HomeMy WebLinkAboutO-083821
2
a
4
6
7
10
11
12
13
14
15
16
17.
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
MEA
3/3/iS
ORDINANCE NO;
AN ORDINANCE AMENDING oRDINANCE No, 6871,,
THE COMP EHEN8IvE nNINd oRbINANCE FoR THE
CITY of MIAMI TO INCLUDE A NEW ZoNtNG biSTRICT,
ARTICLE )tIV-i, SPECIAL COMMUNITY COMMERCIAL =
C-2A DISTRICT, PROVIDING FOR INTENT, USE REGULA-
TIONS, LIMITATIONS ON USES, PEDEsTRiAN STREET,
AREA, YARDS;" HEIGHT, FLOOR AREA RATIO, FLOOR
AREA PREMIUMS, MAXIMO, AND SITE AND DEVELOPMENT
PLAN APPROVAL, AS HEREINAFTER SET FORTH; REPEAL-
ING ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT, INSOFAR AS THEY ARE IN CON-
FLICT; AND CONTAINING ASEVERABILITY PROVISION.
WHEREAS, the Miami Planning Advisory Board, at its
meeting of February 5, 1975, Item No. 5, following an
advertised hearing, adopted. Resolution No. PAB 10-75 by a
7'to 0 vote recommending adoption of an amendment to Ordinance
No. 6871, the, Comprehensive Zoning Ordinance of the City of Miami,
by adding'a new ARTICLE XIV-1, Special Community, Commercial,
C-2A District,as hereinafter set forth; and
WHEREAS, the Commission of the City of Miami finds. it
in the best interest of the public to add a new ARTICLE XIV-1
Special Community Commercial - C-2A, to Ordinance No. 6871, as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA
Section 1. That Ordinance No. 6871, the Comprehensive
Zoning Ordinance for the City of Miami, be and the same is
hereby amended by adding a new zoning district, ARTICLE XIV-1,
Special Community Commercial, C-2A, to read as follows;
ARTICLE XtVail a SPECIAL CCMMtf I' it COMMERCIAL = C4A bISTRICT
Section 1. m 1E'
It is the pulse of the Special Community Commercial bistriat
to promote the development of commercial areas which have a
unique mixture of land uses and special design character. This
district is intended to strengthen and promote the special use
andscale interrelationships between retail commercial land'
uses and pedestrian activity; to maintain continuity of prime.
retail, service and related use frontage, to encourage innovative
site planning and architectural design; to encourage those
activities which generate, an active pedestrian street life; to
create opportunities for combining residential and commercial-
usest.and to preserve and promote cultural arts facilities for
the general public welfare and amenity.
Section 2. - USE REGULATIONS
No building or: structure, or part thereof,. shill be erected
altered or used, or land or water used, in wh,,le or in part for
other than one or more of the following specified uses in
accordance with limitations hereinafter specified.
(1) Any use permitted in the R-4 district subject to the
Minimum Floor Area and Useable Open Space Regulations
specified in said district.
(2). Antiques.
(3) Art Galleries, Museums and Libraries.
(4) Art, Music and Dance Studios.
(5) Art Supplies.
(6): Bakery Goods Shop.
(7) Banks and Finance Offices.
(8) Bicycle: Sales and Repairs.
(9) Boat Accessories.
(10) Book and Stationery Store open to the general
(11)
Chess, Pool and Billiard Halls.
(12) China and Crockery.
(13) Confectionery. or.Ice Cream Store--
(14) Clothing.
(1g) duetam bressf king, Millinery or Drapery Stare,
provided thgt no products are prepared far the
purpose of supplying other busines§es tented
elsewhere.
(IA) my Cleaning Agencies 6t Pressing tatabiiah►ents.
(17) Drug 8t6te§.
(18) ttploymant Office.
(19) ?ilr Hatehange and Photographic Supplies.
(20) plorists, including Plant and Shrub Sales.
(21) Fruit and Vegetable.
(22) Gifts.
(23) Grocery.
(24) Hardware.,
(25) Health Studios.
(26) Hobby.
•
(27) Home.Appliance.
(28) Interior Decorating.
(29) Jewelry and Watch Sales, Repair and Service.
(30) Laundry Agencies.
(31) Letter Service and Mimeographing.
(32) Leather Goods - Sales and Incidental Assembly
and Repair.
(33) Liquor Package.
(34) Locksmith.
(35) Medical or. Dental Laboratory.
(36) Medical or Dental Offices and Clinics.
(37) Meat Market or Delicatessen.
(38) Music.
(39) Newsstand or Sundry.
(40) Office Supplies.
(41) Offices r- Professional or Business.
(42) Optical Stores.
(43) Pereooal Service Shops such as Barber Shops, Beauty
Parlors, and Shoe Polishing Stands.
(44) Pet ShOpe,
(4S) photegraphera.
(46) Real tatate.
(47) Religious AatooiatiOns.
(48) HeetkUranta, Tea Zooms or Cafes (including outdoor
Cafes and dining areas).
(40) Shoe Repair Shop.
(50) Sporting Goods.
(51) Tailor Shops.
(52)
(51)
(54) Ticket Agency.
(55) Variety.
(56) Sale and incidental servicing of Radio, Television,
Phonograph, and Home Appliances, provided that:
Telegraph Office.
Theatrical Studios.
(a) All servicing shall be confined to the rear
one-half of the premises.
(b) The area of the building devoted to service
activity shall be effectively screened .from .the
front portion ofa building so as to not be
viewed from any portion of the area of the
building devoted to sales or display.
(57) The fd.lowing USES if approved as a CONDITIONAL USE:.
(a) Theatres.
(b) Charitable sale of second hand orused
'merchandise by non-profit organizations.
Coin operated Laundries provided that:
. 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 twenty-five.
(25) pounds.
Sett -service dry cleaning maehit eh ah ►1i
not e3tceed, for all dry olaaning units
c ombir ed, a total capacity of forty (40)
pounds, and provided further that no,
i sohine shall eXeeed rated capacity of.
ten (10) pounds and shad be elasaified as
a clans IV system, as defined by tlorida
'ire Prevention Code, 1958, Section 80, M.
(d) Dry Cleaning Establishments:
1. Any dry cleaning establishment shall not
Use snore than one (1) clothes cleaning' unit
and which 'shall have a rated capacity of
not more than' thirty-five (35) pounds.
2. All dry cleaning and related activities
shall be solely for the retail trade of
the subject premises.
3. All vents and, exhaust, outlets that are.,.
used for removing' fumes and/or,heat from
cleaners, washers ordryers shall be:
confined either to the roof area of a
building or the portion of an exterior wall:•
area that is 8 feet or nore above grade, and all such outlets shall be constructed so: as
to discharge in a vertical direction.
(e) Gasoline stations limited to the following
activities: Dispensing of gasoline and motor oil
incidental automotive services suchas washing,
cleaning, polishing, battery changing, lubrication
brake adjustment, and transmission adjustment,
minorautomotive repair wort such as tires, brake,
ignition and cooling systems, and accessory
parts, incidental replacement of automotive
items such as tires, batteries, windshield wipers,
andminor engine parts, and incidental sales of
automotive accessories and ornamentalparts such
as mirrors, floor mats, polishes, solvents and
other related fluids and oils. .
Gasoline station activities in district shall
not include:
transmission' overhauling and rebuildings, paint
and body work, major parts replacement,
automobile, truck and trailer rentals, new and
used vehicle sales andcommercial vehicle storage.
(f)
(g)
Mortuary, Undertaker orEmbalmingEstablishments
and Funeral Homes,
Lodges, Fraternity or Sorority. Houses not, used
for profit.
AM Bars, Taverns, Saloons or Private clubs.
(i) Automobile parking lots and parking garagea.
(J)
dr6Und level business or processional offices.
fronting on designated p+ destrian streets, as
specified in section 4, paragraph (1) () s
(S8) Accessory Uses and Structures.
(SO) Other Uses: Other uses or enterprises a1i filar to the
above which, in the jud `.antof the Zoning 8Upe1viearef
the tuilding Department are consistent with the intent of 'mm mm
the District acid are not more objectionable to the S
general welfare than the uses listed.
"Other Uses" so determined shall be regarded as
°Listed Uses". 1n ho instance, however, shall the
Zoning Inspector determine, not the regulations be bo
interpreted, that a use shall be permitted in a
district when . such rise is :specifically listed as . first
permissible in a less restrictive district.
Section 3. 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) Automobile parking lots.
(b)
Arts and crafts exhibits including demonstrations,
and: performances..
(c) Restaurant dining areas with table -service
(d) Sale of flowers, plants and shrubs
(e) Sale of"objects of art, handicrafts but not mass
produced items.
(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 books or sales by charitable organizations
as specifically listed in Section 2 of this, Article.
Section 4. - PEDESTRIAN STREET
(1) Notwithstanding any other provisions of this district,
where a lot with frontage on a street is listed in
paragraph (2) of this section, development of that lot
shall provide:
(a) At least 65% of such frontage shall be allocated for
ground level occupancy by uses listed in Section (2)
of this district, excluding residential uses.
Ground level business or professional offices within
the 6576 restricted frontage may be permitted only as
conditional uses. The remainder of such frontages
may'be:devoted to business or professional officep.
or resiclential,=uses, to builda.ng entrances, 1pbpies,_:.
through oloclt connections:or other. pedestrian spaces-,
or to escalators or stairs providing pub1 .o, acoese
other levels, -or to acceee drives to par7014f .ci-1 hies,
If tea,or—'hors 's de$...Of -any property are "designated �'�.
(I) Cfound level }waitress or prafessianat effiees
fronting an designated pedestrian Tian streets, as
spselfied in geotief h, paragraph tl) (a)
(SA) Accessory Uses a ►d Structures
4
0 0)Other Uses: Other uses or enterprises similar to the
above which, in the judgment of the Lionihq Dupervisora€'i
the .tuilding bepartinent are consistent with the intent of
the bistrict and are not more objectionable to the
general welfare than the uses listed.
"Other 'uses" so determined shall be regarded as
Zoning Inspectordetermine,
Uses". In no instance, 'however, shall the
determine, tot the ' regulations be so
interpreted, that a use; shall be permitted in a
district when such use is specifically listed as first
permissible in a less restrictive district.
Section 3. .- LIMITATIONS ON DStS
(1) All activities including retailsales, displays, food
preparation areas, and storage shall be conducted entirely
within a completely enclosed building with the exception of
the following uses:
(a) Automobile parking lots.
(b) Arts and crafts exhibits including demonstrations
and performances.
(c) Restaurant dining areas with table service,
(d) Sale' of flowers, plants and shrubs
(e) Sale ofobjects of art, handicrafts but not mass`
produced items.
(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 books or sales by charitable organizations
as specifically listed in Section 2 of this Article.
Section 4. - PEDESTRIAN STREET.
(1) Notwithstanding any other provisions' of this district,
where., a lot with frontage on a street is listed in
paragraph (2) of this section, development of that lot
shall provide:
(a) At least 65% of such frontage shall be allocated for
ground level occupancy by uses listed in Section (2)
of this district, :excluding ..residential uses.
Ground level business or professional offices within
the 65% restricted frontage many be permitted only as
conditional uses. The remainder of ouch frontages.
may'be devoted to business or- professionaloffices
or residential, -uses, to bui].dcing entrances, loonies,.;..
through Plook connections:or other.pedestriaxi spaces,/
or to escalators or stairs providing pub -1c-aocess to: -�_
other levei.S, -or to access drives to par1049;... sou. .t .ee ,
I.f tith5- o - more _sues Qf any property are des .c natecl . • -T•.
as a +pedestrian street," such as a corner lot, the
provisions of this paragraph ehall apply only to that
aide which tAay he teed the front.
(h) A minimum front and side street yard area of 10 . feet
ands maximum of t0 feet in ;depth shall be provided.
A building wall may encroach upon the required front
.
or side street yard area, if a space equal to that
displaced by such encroachment is provided as a
courtyard, and plaza or other such ground level public
spaceaccessible to the general public during„
normal busiftesa hours. Up to 2/3 of the public
space ad provided' by required yard areas, may be
utilized foroutdoor dining, flower and handicraft
and art displays and sales as provided for in
Section (3), paragraph (l) of this district.
(c) Notwithstanding other provisions of this ordinance,
on designatedpedestrian streets, 100% of the
required open space for residential usesas specified
by Section 2 ... (1) of this district may be
provided et ground level or as upperlevel deck,
roof or terrace space, except that in no case shall
more than 20% of the required open space be provided
at a level above twenty-five (25). feet in height.
(d) All ground level public space, yard areas and
required open space shall be landscaped with a
minimum of one shade tree for every 30 feet of lot
frontage or portion thereof, or every 600 squarefeet
of area, whichever requires the greatest' number of
trees.
The provisions of thissection apply to all lots with, the
following street frontages:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
Frontage on both sides of Grand Avenue from Douglas
Road to Plaza Street, and from Margaret Street to
Mary Street.
Frontage on the northwest side of Main Highway from.
Franklin Avenue to Grand Avenue,and on the southeast
side from Fuller Street to Grand Avenue.'
Frontage on both sides of McFarlane Road from Main
Highway to Bayshore Drive, coincident with the
C-2A zone.
Frontageon both sides of Commodore Plaza.
Frontage onboth sides of Fuller Street.
Frontage onboth sides of Virginia Street from
Grand Avenue to Oak Street.
Frontage on both sides of Florida Street from,.
Virginia Street to Mary Street.
Frontage on both sides of Rice Street , from Grand
Avenue to Oa% Street,
7,
1
as
rrontaga on both. ;ides t1f hitd Road from Mary Straat
to 27th Avenue.
8ention.5. AREA
(1) Residential t;se 3
(a)
The lt,t; area for ;residential uses or uses whieh
have more than 'i5% of the total floor area denoted
to residential uses, shall be at least six thousand
(6000) square feet with a minimum average width of
sixty (60) feet.
,Non -Residential Uset
(a)
There shall be no required area or width of lot for
non-residential uses, or uses which have at least
2596 of the total floor area devoted to non-residentia
us
es.
Section 6. - YARDS
(1) Interior side or rear yards - No interior side or rear
yard shall be required, except that, where a lot in a
C-2A district abuts a lot in an "R" district (Residential),
a yard of at least ten,(10) feet in width shall be
provided on the side adjacent to the "R" district. In
addition, the building shall be set back one (1) foot for
every two (2) feet of building height above twenty-five
(25) 'feet on sides: adjacent to, an "R district.
(2) Front and side street yard areas shall, be at least
ten (10) . feet in depth and shall be maintained in
accordance with the: following requirements:
(a) No required yard area shall be used for. parking.
(b)
The yard area shall be landscaped with a minimum
of one shade tree for every 30 feet of yard
frontage or portion thereof, or every 600 square of
yard area, whichever requires the greatest number
of trees.
(c) Within the required yard area, appropriate street
furniture including benches, waste receptacles,
planters or fountains shall be provided in
.sufficient quantities to meet the needs of.
pedestrian traffic at that location. The design,
quantity and location of street furniture shall be
indicated on the site plan when submitted to the
Planning Department for site and development plan
review as required by Section 11.
Section 7, HEIGHT
There !hall be an absolute height limit of forty-five
(45)- feet, or four (4) atorieaf whichevsr is less
O
Section Mat AIM RATIO
tmeept as provided in Section §
(1)
The floor area ratio for non-residential uses shall
not exceed 1.0.s
(2) The floor area ratio for residential umas shall floc
exceed 1.0.
(3) The floor area ratio for all uses in a building shall
not exceed 1.4.
Section 9. .. MOOR ARM tRMtttS
The floor area ratio may be increased accordance with the following
provisions; but in no case, except as provided in paragraph (3) of
this section, shall the cumulative floor area ratio exceed 1.75.
(1) The floorarea ratio may be increased by..01 for each.
one (1) percent, up to forty (40) percent, of the site
area devoted to usable pedestrian ground level plazas
and courtyards, and/or upper level terraces and decks: for
walking, Bitting and similar passive pursuits, which
serve as an extension of the pedestrian shopping
environment and complement facing retail and office use
apace. are not higher than 25 feet above grade, and are
open andaccessible to the general public.
(2) The floorarearatio may. be increased by .02 for each
10% of required on -site parking located in an underground.
parking structure.
floor area ratio for any development containing a
theatre or theatres for the performing arts may be
increased at thediscretion of the Cii:y Commission after
public notice and hearing, but in no (:vent shall exceed
the maximum limits set forth as follows, nor shall the
cumulative floor arearatio for the development,
exceed 2.00 •
(a) Up to 300 seat capacity, a bonus of not more
than;0.15;
(3)
(b) Up to 500 seat capacity, a bonus of not more,
than 0.30;
(c) Greater than 500 seat capacity, a bonus of not
more than 1.0:
In determining, whether to grant a floor area premiumand the precise
extent of such increase, the Commission shall take into consideration
the following:
(a)
Whether the theatre or theatres are of a type and
size which the commission deems appropriate under
the circumatance5 pertaining at the time of.
application in order to achieve a balance of
facilities responsive to the need, of the dietri
ct;,
t .
(b)
Whether there ate facilities to support a variety►
of cultural arts performances and operations such
►s rehearsal apace, storage, dressing room or
setconstruction s,3ace; etc.
(o) Whether distribution of the bulk of the total
development permits adequate access of light and
air to surrounding streets and provides open
spaces, arcades, concourses or transit shop
facilities that would aid in the circulation of,:
pedestrians or vehicles.
Sectioh 10. PARKING
(1) On -site parking requirements shall be in accordance
with the requirements of ARTICLE XXIII of this Ordinance,.
except for the following provisions:
(a)
All required on -site parking for non-residential
permitted uses may, be located off -site:
1.
but within 600.feet of the premises it is
intended to serve if located outside the
C-2A district, subject to conditional use
approval.
anywhere within the C-2A district, but
generally within 600 feet of the premises it
is intended to serve to maintain reasonable
pedestrian access distances, and subject to
conditional: use approval.
(b) All of the required on -site parking for residential
uses must be provided on the, premises they are
intended to serve.: Notwithstanding the provisions
of ARTICLE XXIII, Section 4, paragraph (2) (a),
the required amountof on -site parking for
residential' uses need not exceed onespace per
dwelling unit, if the total amount of on -site
parking provided, includi.zg parking for non-
residential uses, equals or exceeds the normal
amount of on -site parking required for such
residential uses.,
(c) A minimum of one bicycle parking space for each'
vehicular space required by ARTICLE OCIII of this
Ordinance (up to 10 spaces) shall be provided,'.
on -site with secure storage apparatus to which
a bicycle may be docked.
For developments including a performing arts
facility as described in Section 9, paragraph (3)
of this district, parking provided on -sate for
uses other than the performing arts facility, may
be counted toward meeting the on -site parking
requirements of the performing arts facility as
specified in ARTICLE XXIII, Section 4 of this
Ordinance,
10
3
4
1
9,..
10,
11
12.
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
1975.
MAURICE A. FERRE
MAYOR
Section. lis titt 3 5EMAPRENT PLAN APPtthVAt
() Mfiy development permitted by this district shall be
requited to have the Site and development plah approved
by the planni]q bepatttent before a building permit is
issued by the bui1difiq Departheht aeebrding to
MRI'S i1E Ili, Section 42. The purpose of developfnefit plan
teView. is to assure that deveiopneht is ih addof`d With
the intent of the district.
S'edtion 24 All ordinances, lode sedtiehs, of
parts thereof in conflict Herewith; insofar as they are in
conflict,.ate hereby repealed.
Section 3. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative, or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance, and it shall be construed to have :been the intent
of the Commission of the City of Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative part
therein, and the remainder of this ordinance, after the
exclusion of such part or parts shall be deemed and held to be
valid as if such parts had not been included therein.
. PASSED ON FIRST READING -BY TITLE ONLY this . 12
day of MARCH , 1975,
PASSED AND ADOPTED ON SECOND AND FINAL READING BY
TITLE ONLY this 10 day of APRIL
0771/7*
ATTEST:
H. D. SOUTHFRU
CITY CLERK
PREPARED AND APPROVED BY:
(. r ""fir 1 `1.,)._ " w . C.. „ej►.2 ♦»,
MICflEL E. ANDERSON
Assistant City Attorney
A,P?ROVSDa,AS TO. FORM. AND CORRECTNESS;
:#tt% t't;7i.. f
ii t:,�t+:• tt rl +i•oft fike.4 i rtlrn
,:n tits frlr:t etd9- 7t Anrs1
,- t ,ts r•ntnJ»ic;ti.rn' it
'.i tr• i. Ft,,rlrt l n•ton`rel she f. i
ih :;ir.;l rsrCl::r ItirnS;
r•
T:'\r„i. -IP1
�:. 741.: \1TA`•1!-''IAbF;
:):0 T r,"--1' r')ri' A 'T;Rrot)
c:�r,10%;S
cot , \''"t:; Ti!r r' ,'l) IN
rN:() FAR A.
\' 'I ;Tt' it O' I ti 1 tl N:
'" •sue V101•." nN •='ts f).
i.:: •-' .+•-: S' f' C: ' S nv 1 '
vr,T,•: r \',)r I.;- S TITAN
tt;',
-•.t'•`,rr. nS r.i: r -t rO.'.t.
'.i(` `t'lti• t»rwtnf\r; FOR
•
ORniNANC•r.: NO. S)S
rvT)TN+\r= AttENb-
INr t.,RDI1:.iNt'E Nn. c'Th,
T It r r't1�tt'I?r,tTF.�S:V
70NI`el r1I+1)r\\\rE I:(llt
T11E rT`i'Y rot.' MMI:AMiT 'To
IXrLeDr.: ,-1 NiaV 7ONIVI;
t)'t;i rr`r. '. TIr t,I XLV-1: •.
S I' T. C I A T. COMi%II;NiTY
Cna?IERC1.+1, - I"-2A .DtS-
TP.ICT. PROVtDtNr, I'UIt
t`'TFN'r, 1:5=, P.EC;t;T.A-
TIOh:S. I.tMITATIONS ON
Tr S F. S. ' P' DESTT1tAN
STREET, AT:EA. • Y.1R1)S. •
FLOOR AREA
T?A'I'ro. n,00R \Rl.\ rrtx=
AtIt':.IS P'""rTN AND
SITE: \ND tAFV •r.OPME:NT.
Pi,.\N APPPr,',AI.. AS
TIP:•! :INAF'T:'R Si~T
»tY:r)•!i T,•:PEALINO
f)r,s,r ,.'C't:S rr'Ilt- scr•
next preceding the first publication of the' attached TlnNr OP r'Ar?'4 TH ?^-
copy of advertisement; and elfiant further says that r`F_ IN Cr"."'!CT. I.'Sr')-
. she has neither paid nor promised eny person, firm I•'\ t AS TH'r'_V ,\Its. IN
er corpotation eny eriseour' rebe'e commissions or r•'' t 1 ''1': • AND. CON-
T' 1'.:'Y':; 1 SIIVERABt1.iTY
MIAMI tEIVJEW
lit'lti bAtL1r. RCGF2[9
Ijuhti;;:r(I tidy rtrcpt 8011 ay, 5ftiuicy a.'ut
Legal 11,11410A
Marti, bade County, fl Hirfrl
,STAIt 61= FLORIDA
COUN r% or DADE:
Retard the .Undersigned authority personalty i+p•
Peered Martha Drobnle, who on oath says that she
re the V.f>., Legal Ads of the MIAMI RQview and
Daily R?cord, a daily (except Saturday, Sunday end
Legal . Holidiys)' newspaper, published at t,ltamt in
Dads County, Florida: that the attached copy bf advet.
tisement, being a Legal Advertisement or notice in
the matter' of
City of iiiainit Florida
Re: ORDINANCE NOS 8381.L
8382-8383i-8384-8385-8386-
8387-8388-8389-53890 r etc...
in the ?:X?i CcUtt,
was published in Said hew spaper in the 'met of
X�x,ri] 17,E .1975
Affiant furthersays that the said Miarni Review
and Daily Record is a newspaper published at Miami.
In said Darla County, Florida, and that the said news-
paper hes heretofore been continuously published In
said Dade County Florida, each day (except Saturday,
Sunday and Loaf Holidays) end has been entered as
second class mail matter at the post office In Miami,
In said Dade County, Florida, for a period of one year
refund for the purpose of securing this advertisement
far publication' In the said newspaper.
7/ le�
/Savor o Eta snb$t r • me this
17 th dy bra April Alp, 9 7 5
e
1` `t ` '�P%.. ulhl Inr eii
IN, >�' tar� ty 'State f`Mrr at Largo.
(SEAL). \� • - /C[ n jj�
My commission expt ley'1�, 1
CrI::1:N.\NCE NO. S3",c.3
+N
ORDIN.\NCL Nrr• r'7)
7ONtNr: ORDINANCE, O
lift* rITY, OP' MI \MI. BY
:\DDE.•:^, A N-!\' SECTIC).
TO ARTICLE XXIV.
•.S 1 C tic ' t'FT'F:AT.IN.
AL.f. r.PT`2N.\N1:};S. COD
SFCTIANS OR PART
TlIr:R-OF IN rONFLt
)NST AP AS .TIIEY ARE
iN rONFLICT: AND CO.
T.\IN1 r, .' ' S4-VERAIBTC
ITY PROVISION. /
ORDINANCE NO. r3trl
•
•
i rr.\• i1t 'r Y"r t1.•-1t „"i•1i-
�T YNr`;: Stet �:r •t-
TiF:i ' PF>r;'; it''tNG k'OP
F1("ii rr:s.•c:
.At 1, oar- X:\?`r•«S• Cr1t1F.
ce•C"'To.:" OP ]t.ly'I•S 1
Tr-fr t-Tsir '1,• r-O+:p'1.if:T:
ANT) Cf1NT\1N'7Nfl \ S V '
F.RAB:r.I'CY rR Dvisros.
' ORDINANCE NO., :??1i7
AN r,TIDI`AN(':: :i\t-:tit)-' •
7N(; ORD'N ANC'-',! No. rs71,
7.41 ). cr$moF=TIr•'NSfl; 't
Z1)s'r; OROtNANt7F: I:COR.
7'F1F: rrt•Y r?c \ti tNtL. HY
INCI.C'j)I}:r.
St71!F9 1NCE ' :1ISCSh: F.1-
CTL.ITri?S AS 1 CoNI)t-
1.101.7 .1stT'ir.1,8
VT rR-?--'{"tl'O•P A'M t LY
DWELI.ING ' r)IS'I RIC9')
RFPL:PT.Ii`rs A!. I. ORDT. '
NANCL•S, CODE St"t,T1ONS,
CYt PARTS ri r:Itt ()!` IN
CO. F1ICT. 1NSn1'••i14 1S
THEY a Rz: TN rONFi.1CT:
ANiI CONTAINING::\ SEV-
0.P.ABIL17'Y PROVISION.'
oRDINA\CE NO. SIIKS"
•
A\ C12?r•I\tN;rc. AM
t L•IN tNr :Nr) 5�71
7-11 1: CONIPIIFI4 .tiSIVE '
ZONT''n ORDiN A Nr?' FOR
T!rr CiTY OF '1ri Mt: I3Y
INr'T,t*PING �n�r.RFc1.
AL �' rt'r.+NCF:
1.-.\CII.1TTrR \1 1
CONC)II'10\A1, t cr tN �R.
TICI.T •.111 IM L: D T 11 M
F: 'DENSITY
�ll'LTIF'I.P:..:.R-I a
F D:STRtt',r,! P.FPP,:It iNR '
+Lt. ClPDIN,\N(-S.S. r(D).
SECTIONS. OR PARTS;
TIIF.RF.OF TN CC)NFLTCT.
rl IN`oF.1R. ,1C 7'?�fiY' tt,"rt
g tN Cr)N)'1,ICTt >N1) CON.-•
S T.\1NINr; A SEVi:.RA3II.f I •
IT?. PROVISION.
v- ORVINANC?s Nu: sr..4g - '
AN OP.D1N.% C) AMEND-
INC; ORDINANCE:' NO. RR7t,
•_THE Cr)�iPP.F.HENSTVE -••
A:: C1P.D1V:1X(E A31ENU- lO' 1NC r)kD?NANCF: FOR '
TAN:';(.; C)RrMNANCE NO 59TI, THr rlTY OF :.11-I�tt RY I
T F{ E CoMPREHENSTVF.. Dr7N TL L, : ISTAN E
ZONING; ORDIANCE, FOR DF.NTI.\l: CI'DSTANC•
ABCRr? . FACILTTILFt .\S 1
C:ITY OF. MIAMI BY PFR`li'1'TED' CIF. IN' \R.
CHANGING TIIE Z0NIN(;,' TICLE :XI1• (LOC:11. •COM.
FROM • ..1ERCLIL•--C-1
I;•'. ,T7,'O•,? \:FILM).. C-2 RF•PE.1i•T?'O •1.L rlT?DI•
CI:f31S1i:P.- ' N,\LACES, CODE. SF:C,TIONS,
•r': \1,,. AND r,.; ttt!:N•' OR 'PARTS THFP.FOF' 1N
L!:.'sL COMMERCI.iL) TO.; r0\FLrrr., TNSOFao' \�
r•:\ rSPt:,:'I.1L C:(lM?. U-1 THEY %T'1 I:� CONFLICT:
:;1'1'Y c'ONI'•IF.I:CI,•-L1 1•'OUL' AND rC,NTAINI:Vr_ A Sl•'\r•»
•riiE t'T'ti- F.. .\l11LITY PROVISION;
GROVE DISTRICT
IC't.
-HC. N ON THE '•1.\I'> OP,DtNANCE NO..S39()
A'IT.\CHI:T) ifr 2F.:Tn \5
T'S:If!L:1T "A"' AND MAIM; AV r.,t•?i'.rr�ry• (+ROi,
A. PART 11 •f:ia'r" !:Y �l.U'Z 1 .P�rc [rc�•.\:'•r'clal�ri t�
?:-.0 Tit i: `-'-CFsi: iv,' • ADVISORY COMMITTEE
C'H.\N(:1'S IN. T!1 7r)VfNe; O' S1'RSTA''Nc>:' - ,Ai31:S+';
T)IST::FC: ' NIA!'. ,1.\rfi-: .\ PP.t)VTla1Nr; F(P. •. Mai, -
1'ART r:1'' 8.\!Is (ARM.' POSITION. TER\T OF' OF, ;
'. t'•.t'•1: Nt'). L';'�1 T:Y !'.E1'- FILE. F'1:TT'r'r14?..."
• 1-'::F:Nrr .\NI) DF:;t"iRIP. RF'PONSiIiil.IT}. CON.
'I!.JN IN' ..ARTICLE: 111, DL'rT OF I.1"FTTXGt:,.'RF,,.
IN,; O:1r1I t r'7 j*so anti
•" 11 rrYtt,a«Iat:iit'i
!(1NtNr C: t 1i: \Noe. rip
`;I.0 t'I')N 2 Til ! OF:• }tE-
PEALI`•,; AI.L . Oltl![-
`:.1:.C'!=4 COD • SECTIONS.
4'' ' 1 t.JCT. !:tS3?•'.\rt Ati
,i..t,:Y \1: IN (.rryti ;.1 ICT
t' :) "(v)\I'.11NT\r: A SEA'--
;:.^. ABILITY 1':!r',1'iSro\•
AND 1'i'f4 T9T•:,; FOR AN .
r' C'riL'i; l?.A'rF:.•
P flT AND Pv(I ?)\tr11).1•
TRANS: Pv'PE.ALI*'rl ,\T.14'
()RrnV-4•?CFS. (TIDE syn., �.
TI0NS OR PATS THl:t;F:, ,
OF IN CON— Lt"T INSC)F+R
AA THEY ARE IN CON. i
SE'�ER ABIT,ITXsroN
n firt'TTiF.RV -
('T'r'S' rr•T'T,T,
MTV OF NITANIT •
1#::111.•attrn of tl;:a antra,+ nn i
11•0 1Tto tiay,or npri1 1975.
;TIT •' Si 4011911
6
7
13
14
15
16
17.
18
19
20
21
22.
23
24
30
31
32
33
34
35
MEA
3/3/i5
882
ORDINANCE NO.^ .._.�,
'AN ORDINANCE AMENDING ORDINANCE NO. 6571,
THE COMPREHENSIVE ZONING ORDINANCE FoR THE
CITY OF MIAMI TO INCLUDE A NEW EONING DISTRICTA
ARTICLE 5ttV,1, SPEC/AL COMMUNITY COMMERCIAL
C4A DISTRICT, PROVIDING FOR INTENT, USE REGULA-
TIoNS, LIMITATIONS ON USES, PEDESTRIAW STREET,
AREA, YARDS, HEIGHT, FLOOR AREA RATIO,, FLOOR:
AREA PREMIUMS, PARKING, AND SITE AND DEVELOPMENT
PLAN APPROVAL, AS HEREINAFTER -SET FORTH; REPEAL-
ING ALL ORDINANCES, CODE SECTIONS, OR PARTS
THEREOF IN CONFLICT, INSOFAR AS THEY ARE tN CON=
FLICT; AND CONTAINING A SEVERABILITY PROVISION.
WHEREAS,
meeting of February
the Miami Planning Advisory Board, at its
5, 1975, Item No. 5, following an.
advertised, hearing, adopted Resolution N
. PAB 10-75 by a
7 to vote recommending adoption of an amendment to Ordinance
No. 6871, the Comprehensive Zoning Ordinance of the City of Miami,
by adding a new ARTICLE XIV-1, Special Community Commercial,
C-2A District,as hereinafter. set forth; and
WHEREAS, the Commission of the City of Miami finds it
in the best interest of the public to add a new ARTICLE XIV-1
Special Community Commercial C-2A, to Ordinance No. 6871, as
hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. That Ordinance No. 6871, the Comprehensive
Zoning Ordinance for the City of Miami, be and the same is
hereby amended by adding a new zoning district, ARTICLE XIV-1,
Special Community Commercial, C-2A, to read as follows:
2
3
4
6
7
10:
11
12
13
15
16
17
18
19
20
21
22
23 •
24
25
26
27
28
29
30
31
32
33
34
35
36..
MEA
ORDINANCE NO,,
8382,
AN ORDINANCE ARENDINd ORDINANCE No 6871,
THE COMPREHENSIVE ZONING ORDINANCE FOR THE
CITY OP MIAMI TO INCLUDE. A NEW ZONING DISTRICT,
ARTICLE XIV41, SPECIAL COMMUNITYCOMMERCIAL
C=2A DISTRICT, PROVIDING FOR INTENT, USE REOULA-
TIONS, LIMITATIONS ON USES, PEDESTRIAN STREET,
AREA, YARDS, HEIGHT, FLOOR AREA tAT10, FLOOR
AREA PREMIUMS, PARNING,,AND SITE AND DEVELOPMENT
PLAN APPROVAL, AS HEREINAFTER SET FORTH; REPEAL-
ING ALL ORDINANCES, CODE SECTIONS,, OR PARTS
THEREOF IN CONFLICT, INSOFAR AS, THEY ARE IN CON-
FLICT; AND CONTAINING A SEV'ERABILITY PROVISION.
WHEREAS, the Miami Planning Advisory Board, at its
meeting of February 5, 1975, Item No. 5, following an
advertised hearing,, adopted Resolution No. PAB 10-75 by a
7 to 0 vote recommending adoption of an amendment to Ordinance
No. 6871, the. Comprehensive Zoning Ordinance of the. City of Miami,
byadding a new 'ARTICLE XIV-1, Special Community Commercial,
C-2A District,as hereinafter set forth; and
WHEREAS, the Commission of the City of Miami finds it
in the best interest of the public to add a new ARTICLE XIV-1
Special Community Commercial - C-2A, to Ordinance No. 6871, as
hereinafter set forth;
NOW, THEREFORE, BE IT. ORDAINED BY THE COMMISSION OF.
THE CITY OF MIAMI, FLORIDA:
Section 1. That Ordinance No. 6871, the Comprehensive.
Zoning Ordinance for the City of Miami, be and the same is
hereby amended by adding a new zoning district ARTICLE XIV-1,
Special. Community Commercial, C-2A,
to read as follows;
1
A I=f, xtv . = . EPECIA i COMMIT/ COMER tAL d=2A bISTRi I'
Section i. = INTENT
2t Is the pulse of the Special COMmunh&t mmerciliatiet
to promote the development of commercial �e ;r
ibis
unique tiXture of land uses and special c eaign eharacter,
district is intended to etrengthen and promote the special uae
and acme interrelationahipa between retail
COmYmereiityal land
urea and pedestrian activityt to maintain
of pri
retail, service and related use frontaget to 'encourage innovative
those .. .
site planning and architectural design.. to encourage
activities which generate an active pedestrian streett Life: to
create opportunities for combining residential an
duses: and to preserve and promote cultural arts facilities for
the general public welfare and amenity.
Section 2. - USE REGULATYONS
No buildingor structure, or, part thereof, shill be erected
altered or used, or land or water used, inP h 1ede or iin
s part for
other than one or more of the following p
accordance with limitations hereinafter specified.
(1) Any use permitted in the R-4 district.subject to .the
Minimum Floor Area and Useable Open Space Regulations
specified in said district.
(2) Antiques.
(3) Art. Galleries, Museums and Libraries.
(4) Art, Music and Dance Studios.
(5) Art Supplies.
(F) Bakery Goods Shop.
(7). Banks and Finance Offices.
(8)
Bicycle Sales and Repairs.
(9) Boat Accessories.
(10) Book and Stationery, Store open to the general public.
(11) Chess, Pool and Billiard Halls.
(12) China and Crockery.
(13) Confectionery or Ice Cream Store
(14) Clothing.
rF
(i) Cuet$r bressmaking, Millinery or brapegy Store,
provided thgt nb products ate prepared for the
pulse of supplying other businesses located
elsewhere.
(IA) bry Cleaning Ageneies or Pressing tstablieilfiente.
(17) brug Stores.
(10) ttbloyment Office.
(19) Plitt kkohanga. and Photographic Supplies.
(20) piorists, including plant and Shrub Sales.
(21) Fruit and vegetable.
(22) Gifts.
(23) Grocery.
(24) Hardware.
(25) Health Studios.
}
(26) Hobby.
(27) Home Appliance.
(28) Interior Decorating.
(29) Jewelry and Watch Sales, Repair and Service.
Laundry Agencies.
(31) Letter Service and Mimeographing.
(32) Leather Goods - Sales and Incidental Assembly
and Repair..
(33) Liquor Package.
(34) Locksmith.
(35) Medical or Dental Laboratory.
(36) Medical or Dental Offices and Clinics.
(37) Meat Market or Delicatessen.
(38) Music._
(39) Newsstand or Sundry.
(40) 0ffice Supplies.
(al) 0ffices Professional or Business.
(42) Optical Stores.
(43) Personal Service Shops such as Barber Shops, Beauty
Parlors, and Shoe Polishing. Stands.
(44) pet 8haps
(45) Phot +graphero..
(4) Real Setate.
(47) Religious.Ateociations.
(4e) teetaurants,Tea Rooms or Cafes
eatee and dining areas)
(49) Shoe Repair shop.
(50) Sporting Goods.
(51) Tailor Shops.
(52) Telegraph Office.
(53) Theatrical Studios.
(54) Ticket Agency.
(55) Variety.
(56) Sale and incidental servicing of Radio, Television,
Phonograph, and Home Appliances, provided that:,
(a) All servicingshall be confined to the rear
one-half of the premises.
(including
-utdoo r
(b) The area of the building devoted to service
activity shall be effectively screened from the
front portion of a building so asto not be
viewed from any portion of the, area of the
building devoted to sales or display.
(57) The fallowing USES if approved as a CONDITIONAL USE:
(a) Theatres..
(b) Charitable sale of second hand or used
'merchandise by non-profit organizations.
(c) ' Coin operated Laundries - provided that:
1. Self-service laundry machines shall not
exceed, for all washing units combined,
total rated capacity of 500 pounds and
provided'further that no machine shall
exceed a rated capacity of twenty-five
(25) pounds.
Self service dry cleaning machit es sham:
not etceedb fo4 all dry cleaning unts
combined, a to -Al capacity of forty (40)
pounds, and provided further that no ,
machine ahali exceed rated capacity of
tet (10) pounds and shall be classified as
a C1aes IV system; as defined by Florida'
Fire Prevention Code, 10580 Section 88, M.
Dry cleaning 8stablishments:
1. Any dry cleaning establishment shall not
use more than, one (1) clothes cleaning unit
and which shall have a rated capacity of
not more than'thirty-five (35) pounds.
2. All dry cleaning and related activities
shall be solely for the retail trade of
the subject premises.
3. A11 vents and exhaust outlets that are..
used for removing fumes and/or heat from.
cleaners, washers or dryers shall be
confined either to the roof area of a
building or the portion 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..
(e) :Gasoline stations limited to the following
activities: Dispensing of gasoline and motor oil,
incidental automotive services such as washing,
cleaning, polishing, battery changing, lubrication
brake adjustment, and transmission adjustment,
minor automotive repair work such as tires, brake,
ignition and cooling systems, and accessory
parts, incdental replacement of automotive
items such as tires, batteries, windshield wipers,
and minor engine parts, and incidental sales of
automotive accessories and ornamental parts such
as mirrors, floor mats, polishes, solventsand',
other related fluids and oils. .
Gasoline station activities in district
not include:
shall
transmission overhauling and rebuildings, paint
and body work, major parts replacement,.
automobile: truck and trailer rentals, new and
used vehicle sales and commercial
vehicle ..storage,
(f) Mortuary, Undertaker or Embalming_'Establishments
and Funeral Homes,
(g)
(h)
(i)
Lodges, Fraternity or Sorority Houses not used
for profit.
•
Bars, Taverns, Saloons or Private Clubs,
Automobile parking lots and parking garagex,
efound ievei nosiness .of professional offices
fronting oh designated pedestrian streets, as
specified it section 4, paragraph (I) (a)
(SA) Accessory Uses and 5truetures
(SO) Other Uses: Other uses ar enterprises sit iiaf to the
above which, in the judg :ent of the 2ohing 8upervitbret
the building Department are consistent with the intent . of
the bistriet and are not more objectionable to the
general welfare than the uses listed.
"Other Uses" ab detertlihed shall be regarded as
°Liste' Uses". ln tzb instance, however, shall the
Zoning inspector determine, nor the regulations be
interpreted, that a useshall be permitted in a
district when such arse is specifically listed as first.
permissible in a Tess restrictive district.
Section 3. 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) Automobile parking lots.
(b) Arts and crafts exhibits including demonstrations
and performances.
(c) Restaurant dining areas with table -service
(d) Sale of flowers, plants and shrubs
(e) Sale of'objects of art, handicrafts but not mass
produced items.
(2) All products shall besold 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 books or sales by charitable organizations
as specifically listed in Section 2 of this Article.
Section 4. PEDESTRIAN STREET
(1) Notwithstanding anyother provisions of this district,
where a lot with frontage on a street is listed in
paragraph (2) ofthis section, development of that lot
shall provide:
(a)
At least 65% of such frontage shallbe allocated for
ground level occupancy by uses listed in. Section (2)
of this district, excluding residential uses.
Ground level businessor professional offices within
the 65% restricted frontage may be permitted only as
conditional uses. The remainder of such frontages
maybe devoted to business cm professional offices
or residential, -uses, ,to builds .ng entrances, loboies,-;.
through mock connections .,o ' other. pedestrian spaces-,
or to escalators or stairs providing pubi.ic_access to- -.
other levels, -or to aecees ,apives to parlsi, faoilitieS,.
If : two_or_more,e_of,7441y property are aepignated ��
(b)
(c)
(d)
as f "pedestrian street," such as a :corn f lot, the
provision§ of this paragraph shalt apply only to that:
side which nay be termed the front.
A minim front and §ide street yard area ,of ` 10 foot
and h maximum of 20 feet in depth shall lie provided.
A building wall may encroach upon the required front
or side street yard area, if a space equal to that
displaced by such encroachment is provided ao a
courtyard, plaza or othersuch ground ievtl public
space, accessible to the general public during
normal business hours. Up to 2/3 'of the public
space ae provided 'by required yard areas, may be
utilized for outdoor dining, flower and handicraft
and art displays ancd, sales as provided for in
Section (3), paragraph (1) of this district.
Notwithstanding other provisions of this ordinance,
on designated pedestrian streets, 100% of the
required open space for residentialuses as specified
by Section 2 (1) of this district may be.
provided at ground level .or as upper level deck,
roof or terrace space, except that in no case shall
more than 20% of the: required open space be provided
at a level above twenty-five (25) feet in height.
All ground level public space, yard areas and
required open space shall be landscaped with a
minimum of one shade tree for every 30 feet of lot
frontage or portion thereof, or every 600 square feet`
of area, whichever requires the greatest number of
trees.
(2) The provisions of this section apply to all lots with the
following street frontages:
(a) Frontage on bothsides of Grand Avenue from Douglas
Road to Plaza Street, and from Margaret Street to
Mary. Street.
Frontage on the northwest side of Main Highway from
Franklin Avenue to Grand Avenue, and on the southeast
side from Fuller Street to Grand Avenue.
Frontage on both sides of McFarlane Road from Main
Highway to Bayshore Drive, coincident with the
C-2A zone.
(d) Frontage on bothsides of Commodore Plaza.
(g)
(I)
Frontage on both'sides of:Fuller Street.
.Frontage on both sides of Virginia Street,from'
Grand Avenue to Oak Street. `
Frontage on both sides of . Florida Street from
Virginia Street to: Mary Street,
Frontage on_both aide! .of yRica Street from Grand
Avenue to Oak:Street,'
(i)
Pra ►ta;a 6n both tides Of laird tisad from Mary Straat
to 2 th Avenue.
6aetion g, pit
(1) Residential Use t
(a) The lc,t area for residential uses or uses which
have more than .i5% of the total floor area devoted
to residential uses, shall be at least sip thousand
(6000) square feet with a minimum average width~ of
sixty (60) feet.
(2) None -Residential Use:
(a) There shall be no required area or width of lot for
non-residential uses, or uses which have at least
25% of the total floor area devoted to non-residentie
Section 6. - YARDS
(1) Interior side or rear yards - No, interior side or rear
yard shall be required, except that, where a lot in a
C-2A district, abuts a lot in an "R district (Residential),
a yard of at least ten (10) feet in width shall be
provided on the side adjacent to, the "R" district. In
addition, the building shall be set back one (1) foot for
every two (2) feet of building height above. twenty-five
(25)'feet on sides adjacent to an "R" district.
(2)
Front and side street yard areas shall be at least
ten (10) feet in depth and shall be maintained in
accordance with the: following requirements:
(a) No required, yard area shall be used for parking.
(b)
The yard area shall be, landscaped with a minimum
of one shade tree for every 30 feet of yard
frontage or portion thereof, or. every 600 square o
yard area, whichever requires the greatest number
of trees.
(c) Within the required yardarea, appropriate street
furniture including benches, waste receptacles,
planters or fountains shall be provided in
sufficient quantities to meet the needs of
pedestrian traffic at that location. The design,
quantity and location of street furniture shall be.
indicated on the site plan when submitted to the
Planning Departmentfor siteand development plan
review as required by section 11.
Section 7. .. HEIGHT
(1)
There shall be an absolute height limit of forty-five
(45) feet, or four (4) stories,.. whichever i.s less,
a
e"
Section A. PIMA► WV)
tmeept as provided in Section 91
(1) The floor area ratio for non..residential uses shall
not exceed 1.0.
(2) The floor area ratio for residential uses shell not
exceed 1.0.
(3) The floor area ratio for all uses in a building shall
not exceed 1,4.
Section h. MOOR AREA PREMIUMS
The floor area ratio may be increased accordance with the following
provisions; but in no case, except as provided in paragraph (3) of
this section, shall the cumulativefloor area ratio exceed 1.75.
(1) The floor:szea ratio may be increased by .01 for each
one (1) percent, up to forty (40) percent, of the site
area devoted to usable pedestrian ground level: plazas
and courtyards, and/or upper levelterraces and decks for
walking, sitting.and similar passive pursuits, which serve as an extension of the pedestrian shopping
environment and complement facing retail and office use
space, are not higher than 25 feet above grade, and are
open andaccessible to the general public.
(2) The floor area ratio may be increased by..02 for each
10% of required on -site parking located in an underground
parking structure.
(3) The floor area ratio for any developmentcontaining a
theatre or theatres for the performing arts may be
increased at the discretionof the Cii-y Commission after
public notice and hearing, but in no i:vent shall exceed
the maximum limits set forth as follows,nor shall the
cumulative floor area ratio for the development
exceed ' 2.00.
) up to 300 seat capacity, a bonus of not more
than 0.15;
(b) Up
to 500 seat capacity, a bonus of not more
than 0.30;,
(c) Greater than 500 seat capacity, a bonus not
more more .than 1.0.
In determining whether to grant a floor area premium and the precise
extent of such increase, the Commission shall take into consideration..
the followings
) Whether the theatre or theatres are of a type and'.
size which the Commission deems appropriate under
the circumstances pertaining at the time of
application in order to achieve a balance of
facilities responsive to the, mode of the district;
MI) Whether '.there are facilities to support a variety
of cultural arts performances and operations such.
as rehearsal ,apace, storage, dressing room or
set construction space; etc.
(c) Whether distribution of the bulk of the total
development permits adequate access of light and
air to surrounding streets . and provides open
spaces, arcades, concourses or transit shop
facilities that would aid in the circulation o
pedestrians or vehicles.
Section 10. - PARKING
(1) On -site parking requirements shall be in accordance
with the requirements of ARTICLE XXXII of this Ordinance,
except for the following provisions.
(a) All required on -site parking for non-residential
permitted uses may. be located off -site:
1. but within 600 feet of the premises it is
intended to serve if located outside the
C-2A district, subjectto conditional use
approval.
2. anywhere within the C-2Adistrict, but
generally within 600 feet, of the premises it
is intended to serve to maintain reasonable".
pedestrian access distances, and subject to.
conditional use. approval.
(b) All of the required on -site parking for residential
uses must be provided on the premises they are.
intended to serve. Notwithstanding the provisions''
of ARTICLE XXIII, Section 4, paragraph (2) (a),
the required ..amount of on -site parking for
residential uses need not exceed one space per
dwellingunit, if the total amount of on -site
parking provided, includitag parking for non-
residential uses, equals or exceeds the normal
amount of on -site parking required for such
residential" uses.
(c) A minimum of one bicycle parking space for each
vehicular' space required by ARTICLE XXIII of this
Ordinance (up to 10 spaces) shall be provided
on -site with secure storage apparatus to which
a bicycle may be locked.
(d) For developments including a performing arts
facility as described in Section 9, paragraph (3)
of this district, paring provided on -site for
uses other than the performing arts facility, may
be counted towsrd.meeting 'the on -site parking;,
requirements of the per€orming. arts facility as
specified in ARTICIA ?XCIII, Section 4 of this
Ordinance,
'0 s
2
3.
4
6
7
Section lit n gI 'E A bEVELOPM2MT PLAN APPROVAL
Any deVeielpitieht pefinitted by this distfict shall be
fequifed to have the site and dovelopi;eht piah approved
by the planning bepaftteht before a building pefmit is
issued by the building bepartment according to
AATtat IV, Section 42 $ the purpose of deve loptinent plan
reVieW is to assure that deVe1bPflent is in accord With
the intent of the district.
Sectioh 2._ All ordinances, code sections, or
(1)
8 parts thereof in conflict hereWit , insofar as theyare in.
g.
10
11 or word of this ordinance is for any reason held or declared
12 to be unconstitutional, inoperative, or Void, such holding or
13 invalidity shall not affect theremaining portions of this
14 ordinance, and it shall be construedto have been the intent
15 of the Commission of the City of Miami to pass this ordinance
16 without such unconstitutional, invalid, or inoperative part
17 therein, and the remainder of this ordinance, after the
18
19
20
21
22
conflict, are hereby repealed.
Section 3. If any section, sentence, clause, phrase,
exclusion, of such part or parts shall be deemed and held to be
valid as if such parts had not been included therein.
PASSED ON FIRST READING BY TITLE ONLY this 12
day of MARCII 1975.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY.
23 TITLE ONLY this 10 day of
24
26
28
29
30
31
32
33
34
35
36
ATTEST:
H. D. SfUTHFRN
CITY CLERK
PREPARED AND APPROVED BY:
MICHEL E. ANDERSON.
Assistant City Attorney
AUPROVEDAS TO FOM AND CORRECTNESS;
APRIL 1975.
MAURI CE A, FERRE
.1,
MIAMI t VIEW
ANb bAILY RE- 5kb
Putlis ic(l »ally except Sctt)Prlay, 'Suede* aria
Legal ltolidnyi
rllinmi, bade County, Plo►ulr)
STAY:: OF'FLOR$DA
COUNTY Ofx, bAtit:
before the .tlnder.ignet Outhbritif personalty ap
bcared Martha Drobnte, who on oath soya that she
la the V.F'., Legal Ada of tha Miami Review and
Daily Record, a daily (except. Saturday, Sunday and
Legal Holidays) newspaper published, at Miami In
Dade County. Florida: that tine attached copy of ldvet•
tisoment, being a Legal Advertisement or I Cite In
the rr:attet of
City of ?tiaini t
Ile: ORDIWi\NCF.
8382-8383.8384
$, $7t=83$8-8389
Florida
NOS. 8 381 -
-8385-8386-
-,S389bt etc...
in the .
was published In said newspaper In
lace i l 171 1975
Court,
the Issues of
Affiant further says that the said Miami Review
and Daily Record is a newspaper said
at Miami.
in said Dade County. Florida. and that the said news-
paper has heretofore been continuously published In
said Dade County, Florida. each day (except Saturday.
Sunday and Loga$ Holidays) and has ben entered as
second class mail matter at the post office In Miami,
In said Dada County. Florida. for a period of one year
nett preceding the first publication of the attached
copy of advertisement: and aTfiant further says that
she has neither paid nor promised any person, firm
or corporation any discount. rebate. commission or
refund for the purpose of securing this advertisement
for publication In the said newspaper.
�..,u..4 • ..ts:'� .p`{ll« 17�1 h r'Ls.t
/Swor o 93 me this
17th day ;fG ..7',pril �. s 75
.;i,
rr ``i Cc \ 'c'%j4tuth11Gitze
tS to net! 'State f Fib'ri,
- : \ /�...-.. /fit. i
(SEAL) �, Ff () r ��
My commission expt a i�_--T7
at Largo.
i.i.1,3 t.: 1.116f;
•
tr:ter.:tert :till I:11're rtrithhd.
tt''tt r,!i' t t' lRtk clay of ADHt.
t •':. lit, City ClOr^:+i?Stith of
`-i'ri•^I, Fl,ar`.!h' nit,:ited the; TA1-
n t:`.L,d rirdinnrt'st
AN (17r!NANCE i XT D•
r:'''Tit:: . \1TAMr,")ATIF'
f'r),'`;TV t'r'1•.;•r NM7:..`:'r
Di`' RIcT rot: .. PERIOD
(% . S:X :.TO\ T 1 S: P..F:-
141' . ',LI. (IRL1t-
(4t ..! \ .,_ ; •t IT! I:ED INr
r•.•r• _ i.tt`T, • INFO FAIT A:;
T i r :. IN("'fiN = I..:(+T
.1"..... ,7r",I`,:.S:r: t •o. ,=Fri.
\ -1 ITN!' S'-. (1.:' 1 S If) N:
. I.4..' :r`INr HIT., nR.n.,!-
IA ., l'o 11. AN F;Ml:'t!.
. 'I. :ti-:.i' 1St-PIl
1.. .f1e• . TT1f' •rut•
,. :: )1•,t,\t• \1 (.r' pr•:)17.
+'.• .1---t._`.1:1\r' n'; •r'Wf
\' (' `•:,)" I,F.SS Ttf \N.
}.i•-+.:It:-rs r,ir THE rO''.f- -,
:•tt; -,1.: .12(ttrlflTN,. FOR.
A°: :FF77.CT!VE ';).\Te:.,
' ORDI`: S Ct:: NO. S.392 J'!
'.•: '(1nnix �Nt \NtF-N:b- 1,
ING (.".RD::ANC= NO r4S71. i
T II F(:.*:Arol;EITENSIVE
7ON!Ne (i 1)!NANct FOR
TliF. . Cf Y o'. Nit:\NtT TO
1Nct.I.,7F A N:i•:\V ZONING
n:sTTIrc i•, \R'rIrI,F .n1V-1.
S P F. (: I A I. COMNIt;NUTY ' '
CY,11\1ErtCfAI. - C-2A D!S-
" TRICT. PROVIDINr, ! JR
TNTFNT. 1:St•; RF'GL'LA-
- T1ONS. LINTI 'A'rTONS ON
. t' S F. S. PEDESTRI \N
STREET.- AREA. 1'.\R1JS.
1T:"It1if1'. FLOOR AREA' i
it\'rIO, P'i.00R ARF.A. rl2F-
AlICI.IS' PAP.I.'IN!:. ,AND
5FTF' \ND DF14tT.OPMENT
t'L1N . APP11,At,\I . .\S
' 1I .:P.EINAE'TF1: SET
Fol.).1'1: P7.1" EALTX(;' .\LL-
(In T,rX... (-: (-ell r:: ct•r-
T•tr,Nc r'iii P.\Pr'S THc-tic,
(.� . IN' CO''" !.?CT. i :St) -
VAR' .1S"THEY ARE ' iNi
(.r',\: Ft -,.••1•: - ' 1N:ll- CON-
( 11."?N:r: \ S17: T.•'I:AHILITY
1'Yr.)17 TON-
Citl)iN.\\CE NO. Sifi3 '
/1 t)n.,DI1',ANc ANIFND-
iNrr rinDIN,\NCI': NO. 61471.
T tr :. ro\111P i1FNSI\'F.'
T-(NINr OR1)1X.\NCE' OF
' •1•Ii1•• CITY OF 111 ANI1. gY
ADDING .\ N1:11' SECTION
r. .Tel - ARTICLE XXIV.
:C T C N .., t'FItE:AT.INC,
-Aid, r)PPIN:\N't'SS. CODE
SFCTiON:S OR PARTS
TIIERFOF, IN CONFLICT
iNSOFAR AS THEY ARE
iN rfNFLICT: AND CON-
T.AININ(: .\" • SEVER ATirL-
ITY I'F:OVIS1ON. - /
ORDINANCE NO. S3S9
AN ORDINANCE ANTE1'D-
TN(T ()WDiNANC:E NO, 6F71.
T 1f E: C(lMPRF,RENSTVE
• ZONINC; Oi:DINIANCE, FOR
TIE,: (ITV OF ,\ML\MII BY
CI1,\NtJIN(i THE ZONING
CI..i'SIFIC.\'TON ' FROM
I:.'2 +T :O.Y.Mfi.Y),- C-2
ti':1'.I':iI'NI T Y •C(..111.`.1F Ell.-
t::.a.t, ANn c.4 ttIE:N-'
1. t' U. CO.11IERCIAL) .. TO
('':.\ 'SPECIAL (... . U-1
'CIE
Cf,?IMFR(II•,L1 FOit
'r- AREAS r'c' 'r;Tl t'1:\-
'1•i: \L GROVE I;ISTRICT
S :1•i^CVN CAN THE N1!.1' '
ATTACHED 11F:It ETO .\5
,AND M.\DF:.
\ PART IIr'RE(r HY :MAK- '
t:?• Tire. '•t-Crfi3\RY
C1t:AN(1FS IN THE ZONING
F'iisr1ITi':1' NIA: Nr.\rli: A
• PART (:r, :4.fir nrtl)I-
.'`.!\'r. NO. t.'t 1.Y PEP-
FI:ENCE .AND »!SCRIP.
TIt i`r iN ARTICLE IiT.
t 1....1ION 2'T1IFr(FIOF: ltr.-
rt.;AI.I:-:.; :1I.I. fjill)1.
N.\a.'E .1 CODE SECTIONS.
1N'S(O5'.\!t .\S
'I"I1•Y Alt i' ('t N'^I iCT:
AN:) -C(.J\T.\INTNr: ,\ S!:\•-
' 1:11 e!II.T.ITY
ANTI 1'i'.n'.'IDIN» FOP., AN
EFT.' ECTIVF,, DATE.
'7Arx t ; rt 'r z-
TIt,:_• Art„1>ir, tt'i
,TTt1Nr sp-r-',r',:.t .•.
7.1TI.Er; ..1-,"t•T'. n•!r+tiy'•
-ti i r F,
=�12:F: ' A^s:r) 4't'rt-5- '1
1 �1' w t.1r•y;t. 1
F \t'11:: T"'S: '?= AT.'Nr ,
;r.t.. C:?i):`.\::rwS~ r•om.:
-r ^,Try':s. r)"'. :t\ItT. 1
',ND i•O..0.1; 4.: e •% ^.t:\'•
ttLit'?
;1ttF' tl-
IN': (),tt^,:N .Nr-' 7,0 ¢C:t
r 1; r fill:;/?. "rr'-:`:SIV
f1�:TNr: (11;;I \`('t OF
r•t ; : fh ' ':rt-\1if. I
,!,1; "ti1iiNe; ,AR-1"(,'t.E t'v
1'? Ai''D1N•' A N'- A' C-
'SI i' :rt.t:tt-
sI LN sPoi' tar F ACI1-t-
i;F:S-. PP(1VfIEINcl- .:()P
FtCri3`r'rc.. st:•-+ii:\i,t�r;'j
=C't-t()Nc OR PAP.TS
Tir=C1F I'•' +'rlNFt-itT: i -
ANn COtiT:\IN "Nr \ SF.V-
ERA EtI1.ITY FROv SFON..-
•
CP.DIN.\XCE NO.
\N r7rtl'1TN. N(.1-.: .‘MnND-
TNt: ()11DTNt\Ct' NO. FS71.
T 11 P. Co3IFFFIIL•NSl 1
ZONt\r;'ohntN'N(,:F: FOR.+
T111-: rr•T'Y ()r Ni1 \NIT. HY I
INCLIDI :r, t(Fr1PI••VTLU..
St: P-C9 t 'CI.: AI4CS!: t:.\- i
Crl.rrif:S AS A! C(1 ut-
TIONAL USE ,IN ARTi('I.1•: I
VT
DWELLING .. DIS'I12TC'I'/:
RFPt:?i.INc ALL- fRbt.
N:\NCtS, CODE Srr.P1ONS...
O?I PARTS TPr'tl.()?' IN
CONFLICT. - INSOFAR \S
THEY PRF: 'F•N rONFLi(:T:
ANti CO'Nr'rAiN/Nr, A Si:V-
ER.\iiiLITY P1tOV1S1ON.
ORDINANCE SO. S?RS
AN OtIr1N.Nr-t; '.\M-ND-
TNr, n?UIN.t\rx' NI) as i.
!! 1: comTnP I;1•Nswr:
`/-ON1Nr: ORDIN'a `t'?: FOP..'.
Tt>= CITY Cr NI! till: 3Y
INr-T.1DTYG `'rON-RpST- .
AL ;•.. i
Ar FSE' F\C11.IT1t`S AS A .
CONDITIONAL r'Ct` I' tP,-
TICI.F: i'III (NI 1•.I) T It Ni :
DEN ITS N!L"L'i'II>1.?:-•-K•1: ,
DISTRIrT1' RFPEA1 INC;
ALL Onl)1NANr'T:3, r( 1M
SECTIONS. OR PARTS
Tii-RFOF 1N CONFLICT.;'
INSOFAR. As TI.1FY NRpr'
IN CrlNI:LICT: ANT) CON••
T.\ININr A SEVERA31L.
ITY PRtOVISION.
ORDINANCE NO: S^39'
AN ORDINANCE: • AN END-
ING O';DTN ANC! NO. RR71.
T H E CompREHENSiVF
ZONING ORnINANCV: FOP ..
THE. riTY OF :JI.\titl IIY
;Nr Li'DIN(I NON•P.T•FT•".
DFNTIAI, Sli1S1'ANCF.'-
AT;(: Sr:. FACI'a.TTILS -\S A .
PFn 11'rr1tD CSF,' IN. AR-
TiCLE .NII' (LOC,AI. COM-,
31ERCIAL-C•1 DISTRICT):
RFPF..\LTNr; '.\i,L ORDI-
NANCES. COTE SF.C'I'1ONS.
OR PARTS THEREOF IN
CONFLICT,. INSOFAR AS
T111•Y %1' IN CONFLICT:
AND rrlN'rArN.iNr: A >! Vr
F.It:1BRAT? PROVISION.
OEPINANCE NO.. 39Q
AN r..tPItGFNr'V:''nRH)i- .
N'-tvrt rci',\�t,cnlNr 1N
ADVISORY Cr'•IMTTTRF:
ON Si'.f:STANrF ATH:S :; •
PROVIDING FfP C(lM-
F(I:ITICIN, 'nER),I Ob' OF-
FICE. F'r:RPOSF.;' AND'
REFPONSTBri,ITY,
Derr OF. I.1= F TTNr,S. - fIF-
P('P,T ANT.) Prr'n!•1\Ii:NII.A-
TIONS: .N.FI'F..1I,1'.71 .1T,T+' 1
TIONS OR PAPTS THERE-
OF IN; ('r,NTLl^T INSOFtp
.AS TI1EY ARE; I:: cox-
SE'. EIt. 1,ITX I'ROVI. :
S;ONI,
Ii f Snt:TTI R 4 - )
CITY t;1r ;.hall[ 4
I34,1h41,-aticn or this nntleo ,on 1
rr.� I^"th tlay,t4 j\p•tit 19971.
6l-7 :\i ;(ln'9 1
•
•y ,.r,,(... nln r•W4,4'tn, r� rr„ WYr(iYtIf1WlMll'Y1YYY 7KY�(liiY✓tl4MWM4YI14iM l , :„.,
4.
Y f. 1 1 • 1 .' ' °. M 1'
13laaa•ai••Y• %'ia.•aY•Yiaai
1 L.i a • • i�� Y•Y i Y • i�
%Y V r . i7
w-.►.° ,i,.•'' .1[ :t
:: ••q•t1♦ sw• [t::0:-:*!
fvf•1f 1"
CS
••► • i ► • a Y • ••M ►
e:'
11.
1 • • • t"" • 1- ►•`
1:;"46*^'::1:::1: 1;!1:-:::::4: A.1iYi!l!!$
11
r ..- -.' - » MIL--. Mil 1' .. ••• •. 'i t't• ti,t• ••Y•i1••�• E •1•�•.•
_(Y.1:::1:11-:7:irilii;P:U:7:}
iHANl) AVJ..NIJE t'"+
��1/.•�.:!` 7`•ir��i:•Ta-•Tv-i• •..�v�r-•—��r'{'y..—i'.`•` f.1• yir%•i•••1►:•••:►I:'."-; l••• �{`1••; a/• \'►• �r.t •1` .•••"r •'l •••••i♦•
—Lin •el, tin'ir•A* •11e �ot.16 fi.• •i. • •i• ••' ••'. ,�• /_•,. ► r '•;•. •••�••.•,!••/:;;5•••�I
-. THOMAS AV.E '•,,r1 . /• ♦ i.•• .•• `. 3• •••••• • ,
S' H1UJ1
:::•::.:.,.
j ..I..
I 1 i I %:•:•:�.
i CH AR LES AVE:1 -•�;
'-.
l 1 j,•J
.11
i
NEW C- 2A DIS TRICT AND
SIGN REGULATIONS TO BE
APPLIED TO THE ABOVE AREA
///
NORTH \ \t�, /
•
41WI+iyYlM9K••4•w
.,.•J •_ .y Y
BXb.bit HA"
Page 3o€3=
• . M.Y. ., •. ' 144. 1
: ; Trl' L titjj c
17: [ 1.0100k0
L ti _ij
, 1
l'iliEa
p• 1. a•
,T-
1 6 : ' :.••'•::
li 1 .... 1, ••
t t �.L..�.�--. .. ♦ • • • ..•.L•••••.•
, ....%-:-.77 t•i,i,:::t*t::::1,:•,1*:ed :,:*:::4;:ii:.*.,:t:':'
,
I;y.
THOMAS AV E :.:' :
—I F—i I -il I tii
r..:‘
WILLIAM AVE.11,/•:•:
(1 '
1
i::::: 1 t [ 1 ;!:.:.
1 1 1 i '.i::::.'
CIUIRLES AVE_,.—
;.
, i y� •ti.
Lf.l 1.1
_# 1
jjj_�
•
1. t� aoit'wr' Wi•.'Rrr• 1'• .•.-'
a 1 (I 1 1 1 1 I :4:. •
GRAND
00.000000.
R ,.
• NEW C— ZA DIS TRICT AND
SIGN REGULATIONS TO BE
APPLIED TO THE ABOVE AREA
;.• ..»
W.u1r✓r;i 414 ..... ,
YiYY a••+:•••••: ,! •,'•••••::::::•11
Ayr.. bi
R -ti t •`s-t r-fv,:t ■-r.,''jjr
" 1::;:i.:1::1'.1 i:::1;:::t: 31
;1412:::io rili3ii'liii: 9
rjliiilliq Firill-iiiii.
:P:•:• :J• •`:':r1�1 :•
AVl:NUE TJ
I •
NORTH \
Exhibit "A"
page 3of 3
7
eitu of
Honorable City Commission
Attention: Mr. P. W. Andrews
City of Miami, Florida
Gentlemen:
htribx
February 19, 1975
Re: ORDINANCE AMENDMENT - RECOMMENDED
Ordinance No. 6871, ARTICLE XIV-1,
SPECIAL COMMUNITY COMMERCIAL
C-2A District
Initiated by Planning Department
The Miami Planning Advisory Board, at its meeting of February 5, 1975,
Item #5, following an advertised Hearing, adopted Resolution No.
PAB 10-75 by a 7 to 0 vote Recommending an amendment to Ordinance No.
6871, the City of Miami Comprehensive Zoning Ordinance, by adding a
new ARTICLE XIV-1, SPECIAL COMMUNITY COMMERCIAL, C-2A District, as
shown on Pages 74 thru 83 of the Planning Advisory Board minutes of
February 5, 1975.
An ORDINANCE to provide for this Ordinance Amendment has been prepared
by the City Attorney's office and submitted for consideration of the
City Commission.
cm
Attached: Minutes
cc: Law Department
Tentative City Commission date:
incer
j
J ' i /•
hn✓LO:K
David Simpson, Jr.(/ Director
Department of Administration
Planning and Zoning Boards
March 13, 1975.
j"Je
�f 5; 3F 3
�i A38
ire / _'•I 4401
Go
l ,ram'•" ; .*, r. 4' ".� ." J_ , .(�•f+jYL'? ii�.♦i
Vigor.(
,,s�i' i�Ji lfy ,,s4.4 i HushV ` ✓
Chamber or Commerce
3437 MAIN HIGHWAY
cocoNwr GROVFi FLORIDA 33133 telephone:444.7270
:;arch 13, 1975
City ;:anagert s Office
Commission Agenda Dept.
P.O. Box 330703
M.ami, Florida 33133
Gentlemen;
Please let it be known that the Coconut Grove Chamber of
Commerce would like to be on t,ie A3enda in the afternoon
of ::arch 25th, 1975, to further discuss t:,e proposed changes
in the C2A Zoning Ordinance, in its second hearir .
Due to the fact that we were misin2ord as to the date of
the first hearing which took place on '.Tuesday, ►•iarch lith,
and we Could 1.Ot adequately be there as a result of getting
the improper information as to the schedule, we would1ik
t0 request that sufficient ti7,1e 5e `riven us to ?resent our
arunlents for 2 items for chanL;o on z e a5ove ordinance.
This natter is of groat importance to the entire Ch.'.:.:x,ber of
001;morce, and we would appreciate every consideration.
?lease notify us immediately so that we have the necessary
time to notify our members.
Very truly yours,
DD/ar
CC: Yayor ► iaurice Ferre
Comm. Plummer
Comm. ::ebozo
Comm. Gordon
Comm. Gibson
C,omm. Eteboso
. ack Luft, Planning Dept.
George Acton, Planning Dept.
•
) 4,
7
/--'r (: /"jA / l • �� r� 4.: ,
riiC ic1G +Danzijer ✓ yr 'fit
5, lteeoftsideration of & proposal by the City of Matti
Planning Departtitent to almond ordinance 6871, the
City of Miami Comprehensive Boning Ordinande, by
adding a new ARTICLE XIV-1, C4A, SPECIAL COMMUNITY
COMMERCIAL District.
Secretary filed proof of publication of Legal Notice of Hearing,
and administered oath to all persons testifying at this Hearing.
Mt. McManus: Mme. Chairman, we will take up each of these
Items separately. First Item 5, then Item 6 and then Item 7 and
have separate votea if that is agreeable with the Board. The reason
for,the reconsideration of C-2A, SPECIAL COMMUNITY COMMERCIAL District
is that this Board on June 5th, 1974 made a recommendation through
Planning Advisory Board Resolution No. 21-74 to the City Commission
that the C-2A SPECIAL COMMUNITY COMMERCIAL District and the subsequent
Items be approved by the City Commission.
Subsequent to that, the Planning Department conducted
numerous discussions with the interested Civic groups in Coconut
Grove. There were revisions suggested to the Item 5 as it was
presented to the City Commission on January 9th of this year. Upon
the recommendation of the Law Department, the City Commission referred
this back to the Planning Advisory Board on the basis that the
revisions proposed by the Planning Department were sufficient to alter
the Intent of the recommendation made by the Planning Advisory Board.
Now Mr. Anderson and Mr. Luft will be prepared t1 answer
questions on that otherwise Mr. Luft will proceed into Item 5 high-
lighting these differences because I believe most of the Board are
aware of the main provisions of C-2A.
Mrs. Fernandez: Mme. Chairman, could it be possible for
us to have the Planning Department draft of June, 1974 because we
made our recommendations taking into consideration the Planning
Department's recommendation of June? Could we have a copy of that?
Mr. Luft: I don't have copies of that. You should have a
copy of it.
Mrs. Fernandez: In June of last year - I couldn't find it
in my file.
Mr. McManus: Mr. Luft, in his discussion, will highlight
those differences. We can of course, supply you with the June
recommendation.
Mr. Lufts The principle change within this Ordinance
deals with Floor Area Ratio section. In the June 5th district the
stipulation was simply the floor area ratio shall be 1.0 and that was
the sum total of the section.
about now,
' area ratio
1.0.
Mr. McManus: Section 8, page 8.
Mr. Luft: In the revised ordinance that we're talking
on page 8. I repeat, in the June 5th ordinance, the floor
provision simply stated that the floor area ratio shall be
We have since modified that provision to accommodate for
bonus incentives that move closer to the original objective of the
district which was to foster pedestrian oriented spaces, plazas and
uses that would reinforce the scale and character of the district,
-47- February 5, /.975 Item 5
BAD
However, it was felt in the Sune 5th ordinance that though
the intent was there, the mechanist to achieve that was not. Therefore
the floor area ratio provisions were modified as you see them in
Section 8. What these provisions mean is that the floor area ratio
for non-residential uses !thal1 not exceed 1.0 and you'll note: that
this is . . . by the statement 'except as provided in Section 9'.
Secondly, the floor area ratio for residential uses shall hot exceed
1.0. Thirdly the floor area ratio for all uses in the building shall
not exceed 1.4.
What this means is that in any particular structure,
excepting as provided in Section 9, which we will get to, you may
devote an area equivalent to the lot area to either residential or
non-residential use. But that's all you can do to it. So if you have
a 10,000 square foot lot, you cannot put more than 10,000 square feet
of residential; or you cannot put more than 10,000 square feet o'!.
commercial in that building. It would be the limit.
However, if you wanted to put 10,000 square feet of
residential and 4,000 square feet of commercial, that would be permitted.
In other words, if you have a mixed -use combination commercial -
residential, you are in effect receiving a bonus. If you're building
a building which has one use in it, one use only, then you are limited
to an F.A.R. of 1.0; but with two uses you can go up to 1.4; but one
or other, of those uses, either one of those uses, cannot exceed 1.0.
This, in effect, accomplishes an incentive toward the
mixed -use that we spoke of in our Intent. Now secondly, in the floor
area premiums we say that in preface to this, that the floor area
ratio may be increased above what you see in Section 8 for the
following provisions but in no case may the cumulative total of floor
area ratio exceed 1.75, and the provisions whereby this F.A.R. may be
increased are as in Number (1), it may be increased by 1%. The floor
area ratio may be increased by 1% for each 1% up to 40% of the site
area devoted to usable pedestrian ground level plazas, courtyards or
upper level terraces, decks for walking, sitting, passive pursuits.
So we're actually saying here that whereas in the intent
of the ordinance which was to encourage open pedestrian spaces, if
you provide them will increase your floor area ratio on a one to one
basis for every square foot of plaza area you provide will give you an
additional square foot of buildable area. However, we do put a limit
of up to 40%. It's unlikely that somebody would be able to put more
than 40% of their site into plaza or pedestrian space. So, that's a
sort of theoretical limit that we don't expect would be exceeded in
any case.
Secondly, the floor area ratio may be increased by 2% for
each 10% of required on -site parking located in underground parking
structure. Again we're trying to get as much ground level space
devoted to plazas and terraces for the use of pedestrians rather than
automobiles and if someone is willing to go to the additional expense
of an underground garage, we will give them a bonus for that.
Thirdly, the floor area ratio for any development containing
a theatre, or theatres for the performing arts may be increased at the
discretion of the City Commission after public notice and Hearing but
in no event shall exceed the maximum limit set forth as follows
and then we proceed to define some limitations for a bonus for a
performing arts theatre.
The object here, again, is to accommodate facilities that
-48=- February 5, 1975 Item 5
FAB
are hot normally considered revenue return type con€truction; oconoinie
type development in exchange for additional floor area which could be
converted into more economical -,,retail of office space. The City,
aside frost the dutman theatre or Coconut drove playhouse really has
not adequate facilities for performing arta. If you talk to the
birector of the players Theatre he will assure you that there is
nothing available at the moment for something of a repertory type
facility. We don't know that this is necessarily going to create that,
but this will go a long way toward encouraging over what we have now
which is absolutely nothing. It was felt that because of the pedestrian
orientation of the area, the cultural amenities that presently exist,
the encouragement of theatres in thin particular area would be a wise
tht.ng and this particular district we hope would be applicable to
other areas of the City where we may see fit to encourage the same
sorts of thing.
Those are the basic provisions that we've added to the
floor area ratio that modified the flat statement of 1.0 that you had
in your June 5th Ordinance.
Under parking provisions, the Board did direct us to modify
that to include a provision that would allow parking off -site within
600 feet of a premises if located outside a C-2A district subject to
"conditional use" approval or, anywhere within the district itself -
but generally - and we just added a guideline there. This was at the
direction of the Board on June 5th.
We further added in there the provision we felt in an
attempt to give a break to the developer because of the unique mixed -
use possibilities available whereby, if he built a commercial develop-
ment which he has to do on the ground floor, and he provides parking
for that development - suppose he has a number of shoppes and he
provides 10 parking spaces for it - if he builds residential units
above those 10 parking spaces for the shopper . . . towards
meeting the parking requirements for the residential units above so
that he doesn't have to duplicate parking facilities and there will be
an overlap there. The assumption here is that the use of parking
by residential uses largely will not coincide with the use of parking
for daytime hour office and retail use. That was added in there.
Then the provision for the performing arts facility whereby
parking provided on -site for companion development of a retail nature
may be counted toward meeting the requirements for the performing arts
facility.
Those are the two major changes in there. We did have a
couple of minor changes. We increased the amount of area within
plazas and terraces that could be used for outdoor dining and objects
of art. This is on page 6, section B, up to two-thirds of the public
spaces provided by required yard areas may be utilized for outdoor
dining. If I recall correctly, I think it was 50% or 60% on the last
one.
Mr. McManus: Section 4, 1 (b) - the last sentence.
Mr. Luft: We've also modified the requirements for open
space in section C. 100% of the required open space for residential
uses may be provided at ground level or an upper level roof terraces
and decks. The thought here, again, was in the retail area it was
really not appropriate to require developers to provide ground level
open space for the residential units in a kind of urban living condition.
It was felt that it was perfectly adequate to provide terraces or
-49- February 5, 1975 Item 5
PAB
balconies at the second level to accommodate this open space. Again,
we feel this would aasiet the developer and the reality of developing
within this district.
Mrs. koekafellar: Do any members of the Board htve
questions they'd like to ask Mr. tuft before we go into the'public
HearingAll right sir, state your name and address.
Mr. Treister: Mme. chairman and members of the Board my
name is Kenneth Treister and I live in Coconut Grove. My office is
in office-•inthe-Grove. I'm an architects I am also head of the
committee of the Coconut Grove Chamber of Commerce that deals with
the zoning and the regulations of a city for the Board of the Chamber
of Commerce.
So really, here speaking for the Board of the Chamber of
Commerce, and also probably in some respects for myself. First of all,
I personally want to congratulate the Planning Department and your
Board and the citizens that have helped put this Ordinance together
because in all respects but one very minor, maybe not minor, but one
small aspect it's a really excellent Ordinance. I think the Planning
Department and the particular individuals who planned this, should be
congratulated because I think in the United States there's very few
comprehensive commercial areas that are planned so well to encourage
good development. Most architects are frustrated by planners and
plans and bureaucrats and ordinances that frustrate good design and
throughout this ordinance, I think every part of it is made to
encourage good design. The bonuses and consideratipns given here are
really very good and the Intent is very enlightenin; because what they
want to create is a lively shopping area where every street has shoppes
where there's people that can window shop in the evening and browse
during the day and cause a lot of commerce.
I would say that the Chamber of Commerce was interested in
the Master Plan for the Grove, but they're particularly interested in
the C-2A Ordinance because not only is their livelihood here but their
whole lives are involved in the success of the Grove. So the Chamber
of Commerce really is very encouraged by this Ordinance because it
should encourage good development and discourage bad development.
Now, there are two itens, and I really should go through
the hundreds of good items in this, but I think those stand on their
own without taking your time. There's two relatively minor things
when you consider the total Ordinance that the Chamber would like to
have you consider for modifications. By the way, I'd like to say that
the Planning Department has met with us many, many times and really,
Jack Luft particularly, has cooperated and modified this over the
summer and winter to accommodate our thinking as well as his. So this
is not anything that's been done quickly. He's been very accommodating.
One item is on page 6, Section 4, 1(a) there's a statement
"Ground level business or professional offices within the 65%
restricted frontage may be permitted only as conditional uses".
Now let me explain that briefly, if I could take Jack's side too,
because I understand it very well. In good commercial active areas
ground floor should be retail. It should be something that is lively.
Something that you can walk in - when you go from one ahoppe - you go
to the next shoppe - then you see something out of the corner of your
eye - and it's a lively place, and professional offices are not lively.
They don't encourage you to go in quickly so in an ideal situation
you would have only commercial on the first floor and you would have
professional and offices on the second or third floor - some combination.
-50- February 5, 1975 Item 5
PAO
Mow that would be ideal and that was the intent of this ordinance
originally and the Planning Department has modified it to allow
professional use on the ground floor but with "conditional use".
Now the Chamber, and I'm speaking now for them, feels that
this is not correct because a professional in Coconut drove who is on
the first floor and who wants to be on the first floor should not be
asked to come in as a "conditional use" because coconut (drove is hot
that intensely developed that there are many, many opportunities for
professionals to be on the second floor. Most of the buildings are
one-story. Most of the building; are not 1CO% occupied by commercial
use and therefore there are a lot of architects and real estate people
and insurance people that like the Grove, they practice in the Grove.
It gives it a very interesting character, and they would like to remain
on the ground level and they feel, and I agree and the Chamber agrees,
that it just may be too restrictive to ask a professional architect
for instance who wants to go into Florida Street or Commodore Plaza
or whatever, to have to come before a Board and ask for permission
to go into Coconut Grove.
Maybe sometime in the future when Coconut Grove is 100%
shoppes and there's many, many second floor offices available, and if
it develops the way Jack wants it to some day, which I would like it
to, I think at that time this type of restriction would make sense.
But I think right now the professionals are a very important part of
the Grove and they should not be asked to come in and ask permission
to be on the ground floor.
Now obviously the ones that are in would be "grandfatheredd
in, but if somebody wants to make a major alteration to their building,
or some professional wants to move across the street or if a new
professional wants to come into the Grove, under this new Ordinance he
would have to get a "conditional use" and we just feel that, that one
item might be a little restrictive on the professionals coming into
the area; and I don't want to harp on it because it's a great Ordinance
and this whole idea of shopping streets is excellent and the idea of
continuous shopping is important. The idea of, for instance, having
areas that must have shoppes in front of them is good and there's just
hundreds of things in this Ordinance that are excellent but that's one
small thing that we'd like you to amend the Ordinance tonight and
when you pass it on to the City Commission.
Now the second item is a little more complicated and that
goes into floor area ratio which Mr. Luft has talked about and that's
on page 8, Section 8 and I have very mixed emotions on this particular
point and I'll try to explain it.
Number 1 floor area ratio has nothing to do with the height
of a building. The heights of the buildings have been restricted in
the C-2A Ordinance to four stories which is in keeping with the scale
of the Village. The floor area ratio refers to the bulk of the
building that a developer can put on the land, and generally, in
residential areas and in other areas you want to restrict that but on
a commercial area you want to encourage that because in Coconut
Grove now, we have some new development. For instance there's a
beautiful shoppe on Commodore Plaza, a two story building that was
recently built which is the kind of good development that the planners
that I know you, and everybody, would like to see. There's a lot of
bad buildings in the Grove that really should hopefully be torn down
and new development come in. To encourage good developers to come into
the Grove, we have to give the architects and developers as much
Leeway as possible. Also we have to create as much commerce as possible
-51- February 5, 1975 Item 5
PAD
because there's nothing that encourages crime, and there's nothing
that degraders a neighborhood of this kind more than vacant spaces`
empty buildings, empty lots and there's nothing that encourages people
to shop in the Grove more than more shoppes, and more shoppers, and
more life, and more restaurants, and more sidewalk cafes, and more
commerce. The more people, the safer it ie. The more successful
people are the more they can renovate their stores. The whole concept
of this Master Plan and this particular ordinance is to encourage
development, not to discourage development because if you wanted to
discourage development, you wouldn't pass this at all.
So, you want to encourage new shops and the way to encourage
them economically, is to give them as much. opportunity to put in
shoppes because if a man pays a lot for land, he wants to get return.
If he wants to have good architecture he has to lave return. If he
wants to embellish his building with courtyards and amenities he must
get economic return. The way to get economic return is to build more
shoppes, more restaurants, more amenities. So therefore, floor area
ratio, I think as a planner, should be allowed to stay at the present
2.
On the other side of the coin, if I can defend Jack's
position and I think it's good, he wants to give bonuses to encourage
good development and every one of the bonuses here t`re excellent. I
mean they're really important to encourage good developers because we
want to keep away from the box - the man who puts the minimum building
in - and we want to keep developers in who are like the one on Commodore
Plaza who put a sidewalk cafe, who put an open patio, who put courtyards,
et cetera. So this Ordinance encourages that by giving bonuses for
underground parking which would be great because you'd eliminate the
cars from the street- it's expensive; you'd encourage plazas, you'd
encourage all these things. The dilemma I have and the Board of the
Chamber of Commerce has is that we'd like to give the bonuses some
other way other than floor area ratio. There must be some other way
to encourage all this good development without hurting the floor area
ratio because let's assume someone has a small lot. If someone has
a small lot he can't have underground parking. If he has a small lot
100 feet on Commodore Plaza, he can't have a lot of courtyards. If
he has a small lot he may not be able to get the bonuses but at the
same time he should be encouraged to build the entire lot. But if we
restrict him to a floor area ratio of 1. and he goes, say, two or
three stories - maybe he has offices on the third floor, and a
restaurant on the fourth - by having a small floor area ratio he will
have to keep his building very narrow and end up, maybe, with blank
spaces, empty negative spaces on the street.
So, I really can't give you the answer except that the
bonuses are good. We should encourage that kind of development but
we shouldn't do it at the price of restricting the floor area ratio
which is now 2. to 1. The only thing we could come up with now is that
we would prefer to leave the floor area ratio at 2. than restrict it
to 1. At the same time we'd like to encourage all this good development
with giving bonuses in some other way and there may be other compromises
but I think it's very crucial to encourage new development to increase
the floor area ratio above 1.
I might say also, that I'm not sure that in general people
will have residential areas above their shoppes. It's a good thing in
highly dense areas like - well I won't name cities - but even in
Miami it would be good to have a shoppe owner above his shoppe. But
in Coconut Grove where there's so many residences within two or three
blocks, I doubt if people would want to live above their shoppes when
-52- February 5, 1975 Item 5
PM
they can live in a residential area three blodks away. So I'm not
aura that the first part, on page 8, where there's a combined floor
area ratio of 1.4, section d, (3) for combined use of residential
and shopping would ever be used. Maybe in exceptions, but generally
it won't be used. i mytself have asked people if they would want to
live above a shoppe here and the general consensus was that it wasn't
a practical solution even though it might be aesthetically pleasing
the area doesn't call for it. so 1 don't think you're going to get
floor area ratio bonuses in that particular Section.
In general, though, we like the ordinance, We think it
should be approved as written with the exception of those two minor
changes. Thank you,
Mr. Rogers: I'm Langdon Rogers, I reside in Coconut Grove.
I would like to address myself to Section 3, under (3) 2 and 3, page 6.
Under (e) 2, it says "Ali products shall be sold at retail on the
premises". At this time in the Coconut Grove area vie have several
businesses that do deal in the wholesale field. I aDuld like this to
be changed to read " as long as more than 50% of their business is
retail, they could run their wholesale out of their shoppe". I'm
speaking specifically of the bicycle shop which does deal in wholesale
work; Blue Key Marina, Underwood, I think Crook and Crook has a
wholesale house and 50% of their business is retail but I would like
the full intent of the Ordinance to specify that so they can continue
to operate and other businesses could come into the area and operate
a two-way type of business.
On Section(3), page 6, "No second hand or used merchandise
shall be offered for sale, displayed or stored, except in antique
shops, art galleries or by charitable organizations - ". In Coconut
Grove we have at this time one store that I know of that does deal
in used clothing and we have the Olde Worlde Book Shop on Commodore
Plaza that deals in used books. I would like the Planning Department
to include book stores. I'm not talking about book stores that we
don't want in the Grove, I'm talking about the ones that deal in
antique type of books - old books.
In Section 4, (1)a, page 6, I can as a professional in the
real estate business - what Mr. Treister said will cover my own
personal feelings on that and I would like to see this changed to
allow our professional people to operate in the Grove area on ground
floors. At this time we do not have too many doctors or dentists in
the Grove area. I hope we can bring some more in and possibly by
eliminating a "special condition" use, we can bring this type of people
into the Grove area that we do need to survive as a business district.
Other than that, I'd like to say that I think this Ordinance
is excellent and we've needed it for a long time. I wish to thank you.
Mr. Smith: I'd like to address this question to Mr. Luft.
Basically, what I wanted to know is about Section 5, page 7. This is
just a proposal to institute this Ordinance? No areas are being
assigned in this area, it's just a proposal to establish an area - C-2A?
Mr. Lufts Where we're at right now is we're just talking
about adopting an ordinance for the zoning code.
Mr. Smiths But no area yet has been assigned?
Mr. Lufts We know areas where we'd like to put it
Mr. McManus: That will be item 7 tonight.
”53u February 5, 1975 Xtem 5
FAB
Mr. sttitht Hut all we're doing right now is recommending
this area be adopted?
Mt. tuftt Adopting a code for the City of Miami Zoning
Ordinance a now Section.
Mr. Pishkot My name is Robert Pishko. t'm at 3500 Main
Highway and I'm the managing Director of the Coconut drove Playhouse
to which Mr. tuft alluded before.
Since the proposed Coconut Grove plan came out we have been
meeting actively with m4mbers of the Planning Department and we had
some sketches prepared by Lester Pancoaat. The reason for this is
something that I wanted to make clear to you. The only thing which
keeps the Coconut Grove Playhouse operating and presenting plays and
open is the underlying value of the real estate on which it sits.
The Coconut Grove Playhouse is not a profitable institution as an
operating theatre, nor is it my opinion that it can be, and I give you
that opinion after operating theatres for fifteen years. I really
don't think that it's going to be possible to make anything profitable
out of the Coconut Grove Playhouse if it sits all by itself on that
lot. So the only thing that keeps it up is the underlying value of
the real estate.
So naturally, we are very concerned with anything which
will affect the value of that real estate. The placing of a 45 height
limit to which we do not object does have an affect on the real estate.
The proposed floor area ratio restriction also has, in my opinion,
a serious, deleterious effect on the value of that Leal estate and
therefore we proposed, a long time ago, that the floor area consumed
by the Playhouse itself not be used in calculating the maximum
allowable floor area ratio for any new development on the site. In
other words, all we want is to be able to develop the remaining property
in conformity with the Plan in accordance with all the stipulations
that are listed in the Plan, but not counting the Playhouse proper as
part of the lot.
That's what we asked for. Instead, we have been offered
several bonuses in Section 9, Floor Area Premiums. The capacity of
the Coconut Grove Playhouse is greater than 500 seats and under this
Ordinance, as presently drawn, if the City Commission after public
notice and Hearing agreed after taking into consideration points
(a), (b) and (c) below, they might conceivably grant us a floor area
ratio bonus of 1/2 for each foot so that we could develop this property.
We feel that that's inadequate and insufficient and doesn't address
itself to the problem.
The problem is that the Coconut Grove Playhouse in unique to
Dade County and is, as far as I know, its only operating professional
Broadway theatre. It's a very valuable asset to the City. If it goes
away I think you'll suddenly realize how important it was. I can only
tell you that I've been in a lot of cities in the country and there
are very few that have theatres of the kind of quality that you get at
Coconut Grove. I say that with great immodesty and I apologize for
it but it happens that you have a lot of people over there who are
working extremely hard to do it. I don't want to see anything happen
to it because I believe in it and I earnestly suggest to you that it
would not in any way destroy or hurt this Plan which we wholeheartedly
approve of and which we think is a great addition to Coconut Grove.
We support it. I assure you we think the Planning Department has done
a Magnificent job. But a].l we fee]. ia, just as they did in New York
City, the number of square feet used for the theatre itself should not
s-54- February 50 1975 Item 5
FAB
be counted in the calculations and we are asking you to mend this
Plan when you recommend it to the City Commission to so provide.
1 know that Mr. tuft din:►green with tee. 1 apologize for disagreeing
with Mr. tuft but 1 tell you that this is in my opinion the easiest,
simplest and most efficient way to address this problem. If any of
you have any questions 1 will be glad to answer them. By the way, I
should just say one other thing and Dick Danziger will probably follow
me here and tell you this himself but our effort to have the playhouse
exempted, as far as the calculations of square footage is Concerned
only, is supported by the Coconut Grove Chamber'of Commerce which is
made up of a great many other property owners in the Grove who would
love to have their own property, I'm sure, exempted from floor area
ratio restrictions. Yet, they have chosen to support our effort and
I just draw that to your attention because I think that it brings out
that we're not being so terribly selfish.
Mr. Danziger:. My name is Dick Danziger. I'm President of
the Coconut Grove Chamber of Commerce. I don't want to reiterate
what Ken Treister said - but I want to be in full compliance with
your by-laws here that one only speaks for himself and I want to speak
for the Chamber that we •unanimously back the floor area ratio that
Ken Treister did state to you tonight. We also back unanimously as a
Board on the variant that would have to take place on the property
where the Playhouse is. I did want to bring that fact to you that it
is a Board of Directors of the Chamber of Commerci that do approve of
these emphatic changes.
I did have the opportunity to work with the Citizens
Advisory Committee on the overall Plan throw;h the many months which
took, I guess, over a year and it was quite tedious. I think it has
come up roses practically all the way. I commend Jack Luft for spending
many, many hours of all the hassles that we all had and I think that
we realize that we can't please everybody but we have to bring some
strong points that are very important for our business community. I
think those should be under your consideration.
The Coconut Grove Playhouse we know a couple of years ago
was closed and we know what it did to the business community. We don't
want things like that to happen again. We see a man like Bob Fishko
who has tremendous enthusiasm. He has brought the Playhouse back a
long way from the depths up to the heights, and we feel we are living
in a time where our economy depends upon this type of thinking to rise
above the economic level that we are facing. We feel that with the
enthusiasm the Playhouse has with the floor area ratio that is necessary
for the business community - this is looking up for a prosperous
business community and we would appreciate your every consideration.
Thank you.
Mr. Allen: My name is Wayne Allen. I'm a Director of the
Tigertail Association. For those on the Board who may not be familiar
with our organization, I would just like to state that it is an
organization of approximately 500 residents in North Coconut Grove.
We have been very active in the development of the Coconut Grove
Planning Study and we want to urge upon the Board this evening the
adoption of this C-2A District as it has been presented by the Planning
Department. We feel it represents the desires and position of the
residents of the community.
I would like to say in respect to one item which has
generated the most discussion so far this evening is to the floor area
ratio. It seems to be going up, we see, with the bonus provisions
which have now been put in here as originally presented in the study
-55. February 5, 1975 Item 5
PAD
groups that considered this when we were dealing with the 1.0 floor area
ratio - and while I don't pretend to be an expert on this I would like
to hive Mr, tuft col lent oh it before this Heating is over this
evening.
As far as the Playhouse, I would have to say that all of
the members of our organization consider this a most important
activity in our community. one which we fu].l� support. If there is
any special consideration which might be due as a change from what has
been presented here tonight, that would be the onll•area that we would
like to see changed. The rest of it we would like to see adopted as
presented.
Mr. McGlinnt My name is Thomas McGlinn. I'm President of
the Bayehore Homeowners Association. I just want to say that we
heartily approve of this Ordinance as presented by the Planning
Department.
Mr. Hinckley: My name is Greg Hinckley, 3601 Solano Road.
I'm a Board member of the Coconut Grove Civic Club and I know you are
well aware that there's been a lot of give and take on this between
the commercial interests and the Planning Department and I think it's
very beneficial, this Ordinance.'
Mr. Bud . . . I live at 3920 Battersea Road. I would
like to call your attention to Section 3 - LIMITATION 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 usea"
There is one use I would like to have included with (d)
Sale of Flowers - and that would be Plants and Shrubs. I think for
a completely enclosed building for the rest of the businesses it would
be fine, but for plants and shrubs, it will be necessary many times
to have an outside storit. I would like you to take this into
consideration.
Mrs. Rockafellar: Is there anyone else who wishes to
speak for this proposal? Is there anyone here who is opposed to the
Ordinance? Being none, we will now close the Public Hearing and
go into discussion among the Board members.
Mr. Luft I think you were asked to comment?
Mr. Luft: Yes. In regard to the floor area ratio an
examination of the present Village Center reveals that about 90% of
the existing structures are built at an F.A.R. of .5 or less. Now
granted, many of these are very old. The new structure that was
mentioned on Commodore Plaza that was so fine, and I would agree
100% is also built on an F.A.R. of .5. We do have a few buildings
that are built in the range of 1.0 to 1.5. There's'always been that
potential for 2.0 building and this I would, to give you a frame of
reference, 2.0 is about 30% greater F.A.R. than the buildings we have
along Bayshore Drive.
we're highly cognizant of the fact that traffic is a major
problem in Coconut Grove. Albeit much of it is through -traffic.
Still, on week -ends when we don't have that much commuter movement
we do have probably our worst traffic situations so while we want to
encourage development, we are aware that greater intensity is going to
generate greater traffic and there's a point of diminishing return
�5b February 5, 1975 Item 5
PAD
hare where we begin to choke ourselves off with all our development.
So we did feel from a professional i tandpoint that some need be
taken about intensity of development in the area. This is why we
initially went to a 1.0 floor area ratio.
Now as people who have spoken here and pointed out, tines
have changed. Economics and development are quite different than
they were twenty or thirty years ago whet, many of the buildings were
built and .5 F.A.R. isn't going to make it.We're trying very hard in
this context to alleviate parking problems which we could .give them
an F.A.R. of 30. and they still wouldn't be able to do too much if
we had them put all their parking one -site.
So when we talk about moving parking around as we are
perhaps building a parking garage with no on -site parking requirements
now we begin to have a little better feeling .'or structures in the
range of 1.0 to 2.0; it becomes a little closer to reality.
What's more, to get the kind of quality development that
we all so eagerly want, it's very true that you have to have some
incentives and we did agree with those people that pointed this out.
Therefore, we have incorporated into the Ordinance these revisions
since we first presented it to you keeping in mind our concern over
intensity and congestion. we did feel that the benefits of providing
additional open space, achieving high quality construction and
enhancing the pedestrian environment did outweigh, to a certain extent,
the . . . problem of too much development.
So, I feel the bonuses in here are well justified, well
warranted and take us to about ao far as we think we can realistically
go. This is the basis in response to Mr. Alien's question why
there was the movement there and in response to Mr. Treister's point
about increasing the F.A.R. why we arrived at where we are.
Mr. Dannenberg: Mme. Chairman, I'd like to ask a question
of Mr. Bob Fishko. What exactly do you need to help out your
specific problem?
Mr. Fishko: At the present time we have no plans to
change the Playhouse building itself and we don't anticipate having
such plans in the future because to replace a legitimate theatre
facility on that site now, is absolutely prohibitive. There is no
way that you can do it. You have to remain with the existing
building. We are happy with the existing building. It works very
well as a theatre and seems to have served the community very well
for a good many years. What we're interested in doing is developing
the balance of the property in order to be able to support the
unprofitable operation of the Playhouse, and we feel that because the
Playhouse does attract human beings to the area and get people used
to walking around there, it makes sense to develop the rest of the
property not only for our benefit, but also for the benefit of the
rest of the Grove community because the more people that you have
walking around down there, the more that it will help the kind of
development that Jack and the Planning Department have foreseen with
this excellent plan.
What we want to do is to develop the rest of the property
without having the Playhouse be a hindrance to that development
because it does take up quite a number of square feet of space. So
it seems that by providing for off -site parking as they have done,
they would give us the opportunity to develop the parking Lots that
we now own and are now sitting there vacant except for use as parking
.57. February 5, 1975 Item 5
FAB
•
at night and develop them into, for example, open plazas with
shopper, maybe a couple of restaurants, and this is very much what
Lester had in mind when he made his prel3.minary sketches which were
sean by the ,Planning bepartfnent. All we want you to do is to take
the number of square feet that the Playhouse now uses, and not
count it.in computing the floor area ratio it is possible for us to
develop on the rest of the property.
achieved?
Mr. bannenbergt okay. Mr. Luft, how can that be
Mr. Luft: Well, by some incredible coincidence in this
Ordinance, the bonus that we have assigned for a theatre of.500
seats or greater which would be a bonus of .5 or 50% of the site
equals or exceeds the amount of coverage that the Playhouse presently
has on that site. I guess you could say that this coincidence
creates a situation whereby the area covered by the Playhouse is
given back to them in the form of developable site area by virtue of
their leaving it on that site.
Mr. Dannenberg: Well it sounded to me as though you have
no problem!
Mr. Luft: I think what Mr. Fishko is saying is that he's
got about 90,000 square feet or 100,000 square feet of site area
and if you take, I don't know if it's 30,000 or 40,000 square feet
that the Playhouse occupies and subtract that from the total, then
allow him to develop the rest of that in an F.A.R. of 2. - develop
the whole 100,000 of an F.A.R. of 2. but don't count what the
Playhouse occupies. See? And what we're saying is that he could
develop the whole 100,000 with an F.A.R. of 1. plus.a bonus of .5
for the Playhouse or a total of 1.5. So it doesn't come out to as
much as it would if we just ignored the Playhouse. Of course we
can't do that through a zoning ordinance. This is matter of a
"variance".
Mr. Dannenberg: I don't quite get that?
Mr. Luft: Well, we can't write a zoning ordinance that
would, in effect, create the special conditions whereby we would
exempt the Playhouse or refer to it or whatever.
Mr. Dannenberg: You cannot?
Mr. Luft: I don't see.how we could do that.
Mr. Fishko: Why is that? I don't mean to start a debate
here, but I don't . . .
Mr. Anderson: Well you can't have a zoning district
which is applicable to one area and then say, well within a certain
Section of this area, we're going to allow somebody to do something
else. That's the . . . for a "variance".
Mr. Fishko: Yes, but when you have an existing theatre
on a site that falls within the zoning ordinance, I see no reason why
the ordinance can't be written in such a way that those existing
theatres or that existing theatre cannot be not calculated in the
floor area ratio calculation for the purposes of this Plan? Do you,
really?
•►58- February 5, 1975 Item 5
MB
}
at night and develop them into, for example, open plans with
shopper, maybe a couple of restaurants, and this is very much what
Lester had in mind when he made his pre!?.minaryy sketches which were
seen by the Planning Department. All we want you to do is to take
the number of square feet that the Playhouse now uses, and not
count it.in computing the floor area ratio it is possible for us to
develop on the rest of the property.
achieved/
Mr. Dannenbergt Okay. Mr. Luft, how can that be
Mr. Luft: Well, by some incredible coincidence in this
ordinance, the bonus that we have assigned for a theatre of,500
seats or greater which would be a bonus of .5 or 50% of the site
equals or exceeds the amount of coverage that the Playhouse presently
has on that site. I guess you could say that this coincidence
creates a situation whereby the area covered by the Playhouse is
given back to them in the form of developable site area by virtue of
their leaving it on that site.
no problem!
Mr. Dannenberg: Well it sounded to me as though you have
Mr. Luft: I think what Mr. Fishko is saying is that he's
got about 90,000 square feet or 100,000 square feet of site area
and if you take, I don't know if it's 30,000 or 40,000 square feet
that the Playhouse occupies and subtract that from the total, then
allow him to develop the rest of that in an F.A.R. of 2. - develop
the whole 100,000 of an F.A.R. of 2. but don't count what the
Playhouse occupies. See? And what we're saying is that he could
develop the whole 100,000 with an F.A.R. of 1. plus.a bonus of .5
for the Playhouse or a total of 1.5. So it doesn't come out to as
much as it would if we just ignored the Playhouse. 0f course we
can't do that through a zoning ordinance. This is :x matter of a
"variance".
Mr. Dannenberg: I don't quite get that?
Mr. Luft: Well, we can't write a zoning ordinance that
would, in effect, create the special conditions whereby we would
exempt the Playhouse or refer to it or whatever.
Mr. Dannenberg: You cannot?
Mr. Luft: I don't see•how we could do that.
Mr. Fishko: Why is that? I don't mean to start a debate
here, but I don't . . .
Mr. Anderson: Well you can't have a zoning district
which is applicable to one area and then say, well within a certain
Section of this area, we're going to allow somebody to do something
else. That's the . . . for a "variance".
Mr. Fishko: Yes, but when you have an existing theatre
on a site that falls within the zoning ordinance, I see no reason why
the ordinance can't be written in such a way that those existing
theatres or that existing theatre cannot be not calculated in the
floor area ratio calculation for the purposes of this Plan? Do you,
really?
.59. February 5, 1975 Item 5
PAS
Mt. Anderaont You can't single out one business in &
particular toning district and say .. all the other businesses we're
going to count everything that's existing as one thing, and this
other business, we're not going to count that. Now if you have a
special condition, that's a situation where you'd apply for a "variance".
Mr. Fishkot As long as you continue to regard the
Playhouse as a business like a.ny other business operating in the
Grove or in the City of Miami, we're not going to get anywhere tonight
or at any other time. I can assure you of that. I don't agree with
you. 1 think your opinion is wrong. I think that it could easily be
written and I think it could be written in such a way that it would
be constitutional and it.would stand upl
Mrs. Alexander: Mme. Chairman, Mr. Fishko, I am well
aware of the problems that face the performing arts. I know what
Guzman Hall does, I know what any performing arts does. But you
mentioned something about Mr. Pancoast having drawn up some plans for
you. Were they so in excess of the projected F.A.R. that you couldn't
come out in it? Assuming that it just so happened that the bonus you
would get for this theatre would, in effect, wipe out -
Mr. Fishko: Well it doesn't, as Mr. Luft pointed out.
There's a difference of .5 between what the Plan provides and what I
have requested. The plans that Mr. Pancoast drew would fall within
the suggestion that I have made but would exceed the suggestion that
is to say, the language that's now incorporated into the Plan. It
would fall someplace in between the preliminary sketches - we did not
go so far as to have an actual plan drawn because we are not, at
this point, able to develop the property until we know what the story
is. But the preliminary sketches indicated a total floor area ratio
for the entire property of approximately 1.8 or 1.9, depending on
how it came out when the actual plans were drawn. With the bonuses
that are included in this Plan, we would he able to have 1.5.
Mr. Luft: The only way I could see to write it would be
the wording would have to be something to the effect that - if a
theatre presently exists, and yours is the only one in Dade County
you just told us -
Mr. Fishko: Well it's the only one on that scale.
Mr. Luft: If a theatre presently exists, then the land
occupied by that theatre would be exempted from the calculations of
floor area ratio. Now I don't know of anybody else in the County who
could take advantage of that and that means if somenody wants to come
in and build a theatre, he can't use that. What we're saying is that
anybody who wants to build a theatre or to operate a theatre can get
a bonus for doing so. That makes it wide open to anybody. This way
it's fair and open to anyone but if we limit it to the people who have
a theatre now, I don't see how it works?
Mrs. Alexander: I'm concerned with the need for theatres
performing arts, Guzman Hall. Now Guzman Hall exists on a tax-free
kind of basis -
Mr. Fishko: Yea it does.
Mrs. Alexander: And it occurs to me that perhaps certainly
somewhere this could qualify. You have a group of people who are
involved and interested in the performing arts theatres; you have a
membership and s4 on. So conceivably, in terms of coming out on this
if you could get some tax abatement - I'm iooktng at other ways of
.59. February 5, 1975 Item 5
PAB
4
doing this without overloading the property with too much density.
Mr. Fishko: t understand.
Mrs. Alexander: I'm well aware that we need it; tha.:
there are live bodies walking aroundt we need more restaurants to
support them and so on, and I think it marvelous that you want
to work something out but somehow, we just can't rake an ordinance
that applies to one person or one enterprise but there must be other
ways that this can be approached with the City Commission or a tax
Mr. Fishko: .Mr. Treister was kind enough to just suggest
to me that we could accomplish the same things by changing on Page 9
(3) c - changing the bonus allotted for theatres of greater than 500
seat capacity to 1.0 instead of .5. Now if that would satisfy your
Legal Department better than my suggestion then it certainly would be
acceptable to us you see? As far as the tax abatement question is
concerned, that's a very difficult one which is probably not the
subject of this Body. I mean I'd be happy to discuss it with you at
any time but it would take us an awfully long time, and your time is
limited here and I know it is.
Mrs. Alexander: Well, you have an important point.
think we have to concern ourselves with taxation and tax base.
Mr. Fishko: It is an extremely important point that we
pay approximately $30,000 a year in real estate taxes on the property
at the present time.
Mrs. Fernandez: This is a question to both of yc.u. As
a citizen very interested in the performing arts I'm sympathetic about
your point of view but at' the same time when you say that in the
event that you develop thyt rest of the site, do you foresee that you
will devote the rest of the site to activities related to the theatre
and to the performing arts or are you thinking about developing other
kinds of businesses that could be competitive to the rest of the area?
. Mr. Fishko: Well certainly, it would only be reasonable
for us to develop as much as possible in keeping with the activity
which is already the principal activity on the property. Of course,
we would also be interested in putting commercial development on that
land and what I'm talking about is principally retail - food service
and I think that this would be of great benefit to the Grove as a
whole. Rather than competing with anybody else I think it would
probably add to the business of the Grove and I'm sure that that's
the reason why our position is supported by the Chamber of Commerce
which represents the other merchants in the Grove. If it was going
to be competitive, I'm sure that they would oppose it strongly.
Mrs. Fernandez: Then my next question is to Mr. Luft.
This floor area premium contained in (3) could be increased at the
discretion of the City Commission after public notice and Hearing?
Mr. Luft: But not exceeding those listed,
Mrs. Fernandez: Yea. But my question is - (c) "Greater
than 500 seat capacity, a bonus of not more than 1.0 . .
would it be greater than the 2.0 for the rest of the ,
Mr. Luft: In the preamble to this it says, "the floor area
ratio for any development containing a theatre or theatres"etc, etc.
"nor shall the cumulative floor area ratio for the development
exceed 2.0". In other words, he could get a .5 bonus just for the
-60,. February 5, 1975 Item 5
PAB
fact the theatre exists. You get bonuses for underground parking;
you get bonuses for plazas and terraces. I would assume he will
have some plazas and terraces on the place. I wouldn't think it
would be that difficult to approach a 2.0 with the .S for the
theatre and then the other considerations.
Mrs.
that your plans
ratio of 1.8 or
Lichteniltein: Mme. Chairm no Mr. Fishko, you said
from Mr. Pancoast at this point are a floor areti
1.9 - but you can go up to 2,0?
Mr. Fishko: Well so we're talking about a tenth of a
percent. There's a difference there. We cannot talk to 2.0 as
presently proposed, we cannot. No!
Mr. Luft: Yea you can.
Mr. Fishko: How? How could we?
Mr. Luft: You have a base of 1.0 - you have a .5 for
the theatre - that's 1.5 - and suppose you have a very nice terrace
as an entrance to the theatre that is consumed with 75% tables and
awnings for an outdoor cafe that would obviously serve the theatre
people, you get a one to one bonus for every square foot you've
got on that - for every percent of their total lot area devoted to
that terrace you get a percent bonus for its existence. In other
words you could get up to a 40% bonus for that - that gets you up to
1.9. If you had any underground parking or submerged parking - if
you even had 40% of it in a submerged facility, you would have
another .4 bonus which would get you up to 2.2.
Mr. Fishko: As far as underground parking is concerned,
it is highly unrealistic to think that any significant percentage of
required on -site parking could be handled underground as an economic
consideration. I can assure you - forget about it! As far as
plazas and terraces are concerned, certainly we would want to include
such space in any future redevelopment. However, it is the opinion
of our architect and it is also my opinion, that it would be difficult
if not impossible to attain a 2.0 floor area ratio unless the bonus
for the theatre was increased to 1.0 or the square footage allowed
for the theatre were exempted completely.
Mr. Luft: Just in reference to the 0.15, the 0.30 and
0.50, I won't say I did an exhaustive study, but I do know something
about theatres - my wife is in the theatre - and I'm certainly on
good relationship with people in the Players Theatre, and I've done
some personal study of theatre operations in other cities - and
what it takes to run a theatre - I might point out that New York
City's bonus is 20% - .2 for their theatres. In any case, the
bonuses here of .15, .3, and .5 were constructed in an effort to
most nearly approximate the amount of area generally required for
facilities of this size as a proportion of the site; assuming that
the site would be at least 40,000 or 50,000 square feet in size
before anyone could even contemplate putting a theatre on it. So,
it's not perfect, it's not overly scientific, but it was an effort to
try to draw a parallel between the amount of bonus given and what
amount of space we could reasonably assume would be required to put
a theatre in. The idea being that the amount of space consumed by
the theatre would be given back to the developer as a bonus for
building it. We thought that was only fair, and this is about what
it amounts to.
Mr. Rolle: Would Section 9 (3) c satisfy the situation?
-61- February 5, 1975 Item 5
FAB
aayifiq/
Mt. Luftt Increasing it to 1. 0 / fa that what you're
Mr. Rolle: yes.
Mr. Luftt It would satisfy Mt. Pishko's situation.
Mr. Folle t Could we do it here?
Mr. Luftt You could do it.
Mr. Dannenbergt Mane. Chairman, can you entertain a
motion at this tittle?
Mrs. Rockafellars Yea if there's no further discussion.
Mrs. Fernandez?
Mrs. Fernandez* Section 3. LIMITATION OF USES - what's
the reaction of the Department about the plants and shrubs activities,
Mr. Luft?
Mr. Lufts Shrubs and plants - I think potted plants -
I would probably discourage a nursery operation but I think potted
plants or the type of ir.door plants that we see hanging on baskets
perhaps - an outdoor arcade with hanging baskets - it
wouldn't have to be flowering -
Mrs. Fernandez: But isn't it possible to say "Sale
of flowers, plants and shrubs?
Mr. Luft: Containerized plant material - plant material
grown in containers - something like that
Mrs. Alexander: I'm concerned about this same thing.
You have florists under 'accepted uses' - any use including florists,
then you put flowers under a "conditional use" and it can be outside -
and plants and shrubs separately - you know florists deal with plants;
they deal with shrubs; flower sales; they could have it inside or
outside -
Mr. Lufts They can't today.
Mrs. Alexander: They can't?
Mr. Lufts No. All operations have to be conducted within
an enclosed building.
Mrs. Alexander: Florists - well, maybe we ought to amend
this Ordinance -
Mr. Dannenbergs Excuse me, there was a gentleman here
who wanted to direct himself specifically to that -
Mrs. Alexander: I'll be glad to ask you a question - if
he wants to say something about it. I'm very interested in this area.
Mr. Bud ...: Well, adding plant and shrub sales would not
create a lawn and garden supply in the strictest sense; you wouldn't
be selling fertilizer or lawn mowers on the sidewalk, but I do think
it's necessary to include shrubs and to have plants because plants
are considered decorator items and in the Grove shrubs are used
aesthetically to fit the personality .. to improve property - but when
you just get into plants and ehrube, that's all you're talking about
plants and shrubs, you're not talking about trees, you're not talking
-62- February 5, 1975 Item 5
FAB
fertiiitera and enures or anything laying around and l really
think it's necessary for the florist to have plants and shruss with
flowers. It's necessary to have them oftentimes in a place that's
not completely enclosed. i think you'll be taking a lot that maybe
has weeds and rock and whatever, that you couldn't build on, possibly
not enough site to put a building on economically, and turning it
into something that's attractive to the eye and people coning into
the Grove the traffic the sidewalk traffie - people that are
shopping.through these shoppes, would find it very interesting to
walk into a greenhouse effect store ;>hat doesn't have a ceiling and
four wails and air conditioning. It would be realistic and attractive.
Mrs. Alexander: How could this be phrased? This is a
new shoppe that just opened - in Coral Gables for example it's
called the "Greenhouse" - now they were limited by the very restrictive
policies of Coral Gables and Miracle Mile so that nothing could be
outside, but Decorators deal in plants: plants are the most important
single sales item in this community both wholesale and retail, and
anything we can do to encourage it - because they're absolutely
beautiful -
Mr. Luft: I think it's a fine idea.
Mrs. Alexander: We just need to not have it as a
"conditional use" or it should be an"accepted use".
Mr. Bud . . .: well the problem is right now that in order
to put in a plant shoppe or store per se, you couldn't do it on
Commodore Plaza because under C-2 it has to be in an enclosed building
and if this were adopted the way it stands now -
Mr. Luft: This isn't a "conditional use" -
Mrs. Alexander: It's under Conditional Use both flowers
and plants and shrubs. I think florists should be able to do both.
Mr. Luft: I see what you're saying -
Mr. Bud . . .: You could make it sale of flowers and
decorator plants and shrubs, if you wish.
Mr. Luft: I missed that. Plant and shrub sales was
keeping in mind Mr. Yelverton's operation - Tigertail Nurseries
IMP
Mrs. Alexander: That's a Nursery. That's something else.
But I think you ought to think in terms of what's going on ih the
world today, and that's plants as decorator items.
Mr. Bud . . .: That's going on in the Grove too.
Mr. Dannenberg: Mme. Chairman, I see a very serious'
problem here that we, ourselves, are not facing: that if this
gentleman here puts his plants outside, Mr. Ragsdale is going to want
him to get a permit to move them inside later on.
Mr. Rolle: I would like to know if the phrase
"containerized plant material is satisfactory to this gentleman's
situation?
Mr. Luft: Yes, that's fine.
Mr. Rolle: Section 3, (d), page 5.
-63- February 5, 1975 Item 5
Mr. tuft* I'm jtat suggesting - you can strike Item (q)
frog, Conditional Use.
Mrs. Lichtenstein: Mr, Loft, on the male of used books
and old books, I think this is a very important point - and I
think this gentleman should be able to continue to sell this type
of material without it Being in an antique ahoppes I don't think
that's quite the place although perhaps they are considered as
antiques. What category could they fit into, if they could reasonably
be. sold?
Mr. Luft: The problem there is - if you could say -
as a permitted use - Used Book Stored - but you get into a shady area
there, where you get exchangeable comics -
Unidentified member: That's not the type - adult book
stores -
Mr. Luft: In Section 2, item (10) - book and stationery
store open to the general public is a permitted use and the obvious
intent there was to exclude restricted admittance book stores -
Mrs. Lichtenstein: Did -'it apply to old books as well?
That's my point.
Mrs. Rockefeller: Well, is the Board ready for a motion?
Mrs. Alexander:
we need to go through this
then make the amendments?
on the plants and shrubs -
under Limitations on Uses
flowers - Sale of flowers
Ilene. Chairman, I was just wondering if
point by point and say "we agree" and
My concern is I think this can be handled
by moving (g) from Conditional Use - down
- which allows it to make the sale of
and plants and shrubs -
Mr. Luft: David, wouldn't we not also have to move
(g) up into the Permitted Use Section, as a permitted use, period -
then specifically state that, that could also be out of doors
you have to have it in both places, right?
Mr. Simpson: Right.
Mr. Luft: You could put florists including plants and
shrubs sales in the Permitted Use. So what you're saying, Section 2,
Item 20, would read - florists, plant and shrub sales. Then in
Section 3, it would be - sale of flowers, plants and shrubs.
I guess a shrub is really a plant, isn't it?
Mrs. Alexander: Yes, but I think in terms of size.
Sale of plants and flowers under (d) - just extend it -.
I move that we amend this proposal in this fashion.
In other words we moved plants and shrubs up with florists under
Item 20, Section 2, Use Regulations - and also added it under
Limitation of Uses, Section 3, (d) - sale of flowers, plants and
shrubs.
Mr. Dannenberg: I second the motion.
Mr. McManus: Mme. Chairman, I would suggest that you
first of all get a general motion of the 'general intent' and then
proceed to amend that, as Mrs. Alexander has suggested because you
nay not have the full thought of the Board here,
Mrs. Rockefeller: That's a good idea, Mrs. Fernandez
-64- February 5, 1975 Item 5
FAA
do ybU want to move that
second on
a general
Mr. Dannenberq: Wait a Minute, we have ;,: notion and a
the floor.
MYa. Alekandert All right, we'll retract it and allow
Mrs. ?ernandezt taut Mme. Chairman, before we vote on this
I really felt very bad when I saw the number 5 - "Reconsideration
of a proposal by the City of Miami Planning Department to amend this
Ordinance 6871" - and I want to state for the record, and I think we
should all be very grateful to Commissioner Gordon and Mayor ?erre
because this Item is in front of us, mostly and mainly because they
referred it back to us.
As the story goes, we approved the recommendation of the
Planning Department on June 5th as I have seen in the file our
recommendations were sent to the City Commission with the modifications
that we made at that time. I don't see from the files why the
Department kept studying this matter and sent it directly to the city
Commission without having come to this Planning Advisory Board before -
and if, I don't know who - said that legal technicality to the Mayor
and City Commissioner - but there was a chance that this had happened
inadvertently, and I think that all procedures should be -followed to
avoid something like this from happening in the future.
Once the Planning Advisory Board makes a recommendation
I think this recommendation has to go to the City Commission and the
Planning Department has the opportunity to change whatever they want
to change, or suggest, at that time. But if they change their
recommendation completely and make a new report, I think that we
should have the opportunity before it finally happens because the City
Commission sent it back to us.
I think it's good for us to state that for the record
and for future procedure. Now, I'm ready for a motion.
Mrs. Alexander: Mme. Chairman, I would like to add
something to that. There were many, many people who came down to that
City Commission meeting at 10:30 in the morning and waited until
12:00 to speak to this Item, a.ad took time from their busy businesses
and I think this was a great dis-service to the public; they've
come down here tonight, some of them, not all of them; but I think
Mrs. Fernandez' point is well taken and I just wanted to follow up
with this point. I think that these people come down here - it's
important, but I don't think we need to waste their time.
Mrs. Fernandez: I want to move that the Planning Advisory
Board recommends to the City Commission to approve the amendment to
Ordinance 6871, by adding a new ARTICLE XIV-1, C-2A, SPECIAL
COMMUNITY COMMERCIAL DISTRICT as written in the Planning Department
draft of November 18, 1974 with the following amendments:
(CONTINUED ON NEXT PAGE)
-65•- rebruery 5, 1975 Item 5
PAB
your
On_i atte_..2„ ,u,:(:!6, ; delete florists and state
"florists, plants and shrubs sales"
on tome 5, delete letter (q) and make
"(I), (h) ► (i) ►' (J) and (k) in appropriate order."
On_paae_5.._.Sect .on_3, letter (d)
"Sale of flowers, plants and shrubs"
On page 9, letter (c)
"Greater than 500 seat capacity, a bonuA of not more than
1.0" - On. this I want to expla.� n that I believe
that this may be increased at the discretion
of the City Commissions and that will make
all feel sure that the activities will
not be competitive to the rest of the
businesses in the area.
Mr. Simpson: Did you want to include the old books in
amendment, if so it can be done
On page 6, (3) add in "old books"
Mrs. Fernandez: Yes sir.
Mr. Luft: Did you want to put in at least 50% retail
with remainder wholesale? In that one Section?
Mr. McManus; On page 6, second line down "All products
shall be sold at retail on the premises."
Mr. Luft: It would read "at least 50% of all products
shall be sold at retail on the premises." I guess that's what you
were saying, weren't you?
Mrs. Fernandez: It could always be covered with the
conclusion and discretion of the City Commission after public notice
and Hearing. Isn't that covered by that?
Mr. Luft: That's for the theatre thing only. That
has nothing to do with 50% wholesale. I'm just bringing this up;
before the motion is voted on.
Mrs. Alexander: Mme. Chairman, just a question here.
We're making a general motion to accept this subject to all of these
modifications. How about voting on the modifications one by one,
because I think they're getting away from us, and I think this is
important? That's why I made the motion I did, earlier - but it's
correct, we do use this process. We have an all encompassing motion
which accepts "in principle" then we're going through it, one by
one. I think we need to vote on the plants and shrubs thing and I
would so move, but that we make that modification.
Mr. Dannenberg; I second.
Mrs. Alexander; Just as Mrs. Fernandez
Mrs. Rockefeller; There's a motion on
by Mrs. Alexander and seconded by Mr. Dannenberg,
the motion? Would you call the roll please?
stated it.
the floor made
Any discussion on
.66- February 5, 1.975
Item 5
PAD
ice: Mrs. Alexander offered the following
motion and moved its adoption:
To amend the proposed C-2A District to permit
outdoor selem and display of plants and shrubs.
Upon being seconded by Mr. Dannenberg this motion passed
and was adopted by the following vote:
AYES: Mies, Alexander, Pernande2, Lichtenstein,
Rockafellar
Messrs. Dannenberg, Rolle, Smith
NAYES: None'
Mr. McManus:. Motion passes 7 0.
MOTION:
Mr. Dannenberg: I would like to amend Section 9,
(3) c to read:
Greater than 500 seat capacity, a bonus of
not more than 1.0.
Mrs. Alexander: I second that motion and I would like
to ask Mr. Luft a little bit more about what he said about
New York and the bonuses they give for theatres.
Mr. Luft: As Mr. Fishko referred, in the Broadway area,
the Board there has constructed an ordinance whereby with the
appropriate Board review a bonus of up to .20 can be given to any
development that chooses to build a legitimate theatre within
their particular operation; their development.
Mrs. Alexander: Do we have any provisions in here for
Board review?
Mr. Luft: Planning Advisory Board review?
Mrs. Alexander: Of this?
Mr. Luft: If it's something like that - David - if we
specify Commission review of any bonuses for a theatre would that
imply also Planning Advisory Board review? Would that be implicit
in that or not?
Mr. Simpson: That would be probably the only way you
could do that - through the "Conditional Use" process and the Zoning
Board has the "Conditional Use" jurisdiction.
Mrs. Alexander: Site and Development Plan approval -
in Section 11, page 10.
Mr. Luft: You could say, may be increased with
"Conditional Use" approval after public notice and Bearing = or just
with "Conditional Use approval", but in no event shall exceed the
maximum limits. That would, in essence, take care of the whole
-67- February 5, 1975 Item 5
PAO
commoomininiumn
process, . theatres for the performing arts may be increased after
"conditional use" approval, or "with conditional use" approval, Then
we'd have to put it in the Conditional Use Section, We do. 1 think
it is. Theatres, No, not theatres for the performing arts,
Section 11, Site end plan Approval.
Mrs. Alexander: That's what t was concerned with. It
would fall under Site And Development Plan Approval, would it not?
Mr. Luft: Yes.
Mr. Rolle: Mme.
Section. Section 4, (1)a
Mr. Dannenberg:
Mrs. Rockefeller:
seconded by Mrs. Alexander.
REPEAT MOTION:
Chairman, I'd like to mention another
Excuse me, we have a motion and a second.
We have a motion by Mr. Dannenberg,
Would you call the roll please?
Mr. Dannenberg offered the following motion and moved
its adoption:
Amend Section 9, (3)c to read:
Greater than 500 seat capacity, a bonus of not
more than 1.0.
Upon being seconded by Mrs. Alexander this motion was passed
and adopted by the following vote:
Mmes.
AYES: Alexander, Fernandez, Lichtenstein, Rockefeller
Messrs. Dannenberg, Rolle, Smith
NAYES: None
Mr. McManus: Motion carries 7 - 0.
Mr. Rolle: We were discussing Section 4 (1)a, page 6
that was mentioned by Mr. Treister and Mr. Rogers in the sentence
beginning "Ground level business or professional offices" - shall
we say "conditional use" here as we did in the last one?
Mr. Luft: It's already in these.. It provides that all
offices may be built on the first floor with "conditional use"
approval. On page �, under Section (k)
"Ground level business or professional offices fronting
on designated pedestrian streets, as specified in
Section 4, paragraph (1) (a).
That's a "conditional use" That's what you asked,
Mr. Rolle; I see, All right.
•h8� February 5, 1975 Item 5
FAD
Mrs. Rockafeilar: Are there any other aMendments to
the motion?
M. Alexander: What about the books?
Mr. McManus: That's on page 6, 3rt, paragraph.
Mrs. Lichtenstein: Could we simply include it with the
sale of objects of art, handicrafts and books, inctrporate it in (e)?
Mr. McManus: 1 think it would be more appropriate on the
top
of page 6, 3rd paragraph where it says "No second hand or used
merchandise shall be offered for sale"
Mrs. Alexander: But that's still under Limitations -
with the exception "completely enclosed building" with the exception
of the following uses.
Mr. Luft: No, that's Section 1 - under Section 3 -
Section 1 specifies a, b, c, d, E- then part 2, is another Limitation
"all products shall be sold at retail" - part 3, is another Limitation
and under that you would read "No second hand or used merchandise
may be offered for sale, displayed or stored, except in antique shops,
art galleries, used book stores or by charitable organizations" -
Mrs. Lichtenstein: Fine. Good.
Mrs. Alexander: Shall we add it in then? I move we add
it then in that Section: 'except in antique shops, art galleries,
used book stores' on page 6.
Mrs. Lichtenstein: I second the motion.
Mrs. Rockafeilar: There is a motion on the floor made
by Mrs. Alexander seconded by Mrs. Lichtenstein. Would you call the
roll please?
Mrs. Alexander offered the following motion and moved
its adoption:
MOT ION :
A motion to amend Section 3. (3) to include the sale
of used books.
Upon being seconded by Mrs. Lichtenstein this motion was passed
and adopted by the following vote:
AYES: Mmes. Alexander, Fernandez, Lichtenstein,
Rockafellar
Messrs. Dannenberg, Rolle, Smith
NAYES: None
Mr. McManus: Motion carries 7 - 0.
Mrs. Rockefeller; Is there any other amendment?
Mrs. Alexander: Well
and shrub sales out of Section -
motion,
do we need to say to .cut• plant
yes, they did, it was part of the
.69 'ebruary 5, 1975 Item 5
PA8
110
Mrs. Rockefeller: The Public Hearing is closed.
Mrs. Alexander t Mr. rreister I'd be glad to ask you a
question?
Mr. Treistert I apologize for coming up at this time, but
there is a disadvantage in being first because after so many hours
no one remembers. The Chamber of Commerce respectfully requests
that you at least di icuhs eliminating Conditional Hse for professional
people that want to be on the ground floor - pedestrian Streets
Mrs. Lichtenstein; I believe that was Mr. 1olle's point.
Mr. Rolle: "Yes it was my point and it's included.
Mrs. Alexander: It's included as Conditional Use.
Mr. Luft: He wants it as a flat 'permitted use' no
'conditional'.
Mrs. Alexander: May I ask you why you listed it as
Conditional Use?
Mr. Luft: First off, we did not permit offices on the
first floor. The provision was, first floor uses than. be retail
only on Designated Pedestrian Streets. This is a I,rovision that is
gaining increased acceptance in ordinances throughout the country.
I personally am acquainted with it in two cities that I've worked in
with this Ordinance - it's worked very well - there's very sound
grounds for it. However, it was pointed out that we should have some
consideration given to Coconut Grove's special situation - or some-
place else in the City, and that perhaps we needn't be quite that
rigid - that we just flat out deny offices the use of the first floor.
So we modified that and put in 'conditional use' in response to that
concern.
Apparently this was nc't satisfactory. They wanted to
eliminate that provision altogether. The Planning Department, I
think, feels very strongly about this.
Mrs. Alexander: Would you tell me why?
Mr. Luft: Why? Because offices for business and
professional use do not rely upon spontaneous walk-in trade. When
people go to a doctor's .3ffice, when people go to a business office
they go there with the idea in mind before they ever get to the
retail area. Businesses that occupy a first floor location, offices
do so at the expense of retail display space that desperately needs
the immediacy of a pedestrian relationship to encourage walk-in
trade. In any retail pedestrian -oriented center, which is what we've
made a great deal about in Coconut Grove, the more offices you have on
the ground floor, the greater the fragmentation, the deadspots, the
blank spaces you have in the shopping environment. This has been a
problem in other cities and these are the measures that have been
taken, much more strict than this, to prevent that. Offices work
very well on the second floor or in an R-CC zone, or in an R-C zone.
There's plenty of space for offices in Coconut Grove. It's not like
we're excluding them.
We feel that the appropriate use of the Village Center
is as a retail service area for the residents; and first and foremost,
this should be the use. Now, unfortunately it's been the experience
in other cities, and I'm sure you'll find it here, I can point to a
couple of streets in Greater Miami where this has happened, that
February 5, 1975 Item 5
PAN
tia
large business firma . . international corporations quite often
come in and take the best space available, the most visible space
available and set up their offices lust because it's good advertising
to be there, and they do so at the expense of the small merchant.
Mrs. Pockafeliart Mr, Luft, how about the elderly people
that go to doctors and dentists and cant climb stairs? What are
you going to do with those people? Send them out of the Grove?
Mr. Luftt I would daresay that again, the professional
office and business locations on Grand Avenue or on 27th Avenue
would suffice very well for this - these are where they could be
located. I think in general the total picture weighing all sides,
the problem of an elderly person having to go to a second floor in
Coconut Grove's retail Village Center to get to a doctor would not
be great in comparison to the need to generate consistent retail use
space on that first floor. I could say there would probably be a
few circumstances, a few occasions where this might be the case, but
there are so many clinics, there are so many doctors offices all over
the City - all kinds of situations that I doubt if it would be any
problem.
This amounts to a compromise position between the
original position of the Planning Department and that stated by
the gentleman opposing - and we do feel as Coconut Grove becomes
a more attractive place to develop as the beautification plans
proceed and the street rights -of -way are improved, and the sidewalks
are put in, new construction does occur that we would like to ensure
that this retail environment is sustained.
Mr. Rogers: Mme. Chairman, I also have lived and worked
in other cities and I find where you have retail merchants and
professional people mixed, even on ground floor levels, you have a
better district. A person comes into an area to shop. He may go to
his attorney or stop in to see his dentist and then go shopping or
vice versa. Mr. Luft and I have had many conversations on this and
he just brought up a point - he would like to see us on 27th Avenue
and Bird Road and not even in the District.
Mr. Luft: I didn't say that. I said there was plenty
places for them, it's not as though they were excluded
Mr. Rogers: Plenty of places for them? As long as we're
not in the Central District you're happy! Right?
Mrs. Rockefeller: Thi;: is not a debate I don't think.
Let's get back to the amendments. Are there any further amendments?
Mr. Rolle: Can we consider this under other than 'conditional
uses' here, the ground floor - the ground floor uses under Section 4,
(1) a - Mr. Anderson?
Mr. Anderson: You want offices as a permitted use on the
ground floor?
Mr. Rolle; Right. I'm speaking of this particular one.
I had an opinion from Mr. Luft and then I'm trying to find out from
the Attorney here to consider these two people's idea here.
Mrs. Alexander: I would like to develop this a Little bit
if you, don't, mind, Mme. Chairman. Section 2. is Use Regulations.
"Any use permitted in the R-4 district subject to the Minimum Floor
Area" .. well, what are we talking about? We have here medical or
=71- February 5, 1975 Item 5
PAD
dental offices and clinics, medical and dental laboratories, optical
stores which are professional . in many cases it's not only a man who
dispenses ctlasees but examines- eyes = all of these things are ground
floor use? You have Section 2, Use Regulations and under that you
have (items just listed), then in another Section - you have offices
professional or business and you have optical stores (41) and (42) on
page 3. Now maybe I'm not reading something I should be reading but
then you've got the following,uses approved as "conditional use" and
there you get into -
Mr. Luft: Understand, we have a provision called
Designated Pedestrian Streets' okay? Not all the streets in the Village
Center are pedestrian streets. Mary Street isn't. Oak Street isn't.
Portions of Grand Avenue are not. Those streets, this provision
would not apply, they would be permitted as a flat use - permitted use.
Okay? The condition is, if the designated pedestrian street where
we feel the retail requirements demand such considerations, those
would then be covered by the 'conditional use' provisions of part (k).
So, you can't just make them all conditional use because they're not
all necessarily conditional use; only on pedestrian streets.
Mrs. Alexander: Why would you have the optical store?
That is a professional use, usually. That's not listed under
Conditional Use, is what I mean.
Mr. Luft: Neither are medical clinics or business or
professional offices. Those are permitted outright as a 'permitted
use' in the District. However, there's a further condition that if
it's on a pedestrian street, they then become a conditional use at
ground level only. So we have to cover it in both ways. If we just
listed business offices, optical uses, medical clinics and everything
under Conditional Use Section, then they would be conditional use
anywhere, second floor, first floor, pedestrian street or otherwise.
And we're only talking about 65% of the frontage too.
Mrs. Lichtenstein: That was my point, Mr. Luft. We're
talking just at any time they are allowed except on a pedestrian
street, and then 65%?
Mr. Luft: They can occupy 100% of frontage on a non -
pedestrian street. On pedestrian streets offices can come into up
to 65% of the frontage. All right?If it occupies more than that
then they would have to have a conditional use. That's about as
minimum as you can go and still make any movement toward encouraging
retail uses on the first floor.
Mrs. Rockafellar: Are there any more amendments. Now
Mr. McManus do we pass the motion? The entire thing as amended?
Mr. McManus: There was consideration given to the retail
sold on premises and I wonder if you've considered that or that you
may want to consider it? This was on page 6, the second line. I just
want to be sure that you have considered that. I think that we need
now, a main motion basically, including all the amendments.
Mrs. Rockefeller: To pass it as amended? All right.
The Chair will now entertain a motion.
(CONTINUED ON NEXT PAGE)
-»72- February 5, 1975 Item 5
PAD
Mrs. Alexander* 1 do so move that we pass Special
Community Commercial, CM2A District with the proposed amendments.
Mr. Luftt bicl you address the SO% wholesale retail issue?
Mrs. Lichtenstein: We didn't go into it. Mo.
Mr. tuft: Does this motion preclude that? Consideration
of that?
Mr. McManus* Yes.
Mr. Danziger: Are you back to a blanket recommendation?
Are we all through with everything that we have presented as far as
you're all concerned?
Mr. McManus: We're at the point of taking a roll call on
the main motion.
Mr. Danziger: I gee. We didn't get back to re -discuss
the floor area ratio. i don't think that was under discussion at all,
was it?
Mr. McManus: Mr. Danziger, I think the Board has closed
the Public Hearing and they're up to the point of taking a roll call
vote. May I proceed with the roll call vote?
Mrs. Alexander: - on the Resolution recommending the
Special Community Commercial C-2A District with the amendments, with
the three amendments.
Mrs. Lichtenstein: I second.
Mrs. Alexander offered the following resolution, and
moved its adoption:
(NEXT PAGE)
-73- February a, 1975 Item 5
PAB
ovomenummumumnu
SOLUTIONJ1 . ,..pAa_I0 tg
RESOLUTION RECOMMENDIN4 AN AMENDMENT TO
ORDINANCE 6671, THE CITY OP MIAMI COMPREHENSIVE
ZONING O XNMWE BY ADDtNd A NE4 ARTICLE XtV-1
AS POLLOWSI
ARTICLE XtV-t - SPECIAL COMMUNITY Y COMMERCIAL i C-2A DISTRICT
Section 1. • INTENT
It is the purpose of the Special Community Commercial District
to promote the development of commercial areas which have a
unique mixture of land uses and special design character. This
district is intended to strengthen and promote the special use
and scale interrelationships between retail commercial land
uses and pedestrian activity, to maintain continuity of prime
retail, service and related use frontage, to encourage innovative
site planning and architectural design, to encourage those
activities which generate an active pedestrian street life; to
create opportunities for combining residential and commercial
usest and to preserve and promote cultural arts facilities for
the general public welfare and amenity.
Section 2. - USE REGULATIONS
No building or structure, or part thereof, shill be erected,
altered or used, or land or water used, in wh►le or in part for
other than one or more of the following specified uses in
accordance with limitations hereinafter specified.
(NEXT PAGE)
(1) Any use permitted in the R-4 district subject to the
Minimum Floor Area and Useable Open Space Regulations
specified in said district.
(2) Antiques.
(3) Art Galleries, Museums and Libraries.
(4) Art, Music and Dance Studios.
(5) Art Supplies.
(6) Bakery Goods Shop.
(7) Banks and Finance Offices.
(8) Bicycle Sales and Repairs.
(9) Boat Accessories.
(10) Book and Stationery Store open to the general public.
(11) Chess, Pool and Billiard Halls.
(12) China and Crockery.
(13) Confectionery or Ice Cream Store
(14) Clothing.
-74- February 5, 1975 Item
PAS
(NEXT PAGE)
(1g) Custom Dressmaking, Millinery or Drapery Store,
provided that no products are prepared for the
purpose of supplying other businesses located
elsewhere.
(1A) Dry Meaning Agencies or Pressing Establishments.
(17) Drug States.
(ig) Employment office.
(19) Pilr Exchange and Photographic Supplies.
(20) Florists, including Plant and Shrub Sales.
(21) Fruit and Vegetable.
(22) Gifts.
(23) Grocery.
(24) Hardware.
(25) Health Studios.
(26) Hobby.
(27) Home Appliance.
(28) Interior Decorating.
(29) Jewelry and Watch Sales, Repair and Service.
(30) Laundry Agencies.
(31) Letter Service and Mimeographing.
(32) Leather Goods - Sales and Incidental Assembly
and Repair.
(33) Liquor Package.
(34) Locksmith.
(35) Medical or Dental Laboratory.
(36) Medical or Dental Offices and Clinics.
(37) Meat Market or Delicatessen.
(38) Music.
(39) Newsstand or Sundry.
(40) Office Supplies.
(41) Offices - Professional or Business.
(42) Optical Stores.
(43) Personal Service Shops such as Barber Shops, Beauty
Parlore, and Shoe Polishing Stands.'
-75- February 5, 1975 Item 5
PAD
(NEXT PAGE)
(44) Pet Shops.
(45) Photographers.
(46) ]deal Estate.
(47) Religious Associations.
(48) Restaurants, Tea Rooms or Cafes (including outdoor
cafes and dining areas).
(49) Shoe Repair Shop.
(50) Sporting Goods.
(51) Tailor Shops.
(52) Telegraph Office.
(53) Theatrical Studios.
(54) Ticket Agency.
(55) Variety.
(56) Sale and incidental servicing of Radio, Television,
Phonograph, and Home Appliances, provided that:
(a) All servicing shall be confined to the rear
one --half of the premises.
(b) The area of the building devoted to service
activity shall be effectively screened from the
front portion of a building so as to not be
viewed from any portion of the area of the
building devoted to sales or display.
(57) The fd.lowing USES if approved as a CONDITIONAL USE:
(a) Theatres.
(b) Charitable sale of second hand or used
merchandise by non-profit or7anizations.
(c) Coin operated Laundries - provided that:
1. 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 twenty-five
(25) pounds.
-76
February 5, 1975 Item 5
PAS
(NEXT PAGE)
2, Self-service dry cleaning machiI es shah
not emceed, fo- all dry cleaning units
comtbihed, a total capacity of forty (40)
pounds, and provided further that no
machine shall exceed rated capacity of
ten (10) ponds and shall be classified as
a Class iV system►, as defined by Florida
Fire prevention Code, 1958, Section 80, 3d.
(d) Dry Cleaning Establishments:
1. Any dry cleaning establishment shall not
use more than one (1) clothes cleaning unit
and which shall have a rated capacity of
not more than thirty --five (35) pounds.
2. All dry cleaning and related activities
shall be solely for the retail trade of
the subject premises.
3. All vents and exhaust outlets that are
used for removing fumes and/or heat from
cleaners, washers or dryers shall be
confined either to the roof area of a
building or the portion of an exterior wall
area that is 8 feet or lore above grade, and
all such outlets shall be constructed so as
to discharge in a vertical direction.
mw
imm
(e) Gasoline stations limited to the following
activities: Dispensing of gasoline and motor oil,
incidental automotive services such as washing,
cleaning, polishing, battery changing, lubrication,
brake adjustment, and transmission adjustment,
minor automotive repair wor1,c such as tires, brake,
ignition aAd cooling systems, and accessory
parts, inc.dental replacement of automotive
items such as tires, batteries, windshield wipers,
and minor engine parts, and incidental sales of
automotive accessories and ornamental parts such
as mirrors, floor mats, polishes, solvents and
other related fluids and oils.
Gasoline station activities in district shall
not include:
transmission overhauling and rebuildings, paint
and body work, major parts replacement,
automobile, truck and trailer rentals, new and
used vehicle sales and commercial vehicle storage.
(f) Mortuary, Undertaker or Embalming Establishments
and Funeral Homes.
(g) Lodges, Fraternity or Sorority Houses not used
for profit.
(h) Bare, Taverns, Saloons or Private Clubs.
(i) Automobile parking lots and parking garages.
_77-
February 5, 1975 item 5
PAD
•
(NEXT PAGE)
•
(1) Oround level business or professional offices
fronting an designated pedestrian streets, as
specified in Section 4, paragraph (1) (a) .
(5d) Accessory Uses and Structures
(59) Other Uses: Other uses or enterprises similar to the
above which, in the judgirent of the Director of the
Vuilding Department are consistent with the intent of
the District and are not more objectionable to the
general welfare than the uses listed.
"Other Uses" so determined shall be regarded as
"Listed Uses". In no instance, however, shall the
Zoning Inspector determine, nor the regulations be so
interpreted, that a use shall be permitted in a
district when such use is specifically listed as first
permissible in a less restrictive district.
Section 3. - 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) Automobile parking lots.
CO) Arts and crafts exhibits including demonstrations
and performances.
(c) Restaurant dining areas with table'service
(d) Sale of flowers, plants and shrubs
(e) Sale of objects of art, handicrafts but not mass
produced items.
(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 books or sales by charitable organizations
as specifically listed in Section 2 of this Article.
Section 4. - PEDESTRIAN STREET
(1) Notwithstanding any other provisions of this district,
where a lot with frontage on a street is listed in
paragraph (2) of this section, development of that lot
shall provide:
(a) At least 65% of such frontage shall be allocated for
ground level occupancy by uses listed in Section (2)
of this district, excluding residential uses.
Ground level business or professional offices within
the 65% restricted frontage may be permitted only as
conditional uses. The remainder of such offices or
residential uses, to building entrances, lobbies,
through block connections or other pedestrian spaces,
or to escalators or stairs providing public access to
other levels, or to access drives to parking facilities,
]f two or more sides of any property are designated
-78- f'ebruary 5, 1975 Item 5
PhD
r
■
(NEXT PAGE)
as a "pedestrian street," such as a corner lot, the
provisions of this paragraph shall apply only to that
side which nay be termed the front.
(b) A minimum front and side street yard area of 10 feet
and a maxinrutn of 20 feet in depth nha11 be provided.
A building wail May encroach upon the required front
or side street yard area, if a space equal to that
displaced by such encroachment is provided as a
courtyard, plaza or other such ground 1eve1 public
space, accessible to the general public during
normal business hours. Up to 2/3 of the public
space as provided by required yard areas, may be
utilized for outdoor dining, flower and handicraft
and art displays and sales as provided for in
Section (3), paragraph (1) of this district.
(c) Notwithstanding other provisions of this ordinance,
on designated pedestrian streets, 100% of the
required open space for residential uses as specified
by Section 2 - (1) of this district may be
provided at ground level and/or as upper level deck,
roof or terrace space, except that in no case shall
more than 20% of the required open space be provided
at a level above twenty-five (25) feet in height.
(d) A11 ground level public space, yard areas and
required open space shall be landscaped with a
minimum of one shade tree for every 30 feet of lot
frontage or portion thereof, or every 600 square feet
of area, whichever requires the greatest number of
trees.
(2) The provisions of this section apply to all lots with the
following street frontages:
(a) Frontage on both sides of Grand Avenue from Douglas
Road to Plaza Street, and from Margaret Street to
Mary Street.
(b) Frontage on the northwest side of Main Highway from
Franklin Avenue to Grand Avenue, and on the southeast
side from Fuller Street to Grand Avenue.
(c) Frontage on both sides of McFarlane Road from Main
Highway to Hayshore Drive, coincident with the
C-2A zone.
(d) Frontage on both sides of Commodore Plaza.
(e) Frontage on both sides of Fuller Street.
(f) Frontage on both sides of Virginia Street from
Grand Avenue to Oak Street.
POFrontage on both sides of Florida Street from
Virginia Street to Mary Street.
(h) Frontage on both aides of Rice Street from Grand
Avenue to Oak Street.
February 5, 1975 Item 5
PAS
IMI
(i) Frontage on both mides of bird road from Mary Street
to 27th Avenue.
Section 5. - AREA
(1) Residential Use t
(a) The le,t area for residential uses or uses which
have more than 75% of the total floor area devoted
to residential uses, shall be at least six thousand
(6000) square feet with a minimum average width of
sixty (60) feet.
(2) Non -Residential Uses
1
(a) There shall be no required area or width of lot for
non-residential uses, or uses which have at least
25% of the total floor area devoted to non-residential
uses.
Section 6. - YARDS
(1) Interior side or rear yards - No interior side or rear
yard shall be required, except that, where a lot in a
C-2A district abuts a lot in an "R" district (Residential),
a yard of at least ten (10) feet in width shall be
provided on the side adjacent to the "R" district. In
addition, the building shall be set back one (1) foot for
every two (2) feet of building height above twenty-five
(25) feet on sides adjacent to an "R" district.
(2) Front and side street yard areas shall be at least
ten (10) feet in depth and shall be maintained in
accordance with the following requirements:
(a) No required yard area shall be used for parking.
(b) The yard area shall be landscaped with a minimum
of one shade tree for every 30 feet of yard
frontage or portion thereof, or every 600 square of
yard area, whichever requires the greatest number
of trees.
(c) Within the required yard area, appropriate street
furniture including benches, waste receptacles,
planters or fountains shall be provided in
sufficient quantities to meet the needs of
pedestrian traffic at that location. The design,
quantity and location of street furniture shall be
indicated on the site plan when submitted to the
Planning Department for site and development plan
review as required by Section 11.
Section 7. - HEIGHT
(1) There shall be an absolute height limit of forty-five
(45) feet, or four (4) stories.
(NEXT PAGE)
-80- February 5, 1975 Item 5
FAB
•
i Al
Section R. FLOOR AREA► RATM
Except as provided in Section 91
(1) The floor area ratio for non-residential uses shall
not exceed 1.0.
(2) The floor area ratio for residential uses shall not
exceed 11,�0,,,..
(3) The floor area ratio for all uses in a building shall
not exceed 1.4.,
Section 9. FLOOR AREA PREMIUMS
The floor area ratio may be increased accordance with the following
provisioner but in no case, except as provided in paragraph (3) of
this section, shall the cumulative floor area ratio exceed 1.75.
(1) The floor area ratio may be increased by .01 for each
one (1) percent, up to forty (40) percent, of the site
area devoted to usable pedestrian ground level plazas
and courtyards, and/or upper level terraces and decks for
walking, sitting and similar passive pursuits, which
serve as an extension of the pedestrian shopping
environment and complement facing retail and office use
space, are not higher than 25 feet above grade, and are
open and accessible to the general. public.
The floor area ratio may be increased by .02 for each
10% of required on -site parking located in an underground
parking structure.
(3) The floor area ratio for any development containing a
theatre or theatres for the performing arts may be
increased at the discretion of the Ci�y Commission after
public notice and hearing, but in no (:vent shall exceed
the maximum limits set forth as follows, nor shall the
cumulative floor area ratio for the development
exceed 2.00.
(2)
(a) Up to 300 seat capacity, a bonus of nor more
than 0.15;
(b) Up to 500 seat capacity, a bonus of not more
than 0.30;
(c) Greater than 500 seat capacity, a bonus of not
more than 1.0:
In determining whether to grant a floor area premium and the precise
extent of such increase, the Commission shall take into consideration
the followings
(a)
(NEXT PAGE)
Whether the theatre or theatres are of a type and
sire which the Commission deems appropriate under
the circumstances pertaining at the time of
application in order to achieve a balance of
facilities reaponaive to the needs of the district;
February 5, 1975 Item 5
PAB
(b) Whether there are facilities to support a variety
of cultural arts performances and operations such
as rehearsal space, storage, dressing room or
set construction spaces etc.
(c)
Whether distribution of the bulk of the total
development permits adequate access of tight and
air to surrounding streets and provides open
spaces, arcades, concourses or transit shop
facilities that would aid in the circulation of
pedestrians or vehicles.
Section 10. PARKING
(1) On -site parking requirements shall be in accordance
with the requirements of ARTICLE XXIII of this Ordinance,
except for the following provisions:
(NEXT PAGE)
(a) All required on -site parking for non-residential
permitted uses may be located off -site:
1. but within 600 feet of the premises it is
intended to serve if located outside the
C-2A district, subject to conditional use
approval.
2. anywhere within the C-2A district, but
generally within 600 feet of the premises it
is intended to serve to maintain reasonable
pedestrian access distances, and subject to
conditional use approval.
(b) All of the required on -site parking for residential
uses must be provided on the premises they are
intended to serve. Notwithstanding the provisions
of ARTICLE XXIII, Section 4, paragraph (2) (a),
the required amount of on -site parking for
residential uses need not exceed one space per
dwelling unit, if the total amount of on -site
parking provided, including parking for non-
residential uses, equals or exceeds the normal
amount of on -site parking required for such
residential uses.
(c) A minimum of one bicycle parking apace for each
vehicular space required by ARTICLE XXIII of this
Ordinance (up to 10 spaces) shall be provided
on -site with secure storage apparatus to which
a bicycle may be locked.
(d) For developments including a performing arts
facility as described in Section 9, paragraph (3)
of this district, parking provided on -site for
uses other than the performing arts facility, may
be counted toward meeting the on -site parking
requirements of the performing arts facility as
specified in ARTICLE XXIII, Section 4 of this
Ordinance.
-82-
February 5, 1975 Item 5
PAS
Section 11. SITE AND DEVELOPMENT FLAN APPROVAL
(1) Any developMent permitted by this district shall be
required to have the site and development plan approved
by the Flaming Department before a building permit is
issued by the Building Department according to
ARTICLE r"y, Section 42. The purpose of development plan
review is to assure that development is in accord with
the intent of the district.
Upon being seconded by Mrs. Lichtenstein, this resolution was
passed and adopted by the following vote:
AYES: Mmes. Alexander, Fernandez, Lichtenstein,
Rockefeller
Messrs. Dannenberg, Rolle, Smith
NAYES: None
Mr. McManus: Resolution carries 7 - 0.
-83-
February 5, 1975 Item 5
PAS
•imiiii,uil il1111•