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O-2018-061 ORDINANCE NO. 2018 -06 2 3 4 AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, 5 ADOPTING DIVISION 22. MIAMI SHORES DOWNTOWN 6 DISTRICT, APPENDIX A, ZONING, CONTAINED IN THE CODE 7 OF ORDINANCES OF MIAMI SHORES VILLAGE, FLORIDA, 8 PROVIDING FOR THE ADOPTION OF THE "ARCHITECTURAL 9 DESIGN MANUAL," AND ZONING CODE REGULATION TO 10 IMPLEMENT THE MANUAL, SETTING FORTH THOSE 11 CONDITIONS, CREATING, DEFINING AND REGULATING THE 12 MIAMI SHORES DOWNTOWN DISTRICT, AMENDING THE LIST 13 OF PERMITTED USES, AND CREATING A DEVELOPMENT 14 BONUS PROGRAM WITHIN THE MIAMI SHORES DOWNTOWN 15 DISTRICT,, PROVIDING FOR CONFLICTS, PROVIDING FOR 15 SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. 17 18 WHEREAS, at the December 5, 2016 Council Meeting, the Village Council, in accordance 19 with Sec. 1001 of the Village Code of Ordinances, requested that the Planning Board review the 20 "Architectural Design Manual" developed by RMA Consulting, consider its adoption by the village 21 and code changes to implement the manual; and, 22 23 WHEREAS, together with the Planning Director, the Planning Board reviewed information 24 pertinent to the "Architectural Design Manual ", heard presentations from RMA Consulting on the 25 manual and held a series of workshops and public hearings at which testimony was offered; and, 26 27 WHEREAS, during the Planning Board's public hearings, workshops and deliberations, 28 the Board considered the appropriateness of adopting a design manual for the downtown and 29 considered the role a design manual may have in improving the desirability, vitality and livability 30 of the Miami Shores downtown and Village; and 31 32 WHEREAS, the Planning Board considered the appropriateness of changing the code of 33 ordinances to create and define the Miami Shores Downtown District as an overlay and to adopt 34 changes to the code of ordinances to implement the requirements of the "Architectural Design 35 Manual ", and Miami Shores Downtown District. 36 37 WHEREAS, the Planning Board held a public hearing on June 22, 2017, and voted to 38 recommend approval of an amendment to the Code of Ordinances Zoning Appendix A to Adopt 39 the "Architectural Design Manual" and to adopt Division 22 Miami Shores Downtown District, code 40 changes to create, define and regulate uses and development in the Miami Shores Downtown 41 District. 42 43 NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL: 44 45 Section 1. That Division 22 Miami Shores Downtown District of the Zoning Appendix 46 A, contained in the Miami Shores Village Code of Ordinances is hereby created and shall read as 47 follows: 48 49 50 ARTICLE V. SUPPLEMENTARY REGULATIONS 51 1 2 3 ARTICLE V. SUPPLEMENTARY REGULATIONS 4 5 DIVISION 22. MIAMI SHORES DOWNTOWN DISTRICT 6 7 Sec. 545. Purpose. 8 9 This division is intended to provide for orderly and quality development within the "Miami Shores 10 Downtown District," hereafter referred to as the Miami Shores Downtown District (MSDD), 11 consistent with the design principles of the "Downtown Miami Shores Village, Architectural Design 12 Manual," hereafter referred to as the Architectural Review Manual (ARM) and the "downtown 13 design manual." This will protect the general health, safety, and welfare of the community by 14 making efficient use of the land, which is consistent with the visual character and vision of the 15 community. 16 17 (1) Design requirements and guidelines, and the code of ordinances are critical tools in guiding 18 private development in a way that realizes the communities' goals and objectives. These 19 design requirements and guidelines, and special zoning code provisions are intended to: 20 a. Cultivate a community identity, create an image and coordinate the visual aesthetic of the 21 downtown; 22 b. Raise the level of community expectations for the quality of the built environment; 23 c. Respect the need for continued re- investment in the downtown; 24 d. Foster the attractiveness and functional utility of the downtown as a place to live and work; 25 e. Balance parking needs with an accessible, walkable pedestrian- oriented environment; 26 f. Ensure that new developments maintain or improve neighborhood character and livability; 27 g. Promote economic vitality and preserve and protect property value; 28 h. Communicate these purposes to the applicant and to assist the applicant in achieving 29 these purposes; and 30 i. Provide clear objectives for those starting on the planning and design of projects in the 31 downtown as identified in Sec. 546. 32 33 Sec. 546. Scope. 34 (1) The requirements of the Architectural Design Manual apply to new or existing buildings 35 located within the "Miami Shores Downtown District" defined as the 131 zoned properties 36 directly abutting NE 2nd Avenue or the adjoining side streets within one (1) block of NE 2nd 37 Avenue, and located between NE 101st Street and NE 94th Street. 38 39 40 (22)-T-he -land uses identified in Ses. 548 (3) are not Perm +tt d to Gated on th Fst fiee� e€ 41 buildings-- leeate"t4in the "Miami Shores I-ln tr4G " 'ra +ham fG11 -t ri �as. y The ,� ,, y A y ;�vi--- n- ,- �y- ,c�Terrav'ur-r' ` J "` - 42 a. he land rc�VtivnnrvYa apply tG- tQFe'Y�� -with direir asress to hirE 2nd 43 Avenue. e�r�- C►e�rya{djys+aiide stems wti##i^ ^:oek -e# "Ir�Rd- Ave- a�asat� 44 between NE 1`#t`f-7�t�fcit�.i`f -:'a rv°-hIC �Ath Street The 'and u�c../r+�pF86trirtiGn_ r e ar }^ 45 businesses I�ted on the first floor where th - �3%I�ne' & -FS r3V©crcav Qrrn a Geentr l�r7 ay 46 %4h-n "fe4'&�v t i the street- 47 c '-'J 48 Sec. 547. Architectural Design Manual adopted. 49 50 The "Downtown Miami Shores Village, Architectural Design Manual" as amended is hereby 51 adopted and made part of this ordinance and shall apply to all property in the Miami Shores 2 2 3 4 5 6 7 8 9 10 11 12 13 14 1.5 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 46 47 48 49 50 51 Downtown District as described in Sec. 546. Building design and construction must conform with the Architectural Design Manual and design and construction that does not conform is prohibited. The requirements and guidelines within the ADM are the minimum standards and where the specific requirements of the Miami Shores Code of Ordinances vary or conflict with the regulations contained in this Division, the stricter provisions shall apply. Sec. 548. Miami Shores Downtown District land use restrictions. (1) The goals of the Architectural Design Manual are supported by "Miami Shores Downtown District" development and first floor land uses that: a. Encourage active uses at the street level. b. Generate pedestrian activity throughout the day and in the evening. c. Restrict purely daytime uses from locating at street level. d. Prohibit incompatible uses. (2) The following land uses are incompatible with the goals and purpose of this division for "Miami Shores Downtown District" development and are prohibited: a. Engraver, b. Firearms and accessories, c. Flooring store, greater than 5,000 sf d. Furniture store, greater than 5,000 sf e. Sporting goods store, greater than 5,000 sf f. Stationary, office supply store, greater than 5,000 sf g. Toys, hobbies and crafts store, greater than 5,000 sf h. Dry cleaner, except drop -off only. i. Employment agency. (,31 Development Bonus Program a. The following program shall be available to incentivize specific development practices within the "Miami Shores Downtown District "to help accelerate achievement of the goals of this Division of the Code. In order to implement the concepts and ideas fundamental to the ultimate vision, creative ways to manage and improve the limited available space within the Downtown District should be explored and addressed to attract and promote development most consistent with the goals of this Division. The intent of this Development Bonus program is to provide development design options that contribute to the overall quality of a project, and/or to incentivize such future development and contribute to the construction of amenities that provide a public benefit within the downtown area. Bonuses shall be available in the form of special exceptions to allow residential uses on the second and third floors of properties within the Miami Shores Downtown District in accordance with the requisites of this section. b. New construction Any new construction adjacent to 2nd Avenue, within the Miami Shores Downtown District, for which the owner thereof agrees (through a recorded deed restriction in a form approved by the Village) to limit and restrict uses on all portions of the ground floor of such development adjacent to 211 Avenue—solely, to restaurant and/or retail uses shall be entitled to obtain (via special exception) zoning approval for residential uses on any second and /or third floor of such development. Such special exception shall operate to 3 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 46 47 48 49 50 deem such uses at such location to be permitted uses but shall not waive, release or operate as a special exception from any other requirements under the Code applicable to such uses. C. Existing Buildings Any existing buildings adiacent to 2nd Avenue, within the Miami Shores Downtown District for which the owner thereof agrees (through a recorded deed restriction in a form approved by the Village) to limit and restrict uses on all portions of the ground floor of such building adjacent to 2nd Avenue sole! to restaurant and /or retail uses shall also be entitled to obtain (via special exception) zoning approval for residential uses on any second and /or third floor of such building, If at the time of the recordation of the deed restriction, any lawful uses within the building on the ground floor adjacent to 2nd Avenue are other than restaurant or retail, then those other uses would become legal non- conforming uses, and would be entitled to continue until such time as such uses cease (including but not limited to cessation by means of the business operating such use closing at that location or otherwise vacatin the property- or abandoning such use), at which Dint the space would be limited to restaurant or retail uses in accordance with the deed restriction. Such special exception shall operate to deem such uses at such location to be permitted uses but shall not waive release or operate as a special exce Lion from an other requirements underthe Code applicable to such uses. In order to be eligible to obtain the special exception otherwise available under this sub - section, the property owner must request same in a written application received by the Village within 12 months from the date of adoption of this Division; and upon the expiration of such 12 month period, the Development Bonus incentive detailed herein shall no longer be available for existing buildings. Sec. 549. Parking standards in the Miami Shores Downtown District. Notwithstanding anything in the Miami Shores Village Code of Ordinances to the contrary, the provisions of this section shall apply to parking in the Miami Shores Downtown District: (1) Minimum off - street parking schedule requirement by usage. a. Banks, 1 space / 300 sf b. Government buildings, 1 space / 500 sf c. Office (non - medical), 1 space / 400 sf d. Medical office, 1 space / 400 sf e. Retail, 1 space / 300 sf f. Restaurant, takeout, 1 space / 300 sf g. Restaurant, wine and craft beer cafe, sit -down, 1 space / 4 seats or 1 space / 300 sf of total area, whichever is less. New construction 1 space /100 sq. ft. There shall be no off - street parking requirement for any restaurant, wine and craft beer cafe or alcoholic beverage establishment located in a building for which a certificate of occupancy was issued on or before December 31, 2015. New construction shall be defined as any new principal building or structure for which a certificate of occupancy was issued on or after January, 2016, or any addition or improvement to a building or structure the cost of which exceeds fifty percent (50 %) of the then current county tax - assessed value of the building or structure before the improvement as determined by the Miami - Dade County Property Appraiser. The value of the building or structure may also be 4 1 established by independent certified appraisal of the building or structure that is found 2 acceptable by the village. 3 h. Residential use, 1 Bedroom /1 Space, 2 Bedroom /2 spaces, three bedrooms /2 4 spaces. Guest Parking shall be provided for all developments with ten units or more at 5 a rate of /1 space for every 10 units. 6 7 (2) Off -site parking facilities for required or additional parking may be located anywhere in the 8 Miami Shores Downtown District and up to one -half mile outside the district on B1, CF and 9 PK District zoned properties. 10 a. Existing parking lots are not required to comply with landscape and screening 11 requirements until such time as the site is redeveloped. 12 13 (3) Valet parking in conjunction with Sec. 549 (2) may be used to provide up to 100% of 14 required parking. 15 16 Sec. 550. Design Review within the Miami Shores Downtown District. 17 18 Design review is required for all new development, all redevelopment and all exterior changes 19 requiring a building permit. Prospective applicants must engage in a "Pre- Application Review" 20 meeting with planning and building staff prior to the submission of a zoning permit or building 21 permit application. 22 23 Sec. 551. Design review process. 24 25 (1) Planning board review. 26 a. All new construction, and all renovations constituting substantial improvement that 27 equal or exceed 50% of the building value before the renovation and that occur during 28 a five -year period beginning on the date of the first improvement or repair of that 29 building or structure, require review and approval by the planning board prior to an 30 application for building permits. A building may be subject to planning board review if 31 estimated construction costs are exceeded during a five -year period beginning on the 32 date of the first improvement or repair of that building or structure and the work totals 33 over 50% of the building value before the renovation. 34 b. The planning board will review for compliance with the Architectural Review Manual in 35 addition to all other code of ordinance requirements. 36 c. Applicant must complete a planning board application and submit the form to the 37 planning department with all required information in sufficient detail to verify 38 compliance with the ARM and all requirements of the code of ordinances. 39 40 (2) Administrative review for projects not subject to planning board review. 41 a. All exterior changes requiring a building permit that are not subject to planning board 42 review require administrative review and approval by the building official and planning 43 director. 44 b. The planning director will review for compliance with the Architectural Review Manual 45 in addition to all other code of ordinance requirements, and the building official will 46 review for building code compliance. 47 c. Applicant must complete a building permit application and submit the application to 48 the building department with all required information in sufficient detail to verify 49 compliance with the ARM and building code compliance. 50 51 (3) Referral to planning board. 5 I a. The planning director may refer any application subject to administrative review to the 2 planning board for review. 3 b. An applicant may waive administrative review and request that their project be referred 4 to the planning board for review. 5 c. An applicant may appeal the decision of the planning director to the planning board. 6 7 Sec. 552. Design review criteria. 8 9 An application received pursuant to the provisions of this Division shall be reviewed in accordance 10 with the Architectural Design Manual regulations and guidelines as amended, adopted under Sec. 11 547, and any supplemental requirements and guidelines adopted by the Village Council. 12 13 (1) Requirements and guidelines. 14 a. The Architectural Review Manual consists of requirements and guidelines. 15 Development must comply with all requirements. Guidelines provide methods to 16 achieve compliance with the requirement. If the project does not conform to the design 17 criteria, the board and /or staff will indicate the requirements that have not been met. 1s (2) Illustrations. 19 a. Illustrations are intended to be in harmony with their accompanying text. In the event 20 of conflict between text and an illustration, the text shall govern. 21 22 Sec. 553. Imposition of conditions. 23 24 The planning board, and the building official and planning director in the case of administrative 25 approval have the authority to impose such approved conditions and safeguards as deemed 26 necessary to protect and enhance the health, safety, and welfare of the surrounding area, and to 27 insure that the proposed project for which design review approval is sought, fully meets the criteria 28 as set forth in this Division. 29 30 Sec. 554. Nonconforming use of land, buildings or land in combination with buildings. 31 32 Buildings and the use of land, buildings or land in combination with buildings made nonconforming 33 by Division 22. MIAMI SHORES DOWNTOWN DISTRICT shall be governed in accordance with 34 Zoning Code Sec. 525. — Nonconforming buildings and Zoning Code Sec. 526. - Nonconforming 35 use of land, buildings or land in combination with buildings. Nothing contained in this division shall 36 be deemed or construed to prohibit the continuation of anv existina leaallv established. non- 37 conforming use or structure. However. such uses may be affected by deed restrictions regarding 38 the Development Bonus Program detailed in section 548 above. The intent of this section is to 39 encourage n conformities to be brought into compliance with these current regulations. 40 41 (1) Existing lawful nonconforming uses of land, buildings or land in combination with buildings. 42 a. Buildings and the use of land, buildings or land in combination with buildings lawful 43 immediately prior to adoption of Division 22, and made nonconforming by Division 22. 44 MIAMI SHORES DOWNTOWN DISTRICT shall be permitted to continue in their 45 current location. 46 b. Na- e9 -1-;ter r nfnrminn Use c. Ir r +od-j-n } i }ai Chnr3e rnWr+rnn ric +rir} may be 47 ev Pa Rd d within the b iildi -F n� jnn� ner1 tin��h�i r�h�G ed- 48 c. A nonconforming use of land, buildings or land in combination with buildings shall not 49 be changed to another nonconforming use and may only be changed to a conforming 50 use. [-9 1 d. if t e4iG =i�i+i%nfI Gr4pi Rg4R,*,- - a-tYwi4d4- r 1 Rd rya se Fnr n for a peried e-.f 1 iZ yy��,, rsauac�v�r7Jc.J�v'� -fit �eia�r 2 r�io}1`t-d fiv or rrtnr mvFe, that asset. s haaili�IrL•p`v��ce- i�yi�-ia fEtY-�Y�'�fr� �J[Gtt� the4L-� 4dinq 3 Gr land en whit the R IfI� VI VIES" Ong use took- - placeshaJJ they; Gn be used for 4 G94aFr 44@-use-s-only. 11d ain} ,ti anrca of n lnrnl hil�� �i °s�rrz°. i }t-f ha-nonce fer—m4 g 5 use II Rot be roor+sidered_pree",h Ithe use has r hoaR4n n GRtirnsaoi s opeFatiep 5 7 (2) Expansions, repairs. alterations and improvements to nonconforming structures shall be 8 permitted in accordance with the following provisions' 9 a. Internal and external repairs or improvements (general upkeep) which do not increase 10 the square footage of the nonconforming structure shall be permitted. 11 b. Expansions to a non - conforming structure shall be permitted as follows: 12 (i) If the total square footage of the proposed expansion is less than or equal to 13 30% of the structure's square footage at the time it became nonconforming a 14 one -time expansion shall be permitted. 15 (H) Any request for expansion or alteration of a non - conforming structure shall 16 require site plan approval from the Planning and Zoning Board. 17 18 Sec. 555. Appeal of planning board decision. 19 20 Any person aggrieved by any decision of the planning board under the provisions of Article VI or 21 Article VII may appeal to the village council as prescribed in Sec. 800. 22 23 24 Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent 25 herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in 26 conflict with this Ordinance. 27 28 Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be 29 invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way 30 effect the validity of the remaining portions of this Ordinance, which shall be deemed to be 31 severable therefrom. 32 33 Section 4. This Ordinance shall become effective immediately upon adoption on 34 second reading. 35 36 37 Passed on first reading this "► day of J1UChr 2018. 38 39 �[' 40 Passed and adopted on second reading this 9day of T,Y ar , 2018. 41 42 43 44 45 46 47 48 49 50 51 7 I ATTEST: 2 k� 3 _. 4 L' 5 Ysabely 6 'er, 7 8 AP R VV AS TO FORM:. 9 10 ` 11 12 ichard Sarafan 13 Village Attorney 14 FINAL VOTE AT ADOPTION' Council Member Steven ZelkowitzbSBpf Council Member Jonathan Meltz Council MemberAllce Burch Vice Mayor Sean Brady Mayor MacAdam Glinn 8 Additions shown by underlining and deletions shown by Wig.