HomeMy Public PortalAboutLTC 002-2015 - Bal Harbour Shops ExpansionShubinBassPROFESSIONALASSOCIATIONViaE-MailandHandDeliveryDecember5,2014Mr.JorgeM.GonzalezVillageManagerBalHarbourVillage65596thiStreetBa!Harbour,Florida33154rnanager(balharbour.orgRe:RedevelopmentandExpansionofBalHarbourShopsandChurchbytheSea-ProposedTextAmendmenttoBalHarbourVillageCodeofOrdinancesDearVillageManagerGonzalez:OnbehalfofBalHarbourShops,LLLP(“BHS”)andChurchbytheSea(“CBTS”),pleaseacceptthiscorrespondenceanditsenclosuresinfurtheranceoftheproposedredevelopmentofBHSandCBTS.InconnectionwiththeOctober9,2013applicationfortheBHSandCBTSExpansionandtheNovember12,2014ArchitecturalReviewBoardApplication,weencloseforyourreviewandconsiderationproposedtextamendmentstotheBalHarbourVillageCodeofOrdinancesinlieuoftheapproximately10-15nonusevarianceswhichwouldberequiredaspartoftheapprovalofthepreviouslysubmittedBHSandCBTSExpansionplan.Specifically,pleasefindenclosed,inredlineformat,thefollowingproposedtextamendmentstoChapter21oftheBalHarbourVillageCodeofOrdinances:1•ArticleI,Section21-1;•ArticleIII,Section21-315;•ArticleIII,Section21-318;•ArticleIII,Section21-319;•ArticleIII,Section21-320;•ArticleIII.Section21-321;•ArticleIV,Section21-358;•ArticleV,Section21-382;•ArticleV,Section21-383;•ArticleV,Section21-384;WehaveonlyincludedthosesectionsofChapter21inwhichwehaveproposedamendments.ShouldtheVillagewishtoreceiveacompletecopyofChapter21foritsreviewpleaseadviseandwewillprovideacopy.46SW1stStreet,3rdFloorMiami,Florida33130ShubinBass.comTel3053816060Fax3053819457
Page2of2•ArticleV,Section21-385;and•ArticleV,Section21-387.TheproposedtextamendmentscomplywithboththeletterandthespiritofSection21-53oftheVillage’sCodeinasmuchastheymaintainthebasicintentandpurposeofthezoningandotherlanduseregulationsapplicabletotheBHS/CBTSproperties.Specifically,theproposedtextamendments(aswouldberequiredfortheapprovalofanynonusevariancerequests)arecompatiblewiththesurroundinglandusesandarenotdetrimentaltothecommunityasawhole.Furthermore,theadoptionofthetextamendmentswillaccomplishsubstantialjusticeforBHSandCBTS,aswellasotherpropertyownersintheBusinessDistrict,willmaintainthespiritoftheVillageCode,andsecurepublicsafetyandwelfare.Withouttheadoptionoftheseproposedtextamendments,apracticaldifficultywillresultandrendercompliancewiththeexistingCodeunreasonablyburdensome.Onceyouhavereviewedtheproposedtextamendmentswelookforwardtodiscussingyourthoughtsandanyadditionalformattingrequiredtoexpeditethereviewand/orapprovalofthisapplication.Thankyouforyouranticipatedattentiontothismatter.Asalways,pleasefeelfreetocontactuswithanyquestionsregardingthismatter.End.cc:Mr.RaulRodriguez,VillageBuildingOfficialbuildingofficialbalharbour.orgMr.RichardWeiss,Esq.,VillageAttorneyrweiss@wsh-law.cornMs.MariaP.Spiliopoulos,Esq.rnspil@fwblaw.netShubinBassPROFESSIONALASSOCIATIONJohnK.ShubinAmyE.HuberDeanaD.FalceFortheFinn46Sw1stStreet,3rdFloorMiami,Florida33130
Sec. 21-1. - Definitions and rules of construction.
(a) For the purpose of this chapter, which shall be known as the Zoning Ordinance of Bal Harbour
Village, Florida, words used in the present tense include the future; the singular number includes the
plural, and the plural the singular; the words "used for" include the meaning "designed for"; the word
"structure" includes the word "building"; the word "shall" is mandatory and not directory; and the word
"lot" includes the words "plot" and "tract".
(b) Words and terms not defined in this section shall be interpreted in accord with their normal dictionary
meaning and customary usage.
(c) The following words, terms and phrases, when used in this chapter, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Accessory Building means a subordinate Building or outbuilding, or a portion of the main Building,
which is located on the same Lot or which is on a contiguous Lot, the use of which is clearly incidental to
the use of the main Building.
Accessory Uses means uses customarily incident to the principal uses as permitted, but not
including any commercial activity. Any Building, the use of which is not clearly accessory and incidental to
the main occupancy, shall be considered as a separate occupancy and shall conform to the provisions of
this chapter and chapter 6 for such occupancy.
Apartment Court means a group of two-story Buildings erected on one or m ore adjoining Lots and
usually grouped around a common Yard or Court, each Building containing Apartment Units separated by
a party wall and suitable for occupancy for a single Family and in which complete living facilities are
provided.
Apartment Hotel means a Building, usually under resident supervision, made of three or more
Apartment Units and Hotel Rooms, arranged with common corridors and exits and maintaining an inner
lobby or foyer through which there is access to apartments and Rooms, and which may furnish dining
room service primarily for Tenants.
Apartment House means a Building made of two or more Apartment Units or dwelling units so
arranged that each unit has direct access, with or without common corridors, to a means of egress from
the Building, and which may or may not maintain an inner lobby for its Tenants.
Apartment Unit means a Room or suite of Rooms occupied or suitable for occupancy as a residence
for one Family, and in which complete living accommodations are provided. The existence of or the
installation of a sink and/or cooking facilities within a Room or suite of Rooms shall be deemed sufficient
to classify such Room or suite of Rooms as an apartment or dwelling unit.
Building means a Structure, the use of which demands a permanent location on the land, built for the
support, shelter and enclosure of Persons, chattels, or movable or stationary Property of any kind; or
anything attached to something having a permanent location on the land.
Building Lines means lines established by this chapter, beyond which a Building or any projection of
a Building may not extend, except as specifically provided in this chapter.
Bulkhead or Seawall means a wall, constructed along the ocean, bay, Indian Creek or Baker's
Haulover, to retain or resist lateral displacement of any material back of it. For the purpose of this chapter,
the established Bulkhead, Seawall or erosion control line on the ocean, bay, Indian Creek and Baker's
Haulover shall be regarded as a point of measurement for Setback requirements of all Structures fronting
on these bodies of water.
Cabanas means permanent or portable bath cabins, together with only such accessories as
boardwalks, wood slat walks or sundecks, terraces, rubbing rooms and toilet facilities, but not intended for
sleeping or living quarters.
Carport means that portion of a Building or a canvas Structure under which vehicles may be driven
for the purpose of providing shelter for either the vehicles or Persons, and which is open, full width, front
and rear, in the direction of vehicle travel.
Club, Private, includes those associations and organizations of a fraternal or social character not
operated or maintained for profit. Private Clubs shall not include casinos, nightclubs, or other institutions
operated as a business.
Court means an open, unoccupied, unobstructed space, other than a Yard, on the same Lot as a
Building.
Court, Inner, means a Court not extending to a Street or alley or to a front, side or rear Yard.
Court, Outer, means a Court extending to a Street or alley.
Density. In the Ocean Front District, Density refers to the total number of dwelling units and/or
sleeping units capable of separate occupancy per gross acre of land. In other zoning districts, Density
refers to the total number of dwelling units and/or sleeping units per platted Lot.
Development order means any order or agreement granting, denying, or granting with conditions an
application for a development permit.
Development permit includes any building permit, zoning permit, subdivision approval, certification,
special exception, variance, or any other official action of local government having the effect of permitting
the development of land.
Dwelling, Multiple-Family, means a detached Building designed for occupancy otherwise than as a
Single-Family Dwelling. The term "Multiple Dwelling" shall be understood to include Apartment Houses,
Apartment Courts, and all other Family dwellings of similar character, but not to include Hotels or
Apartment Hotels.
Dwelling, Single-Family, means a detached Building designed for or occupied exclusively by one
Family only, living as a single housekeeping unit, together with such accessory accommodations as may
be reasonably required for the proper operation of the premises as a single-family unit.
Erosion Control Line means a surveyed line established by the State and recorded in the public
records of Dade County, Florida, which serves as the seaward boundary of Property in the Village.
Family means one or more Persons occupying premises and living together under one head as a
single housekeeping unit. The term "Family" shall be deemed to include domestic or personal servants,
but shall not include paying guests.
Floor Area Ratio (FAR) means the total gross floor area, including all floors but excluding
mezzanines, elevator shafts, emergency stairwells, trash chutes, other vertical mechanical spaces and
open balcony areas, measured to the outside of the Structure at each floor, and not including Parking
Structures, on a Lot, divided by the Lot area. (For example, a Building containing 20,000 square feet of
floor area on a zoning Lot of 10,000 square feet has a Floor Area Ratio of 2.0).
Garage, Private, means a garage in which no business, service or industry connected directly or
indirectly with motor vehicles is carried on.
Garage, Storage, means a garage used only for the storage of motor vehicles, or where any such
vehicles are stored or kept for remuneration.
Grade. When used in connection with the elevation of the ground, Grade means the average level of
the natural ground adjacent to the exterior walls of a Building and shall be measured in feet above the
finished grade of the center of the street on which the Lot fronts, or refers to an elevation above an
established benchmark.
Groin means a Structure built of wood, steel or concrete on piling, running seaward, and serving the
purpose of a breakwater to prevent beach erosion.
Gross Leasable Area (GLA) means the gross floor area minus the following floor area deductions:
(a) elevator shafts and stairways; (b) public restrooms; (c) public lobbies, common mall areas, atriums
and courtyards provided solely for pedestrian access to the building from the exterior, and/or for aesthetic
enhancement or natural lighting purposes; (d) permanently designated corridors (i.e. not subject to
relocation by the requirements of a specific lease); (e) parking, loading and mechanical/equipment areas;
(f) service corridors; (g) storage; (h) back of house/office; (i) outdoor areas; and (j) license areas.
Guest House means a detached Structure or accessory Building intended to be occupied by
nonpaying guests in connection with a Single-Family Dwelling, and equipped with sanitary plumbing
facilities only; it shall provide Rooms and necessary appurtenances for the sleeping accommodations of
nonpaying guests and their servants, but shall not provide cooking facilities. When used in connection
with a Multiple-Family Dwelling, a Guest House means a detached dwelling occupied or intended to be
occupied for hire and shall be considered an Apartment Unit, with complete living accommodations
permitted.
Guest Room. In connection with a Single-Family Dwelling, Guest Room means a Room in the main
or accessory Building, occupied or intended to be occupied by nonpaying guests, and equipped with
sanitary plumbing facilities only. When used in connection with a Multiple-Family Dwelling, Guest Room
means a Room in the main Building to be occupied by paying guests, and shall be considered the same
as a Hotel Room.
Height of a Building or Structure means the vertical distance from the average Street Grade to the
highest point of the coping of a flat roof or to the average height of the highest gable of a pitch or hip roof.
Penthouses shall be considered in determining both the Height and the number of Stories of a Building.
When a parapet wall is provided, the vertical distance shall be measured from the average Street Grade
to the highest point of its parapet wall. Parapet walls shall not exceed four feet in height as measured
from the highest point of the roof to the highest point of the parapet wall.
Hotel means a Building or premises where lodging or sleeping accommodations of more than 100
Rooms are provided.
Landscaping means various forms of live plant materials, including trees, shrubs, ground cover,
flowers, grass or other similar materials. It shall not be construed to include hard materials such as
concrete, stone, brick pavers or other similar treatments which may be utilized in conjunction with live
plant materials.
Lot means a parcel of land fronting on a Street, drive, or waterway, which is or may be occupied by a
Building and its necessary Buildings, including the open spaces required under this chapter, and which
parcel of land is a matter of record in Dade County, Florida.
Lot, Corner, means a Lot abutting on two or more Streets at their intersection.
Lot Coverage means the percentage of Lot area that is covered by surfaces impervious to the
penetration of water into the ground. For purposes of making maximum Lot Coverage calculations, brick
paver surfaces will be counted as 50 percent of their area being impervious.
Lot Depth. The depth of a Lot is the distance, measured in the mean direction of the side lines of the
Lot, from the midpoint of the Street Lot Line or Bulkhead line to the opposite main rear line of the Lot or,
in the case of a three-sided Lot, to the intersection of the side lines.
Lot, Interior, means a Lot other than a Corner Lot.
Lot Lines means the lines bounding a Lot.
Lot, Through, means a Lot which abuts on two opposite ends on Streets or other similar public
spaces.
Lot Width means the mean width of a Lot measured at right angles to its depth.
Mechanical Equipment includes but is not limited to air conditioning compressors and condensers,
heating-ventilation equipment, electrical transformers, and pool or spa equipment, ground-mounted or on
pads.
Mixed Occupancy means occupancy of a Building or land for more than one use.
Nonconforming Use means a Building or land occupied by a use that does not conform with the
regulations or the use district in which it is situated.
Parking Lot or Parking Area means an open, unoccupied area of land used or required for use for
parking of automobiles. Parking Lots or Areas shall be located or permitted in Multiple-Family, Business
or Private Club Districts only.
Parking Structure means any Structure designed and used primarily or exclusively for parking or
storage of automobiles or other motor vehicles.
Penthouse means any Structure above the main roof of a Building used for living, professional or
business purposes. Penthouses may also be used for housing elevator machinery and water storage
tanks. Penthouses, except when used for machinery or storage of water, are considered as an additional
Story to the height of a Building and shall be considered in Height measurement.
Permitted Use means any purpose for which Buildings or other Structures or land may be arranged,
designed, intended or occupied.
Porch means a roofed-over portion of a Building which is open or screened on one, two or three
sides, one or two Stories in Height.
Portable Storage Unit means a transportable container designed for outdoor use which is not a
"building" or "structure" as those terms are defined in this section, which is ordinarily rented or leased to
owners or occupants of real property, is placed and removed by means of a truck or other motor vehicle,
and is designed for the storage of property.
Porte-Cochere means a one-story Porch under which vehicles may be driven for the purpose of
providing shelter for either the vehicles or Persons, and which is open, full width, front and rear, in the
direction of vehicle travel, and open not less than 50 percent on the outer side.
Principal Building means a Building containing the principal use of the Lot on which the Building is
situated.
Restaurant means every Building or part thereof and all outbuildings used in connection therewith, or
any place or location kept, used, maintained as, advertised as, or held out to the public to be a place
where food is prepared and/or served, either gratuitously or for pay.
Room means every compartment in any Building, including parlors, dining rooms, sleeping rooms,
and enclosed Porches, kitchens, offices, stores, sample-rooms, and living rooms, but not including halls,
bathrooms, closets, pantries, storage or equipment rooms or Cabanas.
Servants' Quarters. As accessory to multifamily occupancies, Servants' Quarters means
accommodations for such number of servants and other employees as are required by the main
occupancy, which accommodations may be detached and may or may not include separate cooking
facilities. As accessory to single-family occupancies, Servants' Quarters means accommodations for such
number of servants in personal service and/or for the maintenance of the premises as could reasonably
be required, which accommodations may be detached but shall not have separate cooking facilities
except in connection with Properties which have a ground area of 15,000 or more square feet.
Service Station means a Building where gasoline, oil and greases, batteries, tires, and automobile
accessories are supplied and dispensed to the motor vehicle trade, and also where the following services
are rendered, and none other:
(1) Sale and servicing of sparkplugs and batteries.
(2) Tire repair and servicing, but no recapping or vulcanizing.
(3) Replacement of mufflers and tailpipes, water hoses, fan belts, brake fluid, lightbulbs, floor mats,
seat covers and windshield wiper blades and arms, and replacement of grease retainers and
wheel bearings.
(4) Radiator cleaning and flushing.
(5) Washing and polishing.
(6) Greasing and lubrication.
(7) Exchanging fuel pumps and installing fuel lines.
(8) Minor servicing and replacement of carburetors.
(9) Emergency wiring repairs.
(10) Adjusting brakes, operating brake testing machines, and installing exchange brake shoes.
(11) Tuning engines, with the exception of grinding valves, cleaning carbon, or removing the heads
of engines and/or crankcases.
Setback means the minimum horizontal distance between the street line and the front line of the
Building, or between the Bulkhead, Seawall or other established line and the Building, or between the
side Lot Lines and the Building or any projection, except as otherwise provided in this chapter.
Square Foot Content. In determining the minimum number of square feet of floor area described in
this chapter for Buildings in certain sections of the Village, the following shall not be included in the
Square Foot Content: open terraces; Porte-Cocheres; Carports; garages, either attached or detached; or
Accessory Buildings. Notwithstanding the above, this definition is not intended to exempt such accessory
uses from maximum lot coverage calculations.
Story means that portion of a Building included between the upper surface of any floor and the upper
surface of the floor next above, except that the topmost Story shall be that portion of a Building included
between the upper surface of the topmost floor and the ceiling or roof above. If the finished floor level
directly above a basement is more than six feet above Grade, such basement shall be considered a
Story. For the purposes of Section 80 of the Village Charter, it is hereby specified that there shall be no
limitation on the height of a building "story," so long as the overall height limits specified within this Code
are not exceeded. It is the specific intent of the Village Council that the 11 foot story height limitation
contained in Section 80 of the Charter shall not be applicable in any zoning district as it is the intention of
the Council that the height of a story shall be specified as "unlimited" so as to allow freedom of design for
lofts, mezzanines, vaulted ceilings, lobbies, assembly areas, mechanical rooms or spaces, multi-story
units or clerestory areas.
Street means a thoroughfare which affords the principal means of access to abutting Property.
Street Grade means the average elevation of the centerline of the abutting Street as measured at the
crown of the road.
Structural Alterations means any change, except for repairs or replacement, in the supporting
members of a Building such as bearing walls, columns, beams or girders.
Structure means anything constructed or erected, the use of which requires more or less permanent
location on the land, or attached to something having a permanent location on the land.
Vacation Rental, Short-Term. A Short-Term Vacation Rental means any occupancy of a single-
family, two-family, multi-family or townhouse dwelling unit for a period of time of not less than six
consecutive calendar months, or such dwelling unit which is advertised or held out to the public as a
place rented for a period of time of not less than six consecutive calendar months.
Xeriscape. A method of water conservation gained through the utilization of trees, shrubs, vines,
plants, groundcover and turf grasses which are drought tolerant. The implementation of appropriate
planning and design, use of soil amendments, efficient irrigation, practical turf grass, use of drought
tolerant plants, mulches and appropriate maintenance results in reduced water consumption but still
provides a very wide range of attractive landscaping alternatives.
Yard means the open space required adjacent to Lot Lines for the control of the Density of Building.
Such Yards shall be unobstructed from the ground to the sky except as otherwise provided in this
chapter.
(Ord. No. 169, §§ 3-1, 3-2, 6-29-74; Ord. No. 193, § 5, 7-26-77; Ord. No. 205, § 2(A)—(C), 11-14-78; Ord.
No. 297, § 1, 10-28-86; Ord. No. 356, § 2, 11-13-90; Ord. No. 438, § 6, 4-20-99; Ord. No. 473, § 1, 6-18-
02; Ord. No. 512, § 2, 10-17-06; Ord. No. 513, § 2, 11-14-06; Ord. No. 549, § 2, 5-31-2011; Ord. No. 564,
§ 2, 10-16-2012)
Sec. 21-315. – Special Business Improvement Area.
(a) The purpose of a Special Business Improvement Area is to allow parcels greater than ten (10)
abutting acres in size to be master planned so as to allow greater integration of public improvements
and enhancements, and greater flexibility so as to result in higher or specialized quality building and
design with the Special Business Improvement Area.
In addition, the purpose of the Special Business Improvement Area is to encourage the master
planning of parcels greater than ten (10) acres in order to allow for unique buildings and design; to
provide greater integration of public and private improvements; and to provide new and improved
facilities to promote and support tourism in Bal Harbour.
(b) The single or multiple owner(s) of abutting properties in excess of ten (10) acres may utilize the
regulations of this section, in lieu of the other regulations provided for in this Code.
(c) A Special Business Improvement Area shall include a map of the area and a list of the property
owners.
(d) A Special Business Improvement Area shall assign at least five (5%) of its aggregated lot area to be
used on occasion by the public for a civic use. A civic use may include, art in public places,
philanthropic events, municipal events, or other community events agreed and approved by the
Village Manager and property owner.
(e) Development within the Special Business Improvement Area shall be governed by a recorded
development agreement.
Sec. 21-318. - Maximum Building Height.
Except as set forth herein,
(1) Nno Building or Structure in the B Business District shall exceed 56 feet or three Stories in
Height, whichever is less. No Parking Structure shall exceed 56 feet or five Stories above the
surface parking level in Height, whichever is less. Any Parking Structure which exceeds 36 feet
or three Stories shall require a public hearing in accordance with the procedures set forth in
Sections 21-51 and 21-52 and the standards set forth in Section 21-53(a). Notwithstanding any
other limitation herein, for any assemblage of contiguous Lots now or hereafter owned by the
same owner in the Business District which contains five or more contiguous acres, an area not
to exceed 42,600 square feet thereof may, after a public hearing in accordance with the
procedures set forth in Sections 21-51 and 21-52 and the standards set forth in Section 21-
53(a), contain Structures not to exceed 69 feet in Height. Except as provided below, when a
parapet wall is provided, the vertical distance shall be measured from the highest point of any
street bounding the property to the highest point of the parapet wall. Parapet walls shall not
exceed four feet in Height as measured from the highest point of the roof to the highest point of
the parapet wall. Except as otherwise provided herein, a "Story" of a Structure shall be
considered to be no greater than 19 feet in Height and a "Story" of a Parking Structure shall be
considered to be no greater than 11 feet six inches in Height.
(2) Notwithstanding anything herein to the contrary, in the Special Business Improvement Area a
Building or Structure, including a Parking Structure, may have a maximum height of 69 feet.
(Ord. No. 169, § 6-10(c), 6-29-74; Ord. No. 205, § 2(D)—(G), 11-14-78; Ord. No. 298, § 3, 11-25-86; Ord.
No. 512, § 2, 10-17-06)
Sec. 21-319. - Yards; Setbacks.
(a) The following Yard and Setback requirements shall apply in the B Business District:
(1) Front Yard Setback. The following front Yard Setbacks shall be maintained:
a. From Collins and Harding Avenues:
1. 50 feet for Buildings occupied and used for the sale of merchandise or services at
retail.
2. 100 feet for Parking Structures and all other Structures.
b. From 96th Street: 7.5 feet for all Buildings, Parking Structures and all other Structures.
c. From Bal Bay Drive: 20 feet for all Buildings, Parking Structures and all other Structures.
d. From Park Drive: 100 feet for all Buildings, Parking Structures and all other Structures.
e. From Bal Cross Drive: 50 feet for all Buildings, Parking Structures and all other Structures.
(2) Interior, side and rear Yards. There shall be interior, side and rear Yards having a width of not
less than seven feet six inches on each side of a Building or Structure, including Parking
Structures.
(3) Waterfront Setback. There shall be a waterfront Setback of 40 feet, as measured from the
outside face of the Seawall.
(b) The following Yard and Setback requirements shall apply in the Special Business Improvement Area:
(1) Front Yard Setback. The following front Yard Setbacks shall be maintained:
a. From Collins and Harding Avenues:
1. 20 feet for Buildings occupied and used for the sale of merchandise or services at
retail.
2. 35 feet for Parking Structures and all other Structures.
b. From 96th Street: 0 feet for all Buildings, Parking Structures and all other Structures.
c. From Bal Bay Drive: 3.5 feet for all Buildings, Parking Structures and all other Structures.
d. From Park Drive: 40 feet for all Buildings, Parking Structures and all other Structures.
e. From Bal Cross Drive: 25 feet for all Buildings, Parking Structures and all other Structures.
(2) Interior, side and rear Yards. There shall be interior, side and rear Yards having a width of not
less than zero feet on each side of a Building or Structure, including Parking Structures.
(3) Waterfront Setback. There shall be a waterfront Setback of 15 feet, as measured from the
outside face of the Seawall.
(Ord. No. 169, § 6-10(d), 6-29-74; Ord. No. 205, § 2(D)—(G); Ord. No. 298, § 3, 11-25-86)
Sec. 21-320. - Traffic level; approval of traffic analysis.
(a) All applications for review of a major site plan in the B Business District shall be accompanied by a
traffic survey and analysis prepared by a qualified traffic engineer showing that any additional
vehicular movements generated by reason of the construction, expansion or alteration can be
accommodated by the adjacent Streets at the peak traffic hour on the Streets without causing the
Level of Service on the 96th Streets to deteriorate to a exceed Level of Service E D or worse or the
Level of Service on Collins and harding Avenues to exceed Level of Service E+20. Vehicular access
to and from the Business District shall be limited to Collins/Harding Avenue and to 96th Street.
(b) No major site plan approval shall be issued unless or until a traffic survey and analysis meeting the
requirements of subsection (a) of this section has been filed with the Building Official and considered
by the Village Council as part of the public hearing.
(c) For purposes of this section, the term "Level of Service" (abbreviated as "LOS") refers to the overall
quality of flow on an arterial roadway. at an intersection. To quantify the various Levels of Service
which can be experienced, the following criteria shall apply:
(1) LOS A. LOS A is the highest Level of Service which can be achieved. Under this condition, the
green time available for any particular movement is never fully utilized, and no vehicle waits
longer than one red indication. Typically, the approach appears quite open, turning movements
are easily made, and nearly all drivers find freedom of operation, their only concern being the
change that the signal will be red or turn red when they approach. Volumes are generally less
than 60 percent of capacity.
(2) LOS B. LOS B is representative of stable operation. An occasional vehicle will be forced to wait
through more than one red indication, and many drivers will begin to feel somewhat restricted
within groups of vehicles. Volumes are usually between 60 percent and 70 percent of capacity.
(3) LOS C. At LOS C, although still representative of stable operation, more drivers are forced to
wait through more than one red indication, and backups may develop behind turning vehicles.
Most drivers are beginning to feel restricted, but not objectionably so. This is the level typically
associated with urban design practice. Traffic volumes under this Level of Service are generally
between 70 and 80 percent of capacity.
(4) LOS D. LOS D encompasses a zone of increasing restriction approaching instability. Delays to
approaching vehicles may be substantial during short peaks within the peak period, but enough
slack occurs to permit periodic clearance of long lines, thus preventing excessive backups.
Traffic volumes at LOS D are between 80 and 90 percent of capacity.
(5) LOS E. LOS E represents the capacity of the intersection where there are likely to be long lines
of vehicles waiting upstream of the intersection and delays may be great (drivers may have to
wait through several red indications). Traffic volumes in excess of 90 percent of capacity are
indicative of LOS E.
(6) LOS F. LOS F represents jammed conditions. Backups from locations downstream or on the
cross street may restrict or prevent movement of vehicles out of the approach under
consideration; hence, volumes carried are not predictable.
(d) LOS on these roadways shall be defined by definitions and methodology consistent with the latest
version of the Highway Capacity Manual. LOS thresholds will be defined by the most recent LOS
tables, procedures and/or software published by the FDOT and approved for use by FDOT District 6.
(Ord. No. 169, § 6-10(e), 6-29-74; Ord. No. 205, § 2(D)—(G), 11-14-78; Ord. No. 298, § 3, 11-25-86;
Ord. No. 2012-566, § 3, 11-20-2012)
Sec. 21-321. - Floor Area Ratio.
(a) The maximum allowable Floor Area Ratio for the B Business District shall be FAR 0.70.
(b) The maximum allowable Floor Area Ratio for the Special Business Improvement Area shall be FAR
1.20.
(Ord. No. 169, § 6-10(f), 6-29-74; Ord. No. 205, § 2(D)—(G), 11-14-78; Ord. No. 298, § 3, 11-25-86)
Sec. 21-358. - Walls, fences and landscape plantings.
(a) In the Single Family Residential Districts (R Districts), Private Club District (PC District) and the
Multiple Family Residential Districts (RM Districts), no wall or fence shall be erected outside of the
Building Lines which is higher than five feet above the elevation of the centerline of the adjoining
Street. Notwithstanding the above, in the R-2 Single Family Residential District, walls or fences
which are within the Front Building Line Area and are parallel to the front property line shall be
structured to the following design criteria:
(1) A maximum of two feet of opaque wall surface above grade shall be permitted.
(2) The balance of allowable wall/fence height up to the maximum five-foot height may be
constructed of nonopaque material such as wrought iron, aluminum, decorative open weave
concrete or clay products, glass block and similar materials. Supplemental landscaping
acceptable to the Village Architectural Review Board (ARB) shall be provided on the street side
of any such wall or fence.
(3) Any such wall shall be decorative, with finishes on both sides and compatible with the dwelling
architecture.
(4) The Architectural Review Board (ARB) may grant exceptions to the design criteria stated herein
based on creative and compatible design solutions.
(b) In Blocks 1 and 12 in zoning districts R-1, RM-4 and RM-5, no wall or fence more than four feet in
height shall be created between the Seawall and the front Setback line.
(c) In the Ocean Front District (OF District) and Business District (B District), no boundary wall or fence
shall be constructed which is more than six feet above the elevation of the center of the adjoining
Street.
(d) In all zoning districts, ornamental entrances, fountains, rotisseries, flower bins and similar
architectural features exceeding the wall height restriction will be permitted, provided that:
(1) No such feature shall exceed in height the wall height restriction for that district plus three feet.
(2) There shall be only one such feature in any front, side or rear Yard, except that there may be
two entrance gates.
(3) There shall be at least ten feet between any such feature and any part of any Building on the
same Lot, measured at right angles from the feature.
(4) Such features shall not restrict passage through front, rear or side Yards to less than 88 inches
in any place.
(e) Hedges of living vegetation in the P.C. District may be kept and maintained with the same limitations
for walls in said district. In all other districts, hedges may be kept and maintained without any height
limitation, provided such hedges are neatly trimmed and do not interfere with traffic or visibility on
public rights-of-way.
(f) Planting of vegetation in Easement Areas.
(1) No trees may be planted within any easement as shown on the recorded plats of the various
subdivisions of the Village ("Easement Areas"). Nothing in this section shall be construed to
prohibit the planting of low-growth Landscaping in Easement Areas ("Easement Landscaping").
Easement Landscaping is subject to removal by the Village without notice in the event that the
Easement Landscaping impedes access to Easement Areas. The Village shall not be
responsible for damage to Easement Landscaping removed.
(2) Prior to planting of low-growth Landscaping in Easement Areas, a Landscaping plan shall be
provided to the Village for review to ensure compliance with subsection (f)(1) of this section.
(3) Prior to planting of low-growth Landscaping in Easement Areas, the Owner shall execute a
Permission for Removal, Release and Indemnification Agreement, in a form acceptable to the
Village, pertaining to low-growth Landscaping in Easement Areas.
(Ord. No. 169, § 5-8, 6-29-74; Ord. No. 297, § 4, 10-28-86; Ord. No. 330, § 1, 5-16-89; Ord. No. 348,
§ 1, 7-17-90; Ord. No. 438, § 6, 4-20-99)
Sec. 21-382. - Interpretation of requirements.
(a) Alterations and change in use. Whenever a Building, Structure or use is enlarged by the addition of
floor area, number of units, employees, seating capacity or otherwise, which creates a requirement
for increased off-street parking spaces, such spaces shall be provided on the basis of the
enlargement or change.
(b) Change in use. When the use of any Structure or premises is changed, in total or part, to a different
use, parking spaces shall be provided on the basis of the change in use.
(c) Mixed uses. In the case of mixed uses within a Building or Structure, the parking spaces required
shall equal the sum of the requirements of the various uses computed separately., unless an
Administrative Adjustment is granted per Sec. 21-384, paragraph 7.
(d) Fractional remainders. When the unit of measurement determining the number of required parking
spaces results in the requirement of a fractional space, any fraction shall be counted as an additional
parking space.
(e) Gross floor area. When the unit of measurement determining the number of required parking stalls is
based upon gross floor area, such area shall be calculated by measuring the total floor area from
within the exterior surface of the walls of the Structure.
(f) Employees. When the unit of measurement determining the number of required parking stalls is
based on number of employees, the maximum shift or employment period during which the greater
number of employees are present at the Structure or use shall be used in the computation.
(g) Plot plan. Any application for a building permit or certificate of occupancy shall be accompanied by a
plot plan, drawn to scale and fully dimensioned, showing the development of the Property, including
the layout and development of any off-street parking facilities to be provided. All parking spaces shall
be designated, as well as the access drives, screening, Landscaping and other improvements to be
provided.
(Ord. No. 169, § 7-2, 6-29-74)
Sec. 21-383. - Location.
(a) On-site location. All parking facilities shall be provided on the same Lot as the Structure or use
served, except where specifically permitted to be located on a different Lot by other provisions of this
section.
(b) Off-site location. Off-street parking facilities for Hotels may be provided on a Lot other than the Lot
on which the Structure or use served is located, provided that:
(1) No more than 25 percent of the total required spaces are located in off-site facilities.
(2) The off-site facilities are located in the same zoning district as the Structure or use served.
(3) Valet parking service is provided.
(4) The Owners of the land on which the facilities are to be provided shall record an agreement,
approved by the Village Attorney as to form and content, in the office of the County Clerk, as a
covenant running with the land for the benefit of the Village. The agreement shall provide that
the facilities shall be continued so long as the Structure or use they are intended to serve is
continued. The number of required parking spaces may include up to 25 percent off-site
parking. The off-site parking shall be located within reasonable walking distance of the land use
served, or, if outside a reasonable walking distance, a dedicated shuttle service appropriate to
the needs of the parkers at the off-site facility shall be provided, or valet parking service shall be
provided on-site. A long term lease or covenant assuring that the spaces will be available to the
land use must be executed if the spaces are owned or controlled by a party other than the
property owner of the land use served. Such lease or covenant shall be approved as to form
and content by the Village Attorney.
(Ord. No. 169, § 7-3, 6-29-74)
Sec. 21-384. - Number of spaces.
The schedule of off-street parking requirements shall be as follows:
(1) Single-family detached dwellings: Two parking spaces for each dwelling unit, with not less than
one space provided within a garage or Carport.
(2) Multiple-Family Dwellings: One and one-half parking spaces for each dwelling unit, plus one
additional space for each ten dwelling units in the total apartment complex, plus the required
spaces for any business establishments contained within the complex.
(3) Hotels: One parking space for each Guest Room capable of separate occupancy, plus one
space for each 400 square feet of public assembly area, plus the required spaces for any
business establishments contained within the complex.
(4) Business establishments: Four parking spaces for each 1,000 square feet of leasable floor area
or 90 percent of gross floor area, whichever is the greater, except for the following uses:
a. Municipal Buildings.
b. Churches.
(5) Private Clubs: One parking space for each five members, plus one space for each three
employees.
(6) Private Recreational Facilities: One parking space for each 400 square feet of gross floor area.
Notwithstanding the provisions of section 21-385(a), at the discretion of the Village Council up
to 50 percent of the required number of parking spaces may be provided by the utilization of a
stabilized sodded grass alterative surface. Such sodded grass alternative surface shall conform
to Village specifications for base material, drainage and species of grass.
(7) Administrative Adjustments to Parking Requirements: An Administrative Adjustment to parking
requirements is a specific agreement between a property owner and the Village of Bal Harbour
that the number of spaces actually needed for a specific building or use is, or will likely be, less
than otherwise required for the specific reasons permitted herein. Administrative Adjustments
may be granted by the Village Manager.
i) Shared Parking: The Village Manager may authorize a reduction in the number of required
parking spaces for mixed-use developments or for uses that are located near one another
and that have different peak parking demands. Shared parking shall be subject to the
following standards.
(a) A shared parking study shall be performed by a qualified parking consultant or traffic
engineer, meeting the following requirements:
1. The study shall identify the properties and uses for the study; the study may
include properties and uses not subject to the zoning permit.
2. If parking is to be supplied by another party than the entity requesting the
adjustment, and covenants between the parties sharing parking are likely to be
required, the applicant for the adjustment to parking requirements shall provide
a letter from the property owners involved agreeing in concept to the covenants
should the adjustment be approved.
3. The methodology contained in the latest edition of Shared Parking published by
the Urban Land Institute shall be employed in the estimation of parking demand,
except that the base parking ratios as specified herein shall be employed where
they differ from those in Shared Parking.
(b) Where multiple parties own distinct portions of the development proposing a
reduction of parking due to shared parking, shared use agreements must be
formalized via appropriate documents including Letters of Agreement between
shared parking facility owners.
ii) Flex Parking Spaces: Recognizing the seasonal nature of population, tourism, business
activity and parking demand in the Village of Bal Harbour, the Village Manager may
approve parking plans whereby spaces designed and normally used for self-parking are
temporarily converted to valet parking layout and operations during peak periods of
activity. The capacity of the parking facility in the temporary valet parking layout shall be
used in determining the adequacy of the parking supply. The temporary valet layout need
not be striped.
iii) Site Specific Parking Study: Notwithstanding other provisions of this Article, the Village
Manager may approve a lesser amount of required parking based on a site specific
parking study, prepared by a qualified parking consultant or traffic engineer, which
adequately demonstrates that the number of spaces actually needed for a specific building
or use is, or will likely be, less than otherwise required.
(Ord. No. 169, § 7-4, 6-29-74; Ord. No. 171, § 1, 11-30-74; Ord. No. 404, § 3, 10-24-95)
Sec. 21-385. - Design and maintenance.
(a) Paving. All areas used for parking and maneuvering of vehicles, including all access driveways, shall
be paved with a dustless, all-weather surfacing material capable of carrying a wheel load of 4,000
pounds.
(b) Maintenance. All areas shall be maintained in a clean, orderly and dustfree condition at the expense
of the Owner or lessee.
(c) Drainage. All Parking Areas and access driveways shall be graded and drained so as to provide for
the disposal of all surface water.
(d) Marking. Individual stalls shall be marked with permanent lines, four to six inches wide. Plaza areas
which are used for parking part-time need not be so marked.
(e) Bumper guards and wheel stops. Every surface parking facility shall have bumper guards located
adjacent to any Building or Structure, wall, fence, hedge, walkway, landscaped area, property line or
parking stall, to protect Persons, Property, and other vehicles.
(f) Lighting. Adequate lighting shall be provided if off-street parking facilities are to be operated during
hours of darkness after 6:00 p.m. The lighting shall be arranged and installed so as to reflect light
away from adjacent Structures, premises, or Streets.
(g) Separation between parking spaces and dwelling served. All parking spaces shall be separated from
any exterior dwelling unit wall. In the Ocean Front (OF) and Business (B) Districts, the separation
shall be at least six feet in width and shall be unpaved and landscaped.
(h) Driveway location. Each access driveway shall be located on the Lot which it serves and designed
so as to cause the least practical interference with the use of adjacent Property and with the
movement of pedestrian or vehicular traffic.
(i) Driveway width. In the Ocean Front (OF) and Business (B) Districts, access driveway widths shall
have the following minimum dimensions:
(1) A minimum of 12 feet for all one-way driveways; one-way driveways shall not exceed 15 feet in
width.
(2) A minimum of 20 feet for all two-way driveways; two-way driveways shall not exceed 30 feet in
width.
(j) Number of driveways. In the Ocean Front (OF) District, there shall be no more than three driveways
for each 200 feet of street frontage on any lot, and no driveway shall be located closer than 20 feet to
any side Lot Line.
(k) Turnaround areas. All parking areas shall be arranged so that a vehicle shall not be required to enter
a Street to move from one location to any other location within the parking facility.
(l) Maneuvering and parking stall accessibility.
(1) All parking facilities shall be arranged so that parking maneuvers can be accomplished without
driving, maneuvering or encroaching into or upon any public right-of-way, walkway, or unpaved
landscaped area within or adjoining the parking facility.
(2) All parking stalls shall open directly upon a maneuvering or turnaround area, an access
driveway, or an aisle leading to an access driveway, and shall be individually and continuously
accessible, except as permitted in tandem parking.
(m) Tandem parking. Tandem parking is a parking layout in which one or more automobiles must be
moved in order to retrieve another automobile. Where tandem parking is employed, shall be
permitted provided that the tandem parking is not more than two stalls in depth, that full-time parking
attendants are provided required, and that no self-parking is shall be permitted. The restrictions of
this paragraph, requiring parking attendants and prohibiting self-parking, shall not apply if the tandem
parking spaces which restrict access to one another are assigned to the same occupancy or dwelling
unit, in accordance with a restrictive covenant filed in the official records of Miami-Dade County,
Florida and approved as to legal form and sufficiency by the Village Attorney.
(n) Ramps. A maximum grade of five six percent shall be permitted for sloped portions of sloping floor
garages where ramps provide direct access to stalls. Interfloor ramps and ramps to and from the
established Grade of any Street shall not exceed 12 14 percent, and no parking shall be permitted
directly off these ramps. For any ramp over 10 percent a transition ramp at least 10 feet long and at
half the slope of the main ramp shall be provided.
(o) Minimum dimensions. The following table provides the required minimum dimensions of parking
facilities based on the explanatory diagram: Parking layouts shall conform to the minimum
requirements of this section.
Definitions (see also Figure 1):
• Angle (θ): The angle of rotation of the stall from a position parallel to the wall or edge of the
module to the desired angle of parking, in degrees.
• Stall Width Projection (WP): The running dimension parallel to the wall or module edge of a stall
rotated to the associated angle. (WP = stall width/sin θ).
• Module (M): The out-to-out dimension of two rows of parked vehicles and the drive aisle between.
M= VP+A+ VP. Where single-loaded parking aisles (i.e., parking stalls on only one side of the
drive aisle) are provided, then Madj = M-VP.
• Vehicle Projection (VP): The rotation of a design vehicle 6’7” wide by 17’3” to the desired angle
plus an allowance of 9” clear distance between the parked vehicle and the wall or module edge,
measured perpendicular to the wall or module edge.
• Aisle (A): The drive aisle serving rows of parked vehicles. (A = M-2*VP).
• Interlock (i): An adjustment of the module for a parking design which has overlapping stalls. (i =
SW/(2*cos θ)). Where stalls on only one side of the aisle are interlocked, then Madj = M-i. Where
stalls on both sides of the module are interlocked, then Madj = M-2*i.
• Overhang (o): A dimension for the maximum permissible distance of a curb or wheel stop from
the edge of the module so as to not reduce the effective dimensions below the minimum required.
(o = 2’6”/sin θ).
• Wall offset (WO): The appropriate dimension to start the back end of a stall stripe from a wall,
face of column or other delineation, in order to maintain the specified stall width.
• Stripe Projections (SP): The recommended maximum projection of a stripe, perpendicular to the
wall or edge of module. It is not necessary or desirable to extend the stripe either to the VP or the
full length of a stall rotated to the desired angle.
• Stripe offset (SO): The projection parallel to the wall or `module edge of a stall stripe extending to
the stripe projection; used in laying out parking stalls to be sure that parked vehicles do not
encroach on adjacent spaces, such as turning bays or aisles.
Figure 1
TABLE OF DIMENSIONS (IN FEET)
O S P A B C D E F G H J K
0° 8.0 22.0 0.0 22.0 8.0 8.0 12.0 0.0 0.0 28.0
8.0 24.0 0.0 24.0 8.0 8.0 11.0 0.0 0.0 27.0
8.0 26.0 0.0 26.0 8.0 8.0 10.0 0.0 0.0 26.0
30° 9.0 19.0 30.0 18.0 17.3 13.4 9.0 13.5 6.0 43.6
45° 9.0 19.0 19.8 12.7 19.8 16.6 10.0 16.0 6.4 9.0 49.6 92.8
9.5 19.0 20.1 13.4 20.1 16.7 9.5 16.5 6.7 8.5 49.7 92.6
10.0 19.0 20.5 14.1 20.4 16.9 9.0 17.0 7.0 8.0 49.8 92.6
60° 9.0 19.0 12.1 10.4 21.0 18.8 17.0 15.0 2.6 12.0 59.0 113.6
9.5 19.0 12.3 11.0 21.3 18.9 15.5 15.0 2.8 11.5 58.1 111.4
10.0 19.0 12.4 11.5 21.5 19.0 14.0 15.0 2.9 11.0 57.0 109.0
90° 9.0 19.0 0.0 9.0 19.0 19.0 25.0 20.0 0.0 0.0 63.0 126.0
9.5 19.0 0.0 9.5 19.0 19.0 24.0 20.0 0.0 0.0 62.0 124.0
10.0 19.0 0.0 10.0 19.0 19.0 23.0 20.0 0.0 0.0 61.0 122.0
Table 1: Minimum Required Parking Dimensions
Angle of
Parking
Stall Width
9’0” 8’6”
Module Vehicle
Projection
Aisle Interlock
9’0” 8’6”
Overhang Wall Offset Stripe
Offset
Ө WP WP M VP A i i o WO SO
45 12’9” 12'0" 48’0" 17'8" 12'8" 3'2" 3’0” 1'9" 10'8" 16'6"
50 11’9” 11'1" 49’9" 18’3" 13'3" 2'11" 2’9” 1'11" 9'5" 13'10"
55 11’0” 10'5" 51’0" 18'8" 13'8" 2'7” 2’5” 2'1" 8'3" 11'7”
60 10’5” 9'10" 52’6" 19’0” 14'6" 2'3" 2’2” 2'2" 7'2" 9'6"
65 9’11” 9'5" 53’9" 19’2" 15'5" 1'11" 1’10” 2'3" 6'1" 7'8"
70 9’7” 9'1" 55’0" 19'3" 16'6" 1'6" 1’5” 2'4" 5’0" 6'0"
75 9’4” 8'10" 56’0" 19’1" 17'10" 1'2" 1’1” 2'5" 3'10" 4'5"
Angles of parking between 76 and 89 degrees not permitted.
90 9’0” 8'6" 60’0" 18’0" 24'0" 0'0" 0’0” 2'6" 1'0" 0'0"
Notes to Table 1:
1. 9’0” stalls shall be used except that 8’6” stalls may be used for the following uses: residential, general
business offices, data processing/telemarketing/operations offices, industrial, storage/wholesale, utility, and
educational (except for spaces serving cultural/ recreational/ entertainment uses at educational campuses.)
2. Dimensions may be interpolated for angles between 45 and 75 degrees.
3. All dimensions based on Design Vehicle of 6’7” by 17’3”, parked 9” from front of stall
4. Light poles and columns may protrude into a parking module a maximum of 2 ft combined as long as they
do not impact more than 25% of the stalls. For example, either a one foot encroachment on both sides of
the aisle, or a 2 ft encroachment on one side only, is acceptable.
5. Interlock reductions cannot be taken where there is encroachment by columns, light poles or other
obstructions for more than 25% of the stalls in the bay.
6. All dimensions rounded to the nearest inch.
7. Aisles and corresponding modules are for two way traffic flow for 90 degree parking and one way traffic
flow for angled parking between 45 and 75 degrees.
8. For two-way traffic flow and angled parking, a minimum 24 ft aisle is required.
9. Parallel parking stalls to be 8’ by 22’, with 12’0’’ travel lane. For parallel parking along a two-way drive, a
minimum aisle of 24 ft. is required.
(p) Valet Parking Layouts: When parking spaces are employed in a permanent valet parking operation,
or as temporary valet parking spaces in a Flex Parking operation as defined in this Article, they shall
be not less than 8’ 3” wide and the stall length shall be not less than 17’ 6”. The aisle widths for
valet parking must provide reasonable maneuvering space for the valet operation, but need not
conform to the requirements for self-parking contained in Table 1.
At least 80% of obstructed stalls must be arranged so that no more than one vehicle needs to be
moved in order to retrieve another vehicle. In no case shall more than two vehicles need to be
moved in order to retrieve another vehicle.
(p)(q) Pedestrian access.
(1) Each principal Structure shall be provided with not less than one pedestrian accessway
between the Principal Building and Collins Avenue for each 200 feet of Lot frontage or portion
thereof.
(2) Accessways shall be a minimum of four feet in width, clearly marked, and physically designed to
protect pedestrians from traffic circulation in off-street parking areas and driveways.
(Ord. No. 169, § 7-5, 6-29-74; Ord. No. 448, § 1, 4-18-00)
Sec. 21-387. - Landscaping.
(a) Applicability of section. For parking facilities with more than ten parking spaces, the Landscaping
requirements set out in this section shall apply.
(b) Interior Landscaping. For surface parking facilities, at least ten percent of the parking facility shall be
permanently landscaped. The interior Landscaping requirement shall be computed on the basis of
the Net Parking Facility. For the purposes of this section, "Net Parking Facility" shall include parking
stalls, access drives, aisles, walkways, dead spaces, and required separations from Structures, but
shall not include required Street Setbacks or access driveways for walkways within such Setbacks.
(c) Planting beds. All Landscaping shall be contained in planting beds. Each planting bed shall have a
minimum width of four feet and a minimum area of 25 square feet and shall be enclosed by concrete
or masonry curbing at least four inches wide and six inches in height above the paving surface.
(d) Plant material.
(1) Surface parking facilities shall contain at least one tree for each 1,000 square feet of required
parking area. In addition to required trees, each planting bed shall contain appropriate ground
cover or shrubbery.
(2) Nonplant material such as statuary or fountains may be used in landscaped areas provided it
does not dominate the planting bed.
(e) Sprinkler system; maintenance. Landscaping installed shall be provided with complete sprinkler
systems, and continuously maintained.
(f) Plot plan.
(1) All required plot plans for parking facilities shall contain detailed Landscaping plans.
Landscaping plans shall be prepared by Persons authorized under F.S. ch. 481, part II, to
prepare Landscaping plans.
(2) The Landscaping plan shall be drawn to an accurate scale and shall include:
a. The location and size of planting beds.
b. The location and variety of all plant material to be used.
c. The location and type of sprinkler system to be provided.
(Ord. No. 169, § 7-7, 6-29-74; Ord. No. 297, § 7, 10-28-86)
ShubinBassPROFESSIONALASSOCIATIONViaE-MailDecember17,2014Mr.JorgeM.GonzalezVillageManagerBalHarbourVillage65596thStreetBalHarbour,Florida33154manager(balharbour.orgRe:RedevelopmentandExpansionofBalHarbourShopsandChurchbytheSea-ProposedTextAmendmentApplicationDearVillageManagerGonzalez:ThiscorrespondenceisbeingtransmittedtoyouonbehalfofBalHarbourShops,LLLP(“BHS”)toaddresscertainquestionsposedbyyouregardingtherelationshipbetweenBHS’spendingexpansionapplication(includingitsapplicationforatextamendmenttotheexistingBBusinessDistrict)andtherelaxationofcertainexistingstandardsintheBalHarbourVillage’sCode.Specifically,theproposedTextAmendmentApplicationsubmittedtoBalHarbourVillageforconsiderationonDecember5,2014addressesthefollowingconditionswhichcouldalsobeaddressedbynon-usevariances,pursuanttoSection21-53oftheVillage’sCode:1.CollinsAvenueSetback(relaxationof50ft.setbacktoapproximately20-35ft.);2.HardingAvenueSetback(relaxationof50ft.setbacktoapproximately20-35ft.);96hStreetSetback(relaxationof7.5ft.setbacktoapproximately0ft.);4.BalBayDriveSetback(relaxationof20ft.setbacktoapproximately3.5ft.);5.ParkDriveSetback(relaxationof100ft.setbacktoapproximately40ft.);6.InteriorSetbackfacingexistingVillageHall(relaxationof7.5ft.setbacktoapproximately0ft.);7.CinemaHeight(relaxationoftheheightrestrictionto69ft.);8.FAR(relaxationof0.7FARtoallow1.18FAR);46Sw1stStreet,3rdFloorMiami,Florida33130ShubinBass.comTel3053816060Fax3053819457
Page2of29.TotalAmountofParkingSpacesProvided/ParkingRatios(relaxationof4/1000parkingratiotoapproximately3.2/1000);and10.ParkingSpaceDimensions/DrivelaneDimensions(relaxationofstandardtoallowforconfigurationbasedon75degreeangleparkingspaces).Wehopethatthiscorrespondenceadequatelyrespondstoyourquestions.Asalways,pleasefeelfreetocontactuswithanyquestionsregardingthismatter.Sincerely,JohnK.ShubinAmyE.HuberDeanaD.FalceFortheFirmcc:Mr.RaulRodriguez,VillageBuildingOfficialbui1dingofficial(,ba1harbour.orgMr.RichardWeiss,Esq.,VillageAttorneyrweiss(d),wsh-law.comMs.MariaP.Spiliopoulos,Esq.mspi1(fwb1aw.netShubinBassPROFESSIONALASSOCIATION46SW1stStreet,3rdFloorMiami,Florida33130
M E M O R A N D U M
From: Michael D. Katz, Esq.
To: File #02630.002
Re: Miami Beach Heights, Inc.
Dated: November 19, 2014
Miami Beach Heights, Inc. (“MBH”) conveyed the current site of the Church by the Sea via two
deeds in 1947 1 and 19512. Those deeds contained identical restrictions among others, limiting
the use of the lands exclusively for church, religious and religious educational purposes.
The deeds in question contain various enforcement rights, reversionary rights and other
equitable rights. The deeds reserved the right of assignment by MBH with the assignees to
have every right, power and authority reserved to MBH by such deeds.
MBH on February 25, 1955 assigned those rights to Harbour Square, Inc. by deed 3. Harbour
Square, Inc. changed its name to Bal Harbour Shops, Inc4. On July 19, 2014, Stanley Whitman, as
the sole surviving member of Bal Harbour Shops, Inc., transferred those rights to Bal Harbour
Shops, LLLP 5.
Bal Harbour Shops, LLLP owns and controls the Deed Restrictions on the Church site.
h:\lib\docs\02630002\memo\nq1848.docx
1 Warranty Deed dated June 5, 1947, recorded in Official Records Book 2886, at Page 198, Public Records of Miami-Dade
County, Florida
2 Warranty Deed dated October 10, 1951, recorded in Official Records Book 3505, at Page 170, Public Records of Miami-Dade
County, Florida
3Quit Claim Deed dated February 25, 1955, recorded in Official Records Book 4050, at Page 315, Public Records of Miami-Dade
County, Florida
4Harbour Square, Inc. changed its name to Bal Harbour Shops, Inc. on October 2, 1957
5Quit Claim Deed dated July 29, 2014,recorded in Official Records Book 29399, at Page2971,Public Records of Miami-Dade
County, Florida