The URL can be used to link to this page

Home My WebLink AboutCC 05-13-10 Legislation (Version 2)File Number: 10-00374zt Final Action Date: 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 MEASUREMENT OF STORIES AND MEZZANINES IN D1 - WORKPLACE DISTRICT ZONE, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ordinance No. 13114; and WHEREAS, on January 28, 2010, the City Commission extended the implementation date to May 20, 2010, Ordinance No. 13138; and WHEREAS, amendments are being made prior to its implementation date; and WHEREAS, the Miami 21 Code regulates floor to floor height of buildings and mezzanine size; and WHEREAS, the Miami Planning Advisory Board; at its meeting on April 7, 2010, Item No. P.5, following an advertised public hearing, adopted Resolution No. PAB-10-013 by a vote of seven to zero (7-0), recommending APPROVAL of an amendment to Ordinance No. 13114, as amended 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 in the following particulars {2}: "ARTICLE III. GENERAL TO ZONES 3.5 MEASUREMENT OF HEIGHT City of Miami Page I of 3 File Id: 10-003744 (Version: 2) Printed On: 51312010 City ®f Miami City Hall 3500 Pan American *iuc'tt`=$Ix°d Drive Legislation Miami, FL 33133 www.miamigov.com x Ordinance File Number: 10-00374zt Final Action Date: 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 MEASUREMENT OF STORIES AND MEZZANINES IN D1 - WORKPLACE DISTRICT ZONE, CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE OF MAY 20, 2010. WHEREAS, on October 22, 2009, the City Commission adopted the Miami 21 Code ("Code"), Ordinance No. 13114; and WHEREAS, on January 28, 2010, the City Commission extended the implementation date to May 20, 2010, Ordinance No. 13138; and WHEREAS, amendments are being made prior to its implementation date; and WHEREAS, the Miami 21 Code regulates floor to floor height of buildings and mezzanine size; and WHEREAS, the Miami Planning Advisory Board; at its meeting on April 7, 2010, Item No. P.5, following an advertised public hearing, adopted Resolution No. PAB-10-013 by a vote of seven to zero (7-0), recommending APPROVAL of an amendment to Ordinance No. 13114, as amended 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 in the following particulars {2}: "ARTICLE III. GENERAL TO ZONES 3.5 MEASUREMENT OF HEIGHT City of Miami Page I of 3 File Id: 10-003744 (Version: 2) Printed On: 51312010 File Number., 10-00374zt 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, a446 T6-80, and D1, 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, except for D1, where mezzanines many not exceed fifty percent (50%) of the Habitable Space Floor Area. Mezzanines extending beyond thirty-three percent (33%) of the Floor Area, or fifty percent (50%) of the Floor Area in D1, 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. 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. 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 5. These amendments to the Miami 21 Code shall be implemented no earlier than May 20, 2010. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRUr�A' CITY ATTORNEY City of Miami Page 2 of 3 File Irl: 10-00374zi (Version: 2) Printed On: 5/3/2010 File Number: 90-00374zt Footnotes: {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 Mian! Page 3 of 3 File Id. 10-00374zt (Version: 2) Printed On: 5/3/2010