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Home My WebLink AboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 14050 Title: 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. APPLICANT(S): Arthur Noriega V, City Manager, on behalf of City of Miami PURPOSE: New construction and additions located on Charles Avenue are reviewed for compliance with design guidelines by the Urban Development Review Board, which makes a recommendation to the Planning Director. This legislation proposes changing the responsibility for making the recommendation from UDRB to the Historic and Environmental Preservation Board. The HEPB will be acting as a recommending body only, not in its more typical quasi-judicial role. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARDS: On November 17, 2021, recommended approval, by a vote of 7-2. City of Miami File ID: 10772 (Revision:) Printed On: 212412022 tti V °F�i =rf City of Miami City Hall 3500 Pann Drive kuei;; ;;101� Legislation Miami, FL 33133 Q-A Ordinance www.miamigov.com Enactment Number:14050 File Number: 10772 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. 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 File ID: 10772 (Revision:) Printed On: 212412022 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 eRSuFe the nE)mv»+ihility r,f Re w , gene Fal form, massing ri Rd GFRameRtal detail, 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 compatibilitv of scale, materials, roof slope, general form, massing, and ornamental details and apply the Village West Island District guidelines. 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. ' 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 unchanaed material. City of Miami File ID: 10772 (Revision:) Printed On: 212412022 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 l i ria i : ndez, Cify A.ttor 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. City of Miami File ID: 10772 (Revision:) Printed On: 212412022