HomeMy WebLinkAboutO-14050City of Miami
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Legislation
Ordinance: 14050
File Number: 10772
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/10/2022
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"); MORE SPECIFICALLY BY
AMENDING APPENDIX A, SECTION A.2., TITLED "VILLAGE WEST ISLAND
DISTRICT AND CHARLES AVENUE (NCD-2)", TO CHANGE THE
RESPONSIBILITY FOR REVIEWING AND MAKING RECOMMENDATIONS TO
THE PLANNING DIRECTOR FROM THE URBAN DESIGN REVIEW BOARD
TO THE HISTORIC AND ENVIRONMENTAL PRESERVATION BOARD;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
SPONSOR(S): Commissioner Ken Russell
WHEREAS, the precursor for the Charles Avenue NCD-2, the "SD-26 Coconut Grove
Market Overlay District," was established by Ordinance No.12324 by amending the prior City of
Miami Zoning Ordinance, Ordinance No. 11000 ("Ordinance No. 11000"); and
WHEREAS, on September 25, 2003, the City Commission adopted Ordinance No.
12417 rescinding Ordinance No. 12324 and amending Article 8, Section 802 of Ordinance No.
11000 to establish the "NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay
District"; and
WHEREAS, on January 27, 2005, the City Commission adopted Ordinance No. 12651
amending Article 6 to add Section 626, titled "Village West Island Special Overlay District," and
to repeal the NCD-2 Grand Avenue Corridor Neighborhood Conservation Overlay District and
further amending Article 8 to create Section 802, titled "Charles Avenue Neighborhood
Conservation Overlay District"; and
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
as the current Zoning Ordinance ("Miami 21 Code"); and
WHEREAS, the Village West Island and Charles Avenue NCD-2 was adopted and
codified in Appendix A.2 of the Miami 21 Code; and
WHEREAS, on June 24, 2021, the City Commission directed the City Manager to
recommend changes to the process by which new construction designs on Charles Avenue are
reviewed; and
WHEREAS, the Planning, Zoning and Appeals Board (TZAB"), at its meeting on
November 17, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-
21-048 by a vote of seven to two (7-2), Item No. PZAB. 1, recommending approval of the
Zoning Text Change as proposed herein; and
City of Miami Page 1 of 3 File ID: 10772 (Revision:) Printed On: 212412022
File ID: 10772
Enactment Number: 14050
WHEREAS, the City Commission has given full consideration to the Planning Director's
recommendations; and
WHEREAS, the City Commission has conducted a public hearing on the Zoning Text
Change; and
WHEREAS, City Commission has considered whether the Zoning Text Change will
further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan
("MCNP"), the Miami 21 Code, and other City regulations; and
WHEREAS, City Commission has considered the need and justification for the Zoning
Text Change, including changed or changing conditions that make the passage of the Zoning
Text Change necessary;
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. Appendix A — Neighborhood Conservation District, A.2 Village West Island
District and Charles Avenue, 2.4 Residential of the Miami 21 Code is amended in the following
particulars:'
"APPENDIX A- NEIGHBORHOOD CONSERVATION DISTRICT
A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2)
2.4.1 Charles Avenue
a. All new construction, major alterations, and additions on Charles Avenue shall be
required to be reviewed by the process of Waiver. Te orS„ro the nE)mr»+ihility Of Rew
,
gene Fal fe FFn rvmassi g and err a meFltal details
b. To ensure the compatibility of new construction on Charles Avenue, the design for any
new construction shall also be reviewed by the Historic and Environmental Preservation
Board ("HEPB"), in an advisory role, and shall make a recommendation to the Planning
Director or designee for approval of the proposed work.
c. HEPB and the Planning Director shall review new construction for its compatibility of
scale, materials, roof slope, general form, massing, and ornamental details and apply the
Village West Island District guidelines.
' 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 indicated omitted
and unchanged material.
City of Miami Page 2 of 3 File ID: 10772 (Revision:) Printed on: 212412022
File ID: 10772
Enactment Number: 14050
mod. Any requests for the demolition of structures that are over fifty (50) years in age along
Charles Avenue shall be referred to the Historic Preservation Officer for review of historical
significance.
tee. The architectural guidelines contained in the Village West Island District are intended to
produce visual compatibility among the buildings on Charles Avenue and throughout the
District representing building traditions of early South Florida, the Caribbean, and the early
African -American settlers."
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of the Ordinance shall not be affected.
Section 4. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, 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 5. This Ordinance shall become effective ten (10) days after final reading and
adoption thereof.2
APPROVED AS TO FORM AND CORRECTNESS:
1
i ria i : ndez, Uy Attor iey 11/27/2021
2 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.
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