§ 33C-11. Government Center Subzone.

(A)

Purpose and Intent. The following development review standards and criteria shall govern all applications for development of properties located within the boundaries of the Government Center Subzone established in this section. The standards set forth herein further the unique land use characteristics of this area, which lies within the Downtown Regional Urban Center, as designated on the Land Use Plan Map of the CDMP, and within the City of Miami Urban Core, as defined in Section 33-84. The CDMP calls for the highest level of development density and intensity within the Regional Urban Center, which is anchored by the Government Center Metrorail/Metromover Station. These standards implement CDMP policies calling for coordination of land uses and transportation facilities to promote transit-oriented development, attract transit ridership, and establish a more compact and efficient urban form within the Urban Development Boundary in this high-density, high-intensity area.

(B)

Boundaries. The Government Center Subzone of the Rapid Transit Zone is hereby established; the boundaries of the Subzone are identified in Exhibit 19 of Section 33C-2(B). The legal description and a full-scale map of the boundaries are on file with the Department.

(C)

Permitted Uses.

(1)

All uses allowed in Section 33C-2(D)(1).

(2)

The following categories of uses shall be permitted in the subzone, either alone or as mixed uses in horizontal or vertical integration. "Vertical integration" means any combination of categories of uses in the same building. "Horizontal integration" means any combination of parcels or buildings and structures with different primary uses within the same development. Except where otherwise specified herein, the uses provided herein shall be as defined in Section 33-284.83(B).

(a)

Accommodation uses.

(b)

General retail/personal service establishments.

(c)

Professional business offices.

(d)

Residential uses, including group residential homes subject to requirements for the MC category.

(e)

Entertainment uses, except adult entertainment.

(f)

Food/beverage establishments.

(g)

Rental car facilities.

(h)

Commercial parking garages and surface parking lots.

(i)

Institutional uses, including civic uses, colleges and universities, child-care facilities, religious facilities, and schools (K-12).

(j)

Health care services, except hospitals.

(k)

Public parks and open spaces.

(l)

Other similar uses, as determined by the Director.

(D)

Development regulations. The following development regulations shall apply to all development within the sub-zone.

(1)

Parking: The table below indicates minimum parking for each type of use.

Use	Minimum Parking Requirements
General Retail/Personal Service, Entertainment, Food/Beverage Establishments, Convention Halls and Showrooms	1.8 spaces/1,000 SF
Professional Office, Institutional (except Convention Halls), Health Care Services	0.6 spaces/1,000 SF
Residential	1 space per unit
Accommodation	0.3 spaces/room
Transit systems, including Maintenance Facilities	0.6 spaces/1,000 SF (excluding platform)
Other Uses	50% of the required parking indicated in Section 33-124

 

(a)

Parking Garages. To minimize adverse visual effects of the structure, multi-story parking garages facing public and private streets, rights-of-way, or public open space shall use screening methods, including, without limitation: liner buildings; glazing; building wall extensions; vertical planted walls; berms; landscaping; architectural fenestration; sculpture; design features; and/or other innovative screening methods.

(b)

Surface parking lots fronting streets shall be located a minimum of 10 feet from the right-of-way and screened at the 10-foot line with a wall having a maximum height of 3'6". The setback shall incorporate a combination of hard-scape and landscape elements finished to match the existing sidewalk.

(c)

Mechanized parking shall be allowed and, when provided, shall be exempt from the provisions of Section 33-122. For the purpose of this subzone, mechanized parking shall be defined as a mechanism with vertical and horizontal transport capability that provides for automobile storage and retrieval. A mechanized parking space shall be counted toward the parking requirements of this section. Mechanized parking may not be provided unless a queuing analysis is submitted and approved during the Administrative Site Plan Review process.

(d)

Required off-street parking for uses located within this subzone may be located within one-half mile of the boundaries of the subzone, provided that it is east of I-95. An application for development using off-site parking may be approved by the Director upon demonstration that such parking is available, that there is a legally enforceable mechanism for securing it, and that any use requiring such off-site parking shall terminate upon the elimination of the parking area.

(e)

Administrative Modification/Approval. The Director may authorize a reduction in the amount of required parking for two or more uses if the following conditions are met:

(i)

The applicant submits a study that, in the sole discretion of the Director, provides sufficient data to demonstrate that hours of maximum demand for parking across the uses do not usually overlap; and

(ii)

That no change in use shall be permitted without the Director's prior determination that parking requirements are met.

(2)

Setbacks, floor plate, and lot size:

(a)

Due to the unique characteristics associated with the high-density or high-intensity, mixed-use developments contemplated for this subzone, there shall be no minimum setback from streets, interior/rear property lines, and park rights-of-way.

(b)

There shall be no maximum or minimum limitation on the size of a floor plate or minimum lot requirement.

(3)

Encroachments:

(a)

Buildings and structures above the ground floor may be built above colonnades and/or encroach into street setbacks but shall not extend into the public or private right-of-way unless permitted by State law and approved by DTPW or by another governmental agency with authority over the right-of-way. It is provided, however, that, to the extent permitted by State law and subject to the approval of the agency with authority over the right-of-way, and for the transportation purpose of providing a connecting pedestrian or vehicular corridor, the street may be covered above the first floor with publicly-accessible structures connecting buildings, including: platforms fitted with trains and passenger waiting areas; roofs; upper story terraces, pedestrian bridges, and automobile bridges between parking garages. Adequate clearance for structures above streets shall be maintained.

(b)

Cantilevered balconies, awnings, weather protection elements and similar features with adequate vertical clearance may encroach into street rights-of-way but shall not extend closer than six inches from the curb face.

(4)

Floor Area Ratio and lot coverage: The floor area ratio, lot coverage, and maximum square footage of buildings to be developed within the subzone shall not be limited.

(5)

Building Height: The maximum building height shall be the maximum allowed by MDAD in accordance with the zoning regulations for Miami International Airport provided in Chapter 33.

(6)

Open Space: The minimum open space requirement shall be 15 percent of the gross development area. Open space shall include parks, plazas, balconies, terraces, courtyards, arcades/colonnades, pedestrian paths, rooftop green spaces above buildings and parking garages, and transit platform areas improved for pedestrian comfort.

(7)

Signs: Signs visible from public rights-of-way or public areas shall comply with Section 33-284.87, except that Class C signs may be permitted in accordance with Section 33-107, and a maximum of seven murals may be approved in this Subzone. The signage plan submitted with the application for site plan review shall contain categories, locations, and sizes of signs.

(8)

Density: Residential density shall not exceed 500 units per gross acre.

(9)

Architectural Expression: Building facades facing public and private street rights-of-way or public open space or both shall be a minimum 40 percent glazed. Glazing is not required for building facades that face the Metrorail or Metromover rights-of-way or for above-grade parking garage structures that face public and private street rights-of-way or public open space, provided that parking garages shall conform to the parking standards included herein. Blank walls facing public and private street rights-of-way and public open space shall be discouraged unless furnished with some type of artistic expression, such as sculpture, mosaic, or similar features.

(10)

Landscaping: Landscaping shall conform to the standards set forth in Section 18A-6, as applicable to non-residential development, with the following exceptions:

(a)

A minimum of 30 trees per net acre of open space shall be provided. Trees may be placed in the lot, or in greens, squares, plazas and street medians within or in close proximity to this sub-zone. Lot trees shall have a minimum 2-inch diameter at breast height.

(b)

Street trees shall be planted at a maximum of 30 feet average on center, with a minimum 3-inch diameter at breast height. Street trees shall be placed inside landscaped strips, tree planters, and in medians in the right-of-way or on private property where demonstrated to be necessary due to right-of-way obstructions, as determined by DTPW or other agency with jurisdiction.

(11)

Service areas and mechanical equipment: Service areas and fixtures shall be screened and located so as not to be visible from public and private rights-of-way or public open space. Mechanical equipment installed on roofs shall be screened from view by parapets or other architectural elements. Fixtures, including but not limited to backflow preventers, pumps, underground ventilation exhausts, and electrical vaults, shall be located within or to the side or rear of buildings; such fixtures shall not be located within the street setback area. Backflow preventers shall be shielded from view, as required by Section 32-157(d).

(12)

Alcoholic Beverages: The restrictions on premises used for the sale of alcoholic beverages set forth in Chapter 33, Article X regarding hours and days of sale, distance from other premises used for the sale of alcoholic beverages, and distance from schools or religious facilities shall not apply in this subzone.

(E)

Historic Preservation—Transfer of Development Rights. Properties within this subzone that, prior to the effective date of this ordinance, were subject to the City of Miami's zoning regulations and were eligible to apply for the City of Miami's Transfer of Development Rights Program for Historic Properties may continue to avail themselves of the City's program to transfer unused development rights, subject to the approval of the City of Miami pursuant to the requirements of that program.

(F)

Plan Review Standards. These plan review standards are intended to: (i) encourage the creation of development within the Government Center Subzone, which acts as a significant gateway for, and destination to, the Miami-Dade Government Center area; and (ii) facilitate future growth in the Government Center Subzone by designing and arranging buildings, public open space, transit, and street circulation in a manner that fosters around-the-clock pedestrian activity, serves the local and regional transit demands of the community, and contributes to the urban revitalization of the downtown area.

(1)

A mix of uses in the design of development projects is encouraged to the maximum extent possible. Mixed-use buildings, including, without limitation, residential, commercial, office, hotel, and restaurants, are highly encouraged in combination with transit and other governmental facilities.

(2)

Developments shall provide direct pedestrian and vehicular connections to the adjacent block and street network. Pedestrian crosswalks providing safe passage from adjoining streets and blocks into the development project of the sub-zone shall be installed at street corners and, if practicable, midblock locations. Crosswalks shall be distinguished from other street elements by the use of conspicuous materials, texture and color.

(3)

Public open space in the form of plazas, squares, greens, and landscaped areas shall be incorporated in the design of all development projects at grade or on above-grade surfaces. The public open spaces should have a scale that is compatible and complementary with the intensity of proposed development, and their design should relate to the development's concept. Landscaping, furniture, art, paved pedestrian paths, and lighting, among other features, should be used to enhance the open spaces pedestrian experience.

(4)

Consideration should be given to providing landscaping in a manner that reduces the heat island effect of the development on the urban environment.

(5)

All new development shall strive to meet certification standards from Florida Green Building Coalition or a similar organization.

(6)

Developments shall be designed with a coordinated outdoor lighting and signage system that is an integral part of the project and compatible and harmonious with existing and proposed development in the sub-zone and with surrounding uses. Signage should clearly indicate locations of, and guide pedestrians and vehicles to, proposed parking areas, transit facilities, permitted uses, and surrounding activities and uses.

(7)

Proposed building scale should be in harmony with building scales allowed by applicable City of Miami regulations for surrounding properties. Buildings and their landscapes shall be built to the sidewalk edge in a manner that frames the adjacent street to create public space in the street corridor that is comfortable and interesting, as well as safe for pedestrians. Architectural elements at street level shall have abundant fenestration, windows and doors and design elements that create interest for the pedestrian.

(8)

Proposed development in the subzone shall provide connections via bridges, paths, sidewalks, or a combination of such features to adjacent or nearby Metrorail and Metromover systems.

(G)

Review and approval process. Notwithstanding any other provisions in this chapter, the review procedure for development within the Government Center Subzone shall be as follows:

(1)

Initial Review.

(a)

Pre-application Conference. The applicant shall participate in at least one pre-application conference coordinated by the Department with the participation of the members of the Developmental Impact Committee as provided in Section 33-303.1(A)(1) to (9) (the "DIC Lower Council").

(b)

Following the pre-application conference, the uses enumerated in Section 33C-2(D)(1), and civic uses permitted under subsection 33C-11(C)(2) that are governmental facilities as defined in Section 33-303(b)(1), may be approved in accordance with the procedures for approval of governmental facilities set forth in Section 33-303.

(c)

Application for public hearing. Following the pre-application conference, a request to approve development of the uses enumerated in subsection 33C-11(C)(2) within the Government Center Subzone, except civic uses to the extent provided above, shall be made by filing an application with the Department in accordance with the provisions of Section 33-304. Said application shall be considered a special exception for a general development plan to be considered and acted upon directly by the Board of County Commissioners pursuant to the development regulations established in this section. Applications shall be subject to the procedures set forth in Chapter 33, Article XXXVI.

(d)

Required exhibits. The following exhibits shall be submitted with the application:

(i)

Written exhibits: A narrative describing the properties to be included within the site plan, vision statement, consistency with the intent and purpose of these regulations, statement of conformance with these regulations, overall size and location, relevance to the region, connection to the surrounding urban context and rapid transit system, economic impact on the local economy, and any additional information necessary to explain the development.

(ii)

Graphic exhibits: A plan depicting the properties to be included in the subzone, the roadway network surrounding the properties, the pedestrian connections to the Government Center Metrorail Station, size and folio of each property, and any additional information specified at the pre-application conference to evaluate the character and impact of the proposed development.

(2)

Final Review—Administrative Site Plan Review. Following initial review in accordance with the provisions above, final review for all or a portion of the development within this subzone shall be considered administratively by the Department through an application for administrative site plan review ("ASPR") in accordance with the following procedure:

(a)

The Department shall review plans, including the exhibits listed below, for completeness and compliance with the applicable provisions of this chapter and for compliance with the site plan review criteria provided herein.

(b)

Additionally, all applications shall be reviewed by the County departments that comprise the Lower Council DIC and other relevant County entities for potential impacts on infrastructure and other services resulting from the application. If the application indicates impacts on services and infrastructure provided by any of the foregoing, the applicant shall meet with the affected department or entity to discuss potential mitigation of the impacts and shall submit evidence to the Department of such discussion.

(c)

The Director shall issue a final decision within 21 days of the date of submission of the completed application. The applicant shall have the right to extend the 21-day period by an additional 21 days upon request made in writing to the Department. The Department shall have the right to extend the 21-day period by written notice to the applicant that additional information is needed. Denials shall be in writing and shall specifically set forth the grounds for the denial.

(d)

Any final decision of the Director may be appealed in accordance with Section 33-314 pertaining to appeals of administrative decisions.

(e)

Required Exhibits. The following exhibits must be included with an application. Exhibits shall be prepared by registered architects and landscape architects and shall include the information set forth below. It is provided, however, that the Director may waive any of the items required because of the nature or timing of the development or because the information cannot reasonably be furnished at the time of review.

(i)

Dimensioned site plans indicating, as a minimum, the following information:

(a)

Lot lines and setbacks;

(b)

Location, shape, size and height of existing and proposed buildings, structures, open spaces/recreational facilities and other physical features that are proposed;

(c)

Floor Area Ratio;

(d)

Total square footage for each use by type, as applicable (i.e. residential uses, office uses), and total number of residential units;

(e)

Existing and proposed fences, walls, architectural accents, or street furniture, if applicable, and building exterior finish material;

(f)

Landscape plans, including total number of trees required and provided, specifications of species of plant material, location, and size in accordance with this section and Chapter 18A;

(g)

Vehicular and pedestrian circulation systems including connections to existing or proposed roadway and sidewalk system;

(h)

Location of on-street and off-street parking, including total number of parking spaces required and provided;

(i)

Location of loading facilities;

(j)

Location of space for storage and collection of solid waste and recyclable material;

(k)

Proposed grades if significantly altered;

(l)

Location of backflow prevention devices and connections;

(m)

Indication of any site design methods used to conserve energy;

(n)

Existing and proposed signs, and locations of advertising or graphic features, if applicable;

(o)

Sketches of design elements to be used for buffering surrounding uses, if applicable; and

(p)

Development phase lines.

(ii)

Floor plans and elevations of all structures and other major design elements, providing isometrics or perspectives and, for residential uses, floor plans and elevations for typical units.

(H)

Platting. Separate parcels located within the subzone and made subject to a unity of title or covenant in lieu of unity of title in accordance with Section 33-257 shall not be deemed a subdivision and shall be exempt from the platting requirements of Chapter 28.

(I)

Conflicts. The development review procedures, standards, and criteria set forth in this section shall govern in the event of conflicts with other zoning, subdivision, or landscape regulations of this Code or with the Miami-Dade County Public Works Manual.

(Ord. No. 18-81, § 3, 7-24-18)