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HomeMy WebLinkAboutO-12052J-01-205 4/25/01 12052 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 10/ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "BUILDINGS /EXTERIOR FACADE CODE'' TO PROVIDE FOR DEFINITIONS, ESTABLISH MEDIA DISTRICTS AND PROVIDE FOR EXCEPTIONS TO THE EXTERIOR FACADE. CODE BY CLASS II. SPECIAL PERMIT; MORE PARTICULARLY BY ADDING NEW DEFINITIONS TO SECTIONS 10-22 AND ADDING NEW SECTION 10-26 TO SAID CODE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, it has been determined that exceptions to the exterior facade code may ,be necessary to promote the usage of certain buildings in the Media District for artistic photography; and WHEREAS, the existing provisions may unnecessarily place the Media District at a competitive disadvantage for photography with the rest of Miami -Dade County and South Florida; and WHEREAS, the Planning Advisory Board, at its meeting of February 21, 2001, Item No. 4, following an advertised hearing, adopted Resolution No. PAB 22"-01, by a vote of six to zero (6-0), RECOMMENDING APPROVAL of an amendment to the Miami City Code, as 12052 amended, by amending Section 10-22 therein to allow exceptions to the appearance code for the Media District; 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 adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 10 of the Code of the City of Miami, Florida, as amended, entitled "Buildings'' is further amended to read as follows:'-/ "Chapter 10 BUILDINGS Article II: Exterior Fagade Code Sec. 10-22. Definitions. Event'' shall, for the purpose of this chapter, mean any media related occurrence such as photo shoot, movie shoot, video shoot or other similar happening. "Media District'' shall be defined as an area within the City of Miami which is designated as being of aesthetic value for the media/entertainment industr 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. Page 2 of 5 12052 "Omni Area Media District" shall mean and is designated as that area bounded by Northeast 15th Street on the north, the FEC right -of way on the west, I-395 on the south, and Northeast 1St Avenue on the east. 10-26. Exceptions. The restrictions as modified by the Di set forth herein, may be for of the Department of Planning and Zoning, subject to the issuance of a Class II Special Permit as required by Zoning Ordinance No. 11000, as amended, the Zoninq Ordinance of the City of Miami, for properties lying within a designated Media District. In determining the issuance of a Class II Special Permit, the director shall review and make findings based upon the following criteria: 1. the structure/building is of significant value to the Media District; and the Class II Special Permit shall expire one year after its issuance; annual renewals shall be required; and 3. the application fee for the Class II Special Permit shall.be $400; and 4. the owner of the property shall comply with the following: a.the owner shall submit an engineering report, certifying that the subject structure is.safe for the public and safe for the limited use of the media industrv; and b. provide insurance coverage holding the City of Miami harmless from any liability, as required by the Risk Management Division• and c. events, as required by the Class II Special Permit ; 'and d. any other requirement that the Director of Planning and Zoning may deem necessary for the safety of the proposed use and the public; and Page 3 of 5 -- 12052 5. the Director of Planning and Zoning shall review and approve any proposed aesthetic changes or modifications to the structure which are visible from the public right-of-way. Such findings shall be incoroorated as part of the final decision of the Class II Special Permit. Decisions of the Planning and Zoning Director are final, unless appealed according to the procedures set forth in Article 18 of Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami.'' Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared,invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof.21 PASSED ON FIRST READING BY TITLE ONLY this 29th day of March , 2001. zr This. Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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. Page 4 of 5 12052 2 0 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this __Z -6_t -_b, day of April , 2001. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor .did not indicate approval of this legislation by signing, it in the designated place pro ' ed, -.said legislation no4r becomes effective with the elapse of ten (10) days from date of Co ATTEST: regarding same, uvlt =t the Mayor eue 'sing, et - WALTER J. FOEMAN Wafter J. Foe BffC CITY CLERK APPRD PX jO.FOAND CORRECTNESS: TDR VILARELLO TV 7)1,TTO//RNEY W1032 : GMI�f":Ildp : BSS Page 5 of 5 12052 APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PLANNING FACT SHEET City of Miami Planning and Zoning Department. February 21, 2001. Amendment to the Miami City Code. N/A PZ -29 SECOND READING PETITION Consideration of amending the Miami City Code, as amended, by amending Section 10-22 in order to allow exceptions to the Appearance Code for the Media District; and further defining such districts. PLANNING RECOMMENDATION Approval. BACKGROUND AND The purpose of the proposed amendment is to promote the ANALYSIS usage of certain building looks and styles in the photography, video and movie (media) industry. To this end, exceptions to the exterior facade code shall be made available through Class II Special Permits with annual renewals. Safeguards, which ensure that buildings. utilized for such purposes are structurally sound, have been provided. The Planning and Zoning Department recommends approval finding that this provision will promote and enhance the media industry in the City of Miami. PLANNING ADVISORY BOARD Approval VOTE: 6-0 CITY COMMISSION Passed First Reading on Larch 29, 2001. APPLICATION NUMBER 2001-003 Item #4 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2"D AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 uaie: Z/io/LUui Page 1 RESOLUTION PAB -22-01 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING THE MIAMI CITY CODE, AS AMENDED, BY AMENDING SECTION 10-22 IN ORDER TO ALLOW EXCEPTIONS TO THE APPEARANCE CODE FOR THE MEDIA DISTRICT. HEARING DATE: February 21, 2001 ITEM NO.: 4 VOTE: 6-0 ATTEST: Acid Gelabef-the ,-Director Planning and Zoning Department 12052