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Home My WebLink AboutSubmittal-Melissa Tapanes Llahues-PowerPoint PresentationSubmitted into the pubic record f9r item(s) 7,4 on PG i; City Clerk VOTE NO ON ITEM PZ.10 NCD REPEAL, REPLACE & REZONING City Commission First Reading Item PZ.10 File ID# 3001 February 28, 2019 Melissa Tapanes Llahues, Esq. 5\)1"p\N\ct1/4)\— LQ('‘A 2 PZ.10 Repeals and Replaces both NCDs NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble of this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Miami 21 Code is amended by replacing Appendix A: Neighborhood Conservation District-2 ("NCD-2") and Neighborhood Conservation District-3 ("NCD-3") in their entirety with the following:1 Submitted into the public record fppr it (s)� on ? City Clerk 3 PZ. 10 ALL of Coconut Grove to NCD-3 • Current Boundaries excludes NCD-2 A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT NCD-3 3.1 Boundaries Submitted into the public record cor iteT; (s) ? Z , (.\‘4 on l . City Clerk Generally described as bounded by Douglas Avenue on the west, Franklin Avenue and a portion of Mar- ler Avenue along the north (Douglas Road — Arbitare Way), Arbitare Way and McDonald Avenue along the west (Main Hwy — Bird Road), Bird Road on the south (McDonald Ave — US 1), US 1 on the north, Rickenbacker Causeway on the east, Biscayne Bay along the east and south, Prospect Drive and along the rear of properties on the south side of Battersea Road to Douglas Road. More specifically depicted on the Miami 21 Atlas. 4 P110 —Rezones ALL of Coconut Grove to NCD-3 Submitted into the public Proposed Boundaries includes NCD-2 on A.3. COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT (NCD-3) ARTICLE 1. DEFINITIONS 1.1 BOUNDARIES Generally described as bounded by City of Miami ("City") limits to the west and south, U.S. 1 on the west and north, Rickenbacker Causeway on the east, Biscayne Bay along the east and south, as more specifically depicted on Diagram A3.1. Diagram A3.1: mr City Clerk 5 PZ.10 —Creates NCD-2 as a Zoning Overlay to NCD-3 A.2. VILLAGE WEST ISLAND CONSERVATION DISTRICT ("NCD-2") 2.2 APPLICABILITY Submitted into the pu . lic record fpr iteim(s) ! " on i r. x e, u City Clerk The effect of these regulations shall be to modify transect regulations included within the Village West Island Neighborhood Conservation District (NCD-2) boundaries to the extent indicated herein. Article 5 of the Coconut Grove Neighborhood Conservation District (NCD-3) sets forth the standards applicable to development within each Transect Zone located within the NCD-2 and NCD-3.IFor development within NCD-2, where NCD-2 conflict with any other regulations, NCD-2 regulations supersede. Where the Village West Island Neighborhood Conservation District (NCD-2) regulations are silent, the underlying Coconut Grove Neighborhood Conservation District (NCD-3) regulations shall apply. Where both the Village West Island Neighborhood Conservation District (NCD-2) and Coconut Grove Neighborhood Conservation District (NCD-3) regulations are silent, the standards as established in this Code shall govern. • NCD-2 property owners have received NO notice of proposed rezoning to "underlying NCD-3". 6 PZ.10 is an ILLEGAL REZONING • PZ. 10 repeals the current NCD-2 and NCD-3 boundaries, and recreates an enlarged NCD-3 boundary that includes ALL of Coconut Grove, including the NCD-2. • PZ.10 repeals the NCD-2 boundary, and replaces the NCD-2 with the same boundary, but as a second overlay, where NCD-2 regulations supersede NCD-3 if there are any conflicts. • This is NOT only a Code Amendment this is an illegal REZONING to expand NCD-3 and rezone NCD-2 to NCD-3. Submitted into the pub is rccord f r ite 1 s) \ 7„ on V �� City Clerk 7 Miami 21 protects property owners from this abuse of process by the City and developers. • Miami 21 Article 3, Section 3.12.2.c requires the "process of rezoning." c. Designation Process The NCD shall be designated by process of rezoning, and shall be initiated by an applicant who submits the following to the Planning Department: 1. A description of the proposed boundaries of the NCD; 2_ A description of the distinctive features of the district which are sought to be protected and preserved; 3_ A list of all property owners within the boundaries of the proposed district; 4_ Evidence that demonstrates that at least fifty-one (61) percent of the owners within the proposed boundary support the initiation of the NCD rezoning. • No notice to property owners. • No evidence of "at least 51 % of the owners within the proposed boundary support..." Submitted into the pulic record f9 r ite (s) ii \�} on 1,,//,5 a1A . City Clerk 8 Miami 21 Article 3, 3.12.2.c.4 requires "first class mail to all property owners within the proposed boundaries" of required workshop. The Planning Director shall prepare a recommended conservation plan and any proposed regulations and/or design guidelines as provided in paragraph d. below_ The 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 NCD 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 thirty days prior to the workshop. The City Commission upon designation of the NCD shall adopt the conservation plan and any requisite regulations for the NCD, and the Zoning Atlas shall be amended to show the district boundaries of the NCD. Amendments to any NCD adopted under this Code shall be adopted pursuant to this Code_ • Why? What began as a Code Amendment to 1) preserve tree canopy, 2) enforce the current NCD, and 3) clarify lot split regulations has morphed into a repeal, replace and rezoning without due process. • Rezonings require actual notice to all affected property owners pursuant to State Statute, Miami 21 Article 7, and Miami 21 Article 3. Submitted into the public record f r ite (s) Q 7, ,� on „%Z' /16‘ . City Clerk 9 PZ.10 is a gross overreach without due process and a legislative abuse of power. • PZ.10 rezones all of Coconut Grove to NCD-3 without rezoning process, as required by Miami 21 Section 3.12.2 (c). • No list has been provided of all property owners within the boundaries of the proposed NCD-3, as is required by Miami 21 Section 3.12.2 (c). • No evidence that at least fifty-one percent (51 %) of owners within the proposed NCD-3 boundary support the initiation of the NCD rezoning, as is required by Miami 21 Section 3.12.2 (c). • No evidence of first class notice of City workshop to all property owners. Submitted into the public record f9r ite (s) on 7.,9 1A / City Clerk 10 PZ.10 —Height Regulation Issue Language d. Building Heights shall be measured in Stories and shall conform to Article 4, Table 2. The first -floor elevation of a Principal Building shall be a maximum of two and a half (2.5) feet above grade, or as regulated by FEMA + Freeboard, whichever is higher.�A flat roof shall be a maximum of two (2) Stories and twenty-five (25) feet to the top of parapet.jA pitched roof shall be a maximum of twenty-five (25) feet to the eave and shall not exceed ten (10) feet overall Height above the second Story. Submitted into the public record fpr ite s) 1. , \() on �/ (,� ut . City Clerk 11 PZ.1O —Addition Language • Language c. Floor Lot Ratio ("FLR") shall not exceed that shown in Illustrations 5.3A and 5.3B. 1. Interior spaces exceeding fifteen (15) feet in height shall be calculated as double Floor Ar .a towards th _ maximum F R 2. When the Principal structure is built prior to the effective date of this ordinance, additions may be added that bring the total FLR to 0.65 maximum. (a) Additions must conform to coverage, setbacks, and encroachments as described in the NCD. (b) Any Second Story additions are only permitted in the Third Layer. 3. When an Interior Lot is adjacent to two parcels on the same frontage that each contain a Structure with a minimum of 50% Floor Area at the First Story and 30% Floor Area on the Second Story, FLR of 0.65 shall be permitted on the Interior Lot. • Most already -built structures will not be able to take advantage of this provision because the new regulations will create nonconformities on almost every property within the NCD-3 boundaries. Therefore, additions will enlarge nonconformities, such as Open Space, and will not be allowed. Submitted into the public record f r itep (s) Q L. lid on /IN l l(%k , City Clerk 12 Miami 21 Protections of Nonconforming Lots not included in PZ.10 7.2.3 Alterations and Expansion of Nonconforming Structures a. Single -Family Residences and Duplexes 1. Interior alterations to a nonconforming Single -Family Residence or duplex for interior work such as repairs or interior remodeling shall be allowed. 2. Alterations, additions, repairs and maintenance to a nonconforming Single - Family Residence or duplex shall be permitted as long as there is no enlargement of any nonconformity that affects the exterior of the Building or premises. 3. Where alteration, addition, repair or maintenance enlarges a nonconformity affecting the exterior of the Building or premises, the enlargement may be permitted by Waiver from the Zoning Administrator. 4. Alterations and expansion of Nonconforming Structures shall not require compliance with these regulations 7.2.8 Nonconforming Site Improvements Where nonconforming site improvements exist, such as Off-street Parking and loading, access, fences, walls, lighting, landscaping, or similar site improvements, such nonconformities may continue and the site maybe altered only as provided below. a. No change shall be made in any nonconforming site improvement which increases the nonconformity. Changes maybe approved by Waiver, lithe changes result in the same or a reduced degree of nonconformity Submitted into the public record or ite s) L , \ )� on i, L?� / I� City Clerk 13 PZ.10 — FLR Comparison CHARLES TREISTER, ARCHITECT January 24, 2019 NCD-3 FLOOR LOT RATIO COMPARISON LOT SIZE 10,000 SF Lot CURRENT CODE - 0.80 FLR ALLOWABLE BUILDING AREA 8,000 LESS GARAGE (450) 2 Car HOUSE AC 7,550 76% PROPOSED Reduction - 0.50 FIR 7,000 SF Lot 5,600 (450) 2 Car 5,150 74% UNACCEPTABLE -TOO REST WINE ALLOWABLE BUILDING AREA. 5,000 LESS GARAGE: (450)2 Car MIN. AC Suggested Compromise - 0.65 FLR 4,550 46%g ACCEPTABLE REDUCTION ALLOWABLE BUILDING AREA 6,500 LESS GARAGE (450)2 Car MIN. AC 6,150 62% 3,500 (450) 2 Car 3,050 44% 4,550 (450)2 Car 4,100 59% 5,000 SF Lot 4,000 (250) 1 Car 3,750 75% 2,500 (250) 1 Car 2,250 45% 3,250 (250) 1 Car 3,000 60'%a Submitted into the public record fr ite (s) ? Z , 10 on 7.,1 / 1 . City Clerk