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3 - Attachment - 15ATTACHMENT 15 1 2 3 DRAFT 11-1-17 ORDINANCE NO. 4 An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami 5 Land Development Code creating ARTICLE XII. -Downtown SoMi (OS) District Regulations; modifying 6 Section 20-3.1 Zoning use districts and purposes (A) and (B); modifying Section 20-3.3(0) Permitted 7 Use Schedule; creating Section 20-3.3(F) Outdoor Seating/Dining Within the Downtown SoMi (OS) 8 Zoning District; modifying Section 20-3.4 Special use conditions; modifying Section 20-3.5 (B) and (C) 9 Dimensional requirements; creating Section 20-3.5(1) Dimensional Requirements Downtown SoMi 10 District; modifying Section 20-3.6 Supplemental regulations; modifying Section 20-4.3 Sign 11 regulations; modifying Section 20-4.5 Landscaping and tree protection requirements for all zoning 12 districts; modifying Section 20-4.5.1 Tree protection; modifying Section 20-5.11 Site plan review 13 approvals; modifying Section 20-6.1 Administrative entities in order to effectuate a Mixed-Use 14 Project on the Shops at Sunset Place property as legally described herein. 15 16 WHEREAS, the City of South Miami has jointly prepared with the Applicant, FRIT Shops at Sunset 17 Place Fee Owner LLC, amendments to the Official Land Development Code in order to incorporate new 18 development standards and regulations and modifications to existing code Sections for the proposed 19 Downtown SoMi District to provide allowances for a mixed-use development that is urban in scale, 20 provides for a vibrant urban experience, is located near rail-based rapid transit and establishes a "place- 21 making" development; and, 22 23 WHEREAS, the Local Planning Agency has reviewed the proposed amendment to the Official 24 Zoning Map, held an advertised public hearing on October 26, 2017, and provided for public participation 25 in the process and rendered its recommendation of approval to the City Commission on a vote of 7-0. 26 27 WHEREAS, the City Commission desires to adopt an amendment to the Official Land Development 28 Code in order to incorporate new development standards and regulations, and modifications to the 29 existing code section of the City's Land Development Code for the proposed creating the Downtown SoMi 30 District. 31 32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF 33 SOUTH MIAMI, FLORIDA AS FOLLOWS: 34 35 Section 1. Section 20-3.1 of the City's Land Development Code is hereby amended to read as 36 follows: 37 38 20-3.1 -Zoning use districts and purposes. 39 (A) Zoning Districts Established. In order to implement the intent of this Code and the 40 ~ity's adopted Comprehensive Plan, the City is hereby divided into tweHty DiDe (29) thirty- 41 two (32) zoning use, overlay and special districts with the symbol designations and general 42 purposes listed below and permitted uses set forth in Section 20-3.3(D). Except as expressly 43 set forth within the regulations governing the DS district, ,s.~tandards shall be uniform 44 throughout each zODiDg use district. District symbols and names shall be known as: 45 Page 10f48 3 RS-l Estate Residential RS-2 Semi-Estate Residential RS-3 Low Density Single-Family RS-4 Single-Family RS-5 Single-Family (50' lots) RT-6 Townhouse Residential RT-9 Two-FamilylTownhouse Residential RM-l8 Low Density Multi-Family Residential RM-24 Medium Density Multi-Family Residential RO Residential Office LO Low-Intensity Office MO Medium-Intensity Office NR Neighborhood Retail SR Specialty Retail GR General Retail TODD (MU-4) Transit-Oriented Development District (Mixed Use-4) TODD (MU-5) Transit-Oriented Development District (Mixed Use-5) TODD (LI-4) Transit-Oriented Development District (Light Industrial-4) TODD (PI) Transit-Oriented Development District (PubliclInstitutional) TODD (PR) Transit-Oriented Development District (Parks & Recreation) PUD-R Planned Unit Development-Residential PUD-M Planned Unit Development-Mixed Use PUD-H Planned Unit Development-Hospital HP-OV Historic P~eservation Overlay HD-OV Hometown District Overlay Page 2of48 CS-ov Community Service Overlay H Hospital PI Pub liclInstitutional PR Parks and Recreation R Religious MU-AH Mixed Use Affordable Housing (Two Stories) Downtown SoMi 1 2 (B) District Purpose Statements. 3 4 * * * 5 6 (32) aDS" Downtown SoMi District: The purpose ofthis district is to provide for the establishment of 7 place-making development that is urban in scale. This district authorizes a mixture of uses, densities, 8 intensities, and heights that contribute to a vibrant urban experience within walking distance to rail-based 9 rapid transit. Permitted uses and structures on both a temporary and permanent basis include retail, 10 restaurant, residential, hotel, office, entertainment, theaters and attractions, permanent and nonpermanent 11 kiosks, active rooftop uses and those uses reasonably accessory thereto. To accommodate shifting market 12 conditions, it is the expres's intent of the DS district regulations to allow flexible changes in an approved 13 development program between and among permitted uses. 14 Permitted heights in the DS district shall be up to 195 feet as defmed in Section 20-12.8, South Miami Land 15 Development Code. . 16 17 The permitted Floor Area Ratio(F .A.R.) shall be up to 3.0 and shall only apply to non-residential structures. 18 Permitted residential density shall be up to 65 dwelling units per acre. Hotel uses within this district shall 19 be deemed part of the commercial intensity and shall not be counted for purposes of calculating residential 20 density or intensity. For the avoidance of doubt, residential uses shall not count towards F.A.R. and 21 commercial uses (including hotel uses) shall not count towards residential density. 22 23 To promote an active, urban, and vibrant pedestrian experience outdoor seating as a convenience for tenants 24 and guests and as an accessory to restaurants, cafes and similar uses shall be encouraged within the DS 25 district. 26 Page 30f48 1 Land may be zoned DS if it satisfies all of the following requirements: (1) the area of the land so zoned is 2 ten (10) acres or less but exceeds five (5) acres; (2) a portion of the land so zoned is adjacent to a principal 3 arterial roadway; (3) a portion of the land so zoned is adjacent to a minor arterial roadway; and (4) a portion 4 ofthe land so zoned is within fifteen hundred (1500) feet radius of an existing rail-based transit station. 5 6 This district is appropriate in areas designated "Downtown SoMi" in the City's adopted Comprehensive 7 Plan and Future Land Use Map. 8 Section 2. Section 20-3.3(D} of the City's Land Development Code is hereby amended to read as 9 follows: 10 11 12 13 14 P = S = COND = PARK = X = USE TYPE PLANNED UNIT DEVELOPMENT RESIDENTIAL USES Boardinghouse Dwelling, Single-Family R R S S 1 2 S S P P R S 3 SECTION 20-3.3(D) PERMITTED USE SCHEDULE PERMITTED BY RIGHT PERMITTED AS SPECIAL USE SPECIAL USE CONDITIONS (See Section 20-3.4) PARKING REQUIREMENTS (See Section 20-4.4(B» No conditions were adopted ZONING DISTRICT T T T T T L 0 0 0 0 0 R R R R R R M D D D D D S S T T M M R L M N S G U D D D D D H 4 5 6 9 1 2 0 0 0 R R R A 8 4 H M M L P P U U I· I R 4 5 4 S S S S S S S S S S S S S S S P P P P P P P P P P P P P P S Page 4of48 C P P R P Q 0 A I R ~ N R D K ~ 8 17 1 Dwelling, Tourist P P P P P P 3 Dwelling, Townhouse P P P P S P P P P P 17 2 Dwelling, Two-Family P P P S P 17 1 Dwelling, Multi-Family P P S P P P P P r 17 3 Community Residential P P P P P P 1 Home, 7 or more Group Home I Licensed S S S S S S S S S S S S S 15 1 (6 or less) Group Home II S S S S S S S S S S S S S 15 1 Unlicensed (6 or less) Home Occupation P P P P P P P P P P P P P P P r 1 PUBLIC AND INSTITUTIONAL USES Adult Congregate Living S S S S S S ~ 13 1 Facility Convalescent Home P P P P P P 13 Child Care Facility (7 or S S S S S S S S P P P P S P P 23 10 more children) Early childhood child p P P P P P P P P care, Pre-K, Pre-School Fraternal Organization or S S S S S P P P P S S r 2 7 Private Club Governmental P P P P P P P P P P r 10 Administration Hospital S 14 5 Mobile Pet Grooming P P P P P P P P P --Service Museum, Library or Art P P P P P P P P P P r 12 Gallery Park or Playground, P P P P P P P P P P P P P P P P P P P P r Public Page 50f48 Social Services Agency S S S S S S S S S S ~ 10 EDUCATIONAL USES School, Elementary or S S S S S S S 23 12 Secondary School (ancillary to P 12 principle use), Church School, Private or Charter S S S S S S 23 12 School, Vocational S S S S S S 23 12 RELIGIOUS USES Church, Temple, S S S S S S P I 6 Synagogue or Mosque 1 2 Page 6of48 1 ZONING DISTRICT T T T T T 0 0 0 0 0 USE TYPE M D D D D D C P R L M N S G U D D D D D H P P .Q 0 A 0 0 0 R R R A I R ~ N R H M M L P P D K U U I I R 4 5 4 BUSINESS AND PROFESSIONAL SERVICES Accessory Medical Services P P P S 18 7 Accounting and Auditing Services P P P P P P P P ;e 10 Acupuncturist P P P P P P P P ;e 9 Advanced Registered Nurse Practitioner P P P P P P 9 Advertising Agency P P P P P P P P ;e 10 Animal Hospital or Veterinarian S S S S P 21 12 Architectural Services P P P P P P P P ;e 10 Automobile Parking Structure P P P r Automobile Rental Agency S S pi 22 11 ** Automobile Repair and Body Shop S 11 Automobile Repair S S 11 Automobile Upholstery and Top Shop S 11 Automobile WashingiDetailing Operations S 10 11 Bank or Savings Institutions, Mortgage P P P P P P P r 11 BankingIMortgage Brokerage Within the DS district. an Automobile Rental Agency shall operate only as concierge service accessory to a hotel. No automobile rental inventory shall be permitted to be stored or parked in on-site parking resources. Page 7 of 48 Beauty or Barber Shop (includes nail/skin care as S S P P P P P P P ~ 16 11 accessory or as separate establishment Bed and Breakfast P P P P P 4 Billiard Parlor S ~ 11 Bowling Alley or Skating Rink S ~ 11 16 Bowling AlleylRestaurantlEntertainment Center S S ~ 16 Building Contractors Office P P P P P P P ~ 10 Carpet Cleaning Service S 11 Catering Services ~ 11 Chiropractic Office or Clinic P P P P P P P P P S ~ 14 9 Counseling Services P P P P P P P P P P ~ 10 Contractor Plant and Storage S 14 Computer Supplies and Services P P P P P P P P ~ 11 Credit Reporting Services P P P P P P P ~ 10 Dentist Office P P P P P P P P P P ~ 9 Dry Cleaning Substation (no processing) S S P P P P P P P ~ 16 11 Dry Cleaning Plant S S S S S S 7 11 Employment Agency P P P P P P P ~ 10 Engineering Services P P P P P P P P ~ 10 Film Processing Substation S S P P P P P P 16 11 Funeral Home S S 3 11 Hotel or Motel P P P P P P P ~ 4 Insurance Agency P P P P P P P P P ~ 10 Page 8of48 Interior Decorator, Showroom and Salesroom P P P P P P P £ Interior Decorator, Office only P P P P P P P £ Investigative Services P P P P P P P P £ Investment and Tax Counseling P P P P P P P P £ Laboratory, Medical or Dental P P P P P P P P P Laundromat P P P P P P Law Office P P P P P P P P £ Lawn Maintenance Services S Learning Centers or Educational Facilities2 £ Loan or Finance Agency P P P P P P P £ Mail and Parcel Center P P P P P P P P P £ Market Research Services P P P P P P P P £ Massage Therapist P P P P P P P P P P £ Medical Office P P P P P P P P P Messenger or Courier Services P P P P P P P £ Mobile Automobile Wash/Wax Service S S S S S S S S S S S S £ 20 Notary Public P P P P P P P P P £ Office, Business or Professional P * 50% of ground floor square footage must be retail P P P P * P P P P £ uses. Opticians or Optical Goods, Showroom P P P P P P P P P £ Opticians or Optical Goods, Office only P P P P P P P P P £ 2 Learning Centers or Education Facilities shall mean a facility offering to students training, tutoring or instruction in subjects such as languages, music, fme arts, dance and standardized test taking. This may include provision of electronic testing and distance learning. Page 90f48 10 10 10 10 9 11 10 11 10 10 10 10 9 9 11 N/A 10 10 9 9 Pest Control Services S 11 Personal Skills Instruction Studio P P P P P P P P P r 10 Photographic Studio S S P P P P P r 16 11 Physical Fitness Facility S S P P P P P r 16 11 Physical Therapist P P P P P P P P r 9 Picture Framing Store P P P P P r 11 Planning and Zoning Consultant P P P P P P P P r 10 Psychologist P P P P P P 9 Public Relations Services P P P P P P P P r 10 Quick Printing P P P P P P P P P r 11 Radio and Television Repair Shop S 11 Real Estate Agency P P P P P P P P P r 10 Reproduction and Stenographic Services P P P P P P P r 11 Research and Development P P 14 Reupholstery and Furniture Repair Services S S 12 Shoe Repair Shop P P P P P P r 11 Stock Brokerage P P P P P P P P 10 Tailor or Seamstress P P P P P r 11 Tanning Studio P P r 11 ** Taxidermist S 11 Telephone Answering Services P P P P P P P P 11 Tutorial Services P P P P P P P P r 11 Page 10 of 48 Theater or Cinema P P P P P r Travel Agency P P P P P P P P r Watch and Clock Sales and Repair P P P P P P r Video Tape Rental Store P P P P P P P RETAIL AND WHOLESALE TRADE Air Conditioning Sales and Services P P Antique or Curio Shop P P P P P P r Automobile Accessories and Parts S P X Automobile Dealer S 9 Automobile Showroom p3 Bait and Tackle Shop P P Bakery P P P P P P r Bicycle Sales and Services P P P P P P r Boat Dealer S 9 Book or Stationery Store S S P P P P P P r 16 Business Machine Sales and Services P P P P P P r Camera and Photo Supply Store S S P P P P P P r 16 Carpeting or Flooring Sales P P P P P P r Clothing or Apparel Store (new only) P P P P P P r Confectionery or Ice Cream Parlor S S P P P P P P P r 16 Consumer Electronics or Music Store P P P P P P r Automobiles for display to consumers may be stored inside the Automobile Showroom but may not be stored or parked in on-site parking resources. No more than ten (10) vehicles for consumer test driving use may be stored or parked in on-site parking resources. No automobile inventory shall be permitted to be stored or parked in on-site parking resources. Page 11 of 48 15 10 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 11 8 11 Cosmetics Store P P P P P P £ 11 Dairy Products Store P P P P P P P £ 8 Deli P P P P P P P £ 8 Department or Dry Goods Store P P P P P P £ 12 Drinking Place S S S S P S S S £ 16 7 Drug, Pharmacy or Sundry Store S S P P P P P P P £ 16 11 Fabric or Drapery Shop P P P P P P £ 11 Florist S S P P P P P P P £ 16 11 Gasoline Service Station S 5 11 Grocery Store (over 4,000 sf gfa) P P P P P P £ 8 Gift, Novelty or Souvenir Shop S S P P P P P P £ 16 11 Glass and Mirror Sales and Services P P 11 Hardware Store P P P P P P £ 11 Heavy Machinery Sales, Rental and Services P 11 Hobby, Toy or Game Shop S S P P P P P P £ 16 11 Household Appliance Store P P P P P P £ 11 Home Furniture or Furnishings Store P P P P P P £ 11 Jewelry Store S S P P P P P P £ 16 11 Lawn and Garden Supplies P P 11 Lawnmower Sales and Services P P 11 Luggage or Leather Goods Store P P P P P P £ 11 Lighting Fixtures Store P P P P P P r 11 Liquor Store S S P S S S ~ 11 Page 12 of 48 Lumber and Building Materials Store P 11 Mobile Food Vendors P £ * N/A Monument Sales P 11 Motorcycle Dealer S P £ 9 11 Newsstand S S P P P P P P P £ 16 11 Office Supplies S S P P P P P P £ 16 11 Paint Glass and Wallpaper Store P P P P P P 11 Pet Sales or Grooming Services P P P P P P £ 11 Plant Nursery or Greenhouse P P 11 Plumbing Shop P P 11 Poultry, Meat or Seafood Market P P P P P P £ 11 Recreational Vehicle Dealer S 9 11 Restaurant, Accessory S S S £ 16 N/A Restaurant, Convenience S S £ 4a 7 Restaurant, General S S S S S S S £ 4b 7 Restaurant, Walk up S S S S S S .e 4c 7 Sewing, Needlework or Piece Goods Store P P P P P P 11 Shoe Store P P P P P P .e 11 Sporting Goods Store P P P P P P .e 11 TeaRoom P P P P .e 12 Tobacco Shop S S P P P P P P P .e 16 11 Used Merchandise Store: Antiques P P P P P P .e 11 Used Merchandise Store: Consignment Goods S S S S S S ~ 6 11 Page 13 of 48 Used Merchandise Store: Secondhand Goods S S 6 11 Used Merchandise Store: Vehicle Parts S 6 11 Variety Store P P P P P P £ 11 Wholesale Sales and Storage P 13 1 2 * Revised January 15, 1991 by Ord. No. 3-91-1468 under section 15-63, miscellaneous provisions, South 3 Miami Code of Ordinances (see text at end of table). 4 ** Parking requirement category; 1 space per 300 sq. ft. gross floor area. 5 ZONING DISTRICT T T T T T 0 0 0 0 0 USE TYPE M D D D D D C P R L M N S G U D D D D D H P P .Q 0 A 0 0 0 R R R A I R .s. N R H M M L P P D K U U I I R 4 5 4 TRANSPORTATION, WAREHOUSING AND COMMUNICATIONS Radio and TV Broadcasting Station P P P P P P P P £ 12 Bus, Transit or Taxi Tenninal P P P P P 12 Food Storage Locker 12 Material Storage Yard 12 Parking Lot, Commercial P P P P P P P P £ Storage Garage 14 Transfer and Moving Company 14 Vehicle and Truck Storage 14 Public Warehousing and Storage 14 6 Page 14 of 48 MANUFACTURING AND INTENSIVE USES Apparel Products P 14 Cabinet Making and Millwork P 14 Food Products (no abattoir or distillery) P 14 Furniture and Fixtures P 14 Machine Shop P 14 Ornamental Metalwork Shop P 14 Paint and Allied Products P 14 Printing, Publishing or Bookbinding P 14 Sign Painting and Lettering Shop P 14 Stone Cutting and Processing P 14 Tire Vulcanizing and Retreading P 14 Upholstery Shop P 14 1 2 3 Section 3. Section 20-3.3 of the City's Land Development Code is hereby amended to add a new 4 subsection (F) and to read as follows: 5 6 7 8 9 10 11 12 13 14 15 16 17 (F) Outdoor Seating/Dining Within the Downtown SoMi (DS) Zoning District. (1) Outdoor seating and dining or a Sidewalk Cafe on private property within the Downtown SoMi (DS) district is permitted upon approval of an outdoor seating site plan filed with and subject to administrative approval by the City Manager. The application for such administrative site plan approval shall include a layout (site plan) of the location of all tables, chairs (including number and type of chairs), benches, and other furniture; pedestrian ingress and egress; location of refuse containers; location of approved outdoor speakers; and other elements necessary to illustrate the proposed outdoor seating/dining use and area (all drawings must be titled, indicate orientation, and be at an acceptable scale). If applicable, the site plan must clearly indicate which tables, chairs, benches, and other furniture are on private property versus within a public right- of-way. Outdoor seating/dining within private property shall be administratively approved by the Page 15 of 48 1 2 3 4 City Manager provided that there exists sufficient parking for said use and that accessibility and life safety standards are met, as based on adopted ordinances and building codes effective within the City. 5 (2) Outdoor seating/dining not located within private property and to be located within a 6 public right-of-way adjacent to and within the DS district shall be subject to the provisions of 7 Section 20-3.3(E), South Miami Land Development Code. 8 Section 4. Section 20-3.5 of the City's Land Development Code is hereby amended to read as 9 follows: 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 37 38 39 * * * (B) Nonresidential Districts. In nonresidential districts, except for the Downtown SoMi (DS) district, the minimum lot area and frontage, minimum yard setbacks, maximum floor area, maximum coverage and maximum building heights for permitted uses in each district shall be determined from the Dimensional Requirements Table for nonresidential districts (Section 20- 3.5(G)). In the DS district the minimum lot area minimum yard setbacks, maximum floor area, maximum building coverage and maximum building heights for permitted uses in the district shall be determined from the Dimensional Requirements Table for the DS district (Section 20- 3.5(1». (C) Dimensional Requirement Tables. (1) The use ofland and the erection of buildings and other structures on land shall be subject to the dimensional requirements ofthe applicable zoning district, as reflected on the four tables labeled "Dimensional Requirements, Single-Family Residential Districts, One-Story" (Section 20-3.5(E)) or "Dimensional Requirements, Single-Family Residential Districts, Two-Story" (Section 20-3 .5(H)+), "Dimensional Requirements, Multi-family Districts" (Section 20-3.5(F))~ aBEl-"Dimensional Requirements, Nonresidential Districts" (Section 20-3.5(G)) and "Dimensional Requirements, Downtown SoMi District" (Section 20-3.5(1)). (2) There shall be no variation or deviation from such dimensional requirements except where expressly allowed by this Code. (3) Minimum and maximum dimensional requirements for permitted uses within a PR or PI use district shall be the same as those listed in the following tables for uses within the most restrictive use district located adjacent to the subject PR or PI property. Page 16 of 48 1 2 * * * 3 Section S. Section 20-3.5 of the City's Land Development Code is hereby amended to add a new 4 subsection (I) to read as follows: 5 6 7 8 9 10 Min. Lot Area Net Max. Building Coverage % Building Coverage Max. Floor Area Ratio (F.A.R.) Section 20-3.5(1) DIMENSIONAL REQUIREMENTS DOWNTOWN SoMi DISTRICT 5.00 Acres Min. Open Space Requirements a % Open Space Max. Impervious Coverage b % Impervious Coverage Density 65 du/acre max. a. Front h. Side c. Rear Page 17 of 48 Max. Stories 4 Stories 17 Stories N/A Max. Building Height 70'-0" 195'-0" 95'-0" Between Buildings 10' Wall without 10' Wall without 10' Wall without Windows; 30' Windows; 30' Wall Windows; 30' Wall Wall with with Windows with Windows Windows 1 2 a. Open Space shall be calculated in accordance with Section 20-12.9(A). 3 b. Impervious Coverage shall be calculated as a percentage of site open space in accordance with Section 4 20-12.9(C). 5 Section 6. Section 20-3.6 of the City's Land Development Code is hereby amended to read as 6 follows: 7 8 20-3.6 -Supplemental Regulations. 9 * * * 10 (D) Impervious Coverage. The maximum amount of total site area which may be covered by 11 all uses requiring impervious ground cover shall not exceed that amount set forth in the 12 Dimensional Requirements tables in Section 20-3.5 and include, but not be limited to, structures, 13 streets, alleys, driveways, pedestrian ways, parking areas, tennis courts,patios and swimming 14 pools. Within the Downtown SoMi CDS) district impervious coverage shall be calculated as a 15 percentage of total site open space in accordance with Section 20-12.9(C), South Miami Land 16 Development Code. 17 Section 7. Section 20-4.3 of the City's Land Development Code is hereby amended to read as 18 follows: 19 20 21 22 23 24 25 26 27 28 29 30 20-4.3 -Sign regulations. * * * (B) Applicability and Definitions. No sign, unless herein excepted, shall be erected, constructed, posted, painted, altered or relocated, until a permit has been authorized and issued by the BuildiRg aDd Planning and Zoning Department pursuant to this Code and the required submittals in Section 20-4.3(J). Signs in all zoning districts, except for PUD and Downtown SoMi districts, shall be subject to the regulations in this section. Permitted sign regulations for PUD and Downtown SoMi districts are referenced in those sections of this Code. Words and phrases used in this section shall have the meanings set forth below. * * * Page 18 of 48 1 Section 8. Section 20-4.5 of the City's Land Development Code is hereby amended to read as 2 follows: 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20-4.5 -Landscaping and tree protection requirements for all zoning districts. * * * F. Landscape Requirements. The following standards shall be considered the minimum requirements unless otherwise indicated: * * * (4) Site Trees. Tree permits or natural forest community vegetation removal permits are required prior to removal of trees, specimen trees, or any vegetation in a natural forest community, respectively, pursuant to 20-4.5.1. * * * (b) Minimum number of trees: The minimum number of trees required under Section 20-4.5 for landscape plan submittals shall be as follows: TABLE A Zoning Districts (and proposed districts) No. of Trees Required per Net Acre or Lot RS-l, RS-2 9 trees per acre of net lot area RS-3, RS-4, RS-5 3 per lot RT-6, RT-9, RM-18, RM-24, LO, MO NR, SR, GR, PI, H, TODD 28 trees per acre of net lot area 22 trees per acre of net lot area DS (Industrial) * Per the Site Tree requirements set forth under Section 20-12.10 15 trees per net acre of lot area * * (d) In addition to the number of trees indicated in Table A, additional trees (street trees) may be required as provided in the previol:ls Sl:lb sSection 20-4.5.1(0), entitled Street Trees. * * * Page 19 of 48 1 2 3 4 5 6 (5) Shrubs and Hedges minimum standards/or size, number and variety. * * * (e) Shrubs and Hedges in the Downtown SoMi (DS) district shall be governed by the Shrub and Hedge requirements set forth under Section 20-12.10. * * * 7 Section 9. Section 20-4.5.1 of the City's Land Development Code is hereby amended to read as 8 follows: 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 37 Sec. 20-4.5.1-Tree protection. A. Tree Permit Applications, Requirements and Review, Fees. Except as provided herein, no tree may be removed relocated, trimmed or pruned without a permit and mitigation as provided for in this section which may be issued or denied notwithstanding any recommendation to the City Manager for approval by the Environmental Review and Preservation Board. Only the City Commission may approve the removal, relocation or replacement of a heritage or champion trees. A tree in a landscape plan, planted to provide temporary shade until adjacent trees reach maturity may be designated as a "temporary shade tree", and which may be trimmed back or removed at such time as the surrounding trees require additional access to sunlight. * * * (8) In the Downtown SoMi (DS) district, replacement plantings which meet the quality and size standards outlined in this section may also count toward the Site Tree requirement contained in Section 20-12.10, South Miami Land Development Code. * * * M. Tree Mitigation Value. This tree value mitigation chart shows the following values which are intended to be minimum levels of replacement for each size of tree removed. This chart and/or the values in the chart may be amended by the City's Fee Schedule from time to time. * * * For every five hundred (500) square feet of canopy removed or part thereof, a hardwood tree replacement of at least twelve (12) feet tall is required or for every three hundred (300) square feet of canopy removed or part thereof, a hardwood tree replacement of at least eight (8) feet tall is required. Alternatively, a minimum level of financial contribution of five hundred dollars ($500.00) or one dollar and five cents ($1.05) per square foot of canopy, whichever is greater, is required in lieu of replacement plantings. The above formula approximates the following example: Page 20 of 48 1 2 3 4 5 6 7 8 9 10 For every five handred (500) Sqaare feet of eanopj' removed, a harovfood tree replaeement of at least twelve (12) feet tall woald be reqaired. For instance, if two thousand three hundred (2,300) square feet of tree canopy were removed, the replacement requirement would be four (4) 12-foot tall trees and one (1) 8-foot tall tree~ or at the minimam level of finaneial eontribation, at five fl.aBdred dollars ($500.00) or OBe dollar and five eeBts ($1.05) per sqaare foot ofeanopj', whiehe>/er is greater. ill lieu of replacement plantings, +!his example would require a finanCial contribution in the minimum amount of two thousand five hundred dollars ($2,500.00) in finaneialeontribatioB. * * * o. Street Trees. * * * 11 (23) Street Trees in the Downtown SoMi (DS) district shall be governed by the street tree 12 requirements set forth under Section 20-12.10. 13 Section 10. Section 20-5.11 of the City's Land Development Code is hereby amended to read as 14 follows: 15 16 20-5.11 -Site plan review approvals. 17 18 19 20 21 22 23 24 * * * (D) . Review Exceptions. Notwithstanding any other regulations of this Code, the environmental review and preservation board shall not review any additions or alterations to single family residential dwellings, except for the installation of sidewalks along all arterial roadways and compliance with the city's sidewalk policies and requirements. The environmental review and preservation board shall not review illitial Site Plans within the Downtown SoMi (DS) district nor any Major or Minor Changes made to approved illitial Site Plans within the DS district. * * * 25 Section 11. Section 20-6.1 of the City's Land Development Code is hereby amended to read as 26 follows: 27 28 20-6.1 -Administrative entities. 29 (A) City Commission. 30 * * * 31 (2) Powers and Duties. 32 * * * 33 (e) The City Commission may: 34 * * * 35 vi. Authorize special uses; and 36 Page 21 of 48 1 2 3 4 5 6 7 8 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 (B) (C) vii. Make final judgment on appeals of administrative decisions~; Vlll. Review and recommend approval, disapproval or modification on all Initial Site Plans and Major Changes within the Downtown SoMi (DS) district; ix. Review and recommend approval, disapproval, or modification on all Master Signage Plans within the DS district; and x. Review and recommend approval, disapproval, or modification on all sign permit applications not substantially conforming with an approved Master Signage Plan within the DS district. * * * Planning Board. (3) * * * Powers and Duties. * * * (i) The Board shall review and provide comments for the City Commission's consideration regarding Initial Site Plans within the DS district pursuant to Section 20-12.13(A). The Board shall also review and make recommendations on Major Changes to Initial Site Plans within the DS district pursuant to Section 20- 12.l4(A). CD The Board shall review and make recommendations on Master Signage Plans within the DS district pursuant to Section 20-12.15(C). The Board shall also review and make recommendations on sign permit applications not substantially conforming with an approved Master Signage Plan pursuant to Section 20- 12.l5(D)(2)(b). * * * Environmental Review and Preservation Board. (3) * * * Powers and Duties. * * * (b) Except within the DS district, +the board shall review and recommend approval, disapproval or modification on all site plans, projects and specifications as required under the board's mandatory review pursuant to this Code. Page 22 of 48 1 2 3 4 5 6 7 (c) Except within the DS district, +1he board shall review the scale, color, texture and appropriateness of all proposed buildings, additions, and other structures; the quantity, quality and arrangement of all proposed landscaping and open space features; and the overall compatibility of the proposed development with the existing character of the neighborhood. * * * 8 (h) The Environmental Review and Preservation Board shall not review Initial 9 Site Plans within the DS district nor any Major or Minor Changes made to 10 approved Initial Site Plans within the DS district. 11 Section 12. The City's Land Development Code is hereby amended to add a new Article XII that 12 shall read as follows: 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ARTICLE xn. -DOWNTOWN SoMi DISTRICT REGULATIONS 20-12.1 Intent. The Downtown SoMi (DS) district is intended to provide for the establishment of place-making development that is urban in scale. This district authorizes a mixture of uses, densities, intensities, and heights that contribute to a vibrant urban experience within walking distance to rail-based rapid transit. Permitted uses and structures on both a temporary and permanent basis include retail, restaurant, residential, hotel, office, entertainment, theaters and attractions, permanent and nonpermanent kiosks, active rooftop uses and those uses reasonably accessory thereto. To accommodate shifting market conditions, it is the express intent of the DS district regulations to allow flexible changes in an approved development program between and among permitted uses through the standards established for Major and Minor Changes in Section 20-12.14. Permitted heights in the DS district shall be up to 195 feet and defined in Section 20-12.8, South Miami Land Development Code. The permitted Floor Area Ratio (F.A.R.) shall be up to 3.0 and shall only apply to non-residential structures. Permitted residential density shall be up to 65 dwelling units per acre. Hotel uses within this district shall be deemed part of the commercial intensity and shall not be counted for purposes of calculating residential density or intensity. For the avoidance of doubt, residential uses shall not count towards F.A.R. and commercial uses (including hotel uses) shall not count towards residential density. To promote an active, urban, and vibrant pedestrian experience, outdoor seating as a convenience for tenants and guests and as an accessory to restaurants, cafes and similar uses shall be encouraged within the DS district. Page 23 of 48 1 2 3 4 5 6 7 8 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 37 Land may be zoned DS if it satisfies all of the following requirements: (1) the area of the land so zoned is ten (10) acres or less but exceeds five (5) acres; (2) a portion of the land so zoned is adjacent to a principal arterial roadway; (3) a portion of the land so zoned is adjacent a minor arterial roadway; and (4) a portion ofthe land so zoned is within fifteen hundred (1500) feet radius of an existing rail-based transit station. This district is appropriate ill areas designated "Downtown SoMi" on the City's adopted Comprehensive Plan. 20-12.2 Boundaries. The DS district is generally south of principal arterial US 1/South Dixie Highway, west of minor arterial SW 57 AvenueIRed Road and north of minor arterial SW 72 Street/Sunset Drive, and is more specifically delineated on the City's Official Zoning Map with the symbol "DS". 20-12.3 Applicability. The requirements of this Article shall apply to all development within the DS district and in case of conflict, the provisions of this Article shall control over other requirements of the Code, Ordinances, Land Development Code and· all other regulations of the City of South Miami. 20-12.4 Floor Area Ratio (F.A.R). For the purposes of the DS district, the permitted F.A.R. shall be up to 3.0 and shall mean a land intensity measure expressed as the ratio between the number of square feet of gross floor area within non-residential structures (including hotel uses) on a lot and the total square footage of the lot. F.A.R. is derived by dividing the gross floor area of non- residential structures by gross lot area. Hotel uses within this district shall be deemed part of the commercial intensity and shall not be counted for purposes of calculating residential density or intensity. Gross floor area shall mean the total horizontal area of the several floors of a building, measured from the exterior faces of exterior walls or from the centerline of walls separating two attached buildings. In particular, gross floor area shall include all spaces designed or intended for: (A) Any permitted use or activity. (B) Interior halls, balconies or mezzanines. (C) Completely enclosed terraces, breezeways or porches. (D) Accessory buildings or structures. (E) Attics or basements (with headroom of seven (7) feet or more). (F) Permanent enclosed, air-conditioned kiosks. However, gross floor area shall not include space used for: Page 24 of 48 1 2 3 4 5 6 7 8 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 (G) Enclosed off-street parking spaces. (H) Accessory water tanks, chillers or cooling towers. (I) Uncovered steps and exterior balconies. (J) Open terraces, breezeways or porches. (K) Attics non-habitable structures above the roof slab, and basements. (L) Service Areas (mechanical, electrical and communication equipment rooms or spaces). (M) Elevator shafts or stairwells at each floor. (N) Enclosed means of egress corridors. (0) Rooftop uses including pools and open-air restaurants, bars, and cabanas. (P) Outdoor seating areas and nonpermanent open-air kiosks. (0) Residential uses. 20-12.5 Residential Density. For the purposes of the DS district, the permitted residential density shall be up to 65 dwelling units per acre. Hotel uses shall not be counted for purposes of calculating residential density and intensity, but rather shall be included as part of commercial intensity. 20-12.6 Permitted Uses. Permitted Uses are as expressly provided by these DS district regulations, including those additional uses listed in the Permitted Use Schedule in Section 20-3.3(D), and also include hotels, outdoor dining/seating and rooftop uses. 20-12.7 Grandfathering. All existing legal uses and structures established prior to the enactment of these DS district regulations shall be deemed to be lawful, conforming, and permitted uses and structures. Legally nonconforming uses and structures within the DS district shall be subject to the provisions of Section 20-4.8, South Miami Land Development Code. 20-12.8 Permitted Heights. The DS district encourages a variety of heights and mas sings. The DS district is divided into two height zones: the Gateway Zone and the Village Zone. The maximum permitted height within the Gateway Zone shall be 195 feet and the maximum permitted height within the Village Zone shall be 70 feet. For structures located primarily within the Gateway Zone, height shall be measured from the average elevation of the crown of the abutting principal arterial roadway at the time of adoption of the DS district regulations to the roof slab above the highest habitable floor. For structures located primarily within the Village Zone, height shall be measured within the Village Zone at the time of adoption of the DS district regulations to the roof slab above the highest habitable floor. Page 25 of 48 1 2 3 4 5 .6 7 8 9 10 11 For purposes of calculating height, elements and features, including, but not limited to, vertical circulation elements (such as stairs and elevators), illumination elements, chillers, mechanical space, mechanical structures, architectural features, parapets, communications equipment, and solar panels, attached to or serving structures, may exist above said slab and are not to be counted toward height. Notwithstanding the foregoing, the height of these elements and features shall not exceed 20 feet in height above the roof slab above of the highest habitable floor. The location and dimensions of the Gateway Zone and Village Zone are illustrated in the diagram that follows: ,J ~I II (I ! ,( I I l L--' I rl,l c:::::= i ~ ~j-L.:.._) VILLAGE ZONE 70'-0" Page 26 of 48 , .. 1\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 48 29 30 31 32 33 34 35 36 37 38 39 40 The diagram set forth above does not apply to structured parking located within the DS district. Regardless of Zone, structured parking within the DS district shall be permitted to a maximum height of 95 feet measured from the lowest existing finished floor elevation within the Village Zone, at the time of adoption of the DS district regulations, to the roof slab above the highest elevated parking deck. For purposes of calculating the height of structured parking, vertical circulation elements (such as stairs and elevators), illumination elements, mechanical elements, architectural features, parapets, solar panels, and communication elements, attached to or serving structured parking, may exist above said slab and are not to be counted toward height. Notwithstanding the foregoing, the height of these elements and features shall not exceed 35 feet in height above the roof slab above the highest elevated parking deck. 20-12.9 Open Space, Building Coverage and Impervious Coverage. (A) Open Space. Open space shall refer to that part of a lot, including courts, pedestrian passages and yards, which is open and accessible to the public on the lot without restrictions except as may be required for safety. Open space includes ground level or second level spaces, landscaped and/or paved. Not more than ten percent (10%) of any required open space shall be water area. (B) Building Coverage. Building coverage includes outdoor area covered by a structure that is open to an improved public or private street. These spaces include covered pedestrian passages such as breezeways or paseos. (C) Impervious Coverage. The maximum amount of ground level open space which may be covered by all uses requiring impervious ground cover shall not exceed ninety percent (90%) of site open space. Impervious ground cover shall include streets, alleys, driveways, pedestrian ways, parking areas, patios, and swimming pools. 20-12.10 Landscaping. Landscaping and tree protection requirements within the DS district reflect the district's urban scale and as-built condition and shall be subject to the provision of Section 20-4.5, South Miami Land Development Code, except as expressly set forth in this section. Landscaping requirements within the DS district shall reflect the district's urban scale and as-built condition. (A) Site Trees. (1) Minimum number of Site Trees. The minimum number of Site Trees required under Section 20-4.5 for landscape plan submittals shall be eight (8) Site Trees per acre of net lot area or thirty-four (34) Site Trees per acre of required open space. Page 27 of 48 1 2 3 4 5 6 7 8 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 37 38 39 (2) Size and Type of Site Trees. Site Trees shall be of a species typically grown in Miami-Dade County. Thirty-five percent (35%) of the required trees andlor palms shall be native species. (a) Trees. Site Trees shall be a minimum of ten (10) feet high and have a minimum caliper of two (2) inches at time of planting except that thirty percent (30%) of the Site Tree requirement may be met by native species with a minimum height of eight (8) feet and a minimum caliper of one and one-half (11/2) inches at time of planting. (b) Palms. Palms which meet the following requirements shall count as a required Site Tree on the basis of one (1) palm per tree. (i) Minimum canopy of fifteen (15) feet spread at maturity. (ii) Provided at an average maximum spacing of twenty- five feet (25) feet on center. (iii) Fourteen (14) foot ffilllimum overall height or minimum caliper of four (4) inches at time of planting. (3) It is provided however that queen palms (Syagrus romanzoffiana) shall not be allowed as Site Trees. (4) No more than forty-five percent (45%) of the minimum Site Tree requirements may be met by palms. (B) Street Trees. Street Trees shall be planted along the sides of all streets within a development and on the development side of any contiguous street. (1) Minimum Number of Street Trees. Street Trees shall be planted for every fifty (50) feet of street frontage. The following shall be subtracted from the linear feet of street frontage for the purposes of calculating the number of required Street Trees: (a) Widths of driveways: (b) Widths of fire lanes: Page 28 of 48 1 2 3 4 5 6 7 8 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 (c) Lengths of frontage containing colonnades or arcades open to the public which are located within four (4) feet of the edge of the roadway; and (d) Lengths of frontage with Florida Department of Transportation (FDOT) impingement up to the property line. (2) Spacing of Street Trees. In no case shall trees of species with spreading crowns (e.g., live oaks) be spaced closer together than twenty-five (25) feet or shall trees of any species be spaced farther apart than fifty (50) feet. Street frontage exempt from this spacing requirement includes: (a) Areas of frontage excluded from the calculation of the minimum number of Street Trees; and (b) Areas of frontage adjacent to loading zones. (3) Size and Type of Street Trees. Street Trees shall be of a species typically grown in Miami,;,Dade County. Fifty percent (50%) of the required trees and/or palms shall be native species. (a) Trees. Trees which meet the following requirements shall count as a required Street Tree: (i) Normally mature to a height of at least twenty (20) feet. (ii) At time of planting, Street Trees shall have a clear trunk of four (4) feet, an overall height of twelve (12) feet and a minimum caliper of two (2) inches at time of planting. (b) Palms. Palms which meet the following requirements shall count as a required street tree on the basis of one (1) palm per tree. (i) Minimum canopy of fifteen (15) feet spread at Page 29 of 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 maturity. Cii) Provided at an average maximum spacing of twenty- five feet (25) feet on center. (iii) Fourteen (14) foot Inlmmum overall height or minimum caliper of four (4) inches at time of planting. (iv) It is provided however that queen palms (Syagrus romanzoffiana) shall not be allowed as Street Trees. (v) No more than twenty-five percent (25%) of the minimum Street Tree requirements may be met by palms. (4) Placement and Planting of Street Trees. (a) Street Trees shall be high quality shade trees or qualifying palms and shall be planted in tree lawns with a minimum width of eight (8) feet, or within tree wells with minimum four-foot by four-foot surface openings. (i) Tree wells may be enclosed with pavers or other hardscape materials above the required rootzone volume. The landscape architect shall present a recommendation regarding the need for the installation of an aeration system necessary to conduit water and oxygen to the roots of trees within tree wells. (b) Where possible, Street Trees shall be planted between the street and the public sidewalk. Street trees may be planted between the sidewalk and adjacent buildings only where the location of existing or proposed utility lines along the street, or the clear zone requirements of the public works department or other maintaining agency, prevent the location of trees between the street and sidewalk. Where Street Trees are approved to be planted between the sidewalk and adjacent buildings, the trees may be located as close as five (5) feet away from building face. (0 When trees are requested by a property owner to be planted within the right-of-way, the requesting property owners shall execute a covenant provided by the City to provide for the maintenance of such trees subsequent to planting. Where the State, County, or municipality determines that the planting of trees and other landscape material is not appropriate in the public right-of- Page 30 of 48 1 2 3 4 5 6 7 8 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 37 38 . (C) way, they may require that said trees and landscape material be placed on private property. (m Street Trees may be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way obstructions as determined by the Public Works Department or the appropriate authority within the municipality. The City may require root barriers as per City rules. (iii) Where trees are planted on private property, they shall be placed within seven (7) feet of the edge of the dedicated right-of- way or within seven (7) feet of the edge of the roadway and/or inside edge of a sidewalk on private roads and shall be maintained by the private property owner such that the trees do not interfere with the activities of the right-of-way. (c) On-street parking spaces may be located between Street Trees, as long as the required number of trees are planted along the street frontage, and the minimum rootzone volume is provided for each tree. (d) A minimum ten-foot separation shall be provided between Street Trees and street stormwater inlets, except where bioretention inlets that incorporate trees are utilized. (e) Where the required Street Trees would overlap with trees that are required to satisfy perimeter landscaping requirements for vehicular use areas, only the requirements for the vehicular use area must be met. (f) The reviewing board, or the city manager or designee, may require the adjustment of the prescribed build-to line in order to accommodate the required Street Trees and ensure that the trees will meet separation requirements from utility lines, buildings, and paved areas. Shrubs and Hedges . (1) Shrubs shall be provided at a ratio of three (3) per required Site Tree. All shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Page 31 of 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (2) When used as a visual screen, buffer, or hedge, shrubs shall be planted, as required under Section 20-4.5(F) and Section 20-4.5(G), at a maximum spacing of thirty (30) inches on-center, or if planted at a minimum height of thirty-six (36) inches, shall have a maximum, average spacing of forty-eight (48) inches on-center and shall be maintained so as to form a continuous, unbroken, and solid visual screen within a maximum of one (1) year after time of planting. (3) Shrubs and hedges shall not necessarily be of the same species. (4) Thirty percent (30%) of required shrubs and hedges shall be native species. 20-12.11 Dimensional Standards. Dimensional standards are as expressly provided herein, including those listed in Section 20-3.5(1), Dimensional Requirements Downtown SoMi District. 20-12.12 Mobility Management and Parking. This section shall be the sole and exclusive series of regulations governing parking and vehicular access management within the DS district. (A) Vehicular P,arking Dimensional Design Standards. (1) Vehicular Parking Spaces: Shall conform to the minimum requirements contained in the Minimum Parking Space Dimensions table and Typical Parking Stall and Aisle Dimensions diagram below: Page 32 of 48 1 Minimum Parking Sl!ace Dimensions Angle of Minimum Curb Length Stall Aisle Parking Stall Width Per Stall Del!th Width Parallel 8.5 feet 20 feet 8.5 feet 12 feet 30° 8.5 feet 18 feet 19.5 feet 11 feet 45° 8.5 feet 13 feet 20 feet 13 feet 60° 8.5 feet 10.5 feet 21 feet 18 feet 90° 8.5 feet 8.5 feet 18 feet 21 feet 2 3 Page 33 of 48 , I ~b'-1_' I i ';>. i ~I ~I , ~I I I -t I I i rpl : I i ~! I ~i , i I ~! +- : I I I I . ! ~I ! ~i I , i '1' -1'- Typical Parking Stall and Aisle Dimensions TYPICAL ADA PARKING ~ LWHEfiSTOP, 1\'1'. ~ & ~ 12'-0" ~ 5'-0" L 'I 'I TYPICAL PARA11£LADA PARKING TYPICAL TANDEM PARKING ~ ~ !:::p, 1\'1'. ""--WHITE STRIPING. 1\'1'. 4" frY!>, _? 8'-6" L 8'-6" L 8'-6" l '( '( 'I Curb length ~ Parallel Parking 1'-'1 I I I !---a:5ft--j- _____ A_isl_e _____ h 12 ft ~0.5 ft 30· Parking Page 34 of 48 30· Space depth 19.5 ft 11ft 19.5 ft SO ft 1 2 3 4 5 6 7 8 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 37 (2) Valet !Residential Tandem Space: Shall be a minimum eight-and-a-half (8.5) feet in width by thirty-two (32) feet in depth. (3) Parking Space Lift: Shall be a minimum of eight-and-a-half (8.5) feet in width by eighteen (18) feet in depth with a minimum vertical clearance of 10-and- a-half (10.5) feet. (4) Handicapped Spaces: Shall be provided as required by the· Florida Building Code (FBC) and in accordance with The Americans with Disabilities Act (ADA). (B) Vehicular Parking Space Requirements. Parking within the DS district shall reflect the district's urban scale, mixture and allocation of new and existing uses, proximity to rail-based rapid transit, pedestrian connectivity to the neighboring Hometown District, as well as the on-street and publicly accessible off-street parking resources that exist within the adjacent Hometown District. (1) Required Vehicular Parking Spaces. The required number of off-street vehicular parking spaces for a proposed development within the DS district shall be calculated using either one of the following methods: (a) (b) Standard Parking Analysis. The Unadjusted Parking Requirement shall first be calculated for each use category pursuant to Section 20-12.12(C). Next. the Transit Oriented Development Reduction shall be calculated for Residential, Hotel, and Office uses as provided for in Section 20- 12.12(D). Under the Standard Parking Analysis, the number of required off-street vehicular parking spaces for a development shall be equal to the sum of the Unadjusted Parking Requirement less the Transit Oriented Development Reduction. Shared Parking Study. As an alternative to the Standard Parking Analysis identified in paragraph (a) above, the number of required off-street vehicular parking spaces for a development may be Page 35 of 48 1 2 3 4 5 6 7 8 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 37 (C) , determined by an approved Shared Parking Study completed by a licensed professional engineer pursuant to Section 20-12. 12(El. (2) On-Street Spaces. On-street parking spaces adjacent to a lot or parcel shall count toward the off-street parking requirements for that lot or parcel~ a partial space longer than eleven (11) feet shall count as a full space. Unadjusted Parking Requirements. (1) Residential Uses. The Unadjusted Parking Requirement for Residential uses within the DS district shall be as set forth below: (a) Dwelling, Townhouse: Two (2) spaces per unit. (b) Dwelling, Multi-Family (Efficiency / Studio): One and a half (1.5) spaces per unit. (c) Dwelling, Multi-Family (1 + Bedroom): Two (2) spaces per unit. (2) Hotel Uses. The Unadjusted Parking Requirement for Hotel uses within the DS district shall be equal to one (1) space per hotel room. (3) Theater or Cinema Uses. The Unadjusted Parking Requirement for Theater or Cinema uses within the DS district shall one (1) space per every six (6) theater or cinema seats. (4) Retail. Restaurant. and Commercial Uses. The Unadjusted Parking Requirement for Retail, Restaurant and Commercial uses within the DS district shall be equal to one (1) spaces per every six hundred and fifteen (615) square feet of gross floor area dedicated to Retail, Restaurant and Commercial uses. (a) For the calculation of parking requirements, Retail, Restaurant and Commercial uses shall be defined as all approved permitted and special uses contained in the Permitted Use Schedule in Section 20-3.3(D) under the subheadings "Public and Institutional Uses", "Business and Professional Services", "Retail and Wholesale Trade", and "Transportation, Warehousing and Communications" except for the following use types: (i) Hotel or Motel~ (ii) Theater or Cinema~ and (iii) All use types defined as Office Uses III Section 20- 12. 12(C)(5)(a) below. (5) Office Uses. The Unadjusted Parking Requirement for Offices uses within the DS district shall be equal to one (1) space per every two hundred and fifty (250) square feet of gross floor area dedicated to Office uses. Page 36 of 48 1 2 3 4 5 6 7 8 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 37 38 39 40 41 42 43 (a) For the calculation of parking requirements Office uses shall be defmed as the following permitted and special uses contained on the Permitted Use Schedule in Section 20-3.3(D): Accounting and Auditing Services; Acupuncturist; Advertising Agency; Architectural Services; Building Contractors Office; Chiropractic Office or Clinic; Counseling Services; Dentist Office; Employment Agency; Engineering Services; Insurance Agency; Interior Decorator, Office Only; Investigative Services; Investment and Tax Counseling; Law Office; Learning Centers or Educational Facilities; ,Loan or Finance Agency; Market Research Services; Massage Therapist; Medical Office; Notary Public; Office, Business, or Professional; Opticians or Optical Goods, Office only; Personal Skills Instruction Studio; Physical Therapist; Planning and Zoning Consultant; Public Relations Services; Real Estate Agency; Tutorial Services; and Travel Agency. (D) Transit Oriented Development Reduction. The intent and purpose of this section is to recognize the DS districts proximity to rail based rapid transit. (1) The Unadjusted Parking Requirement of Residential, Hotel, and Office uses, within the DS district may be reduced by twenty percent (20%) for properties located within fifteen hundred (1500) feet of rail-based rapid transit. Distances shall be measured along the pedestrian pathway between the nearest pedestrian access point for the subject property and the transit station. (E) Shared Parking Study. The intent and purpose of this section is to recognize the complementary synergy that exists between and among different uses within a mixed-use development. Specifically, a peak time for parking one use may occur at a different peak time from other uses. A mix of uses also provides the opportunity for persons to live proximate to their work, further reducing the demand for parking. (1) The number of required vehicular parking spaces for a development may be determined by an approved Shared Parking Study completed by a licensed ' professional engineer in accordance with the requirements of this section. A Shared Parking Study may be provided by an applicant during the Initial Site Plan application process detailed in Section 20-12.13 or as part of an application for a Major Change or Minor Change as detailed in Section 20-12.14. (2) The Shared Parking Study must be prepared using a professionally appropriate methodology, such as the Urban Land Institute (ULI) Shared Parking Methodology, detailing land uses in accordance with Institute of Transportation Engineers (ITE) parking generation categories. The Shared Parking Study must evaluate factors such as the type and quantity of each land use, modal split, ridesharing programs, transit availability, and transportation demand management. (3) The Shared Parking Study may utilize various adjustments for the reduction of parking spaces, including, but not limited to: (a) Monthly Activity Patterns. (b) Time-of-Day Patterns. Page 37 of 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 (c) Modal Split. (d) Noncaptive Market. (e) Other Proximate Parking Resources. (4) The Shared Parking Study shall be reviewed and approved by the City Manager. (F) Bicvcle Parking Program. The intent and purpose of this section is to encourage the use of bicycles as an alternative mode of transportation in and around the DS. district. A minimum of 1 bicycle parking space for every 35 required on-site vehicular parking spaces shall be provided. (G) Loading and Service. Minimum loading standards shall be required as shown in Section 20-4.4(M), except as modified below. (1) Residential Uses. Less than five hundred (500) units, minimum loading or unloading spaces shall be provided as indicated below: Berth Dimensions Twelve (12) feet wide by thirty-five (35) feet long Ten (10) feet wide by twenty (20) feet long Berth Size 420 sf Loading Berths One (1) per first 200 units One (1) per each additional 200 units or fraction of 100 units (2) Commercial Uses. From 40,000 sf to 700,000 sf of gross floor area, minimum loading or unloading spaces shall be provided as indicated below: Page 38 of 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Berth Dimensions Twelve (12) feet wide by thirty-five (35) feet long Twelve (12) feet wide by thirty-five (35) feet long Ten (10) feet wide by twenty (20) feet long Ten (10) feet wide by twenty (20) feet long Berth Size 420 sf Loading Berths One (1) per first 40,000 sf to 150,000 sf gross floor area One (1) per second 150,000 sfto 250,000 sf gross floor area One (1) per third 250,000 sfto 500,000 sf gross floor area One (1) per each additional 200,000 sf or fraction of200,000 sf gross floor area (3) The off-street loading spaceCs) can be shared in one location with a reduction ratio of 20% as long as a dock master is assigned to coordinate loading schedules. 20-12.13 Initial Site Plan Review and Approval Process. For purposes of this section, the term "Initial Site Plan" shall refer to the first site plan proposed for property regulated by these DS district regulations. Review and approval of the Initial Site Plan shall follow the procedures and requirements identified below: CA) Initial Site Plan Review Procedures. (1) Planning and Zoning Department Review. Upon receipt of a complete Initial Site Plan application, the Planning and Zoning Department shall review the application and submit its findings and recommendations to the Planning Board and City Commission together with its recommendations on the rezoning request, if any. (2) Planning Board. (a) Where an Initial Site Plan travels through the City's approval process together with proposed amendments to the City's Comprehensive Plan and/or land development regulations, the Planning Board shall review and provide comments for the City Commission's consideration regarding the Initial Site Plan and its proposed relationship to the proposed comprehensive plan amendment and proposed amendment to the City's land development regulations. (b) Where an Initial Site Plan is considered for lands zoned DS, the Planning Board shall review and provide comments for the City Commission's consideration regarding the relationship of the Initial Site Page 39 of 48 1 2 3 4 5 6 7 8 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 37 38 Plan to the existing comprehensive plan and existing land development regulations. (3) City Commission. The City Commission shall have direct authority to review and approve the Initial Site Plan concurrently with its review and approval of a rezoning to the DS District, if applicable. (4) Amendments. Amendments to the Initial Site Plan shall follow the Major Change and Minor Change processes and procedures identified in Section 20- 12.14, South Miami Land Development Code. (B) Initial Site Plan Application Requirements. The Initial Site Plan submissions shall contain, but not be limited to, the following: (1) (2) . (3) (4) Existing Site Characteristics. (a) Property survey by registered surveyor; (b) Rights-of-way and easements; (c) Structures and uses; (d) Ownership Report. A report identifying all property ownership and beneficial interest within the boundaries of the proposed project, giving evidence of unified control of the entire area. The report shall state agreement of all owners or holders of beneficial interest to proceed with the proposed development according to the terms of the proposed Site Plan; and (e) Utility survey. Photographs of surrounding properties. Zoning districts. Existing Tree Survey. (5) Proposed Site Plan. It is recognized that the intent of the DS district regulations is to encourage creativity and flexibility in site design. It is further recognized that due to the scale and urban nature of development within the DS district, site planning can be a fluid exercise impacted by a host of dynamic market factors. In recognition of the foregoing, the proposed Site Plan submissions shall address the following: (a) Name, address and phone of owner and designer; (b) Property lines; (c) Rights-of-way and easements; (d) Structures and uses and locations; Page 40 of 48 1 2 3 4 5 6 7 8 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 37 38 39 40 41 42 43 44 45 (e) Parking spaces, access-ways, driveways, sidewalks, wheel stops and curbs; (f) Curb cuts and median openings; (g) Lighting and irrigation systems; (h) Fences and walls; (i) Loading docks and service space; (j) Storm sewers; (k) Dumpster/waste disposal locations; (1) Radius map; and (m) Dimensions. (6) Proposed Landscape Plan. The following landscaping information shall be submitted: (a) Proposed trees, shrubs, grass and other vegetation including their location, height. shape, SIze, and type by both common and botanical classifications. (b) Proposed berms, water courses and topographic features, including their location, height, size and shape. (c) Proposed landscape maintenance plan. (d) Tree disposition plan. (e) Tree mitigation plan. (7) Proposed Buildings and Structures. All proposed structures, fences and walls shall be shown in elevation drawings reflecting their location, size, height and construction material and generalized floor plans. (8) Tabular Summary. A tabular summary/legend, providing the existing and proposed project development program, F.A.R., residential density, commercial and hotel intensity and other information as required by the Planning and Zoning Department. shall be submitted. Page 41 of 48 1 2 3 4 5 6 7 8 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 37 38 39 (9) Conceptual Signage Palette. Prior to the first building permit, the applicant for site plan approval shall provide a Master Signage Plan in accordance with Section 20-12.15, South Miami Land Development Code. (10) Traffic Access and Impact Study. A stUdy evaluating the impact of traffic from the proposed project in accordance with Section 20-4.l(D), South Miami Land Development Code. (11) Pedestrian and Vehicular Circulation. (12) Construction Phasing Plan. (13) Proposed Exterior Finishes and Materials. (14) Renderings. (15) Optional. Context studies. (16) Optional. Economic Impact Statement. (C)' Site Plan Expiration. Final approval by the City Commission shall lapse one (1) year after the approval is rendered if no application for a building permit or demolition permit has been filed with the City. A legal, administrative, or judicial challenge to the Site Plan shall toll all time frames until the resolution of the challenge, including appeals. Notwithstanding the foregoing the City Manager or City Commission may extend the approval for one (1) additional year or for some other amount oftime as appropriate under the circumstances. 20-12.14 Final Plans/Administrative Amendments. Any project to be developed within the DS district shall be generally developed in substantial conformity with an approved Site Plan. It is understood that plans may need to be modified subsequent to approval of the Initial Site Plan. A change that is not substantially in conformity with the approved Site Plan shall constitute a Major Change and one that is substantially in conformity shall be deemed a Minor Change. For purposes ofthis section, Major and Minor Changes are defined as follows: (A) Major Changes. A change or series of changes, which, either individually or cumulatively with other changes, increases the overall Floor Area Ratio (F.A.R.) or residential density (individually or combined) by five percent (5%) or more. For purposes of calculating the combined increases, a 3% increase in F .A.R. combined with a 3% increase in residential density shall constitute a combined change of 6%, thus constituting a Major Change. (1) An applicant for a Major Change shall schedule a preliminary conference with the Planning and Zoning Department. The Planning and Zoning Department shall accept the application, and formulate its recommendation for consideration by the Planning Board and the City Commission as applicable. The Planning and Zoning Department shall forward its recommendation to the Planning Board within sixty (60) days of its receipt of a complete application. Page 42 of 48 1 2 3 4 5 6 7 8 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 37 38 39 40 41 42 43 44 45 (2) An application for Major Change approval shall be heard by the Planning Board at a public hearing. The Planning and Zoning Department shall post, publish, and otherwise notice the public hearing. The Planning Board shall formulate its recommendation on the Major Change to the City Commission. (3) An application for Major Change approval shall be heard by the City Commission at a public hearing. The Planning and Zoning Department shall post, publish, and otherwise notice the public hearing. The City Commission shall have final review and approval authority on applications for a Major Change. (B) Minor Changes. A Minor Change shall be approved administratively provided such change is generally consistent with the design elements and material and color palettes contained within the controlling approved Site Plan. The applicant shall have the right to shift, reallocate, relocate, add, reduce and combine approved square footages, uses, buildings and structures within the Site Plan, and to make changes or a series of changes to the Site Plan during the course of development. provided that the proposed change, which, either individually or cumulatively with other minor changes does not: (i) increase the overall permitted F.A.R. or residential density (individually or combined) by five percent (5%) or more of what was authorized by the original Site Plan approved by the City Commission; (ii) increase the permitted height above what is allowed by this Article; or (iii) permit a new use not permitted as of right within the DS district. Adjustments to parking that arise from Minor Changes shall be deemed to be a Minor Change provided the applicant justifies the adjustment with a parking study submitted in accordance with the DS district regulations. Adjustments to color or material selection shall be deemed to be a Minor Change if the change is generally consistent with the approved material and color palettes. Changes to minor exterior architectural elements, features and materials shall also be deemed to be a Minor Change, including but not limited to changes in: dimensions of windows, doors, and balconies; material selection (type, texture, pattern, color); and store frontage. (1) An applicant for a Minor Change to an approved Site Plan shall schedule a preliminary conference with the Planning and Zoning Department to explain the proposed change and to present the proposed modified Site Plan. (2) Upon the Planning and Zoning Department's acceptance of a complete application for a proposed Minor Change to the approved Site Plan, it shall review the proposed changes for compliance with this Section. Upon confirmation of compliance, the Planning and Zoning Director (or hislher designee) shall recommend approval of the modified Site Plan to the City Manager. (3) Upon receipt of a recommendation of approval from the Planning and Zoning Department, the City Manager shall administratively approve the modified Site Plan. The City Manager shall then place a copy ofthe modified Site Plan and decision in the DS district file. Notice of the approval of the modified Site Plan by the City Manager shall be transmitted to the City Commission. (4) A fifteen (15) day waiting period shall apply for all Minor Changes. 20-12.15 Master Signage Plan. The intent of this section is to allow for the creation of a specialized and comprehensive signage plan for the DS district that reflects the districts unique character, size, urban scale, mixture of uses, and pedestrian connectivity. It is recognized that signs form an integral part of architectural building and site design and require equal attention in their Page 43 of 48 1 2 3 4 5 6 7 8 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 37 38 39 40 41 42 design, placement and construction. The Master Signage Plan approved in accordance with this section shall integrate with the overall site design, contribute to the unique character of the DS district, and maintain a harmonious and aesthetically pleasing visual environment that integrates with the character of the surrounding community. This section shall be the sole and exclusive series of regulations governing signage within the DS district. The DS district is not required to meet any other provision of Section 20-4.3, Sign Regulation, or any other signage provisions contained in the South Miami Land Development Code. Once approved, the Master Signage Plan shall govern the placement and operation of signage within the DS district. (A) Master Signage Plan Requirements. The Master Signage Plan shall include both a graphic plan and text to describe the intended design, erection and maintenance of signs within the DS district that face the public right-of-way. In recognition ofthe foregoing, the Master Signage Plan submission shall provide signage guidelines that address: (1) Size and dimensional standards; (2) Number, combination, location and orientation standards; (3) Lighting and illumination standards; (4) Material quality standards; (5) Optional. Standards for signs within private property, including those facing internal driveways and plazas. (B) Permitted Signage. All signage meeting the guidelines of an approved Master Signage Plan shall be permitted within the DS district. By way of illustration, but not limitation, the following types of signage are permissible within the DS district: wall signs (flat mounted, mounted letter, projecting blade signs, banners, flags), canopy signs (flat roof, awning), window and door signs, entryway embeds, menu boards (sidewalk signs), tenant address signs, anchor signs, monument signs, major identification signs, temporary signs, and permanent wayfmding, including retail center and parking signage. (C) Master Signage Plan Review Procedures. (1) The applicant for approval of a Master Signage Plan or amendment to an approved Master Signage Plan, shall schedule a preliminary conference with the Planning and Zoning Department to review the Master Signage Plan. The Planning and Zoning Department shall accept the Master Signage Plan, and formulate its recommendation for consideration by the Planning Board and the City Commission as applicable. The Planning and Zoning Department shall forward its recommendation to the Planning Board within sixty (60) days of its receipt of a complete Master Signage Plan. (2) Master Signage Plan approval shall be heard by the Planning Board at a public hearing. The Planning and Zoning Department shall post, publish, and otherwise notice the public hearing. The Planning Board shall formulate its recommendation on the Master Signage Plan to the City Commission. (3) Master Signage Plan approval shall be heard by the City Commission at a public hearing. The Planning and Zoning Department shall post, publish, and otherwise notice the public hearing. The City Commission shall have final review and approval authority on the Master Signage Plan. Page 44 of 48 1 2 3 4 5 6 7 8 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 37 38 39 40 CD) Sign Permit Application & Review Requirements. (1) Sign Permit Application Requirements. Permit applications for all signage fronting a public right-of-way shall contain the following: (2) (a) Surveyor an accurate site plan ofthe lot depicting the location of all public and private streets, existing signage locations, buildings, parking lots, driveways, and landscaped areas; (b) An accurate indication on the site plan of the proposed location of each proposed sign; (c) Properly dimensioned and scaled drawings and descriptions showing sign proportions, location of each sign on the building, color scheme, lettering or graphic style, material, lighting, and other information which depicts the proposed sign; (d) If needed, a completed building permit application and electrical permit application; and (e) Building permit and electrical drawings as required by the Florida Building Code. Permit Application Review Requirements. (a) Conforming Signage. Signs in substantial conformance with the guidelines of a Master Signage Plan approved by the City Commission shall be administratively approved by the Planning Director within thirty (30) days following t~e submission of a complete sign permit application. (b) Non-Conforming Signage. Signs not in substantial conformance with the guidelines of a Master Signage Plan approved by the City Commission shall be reviewed and approved as follows: (i) The applicant shall schedule a preliminary conference with the Planning and Zoning Department to review the sign permit application. The Planning and Zoning Department shall accept the. sign permit application and formulate its recommendation for consideration by the Planning Board and the City Commission as applicable. The Planning and Zoning Department shall forward its recommendation to the Planning Board within thirty (30) days of its receipt of a complete sign permit application. (m The sign permit application for a non-conforming sign shall be heard by the Planning Board at a public hearing. The Planning and Zoning Department shall post, publish, and otherwise notice the public hearing. The Planning Board shall formulate its recommendation on the sign permit application to the City Commission. Page 45 of 48 1 2 3 4 5 6 7 8 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 37 38 39 (iii) Approval of the non-conforming sign permit application shall be heard by the City Commission ata public hearing. The Planning and Zoning Department shall post, publish, and otherwise notice the public hearing. The City Commission shall have fmal review and approval authority on the sign permit application for a non-conforming sign. eE) Exceptions from the Sign Permit Application & Review Requirements. The following signage may be erected without a permit or review by the City, but shall comply with all structural and safety requirements of the Florida Building Code; however, all electrical installations and modifications may only be initiated upon issuance of a valid electrical permit. (1) Signage erected on private property, including those facing internal driveways and plazas, which do not face and are not substantially viewable from a public right-of-way; and (2) Signage exempt pursuant to Section 20-4.3(C), South Miami Land Development Code. (F) Prohibited Signs and Sign Characteristics. No sign shall be constructed, erected, used, operated or maintained which: (1) Blinks, flashes, or displays intermittent lights similar to or resembling flashing lights customarily associated with danger or customarily used by police, fire or other emergency vehicles. (2) Rotates, except for traditional rotating barber poles. (3) Uses the words "stop" or "danger" or implies the need or requirement for stopping; or which is a copy or imitation of an official sign. Prohibition of the words "stop" or "danger" does not apply in instances when such words are used in descriptive lines of advertising, so long as they are not used to copy or imply any official traffic warning. (4) Creates a blended background of colored lights with traffic signal lights which might confuse motorists when viewed from a distance of up to three hundred (300) feet. (5) Projects over any public street, sidewalk or alley in a single-family residential zoning district. (6) Is a snipe sign on either public or private property. (7) Is a balloon or blimp. (8) Is located on the roof, except for signs located on mansard or shed roofs where such signs are permitted. (9) Advertises products, services or establishments not available on premises. Page 46 of 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 (10) Is located on a back lit and translucent awning. (11) Is a hanging sign not providing adequate clearance above public walkways as required by the Land Development Code and the Florida Building Code. (12) Blocks egress, ingress, light or ventilation to a site. (13) Conveys the impression that property or structures can be used for purposes not permitted by this Code or other regulations. (14) Is portable or movable, including those signs that are tied down with metal straps, chaining or otherwise temporarily anchored to an existing structure or other similar method of anchoring, excluding permitted portable outdoor dining signs. (15) Is a sign painted or affixed in any manner to any vehicle, trailer or truck or similar transportable device and which is used to advertise a place of business or activity as viewed from a public right-of-way, except for: (a) Commercial vehicle signs when such vehicles are operational and used daily for delivery or service purposes such as food service, and not used or intended for use as portable signs; (b) Buses, taxis or similar common carrier vehicles which are licensed or certified by Miami-Dade County or other governmental agencies; and (c) Vehicles converted to permanent kiosks for retail or food and/or beverage sales. 21 Section 13. Codification. The provisions of this Ordinance shall become and be made part of the 22 Official Land Development Code of the City of South Miami as amended. 23 24 Section 14. Severability. If any section, clause, sentence, or phrase of this Ordinance is for any 25 reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 26 the validity of the remaining portions of this Ordinance or the Guidelines adopted hereunder. 27 28 Section 15. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts 29 of sections of ordinances in direct conflict herewith are hereby repealed. 30 31 Section 16. Effective Date. This Ordinance shall be conditioned on the enactment of an ordinance 32 creating Downtown SoMi (DS) future land use category ("text amendment") for the City's Comprehensive 33 Plan and on the enactment of an ordinance re-designating the property described herein as DS on the 34 Future Land Use Map:("map amendment") (collectively the text amendment and map amendment shall , 35 be referred to as a "small scale development amendment") and it shall thereafter become effective 31 36 days after adoption of the text and the map amendments, if unchallenged, otherwise, if either is 37 challenged, it shall become effective immediately after the state land planning agency or the 38 Administration Commission, respectively, issues a final order determining that the adopted small scale 39 development amendment is in compliance as provided by Chapter 163. 40 41 42 PASSED AND ENACTED this __ day of _____ --', 2017. Page 47 of 48 1 ATIEST: APPROVED: 2 3 4 CITY CLERK MAYOR 5 pt Reading 6 2nd Reading 7 8 9 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 10 LANGUAGE, LEGALITY AND Mayor Stoddard: 11 EXECUTION THEREOF Vice Mayor Welsh: 12 Commissioner Edmond: 13 Commissioner Harris: 14 Commissioner Liebman: 15 CITY ATIORNEY 16 17 Page 48 of 48 MIAMI DAILY BUSINESS REVIEW PubliShed Oany except Saturday, Sunday and Legal Holidays Miami, Miami-Dade County. Florida STATE OF FLORIDA COUNlY OF MIAM~ADE: Before the undersigned authority personally appeared MARIA MESA. who on oath says that he or she is the LEGAL CLERK, Legal Notices of U1e Miami Daily Business Review flkJa Miami Review. a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Rorida; that the attached copy of advertisement, being a legal Advertisement of Notice in the matter of NonCE OF PUBUC HEARING CITY OF SOUTH MIAMI-NOV. 6, 2017 in the XXXX Court. was published in said newspaper in the issues of 1012712017 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami, in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida each day (except Saturday. Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the fir.;t _ Publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any or corporation any discount. rebate, commission seaJring this advertisement for (SEAL)7'-- MARIA MESA personally known to me ,.,\\\lIIIIIII/llll ","':~~ERR ... ,;:1111.1. ~<$'r;'~.~;';"~ ~ ~ ... ~Oll~ ••• ~ ~ .. ~~~..,,~--~ I/So> ;';;\3'2>' '1* I ~~\ ~~..:~§ ~~ .. ~8~nde4~~~."~;:: ~.,.~ •• "'''.sn\nS'\) ••• ~:$'' ~ rp!::'--·~.O'< ~ :I'/III'':'DUC 5\""'-' ~~ ~/111,,"'III\l\\\\\\ . CITY OF SOUTH MIAMI NOTICE OF PUBUC HEARING NoncE IS· HEREBY giVen that the City Commission of the City of SOuth Miami, Rorida will ~nduct .Public Hearing{s) at a Special City Cpmmission ·meeting scheduled for Monday, November 6, 2017, beginning at 7:00 p.m., in ~ C"1ty Commission Chambers, 6130 Sunset Drive, to co~er the ·following item(s): . NOTE: Location Map applies to all items below An Ordinance .am.ending· the C~ of SoUth Miami Comprehensive PJc.In approving the aeation of the Do~wn So!'Ai (OS) land use. category in the Future LaJid Use Bement tor a Mixed-Use Project on The Shops at Sunset Place property.and as legally desaibed herein . An Orainance ProVidiri~ tor "a Smarl.:scale Map-:Ai-n'endment amendin~j". the City of South Miami Comprehensive Plan Future Land Use Plan Map from Mixed Use Commercial-·Residential· .(Four-Story)·to ·Elowntown SaMi (OS), (195 feet) on a 9.68-acre property known as The Shops at Sunset Place . aoo.as.~a1.,¥~~.h~in An orcitnimce pursuarlt to Section 20:.5.7 and other applicable ProvisionS of the City of South M'tami land Development Code c;teating ARTICLE XII. _ Ilown1own SoMi" (OS) IlisIrict ReguIaJions; modifyfr1g Section 2Q.l1.1 Zoning use dis1ricJs and·purposes (AI' and (6); modifying Section 2Q.a3(ll) _ Use Schedule; aea1ing SectiOn 20-3.3(F) OuJdoor Sea1ing/Dining Wl1hin 1he Downtown SaMi (DS) Zoning DisIricJ; modifying Section 20-3.5(6) and (e) Dimensio!1al requirements; creating Section 20-3.5(1) Dimensional ~ Ilown1own SoMi Dis1ricJ; modifying SecJion 2Q.3.6 SupplemenJaI reguJalions; mocflfying Section 20-4.3 Sign regulations; modifying Section .20-4.5 t.mi:Iscaping and !rea proJec:Jion requiremenJS' for aD zoning dislricJs; modifying Section 20-'4.5.1 Tree prc1ecIion;.mocflfying Section 20-5.11 SiIe plan review approvals; modifying Section 20-6..1 Administrative entities in order to effectuate a Mixed-Use Project on tile Shops at SUnset Place property as legally desaibed herein ,An Onimance pursuant to Section 20-5.7 and other applicable provisions of 1he Ci1y of Sou1h Miami.Land Development Code providing for a Map Amendment to 1he Ci1jI of Sau1h Miami Official Zoning Map from SpeciaI1y Ae1ai1 (SA) to·Downtown SaMi (DS) on a 9.68-acre·property known as The. Shops at Sunset Place and as legally described herein . An Ordinance, pursuant to Section 20-5.7 and .other apprlCable provisions .Of 1I1e Ci1jI of· Sau1h Miami Land Development' Code, providing for a Map :Amendment to·the City ot-South M"tami Official Zoning Map to remove the ,Hometown District· 0Vertay designation on a 9.68-acre. property known as ·The Sho~ at Sunset ~Iace :A Resolution pursuant to new ARTICLE XII Downtown SoMi District . Regulations and ARTICLE V Procedures and Applications and other applicable provisions of 1I1e City of South Miami Land .Development Code ·approving a request by FArr Shops at Sunset Place Fee OWner. Ll.C ipr :Site Plan approval for a Mixed-Use Project consisting of Retail, Office, ·Residential and Hotel components on The Shops at Sunset Place property : as legally described herein . ALL intei-ested parties are invited to atte~ and will be heard. For further information, please contact the Planning· & Zoning Oepartment's Office~~~. . Maria M. Meneridez. CMC City CIeri< 'Pursuant to Acrida SJatirtes286.0105,1he Ci1y hereby advises 1he public 1hat ffa person decides to appeal any decision made by 1h~ Board, Agency or Commission with respect to any matter considered at its meeting or hearing, ·he or she will need a record of the proceedings, and ~ for such purpose, . affected person may need to ensure that a veri:la!im record of the proceedii"gs . is made which record includes tile testimony and evidence upon which 1I1e appeal is to be based. 10/27 _ ._JX.:..rslQQQ.O?6S901M SUNDAY OCTOBER 29 2017 MIAMIHERALD.COM NEIGHBORS CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING I 31SE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing!s) at a Special City Commission meeting scheduled for Monday. November 6. 2017. beginning at 7;00 p.m .. in the City Commission Cham hers, 6130 Sunset Drive, to consider the following item(s): NOTE: Locatioll Map applies to all items below An Ordinance amending the City of South Miami Comprchensive Plan approving the creation of the Downtown SoMi (DS) land use category in the Future Land Use Element for a Mixed-Use Project on The Shops at Sunset Place property and as legally described herein An Ordinance providing for a Small-Seale Map Amendment amending the City of South Miami Comprehensive Plan Future Land Use Plan Map from Mixed Use Commercial Residential (Four-Story) to Downtown SoMi IDS) (195 feeO on a 9.6S-aere property known as The Shops at Sunset Place and as legally describd herein . An Ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development Code creating ARTICLE XU. -Downtoom SoMi lOS I District RegUlations v : modifying Section 20-3.1 Zoning use districts and pUl1,oses (A) and (8); modifying Section 20-3.3(J)) Permit1ed Use Schedule; creating Section 20-3.3(F) Outdoor Seating/Dining Within the Dowlltown SoMi (OS) Zoning District:· modifying Section 20-3.5(3) and (C) Dimensional requirements: creating Section 20-3.5(1) Dimensional Requirements Downtown SoMi Distlict: modifying Section 20-3.6 Supplemental regulations; modifying Section 20-4.3 Sign regulations: modifying Section 20-4.5 Landscaping and tree protection requirements for all zoning districts: modifying Section 20-4.5.1 Tree protection; modifying Scction 20-5.1 I Site plan rcview approvals: modifying Section 20-6.1 Administmtive entities in order to etfeetuate a Mixed-Use Project on the Shops at Sunset Place property as legally described herein An Ordinance pursuant to Section 20-S.7 and other applicable provisions of the City of South Miami Land Development Code providing for a Map Amendment to the City of South Miami Official Zoning Map from Specialty Retail (SR) to Downtown S()Mi (OS) on a 9.68-acre property known as The Shops at Sunset Place and as legally described herein An Ordinande. pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Land Development Code, providing for a Map Amendment to the City of South Miami Official Zoning !'v1ap to remove th~ Hometo"':l1 District Overlay designation on a 9.68-acre property kno\vn as The Shops at Sunset Place A Resolution pursuant to new ARTICLE XII DowntO\>>"l1 SoMi District Regulations and ARTICLE V Procedures and Applications and other applicable provisions of the City of South Miami Land Development Code approving a request by FRIT Shops at Sunset Place Fee Owner. LLC for Site Plan approval for a Mixed-Use Project consisting of Retail. Office, Residential and Hotel components on The Shops at Sunset Place property as legally described herein ALL interested parties are invited to attend and will be heard. For further information, please contact the Planning & Zoning Department's Office at: 305-663-6326. Maria M. Menendez. CMC City Clerk Pursu:mt to Florida Statutes 286.0105. the City hereby advises the public that if a person decjd~s to appeal any decision made by this Boan.!. Agent'Y or Commission with respect to :my matter considered at irs meeting or hearin,g. hI! or s.he will n('cd a r~X"ord of the prot.·e,~djng.~. <lm.l that for :'ll~h purpose. affected person may nel~d to ensur~~ that a verbtltim re • ."ord of the proceeding:; is made which record indud~~s the testimony ,md evidenre upon which fhe appeal is to ht~ hased.