O-2018-06 (No Strikethroughs)1 ORDINANCE NO. 2018 -06
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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 DISTRICTS PROVIDING FOR CONFLICTS, PROVIDING FOR
16 SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE.
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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,
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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,
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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
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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.
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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.
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43 NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL:
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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:
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50 ARTICLE V. SUPPLEMENTARY REGULATIONS
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I DIVISION 22. MIAMI SHORES DOWNTOWN DISTRICT
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3 Sec. 545. Purpose.
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5 This division is intended to provide for orderly and quality development within the "Miami Shores
6 Downtown District," hereafter referred to as the Miami Shores Downtown District (MSDD),
7 consistent with the design principles of the "Downtown Miami Shores Village, Architectural Design
8 Manual," hereafter referred to as the Architectural Review Manual (ARM) and the "downtown
9 design manual." This will protect the general health, safety, and welfare of the community by
10 making efficient use of the land, which is consistent with the visual character and vision of the
11 community.
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13 (1) Design requirements and guidelines, and the code of ordinances are critical tools in guiding
14 private development in a way that realizes the communities' goals and objectives. These
15 design requirements and guidelines, and special zoning code provisions are intended to:
16 a. Cultivate a community identity, create an image and coordinate the visual aesthetic of the
17 downtown;
18 b. Raise the level of community expectations for the quality of the built environment;
19 c. Respect the need for continued re- investment in the downtown;
20 d. Foster the attractiveness and functional utility of the downtown as a place to live and work;
21 e. Balance parking needs with an accessible, walkable pedestrian- oriented environment;
22 f. Ensure that new developments maintain or improve neighborhood character and livability;
23 g. Promote economic vitality and preserve and protect property value;
24 h. Communicate these purposes to the applicant and to assist the applicant in achieving
25 these purposes; and
26 i. Provide clear objectives for those starting on the planning and design of projects in the
27 downtown as identified in Sec. 546.
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29 Sec. 546. Scope.
30 (1) The requirements of the Architectural Design Manual apply to new or existing buildings
31 located within the "Miami Shores Downtown District" defined as the B1 zoned properties
32 directly abutting NE 2nd Avenue or the adjoining side streets within one (1) block of NE 2nd
33 Avenue, and located between NE 101st Street and NE 94th Street.
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36 Sec. 547. Architectural Design Manual adopted.
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38 The "Downtown Miami Shores Village, Architectural Design Manual" as amended is hereby
39 adopted and made part of this ordinance and shall apply to all property in the Miami Shores
40 Downtown District as described in Sec. 546. Building design and construction must conform with
41 the Architectural Design Manual and design and construction that does not conform is prohibited.
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43 The requirements and guidelines within the ADM are the minimum standards and where the
44 specific requirements of the Miami Shores Code of Ordinances vary or conflict with the regulations
45 contained in this Division, the stricter provisions shall apply.
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47 Sec. 548. Miami Shores Downtown District land use restrictions.
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49 (1) The goals of the Architectural Design Manual are supported by "Miami Shores Downtown
50 District" development and first floor land uses that:
51 a. Encourage active uses at the street level.
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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.
(3) 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 2 "d 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
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 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
building adjacent to 2nd Avenue, solely 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
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1 restriction, any lawful uses within the building on the ground floor adjacent to 2nd Avenue
2 are other than restaurant or retail, then those other uses would become legal non -
3 conforming uses, and would be entitled to continue until such time as such uses cease
4 (including but not limited to cessation by means of the business operating such use closing
5 at that location or otherwise vacating the property or abandoning such use), at which point
6 the space would be limited to restaurant or retail uses in accordance with the deed
7 restriction. Such special exception shall operate to deem such uses at such location to be
8 permitted uses but shall not waive, release or operate as a special exception from any
9 other requirements under the Code applicable to such uses. In order to be eligible to obtain
10 the special exception otherwise available under this sub - section, the property owner must
11 request same in a written application received by the Village within 12 months from the
12 date of adoption of this Division; and upon the expiration of such 12 -month period, the
13 Development Bonus incentive detailed herein shall no longer be available for existing
14 buildings.
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17 Sec. 549. Parking standards in the Miami Shores Downtown District.
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19 Notwithstanding anything in the Miami Shores Village Code of Ordinances to the contrary, the
20 provisions of this section shall apply to parking in the Miami Shores Downtown District:
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22 (1) Minimum off - street parking schedule requirement by usage.
23 a. Banks, 1 space / 300 sf
24 b. Government buildings, 1 space / 500 sf
25 c. Office (non - medical), 1 space/ 400 sf
26 d. Medical office, 1 space / 400 sf
27 e. Retail, 1 space / 300 sf
28 f. Restaurant, takeout, 1 space / 300 sf
29 g. Restaurant, wine and craft beer cafe, sit -down, 1 space / 4 seats or 1 space / 300 sf
30 of total area, whichever is less. New construction 1 space /100 sq. ft. There shall be no
31 off - street parking requirement for any restaurant, wine and craft beer cafe or alcoholic
32 beverage establishment located in a building for which a certificate of occupancy was
33 issued on or before December 31, 2015. New construction shall be defined as any
34 new principal building or structure for which a certificate of occupancy was issued on
35 or after January, 2016, or any addition or improvement to a building or structure the
36 cost of which exceeds fifty percent (50 %) of the then current county tax - assessed
37 value of the building or structure before the improvement as determined by the Miami -
38 Dade County Property Appraiser. The value of the building or structure may also be
39 established by independent certified appraisal of the building or structure that is found
40 acceptable by the village.
41 h. Residential use, 1 Bedroom /1 Space, 2 Bedroom /2 spaces, three bedrooms /2
42 spaces. Guest parking shall be provided for all developments with ten units or more at
43 a rate of /1 space for every 10 units.
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45 (2) Off -site parking facilities for required or additional parking may be located anywhere in the
46 Miami Shores Downtown District and up to one -half mile outside the district on B1, CF and
47 PK District zoned properties.
48 a. Existing parking lots are not required to comply with landscape and screening
49 requirements until such time as the site is redeveloped.
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(3) Valet parking in conjunction with Sec. 549 (2) may be used to provide up to 100% of
required parking.
Sec. 550. Design Review within the Miami Shores Downtown District.
Design review is required for all new development, all redevelopment and all exterior changes
requiring a building permit. Prospective applicants must engage in a "Pre- Application Review"
meeting with planning and building staff prior to the submission of a zoning permit or building
permit application.
Sec. 551. Design review process.
(1) Planning board review.
a. All new construction, and all renovations constituting substantial improvement that
equal or exceed 50% of the building value before the renovation and that occur during
a five -year period beginning on the date of the first improvement or repair of that
building or structure, require review and approval by the planning board prior to an
application for building permits. A building may be subject to planning board review if
estimated construction costs are exceeded during a five -year period beginning on the
date of the first improvement or repair of that building or structure and the work totals
over 50% of the building value before the renovation.
b. The planning board will review for compliance with the Architectural Review Manual in
addition to all other code of ordinance requirements.
c. Applicant must complete a planning board application and submit the form to the
planning department with all required information in sufficient detail to verify
compliance with the ARM and all requirements of the code of ordinances.
(2) Administrative review for projects not subject to planning board review.
a. All exterior changes requiring a building permit that are not subject to planning board
review require administrative review and approval by the building official and planning
director.
b. The planning director will review for compliance with the Architectural Review Manual
in addition to all other code of ordinance requirements, and the building official will
review for building code compliance.
c. Applicant must complete a building permit application and submit the application to
the building department with all required information in sufficient detail to verify
compliance with the ARM and building code compliance.
(3) Referral to planning board.
a. The planning director may refer any application subject to administrative review to the
planning board for review.
b. An applicant may waive administrative review and request that their project be referred
to the planning board for review.
c. An applicant may appeal the decision of the planning director to the planning board.
Sec. 552. Design review criteria.
An application received pursuant to the provisions of this Division shall be reviewed in accordance
with the Architectural Design Manual regulations and guidelines as amended, adopted under Sec.
547, and any supplemental requirements and guidelines adopted by the Village Council.
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(1) Requirements and guidelines.
a. The Architectural Review Manual consists of requirements and guidelines.
Development must comply with all requirements. Guidelines provide methods to
achieve compliance with the requirement. If the project does not conform to the design
criteria, the board and /or staff will indicate the requirements that have not been met.
(2) Illustrations.
a. Illustrations are intended to be in harmony with their accompanying text. In the event
of conflict between text and an illustration, the text shall govern.
Sec. 553. Imposition of conditions.
The planning board, and the building official and planning director in the case of administrative
approval have the authority to impose such approved conditions and safeguards as deemed
necessary to protect and enhance the health, safety, and welfare of the surrounding area, and to
insure that the proposed project for which design review approval is sought, fully meets the criteria
as set forth in this Division.
Sec. 554. Nonconforming use of land, buildings or land in combination with buildings.
Buildings and the use of land, buildings or land in combination with buildings made nonconforming
by Division 22. MIAMI SHORES DOWNTOWN DISTRICT shall be governed in accordance with
Zoning Code Sec. 525. — Nonconforming buildings and Zoning Code Sec. 526. - Nonconforming
use of land, buildings or land in combination with buildings. Nothing contained in this division shall
be deemed or construed to prohibit the continuation of any existing legally established, non-
conforming use or structure. However, such uses may be affected by deed restrictions regarding
the Development Bonus Program detailed in section 548 above. The intent of this section is to
encourage non conformities to be brought into compliance with these current regulations.
(1) Existing lawful nonconforming uses of land, buildings or land in combination with buildings.
a. Buildings and the use of land, buildings or land in combination with buildings lawful
immediately prior to adoption of Division 22, and made nonconforming by Division 22.
MIAMI SHORES DOWNTOWN DISTRICT shall be permitted to continue in their
current location.
b. A nonconforming use of land, buildings or land in combination with buildings shall not
be changed to another nonconforming use and may only be changed to a
conforming use.
(2) Expansions, repairs, alterations and improvements to nonconforming structures shall be
permitted in accordance with the following provisions:
a. Internal and external repairs or improvements (general upkeep) which do not increase
the square footage of the nonconforming structure shall be permitted.
b. Expansions to a non - conforming structure shall be permitted as follows:
(i) If the total square footage of the proposed expansion is less than or equal to
30% of the structure's square footage at the time it became nonconforming a
one -time expansion shall be permitted.
(ii) Any request for expansion or alteration of a non - conforming structure shall
require site plan approval from the Planning and Zoning Board.
Sec. 555. Appeal of planning board decision.
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Any person aggrieved by any decision of the planning board under the provisions of Article VI or
Article VII may appeal to the village council as prescribed in Sec. 800.
Section 2. All ordinances or parts of ordinances in conflict herewith or inconsistent
herewith, are hereby repealed, but only insofar as such ordinances may be inconsistent or in
conflict with this Ordinance.
Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be
invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way
effect the validity of the remaining portions of this Ordinance, which shall be deemed to be
severable therefrom.
Section 4. This Ordinance shall become effective immediately upon adoption on
second reading.
Passed on first reading this 9th day of January, 2018.
Passed and adopted on second reading this 20th day of February, 2018.
ATTEST:
I�t
Ysabely R, bdrigueS -C
V Ilage Clerk 5
APPROA$ FORM:
Y i
YYY••• s
E J
ichard Sarafan
lage Attorney
m Glinn, Mayor
auAL YD-U Az 6 D-QE RQ-1 r
Council Member Steven Zelhowitz
Council Member Jonathan Mettz
Council Member Alice Burch
Vice Mayor Sean Brady
Mayor hlacAdaw Gllm
7