HomeMy WebLinkAboutVol. I. Sec. A.3. Zoning Division Analysis for Public Hearing�vi9<�
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MARLINS BALLPARK
1501 NW 3RD STREET MIAMI, FLORIDA
G/I GOVERNMENT AND INSTITUTIONAL
APPLICATION FOR MAJOR USE SPECIAL PERMIT SUBJECT TO COMPLIANCE
WITH ZONING ORDINANCE 11000 and THE CITY CODE, AS AMENDED, AND TO
ALL APPLICABLE CRITERIA, CONSIDERATIONS AND/OR OTHER
REGULATIONS.
Pursuant to Zoning Ordinance 11000, as amended, Supplement 14, the Zoning Ordinance of
the City of Miami, Florida, the subject proposal for MARLINS BALLPARK at 1501 NW 3RD
STREET MIAMI, FLORIDA, has been submitted and reviewed to allow an application for a
Major Use Special Permit, subject to all applicable criteria as per zoning regulations 11000;
The proposed development "Marlins Ballpark" will be comprised of a Mixed Use complex
(with an intensity as per Office regulations), including a Ballpark Stadium of 37,000 seats,
approximately 61,678 square feet of Accessory Retail space, and approximately 96
Residential Units. The proposed project will provide 5,809 off-street parking spaces (4,840
in structured parking and 969 parking spaces on surface lots as interim parking see
footnote). The Ballpark Stadium structure will have a maximum height of 269 feet 0 inches
A.G.L. at top of the retractable roof.
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (2), to
allow a non-residential development involving in excess of two hundred thousand (200,000)
square feet of floor area, 1,100,956 square feet in this case;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (7), for
any single use or combination of uses requiring or proposing to provide in excess of five hundred
(500) off-street parking spaces, 5,809 parking spaces in this case;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 17. Section 1701, Definition (6), for
Recreational, cultural, or entertainment facilities involving in excess of fifteen hundred (1,500)
off-street parking spaces, 5,809 parking spaces in this case;
MAJOR USE SPECIAL PERMIT, as per ARTICLE 4, Section 401, Under Conditional
Principal Uses of G/I Districts, to allow the development of a Major Sport Facility;
The Major Use Special Permit encompasses the following Special Permits and additional
Requests:
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 903.1, to allow a project designed
as a single site and occupies lots divided by a street or alley;
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, to allow modifications in
setbacks up to a maximum of 50% of the required setbacks (Ordinance No. 13033);
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, to allow retail and restaurant
developments serving as accessory uses or structures to Major sports facilities (Ordinance
No.13033);
CLASS II SPECIAL PERMIT, as per ARTICLE 4, Section 401, to allow parking reduction
of up to ten percent (10%) of the required off-street parking spaces for Major sports facilities
located within one (1) mile of a Metrorail or People Mover Station or Mass transit facility
(Ordinance No. 13033).
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City
of Miami Off-street Parking Guides & Standards for reduction of required backup distance
in driveway isles less than the required 23 feet (plans submitted are very preliminary and project
must comply with all applicable parking standards prior to obtaining a building permit);
CLASS II SPECIAL PERMIT, as per ARTICLE 15, Section 1512, to allow a waiver of City
of Miami Off-street Parking Guides & Standards for the required additional foot when a
parking stall abuts a column, wall or any other obstruction (plans submitted are very preliminary
and project must comply with all applicable parking standards prior to obtaining a building
permit),
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 922.4, to allow maneuvering of
trucks on public rights-of-way with referral to Public Works Director;
CLASS II SPECIAL PERMIT, as per ARTICLE 9, Section 908, Sub -Section 908.2, Access,
to allow driveways of width greater than 25 feet;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 927. to allow temporary structures,
occupancies, and uses reasonably necessary for construction such as construction fence,
covered walkway and if encroaching public property must be approved by other city
departments;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 906.9, to allow temporary
carnival, festival, fair or similar type event on privately owned or City -owned land such as a
ground breaking ceremony;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 916.2.1, to allow parking for
temporary special event such as ground breaking ceremonies;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 918.2, to allow temporary off-
street offsite parking for construction crews working on a commercial project under construction;
CLASS I SPECIAL PERMIT, as per ARTICLE 9, Section 920.1.2, to allow construction
trailer(s) and other temporary construction offices such as watchman's quarters, leasing and sales
centers;
CLASS I SPECIAL PERMIT, as per ARTICLE 10, Section 10.5, Sub -Section 10.5.4.2, G/I
Government and Institutional, Temporary Signs (3) , to allow temporary development signs;
REQUEST, for waiver of CHAPTER 36 NOISE, Section 36-6 Construction Equipment (a)
permitting the operation of construction equipment exceeding the sound level of a reading
of 0.79 weighted average dBA at any time and/or day subject to the City Manager Exception
pursuant to Section 36-6 (c) and all the applicable criteria;
' a
F ncisco . Gon alez D e
oning ans Reviewer
Footnote:
969 off-street interim parking spaces shall be contingent on adoption of Interim
Parking Ordinance on 2" d Reading scheduled for 2/26/09. See Legistar File ID # 08-
01419zt. In the event the legislative item is not adopted, additional permanent parking
shall be required.
rile Ntunber: 08-01058zt
City of Miami
Legislation
Ordinance
fid, /30.33
City Hall
3500 Pan American
Drive
Miami, FL 33133
wry w.miarnigov.com
Final Action Date: /O/a 3/0 O
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE
NO, 11000, AS AMENDED, THE ZONING ORDINANCEE OF THE CITY OF MIAMI,
BY AMENDING ARTICLE 4, SECT ION 401, SCHEDULE OF DISTRICT
REGULATIONS IN ORDER: 1) TO INCREASE THE AMOUNT OF PERMITT cD
ACCESSORY RETAIL USES IN CONJUNCTION WITH A MAJOR SPORTS
FACILITY IN THE G/I DISTRICT, 2) TO INCLUDE OFFSTREET PARKING
REQUIREMENT PROVISIONS IN SAID DISTRICT; 3) TO PERMIT A TEN
PERCENT (10%) REDUCTION OF REQUIRED OFFSTREET PARKING SPACES,
SUBJECT TO A CLASS II SPECIAL PERMIT, WHEN SAID MAJOR SPORTS
FACILITY IS LOCATED WITHIN A CERTAIN PROXIMITY OF A METRORAIL OR
PEOPLE MOVER STATION; AND 4) TO ALLOW A MODIFICATION OF UP TO A
MAXIMUM OF FIFTY PERCENT (50%) OF THE REQUIRED SETBACKS,
SUBJECT TO A CLASS 11 SPECIAL PERMIT, CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of September 17, 2008, Item
No. P.S following an advertised hearing, adopted Resolution No. PAB-08-037 by a'vote of eight to zero
(8-0) recommending APPROVAL of amending Zoning Ordinance No, 11000, as hereinafter set forth:
and
WHEREAS, the City Commission, after careful consideration of this matter deems it advisable
and in the Fest interest of the general welfare of the City of Miami and its inhabitants to amend
Ordinance 11000 as hereinafter set forth:
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. Ordinance, No. 11000, as amended, the Zoning Ordinance of the City of Miami,
Florida, is hereby amended by amending the text of said Ordinance as follows:
"ARTICLE 4 ZONING DISTRICTS
Sec. 401. Schedule of district regulations.
M
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>
File Plumber. 08-01058zt
G/I Government and Institutional.
Intent and Scale:
The government/institutional category allows the development of facilities for federal, state and local
govemment activities, major public or private health, recreational, cultural, religious or educational
activities, major transportation facilities, public utilities, and public and private cemeteries. Uses
ancillary to these uses are allowed to a maximum density and intensity equivalent to the least intense
abutting zoning district, subject to the same limiting conditions.
Intensity:
For residential uses: As for the least intense abutting zoning district.
For Government and Institutional Uses: As for Office
For'all other non -institutional uses: As for the least intense abutting zoning district.
Modifications in setbacks up to a maximum of 50% of the required setbacks may be approved
pursuant to a Class 11 Special Permit when, liner uses are provided along parking structures serving
government institutional or Major sports facilities.
Permitted Accessory Uses:
Uses and structures which are customarily incidental and subordinate to permitted principal uses and
structures, and in addition:
1. Limited retail uses which are intended to serve the retailing and personal -service needs of the
governmental/institutional use_ Such uses may be allowed_up to ten (10) percent of the gross square
footage of such structures.
In existing structures, professional, school and governmental administrative offices, clinics (other than
veterinary), studios; and medical or pharmaceutical laboratories; only in conjunction with a government
or institutional use directly associated with and furthering these functions; in no case will such uses be
permitted beyond what is a customary accessory use to the principal governmental or institutional use.
Conditional Principal Uses:
Conditional principal uses shall be by Special Permit only and subject to the applicable criteria in
Section 1305, and any other applicable criteria specified in this ordinance. Specifically:
1. Jails, detention facilities, work camps by Special Exception with city commission approval.
2. Public incinerators (except for forensic incinerators), solid waste facilities of any type by Special
Exception with city commission approval.
3. Community based residential facilities only by Special Exception with City Commission approval,
subject to the requirements and limitations and criteria of section 934 and only if associated with a
governmental or institutional use.
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File Nu nber: 08-01058,-1
4. Commercial parking lots or parking garages only by Class 11 Special Permit and only if associated
with a governmental or institutional use.
5. Convenience commercial and service facilities, including restaurants, as principal or accessory
uses only by Class 11 Special Permit, and only where located, oriented and scaled to serve needs within
the district and only if associated with a governmental or institutional use.
6. Facilities privately owned and used for garden, service, civic or private clubs or lodges (not for
profit) only by Special Exception.
7, in connection with public utilities, aboveground lift stations, electrical substations, line -of -sight relay
devices for telephonic, radio or television communication and the like shall be permitted only by Class
11 Special Permit.
8. Local stations for mass transit facilities (other than bus stops) only by Special Exception.
9, Mausoleums, either alone or in conjunction with a cemetery, only by Special Exception with city
commission approval.
10. Major sports facilities, by Major Use Special Permit only.
11. Personal wireless service facilities subject to the criteria specified in section 949.
12. in new structures, by Special Exception only, professional, school and governmental
administrative offices, clinics (other than veterinary); studios; and medical or pharmaceutical
laboratories; only in conjunction with a government or institutional use directly associated with and
furthering these functions; in no case will such uses be permitted beyond what is a customary
accessory use to the principal governmental or institutional use.
Conditional Accessory Uses:
Uses and structures which are customarily incidental and subordinate to conditional principal uses and
structures only by Special Permit subject to the applicable criteria in Section 1305, and any other
applicable criteria specified in this ordinance. Specifically;
1. Forensic incinerators only by Special Exception, subject to all appficable local, state and federal
laws.
2. Helistops only by Special Exception with city commission approval and subject to requirements
and limitations In section 933.
3. Accessory convenience establishments subject to the requirements and limitations of section
906.7, Convenience establishments as accessory to residential or office uses.
4. Accessory thrift shop establishments, which retail secondhand items and which do not exceed ten
(10) percent of the primary use and are operated by religious or nonprofit organizations, only by Class
11 Special Permit,
City of Miami _ Page 3 of 5 Printed On: 101712008
File Number. 08-01058zt
5. 'Drive-through service facilities, including drive-through facilities for financial institutions; shall be
permitted only by Class it Special Permit, subject to the additional reservoir requirements established
in Section 931.2.
6. Temporary special events involving outdoor gatherings at churches, schools and the like, or in
connection with opening ceremonies or special promotions, to the extent not otherwise licensed,
regulated and controlled under other -regulations of the city, shall be permitted only by Class I Special
Permit and subject to conditions established in section 906.9.
7. Aluminum recycling machine, by Class I Special Permit and subject to the requirements and
limitations of section 940.
8. Storm radar system devices as accessory uses to police and fire station uses only, subject to the
criteria specified in section 949.
9. Retail and restaurant developments serving as accessory uses or structures to Major sports
facilities. Notwithstanding the provisions of section 906 retail and restaurants serving as accessory
uses or structures to Major Sports Facilities may exceed ten (10) percenf of the permitted F.A.R.
subject to a Class If Special Permit upon a finding that such increase will not have an overall adverse
effect -on the Major Sports Facilitv and demonstrating compliance with the applicable design review
criteria set forth in section 1305. Said accessory retail and restaurant uses or structures need not be
internal to the Maior Sports Facility and may be visible from the right of way and may open directiv to
such right of way. Accessory use(s) or structure(s) shall have the definition set forth in section 2502.
Offstreet Parking Requirements.-
For
equirements:For residential use: As required in R-4.
For nonresidential uses: One (1) space for each three hundred (300) square feet of proposed gross
floor area except as specified below.
For libraries, art galleries, museums, neighborhood centers, recreational centers, mausoleums: One
(1) space for each four hundred (400) square feet of gross floor area.
Places of worship, in auditoriums, chapels and other rooms for general assembly, excluding
classrooms and other areas not for general assembly: One (1) space for each five (5) fixed seats and
for each fifty (50) square feet of area for movable seats.
For schools, colleges and universities:
Kindergarten through grade nine (9): One (1) space per classroom, plus one (1) space for each
sixteen (16) fixed seats and/or for each one hundred twenty (120) square feet of area for movable
seats, in auditoriums and other assembly rooms.
Grades ten (10) through twelve (12); colleges and universities: One (1) space per classroom, plus one
(1) space for each eight (8) fixed seats and/or for each eighty (80) square feet of area for movable
seats, in auditoriums and other assembly rooms.
For convalescent homes, nursing homes, institutions for the aged or infirm and orphanages: Same as
04of miam! rage 4 of 5 Printed Ott: 101712008
Re Number.• 08-01058zt
required in R-3 district.
For Major sports facilities: One (1) space for each seven (7) fixed seats. Parking reductions of uo to
ten perceny be approved, by Class II Special
Permit, for Ma;or sports facilities located within one (1) We of a Metrorail. People Mover Station or
mass transit facility
Sign Regulations:
See Article 10 for sign regulations and limitations.
Section 3. 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 4. This Ordinance shall become effective thirty (30) days after final reading and
adoption thereof {1},
APPROVED AS TO FORM AND CORRECTNESS,
JULIE O. B
CITY ATTORNEY
Footnotes:
{1) 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.
City of Miami Page 5 of5 Printed 0u: 10.%7/2008
F/e /D # oy-ciy/9zf
SUBSTITUTE ITEM
.Title
AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000,
AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 9, SECTION 916, ENTITLED "INTERIM PARKING", IN ORDER TO
REMOVE THE SUNSET PROVISION OF THIS SECTION, ADD A NEW FORM OF INTERIM
PARKING, PROVIDE FOR NEW CRITERIA AND SPECIAL PERMIT REQUIREMENTS, AND
ALLOW FOR TIME EXTENSIONS WITH REFERALS; CONTAINING A SEVERABILITY
CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
..Fiscal Impact
LOCATION: Citywide
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING ADIVSORY BOARD: Recommended approval to City Commission on December 3,
2008 by a vote of 6-0.
PURPOSE: This will allow for the continuation of interim parking facilities by special permit with
new requirements that will ensure compliance with minimum parking lot standards over a period
of five years.
..Body
WHEREAS, the Miami Planning Advisory Board (PAB) considered this item at its
December 3, 2008 meeting, Item No. P.1 adopting Resolution No. PAB 08-042 by a vote of six
to zero (6-0) recommending APPROVAL to amend Article 9, Section 916 entitled "Interim
Parking" as presented to the City Commission; and
WHEREAS, the City Commission, after careful consideration of this matter deems it
advisable and in the best interest of the general welfare of the City of Miami and its citizens to
amend its Zoning Ordinance as hereinafter set forth;
NOW, THEREFORE, BE 1T 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. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of
Miami, Florida, is amended in the following particulars:{1)
"ARTICLE 9.
GENERAL AND SUPPLEMENTARY REGULATIONS
Section 916. Interim parking.
916. 1. Intent.
It is intended that this section allow for a mechanism which will enable conditionally,
unimproved and partially improved lots in the city to be utilized, for accessory parking purposes
in a temporary fashion or as a component of facilities which require parking on an event by
event basis, without having to pave comply with permanent parking requirements on the
proposed interim lots to accomplish this goal. As specified herein, proposals subject to this
section shall also ensure_ that safety measures are implemented which will safeguard users of
the subject facilities.
916.2. Special permit required for approval.
An interim parking facility Grntenm `parking shall be defined as a surface parking lot for
which paving, drainage and marking of parking spaces as well as other improvements incidental
to permanent parking lots shall not be required.
There shall be two (_) three 3 types of interim parking as follows:
(a) Temporary special event parking, and
(b) Short-term event parking -And
(c) Interim special use parking.
916.2.1. Temporary special event parking. Temporary special event parking on unimproved
interim parking lots, as defined herein,' h,I,mean'Mngknn permitted pursuant to Class I
Special Permit and only in conjunction with an approved special event that requires the
additional parking to be accommodated on said lot(s).
916.2.2. Short-term event parking Short-term event parking fmeans
arkm `' permitted as a conditional use on non -residentially zoned lots, within a civ hundred
(60,) one thousand (1000) foot radius of the major public facility they are intended to serve,
pursuant to a Class II Special Permit subject to the applicable criteria in Section 1305, fer a
durat4on of no mere , and only in conjunction with major public facilities such as
major sports facilities, arenas, exhibition centers, performing arts centers and any other such
major public facility whose scale and operation warrant the use of interim parking facilities on an
event -by -event basis versus daily year-round use.
The intent in permitting these types of inteFim parkiR9 faGilitieS is to obtain full Gode GemplianGe
within a nno..v--. ,-,.-d. Renewals may only be granted by the City Manager upon findings and
recommendations by the Director of the Department of Planning andZeniRg that such renewals
are in the best interest of the City for reasons related to insufficient parking within proximity of a
major facility; lush renewals shall net be extended beyond Besember 31, 20 . At such time
that renewals are granted, the City Manager may include conditions to mitigate safety concerns
that arise as reported by the NET Administrator, Code Enforcement or the Miami Police
Department that pertain to the particular parking facility in question. Parking spaces provided
tfiC type sf as interim parking faG4ity shall not be counted toward meeting required parking for
`Y:ia.B..�4.xi.Q Z .k.,v.: �Si;C '^n.T. ., ir...a_,:1�• it nl...�t�.'v'st�ifi.. ..Ysf..ifi`.�.J..; 1i+iu%41. Iie.?'Ch ,.it:.,,l ....
916.2.3. Interim special use parking.
Interim special use parking jri-ennp`'klg permitted as a conditional use on non -residentially
zoned lots, within a one thousand (1000) foot radius of the special uses they are intended to
serve, pursuant to a Class II Special Permit subject to the applicable criteria in Section 1305,
and only in conjunction with uses such as special entertainment districts, government facilities
or institutional uses whose scale and operation warrant the use of interim parking facilities on a
daily year-round use rather than special event venues.
ai`n_ually by the City Manager upon findings and recommendations by the Director of the
Department of Planning that such renewals are in the best interest of the City for reasons
related to insufficient parking within proximity of the special uses. include
conditions to mitigate safety concerns that arise as reported by the NET Administrator, Code
Enforcement or the Miami Police Department that pertain to the particular parking facility in
question. Parking spaces provided on this type of interim parking facility shall not be counted
toward meeting required parking for any such special use they serve, unless such parking
facility is in full code compliance.
916.3. Considerations and standards.
In order to mitigate any potentially adverse effects that unimproved interim parking lots
may have on adjacent areas, all such facilities intended to be utilized as Short term o
parking, as described in sections 916.2.2. and 916.2.3. above, shall be required to maintain a
park -like appearance to consist of fully sodded lots over an approved stabilized, below grade,
pervious system or any other type of system which provides a honeycomb type stabilized base
underneath the lot and therefore allows for parking on the sod while not impeding drainage.
In lieu of providing a park -like appearance as described above, a parking facility may be
paved upon approval by the city of a sufficient alternate drainage system.
Interim parking
020%
% may also be used for the temporary staging of miscellaneous
equipment and/or vehicles necessary for any of the functions associated with an approved
special event or an activity taking place in a major public facility subject to all' applicable
regulations and special permits listed above. ,
All interim parking and staging activities permissible under this section shall be limited in
duration to a time specified in the special permit obtained. The duration shall run concurrently
with the event or activity requiring said parking or staging, and may be expanded on a limited
basis to allow for preparation, disassembly and activities related to that specific event or activity.
In addition to the considerations and standards listed generally in section 1305 of this
ordinance, Class I and Class II Special Permits for interim parking facilities shall also consider
the following:
(a) Use of traffic monitors to facilitate vehicular flow into and out of such facilities during major
events;
(b) Use of specialized lighting features to ensure safety when such facilities are proposed for
evening use; and
(c) Use of perimeter fencing to assist in the control of access points and security of proposed
lots while not in use.
(d) Surface interim parking lots, which are located within the SD -5, SD -6, SD -7, SD -20 or
designated CRA areas of Southeast Overtown/Park West or Omni, shaU maV also be subject
required to comply with the conditions and criteria set forth in Section 917.3.2. as conditions to
the special permits required herein or as conditions of time extensions granted by the City
Manager.
(e) All such interim parking lots may also be required to comply with any design standards and
guidelines that may be in place for the specified area in which the parking lot is located (i.e.
uniform signage, fencing and attendant kiosk standards).
*II
Section 3. 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 4. This Ordinance shall become effective thirty (30) days after approval at
second reading, 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.{2}
..Footnote
{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.
{2} 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.