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.
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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
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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