HomeMy WebLinkAboutSubmittal-1..TITLE
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,
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.
..FISCAL IMPACT
REQUEST: To Amend Ordinance No. 11000 Text
APPLICANT(S): Joe Arriola, City Manager
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADVISORY BOARD: Recommended approval to City
Commission on December 1, 2004 by a vote of 7-0. See
companion File ID 04-01441a.
PURPOSE: This will create the NCD-3 Coconut Grove
Neighborhood Overlay District and establish special
district requirements.
NOTES: Per City Attorney's Office, remanded to First
Reading.
..BODY
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 SUBMITTED INTO THE
PUBLIC RECORD FOR
ITEMz iy ON a- av-�+
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
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.
Submitted Into the public
record in connection with
item ? z • on a
Priscilla A. Thompson
City Clerk
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.
Submitted Into the public`
record in connection with
item Pz• ILI on a-rcj-oa
Priscilla A. Thompson
City Clerk
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.
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:
Submitted Into the public
record in connection with
item j'Z____1. __on a • . j- os-
Priscilla A. Thompson
City Clerk
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 Interior Lots Corner Lots
Corner Lots:
Size in Square First Story of Second Story of First Story
of Second Story of
Feet Structure Structure Structure Structure
Less than 7, 500 10 feet 15 feet 15 feet 20 feet
7, 500 - 10, 000 15 feet 25 feet 15 feet 25 feet
More than 10, 000 25 feet 35 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.
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
Submitted Into the public
record in connection with
item Pz. p4 on a - sy-os
Priscilla A. Thompson
City Clerk
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. LOTS AND BUILDING SITES:
Wherever an existing single-family residence or lawful
accessory building(s) or structure(s) is located on one or
more platted lots or portions thereof, such lots shall
thereafter constitute only one building site and no permit
shall be issued for the construction of more than one
single-family residence except by Class II Special permit.
Such structures shall include but not be limited to
swimming pools, tennis courts, walls, fences or other at
grade or above ground improvements. No building sites in
existence prior to the effective date of NCD-3 shall be
diminished in size except by Class II Special permit,
subject to the criteria specified in Section 1305.
Demolition permits shall require a Class I Special permit
with mandatory referral to Planning and to contain a tree
survey by an arborist in addition to the requirements set
forth in Article 14 - Class I Special Permits; detailed
requirements.
2. 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.
Submitted Into the public
record in connectign�with
item Pz.. 1 `i on J.J.4 os
Priscilla A. Thompson
City Clerk
Except as required for the driveway approach,
any driveway in a required yard adjacent
be within five (5) feet of any property
may be required to allow for turnaround
case said driveway shall be constructed
material in its entirety.
Tandem parking shall be allowed.
Garage doors which are more than
not be allowed.
line
no portion of
to a street shall
other
maneuver, in
of permeable
than as
which
nine (9) feet wide shall
3. FENCES:
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.
4. 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. fl_-__ved for Coconut Grove NCD-3 Commercial
Districts.
803.6.1. Maximum retail square footage.
803.6.1.1. Intent.
The intent of this provision is to preserve the
neighborhood retail character of commercially zoned
areas within the Coconut Grove NCD-3 District. This
provision seeks to protect the architectural variety
and the quality of the architecture within the Coconut
Grove NCD-3 commercial districts. It is also the
intent of this provision to protect adjacent low -
density residential neighborhoods from the negative
impacts that can accompany large-scale retailing
within Coconut Grove NCD-3 commercial districts.
803.6.1.2. Effect.
The square footage of individual retail establishments
within C-1 zoning districts shall be limited to a
maximum size of 70,000 square feet in total floor area
used for retail and related services.
the public"
ith
item. ?2, i on 9.: p-tk c-os-
-
City Vk k
The square footage of individual retail establishments
within SD-2 or SD-13 zoning districts shall be limited
to a maximum size of 20,000 square feet in total floor
area used for retail and related services.
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 Marler
Avenue 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:
Submitted Into the public
record in connection with
item P2. iy on sw. 05
Priscilla A. Tho p n
City Clerk
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
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}
APPROVED AS TO FORM AND CORRECTNESS:
JORGE L. FERNANDEZ
CITY ATTORNEY
..Footnote
Submitted Into the public
record in connectio w'th
item P2. 114 on ?- AS
Priscilla A. Tho pson
City Clerk
{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.
Submitted Into the public
record in connectio wi h
item P 2 t IA on Or
Priscilla A. Thompson
City Clerk