HomeMy WebLinkAboutO-12413J-03-535
6/10/03 12 413
ORDINANCE NO.
AN ORDINANCE OF THE MIAMI CITY COMMISSION
AMENDING ORDINANCE NO. 11000, AS AMENDED,
THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 8,
SECTION 801, NCD -1 CORAL GATE
NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT, IN ORDER TO CREATE THE NCD -1
CORAL GATE NEIGHBORHOOD CONSERVATION
OVERLAY DISTRICT, ADD TO THE INTENT
STATEMENT, CREATE SPECIAL DISTRICT
REQUIREMENTS AND LIMITATIONS ON USES;
CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its
meeting of May 21, 2003, Item No. 7, following an advertised
hearing, adopted Resolution No. PAB 28-03 by a vote of eight
to zero (8-0), RECOMMENDING APPROVAL of amending Zoning
Ordinance No. 11000 as hereinafter set forth; and
WHEREAS, the City Commission after careful
consideration of this matter deems it advisable and in the
best interest of the general welfare of the City of Miami
and its inhabitants to amend Ordinance No. 11000 as
hereinafter set forth;
12413
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. Ordinance No. 11000, as amended, the
Zoning Ordinance of the City of Miami, Florida, is amended
by amending the text of said Ordinance as follows:l'
"ARTICLE 8. NEIGHBORHOOD CONSERVATION DISTRICTS
Sec. 801. NCD -1 Coral Gate Neighborhood Conservation
Overlav District.
Sec. 801.1. Intent.
The Coral Gate neighborhood is a stable single-family
neighborhood located within the Coral Way Area. It's
proximity to the Coral Way commercial corridor has left the
neighborhood with the threat of inappropriate commercial
intrusion that may disrupt the quality of this well-
maintained and stable neighborhood. The purpose of this
Neighborhood Conservation District Overlay is to eliminate
uses that have the potential of bringing commercial
1' 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.
Page 2 of 5
12413
intrusion into the neighborhood and also to eliminate the
possibility of incompatible infill structures that are too
tall and could deteriorate the historic quality of this low-
density neighborhood. The intent is that this neighborhood
be a pure single-familv neighborhood.
Sec. 801.2. Effect of NCD -1 district designation.
The effect of these NCD -1 regulations shall be to modify
regulations within portions of other zoning districts
included within the NCD boundaries to the extent indicated.
Sec. 801.3. Principal uses and structures; prohibitions.
Principal uses and structures are as permitted generally or
conditionally by special permit in the underlying district,
except the following uses shall not be permitted:
1. Adult Daycare Centers
2. Child Daycare Centers
3. Primary and secondary schools
Sec. 801.4. Permitted accessory uses and structures.
Only the following accessory uses and structures are
permitted in conjunction with a single family residence:
1. Detached garages and car shelters (see section
908.6) .
2. Garden sheds.
Sec. 801.5. Conditional accessory uses; prohibitions.
Conditional accessory uses and structures are as permitted
generally or conditionally by special permit in the
underlying district, except the following uses shall not be
Page 3 of 5
12413
permitted:
1. Home occupations.
Sec. 801.6. Height.
Maximum of twenty-five (25) feet from flood level or
average sidewalk elevation, whichever is higher. No
variances for height shall be allowed.
Sec. 801.7. Offstreet Parking Requirements:
Dwellings: Dwellings, minimum two (2) spaces per unit;
such spaces may be permitted in a tandem fashion.
Places of worship: As for G/I. For places of worship,
a reduction of up to twenty-five (25) percent in
required offstreet parking shall be permissible by
Special Exception, provided findings are made that
clearly show such reduction is reasonable based on
such factors as facility proximity to mass
transit, facility visitation policy, possible
negative impact on the neighborhood, and the like.
Section 3. All ordinances or parts of ordinances
insofar as they are inconsistent or in conflict with the
provisions of this Ordinance are repealed.
Section 4. If any section, part of section,
paragraph, clause, phrase or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance
shall not be affected.
Page 4 of 5
12413
Section 5. This Ordinance shall become effective
thirty (30) days after final reading and adoption.2z
PASSED ON FIRST READING BY TITLE ONLY this 17th day
of July , 2003.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE
ONLY this 25th day of September , 2003.
ATTEST:
PRISCILLA A.'HOMPSON
CITY CLERK
APPROVED T Fg00 AND CORRECTNESS: a40
EJAW V�"L
TY TTORNEY
69:GKW:et
z/ This Ordinance shall become effective as specified 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, whichever is later.
Page 5 of 5
12413
APPLICANT
HEARING DATE
ITEM PZ 11
PLANNING FACT SHEET
Planning and Zoning Department
May 21, 2003
SECOND READING
REQUEST/LOCATION Amendment to Article 8 of Zoning Ordinance 11000.
LEGAL DESCRIPTION Complete legal description on file at the Department of
Hearing Boards.
PETITION Consideration of amending Ordinance No. 11000, as
amended, the Zoning Ordinance of the City Of Miami, by
amending Article 8, Section 801, NCD -1 Coral Gate
Neighborhood Conservation Overlay District; in order to
create the NCD -1 Coral Gate Neighborhood Conservation
Overlay District; add to the Intent Statement, create
Special District Requirements and Limitations on uses.
PLANNING
RECOMMENDATION Approval.
BACKGROUND
AND ANALYSIS The proposed amendment is in order to establish a new
Neighborhood Conservation District for the Coral Gate
Neighborhood in order to preserve the pure single family
character of the area by proposing the elimination of non -
single -family residential uses and such uses that bring
commercial intrusion into the area (except for churches).
The Neighborhood Conservation District will function
much like a Special District by modifying the underlying
use limitations.
PLANNING ADVISORY BOARD Recommended approval with VOTE: 8-0
conditions to City Commission.
CITY COMMISSION Passed First Reading on
July 17, 2003.
APPLICATION NUMBER 2003-021 Item #7
CITY OF MIAMI - PLANNING AND ZONING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400
Date: 9/1
Page 1
12413
RESOLUTION PAB - 28-03
A RESOLUTION RECOMMENDING APPROVAL OF A
CONSIDERATION OF AN ORDINANCE AMENDING ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, BY AMENDING ARTICLE 8, SECTION 801, NCD -1 CORAL
GATE NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT, IN
ORDER TO CREATE THE NCD -1 CORAL GATE NEIGHBORHOOD
CONSERVATION OVERLAY DISTRICT; ADD TO THE INTENT
STATEMENT, CREATE SPECIAL DISTRICT REQUIREMENTS AND
LIMITATIONS ON USES.
HEARING DATE: May 21, 2003
ITEM NO.: 7
VOTE: 8-0
ATTEST//��� a-03YIZ
Gelabert-Sanchez, r
Planning and Zoning Department
12413