HomeMy WebLinkAboutItem #4-M21-Height Amend. Opt.BPLANNING FACT SHEET
LEGISTAR FILE ID: 10-00291zt-b March 17, 2010 Item # P.4
APPLICANT Carlos A. Migoya,
City Manager on behalf of the City of Miami
REQUEST/LOCATION Citywide
LEGAL DESCRIPTION See supporting documentation
A Resolution of the Miami Planning Advisory Board
PETITION recommending approval or denial of an Ordinance of the
Miami City Commission amending Ordinance no. 13114,
the Miami 21 code, the zoning ordinance of the City of
Miami, Florida, by amending Article III, Section 3.5, entitled
"Measurement of Height" to modify story heights
maximums; containing a severability clause; and providing
for an effective date.
BACKGROUND AND ANALYSIS The purpose of this amendment is to allow additional floor
to floor height within certain areas of the Urban Central
Business District and high density mixed use transect
zones. The additional floor to floor height will not allow an
increase in overall height as established in the code.
PLANNING ADVISORY BOARD
CITY COMMISSION
VOTE:
..................................................................................................................................................................................................................................................................................................................................
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1400
Date Printed: 3/5/2010 Page 1
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Legislation
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PAB Resolution
File Number: 10-00291zt-b
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date:
A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD
RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE MIAMI
CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE MIAMI 21 CODE,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING
ARTICLE III, SECTION 3.5 ENTITLED "MEASUREMENT OF HEIGHT' TO MODIFY
STORY HEIGHTS MAXIMUMS, CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, On October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"),
Ord. 13114; and
WHEREAS, On January 28, 2010, the City Commission extended the implementation date to
May 20, 2010, Ord. 13138; and
WHEREAS, amendments are being made prior to its implementation date to address certain
property uses; and
WHEREAS, the Miami 21 Code regulates floor to floor height of buildings and specific uses
allowed within each particular zoning designation; 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 the Miami
21 Code, the Miami Zoning Ordinance 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 adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance 13114, the Zoning Ordinance of the City of Miami, Florida, is hereby
amended by making modifications to Article III and Article IV in the following particulars {2}:
ARTICLE III General to Zones
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File Number: 10-00291zt-b
3.5 MEASUREMENT OF HEIGHT
3.5.2 A Story is a Habitable level within a Building of a maximum fourteen (14) feet in
Height from finished floor to finished floor. Basements are not considered Stories for
the purposes of determining Building Height. A ground level retail Story may exceed
this limit up to a total height of twenty-five (25) feet. A single floor level exceeding
fourteen (14) feet, or twenty-five (25) feet at ground level retail, shall be counted as
two (2) Stories; except for T6-36, T6-48, T6-60 and T6-80, where a single floor level
exceeding fourteen (14) feet may count as one (1) story if the building height does
not exceed the maximum height, including all applicable bonuses, allowed by the
transect at fourteen (14) feet per floor. Where the first two stories are retail, their
total combined Height shall not exceed thirty-nine (39) feet and the first floor shall be
a minimum of fourteen (14) feet in Height. Mezzanines may not exceed thirty-three
percent (33%) of the Habitable Space Floor Area. Mezzanines extending beyond
thirty-three percent (33%) of the Floor Area shall be counted as an additional floor.
The Height of a Parking Structure concealed by a Liner may be equal to the Height
of the Liner; this may result in a Liner Story concealing more than one level of
Parking.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
with the provisions of this Ordinance are hereby 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. It is the intention of the City Commission that the provisions of this Ordinance shall
become and be made a part of the Miami 21 Code of the City of Miami, Florida, which provisions may
be renumbered or reentered and that the word 'ordinance" may be changed to "section", "article", or
other appropriate word to accomplish such intention.
Section 6. These amendments to the Miami 21 Code shall be implemented no earlier than May
20, 2010. {2}
Footnotes:
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File Number: 10-00291zt-b
{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.
City of Miami Page 3 of 3 File Id: 10-00291zt-b (version: 1) Printed On: 31512010