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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 7256 Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY, AMENDING APPENDIX "A" OF MIAMI 21, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT," TO INCORPORATE ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: This text amendment to the Miami 21 Zoning Code will allow new construction and redevelopment within the Neighborhood Conservation Districts to raise habitable structures out of the flood plain with added Freeboard, up to five feet above the Base Flood Elevation. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: Recommended approval on February 19, 2020, by a vote of 7-0. City of Miami File ID: 7256 (Revision:) Printed On: 5/2/2025 City of Miami Legislation Ordinance Enactment Number:13910 City Hall 3500 Pan Ameican Drive Miami, FL 33133 www.miamigov.com File Number: 7256 Final Action Date: 6/25/2020 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21"); MORE SPECIFICALLY, AMENDING APPENDIX "A" OF MIAMI 21, TITLED "NEIGHBORHOOD CONSERVATION DISTRICT," TO INCORPORATE ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 22, 2009, the Miami City Commission adopted Ordinance No. 13114 as the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, on March 23, 2017, the Miami City Commission passed Resolution No. 17- 0146, which recommended the City of Miami ("City") formally join the Southeast Florida Regional Climate Change Compact ("SFRCCC"); and WHEREAS, the SFRCCC establishes the Unified Sea Level Rise projection for Southeast Florida, which is currently projected at fourteen (14) to thirty-four (34) inches by 2060; and WHEREAS, the City will consider and incorporate future sea level rise projections from the SFRCCC; and WHEREAS, twenty-four percent (24%) of the City is within the Coastal High Hazard Area ("CHHA") as defined in Coastal Management Policy CM-4.1.2 of the Miami Comprehensive Neighborhood Plan ("MCNP") and Section 163.3178(2)(h), Florida Statutes; and WHEREAS, the City has over 12,000 properties within the CHHA, comprising roughly 5,716 acres within the City; and WHEREAS, the majority of properties within the CHHA are designated "T3," Sub -Urban Transect, and "T6," Urban Core Transect; and WHEREAS, for the safety, well-being, and long-term sustainability of life and property, the City is pursuing changes to the Miami 21 Code to address sea level rise; and WHEREAS, the Federal Emergency Management Agency ("FEMA") encourages the incorporation of Freeboard into the construction and reconstruction of properties within areas prone to flooding, with consideration of future risk due to sea level rise; and City of Miami File ID: 7256 (Revision:) Printed On: 5/2/2025 WHEREAS, the addition of Freeboard to height requirements has many benefits, including reducing the amount of at -risk properties from flood damage and reducing National Flood Insurance Program ("NFIP") premiums for property owners; and WHEREAS, on March 28, 2019, the City Commission adopted Ordinance No. 13831, which amended the Miami 21 Code to allow for Freeboard and additional flood resilience measures in the City; and WHEREAS, an amendment to Appendix "A" of the Miami 21 Code is required so that Freeboard is applied to the areas located in Neighborhood Conservation Districts ("NCDs"); and WHEREAS, on February 19, 2020, at a duly noticed public hearing, the Planning, Zoning and Appeals Board ("PZAB") conducted a public hearing and recommended approval of the proposed text amendment and adopted Resolution No. R-20-012 by a vote of seven to zero (7- 0); and WHEREAS, the City Commission has considered whether the proposed amendment will further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; 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. The Miami 21 Code is further amended by amending Appendix "A", titled "Neighborhood Conservation District," in the following particulars:1 "Appendix A - Neighborhood Conservation District A.1. CORAL GATE (NCD-1) 1.7 Height Height is limited to a maximum of twenty-five (25) feet from flood level Base Flood Elevation with a minimum of one (1) foot to a maximum of five (5) feet of Freeboard or average sidewalk elevation, whichever is higher. No variances for height shall be allowed. A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2) 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 File ID: 7256 (Revision:) Printed On: 5/2/2025 2.4.2 Single Family Residential District d. Height Height is limited to a maximum of twenty-five (25) feet measured to the midpoint between the eave and roof top and is measured from flood level Base Flood Elevation with a minimum of one (1) foot to a maximum of five (5) feet of Freeboard or average sidewalk elevation, whichever is higher. In addition to the maximum height of twenty-five (25) feet measured to the mid -point of the roof top and eave, 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 or as required by the fire code. For Lots with less than ten thousand (10,000) square feet in area, the height limitation for accessory structures shall be thirteen (13) feet. A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT NCD-3 3.6 Single -Family Residential District * * * d. Height Height is limited to a maximum of twenty-five (25) feet measured to the midpoint between the eave and roof top and is measured from flood level Base Flood Elevation with a minimum of one (1) foot to a maximum of five (5) feet of Freeboard or average sidewalk elevation, whichever is higher. In addition to the maximum height of twenty-five (25) feet measured to the mid -point of the roof top and eave, 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 or as required by the fire code. For Lots with less than ten thousand (10,000) square feet in area, the height limitation for accessory structures shall be thirteen (13) feet. k. Single Family Estate Lot Residential designation 4. Height Height is limited to two full stories from grade or minimum FEMA cicvation as dcfincd within this cods Base Flood Elevation with a minimum of one (1) foot to a maximum of five (5) feet of Freeboard, City of Miami File ID: 7256 (Revision:) Printed On: 5/2/2025 whichever is higher. Height is measured to the bottom of the eave. Variations to the Height requirement may be allowed for skylights or solar panels not exceeding three (3) feet above the roof. Such structures shall not cover more than ten (10) percent of the roof structure. *„ 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. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Miami 21 Code, which 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. This Ordinance shall become effective ten (10) days after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS: "ndez, ity (tor ndez, ity Attor ey 5/26/2020 2 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 File ID: 7256 (Revision:) Printed On: 5/2/2025