0' Build- N/A N/A All SD27.2 Open commercial To uses Space single -use permitted greater 120' for than 1 acre mixed -use Interior 60' for 0' Setback N/A N/A All SD27.2 Side commercial uses single -use permitted 120' for mixed -use * Mid -level setbacks are for elevations between twenty (20) feet and sixty (60) feet. ** Upper -level setbacks are for elevations greater than sixty (60) feet. 1. Gateway designations shall be as defined in Section 627.2.6 Section 627.2.8 Street Grid/Blocks Page 17 of 32 Northeast 34th Street and Northeast 36th Street shall extend through the SD27.2 District and shall align with the existing city street grid west of North Miami Avenue. Northeast 31st Street shall extend through the SD 27.2 District and shall generally align with the existing street grid west of North Miami Avenue North of Northeast 34th Street, the north/south spacing between new streets shall not exceed eight hundred twenty-five (825) feet from centerline of street to centerline of street. South of Northeast 34th Street, the north/south spacing between new streets shall not exceed seven (700) feet from centerline of street to centerline of street. The east/west spacing between new avenues shall not exceed seven hundred twenty- five (725) feet from centerline of avenue to centerline of avenue. Open Space, with an area of at least one (1) acre, may be substituted in lieu of a new Street or Avenue. For the purpose of this ordinance, streets shall be categorized as "primary" and "secondary" as follows: 1. Primary Streets: North Miami Avenue, Northeast 34th Street, Northeast 36th Street, Midtown Boulevard, Northeast 29th Street, Buena Vista Avenue. Page 18 of 32 2 Secondary Streets: Northeast 30th Street, Northeast 31st Street, Northeast 32'd Street, Northeast 33r Street, Northeast 35t' Place and Northeast 35th Street. Refer to the SD 27.2 Design Standards for additional Design Standards and Guidelines regarding streets. Section 627.2.9 Streetscape All exterior space as defined in the SD 27.2 Zoning Ordinance shall conform to the following standards and are subject to approval by the Director of the City of Miami Department of Public Works 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. Refer to the SD 27.2 Design Standards for additional Design Standards and Guidelines regarding streetscapes. 1. All required 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 five (5') feet Page 19 of 32 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 27.2 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 27.2 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 and chairs. 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 Page 20 of 32 Boulevard. Bicycle racks shall be provided at six hundred (600) foot intervals on both sides of Northeast 34th Street and Midtown Boulevard. These may be located in the pedestrian areas as long as pedestrian flow patterns are continuous. Greater spacing may be allowed by Class II Special Permit if such spacing is required: 1) to promote or enhance pedestrian safety or 2) to maintain compliance with the SD 27 Design Standards. 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 generally be provided in the sidewalk area at a minimum spacing of twenty-five (25) feet, except that greater spacing may be allowed by Class II Special Permit if such spacing is required: 1) to promote or enhance pedestrian safety or 2) to maintain compliance with the SD 27 Design Standards. Page 21 of 32 6. Large palms shall have a minimum height of sixteen (16) feet and small palms shall have a minimum height of eight (8) feet. 7. 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. 8. In order to provide for a unified street character, only one shade tree species may be used for each individual street within the entirety of the SD 27 district. Such species selection is subject to approval by Class II Special. Permit. Section 627.2.10 Buildings All buildings abutting "primary streets" as provided in Section 627.2.8, shall conform to the following standards: 1. A minimum of sixty-five (65) percent of the linear frontage of any lot abutting a "primary" Page 22 of 32 street, and thirty (30) percent of any lot abutting a "secondary" 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 or the frontage of public open space. Additionally, each building use, such as a retail store with a cafe or restaurant, shall have separate entrances. All such entrances shall be transparent. b. For the first ten (10) feet of height above the public sidewalk elevation, the exterior Page 23 of 32 building wall shall contain windows and/or doorways of transparent glass covering at least fifty (50) percent of linear frontage (to be calculated at a height over 30 inches) of each building; plazas and openings into pedestrian entrances and spaces shall count towards the 50% transparency requirement specified in this section. Additionally, the base of all transparent openings shall be no more than thirty (30) inches above the sidewalk. Display windows may count towards the transparency requirement and may encroach upon specified setback and build -to lines by a distance no greater than thirty (30) inches, provided that a minimum of five (5) feet of sidewalk must remain clear of all obstructions. c. Arcades and colonnades, where proposed shall be at least nine (9) 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. Page 24 of 32 d. 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 twenty (20) feet. In addition, any building frontage on North Miami Avenue that exceeds three hundred (300) feet shall incorporate a major break of at least thirty (30) feet in width by ten (10) feet in depth at ground level. Such breaks shall be improved as open space and/or provide building access and occur on axis with the existing city street grid. 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 twenty (20) feet. Section 627.2.11 Building Functionality Page 25 of 32 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 service loading areas shall not be permitted to front the following streets or portions: North Miami Avenue south of Northeast 34th Street; Midtown Boulevard; Buena Vista Avenue; and Northeast 29th Street. 2. Service loading areas shall be enclosed within buildings or screened from public view with architectural walls and/or landscaping. 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 627.2.12 Surface Parking and Parking Garages Surface parking and parking structures shall conform to the following standards: 1. Ground level off-street parking is not permitted along frontages of primary streets. Page 26 of 32 2. Blank, unarticulated walls shall not be permitted for parking garage facades that are not lined with uses. Such facades shall have architectural treatments designed to be compatible with adjacent 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. 3. As provided in Section 627.2.7, liner uses are generally required on parking garages that front primary streets. When required, ground level parking facilities must be lined with active uses. Upper level parking facilities that do not incorporate liner uses shall be setback no less than 85' and shall not exceed a height of 50'. All other requirements provided herein shall apply. Section 627.2.13 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: Page 27 of 32 1. 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. 2. 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. Section 627.2.14 Off-street Parking In recognition of the pedestrian oriented, mixed -use nature of the SD 27.2 District, it is anticipated that visitors to the District will park once and visit more than one destination. Therefore the required amount of off-street parking will be lower in the SD 27.2 District than in other Districts of the City. A. Requirements Page 28 of 32 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. There shall be no reQuirement when uses are within a one thousand (1,000) foot radius of a public parking facility with a capacity equal to or greater than the requirements provided herein. B Off site parking permitted. Notwithstanding the limitations of section 918, off-street parking requirements for all uses within the SD 27.2 District can be provided by parking facilities that are owned by a unit of local government, including a community development district, provided that the parking facilities: a) are located within the SD 27.2 District and b) have a Page 29 of 32 capacity equal to or greater than the requirements provided herein. Section 627.2.15 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 twenty (120) 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; Page 30 of 32 e. For non-residential floor area up to five hundred thousand (500,000) square feet, four (4) berths total. 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.. Section 627.2.16 Sian Regulations Signs within the district shall comply with the regulations of the C-2 Liberal Commercial District as provided in Article 10. 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. Page 31 of 32 Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption./ PASSED ON FIRST READING BY TITLE ONLY this 18th day of December , 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 CORRECTNESSt41 ALEJANDRO VILARELLO CITY ATTORNEY W1S60:GKW:et 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 32 of 32