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Home My WebLink AboutO-13728City of Miami Ordinance 13728 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 3003 Final Action Date: 12/14/2017 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 5, SECTION 5.5.4, ENTITLED "PARKING STANDARDS (T5)," TO ALLOW FOR PARKING IN THE SECOND LAYER ABOVE THE FIRST STORY BY WAIVER IN A T5 TRANSECT ZONE, AND BY AMENDING ARTICLE 7, SECTION 7.1.2.5, ENTITLED "WAIVER," TO LIST THE NEW WAIVER; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on October 16, 2017, following an advertised public hearing, adopted Resolution No. PZAB-R-17-072 by a vote of eleven to zero (11-0), Item No. PZAB.14, recommending approval of the zoning text amendment as stated herein; and WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, two of the fundamental elements of Miami 21 Code, a form based code, are a system of Layers and a hierarchy of Frontages; and WHEREAS, Layers govern the range of depth of a Lot within which certain elements are permitted as regulated in the Miami 21 Code; and WHEREAS, Principal Frontages are Frontages facing the public space such as a Thoroughfare of higher pedestrian importance and Secondary Frontages are Frontages facing the public space such as a Thoroughfare of lesser pedestrian importance; and WHEREAS, above the first Story of a building, parking is expected to be placed in the Third Layer but may encroach into the Second Layer in certain Transect Zones if an art or glass treatment is provided; and WHEREAS, this architectural treatment is reviewed by a qualified design review board of architects and landscape architects called the Urban Development Review Board ("UDRB"); and WHEREAS, in T6 Transect Zones above the first Story, parking may be in the Second Layer on either a Principal or Secondary Frontage, but in T5 Transect Zones above the first Story, parking may only be in the Second Layer on a Secondary Frontage; and WHEREAS, the City has adopted policies within the Wynwood Neighborhood Revitalization District ("NRD-1") and Miami Design District Retail Street Special Area Plan ("SAP") that provide flexibility in T5 Transect Zones to allow parking encroachments into the City of Miami Page 1 of 4 File ID: 3003 (Revision:) Printed On: 3/25/2025 File ID: 3003 Enactment Number: 13728 Second Layer above the ground floor if an architectural treatment is provided with recommendation from a design review board; and WHEREAS, City-wide parking in the Second Layer above the first Story on a Principal Frontage within T5 Transect Zones will be held to the same architectural treatment standards and design review requirements currently present in T6 Transect Zones; and WHEREAS, allowing Parking in the Second Layer by Waiver in T5 Transect Zones will provide projects additional design flexibility and efficiency in their parking resulting in higher quality projects; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Article 5 of the Miami 21 Code is hereby amended in the following particulars: "ARTICLE 5. SPECIFIC TO ZONES 5.5.4 PARKING STANDARDS (T5) d. Primary Frontage. All parking including drop-off drives and porte-cocheres, open parking areas, covered parking, garages, Loading space and service areas shall be located within the Third Layer and shall be masked from the Frontage by a Liner Building or Streetscreen as illustrated in Article 4, Table 8. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising first floor elevation of the First and Sccond Laycrs abovc that of the Sidewalk. Ramps to underground parking shall be only maximum of fifty percent (50%) of the length or Height of the Secondary Frontage. Parking may extend into the Second Layer above the first Story by Waiver if an art or glass treatment of a design to be approved by the Planning Director with the recommendation of the Urban Development Review Board is provided for one hundred percent (100%) of that portion of the Pedestal Facade. Surface parking may extend into the Second Layer a maximum of twenty five percent (25%) of the length of the Primary Frontage up to a maximum of fifty (50) feet. e. Secondary Frontage. All Parking, open parking areas, covered parking, garages, Loading Spaces, and service areas shall be located in the Third Layer and shall be masked from the Frontage by a Liner Building or Streetscreen for a minimum of fifty percent (50%) of the length of the frontage or height of the pedestal. Above ground Parking may extend into the Second Layer beyond fifty percent (50%) of the length of the frontage or height of the Pedestal by Waiver if an art or glass treatment of a design to be approved by the Planning Director is provided for that portion of the pedestal facade. City of Miami Page 2 of 4 File ID: 3003 (Revision:) Printed on: 3/25/2025 File ID: 3003 Enactment Number: 13728 f. Underground parking may extend into the Second and First Layers only if it is fully underground and does not require raising first -floor elevation of the First and Second Layers above that of the Sidewalk. Ramps to underground parking shall be only within the Second and Third Layers. ge. The vehicular entrance of a parking lot or garage on a Frontage shall be no wider than twenty-five (25) feet and the minimum distance between vehicular entrances shall be sixty (60) feet, unless approved by Waiver. hf. Pedestrian entrances to all parking lots and parking structures shall be directly from a Frontage Line. Underground parking structures should be entered by pedestrians directly from a Principal Building. ig. Buildings mixing Uses shall provide parking for each Use. Shared Parking shall be calculated according to Article 4, Table 5. *„ Section 3. Article 7 of the Miami 21 Code is hereby amended in the following particulars: "ARTICLE 7. PROCEDURES AND NONCOMFORMITIES * 7.1.2.5. WAVIER 19. Primary and Secondary Frontage Parking placement (Article 5, Sections 5.5.4.d 5.5.4.e, 5.6.4.d and 5.6.4.e) * *„ Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which provisions may be renumbered or relettered and that the word "ordinance" may be changed to "section", "article", or other appropriate word to accomplish such intention. Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.' 1 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. City of Miami Page 3 of 4 File ID: 3003 (Revision:) Printed on: 3/25/2025 File ID: 3003 Enactment Number: 13728 APPROVED AS TO FORM AND CORRECTNESS: City of Miami Page 4 of 4 File ID: 3003 (Revision:) Printed on: 3/25/2025