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HomeMy WebLinkAboutO-13563City of Miami Legislation Ordinance: 13563 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 15-00678zt1 Final Action Date: 9/24/2015 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 3, ADDING SECTION 3.12.3, ENTITLED "NEIGHBORHOOD REVITALIZATION DISTRICTS (NRD)"; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, Ordinance No. 13114, was adopted as the City of Miami's ("City's") Zoning Ordinance ("Miami 21 Code"); and WHEREAS, on May 7, 2015, a public workshop was held to discuss the proposed NRD-1 with the Wynwood Business Improvement District ("BID"), the general public, and interested parties; and WHEREAS, Neighborhood Revitalization Districts ("NRDs") are needed to assist in revitalizing unique and distinctive areas of the City that exhibit a certain defined character worthy of enhancements; and WHEREAS, it has been determined that adding Section 3.12.3 is required so that the Neighborhood Revitalization District 1 ("NRD-1") intent can be reflected in the Miami 21 Code and establish a framework for the NRD-1 and future NRDs within the City; and WHEREAS, the Miami Planning, Zoning, and Appeals Board ("PZAB"), at its meeting of June 17, 2015, Item No.PZAB.4, following an advertised hearing, adopted Resolution No. PZAB-R-15-036 by a vote of nine to zero (9-0), recommending APPROVAL of this item to the City Commission; 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 and its residents to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE 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. Section 2. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby amended by making modifications to Article 3 in the following particulars:{1} II* ARTICLE 3. GENERAL TO ZONES City of Miami Page 1 of 5 File Id: 15-006787t1 (Version: 3) Printed On: 3/23/2018 File Number: 15-00678zt1 Enactment Number: 13563 3.12 DESIGN GUIDELINES, AND NEIGHBORHOOD CONSERVATION DISTRICTS, AND NEIGHBORHOOD REVITALIZATION DISTRICTS 3.12.3 Neighborhood Revitalization Districts (NRD) a. Intent A Neighborhood Revitalization District (NRD) is an overlay zoning district that is intended to revitalize unique and distinctive neighborhoods that exhibit a certain defined character worthy of enhancements, such as distinct physical features, unique design characteristics, or recognized cultural identity. A NRD provides additional regulations or design guidelines for new construction or modifications to existing Buildings and Streetscapes, in order to promote, enhance, and perpetuate the value of properties while responding to the existing conditions of the neighborhood. It is further intended that such districts and the regulations adopted for them shall be in accordance with and promote the adopted Zoning Ordinance and Miami Comprehensive Neighborhood Plan. b. Purposes The purposes of creating a NRD, singularly or in combination, are to: 1. Revitalize unique and distinctive neighborhoods that have exhibited a certain defined character worthy of enhancements, such as distinct physical features, unique design characteristics, or recognized cultural identity. 2. Identify and preserve structures within the district that, while not historically designated, possess significant character reflecting a Legacy Structure which is a component of the neighborhood and important to Miami's past. 3. Protect and promote specialized commercial areas with distinct character, such as arts, outdoor markets, or design districts, and assist in their economic revitalization and enhancement. 4. Establish commercial Corridors to function as Mixed -Use, transit -oriented, walkable areas for the neighborhood and its surrounding community. 5. Improve off-street parking efficiency through transit incentivized parking reductions and centralized parking programs. 6. May implement a Public Benefits Program calibrated to the neighborhood to address specific City of Miami Page 2 of 5 File Id: 15-00678711 (Version: 3) Printed On: 3/23/2018 File Number: 15-00678zt1 Enactment Number: 13563 needs for Affordable/Workforce Housing, Public Parks and Open Space, or Civic Space or Civic Support Uses. c. Designation Process The NRD shall be designated by process of rezoning, and may be initiated by the Planning and Zoning Department or by an applicant. If initiated by an applicant, such application must be submitted to the Planning and Zoning Department and accompanied by the following: 1. A description of the proposed boundaries of the NRD; 2. A description of the distinctive physical features and characteristics of the district which are sought to be enhanced and perpetuated for the future of the neighborhood; 3. A list of all property owners within the boundaries of the proposed district; 4. Written evidence that demonstrates that at least fifty-one percent (51 %) of the owners within the proposed boundaries support the initiation of the NRD rezoning. The Planning Director shall prepare a recommended revitalization plan and any proposed regulations or design guidelines as provided in paragraph d. below. The Planning, Zoning and Appeals Board ("PZAB") shall consider the recommendations and provide its recommendations to the City Commission. In addition, the City shall conduct at least one workshop regarding the proposed NRD during the consideration of the rezoning, and notification of the workshop shall be sent by first class mail to all property owners located within the proposed boundaries of the district, as shown on the tax roll, at least ten (10) days prior to the workshop. The City Commission, upon designation of the NRD, shall adopt the revitalization plan and any proposed regulations or design guidelines for the NRD, and the Zoning Atlas shall be amended to show the district boundaries of the NRD. Amendments to any NRD adopted under this Code shall be adopted pursuant to this Code. d. Recommendation for Neighborhood Revitalization District designation The Department of Planning and Zoning shall prepare a recommendation for the designation of each NRD. Each recommendation shall identify the proposed rezoning by the specific name created for the NRD and shall contain the following information: 1. A statement of the purposes of the NRD, specifying the substantial public interest involved, the objectives to be promoted by the revitalization plan and any proposed regulations or design guidelines, and any special regulations for the district as a whole, or within any subareas of the City of Miami Page 3 of 5 File Id: 15-00678711 (Version: 3) Printed On: 3/23/2018 File Number: 15-00678zt1 Enactment Number: 13563 district which may be recommended. 2. The boundaries of the NRD district and any sub -areas, if any, including a map and a general land description of the boundaries. 3. An explanation of the boundaries selected that meets the intent and requirements for the NRD. 4. Appropriate maps and graphics, and any design guidelines or regulations recommended to promote the purposes of the district. Regulations may require rezoning to different Transect Zones than those existing at the time of designation, additional overlay zoning standards, additional overlay zoning processes, or the like, as tailored specifically to the NRD. e. NRD Land Development Regulations The requirements of this Code shall be effective in the NRD except as modified by the regulations of the revitalization plan and any proposed regulations or design guidelines adopted by the City Commission upon designation of the NRD. The ordinance designating the NRD shall be referenced in this Code, with any specific regulations and design guidelines of the NRD adopted by reference to this Code and maintained in the Planning and Zoning Department. f. NRD-1 Neighborhood Revitalization District 1 The NRD-1, originally adopted by Ord. No. XXXX, on XXXXXXX XX, 2015, is hereby amended and codified in Appendix J to this Code. Section 3. 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 4. This Ordinance may not become effective until thirty-one (31) days after second reading and adoption thereof pursuant and subject to §163.3187, Florida Statutes.{2} Footnotes: City of Miami Page 4 of 5 File Id: 15-00678711 (Version: 3) Printed On: 3/23/2018 File Number: 15-00678zt1 Enactment Number: 13563 {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 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, whichever is later. City of Miami Page 5 of 5 File Id: 15-00678711 (Version: 3) Printed On: 3/23/2018