HomeMy WebLinkAboutO-08608ORDINANCE CE NO, 86011
AN ORDINANCE AMENDING ORDINANCE NO,
TUR7C�T OP
THE
COMPREHENSIVE ONINC ORDINANCE POR
MtIAMI, RY ADDINC A NEW ARTICLE, ARTICLE XVI�i,
POULEVARD COMMERCIAL, 0.4A DISTRICT, PROVIDING
POR INTENT, USE REGULATIONS, TRANSITION USE
AREA, LIMITATIONS ON USES, FRONTAGE REQUIRE.
MENTS, AREA; YARD , HEIGHT, .USABLE .OPEN SPACE,
FLOOR AREA, PARRINC AND SIGNS, BY REPEALING,
ALL; ORDINANCES, CODE SECTIONS, OR PARTS
T tEREoP IN CONFLICT: AND CONTAINING A SEVER -
ABILITY PROVISION,
WHEREAS, the. Miami Platting Advisory Board, at its
meeting of November 10, 1976, Item No. 1, following at advertised
hearing, adopted Resolution No. PAB 31-76 by a 6 to 0 vote,'recom
mending a new zoning classification, C-4A Boulevard Commercial
District; and
WHEREAS, the City Commission, after careful consideration
and in the
to amend
and due deliberation of this matter, deems it advisable
best interests of the City of Miami and its inhabitants
the Comprehensive Zoning Ordinance by adding a
Commercial District as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION
OF MIAMI, FLORIDA:
Section 1. Ordinance No.
Ordinance for the City of Miami be, and the same is hereby amended
by adding a new Article XVI-1, Boulevard Commercial District,', to
read as follows:
CITY
new C-AA Boulevard
OF THE
6871, the Comprehensive Zoning
Section 1. - INTENT
Itis the intent of this district rterialestablish
streetstsuitable
regulations
locations adjacent to principal a
designed to,promote 'quality shopping environments "ina
linear setting where pedestriaonmaintainyandn etre engthentthe
Special provisions designed t "
continuity of commercial service uses and to promote
mutually compatible commercial activities aaSdtn resideetial
development include establishment of a tr n
area to supplement C-4A frontage for vehicle
storae agand/or
open space. and to"provide
ergreater
sites,use anddesigneoa
tunities`fostered by g
Section 2, - USE REGULATIONS
No building or structure, or part thereof, shall be whale or erected,
altered or used, or land or water used, n
pa
for other than .one or more of the following permitted uses
in accordance with limitations hereinafter specified.
Apa `t a tts only whet cot hiiec with ooif'ierdial
devei.opm fit at the ground leUel permitted in this
sedtion, not to ekoeed a detsitV hf ene(1) 'dwelling
unit fot. 'each 1500 square feet for . Unitb ddlitainitg
more that dne bedroom or one dwelling unit for eadh
750 square feet of lot area fat efficiency and one
bedroom dwellings or combinations thereof,
(2) Antiques
(3) Art Galleries, Museums and libraries
(4) Art, Music and barite Studios
(5) Art Supplies
(6) Bakery Ooods Shop
(7) Banks and Finance Offices
(8) Bicycle Bales and Repairs
(9) took and Stationery Store open to the general public
(10) Church or house of religious worship
(11) China and Crockery
(12) Confectionery or Ice Cream Store
(15) ClothingStore
(14) Custom dressmaking, millinery or drapery store
(15) Dry cleaning agencies or pressing establishments
(16) Drug Stores
(17) Employment Office
(18) Film exchange and photographic supplies
(19) Florists, including plant and shrub sales.
(20) Fruit and vegetable
(21) Gift Shoppe
(22) Grocery Store
(23) Hardware
(24) Health Studios
(25) Hobby and. Crafts
(26) Home appliances,
(27) Interior decorating
(28) Jewelry and Watch sales, repair and service
(29) Laundry. Agencies
(30) Letter service and mimeographing
(31) Leather goods - sales and repair
(32) Liquor package
(33) Locksmith
(34) Medical or dental laboratory
(35) Medical or dental offices and clinics
(36) Meat market or delicatessen
(37) Music and Musical. instruments
(38) Newsstand or Sundry;
(39)'Office .Supply
.:
(40) Offices - Professional or Business
(41) Optical Stores
(42) Personal service shops such as barber and beauty shops
(43) Pet shops
(44) Photographers
(45) Real Estate
(46) Religious Associations
(47) Restaurants, tea rooms or cafes (Including outdoor
cafes and dining areas).
(48) Shoe Repair Shop
(49) Sporting Goods
(50) Tailor Shops;
(51) Telegraph Office
(52) Theatres for the general public and theatrical studios
(53) Ticket Agency
(54) Sale and incidental servicing of radio, television,
phonograph, and home appliances
(55) Coin Operated Laundries - provided that:
(a) Self-service laundry machines shall not exceed,
for all washing units combined, a total rated
capacity of 500 pounds and provided further that
no machine shall exceed a rated capacity of
thirty-five (35) pounds,
Self-service dry cleaning machines shall not
exceed, for all dry cleaning units combined,.
(b)
a total 'eapadity of forty (4b) poutcdt, and
Provided further that no maehife shall ekceed
rated eapaoity of ten (lb) pounds aftd §hail ba.
dlassified as a Matt IV system, as defined by
Florida Fire preVehtidh Code, 1958, Seetioh 80, Sd,
(d) Establishments shall be to designed by uhieh to
11
(c) Allvents and exhaust outletsthat are used for
prokJide a neat and orderly appearance as viet4ed
from the stc a fronts.
(56) bry leaning Establishments
(a) Any dry cleaning establishtttent shall not use
tinore than (1) clothes cleaning unit and said unit
shall Thb have a rated capacity of not a than
fifty: (50) pounds.
(b) All dry_cleand related activities shall ;be
�aning
solely for the retail trade of the subject'pretnises•
. .
removing fumes and/or heat from cleaners, washer
or dryers shall be confined either to the roof
area of 'a building or the po
rtion of an exterior
wall area that is,8 feet or more above grade,
and all such outlets shall be constructed so as
to discharge in a vertical direction, public
Use areas shall be air conditioned.
(d) Establishments shall be designed to provide a
neat and orderly appearance as viewed from the
store fronts.
(57) CONDITIONAL USES
(a) Residential Development
1. Locational - apartmentdevelopments when not
combined with commercial use shall be located
not less than four hundred (400) feet from
the intersection of primary arterial streets
andtwo hundred (200) ,feet from the intersection
of secondary arterial streets.
2. Development Character
a. Density - one dwelling unit for each one
thousand five hundred (1500) square feet
of lot area for buildings containing from
four (4) to fifteen (15) units and a
density of one (1) dwelling unit for each
additional nine hundred (900) square feet
of lot area for buildings containing more
than fifteen (15) units.
b. Lot Coverage - shall not exceed twenty-five
(25) percent of the lot area.
c. Yards -.Front — Twenty (20) feet
Side Street - Fifteen (15) feet
Side Fifteen percent (15%) of lot width
with a.minimum side yard of nine (9) feet
and a maximum of eighteen :(18).feet.
Rear - twenty (20) .feet:
d. Open Space a minimum of three hundred
(300) feet of usable open space shall be.
provided on the ground level within the
principal site.
(b) Hotels and Motels
(c) Charitable sale of second hand or used merchandise
by non-profit organizations,
(d) Night clubs and supper clubs in accord with the
conditions specified in the C-2 district. activities;
(e) Gasoline stations limited to the following
dispensing of gasoline and motor oil, incidental
automobile services such as washing,: cleani.ng,.
polishing, battery changing, lubrication, brake
and transmission adjustment, minor automotive repair
work such as tire, brake, ignition and cooling
systems and accessory parts and incidental replace-
ment of automotive parts.
(f), Wholesale and storage facilities
(g) Mortuary, undertaker or embalming establishments
and funeral homes
(h)
Lodges 3 fraternity or sorority hotiadA hot used for
Profit
1151s, jttiV ns, idut�ges and privatetb nchpool
and billiard halls designed it according
following:
1. tstabtishbettts shall be designed to tefleet.
a teat and orderly . appearance
�u1lyviewed
enclo���
the store fronts and .sh
at all titles
Parking garages designed it aocordance'With the
following standards,
1, paiking garages shall be set back a minimum
of twenty (20) feet from allfront, side
street and rear property lutes e Setback
areas will be landscaped it1 accordance with
the provisions of Section 7 (Yards), $wilding
facades shall be designed to fully screen .all
vehicles from public view, Parking garages
shall be located Within two hundred. (200) feet.
of secondary arterial streets and four hundred
(400) feet of primary arterial streets.
(58) Accessory Uses and Structures
(59) 0thet Uses — Activities and functions similarC scharacter
to those uses permitted in Section 2, and
whihe
clearly consistent with the intent of this district.
Section 3 TRANSITION USE AREA
(1) To strengthen the shopping continuity and reinforce
the pedestrian experience along frontages in the C-4A
District, a transition use area has been established..
This area encompasses those lots and parcels. that are
located to the rear of the C-4A district or across
from dedicated alleyways that serve the C-4A district.
A twenty (20) foot bufferzone shall be provided along
the frontage of all transition use area lots used in
conjunction with C-4A uses.
PERMITTED USES Thoseuses permitted in the existing
zoning district.
Off -Street parking and loading, when used
in conjunction with contiguous C-4A use
and designed in accordance with the
requirements of Article XXIII, Section 8.
- Usable open space to accommodate resident
needs .in,the C-4A district.
CONDITIONAL USES - Permitted and accessory uses described in
Section 2 of this Article, in accord
with the following limitations. In no
instance. shall Permitted Uses be interpreted
as Conditional Use specified in Section 2-
(57)a-j ., .,
HEIGHT - 35 Feet maximum
LOT COVERAGE - Commercial 35 percent
- Residential and mixed use
30 percent
ACCESS - Through commercially zoned
properties.
YARDS . - Front: 30 feet, Side; 10 f
Yard areas shall be established from the
rear of the buffer zone,
AC NINE Ai b LAN CAPIt4@
A soiid textured masonry tail 6 feet in
height shah be provided at the :Year bf.
the buffer Mit and where a residential
use is sited along 4 side lot line of
litiesr A miiiimurn of (1) shade tree for
each four hundred (400) square feet of.
buffer tone shall be provided, Grasses,
hedge faterials and/or ground cowers
shall be provided, Grasses, hedge tatetials,
and/or ground savers shall be planted it the
buffer Zone to suppletnetit trees, . Trees
shall be a minimum of twelve (12) to fourteen
(14) feet in height,three inch (3) caliper,
six (6) foot clear trunk; hedges shall be
compact planted, not more thati'si (6)
inches on center to a height not less than
thirty-six (36) inches,,
Section 4. - LIMITATIONS ON USES
(1) All activities including retail sales, displays, food
preparation areas, and storage shall be conducted
entirely within a completely enclosed building with
the exception of the following uses:
(a) Arts and crafts exhibits including demonstrations
and performances.
(b) Restaurant dining areas with table service.
(c) Sale of flowers, plants and shrubs.
(d) Sale of objects of art and handicrafts.
(2) All products shall be sold at retail on the premises.
(3) No second hand or used merchandise shall be offered
for sale, displayed or stored, except in antique
shops, art galleries, used booksor sales by
charitable organizations as specifically listed in
Section 2 of this Article.
Section 5. - FRONTAGE REQUIREMENTS
(1) Development of C-4A properties.
(a) At. least 50% of each street frontage shall be
allocated for ground level occupancy by non-
residential uses.' The remainder of such
frontages may be devoted to business or professional.
offices or residential uses, to building entrances,
lobbies, through block connections, arcades,
lightwells, atriums, or other pedestrian spaces,
or to access drives to parking facilities: The
provisions of this paragraph shall apply only
to that side which may be termed the front.
Section 6. - AREA
(1) Non -Residential Use:
(a) There shall be no required area or width of lot for
non-residential uses:
(2) Residential and Mixed Uses
(a) The lot area for residential uses which have more
than 50% of the total floor area devoted to
residential uses, shall be at least six thousand
(6,000) square fet with a minimum average width
of sixty (60) feet,
Section 7, - YARDS
(1) Non -Residential and Mixed Uses
(a) A minimum front and side street yard area of 10
feet and a maximum of 20 feet in depth shall be
provided in the d.4A district, A buiidifig VA .i
may encroach upon the required frost or side
street yard area, if a Spade.e4ua1 to that
displaced by Stich h tie it is provided as a
courtyard, placa or other such ground level
public space accessible to the general public
during noitl business hours, Up to 2/3 of the
public space as providedby required yard areas,
may be utiiited for outdoor dining, flower and
handicraft aitd art displays and sales as
provided for in Section (4)) paragraph (1) of
this district,
Mete a C?'4A Use abuts, a residential district:,
a ream yard 'of.at least twenty (20) feet shall
be provided, In additions buildings (residential
and non-residential) shall be set back one (1)
foot for : every two (2) feet of height above
thirty-five (35) feet,
Where a residential portionof a nixed use has to
window openings along a side lot line, to side
yard shall be required
On the residential portion of a mixed use, a
nine (9) foot yard area shall be required where
a window opening occurs.
Landscaping
Yard and setback areas: shall be properly land-
scaped. Yard areas with a minimum dimensionof
twenty (20) feet shall provide one shade tree
for every 500 square feet of yard area. Trees
may be shade or flowering with a minimum height
of 12 to 14 feet with a minimum trunk size of
three (3) inches and six (6) feet of clear trunk
area.
Section 8. - HEIGHT
(1) There shall be an absolute height limit of forty-five
(45) feet.
Section 9. USABLE OPEN SPACE
(1) Where residential development occurs in conjunction
with commercial development, a minimum of two hundred
(200) square feet of, usable open space shall be
provided for each dwelling unit on the principal site
or on'a contiguous: site located in the adjacent tran-
sition use area: Notwithstanding other provisions
of this ordinance, all usable open space shall occur
at a level not greater than nine (9) feet above grade:
Section 10.- FLOOR AREA
(1) Except as provided herein:
(a) The floor area ratio for non-residential uses
shall not .,exceed '1.0.
(b) The floor area ratio for residential uses shall
not
he exfloordarea.ratio for all uses in a
(c) The floor building
shall not exceed 1.5,
(2) The floor area ratio may be increased in accord with
the following provisions; but in no case shall the
cumulativefloor area ratio exceed 2,0, The lot area
used in the computation of the floor area ratio may
include 507 of the transition lot area provided that
said lot is abutting directly the C-4A lot or across
from dedicated alleyways that serve the C-4A district,
(a) The floor area ratio may be increased by ,10 for
each ten (10) percent, up to forty (40) percent,
of the site area devoted to usable pedestrian
ground 1061 pit. ad aftd courtyards, ataibt
upper level terraces and decks for t3alkif gf
sitting and ai ilat padsive pfirsuits t which
serve as an ektension of the pedesttlan
shopping etvir tmefit afld . cotipletient fading
retd11 and offiee Use spaee, are net highe
than 9 ` feet above grade, and are open and
accessible to the generai public,
(b) The floor area ratio may be increased by = 02
for each 10% of requited oti&site parking,
inclusive of the C=4A and transition lot,
located in a parking striicttite of unproved
parking lot in the transition Use area,
developed in ac+:,tord with Article. III, l0 for
(c) The floor area ratio may be increased by ,
each project havin .: at least d
100
it feet
the of 4frontage
and 10,000 square feet of
A
district,
(d) The floor area ratio may be increased by ,05
for each 100 feet of frottae and 10,000 square
feet of land in the transition use area.
Section 11, PARKING
(1) Parking requirements shall be itaccot rdar tcehfit thege
provisions of Article XXIII, excep
(a) Non -Residential_
Required parking for non-residential uses may be
located off site:
1. Within 600 feet of thepremises it is intended
to serve when located in the C-4A district,
2. 0n a contiguous transition use area lot or lots.
(b) Residential and Mixed Uses
Parking for residential uses must be provided
on the premises ltintended
area lotserve
or 1ots,on a
contiguous transition use
The required amount of on -site parking
residential
atihusestal
es
need not exceed one space for each dwelling e t orl
amount of parking provided for non-residential uses, equals
exceeds the off-street parking requirements for the residential
uses.
Section 12. - SIGNS
The placement, size and erection of all signs shall be in
accordance with the .provisions of Article XXIV - SIGNS
Section 6 - Signs in the C-2A District.
Section 2. That all laws or parts of laws. in conflict
herewith be, and the same are hereby repealed insofar as they are
in conflict.
Section 3. Should any part or provision of this ordinance'
be declared by a court of competent jurisdiction to be invalid, the
same shall not affect the validity of the ordinance as a whole,
PASSED ON FIRST READING BY TITLE ONLY this 15th day of
December 1976.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
26thJanuary � �.977.
ONLY this day of
V> If EOPt F ERRE
PitEPA tb ANT) APPROVED f
MICHEL E; ANDERSON
ASSISTANT CITY ATTORNR?
APPRO D AS TO FORM ND CORRECT-)11
NESS:
GEOGE" F KNOX
CITY ATTORNEY
MIAMI Review
Aivii tiAILY iltdOOtb
ihtlrlc' hed batty cxcePt 5nttirdny► Sundtiy trrh!
• L.egtil Ihflitln)'s
:tlictmit Dade Cntu►ty; I•ltfritiq
ATE' OF FLORIDA
COUN rY Or DAbt:: ,personally
oP
Before the tindersigned authority , p
eared Ruth .clatter, who' on oath says that she
is A9sistant to the Publisher of the Miami Re,da a d
Daily record, a daily (except Saturday,
Legal If., idays) newspaper, published at Miami in
Dade County. Florida; that the attached copy aaf odver-
. tisement, being a , Legal 'Advertisement or !'lotice td
the matter or
' e•'i �d said :,..'.. Court.'
was pt:tin nt wapaPer in Out Issues of
., .. •—
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Lftuot further Fay, thdtthLaid
iidistuir..i tti ii
and U..' i'.••co,d i3 n n• a,n •eP'
in t;,•id i,:itta County, Ftrattla, and
th attl th a i,,iht•dtares.
in.
papar bar. heretofore bee,' i 1 '' the C1 .
cu:d pv�+.• Chanty Flo�itta, e:aC�rlday
ts(•tr vn mitered as.
:Atnday sin aortal fint,days)
'second class mall platter at the post rttice in ldiarni,
in. %t.N t)iite County, Florida, for. a p.•t+>d •,I nn•• vear
tie -et t r==eding the first publication of the attached '
copy cf edve•ttisem«ntt attd atft:tnt further says that
or i'r nr tuna rany+ discountr promised ba e, ncommissionfirm
or •
Ur CJ
refund f-ir the purpose of t.xcun:'.7 this . dvr!ttsrrant
for p'-thiicaton in the said newspaper.
II
St^orn to and .ubscnlr•d hetore me this
day cf :• t' A.D. t) 7,1
frotnry . tfolic, :gate at Floroia at Large.
(SEAL)
f. y Commission expires June 1, 1079.
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.PLANNING rA T SHEET
APPLICANT City. of Miami.pia1Wiag bepaftmeht
NoveItber lei 1976
Arendient to the Comprehensive 2oningOrdinance
46871 by addinga new Men ►B tt lei ► Boulevard
COMMerdiAl C-4A District
The br.Martih Luther king Boulevard project
on Nth 62nd Street Was conceived as an effort to
provide social, econoMic and physical improve►=
mehts'to the Model City area. Two Million of
the City's 1972 Parks for People Bond Issue was
allocated to acquire and develop properties for
park and recreation purposes. This vote of con-
fidence by the City voters was followed by a 8,7.
million bond issue approved by the citizensof bade
County to widen, beautify and provide park facil-
ities along the Boulevard.
The plans for upgrading the right-of-way of Martin
Lather Xing Boulevard center on the entire; length
of NW 62nd Street from the City of Hialeah to NW
6th Avenue in the City of Miami. The revitalization
of existing businesses and the generation of new
businesses along MLK Boulevard is expected to
result from the public improvements.
The community goals envisioned with the planning
for the Boulevard's revitalization include:
- - encourage the growth of small business and
shops to diversify the area's shopping base.
- - provide at certain locations attractive public
parks and open space.
-- provide a circulation system that satisfies
vehicular and pedestrian needs while minimizing
conflicts.
- - encourage land usemixture: that will achieve
continuity of pedestrian movement.
- - provide for adequate on -site parking in a manner
that is consistent with need and with options
for remote site parking.
REQUEgT
XPLANA` ION
RECOMMENDATION
- PLANNING
DEPARTMENT
- PLANNING
ADVISORY
BOARD
COMMUNITY
REACTION
g- provide adequate landscaping provisions to
complement the linear park buffer Zone,
encourage land assembly that would allow for
a mikture of residential and commercial rises
through bonus arrangements.
-- establish appropriate height limits in accord-
ance with street scale and adjoiningtesiden-
tial.uses.
e
Since ekisting zoning regulations Wer
e not designed `-
to provide the necessary development controls to
achieve the goals envisioned for the Boulevard„
revitalization, a neW zoning district has been
formulated. The intent of this district is to.
establish, adjacent to principal arterial streets,
development regulations designed to promote quality
shopping enviro►unents,in a linear setting where
pedestrian activitycan be generated. The neW
ordinance is designedto further theobjectives`
of the Dr. Martin Luther King Boulevard linear
park plan, with provisions for parking at the
rear of the boulevard properties for pedestrian
safety and aesthetic reasons. The district regula-
tions provide for a wide variety, of community ser-
vice and retailuses that are mutually compatible.,
and scaled to protect the amenity level of adjoin-
ing low density residential uses. To encourage
quality redevelopment along Boulevard areas, the
district includes bonus floor area ratio incentives
for land assembly, public spaces and parking.
Approval The new Zoning District has been prepared
in accordance with the MLK Boulevard land use plan,
adopted in October of 1974 by the Model Cities
Governing Board.
Recommended Approval by Resolution #PAB 31-76, by
a 6 to 0 vote,, two (2) members absent.
Three public hearing were held in: the community
having a combined attendance: of approximately two
hundred persons...A majority of those in attendance
participated in the hearing process by raising per-
tinent questions onthe ordinance's effect upon
existing and new development. Twenty persons
spoke in favor of the new ordinance. Four persons
spoke agains the ordinance citing their reasons:
-- Restricting wholesale and manufacturing uses
-- Providing an overabundance of commercial uses
Prohibiting outdoor advertising
-m Creating non -conforming uses
Nineteen written objectors' COMMent§ were
received.
Adopted on first reading on 12-15-76.
-CITY
COMMISSION
PD 11/23/76