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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 04-01279 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION, AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLES 6 AND 8, 1N ORDER TO ADD SECTION 628 VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT, IN ORDER TO MODIFY REGULATIONS FOR PROPERTIES WITHIN THE DISTRICT; REPEALING THE NCD-2 GRAND AVENUE CORRIDOR NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT FROM SECTION 802 AND ENACTING A NEW SECTION 802 PROVIDING FOR "CHARLES AVENUE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT"; EFFECT OF NCD-2 DISTRICT DESIGNATION AND CLASS II SPECIAL PERMIT IN SUCH DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in February 2003, the Town Planning/Urban Design consulting team Center for Urban and Community Design held a three day long design workshop in which residents and other stakeholders of the community participated with the Planning and Zoning Department to produce the " Vision Plan for Coconut Grove - Village West Island District"; and WHEREAS, the Miami Planning Advisory Board, at its meeting of November 3, 2004, Item No. 1, following an advertised hearing, adopted Resolution No. PAB 124-04 by a vote of seven to zero (7-0), 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 THEACOMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by amending the text of said Ordinance as follows: {1} "ARTICLE 6. sd SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 600 Intent. City of Miami Page 1 of 23 Printed On: 11/18/2004 File Number: 04-01279 Sec. 628. Village West Island Special Overlay District. Sec. 628.1. Intent Village West Island District is of special and substantial public interest due to the unique role of Grand Avenue and Douglas Road as the "Main Street" for the surrounding Village West Island District Community and the unique Caribbean and Bahamian character and heritage of the Village West Island District in general. For the purposes of this section, "Mainstreet" shall be defined as a principal corridor of community activity. In order to promote its successful revitalization and restoration, this Special Overlay District is enacted. See Map as "Exhibit A". (For codification purposes, this exhibit will be inserted into this section. The Clerk and/or Codifier will implement this instruction.) The SD-28 District shall generally apply to properties bounded by the following: On the north, Bird Road and US1; on the east, 32nd Ave, south alleyway at the rear of Commodore Plaza, and Main Highway; on the south, Franklin Avenue (including the block south of Franklin between Hibiscus and Plaza, and Charles Terrace; On the west, the city limits. (See official zoning atlas). Within these boundaries, there shall be three (3) special sub districts as follows: • Market District Overlay for properties fronting on Grand Avenue and located between McDonald and Commodore Plaza to the east and Elizabeth Street to the west; • Mixed Use Cultural District Overlay located on Grand Avenue between Elizabeth Street on the east and City Limits on the west and on Douglas Road between Grand Avenue on the south and Day Avenue on the north; • Residential Cultural District Overlay located within the SD-28 boundaries on properties designated as R-1, R-2, and R-3 with exception to all R-2 lots fronting on Grand Avenue; and The purpose of this Special District Overlay is to: • Revitalize and restore Grand Avenue and Douglas Road as successful "Main Streets" for the surrounding Village West Island District community. • Reinforce the community's historic and cultural identity as a Caribbean island district, unique to the South Florida region. • Revise zoning to ensure an attractive pedestrian friendly environment, diverse in use and activity. ■ Utilize the architectural and urban design guidelines established to promote an active and pleasant pedestrian environment while accommodating the needs of development and respecting the scale of the residential community. ■ Nurture the development of locally owned businesses by providing choice and flexibility in the range of available retail and commercial space. City of Miami Page 2 of 23 Printed On: I1/18/2004 File Number: 04-01279 • Attract and retain a diverse and balanced mix of residents by providing a range of housing options that is both competitive with other choices in the market and compatible with Douglas Road and Grand Avenue's "Main Street" character and Caribbean style. ■ To promote pocket parks within a three minute walking distance to insure the usability and accessibility for all residents. In addition, Special Events and Services should be encouraged. Special events and services should be undertaken to help market and promote the Market District. While some events may be geared more towards tourists, a concerted effort should be made to bring residents back to the Village West Island District Area. Residents embody a sustained clientele important in maintaining the consistent viability of any retail establishment. Significant free public parking should be provided in the rear of buildings. On special market days the Market District may be closed to vehicular traffic and street front kiosks encouraged. Trolley service to and from surrounding residential areas on market days may help to draw residents. Other thematically related street festivals similar to Goombay should be considered. Description: The Village West Island District is comprised primarily of R-1 Single Family Residential, R-2 Two Family Residential and R-3 Multifamily Medium Density Residential with other non residential designations along certain commercial corridors. Elizabeth Virrick Park, zoned PR is located between Day and Oak streets west of Douglas Avenue. Grand Avenue, the principal commercial corridor is zoned 0 Office, and SD-2 (Coconut Grove Central Commercial District). The south side of Grand Avenue from the intersection of Douglas Road, west is zoned R-2 with Armbrister Park and the Carver School bordering the city limit of Coral Gables, Douglas Road, the north/south corridor, ranges from C-1 Restricted Commercial with some R-2 and R- 3 from U.S. 1 south through the intersection of Grand Avenue. From Grand Avenue, south density reduces to R-2 and R-1 interspersed with churches and schools. Sec. 628.2. Effect of SD-28 district designation. The effect of these SD-28 regulations shall be to modify regulations within portions of other zoning districts included within the Special District boundaries to the extent indicated. Sec. 628.3. Class II Special Permit A Class II Special Permit shall be required prior to approval of any permit (except special permits pursuant to article 13) affecting the height, bulk, location or exterior configuration of any existing building; or for the erection of any new building; or for the location, relocation or alteration of any structure, sign, awning, landscaping, parking area or vehicular way visible from a public street except for properties with an underlying zoning classification of R-1 or R-2, unless adjacent or fronting on Grand Avenue, complying with the regulations specified within this district and with careful consideration given to 0 and 0. Class II Special Permits for modifications and/or waivers of design guides and standards as specified herein shall not be required for properties zoned R-1 or R-2, unless adjacent or fronting on Grand Avenue; such design guides and standards for R-1 and R-2 zoned properties are intended only as a guide. City of Miami Page 3 of 23 Printed On: 11/18/2004 File Number: 04-01279 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 below and listed in section 1305, with the special considerations in 0 and 0 and with the special considerations listed below. In making determinations concerning construction of new principal buildings or substantial exterior alteration of existing principal buildings, the planning director may obtain the advice and recommendations of the Urban Development Review Board. 1. Except for portions authorized by special permit for vehicular access, all required setbacks adiacent to Grand Avenue and Douglas Road shall be designed to create a continuous pedestrian space suitably landscaped and developed to be pedestrian oriented. 2. Offstreet parking and loading on the other street fronts shall generally be located to the rear of the subiect properties; however, if it is not feasible, such parking shall be designed to provide a minimal visual impact. Unenclosed vehicular parking and loading in any location visible from a public street shall be appropriately screened. 3. Notwithstanding the underlying zoning designations, all structures and improvements on Tots abutting Grand Avenue, designated as a "primary pedestrian pathway" (with the exception of those properties with an underlying R-2 Duplex zoning designation) in the official zoning atlas, shall be designed in accord with the standards in the Primary Pedestrian Pathway Design Guides and Standards and the Grand Avenue Corridor Appearance Code. 4. For those R-2 zoned properties which have dual frontages on Grand Avenue and Washington Avenue, vehicular access shall be limited to Washington Avenue. The Grand Avenue frontages shall be considered the primary frontage for design considerations including appropriate pedestrian access. Sec. 628.4. Special Limitations within the Mixed Use Cultural District Overlay or the Market District Overlay Sec. 628.4.1. Setbacks and Building footprint Sec. 628.4.1.1. Setbacks for "O" or "SD-2" properties The following setbacks shall apply to all properties with an underlying zoning classification of either "0" or "SD-2": Front: Five (5) feet minimum and maximum Side: Zero (0) feet minimum Rear (Above Ground Floor): Ten (10) feet minimum Sec. 628.4.1.2. Setbacks for "R-1" and "R-2" Properties The following setbacks shall apply to all properties with an underlying zoning classification of "R-1" and "R-2": Front: Five (5) feet minimum and maximum; however, at the second level front setback may be City of Miami Page 4 of 23 Printed On: 11/18/2004 File Number: 04-01279 reduced to Zero (0) feet if an unenclosed porch is provided on the ground floor fronting on Grand Avenue. Side; Five (5) feet minimum Rear (Above Ground Floor): Ten (10) feet minimum In addition, there shall be no maximum building footprint; however, all structures shall comply with the setback limitations specified above. Sec. 628.4.2. Height In order to ensure appropriate scale of infill development along Grand Avenue and Douglas Road, irrespective of the underlying zoning limitations, new structures dedicated to single use to be developed on those properties fronting on Grand Avenue with an underlying "O" Office designation shall be limited to a maximum of fifty (50) feet; mixed use structures shall be permitted a maximum of five stories in height, where the maximum floor to ceiling height of the first story shall not exceed 14 feet, and the maximum height of the four remaining stories shall not exceed 12 feet (for a total maximum height of 62 feet to be accommodated in no more than 5 stories); such measurement shall be taken from flood level or average sidewalk elevation, whichever is higher. Sec. 628.4.3. Permissible Uses: As for the underlying district, except for those properties with an underlying "0" Office designation, which will be permitted ground floor commercial uses open to the public as per those uses permitted within ground floor locations within the SD-2 zoning district. For the "R-2" underlying district along Grand Avenue between Jefferson Street and Douglas Road, Home Occupations permitted as set forth in Section 906.5 shall be allowed up to a maximum of fifty ( 50) percent of the floor area of the residence. Sec. 628.4.4. Offstreet Parking Requirements: In general: As per the underlying district except for the following: Residential dwellinqunits shall not be sold or leased without the right to utilize at least one (1) onsite Parking space. 1. Tandem parking shall be allowed on properties.with an underlying R-1, R-2 and R-3 zoning designation; said tandem parking shall be deemed to comply with parking requirements of two ( 2) or more spaces and shall be limited to no more than two (2) tandem spaces per unit in one row. 2. Adaptive reuses of existing buildings with parking deficiencies, for any permitted use, shall not be required to provide additional parking. Sec. 628.5. Market District Overlay Sec. 628.5.1. Intent The Market District Overlay is a restrictive use overlay intended to give a distinctive Caribbean retail and commercial character to a portion of Grand Avenue. The intent is to enhance these streets as City of Miami Page 5 of 23 Printed On: 11/18/2004 File Number: 04-01279 tourist destinations, provide more service related retail for residents, establish a critical mass of related retail and provide a retail "bridge" connecting Commodore Plaza to Grand Avenue. It is intended to encourage a scenic retail area dedicated primarily to consumable and perishable goods and services similar to the scenic market districts that exist in the Caribbean and Europe. Sec. 628.5.2. Boundaries The Market District Overlay runs along Grand Avenue from Commodore Plaza west to Elizabeth Street Sec. 628.5.3. Special Regulations and limitations on permissible uses Irrespective of the underlying zoning classifications, the following special regulations and limitations shall apply to the Market District Overlay: The Market District Overlay area shall permit the following uses, in addition to that which is_ permitted in the underlying districts: 1 Farmer's markets and Caribbean crafts and food markets that specialize in the sale of crafts and fresh fruits and vegetables are permitted within this district, subject to a Class II Special Permit with a mandatory referral to the district NET Administrator only, and further subject to the following limitations: a. Any outdoor market must be located on a parcel of no Tess than 15,000 square feet of lot area. b. An outdoor market shall be limited to no more than 65% of the area of the subject parcel in display area. c. An outdoor market may not include any permanent structures. All display tables and other such material must be removed at the end of the permitted time of operation. d. The outdoor market display area shall be located along the Grand Avenue frontage and be set back no less than 25 feet from any abutting residentially zoned property. e. Outdoor markets may operate only between the hours of 8:00 a.m. and 8:00 p.m. on Saturdays or Sundays only. f. No outdoor market may be located closer than 1,500 feet from another outdoor market. g. Only handmade crafts, fresh fruits and vegetables, prepared raw foods and drinks derived from fresh fruits and vegetables may be sold in an outdoor market within this district. Sec. 628.6. Mixed lJse Cultural District Overlay Sec. 628.6.1. Intent The Mixed Use Cultural District Overlay is a restrictive use overlay intended to give a distinctive City of Miami Page 6 of 23 Printed On: 11/18/2004 File Number: 04-01279 cultural character to retail and commercial uses on Grand Avenue and Douglas Road. The intent is to enhance these corridors as a tourist destination, encourage heritage retail and cultural/historic businesses, support current resident -owned businesses, promote a cultural facade, provide more culturally themed businesses, establish a critical mass of retail and provide a culturally themed bridge to all other parts of the District by promoting the culture of the community in this short corridor and entranceway to the commercial main street. To this end, the district is dedicated primarily to culturally themed boutiques, gift shops and book stores, hair salons, apparel, restaurants and cafes, music shops and outdoor plazas, straw markets, cultural facilities, art and upscale cultural entertainment that reflect a Caribbean culture. Sec. 628.6.2. Boundaries: Boundaries: the Mixed Use Cultural District Overlay shall apply to non -residentially zoned properties located along Grand Avenue from the city limits to Elizabeth Street: and along Douglas Road between Grand Avenue on the south and Day Avenue on the north. Sec. 628.6.3. Special Regulations and limitations on permissible uses: Irrespective of the underlying zoning classifications, the following special regulations and limitations shall apply to uses permissible within the Mixed Use Cultural District Overlay; The Mixed Use Cultural District Overlay shall permit the following uses, in addition to that which is permitted in the underlying districts: 1. Permanent structures providing for a Straw Market with Caribbean crafts, foods, apparel, souvenirs, and other goods attractive to tourists, subject to a Class !I permit with a mandatory referral to the district NET Administrator only; items for sale within such markets shall be limited to the following: Heritage retail: foods, apparel, souvenirs; Bookstores and gift shops with cultural themes; Hair salons, including outdoor hair braiding; and Music and entertainment reflective of that found in the Caribbean. Other permissible uses along ground floor locations shall be as per uses permitted within ground floor locations in the SD-2 Zoning district and the following: 1. Arts and cultural establishments, including art galleries, dance galleries, and places of instruction for such uses. 2. Street based cultural/heritage businesses, subject to a Class II Special permit with appropriate referrals; such may include kiosks, and cultural entertainment that replicate street based businesses found in the Caribbean (Steel Pan bands, fruit sales, jewelry sales, crafts and carvings). Sec. 628.7. Additional regulations. In addition, existing businesses shall be allowed to remain in the Mixed Use Cultural and Market Districts regardless of their cultural theme without being considered nonconformities. All establishments and businesses in the Mixed Use Cultural and Market District Overlays shall City of Miami Page 7 of 23 Printed On: 11/18/2004 File Number: 04-01279 conform to 0 Architectural and Urban Design Guidelines and shall maintain a facade that is consistent with Caribbean architectural facades (examples are shown in 0 and 0). Sec. 628.8. Residential Cultural District Overlay Sec. 628.8.1. Intent This district is of special and substantial public interest to preserve, conserve and protect the beauty and heritage of the Village West Island District and to improve the quality of its environment through identification, conservation and maintenance of neighborhoods, areas, sites and structures which constitute or reflect distinctive features of the Caribbean and Bahamian architectural, cultural, or social history of the Village West Island District. Sec. 628.2. Building Envelope Sec. 628.2.1. Island District R-1 In the Village West Island District, R-1 areas shall be referred to as SD-28 R-1 Island District. This district shall remain as single family with no more than one unit per platted lot to protect the density of this area. If any such requirements conflict, the more restrictive shall apply. Sec. 628.2.1.1. Setbacks Sec. 628.2.1.1.1. Principal Building Setbacks are variable to allow for a variety in architecture and placement of the building footprint. Projections of buildings into required setbacks shall be permitted subject to the criteria and requirements specified herein. Minimum Front Setbacks • The minimum front setback shall be thirty (30) feet. • The structure may project a maximum of ten (10) feet into the minimum required setback of thirty (30) feet provided said projection does not exceed thirty (30) feet in width along the front of the building. • Unenclosed porches, entries, or loggias may project a maximum of fifteen (15) feet into the minimum required setback of thirty (30) feet. • On corner Tots the structure may project a maximum of fifteen (15) feet into the minimum required setback of thirty (30) feet• Minimum Side Setbacks • The minimum side setbacks to be distributed in total shall be as established in the following table: City of Miami Page 8 of 23 Printed On: 11/18/2004 File Number: 04-01279 Building Site Size in Square Feet Less than 7, 500 7, 500 -10, 000 More than 10, 000 Interior Lots First Story of Structure 10 feet 15 feet 25 feet Interior Lots Second Story of Structure 15 feet 25 feet 35 feet Corner Lots First Story of Structure 15 feet 15 feet 25 feet Corner Lots Second Story of Structure 20 feet 25 feet 35 feet • The minimum side setback shall be five (5) feet, except for corner lots where the minimum side setback adjacent to the street shall be ten (10) feet. Minimum Rear Setbacks • The minimum rear setback shall be twenty (20) feet. Sec. 628.8.2.1.1.2. Accessory Buildings • The minimum side setbacks shall be ten (10) feet. • The minimum rear setback shall be ten (10) feet. • All other minimum setbacks shall be as for the principal building except as modified in 0. Accessory structures may be connected to principal structures. The maximum width of said connection shall be ten (10) feet. No garage structure shall be located along the same front setback line as the front wall of a residential structure; garage structures shall be setback a minimum of 20 feet from the front wall of the primary residential structure. On corner lots, garage structures shall be set back a minimum of 10 feet from any portion of the primary residential structure. Tandem parking shall be allowed. Side setbacks shall be a minimum of 5 feet. Rear setback of an accessory building shall be a minimum of 5 feet. Sec. 628.8.2.1.1.3. Height In addition to the maximum height of twenty-five (25) feet, chimneys, cupolas or other non -habitable architectural features of twenty-five (25) square feet or less may reach a maximum height of thirty (30) feet from flood level. For lots with less than ten thousandj10,000) square feet in area, the height limitation for accessory structures shall be thirteen (13) feet. Sec. 628.8.2.1.1.4. Green Space The minimum green space requirement shall be three tenths (0.3) times the gross lot area. The use of permeable material for surfaces in the required yard may allow a .025 reduction in the required green space. Sec. 628.8.2.1.1.5. Garage and Driveway On new construction of residential structures with garages or driveways or garage additions, no garage shall be located along the same front setback line as the front wall of a residential structure unless the garage door(s) does not face the street. City of Miami Page 9 of 23 Printed On: 11/18/2004 File Number: 04-01279 Garage structures with access openings that face the street shall be setback a minimum of twenty (20) feet from the front wall of the primary residential structure. Garage structures with access openings that face the street on corner lots which have a maximum depth of less than sixty (60) feet, may be setback a minimum of fifteen (15) feet from the front wall of the primary residential structure. Notwithstanding the provisions of section 908.2, driveways shall have a maximum width of ten (10) feet within the first five (5) feet of all street -front required setbacks. Driveways within a single building site shall not be located closer than twenty-five (25) feet to each other. Except as required for the driveway approach, no portion of any driveway in a required yard adjacent to a street shall be within five (5) feet of any property line other than as may be required to allow for turnaround maneuver, in which case said driveway shall be constructed of permeable material in its entirety. Tandem parking shall be allowed. Garage doors which are more than nine (9) feet wide shall not be allowed. Sec. 628.8.2.2. Island District R-2 and R-3 In the Village West Island District, R-2 and R-3 areas shall be referred to as SD-28 R-2 Island District and SD-28 R-3 island District. This district shall conform to the requirements of the underlying district. Sec. 628.9. Architecture and Urban Design Guidelines The Architectural Regulations specify the materials and configurations encouraged for walls, roofs, gpenings, and other elements. The Architectural Regulations are intended to produce visual compatibility among disparate building traditions of South Florida and the Caribbean, thus inheriting a suitable response to the climate. Because urban quality is enhanced by architectural coherence but is not dependent on it, the provisions of the Architectural Regulations range from liberal to strictly deterministic. The guidelines contained herein may be waived or modified by Class it Special Permit if through the Class II Special Permit process the Planning Director finds that the requested modifications result in a proiect that is consistent with the intent of this section. In a R-1 or R-2 District the Guidelines are voluntary no waiver shall be required in a R-1 or R-2 District if the Guidelines are not followed. Sec. 628.9.1. General (Commercial/Mixed Use and Residential Districts) Sec. 628.9.1.1. Style To protect and reinforce the Village West Island District's unique aesthetic character, new building and rebuilding design should be compatible with Caribbean vernacular styles. Sec. 628.9.1.2. Openings Sec. 628.9.1.2.1. Material City of Miami Page 10 of 23 Printed On: 11/18/2004 File Number 04-01279 Windows should be made of wood or aluminum and should be glazed with clear glass. Non -transparent portions of doors should be painted wood, flush steel or fiberglass with wood veneer, Shutters should be made of wood, metal or fiberglass. Sec. 628.9.1.2.2. Window Configuration Windows should be rectangular single, double, triple -hung, operable casements types. Windows should be of a vertical or square proportion, except that transoms may be oriented horizontally. Multiple windows in the same rough opening should be separated by a 3" minimum post. The centerline of the window sash should align with the centerline of the wall section. Window Muntins should be simulated or true divided lite, or should be profiled to match traditional wood muntins. Lites should be of square or vertical proportion. Shutters should be casement or Bahamian type and sized and shaped to match the associated openings. Shutters should be operable with all associated hardware. Colors of windows, doors and shutters should be of a combined color palette that conforms to the Caribbean Style and should be approved by Department of Planning and Zoning. Sec.628.9.1.3. Walls Sec.628.9.1.3.1. Material Walls should be finished in smooth stucco, wood clapboard, board and batten or other natural stones. Clapboard and siding should be painted or stained. Arches and piers should be stucco on masonry or wood. Wood, if visible should be painted or stained with an opaque or semiolid stain. Se. 628.9.1.3.2. Wall Configuration Walls should be built of no more than two materials and should chang material only along a horizontal lin, ith the heavier material below the lighter. Stucco should be a smooth sand -finish. Trim should be of ighest-radlumber, and should be 3.5" to 6" in width around openings, except at the front door, which may be any size of configuration. Masonry buildings may use small trim. Arches and Piers of masonry should be no less than 12" x 12" in plan. Post of wood or metal should be no less than 6" x 6". Colors should be of a combined color palette that conforms to the Caribbean Style and should be City of Miami Page 11 of 23 Printed On: 11/18/2004 File Number: 04-01279 approved by the Department of Planning and Zoning. Sec. 628.9.1.4. Elements Sec. 628.9.1.4.1. Material Porches and Railings should have their columns, post, spindles and balusters made of wood, stucco on masonry or metal. Awnings should have a metal armature covered with canvas or synthetic canvas. Equipment including HVAC, utility meters and satellite dishes should not be permitted to face streets. Paving for front walks should be brick or concrete. Sec. 628.9.1.4.2. Porches and Railings Configuration Porches should have vertically proportioned openings. Railings should have horizontal top and bottom rails centered on the spindles or balusters. The openings between balusters and spindles should not exceed 4". Bottom rails should be above the level of the porch floor. Balconies, which cantilever, should be visibly supported by structural brackets. Sec. 628.9.1.5. Roofs Sec. 628.9.1.5.1. Material Roofs, (gable or hip), should be clad in 3/4" low profile standing seam metal, wood shingle, or fiberglass architectural grade and diamond tab shingles. Gutters, downspouts and projecting drainpipes should be made of galvanized metal or copper. Flashing should be galvanized metal or cooper. Sec. 628.9.1.5.2. Configuration: Principal Roofs should have a symmetrical gable or hip with a slope between 4:12 and 12:12, or if flat, should have a horizontal parapet wall no less than 24" Tall. Ancillary Roofs (attached to walls of the principal Building) may be flat with parapet or maybe sheds sloped no less than 2:12. Eaves should be continuous. Eaves which overhang less than 8" should have a closed soffit. Eaves which overhang more than 16" should have exposed rafters. Eaves which overhang between 8" and 16" should have either a closed soffit or exposed rafters. Rafter Trails should not exceed 6" in depth at the tip. City of Miami Page 12 of 23 Printed On: 11/18/2004 File Number: 04-01279 Gutters should be included within the roof or half -round at exposed caves. Downspouts should be round. Roof penetrations, including vent stacks, should not be placed on the slope of the roof facing the street. Roof penetrations should be finished to match the color of the roof. Skylights should be flat and mounted only to the rear slope of the roof. Sec. 628.9.1.6. Energy Conservation Building design should promote self shading, natural ventilation, outdoor circulation, and reduced independence on artificial lighting and air conditioning. Sec. 628.9.2. Mixed Use or Commercial Sec. 628.9.2.1. Style The method of construction, building configuration, scale and materials should be designed to promote streetwall continuity and architectural harmony along Grand Avenue and Douglas Road. Sec. 628.9.2.2. Energy Conservation Reflective and highly tinted glass should not be allowed on surfaces facing Public Pedestrian Spaces. Sec. 628.9.2.3. openings Sec. 628.9.2.3.1. Material Windows and storefronts should be made of wood or aluminum and should be glazed with fully transparent glass. All sash divisions should be true divided. Sec. 628.9.2.3.2. Configuration Security Screens, when closed must provide visibility into interior space. Sec. 628.9.2.4. Streetwalls Sec. 628.9.2.4.1. Habitable Space Streetwalls should have continuous Habitable Space for a minimum 80% of facade width for each building, at least 20 feet deep and two stories high, for residential and commercial uses. Sec. 628.9.2.4.2. Entrances Principal pedestrian entrances to buildings should be along street frontages with major vehicular traffic volumes. City of Miami Page 13 of 23 Printed On: 11/18/2004 File Number: 04-01279 Streetwalls should have pedestrian entrances at maximum intervals of 75 feet. Sec. 628.9.2.4.3. Retail Facades: On retail frontages, 75% of the facade at the sidewalk level should be assigned permanently to retail use with a minimum depth of 20 feet. Sec.628.9.2.4.4. Glazing Streetwalls surfaces should be a minimum of 30% glazed except Retail Frontage should be glazed a minjmum of 70% of its area. Sec. 628.9.2.4.5. Bulkhead The minimum bulkhead height at pedestrian levels should be 12 inches above the sidewalk, except for entrance doors. The maximum bulkhead should be 3.5 feet. Sec. 628.9.2.5. Awnings Awnings are recommended and should be placed as follows: Awnings should be attached to a solid wall no higher than one foot above an upper window edge, exposing the transom and/or wall above. Awnings should extend a minimum of 4 feet from the building face and may extend to trees or two feet shy of the curb. Awnings should have a metal structure covered with canvas or synthetic canvas. Awnings should be rectangular in shape with straight edges even when associated with arched openings. Awnings should not have side panels or a bottom soffit panel. Awnings should not be backlit. Valances may have signage. Sec. 628.9.2.6. Parking Sec. 628.9.2.6.1. Surface Parking Lots Surface parking lots should be permitted up to a maximum of 100 feet in width and any visual impacts associated with visibility of cars should be buffered from the right-of-way. The frontage for such lots should be developed with uses. Where it is not possible to develop uses, the frontage should be landscaped with hedges, canopy trees, and a three (3) foot high garden wall. Vehicular entries should have a maximum width of 23 feet and provide forpedestrian safety with a sufficient angle of view. Sec. 628.9.2.6.2. Loading. Service and vehicular Entries if at all possible, vehicular entrances should be along streets less intensively used for through traffic, both to separate pedestrian from vehicular circulation and to minimize marginal vehicular friction along major streets. In addition, these entrances should not be located along residential City of Miami Page 14 of 23 Printed On: 11/18/2004 File Number: 04-01279 streets except for Washington Avenue between Jefferson Street and Douglas Road. Along abutting properties, the building should be articulated to hide these elements from public view. Loading and service entries should occur where possible at non-residential side streets, from rear access ways, and within parking lots and structures. For those properties with frontages only on streets and pedestrian public space, loading and servicing should be allowed on the frontage. The location of such entries should have a maximum width of 23 feet and minimum height to provide for clearance. Sec. 628.9.2.6.3. Parking Garage Pedestrian entries to parking garages should be directly from the street or Public Pedestrian Spaces as well as from the contiguous building. Pedestrian entries or garages should be linked to cross -block Pedestrian Passages wherever possible. Vehicular entries to garages should be allowed from streets and alleys and should be coordinated with the Department of Planning and Zoning, Vehicular entries from streets should have a maximum width of 23 feet with a minimum separation of 75 feet between entries. Parking garages should be completely lined with habitable living or working space along Grand Avenue and Douglas Road. Along the remaining sides of the garage, the facades should be articulated to minimize the impact of the parking garage and to hide the vehicles and other undesirable internal garage elements (piping, lighting, unfinished surfaces, etc.) from public view. Sec. 628.9.2.6.4. Parking Garage Roofs The roofs of parking structures should have landscaped shade structures of a minimum 60% coverage of the total area. Offstreet parking and loading should generally be within enclosed structures which should either be underground or, if aboveground, should be to the rear of the lot designed to provide a minimal visual impact with significant habitable space along the street. Unenclosed vehicular parking and loading in any location visible from a public street, or abutting properties should be appropriately screened from exterior views. Sec.628.9.2.7. Merchandising All lighting should be in a warm spectrum. The storefront display should be illuminated with halogen lighting, Lighting emphasis should be on the window display and on the back wall of the shop. The window display should have no backdrop, providing views into the store. The displays of the entire store should be designed to be seen through the storefront. Name brands should be promoted with interior signs. Merchandise on the storefront and the back wall should be displayed in a course -grain - repetition rather than variety - to increase legibility. Shelves should be full but not crowded. City of Miami Page 15 of 23 Printed On: 11/18/2004 File Number: 04-01279 The cash register should be as far to the rear of the store as feasible. After closing, display lights should be kept on at approximately 60% power until 1:00 am. Sec. 628.9.2.8. Walls Sec. 628.9.2.8.1. Configuration Arcades should have vertically proportioned openings. Garden Walls should be minimum of 8 inches in thickness with a projecting capes, Sec. 628.9.2.9. Elements Sec. 628.9.2.9.1. Material Signs should be made of painted wood or metal. Sec. 628.9.2.10. Roofs Sec. 628.9.2.10.1. Material Roofs, (gable or hip), should be clad in 3/4" low profile standing seam metal, wood shingle, or fiberglass architectural grade and diamond tab shingles. Sec.628.9.2,11. Streetscape Street furniture should be provided which may include benches, trash receptacles, pedestrian walkway lighting, bus shelters, sculpture, and kiosks. These may be located in the pedestrian areas as long as pedestrian flow patterns are continuous. Sec. 628.10. Landscape Guidelines Trees, palms, ground cover, grass and other living landscape plants should be provided in required or provided yard areas in accordance with an approved overall landscape plan for the development. Sec. 628.11. Examples of Architectural Elements and Materials See "Exhibit B. (For codification purposes, this exhibit will be inserted into this section.) Sec. 628.12. Examples of Architectural Elements and Materials See "Exhibit C". (For codification purposes, this exhibit will be inserted into this section.) "ARTICLE 8. neighborhood conservation DISTRICTS City of Miami Page 16 of 23 Printed On: 11/18/2004 File Number: 04-01279 Sen 8 2.1. tn;enT rest due to its unique role as ii� follow: a-: 2, within the overlay districts as specified ill -Sections 802.5 through 802.7. it • aotivity: • ti1C s&ilc of -the surrounding residential cornmunity. t • Avenue's "Main Street" character. In addition, Special Events a �. City of Miami Page 17 of 23 Printed On: 11/18/2004 File Number: 04-01279 be rnade to- g residents back to the - Grand Avicet e xcept special permits 4, 2- street shall be appropriately screened. ee Aee. "0" or "SD 2": City of Miami Page 18 of 23 Printed On: 11/18/2004 File Number: 04-01279 Side hero (0) feet minimum Rear: Ten (10) feet minimum ificatione#21: Side--Five-(5)--feet-rniaim-um Rear: T n (10) feet mi. imum Ions specified above. Qtti7 Aa i eight f fifty (50) feet; therefore, in order to ensure appro !1/AEl II El lstrict. in general: As per the underlying district except for the following- oncite parking space. signation; said- .............A..n Are+e. nF h.En I.,\ nr__mnre ert�r•ee a give a distinctive retail and AAA,.nAr..1.,� ..,�ran4ar tt, these streets as City of Miami Page 19 of 23 Printed On: 11/18/2004 File Number: 04-01279 a- b, d-: e: 9T cpccial rcgulati,� ry -aTd- ich is area, display area. 0 8-02.6.1r City of Miami Page 20 of 23 Printed On: 11/18/2004 File Number: 04-01279 i District Overlay, 1. Permanent structures providing f , ewelry sales, crafts and carvings). rmities. Sec. 802. Charles Avenue Neighborhood Conservation Overlay District City of Miami Page 21 of 23 Printed On: 11/18/2004 File Number: 04-01279 Sec. 802.1. Intent Charles Avenue is of special and substantial public interest due to its historic identity and historic structures; to identify and recognize the historical significance, to promote gateways, gathering places and activities corresponding to its culture and heritage, and to compliment the character of the entire community and promote the history of the Island District. In order to promote its successful revitalization and restoration, this Neighborhood Conservation District is enacted. The purpose of the Charles Avenue Neighborhood Conservation Overlay District is to recognize and identify the historic significance of Charles Avenue, originally "Evangelist Street", in Coconut Grove. As the community establishes the importance of its historic contributions as one of Miami's first settlements, and as a historical Bahamian community, the Historic Preservation corridor will serve as a public reminder and preserver of that distinction. The Charles Avenue Neighborhood Conservation Overlay District will help define the uses and designs of buildings and help maintain the scale and character of the existing neighborhood. The Corridor will identify and encourage preservation of historic sites on Charles Avenue, including: the Mariah Brown House, home of the first Bahamian settler; The Historic Black Cemetery; The E. F. Stirrup House, home of the first Black doctor; historical churches, and several historical homes. The Charles Avenue Neighborhood Conservation Overlay District is intended to compliment the character of the entire community and promote the history of the Island District. The Charles Avenue Neighborhood Conservation Overlay District Overlay is located along Charles Avenue between Douglas Road and Main Highway. Sec. 802.2. Effect of NCD-2 district designation. The effect of these NCD-2 regulations shall be to modify regulations within portions of other zoning districts included within the NCD boundaries to the extent indicated. Sec. 802.3. Class II Special Permit 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 demolition of any existing building; or for the erection of any new building; or for the location, relocation or alteration of any structure, sign, awning, landscaping, parking area or vehicular way visible from a public street. The purpose of the Class I1 Special Permit shall be to ensure conformity of the application with the expressed intent of this district, with the general considerations listed below and listed in section 1305. *ft 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. City of Miami Page 22 of 23 Printed On: 11/18/2004 File Number. 04-01279 Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption. APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ 84_ CITY ATTORNEY Footnotes: {1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 23 of 23 Printed On: 11/18/2009