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HomeMy WebLinkAboutPZAB (7057) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-20-012 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 7057 Final Action Date: 2/19/2020 A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD ("PZAB" OR "BOARD") RECOMMENDING APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, MORE SPECIFICALLY BY AMENDING APPENDIX A, TITLED "NEIGHBORHOOD CONSERVATION DISTRICTS," TO INCORPORATE ADDITIONAL HEIGHT ALLOWANCES AND FREEBOARD IN THE FLOODPLAIN; 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 ("Miami 21 Code"); and WHEREAS, on March 23, 2017, the Miami City Commission passed Resolution R-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 14 to 34 inches by 2060; and WHEREAS, the City will consider and incorporate future sea level rise projections from the SFRCCC; and WHEREAS, on October 13, 2016, the City Commission adopted Ordinance No. 13640, which established the Sea Level Rise Committee to study the effects of sea level rise; 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 and Section 163.3178(2)(h), F.S.; 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 Page 1 of 4 File ID: 7057 (Revision:) Printed On: 2/20/2020 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 allowed Freeboard and additional flood resilience measures in other parts of the City; and WHEREAS, an additional amendment is required so that Freeboard is applied to the areas located in Neighborhood Conservation Districts ("NCDs"); and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has conducted a public hearing on the proposed text amendment; and WHEREAS, the PZAB has considered whether the proposed amendment will further the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the PZAB has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary; WHEREAS, the PZAB finds that there is substantial competent evidence in the record to recommend approval of the Miami 21 Code text amendment; NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS BOARD OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. It is recommended that Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, be amended by amending Appendix A, titled "Neighborhood Conservation Districts," 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. 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: 7057 (Revision:) Printed On: 2/20/2020 A.2. VILLAGE WEST ISLAND DISTRICT AND CHARLES AVENUE (NCD-2) 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 City of Miami Page 3 of 4 File ID: 7057 (Revision:) Printed On: 2/20/2020 4. Height Height is limited to two full stories from grade or minimum FEMA cicvation as dcfined within this cod° Base Flood Elevation with a minimum of one (1) foot to a maximum of five (5) feet of Freeboard, 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 Resolution is declared invalid, the remaining provisions of this Resolution should not be affected. Sgcttion 4. This Resolution shall become effective immediately upon its adoption. Fra Cisco rcia, Director Depa ment of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) Execution ate q O('7 Personally appeared before me, the undersigned authority, CA OnZ t " Clerk of the Planning, Zonin. and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed ttie foregoingl�(Resolution. S Oi;2N AND SUBSCRIBED BEFORE ME THI 0 DAY OF\ Jng202 L) Print Notary Name Personally know L/ or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath c State of Florida My mmission Expires: sti""�i y ERICA K. LEE `,, :;: MY COMMISSION # GG 188537 �•- roar EXPIRES: February 21, 2022 IAlfebiSss Bonded Thru Notary Public Underwriters City of Miami Page 4 of 4 File ID: 7057 (Revision:) Printed On: 2/20/2020 ALLOWED UNDER CURRENT REGULATIONS ALLOWED UNDER PROPOSED REGULATIONS FREEBOARD ILLUSTRATED The Federal Emergency Management Agency defines and discusses "freeboard"as "a factor of safety usually expressed in feet above a flood level for purposes of floodplain management" That is, Freeboard is the provision of extra height above which the habitable portions of a residential building are constructed. While the Florida Building Code already requires the provision of one foot of Freeboard above the Base Flood Elevation for residential construction, the proposed amendment would allow for the provision of four additional feet above that within the Neighborhood Conservation Districts, totalling five feet of Freeboard. FEMA describes the Base Flood as the flood that has a one percent chance of occur- ring in any year. The Base Flood Elevation is the height above mean sea level to which FEMA calculates the Base Flood would reach. 25' FREEBOARD BASE FLOOD ELEVATION GRANDFATHERED (NONCONFORMING) 25' Created by the City of Miami Planning Departme February 2019 Amended January 2020 FEMA Special Flood Hazard Area jril Coral Gate (NCD-1) Village West Island and Charles Avenue (NCD-2) rri Coconut Grove (NCD-3) Water Flood Zone AH - usually areas of ponding AE - storm surge/riverine flooding VE - storm surge with wave action "The Federal Emergency Management Administration defines the Special Flood Hazard Area as "the land area covered` by the floodwaters of the base flood...on NFIP maps: The SFHA is the area where the National Flood Insurance Programs, (NFIP's) floodplain management regulations must be enforced' and the area where the mandatory purchase of flood insurance applies..." / FEMA describes the flood zones as follows: AH ° "the zone...that corresponds to the areas of 1 percent annual chance shallow...(usuallyca`reas of ponding) where average depths are between 1 and 3 ft." N AE`-"the zone that corresponds to the 1 percent annual chance floodplain..." VE = "the zone that corresponds to areas within the 1 percent annual chance coastal flooplain that have -_ additional hazards associated with storm waves." Miami 21 Text Amendment proposes to allow Freeboard within the Special Flood Hazard Area, within the Neighborhood Conservation Districts. All areas outside the Special Flood Hazard Area are not subject to the proposed amendment. Created by the City of Miami PlanningDepartment 1/6/2020 N:\Planning\GIS\Resilience_Mapping\FloodVulnerability