XXXX Small Scale Development NRD1 Legisaltion 20180201
XXXX Small Scale Development NRD1 Legisaltion 20180201
XXXX Small Scale Development NRD1 Legisaltion 20180201
Title
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING
APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND
APPENDIX J: NEIGHBORHOOD REVITALIZATION DISTRICTS OF ORDINANCE NO. 13114,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY AMENDING
SECTION 3.1 ENTITLED “OFF-STREET PARKING AND LOADING STANDARDS”, SECTION 4,
TABLE 2 ENTITLED “T5 – URBAN TRANSECT ZONE” AND SECTION 5, ILLUSTRATION 5.1
“URBAN CENTER TRANSECT ZONE”, TO MODIFY STANDARDS FOR SMALL SCALE
COMMERCIAL BUILDINGS AND APPLICABLE PARKING RELAXATIONS WITHIN THE NRD-1
BOUNDARIES;; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114,
the Zoning Ordinance of the City of Miami, known as the Miami 21 Code ("Miami 21 Code");; and
WHEREAS, on September 24, 2015, Ordinance No. 13561, amended the Miami 21 Code,
to include Appendix J: Neighborhood Revitalization District (“NRD-1”);; and
WHEREAS, The NRD-1 was established to foster medium-scale development and
promote the transition of Wynwood from an industrial district into a diverse, mixed-use, residential
neighborhood;; and
WHEREAS, the character of existing buildings in Wynwood is traditionally one (1) and two
(2) story warehouse buildings, many of which have been converted into commercial uses for art
galleries, retail, and other stores and services that have contributed and continue to contribute
significantly to the revitalization of Wynwood;; and
WHEREAS, it has been determined that modifying Section 3.1, entitled “Off-Street Parking
and Loading Standards”, Section 4, Table 2, entitled “T5-Urban Transect Zone” and Section 5,
Illustration 5.1 “Urban Center Transect Zone” related to small scale development for Commercial
Use and continued activation of retail frontages within the NRD-1, and additionally to facilitate
small-scale additions to existing buildings located in NRD-1 boundaries through parking flexibility;;
and
WHEREAS, the Wynwood Business Improvement District (“BID”), at its meeting on
__________, 201_, considered Item No. _________, and adopted Resolution No. _________ by
a vote of ___ to ____ (__-__), and recommends the adoption of this item to the City Commission;;
and
WHEREAS, the Planning, Zoning and Appeals Board (“PZAB”) has given full
consideration to the Planning Director’s recommendations;; and
WHEREAS, PZAB has conducted a public hearing on the proposed text amendment;; and
WHEREAS, PZAB has considered whether the proposed amendment will further the
goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and other
City regulations;;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FL, AS FOLLOWS:
Section 1. The recitals and finding contained in the Preamble to this Ordinance are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,
should be amended by amending Section 3.1, entitled “Off-Street Parking and Loading
Standards”, Section 4, Table 2, entitled “T5-Urban Transect Zone” and Section 5, Illustration 5.1
“Urban Center Transect Zone” in the following particulars1:
MIAMI 21 APPENDIX J: NEIGHBORHOOD REVITALIZATION DISTRICTS
* * *
SECTION 3 - GENERAL TO ZONES
3.1 OFF-STREET PARKING AND LOADING STANDARDS
Parking requirements met within the NRD-1 boundaries for T5, T6 and D1 Transect Zones
may be provided on-site or off-site through a centralized Parking system or provided as payment-
in-lieu into the Wynwood Parking Trust Fund in order to consolidate Parking, encourage walking,
and reduce the burden on property owners of mandated Parking requirements on-site. Parking
requirements for the NRD-1 identified within Section 4, Table 2 shall apply.
3.1.1 Parking Program
a. Applicability of Parking Relaxations.
1. Off-site parking
Parking requirements may be satisfied off-site within a Parking Structure that shall
be within 1,000 feet of the nearest point on the parcel of land of the proposed
Development site.
An applicant requesting Parking off-site within a Parking Structure shall provide a
Parking covenant, in a form acceptable to the City Attorney, to be recorded against
the proposed Parking Structure site prior to issuance of a Certificate of Occupancy
for the Development site, as applicable. The covenant shall, at a minimum,
memorialize the Property location and number of spaces of the proposed
Development site for which the Parking Structure provides such parking
availability. The applicant may request the removal or modification of a Parking
covenant upon such time that the City Parking requirements are reduced or mass
transit conditions are modified in a way that may facilitate additional Parking space
reductions, or the required parking being provided off-site is otherwise satisfied on-
site, off-site or through payment of fees in lieu, if applicable.
2. Nonconforming Off-street Parking;; Adaptive Use
1
Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be
added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and
unchanged material.
Changes to site improvements shall be subject to regulations set forth in Section
7.2.8.a of this Code. Notwithstanding the establishment of the Wynwood Parking
Trust Fund, where existing Off-street Parking or loading is nonconforming to the
requirements of this Code, as modified by Section 4, Table 2 herein, the Use or
Adaptive Use of any Building shall not require the provision of additional Parking,
loading, or on-site stormwater detention or retention. No modifications shall be
permitted which increase the degree of the existing nonconformity. Modifications
to the facilities may be approved by Waiver, and the Waiver may be conditioned
on safeguards that reduce the degree of the nonconformity to the extent
reasonably feasible.
3. Payment-in-lieu of providing Parking;;
Parking may be satisfied through payment-in-lieu, into the Wynwood Parking Trust
Fund, permissible for each Use as provided in Section 4, Table 2, and may be
supplemented as provided below:
For Adaptive Use Structures incorporating new Building Capacity less than fifty
percent (50%) of the total square footage of the existing Structure and not to
exceed 20,000 square feet of new Floor Area, Parking requirements for any
permitted Use may be fully satisfied through payment in lieu of parking on-site as
provided within Section 4, Table 2;; and
For new Development with total Building Capacity less than 80,000 square feet,
the first sixty (60) spaces of required Parking may be fully satisfied through
payment-in-lieu of parking on-site as provided within Section 4, Table 2.
4. 3. Parking relaxations
Parking relaxations generally available in this Code and the City Code shall be
available within the NRD-1 boundaries, except to the extent explicitly modified
herein. Parking shall be satisfied through payment-in-lieu, into the Wynwood
Parking Trust Fund, permissible for each Use as provided in Section 4, Table 2
prior to any available Parking relaxations applied herein.
b. Mechanical parking facilities within Parking Structures shall be allowed by Right within the
NRD-1 boundaries. Parking spaces within these facilities shall be calculated based on the
number of vehicles accommodated by said Parking Structure.
c. Parking covenants as described in this Code and payment-in-lieu shall be processed as
described within Chapter 35 of the City Code.
d. Prior to the end of the three (3) years from the effective date of these NRD-1
Regulations, the Director and Zoning Administrator shall review the parking standard for
Dwelling Units 650 square feet or less, based on a district-wide parking and
transportation study and may make a recommendation to modify the parking standard if
such a study demonstrates a different demand.
* * *
SECTION 5 - SPECIFIC TO ZONES
5.1 URBAN CENTER TRANSECT ZONE (T5)
a. Building Configuration
1. Building Heights shall be measured in Stories and shall comply with Article 4, Table
2 and be as shown in Illustration 5.1, except as to bonus Height where applicable
according to Sections 3.3 and 3.4 contained herein.
2. A one (1) Story Building may be allowed through the Warrant process provided
that the ground level Story is no less than fourteen (14) feet in Height and a Green
Roof treatment no less than fifty percent (50%) of the roof area is provided. one of
the following is provided:
i. Green Roof treatment no less than fifty percent (50%) of the roof area;; or
ii. On-site Civic Space Type including landscaping consisting of pavement,
lawn and trees as provided within Article 4, Table 7 of Miami 21of an area
no less than forty percent (40%) of the Development’s Floor Area;; or
3. Mechanical equipment on a roof shall be enclosed by parapets of the minimum
Height necessary to conceal it, and a maximum Height of five (5) feet. Other
ornamental Building features may extend up to ten (10) feet above the maximum
Building Height. Roof decks shall be permitted up to the maximum Height. Trellises
may extend above the maximum Height up to eight (8) feet. Extensions up to ten
(10) feet above the maximum Height for stair, elevator, mechanical enclosures or
non-Habitable Rooms shall be limited to twenty (20%) of the roof area, unless
approved by Waiver.
* * *
Section 3. If any section, part of a section, paragraph, clause, phrase or
word of this Ordinance is declared invalid, the remaining provisions of this Ordinance
should not be affected.
Section 4. This Resolution shall become effective immediately upon its
adoption.