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Home My WebLink AboutPZAB (13940) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-23-068 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 13940 Date Rendered: 6/23/2023 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION OF AN ORDINANCE AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") 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. 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 this 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 simply 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") 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 WHEREAS, the PZAB has considered the need and justification for the proposed text amendment, as stated herein, including changed and changing circumstances; and Date Rendered: 6/23/2023 City of Miami Page 1 of 4 File ID: 13940 (Revision:) Printed On: 6/30/2023 WHEREAS, the PZAB 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 PZAB recommends to the City Commission approval the proposed Miami 21 Code text amendment, as stated herein; NOW, THEREFORE, BE IT RESOLVED BY THE MIAMI PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Planning, Zoning and Appeals Board ("PZAB") recommends to the Miami City Commission approval of an ordinance amending Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") specifically by amending Article 7, titled "Procedures and Nonconformities," in the following particulars.' "ARTICLE 7 - PROCEDURES AND NONCONFORMITIES 7.1.2.5 Waiver The Waiver permits specified minor deviations from the Miami 21 Code; 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 Code; 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. 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: 13940 (Revision:) Printed On: 6/30/2023 Section 3. The PZAB further recommends to the Miami City Commission approval of an ordinance amending the Miami 21 Code, specifically by amending Appendix A - Neighborhood Conservation District ("NCD") 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 be referred to: require a Wai„er and be referrer! to the Planning Department for review under the Tree Preservation Ordinance. All submittal& shall contain a tree survey by a certified arborist. 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 be referred to: regi lire a Wai„er and be referred to the Planning Department for review under the Tree Preservation Ordinancc. All submittal shall contain a tree survey by a certified arborist. 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." 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: 13940 (Revision:) Printed On: 6/30/2023 Section 4. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 5. It is recommended that new developments under review by the City that have completed prescreen review within ePlan prior to effective date of the ordinance be vested under previous standards. Section 6. This Resolution shall become effective immediately upon its adoption. Reviewed and Approved: Lak sha Hul l AICP LEED AP BD+C City of Miami Page 4 of 4 File ID: 13940 (Revision:) Printed On: 6/30/2023