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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 ., .. •— • • 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. r i'i \ Mr' sti lira. 014: t t11 $ ti'► i i,tlltiit.l i,i:tt.%t. Sti31t•1.; \a ins••r+':;••i ',r tl thk•' „tU•• that .in'tins •',ith • by nt StttiusY:. ic; 41i.. of 'Miami t•':.irld:f adopted the rot:titattt:d ' tat;UtNANt: E NO. MO? AtifEbl){Xt; OfUt:�;lN(1 \ . fu t. • ,1 T1li•i:t•deii':•:ftF:tiSi\•+:, ,jftXi�:{; URt)!NA`c't-. FOR ,tc .1ii.\?ii Ft'• ,\?t-fii)ititi St•;tirit)SS T; AND i.t (Try tiX:i ?,?:tIT1.f'tt .\MI:::i.,\ii-:NT'". rtF',,s` + `: Tt{;• Tti{;•: L{1!:'I':i vc it T{ii: T:+t.\itT't ,\ It'i F't,.l`tNrNti ,\It\'iSiti:Yr'.(ITV FILE; Te 'i'1!!•:::' Tt ,�''1?.i\it'`�!►ai'S,Yx� i't tT 1 'I'il�; '1T !.{i:•;:4n5?;• in F:Nt'1.:'t)=_ T1(1; : Nit 'NTH- ill.' \Ta;i'ST 1 P.O..; -{'iT:: t•ria151 T.\TI+1�: 01.' 'CI11F: i.itiliI1TioN t. Tffr. ,\N.r„ L..r�ti-:it c,T_1.! .: 01 tiff \\:..1...'C.;'U" r!il); •l:et'ri ,tr'I',@'T{11�itt tilFt i� CONI•'i.itT '.`W)` {.••\It 1 t' !'•:1' Vitt-: 1 t.`+r\F'i.;t:'1' .\Xi) i'.i '1':1l`:t •+t ,� t• :,1,•ttt:it!:.crTit: .`y;ii 1 1101'I,-:\+\Hlt l'tt\i,\iM:i'..{.1{, 7'=t,\ ,. 1 =, ..:� It i. ,-: ,�+. F:� i.i;ii: ,\{. '� t. s t,'; t a,.•1 .i'. 'tat+'late•::+i,._ s. • •IS�0.9.1':•: \i.i,ii3:{tiy,,^vey�r• 't�, _ `• a '{'il• .,� t: C::•tC�a• i, ..irk A\t :,: ,.Itt .a, .. it e-•.+l.e',i.�a';,ittJli: It ', ,',,•.r, 1'13Ki? ;• .\.`•i) t',3 'i:::'a..i:,\i. c. "'iai•.' • ;it:.\,.:. air ': :.L."..''I",,t`. .'L;'' ;tt,i•:.1 1` t` ;it1{ it t'S ,:T1 .' it Tinti•:A 1 ,4 .aii'i:Ca: ,.*, ,\T1'?•1.. it •.i:;i: ' .i,at,� _ t-;:C'f;F:"I' .\: \:+:1 t:' t, t.'+-`• t\i• ,t .,iC .i `:i t':, ,p, ;$4 .1'21:: s�•!'• "': S.' e •`.' is ., t: t;'i {{.: :.?. .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