HomeMy WebLinkAboutO-12672City of Miami
Legislation
Ordinance: 12672
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 04-01441 Final Action Date: 3/24/2005
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO.
11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, BY ESTABLISHING ARTICLE 8, BY CREATING A NEW SECTION 803,
NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION OVERLAY
DISTRICT; IN ORDER TO CREATE THE NCD-3 COCONUT GROVE
NEIGHBORHOOD CONSERVATION OVERLAY DISTRICT; ESTABLISH
PROTECTIVE LEGISLATIVE ELEMENTS INCLUDING ZONING OVERLAYS,
ZONING REVISIONS, DESIGN GUIDELINES AND OTHER MECHANISMS
PROVIDED FOR IN ARTICLE 8 FOR COCONUT GROVE; CREATE SPECIAL
DISTRICT REQUIREMENTS; CONTAINING A REPEALER PROVISION AND
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of December 1, 2004, Item No.
5, following an advertised hearing, adopted Resolution No. PAB 135-04 by a vote of seven to zero
(7-0), RECOMMENDING APPROVAL to amend Zoning Ordinance No. 11000 as hereinafter set
forth; and
WHEREAS, Coconut Grove is the oldest continuous settlement in Miami -Dade County; and
WHEREAS, Coconut Grove has one of the highest concentrations of sites listed on, or eligible
for listing on the National Register of Historic Places in the City of Miami; and
WHEREAS, under the historical influences of architectural tastes and styles, a pattern of lot
development under individual ownership, the continuous cultivation of exotic and native
vegetation, and concern for the enhancement of green -space and tree canopy, Coconut Grove
has developed a unique identity; 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;
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 hereby
adopted by reference thereto and incorporated herein 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 hereby amended by amending the text of said Ordinance as follows: {1}
"ARTICLE 8. NEIGHBORHOOD CONSERVATION DISTRICTS
City of Miami
Page 1 of 6 File Id: 04-01441 (Version: 3) Printed On: 11/1/2016
File Number: 04-01441 Enactment Number: 12672
Sec. 803. NCD-3. Coconut Grove Neighborhood Conservation District.
803.1. Intent.
The intent of the Coconut Grove Neighborhood Conservation District hereafter referred to as
NCD-3 is to establish a protective series of legislative elements to:
Preserve the historic, heavily landscaped character of Coconut Grove's residential areas; and
Enhance and protect Coconut Grove's natural features such as the tree canopy and green space.
Protect the architectural variety within the unique single family neighborhood that comprises
Coconut Grove.
Properties shall not be platted, re -platted or configured in any way that destroys a median, green
space, landscape easement or road configuration that contributes to the character of the
subdivision within the NCD-3 area.
Demolition permits shall require a Class I Special Permit with a referral to planning and to
additionally contain a tree survey by an arborist.
803.2. Effect of district designation.
The effect of the Coconut Grove NCD-3 district designation shall be to modify regulations
within portions of other zoning districts included within the NCD-3 boundaries to the extent
indicated herein. Nothing in section 803 of the Coconut Grove NCD-3 regulations shall be
construed as to prohibit additional HP Historic Preservation overlays.
Additional notice required for Special Exception permits and Variance applications.
All Coconut Grove neighborhood and/or homeowner associations who wish to receive a courtesy
notice of Special Exception Permit and/or Variance applications in their areas shall register with
their Neighborhood Enhancement Team (NET) Office on a yearly basis. Such registration shall
consist of a letter to the Director of the Planning and Zoning Department in which the association
shall request such notification and shall specify the name, address and telephone number of the
official representative of the association designated to receive said notice and a list of all the
officers of said association.
At the time of initial application for Special Exception and/or Variance(s), the applicant shall obtain
the list of all registered neighborhood and/or homeowner associations pertaining to the
application(s) in question from the Planning and Zoning Department and shall notify in writing the
official representative of all such registered associations in writing, by certified mail, of the
application. The applicant shall submit with the application these certified receipts.
If any such association have any comments or recommendations, such comments and
recommendations shall be submitted in writing to the Planning and Zoning Director no later than
fifteen (15) days from receipt of such notification. Late or misdelivered comments shall not be
considered.
803.3. Coconut Grove NCD-3 (R-1) Single -Family Residential District.
All R-1 Single -Family Residential zoning regulations shall apply within the Coconut Grove
NCD-3 (R-1) Single -Family Residential District, hereafter referred to as NCD-3 (R-1), except as
modified below. If any such requirements conflict, the more restrictive requirements shall apply.
City of Miami Page 2 of 6 File Id: 04-01441 (Version: 3) Printed On: 11/1/2016
File Number: 04-01441 Enactment Number: 12672
Adjacent lots and/or lots in the same subdivision under single ownership, or developed by a single
builder, or developer(s) shall not employ the same, similar or duplicate architectural plans.
Adjacent buildings under such conditions shall be substantially differentiated in massing, footprint,
and exterior detailing.
All front yards in the NCD-3 (R-1) shall be designed in a way that minimizes the impact of garage
fronts and off-street parking. Front yards shall provide a more permeable surface and the use of
abundant landscaping and tree canopy throughout.
803.3.1. Building Envelope.
For the purpose of this section, a building site shall be defined as one or more lots or portions of
lots that are aggregated to form a single family residential site including vacant lots and all
permissible accessory uses and structures. Building sites shall not include any portions of land
under a different zoning classification.
803.3.2. Setbacks.
Principal Building:
Setbacks are variable to allow for a variety in architecture and placement of the building footprint.
Projections of buildings into required setbacks shall be permitted subject to the criteria and
requirements specified herein.
Minimum Front Setbacks:
The minimum front setback shall be thirty (30) feet.
The structure may project a maximum of ten (10) feet into the minimum required setback of thirty
(30) feet provided said projection does not exceed thirty (30) feet in width along the front of the
building.
Unenclosed porches, entries, or loggias may project a maximum of fifteen (15) feet into the
minimum required setback of thirty (30) feet.
On corner lots the structure may project a maximum of fifteen (15) feet into the minimum required
setback of thirty (30) feet.
Minimum Side Setbacks:
The minimum side setback shall be five (5) feet, except for corner lots where the minimum side
setback adjacent to the street shall be ten (10) feet.
The minimum total side setbacks to be distributed shall be as established in the following table:
Building Site Interior Lots
Size in Square First Story of
Feet Structure
Less than 7, 500 10 feet
7, 500 - 10, 000 15 feet
More than 10, 000 25 feet
Interior Lots
Second Story of
Structure
15 feet
25 feet
35 feet
Minimum Rear Setbacks:
The minimum rear setback shall be twenty (20) feet.
Accessory Buildings:
The minimum side setbacks shall be ten (10) feet.
Corner Lots
First Story of
Structure
15 feet
15 feet
25 feet
Corner Lots
Second Story of
Structure
20 feet
25 feet
35 feet
City of Miami Page 3 of 6
File Id: 04-01441 (Version: 3) Printed On: 11/1/2016
File Number: 04-01441 Enactment Number: 12672
The minimum rear setback shall be ten (10) feet.
All other minimum setbacks shall be as for the principal building except as modified in section
803.3.3.
Accessory structures may be connected to principal structures. The maximum width of said
connection shall be ten (10) feet.
803.3.3. Height.
In addition to the maximum height of twenty-five (25) feet, chimneys, cupolas or other non -habitable
architectural features of twenty-five (25) square feet in area or less may reach a maximum height of
thirty (30) feet from flood level.
For lots with less than ten thousand (10,000) square feet in area, the height limitation for accessory
structures shall be thirteen (13) feet.
803.3.4. Green Space.
The minimum green space requirement shall be three tenths (0.3) times the gross lot area. The use of
permeable material for surfaces in the required yard may allow a .025 reduction in the required green
space.
803.3.5. Permitted Accessory Uses and Structures.
Accessory uses and structures are as permitted generally or conditionally by special permit in the
underlying district except that detached garages or car shelters on lots ten thousand (10,000) square
feet or larger may include a second story as long as the allowable floor area ratio and building
footprint are not exceeded. Said second story may only be used as an owner occupied accessory
structure. Two-story accessory structures shall have the same setback requirements as specified in
section 803.3.1.1.for two-story principal buildings.
803.3.6. Additional Limitations and requirements.
1. Garages and Driveways:
On new construction or garage additions no garage shall be located along the same front setback line
as the front wall of a residential structure unless the garage door(s) does not face the street.
Garage structures with access openings that face the street shall be setback a minimum of twenty
(20) feet from the front wall of the primary residential structure.
Garage structures with access openings that face the street on corner lots which have a maximum
depth of less than sixty (60) feet, may be setback a minimum of fifteen (15) feet from the front wall of
the primary residential structure.
Notwithstanding the provisions of section 908.2, driveways shall have a maximum width of ten (10)
feet within the first five (5) feet of all street -front required setbacks.
Driveways within a single building site shall not be located closer than twenty-five (25) feet to each
other.
Except as required for the driveway approach, no portion of any driveway in a required yard adjacent
to a street shall be within five (5) feet of any property line other than as may be required to allow for
turnaround maneuver, in which case said driveway shall be constructed of permeable material in its
entirety.
Tandem parking shall be allowed.
Garage doors which are more than nine (9) feet wide shall not be allowed.
2. FENCES:
City of Miami Page 4 of 6 File Id: 04-01441 (Version: 3) Printed On: 11/1/2016
File Number: 04-01441 Enactment Number: 12672
All fences located within any street -front setback area shall be covered from the public right-of-way
view by plant material except when said fence is faced or constructed with oolitic limestone.
3 LANDSCAPING:
All landscape shall comply with the City's landscape and tree protection ordinances.
803.4. Reserved for Coconut Grove NCD-3 (R-2) Two -Family Residential District.
803.5. Reserved for Coconut Grove NCD-3 (R-3) Multifamily Medium -Density Residential
District.
803.6. Reserved for Coconut Grove NCD-3 Commercial Districts.
803.7. Reserved.
803.8 District and Sub -District Boundaries, and Corridors.
Sec. 803.8.1. Coconut Grove District Boundaries.
The boundaries of the overall Coconut Grove NCD are: US1 on the North; Biscayne Bay on the East;
Battersea Road on the South; and Le Jeune Road, Lincoln Drive and Brooker Street on the West.
Sec. 803.8.2. Coconut Grove Sub -Districts.
The boundaries of the five (5) sub -districts are as follows:
1. North Grove: U.S. 1, S.W. 27th Avenue, and the waterfront and Biscayne Bay.
2. Center Grove: U.S. 1, S.W. 27th Avenue, Oak Street, and S.W. 32nd Avenue.
3. West Grove Island: Bird Road on the North, 32nd Ave to Grand Avenue on the East continuing at
the rear of Commodore Plaza and Main Highway properties on the East until Franklin Avenue south
along Main Highway to Grand Royal Road on the East; along Grand Royal Road and MarlerAvenue
on the South, north on Douglas to Kumquat Avenue west on Kumquat to the western boundary on
Fire College on the South, north along western boundary of Fire College and Ambrister Park to Grand
Avenue on the West, east along Grand Avenue to Brooker Avenue, on the North and north along
Brooker Avenue to US-1 on the West.
4. South Grove: Kumquat Avenue, Biscayne Bay, Battersea Road, and Le Jeune Road.
5. Village Center: Oak Street, S.W. 27th Avenue, Biscayne Bay, and Franklin Avenue.
Sec. 803.8.3. Coconut Grove Corridors.
The sub -districts are demarcated, transversed or connected by important corridors subject to their
own unique characteristics and considerations. Improvements and new development on these
corridors shall conform to the following pedestrian safety and comfort standards:
1. Where sidewalks exist, the pedestrian shall be buffered from vehicular traffic with streetscape
elements and landscaping.
2. Uses to be developed on these corridors shall promote pedestrian activity, such as porches,
loggias, windows, entries, plazas, and ground floor retail uses where permissible.
3. The amounts and dimensions of curb cuts and driveways shall be minimized to reduce the
pedestrian/vehicular conflicts up to the minimum permissible by the controlling jurisdiction.
The Coconut Grove corridors are as follows:
1. South Bayshore Drive
City of Miami Page 5 of 6 File Id: 04-01441 (Version: 3) Printed On: 11/1/2016
File Number: 04-01441 Enactment Number: 12672
2. Tigertail
3. S.W. 27th Avenue
4. Bird Avenue
5. MacDonald Street
6. Main Highway
7. Douglas Road
8. Grand Avenue
9. Le Jeune Road
803.8.4. Reserved. Coconut Grove NCD Sub -District Architectural Guidelines.
Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are hereby repealed.
Section 5. 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.
Section 6. This Ordinance shall become effective thirty (30) days after final reading and adoption
thereof. {2}
Footnotes:
{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.
{2} This Ordinance shall become effective as specified herein 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 herein, whichever is later.
City of Miami Page 6 of 6 File Id: 04-01441 (Version: 3) Printed On: 11/1/2016