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Home My WebLink AboutO-14302City of Miami Ordinance 14302 Legislation City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 14197 Final Action Date: 7/25/2024 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"1) SPECIFICALLY BY AMENDING ARTICLE 7, TITLED "PROCEDURES AND NONCONFORMITIES," TO UPDATE THE WAIVERS SUMMARY LIST AND AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT" ("NCD"), TO MODIFY THE REQUIREMENTS FOR PROPOSED DEMOLITIONS WITHIN THE NCD; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. SPONSOR(S): Mayor Francis X. Suarez WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida, which has been amended from time to time ("Miami 21 Code"); and WHEREAS, Waivers permit minor deviations from the Miami 21 Code in certain specified circumstances as provided in the various articles of the Miami 21 Code and as consistent with the Guiding Principles in Article 2 of the Miami 21 Code; and WHEREAS, the Miami 21 Task Force, appointed by the City Commission, made recommendations to simplify the review, permitting, and public hearing processes leading to increased consistency and predictability; and WHEREAS, this Ordinance amends the Miami 21 Code to provide applicants and City of Miami ("City") staff with increased clarity and a more streamlined process as summarized below: • Waiver 6. Review of Development within Neighborhood Conservation Districts for compliance with NCD regulations (Appendix A - Neighborhood Conservation District (NCD)). The amendment removes the Waiver process and requires proposed demolitions within the NCD to be reviewed by Environmental Resources Department and Historic Preservation Office at the time of building permit. WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on June 14, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R-23-068 by a vote of nine to zero (9 - 0), Item No. PZAB. 9, recommending approval of the zoning text amendment; and WHEREAS, the City Commission has considered whether the proposed text amendment as stated herein will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the Miami 21 Code, and other City regulations; and City of Miami Page 1 of 4 File ID: 14197 (Revision: A) Printed On: 7/31/2024 File ID: 14197 Enactment Number: 14302 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; and WHEREAS, the City Commission approves the Miami 21 Code text amendment, as stated herein; NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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. Article 7 of the Miami 21 Code is hereby amended in the following particulars.' "ARTICLE 7 - PROCEDURES AND NONCONFORMITIES 7.1.2.5 Waiver The Waiver permits specified minor deviations from the Miami 21 CodeT in certain specified circumstances as provided in the various articles of this Code and as consistent with the Guiding Principles in Article 2 of this Code. Waivers are intended to relieve practical difficulties in complying with the strict requirements of this Code. Waivers are not intended to relieve specific cases of financial hardship, nor to allow circumventing of the intent of this Code. A Waiver may not be granted if it conflicts with the City Code or the Florida Building Code. a. Specific Waivers are described in the various articles of this CodeT and are referenced here only for convenience. The specific parameters of each Waiver are further described in the articles in which each Waiver appears in this Code. 1. Parking reductions for Elderly Housing or for Adaptive Reuses in Community Redevelopment Areas (Article 3, Section 3.6.1 and 3.6.7). 2. Setbacks for irregular Lots (Article 3, Section 3.3.3.c) 3. Setbacks for the property to be developed to match the dominant Setback in the Block and its Context. (Article 3, Section 3.3.5; Article 5, Sections 5.5.1.g, 5.6.1.g and 5.8.1.g) 4. Shared Access for adjoining Lots (Article 3, Section 3.6.3.k). 5. Barbed wire fences in D1, D2 and D3 (Article 3, Section 3.7.2). 6. Review of Development within Neighborhood Conservation Districts for compliance with NCD regulations (Appendix A). Reserved. *11 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 2 of 4 File ID: 14197 (Revision: A) Printed on: 7/31/2024 File ID: 14197 Enactment Number: 14302 Section 3. Appendix A - Neighborhood Conservation District ("NCD") of the Miami 21 Code is hereby amended in the following particulars:2 "Appendix A - Neighborhood Conservation District A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2) 2.3 Effect of NCD-2 district designation. a. The effect of these NCD-2 regulations shall be to modify transect regulations included within the NCD boundaries to the extent indicated herein. b. Nothing in these regulations shall be construed as to prohibit additional structures or neighborhoods to become Historic Preservation Overlays. c. All demolition permits shall require a ai„er and be referrer! to the Planning Department for review under the Tree Preservation Ordinance. All submittals shall contain a tree survey by a certified arborist.be referred to: 1. The Environmental Resources Department for compliance with Chapter 17 of the City Coded, titled "Environmental Preservation," as may be amended. 2. The Historic and Environmental Preservation Division for review of structures fifty (50) years or older. A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT NCD-3 3.3 Effect of district designation a. The effect of these NCD-3 regulations shall be to modify transect regulations included within the NCD boundaries to the extent indicated herein. b. Nothing in these regulations shall be construed as to prohibit additional structures or neighborhoods to become Historic Preservation Overlays. c. All demolition permits shall require a Waiver and be referred to the Planning Department for review under the Tree Preservation Ordinance. All submittals shall contain a tree survey by a certified arborist. be referred to: 1. The Environmental Resources Department for compliance with Chapter 17 of the City Coded, titled "Environmental Preservation," as may be amended. 2. The Historic and Environmental Preservation Division for review of structures fifty (50) years or older." 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 2 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: 14197 (Revision: A) Printed on: 7/31/2024 File ID: 14197 Enactment Number: 14302 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. 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 6. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.3 APPROVED AS TO FORM AND CORRECTNESS: 3 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: 14197 (Revision: A) Printed on: 7/31/2024