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Home My WebLink AboutPZAB (3848) ResolutionCity of Miami City Hall 3500 Pan American Drive r PZAB Resolution •_�; ;;•_" Miami, FL 33133 www.miamigov.com Enactment Number: PZAB-R-18-022 File ID: 3848 Final Action Date: 5/16/2018 A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY AMENDING APPENDIX J: NEIGHBORHOOD REVITALIZATION DISTRICTS, SECTION 3.1 ENTITLED "OFF- STREET PARKING AND LOADING STANDARDS" AND SECTION 5.1 ENTITLED "URBAN CENTER TRANSECT ZONE", MODIFYING 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, 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 the Miami 21 Code, Appendix J: Neighborhood Revitalization Districts, specifically Section 3.1, entitled "Off -Street Parking and Loading Standards", and Section 5. 1, entitled "Urban Center Transect Zone", related to small scale development 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 payment -in -lieu fee identified within City Code Chapter 35 Wynwood Parking Improvement Trust Fund shall be adjusted to accommodate the needs of the District as specified by the Wynwood BID Resolution dated April 11, 2018; and WHEREAS, the Wynwood Business Improvement District ("BID"), at its meeting on April 11, 2018, considered this matter and resolved to recommend approval of the proposed amendments; and City of Miami Page 1 of 5 File ID: 3848 (Revision: A) Printed On: 511812018 WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has given full consideration to the Planning Director's recommendations; and WHEREAS, the PZAB has conducted a public hearing on the proposed text amendment; and WHEREAS, the 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; and WHEREAS, the PZAB finds that there is substantial competent evidence in the record to recommend approval of the Miami 21 Code text amendment; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and finding contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. It is recommended to the Miami City Commission that Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, should be amended by amending Appendix J: Neighborhood Revitalization Districts, Section 3.1, entitled "Off -Street Parking and Loading Standards", and Section 5.1 "Urban Center Transect Zone" 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 W nwood -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: 3848 (Revision: A) Printed On: 5/18/2098 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 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 maV be satisfied through payment -in -lieu, into the W nwood Parkin 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 parkinq on-site as provided within Section 4, Table 2; 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. SECTION 5 - SPECIFIC TO ZONES City of Miami Page 3 of 5 File 1D: 3848 (Revision: A) Printed an: 5/18/2018 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 curve Green —Rvoof tinreatment 'Pe less than fifty percent r5904, Gf the roof area previa one of the following i�vided or a combination thereof: i. Green Roof treatment no less than fifty percent 50% of the ground Development Floor Areas or ii. On -sits: Civic Space Type including landscaping consisting of pavement, lawn and trees as provided within Article 4, Table 7 of Miami 21 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). A one 1) Story Building shall not be allowed for Drive-through/Drive-in Facility Uses. 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 Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall become effective immediately upon its adoption. City of Miami Page 4 of 5 Pile 0: 3846 (Revision: A) Printed On: 511812018 FrandrGarcia, Director Dep ent of Planning STATE OF FLORIDA COUNTY OF MIAMI-DADE l� Executiod Date GYlp=i �, fly Personally appeared before me, the undersigned authority, ol)5 , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed th& foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS 19 DAY OF , 201 Print Notary Name Personally know ✓ or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary Public State of Flori a 7 My Commission Expire ,01pAKP+ � BEAiRfZ/Ly/V1GL x� Commissbn a€ GG 153775 a Expires NOY@WK20 2021 1Farflor_+ 60ndedTnruTropFeinkunwe$np.3WaIg City of Miami Page 5 of 5 File ID: 3848 (Revision: A) Printed On: 5118/2098