Loading...
HomeMy WebLinkAboutsubmission - correspondence 25557 S 1-6 IE.As SiQ . fl't-'_ sits Stor c- _11k NE4o c n !ViEST" SDI -6LNb_ EAsi- NE_ NEIGHBORHOOD ENHANCEMENT TEAM April 12, 2002 Eileen Bottari Palm Grove Neighborhood Association 505 NE 76 Street Miami, F133138 Dear Mrs. Bottari: Attached please find a final draft of the propbsed zoning change for Biscayne Boulevard. The new integrated Special District 9 (SD-9). A community meeting will be scheduled to discuss this draft legislation along with the next steps required for approval by the City Commission. If you have any comments regarding this draft, please contact Mr. Gregory Gay, Urban Community Planner, at (305) 416-1416, or the Upper Eastside NET Service Center. Also attached please find the annual Neighborhood Association Registration -Form. Please mail or fax this foum to the NET office at your convenience. Sincerely, Fred Fernandez, E.D.F.P. Administrator SUBMITTED INTO THE PUBLIC RECORD FOR ITEMP22/ ON a —a — , 4 CITY OF MIAMI UPPER EASTSIDE SERVICE CENTER /6599 Bis. Boulevard /Miami, FL 33138/(305) 195-2330/FAX /9b-1,533 SD-9, 9.1, 9.2: Special Zoning District The Biscayne Boulevard - Upper Eastside Commercial, Office ce and Entertainment Intent and Scale Biscayne Boulevard is one of the most significant t boulevards in South; Florida, and one of the -major thoroughfares within the City'of Miami. This commercial, office and'residenhal district is . of special and,substantial ,public interest because of preserve and; enhance its: gateway- role; specific attention needs to be given to upgrading the roadways and access points, promoting architecturally significant structures, amenities and visual qualities of the Boulevard, while promoting restoration and continued maintenance of the beautiful historic homes within the abutting communities:.. It is intended that future public and private development shall respect and enhance this gateway role by providing well -landscaped : and appropriately designed developments along the Boulevard. Intensity: For residential uses: As for R- For office uses: Minimum lot size: Twenty thousand (20,000) square feet Setback: Front - minimum zero (0) feet/maximum ten (10) feet, side - ten (10) feet, or the same as the abutting zoning district, whichever is greater, rear ten (10) feet, or the same as the abutting zoning district, whichever is greater; the maximum height of a building at the base building line is equal to half of the sum of the right-of-way,'or.fifty (50) feet, whichever is greater. Portions of buildings above that height, shall set back one (1) additional foot per each foot in height, except in lots with multiple street frontages where this additional setback applies to frontage on arterials and collectors only. Minimum lot width: One -hundred (100) feet. Floor area ratio: Maximum of one and seventy -two -hundredths (1.72) times the gross lot area. Height: Thirty-five (35) feet, except between NE 4000 block and NE 4800 block of Biscayne Boulevard where the maximum height shall not exceed one hundred fifty (150) feet, unless otherwise specified. Building footprint: Maximum of four -tenths (0.40) times the gross lot area. Green space: Minimum of fifteen -hundredths (0.15) times the gross lot area. Pa PP. 1 hf 17 )RAFT 04/(f /7007 For commercial uses: Minimum lot size: Twenty thousand (10,000) square feet Setback: Front — minimum of zero (0) feet/maximum of ten (10) feet, side — zero (0) feet, or the same as the abutting zoning district, whichever is greater; rear — ten (10) feet, or the same as the abutting zoning district, whichever is greater; the maximum height of a building at the base building line is equal to half of the sum of the right-of-way, or fifty (50) feet, whichever is greater. Portions of buildings above that height, shall set back one (1) additional foot pereach foot in height, except in lots with multiple street frontages where this additional setback applies to frontage on arterials and collectors only. Minimum lot width: One -hundred (100) feet. Floor area ratio: Maximum of one and seventy -two -hundredths (1.72) times the gross lot area. Height: Thirty-five (35) feet_ unless otherwise specified. Building footprint: Maximum of four -tenths (0.40) times the gross lot area. Green space: Minimum of fifteen -hundredths (0.15) times the gross lot area. Effect of SD-9 District designation. The effect of these SD-9 regulations shall be to supplant district regulations within portions of other zoning districts included within the SD boundaries, from NE 39th Street to NE 87th Street (Miami City Limits), to the extent indicated herein. Class II Special Permit When required. A Class II Special Permit shall be required prior to issuing of any other permit (except special permits pursuant to article 13) affecting the height, bulk, location, or exterior configuration or alteration of any structure, parking area or vehicular way or sign visible from a public street, or the erection of any structure, parking area or vehicular way or sign visible from public right of way. Considerations in making Class II Special Permit determinations. The Class II Special Permit shall ensure conformity of the application with the expressed intent of the district, with the general considerations listed in section 1305, and with the special considerations listed below. In making determinations conceming construction of new principal Pave 7 of 17 DRAFT 04/03/7.007 buildings or substantial exterior alterations of existing principal buildings, the Planning and Zoning Director shall obtain the recommendation of the Urban Development Review Board and consider applicable City of Miami design standards and guidelines as follows: (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 consistent with the City of Miami Biscayne Boulevard Landscape Design Guidelines and Standards suitable to its gateway role. Other street trees shall be provided in the sidewalk area at a maximum spacing of thirty (30) feet on center. Such trees shall be a minimum of fifteen (15) feet in height, three-inch caliper, and seven (7) feet clear trunk; and/or (2) Street furniture shall be provided which may include ;benches, trash receptacles, pedestrian walkway lighting, bus shelters, kiosks, among other appropriate street furniture as deterrnined by the Planning and Zoning Director. These may be located in the pedestrian areas as long as pedestrian flow patterns are continuous; and/or (3) Off street parking shall not be placed in required 'yards or open space adjacent to Biscayne "Boulevard. Vehicular entrances shall be prohibited along the Boulevard when access from other public right-of-way is available However, parking shall be allowed where a street barricade exists between a commercial and residential zoned area, but only within the commercial zoned district. These "pocket parking lots" shall be landscaped, have proper drainage, curb and gutter, and lighting in accordance with the City of Miami Design Guidelines and Standards for parking facilities and shall be funded by the Upper Eastside Parking Trust (See Minimum Required Offstreet Parking); and/or (4) Rooftop parking and other areas containing mechanical equipment and utility areas shall be appropriately screened with landscaping or architectural materials; and/or (5) Interim landscape. Prior to demolishing and removing of an existing structure, pavement and/or 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. Revegetation shall include sodding with grass or other ground cover to prevent soil erosion and blowing of airborne particulate matters and debris. The owner will be required to maintain the landscape. Limitation of use of chain link fence. Chain link fences and/or solid wall enclosures shall not be placed in required open space adjacent to Biscayne Boulevard unless it is of a temporary nature either to secure an unsafe structure prior to demolition or to secure construction sites until finished. Fences may be allowed in other areas of the property only if visually screened with landscape material, or out of public view. Pane 3 of 17 DR AFT 04/03/90(12 Permitted Principal uses and structures Principal uses and structures permitted at any location; limitations as to location of uses along ground floor frontage of pedestrian street. The following shall be permitted: 1. Service establishments as follow: Interior design; duplicating centers; dressmaking, millinery or drapery fabrication. 2. Production of art and handicrafts (but not mass-produced items) incidental to the sale at retail on the premises. 3. Art galleries, museums, libraries and similar cultural uses. 4. Post -secondary public or private educational facilities. 5. Offices not selling merchandise on the premises, except clinics, medical, or dental which are over five -thousand (5,000) square feet in area. 6. Health spa or studio a. Health studios or spas under ten thousand (10,000) square feet may be located anywhere within the building. b. Health studios or spas ten thousand (10,000) square feet in size and larger may be located only on the ground level of the building. 7. Hand automobile wash facility (detailing service) by Class II Special Permit, limited to a minimum of one thousand feet from any automobile wash facility, hand or automated. Services must be provided within a partial or totally enclosed structure. Offstreet Parking Requirements: For residential use: Same as for R-3 Multifamily Medium -Density Residential For nonresidential use: One (1) space (on -site) per two hundred (200) square feet of gross floor area for barber and beauty shops, or similar retail establishment. One (1) space (on -site) per each five (5) fixed seats, and per fifty (50) square feet of gross floor area for movable seats for classes,- meeting halls, museums, libraries and places of general assembly, excluding classrooms, and other areas not for general assembly. One (1) space (on -site) per every one hundred fifty (150) square feet of gross floor area for restaurant venues or other dine -in food service uses. Except as required above, one (1) space (on -site) per every three hundred (300) square feet of gross floor area, for other nonresidential uses. Pane 4 of 17 DR AFT 04/01/7007 Limitation on signs General limitations Signs fifteen (15) feet or less above grade; limitations on number and area. Wall signs (not including signs in glassed area of window 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-five (25) square feet, except as otherwise specifically provided herein (see section ). Signs in glassed areas of windows and doors shall not exceed twenty (20) percent of the glassed area of the window or door involved. In addition to the Class II Special Permit required for such signs, referral to the urban development review board shall be mandatory. Prohibited signs. Billboards, banners, poster panels, balloon signs, ground signs or 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 kiosks, in accordance with limitations and regulations relating thereto at section and those in special permits proceedings on particular community or neighborhood bulletin board or kiosks. Detailed limitations, wall signs, projecting signs, and window signs. Within twenty-five (25) square feet and two (2) feet height maximum allowable, at or below fifteen (15) feet above grade, the following limitations shall apply to number and area 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 (25) 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 shall not exceed four (4) square feet in sign area. All establishments within a shopping center or office plaza shall have signage that is uniform in size, shape, and basic design, 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. Pave 5 of 17 DR AFT fl4/fl /7flt)7 Freestanding signs Freestanding signs, other than incidental signs and other signs expressly permitted by other provisions of this ordinance, are permitted in accordance with the following provisions and are otherwise prohibited: 1. Minimum frontage: A freestanding sign shall be permitted only in a property with at least seventy-five (75) feet of street frontage on a single street. 2. Minimum setbacks: A freestanding sign shall not be located (leading edge) less than seven (7) feet from the public right-of—way line, five (5) feet from any adjacent property line, or twenty-five (25) feet from a public right-of-way intersection. 3. Corner lots: A freestanding sign on a corner property shall be permitted only along the main street. A freestanding sign may be allowed in exchange for one (1) of the two permitted wall signs. 4. Building size: Subject to the provisions of subparagraph of this Section, a freestanding sign shall be permitted only on a property with non-residential building of at least five thousand (5,000) square feet. 5. Landscaping: A freestanding sign shall be located in a landscaped area with one hundred (100) square feet of additional landscaping in accordance with a landscape plan approved by the Director of Planning & Zoning, or designee, in addition to other applicable landscaping requirements, which shall be required as a condition of erecting and maintaining a freestanding sign. The landscaped area shall be enclosed with a continuous poured concrete curb. 6. Materials: All freestanding signs shall be constructed of the same or aesthetically comparable materials and products of which the principal building finish on the same property is constructed. 7. Adjacent lines of copy shall be separated by a minimum distance equal to forty (40) percent of the size of the largest letter contained in said lines. 8. A double-faced freestanding sign shall have a maximum distance of three (3) feet between the sides and an internal angle not to exceed thirty (30) degrees. 9.. Dimensions: The dimensions of a freestanding sign permitted under shall not exceed the following: Maximum Building Total Sign Height Area per Total Face Minimum Maximum Net Lot Area (Sq. Ft.) (Feet) Sign Side Area Letter Size Letter Size (Sq. Ft.) (Sq. Ft.) Less than 5,000 * * * * * 5,000+ to 10,000 6 25 50 5" 18" 10,000+ to 25,000 8 49 98 8" 24" 25,000+ to 50,000 12 64 128 10" 30" 50,000+ to 100,000 16 81 162 12" 36" 100,000+** 18 100 200 15" 48" *The permissibility and the dimensions of a freestanding signs on lots with buildings with a grdss floor area between one thousand (1,000) and five thousand (5,000) square feet shall be determined by the Director of Planning & Zoning at their discretion, but in no event shall exceed six (6) feet in height and fifty (50) square feet in total face area. In exercising discretion under this section, the Director shall consider the orientation of the building on the lot, the relation between the size of the building and size of the lot and the location of the lot in relation to adjoining lots. A sign owner or applicant who disagrees with the decision or interpretation of the Pave 6 of 17 TAR AFT 04/03/9001 Director may pursuant to this section, appeal said decision within 30 days of the date thereof to the City Commission. **Properties with a building gross lot area in excess of one hundred thousand (100,000) square feet may be allowed a second freestanding sign under the following conditions: a. Said property must be at the intersection of two (2) streets, and must have at least three hundred (300) feet of total frontage on two (2) major arterial roadway. b. The location of the two (2) freestanding sign must be separated by a distance of one -hundred (100) feet, or a distance determined by the Director of Planning & Zoning, or designee. Pave 7 of 17 TAR AFT 04/03000? SD-9.1 Biscayne Boulevard Upper Eastside Commercial District. Intent and Scale This section of Biscayne Boulevard is a little more liberal in uses and scale because this section of the district promotes local retail, commercial, and office uses in addition to the uses in SD-9. Effect of SD-9.1 District designation. The effect of these SD-9.1 regulations shall be to supplant district regulations within portions of other zoning districts included within the SD boundaries, from NE 40th Street to the NE 77th Street (Little River inlet), and the east side of Biscayne Boulevard from the NE 77th Street (Little River inlet) to NE 87th Street (Miami City Limits), to the extent indicated herein. Class II Special Permit When required, as per SD-9 Limitation of use of chain link fence. As per SD-9. Permitted Principal uses and structures Principal uses and structures permitted at any location; limitations as to location of uses along ground floor frontage of pedestrian street. The following shall be permitted: 1. Food stores (grocery, meat, seafood, produce, delicatessen, bakery, candy, ice cream), drugstore, newsstands, dry cleaners (pickup/drop off only), barber and beauty shops and shoe repair. 2. Retail establishments as follows: Antique stores; art stores and commercial art galleries; bicycle sales; book and stationary stores open to the general public; china and crockery stores, florist, including plants and shrubbery sales; gift shops; home furnishing stores, interior decoration supply stores; hobby shops; music stores; office supply stores; optical goods stores; package liquor stores (without drive-thru facilities, and subject to all requirements as set forth in the City of Miami City Code Chapter 4); pet shops; photographic supply stores; tobacco shops; videotape sales and rentals open to the general public; variety and sundry stores; establishments for sale of apparel. Such establishments may provide incidental repair, maintenance, adjustment or alterations services as appropriate (Limited to x% of the total floor area for the establishment.), 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 and bookstores, no such retail establishments shall deal in secondhand merchandise. The total floor area for the these retail uses on an individual lot (excluding public circulation space and similar common areas) Pave R of 17 DRAFT 04/(13/7007 shall not exceed one and five -tenths (1.5) times the gross lot area except that through a Class 11 Special Permit a project may be allowed to increase the retail use up to thirty (30) percent of the total achievable F.A.R 3. Service establishments as follow: Interior design; duplicating centers; dressmaking, millinery or drapery fabrication; rental of recreation and sporting equipment, automobile rental agencies, employment agencies, real estate agencies, ticket agencies, travel agencies 4. Production of art and handicrafts (but not mass-produced items) incidental to the sale at retail on the premises. 5. Restaurants, tearooms, and cafes, except drive-in, with outdoor dining areas open to the general public. 6. Art galleries, museums, libraries and similar cultural uses. 7. Post -secondary public or private educational facilities. 8. Offices not selling merchandise on the premises except clinics, medical, or dental that is over five -thousand (5,000) square feet in area. 9. Medical and dental laboratories under five -thousand (5000) square feet in area. 10. Financial Institutions 11. Federal, state and local government offices. 12. Health spa or studio a. Health studios or spas under ten thousand (10,000) square feet may be located anywhere within the building. b. Health studios or spas ten thousand (10,000) square feet in size and larger may be located only on the ground level of the building. Accessory uses permitted with limitations concerning location along the ground floor frontage of pedestrian streets. The following uses shall be permitted in location, except as provided at section 1. Bars, saloons and taverns open to the general public, but limited to twenty percent (20%) of the net area of each business as determined by Certificate of occupancy, by Class II Special Permit. 2. Private clubs, lodges, fraternities, and sororities by Class II Special Permit Principal uses permitted only by Special Exception. The following uses shall be permitted only by Special Exception in locations other than the ground floor frontage of pedestrian streets: 1. Automobile service stations. 2. Automated or by -hand automobile wash facility as a stand-alone facility, or as an accessory use to an automobile service station 3, Parking lots, with City Commission approval. There shall be no vehicular access to such facilities directly from the primary pedestrian pathways. Pane 9 of 17 DR AFT o4/o1/2or2 Maximum height Height within this district shall be limited to fifty-five (55) feet. Offstreet Parking Requirements: For residential use: Same as for R-3 Multifamily Medium -Density Residential For nonresidential use: One (1) space (on -site) per two hundred (200) square feet of gross floor area for barber and beauty shops, or similar retail establishment. One (1) space (on -site) per each five (5) fixed seats, and per fifty (50) square feet of gross floor area for movable seats, for Bible study classes, meeting halls and places of general assembly, excluding classrooms, and other areas not for general assembly. One (1) space (on -site) per every one hundred fifty (150) square feet of gross floor area, for restaurants and banquet halls, bar, saloons, private clubs and lodges. One (1) space (on -site) per every two hundred (200) square feet of gross floor area, for game rooms, pool and billiard halls and other similar establishments. Except as required above, one (1) space (on -site) per every three hundred (300) square feet of gross floor area, for other nonresidential uses. Shared Parking. 1. Shared parking for mixed -use development. Any mixed -use development, which includes a theater as a component of the development, may, pursuant to a class II Special Permit, receive a credit for a portion of the required theater parking. Said credit shall be based on a written justification of the peak demand timing for the uses contained in the development. In no case however, shall the theater parking be less than one (1) space per seven (7) fixed theater seats. 2. Shared parldng for uses for which parking demands occur at different times. Facilities for which parking demands occur at different may be permitted by Special Exception, in accordance with the following: (1) all of the uses involved shall be located within the SD- 9 district; (2) the hours of operation for said uses shall not be concurrent; and (3) shall comply with the criteria in article 13, section 1305 of this ordinance, the proposed shared parking shall have no negative effect on the surrounding areas. Applications for shared parking shall be signed by the owners of all of the properties involved. Such shared parking agreement shall be accepted in the form of a recorded covenant running with the land, in favor of the city, and signed by all of the owners of all of the properties involved. The covenant shall also establish the limitations of the operating hours for all of the uses involved, the total number of parking spaces available and committed, and the beneficiary(ies) of the commitment(s). The planning director shall be notified by Pave 10 of 17 TAR AFT 04/0 /7l)02 certified mail at Least six (6) months prior to any termination. Such covenant shall be recorded, upon approval by the city attorney's office, subsequent to the issuance of the special exception but prior to the issuance of the certificate of use. Offsite Parking 1. Notwithstanding the limitations of section 918, offsite parking shall be permitted by Class II special Permit without limitations on percentage of the required number of spaces or maximum distance from the principal use when located within the SD-9 zoning district. Furthermore, there shall be no required demonstration or findings of practical difficulty or unnecessary hardship in providing required parking on site, provided that the location of the offsite parking is within one thousand (1000) feet radius of the principal use, or there are permanent provision made to transport the offsite 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. 4. For residential uses which are adaptive reuses of existing structures only, required parking may be reduced or eliminated by Class II Special Permit. Limitation on signs General limitations Same as SD-9. Page 1 1 of 17 DR AFT 04/01000? SD-9.2 Upper Eastside (Biscayne Plaza/Little River) Commercial/Entertainment district designation. Intent and Scale The character of the properties north of the Little River Inlet along Biscayne Boulevard are generally higher in scale in comparison to the rest of boulevard, with the potential to be redeveloped as an urban activity/entertainment center with regional implications. Therefore the scale and uses within this section of the boulevard are more liberal. It is intended that future public and private development shall be of a higher scale, greater density, multiple uses, and would serve as a entertainment destination with amenities that would attract patrons from other areas of the City of Miami and surrounding municipalities (Miami Beach, Hialeah, North Miami, N. Miami Beach, and Aventura. Effect of SD-9.2 District designation. The effect of these SD-9.2 regulations shall be to supplant district regulations within portions of other zoning districts included within the SD boundaries, on the west side of Biscayne Boulevard, from NE 77th Street (Little River Inlet) to NE 87th Street (City Limits), to the extent indicated herein. Permitted principal uses and structures As for SD-9 and 9.1 permitted principal uses and structure and as follows: 1. Retail establishments as follows: Antique stores; art stores and commercial art galleries; bicycle sales; book and stationary stores open to the general public; china and crockery stores, florist, including plant and shrub sales; hardware stores; home appliance store; gift shops; home furnishing stores, interior decoration supply stores; establishments for sale of boating and fishing supplies; luggage stores; music stores; office supply stores; optical goods stores; package liquor stores (without drive-thru facilities and subject to all requirements as set forth in the City of Miami City Code Chapter 4); pet shops; photographic supply stores; tobacco shops; television, radio, and other electronic stores; videotape sales and rentals open to the general public; variety and sundry stores; establishments for sale of apparel. Such establishments may provide incidental repair, maintenance, adjustment or alterations services as appropriate (Limited to x% of the total floor area for the establishment.), 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 and bookstores, no such retail establishments shall deal in secondhand merchandise. The total floor area for the these retail uses on an individual lot (excluding public circulation space and similar common areas) shall not exceed one and five -tenths (1.5) times the gross lot area except that through a Class 11 Special Permit a project may be allowed to increase the retail use up to thirty (30) percent of the total achievable F.A.R. 2. Restaurants, tearooms, and cafes, except drive-in, including those with dancing and live entertainment and with outdoor dining areas open to the general public. Pane 17 of 17 DRAFT 04/(11/7007 3. Auto care service center, automobile service station, automated or by -hand automobile wash facility as a stand-alone facility, or as an accessory use to an automobile service station. Principal uses permitted with limitations concerning location along the ground floor frontage of pedestrian streets. The following uses shall be permitted in location, except as provided at section 1. Multiple dwellings. 2. Residence hotels of 80 rooms or more by Class II Special Permit, subject to the following limitations; a. Minimum sixty-five percent (65%) retail/commercial uses on the ground floor, excluding hotel lobby space. b. Minimum one-night stay. c. Apartment hotels. 3. Banks, saving and loans and financial institutions; business and professional offices. 4. Service establishments, including automobile rental agencies, employment agencies, real estate agencies, ticket agencies, travel agencies. 5. Entertainment and recreational uses including dance and music halls, live performances; movie theaters; auditoriums; concert halls; game courts; health and fitness studios. 6. Structures and/or uses required for the performance of a governmental function except uses involving extensive storage or with storage as the primary purpose. 7. Retail establishments operating between the hours of midnight to 6:00am by Class II Special Permit. 8. Bars, saloons and taverns, supper clubs and nightclubs, including those with dancing and live entertainment open to the general public by Class II Special Permit. 9. Private clubs, lodges, fraternities, and sororities by Class II Special Permit Principal uses permitted only by Special Exception. The following uses shall be permitted only by Special Exception in location other than the frontage of pedestrian streets: As per SD-9 and 9.1 zoning district except that: 1. Brewery -restaurants as defined in section 2502 by Special Exception. Brewing activities shall only be conducted as an accessory use to the restaurant. All sales of beer and wine must be consumed on the premises and always in conjunction with a meal. Issues to be considered during the Special Exception public hearing are: the precise area and location of the brewing operation: annual beer production: hours of operation: parking provisions: control of emissions and discharges; exterior lighting; landscaping and signs. 2. Drive -through facilities for restaurants and ATM/financial institutions, with city commission approval, provided that there shall be no vehicular access to such facilities directly from the primary pedestrian pathways. The drive -through facilities shall not be located on the side of property facing Biscayne Boulevard. Pave 11 of 17 DR AFT 04/03/70 Y7 3. Commercial parking lots for new/used auto sales, with City Commission approval. There shall be minimum of sixty-five (65%) of the retail storefront facing Biscayne Boulevard, with no vehicular access to such facilities directly from the primary pedestrian pathways. 4. Parking lots, parking garages, with City Commission approval. There shall be no vehicular access to such facilities directly from the primary pedestrian pathways. Limitations on uses. 1. Except for outdoor dining and drinking establishments. Arts and crafts exhibits, flowers and plants, and other uses as authorized by special permit, all activities shall be conducted within completely enclosed buildings. 2. No wholesaling or jobbing shall be conducted from within the district. Accessory uses and structures Uses and structures which are customarily accessory and incidentals to permitted principal uses and structures, approved in the same special 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 established by these or generally applicable regulations. The following special limitations or exceptions shall apply to accessory uses and structures in this district. 1. No aboveground offstreet 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 offstreet 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. 2. There shall be no vehicular access to parking or loading areas directly from any primary pedestrian pathway where access is reasonably feasible from a non -designated pedestrian street. Outdoor areas used for commercial activities. Where outdoor areas, including the public right-of-way, are regularly used for display and sales, or as dining areas, including areas under awnings, which are used for dining, and/or other commercial activities, the area so used shall be calculated as part of the establishment's total floor area and shall comply with off-street parking requirements. Permit fees for sidewalk cafes shall be as prescribed by section 54-111 of the Code of the City of Miami, and additionally, a payment in lieu of providing off-street parking may be made in accordance with section of this ordinance and section of the Code of the City of Miami. Maximum height Building height within this district shall be limited to one hundred fifty (150) feet. Pave 14 of 17 1-)RAFT 04/01/7007 Parking Requirements (See Parking Chart below) Uses Parking Ratio All FAR Under 0.86 All FAR Over 0.86 Space/Module Sites Under Sites Over Sites Under Sites Over 20,000 sq. ft. 20,000 sq. ft. 20,000 sq. ft. 20,000 sq. ft. Non-resident 1/300 sq. ft. May May May Shall provide ial general' purchase all purchase all purchase all al parking spaces at spaces at spaces at on site rates rates rates specified in specified in specified in art. VIII, art. VIII, art. VIII, chapter 35, chapter 35, chapter 35, sec. 35-194 sec. 35-194 sec. 35-194 of the City of of the City of of the City of Miami Code. Miami Code. Miami Code. Restaurants 1/150 sq. ft. May May May Shall provide purchase purchase purchase '/,00 parking 1/300 spaces / o spaces %co spaces on site. at rates at rates at rates specified in specified in specified in art V111, ch. art. V111, ch. art. V111, ch. 35, sec. 35, sec. 35, sec. 35-194 of the 35-194 of the 35-194 of the City of City of City of Miami Code. Miami Code. • Miami Code. 1/200 sq. ft. Property owner may rent, on a monthly basis, or purchase required all supplementary spaces not provided on -site from the supplement ( Proposed Upper Eastside Miami Parking Trust Fund at rates specified in article VIII, chapter 35, section 35-194 of the City of Miami Code. ) Theaters' 1/5 seats May May May Shall provide purchase all purchase all purchase at! 1/500 parking spaces at spaces at spaces at on site rates rates rates specified in specified in specified in art. VIII, art. VIII, art. VIII, chapter 35, chapter 35, chapter 35, sec. 35-194 sec. 35-194 sec. 35-194 of the City of of the City of of the City of Miami Code. Miami Code. Miami Code. Hotels' '/2 units All parking must be provided on -site and reserved for the exclusive use of hotel guests. Residential 1/unit All parking must be provided on -site and reserved for the component exclusive use of residents of the complex. (mixed use) Residential 1.5/unit + All parking must be provided on -site and reserved for the stand alone 1/10 units exclusive use of residents and guests of complex and marked appropriately. 1 Non-residential general category includes the following uses: Retail establishments, service establishments, offices and commercial recreational establishments permissible in the SD-9 zoning district 2 Restaurant category includes the following uses: Restaurants, tearooms, cafes, banquet halls, bars, saloons, tavems, private clubs, lodges, supper clubs, game rooms and billiard halls 3 Theater category includes the following uses: Theaters, meeting halls and places of general assembly. 4 Hotel category includes the following uses: Hotels, residence hotels, lodging houses, tourist homes and guest homes. Pape 15 of 17 DRAFT f)4/(fl/70(? Minimum required off-street parking Except as other wise specified herein, the minimum off-street parking requirements shall be 1/50,3 as depicted in the chart (See ). Said minimum parking requirements may be satisfied by providing the parking, pursuant to , paying in lieu of providing the parking, pursuant to , or providing the parking on site. No variance for the reduction of the number of spaces is permitted. Shared Parking. 1. Shared parking for mixed -use development. Any mixed -use development, which includes a theater as a component of the development, may, pursuant to a class II Special Permit, receive a credit for a portion of the required theater parking. Said credit shall be based on a written justification of the peak demand timing for the uses contained in the development. In no case however, shall the theater parking be less than one (1) space per seven (7) fixed theater seats. 2. Shared parking for uses for which parking demands occur at different times. Facilities for which parking demands occur at different may be permitted by Special Exception, in accordance with the following: (1) all of the uses involved shall be located within the SD- 9 district; (2) the hours of operation for said uses shall not be concurrent; and (3) shall comply with the criteria in article 13, section 1305 of this ordinance, the proposed shared parking shall have no negative effect on the surrounding areas. Applications for shared parking shall be signed by the owners of all of the properties involved. Such shared parking agreement shall be accepted in the form of a recorded covenant running with the land, in favor of the city, and signed by all of the owners of all of the properties involved. The covenant shall also establish the limitations of the operating hours for all of the uses involved, the total number of parking spaces available and committed, and the beneficiary(ies) of the commitment(s). The planning director shall be notified by certified mail at least six (6) months prior to any termination. Such covenant shall be recorded, upon approval by the city attorney's office, subsequent to the issuance of the special exception but prior to the issuance of the certificate of use. Offsite Parking 3. Notwithstanding the limitations of section 918, offsite parking shall be permitted by Class II special Permit without limitations on percentage of the required number of spaces or maximum distance from the principal use when located within the SD-9 zoning district. Furthermore, there shall be no required demonstration or findings of practical difficulty or unnecessary hardship in providing required parking on site, provided that the location of the offsite parking is within one thousand (1000) feet radius of the principal use, or there are permanent provision made to transport the offsite parking patrons to and from the principal site at the property owner's expense. 4. Structural alterations and additions to existing buildings with nonconforming offstreet parking characteristics shall be permitted only if the following provisions are met: 5. 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 Pave 16 of 17 DR AFT 04/01/70(1? provides more than twenty-five (25) percent, there shall not be a reduction in the existing percentage, 6. The new addition shall meet the minimum offstreet parking requirement for its total floor area. 7. 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. 8. For residential uses which are adaptive reuses of existing structures only, required parking may be reduced or eliminated by Class II Special Permit. Limitation on signs General limitations Same as SD-9 Pane 17 of 17 DRAFT 04/01/7f0?