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Ordinance: 13805
File Number: 4204
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 1/24/2019
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, MORE SPECIFICALLY BY AMENDING APPENDIX J:
NEIGHBORHOOD REVITALIZATION DISTRICTS ("NRD"), SECTION 3.1, TITLED
"OFF-STREET PARKING AND LOADING STANDARDS," AND SECTION 5.1,
TITLED "URBAN CENTER TRANSECT ZONE," BY MODIFYING THE
STANDARDS FOR SMALL-SCALE COMMERCIAL BUILDINGS AND
APPLICABLE PARKING RELAXATIONS WITHIN THE NRD-1 BOUNDARIES;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the Zoning Ordinance of the City of Miami, Florida ("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 small and medium -scale development
and promote the transition of the Wynwood neighborhood from an industrial warehouse district
into a diverse, mixed-use neighborhood while maintaining its industrial character; and
WHEREAS, the character of existing buildings in the Wynwood neighborhood 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 the Wynwood neighborhood; and
WHEREAS, it has been determined that amending the NRD-1 regulations, specifically
Section 3.1, titled "Off -Street Parking and Loading Standards", and Section 5.1, titled "Urban
Center Transect Zone", to implement parking flexibility for small-scale development will facilitate
continued activation of retail frontages within the NRD-1 and small-scale additions to existing
buildings located in the NRD-1 boundaries; and
WHEREAS, the payment -in -lieu fee identified within Chapter 35 of the Code of the City
of Miami, Florida, as amended, regarding the Wynwood Parking Improvement Trust Fund
should be adjusted to accommodate the needs of the NRD-1 as specified by the Wynwood
Business Improvement District ("Wynwood BID") Resolution dated April 11, 2018; and
WHEREAS, the Wynwood BID at its meeting on April 11, 2018, considered this matter
and recommend approval of the proposed amendments contained herein; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on May 16,
2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18-022 by a vote
of eight to zero (8-0), Item No. PZAB.3, recommending approval of the Miami 21 Code text
amendment as stated herein; and
City of Miami Page 1 of 5 File ID: 4204 (Revision: A) Printed On: 2/8/2019
File ID: 4204
Enactment Number: 13805
WHEREAS, the City Commission has given full consideration to the Planning Director's
recommendations; and
WHEREAS, the City Commission has conducted appropriate public hearings on the
proposed Miami 21 Code text amendment; and
WHEREAS, consideration has been given to the need and justification for the proposed
text amendment, including changed or changing conditions that make the passage of the
proposed text amendment necessary; and
WHEREAS, the City Commission has considered whether the proposed text amendment
will further the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21
Code, and other City of Miami ("City") regulations; and
WHEREAS, the City Commission finds that after careful consideration of this matter, it is
advisable and in the best interest of the general welfare of the City and its residents to amend
the Miami 21 Code as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
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. Section 3.1 of Appendix J: Neighborhood Revitalization Districts of the
Miami 21 Code is amended in the following particulars:'
"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
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.
City of Miami Page 2 of 5 File ID: 4204 (Revision: A) Printed on: 2/8/2019
File ID: 4204
Enactment Number: 13805
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 or Temporary 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
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. 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.
4. Payment -in -lieu of providing Parking;
Parking may be satisfied through payment -in -lieu process into the Wvnwood
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 Z and
For new Development which does not require a loading berth, 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.
City of Miami Page 3 of 5 File ID: 4204 (Revision: A) Printed on: 2/8/2019
File ID: 4204
Enactment Number: 13805
Section 3. Section 5.1 of Appendix J: Neighborhood Revitalization Districts of the
Miami 21 Code is amended in the following particulars:'
"MIAMI 21 APPENDIX J: NEIGHBORHOOD REVITALIZATION DISTRICTS
SECTION 5 - SPECIFIC TO ZONES
5.1 URBAN CENTER TRANSECT ZONE (T5)
b. Building Configuration
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
G,reeaReef treat.m.ept Ae 1 85 th'�nrnan- fifty PeFCeRt (500/) of the reef areea
previded- one of the following is provided or a combination thereof:
i. Green Roof treatment no less than fifty percent (50%) of the ground
Development Floor Area;
ii. On-site Civic Space Type including landscaping consisting of pavement,
lawn, and trees as provided within Article 4, Table 7 of this Code of an
area no less than forty percent (40%) of the Development Floor Area; or
iii. A cash contribution to the Wynwood Public Benefits Trust Fund
equivalent to the Development Lot Area on which the one (1) Story
Building is placed. The value of this cash contribution will follow the
provisions described in Section 3.3(b)(5).
Drive-through/Drive-in Facility Uses shall not be allowed in one (1) Story
Buildings.
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.
City of Miami Page 4 of 5 File ID: 4204 (Revision: A) Printed on: 2/8/2019
File ID: 4204
Enactment Number: 13805
Section 3. 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, the Zoning Ordinance of the City of
Miami, Florida, as amended, 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 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 should not be
affected.
Section 5. This Ordinance shall become effective immediately upon its adoption.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i "ndez, City Attor ey 9/1712018
Z This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten (10)
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 5 of 5 File ID: 4204 (Revision: A) Printed on: 21812019