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HomeMy WebLinkAboutO-14228City of Miami Ordinance 14228 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14631 Final Action Date: 10/26/2023 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 ARTICLE 3, SECTION 3.5, TITLED "GENERAL TO ZONES/MEASUREMENT OF HEIGHT" AND ARTICLE 5, SECTION 5.3, TITLED "SPECIFIC TO ZONES/SUB-URBAN TRANSECT ZONES (T3)," TO INCORPORATE ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN AND CLARIFY LANGUAGE FOR RAISING STRUCTURES WITHIN THE FLOODPLAIN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Commissioner Christine King, Commissioner Manolo Reyes WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the City of Miami's ("City") Zoning Ordinance, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, on March 23, 2017, the City Commission passed Resolution No. R-17-0146 which recommended the City formally join the Southeast Florida Regional Climate Change Compact ("SFRCCC"); and WHEREAS, the SFRCCC establishes the Unified Sea Level Rise projection for Southeast Florida, which is currently projected at twenty-one (21) to fifty-four (54) inches by 2070; and WHEREAS, on October 13, 2016, the City Commission adopted Ordinance No. 13640, which established the Sea Level Rise Committee to study the effects of sea level rise; and WHEREAS, twenty-four percent (24%) of the City is within the Coastal High Hazard Area ("CHHA"), as defined in Coastal Management Policy CM-4.1.2 of the Miami Comprehensive Neighborhood Plan ("MCNP") and Section 163.3178(2)(h), Florida Statutes; and WHEREAS, the City has over 12,000 properties within the CHHA, comprising roughly 5,716 acres within the City; and WHEREAS, the majority of land within the CHHA is designated Civic Institutional on the Miami 21 Code Zoning Atlas, due to the large amount of land in Port Miami; Due to the reclaimed nature of the Port, much of the island is actually above the CHHA; and WHEREAS, the majority of properties within the CHHA are designated "T3," Sub -Urban Transect, and "T6," Urban Core Transect; and City of Miami Page 1 of 4 File ID: 14631 (Revision: B) Printed On: 11/13/2023 File ID: 14631 Enactment Number: 14228 WHEREAS, for the safety, wellbeing, and long-term sustainability of life and property, the City is pursuing changes to the Miami 21 Code to address sea level rise; and WHEREAS, the Federal Emergency Management Agency ("FEMA") encourages the incorporation of Freeboard into the construction and reconstruction of properties within areas prone to flooding, with consideration of future risk due to sea level rise; and WHEREAS, the addition of Freeboard to height requirements has many benefits, including reducing the amount of at -risk property from flood damage and reducing National Flood Insurance Program ("NFIP") premiums for property owners; and WHEREAS, increased ground -floor height allowances in flood prone areas provide flexibility for ground -floor improvements to respond to changing infrastructure needs required by sea level rise while preserving and enhancing quality built -out environments and promoting increased resilience and sustainability through the life of the structure; and WHEREAS, the City is recognizing the increasing storm surge risks and adjusting its policies such as the Peril of Flood Community Planning Requirements; and WHEREAS, at the November 7, 2022 Climate Resilience Committee meeting, the Planning Department made a presentation regarding the adjustment of flood management policies; and WHEREAS, on October 2, 2023, the Planning Department presented to the Climate Resilience Committee this proposed ordinance; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on October 18, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23- 095 by a vote of six to one (6 - 1), Item No. PZAB. 6, recommending approval of the zoning text amendment; and WHEREAS, the City Commission has conducted a public hearing on the proposed Miami 21 Code text amendment; and WHEREAS, the City Commission has considered whether the proposed text amendment will further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed text amendment, as stated herein, including changed and changing circumstances; and WHEREAS, the City Commission finds that it is in the best interest of the City and its residents to amend the Miami 21 Code as specified herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. City of Miami Page 2 of 4 File ID: 14631 (Revision: B) Printed on: 11/13/2023 File ID: 14631 Enactment Number: 14228 Section 2. Article 3, Section 3.5 of the Miami 21 Code is further amended in the following particulars: 1 "ARTICLE 3 GENERAL TO ZONES 3.5 MEASUREMENT OF HEIGHT 3.5.1 Unless otherwise specified herein, the Height of Buildings shall be measured in Stories. The height of Fences and walls shall be measured in feet. The Height of Buildings, Fences and walls shall be measured from the Average Sidewalk Elevation or, where no sidewalk exists, the average of the record profile grade elevation of the street Abutting the Principal Frontage of the Building, as determined by the Public Works Department, provided however where Section 20-3 (11) of the City Code defines a higher elevation of the adjacent street, that higher future elevation shall control. In the event that the Base Flood Elevation, as established by FEMA, plus Freeboard is higher than the sidewalk or grade elevations, the total Height of the Building but not the height of Fences and walls shall be measured from the Base Flood Elevation plus Freeboard." Section 3. Article 5. Section 5.3.2 of the Miami 21 Code is further amended in the following particulars:1 "ARTICLE 5 SPECIFIC TO ZONES 5.3 SUB -URBAN TRANSECT ZONES (T3) 5.3.2 Building Configuration (T3) e. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2 and be as shown in Illustration 5.3. The first -floor elevation of a Principal Building shall be a maximum of two and a half (2.5) feet above grade, or Base Flood Elevation with a minimum of one (1) foot to a maximum of five nine (59) feet of Freeboard, whichever is higher. A flat roof shall be a maximum of two Stories and twenty-five (25) feet. A pitched roof shall be a maximum of twenty- 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. City of Miami Page 3 of 4 File ID: 14631 (Revision: B) Printed on: 11/13/2023 File ID: 14631 Enactment Number: 14228 five (25) feet to the eave and shall not exceed ten (10) feet overall Height above the second Story. f. The first floor elevation as regulated by 5.3.2.e may be increased a maximum of three (3) feet above that already allowed in this section, so long as the maximum height of the structure remains at twenty five (25) feet measured above the freeboard elevation allowed in this section. 1 g Mechanical equipment on a roof shall be enclosed by parapets of the minimum Height necessary to conceal it, and a maximum Height of three and a half (3.5) feet. At the roof, other ornamental Building features may extend up to three and a half (3.5) feet above the maximum Building Height. Roof decks shall be permitted at the maximum Height. Trellises may extend above the maximum Height up to eight (8) feet. Extensions above the maximum Height up to four hundred (400) square feet for either a stair enclosure or ornamental purpose shall be permitted by process of Waiver. All extensions including attics shall not exceed ten (10) feet above the second Story. g- h. Fences and walls may be located up to and including the Frontage Line to the following maximum Height. Height of fences and walls shall not exceed four (4) feet within the First Layer, except aluminum or iron picket and post Fences with or without masonry posts shall not exceed six (6) feet. Within the Second and Third Layers, Fences and walls shall not exceed eight (8) feet." 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 shall not be affected. Section 5. 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 6. This Ordinance shall become effective ten (10) days after adoption by the City Commission.2 APPROVED AS TO FORM AND CORRECTNESS: ndez, ity Attor ey 11/2/2023 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 Page 4 of 4 File ID: 14631 (Revision: B) Printed on: 11/13/2023