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HomeMy WebLinkAboutLegislationFile Number: 10-00519 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, AS AMENDED, TO ADD THE LANDSCAPE ORDINANCE, THE HEAT ISLAND EFFECT (ROOF AND NON -ROOF) ORDINANCES, THE BICYCLE PARKING ORDINANCE, AND THE OPEN AIR GREEN MARKETS ORDINANCE, ADOPTED ON OCTOBER 22, 2009, AND JANUARY 28, 2010, TO THE MIAMI 21 CODE, AS ARTICLE 9; 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 October 22, 2009, and January 28, 2010, the City Commission adopted several legislative items approving certain landscaping and green requirements into Zoning Ordinance No. 11000; and WHEREAS, as a result of Miami 21, the new zoning ordinance to be implemented on May 20, 2010, these items must be carried over from Zoning Ordinance No. 11000 into the Miami 21 Code; and WHEREAS, this item will carry over previously adopted legislation relating to green initiatives into Miami 21, i.e., Landscape ordinance, Heat Island Effect (Roof and Non -roof) ordinances, Bicycle Parking ordinance, and the Open Air Green Markets Ordinance; and WHEREAS, the City Commission had understood that these green ordinances were to be absorbed by Miami 21 when they were adopted on October 22, 2009, and January 28, 2010; 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 Miami 21 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. The following ordinances adopted by the City Commission on October 22, 2009, City of Miami Page 1 of 3 File Id. 10-00519 (Version: 1) Printed On: 4/15/2010 City of Miami City Hall 3500 Pan American -''-� Drive UAlk t Legislation Miami, FL 33133 www.miamigov.com Ordinance File Number: 10-00519 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, AS AMENDED, TO ADD THE LANDSCAPE ORDINANCE, THE HEAT ISLAND EFFECT (ROOF AND NON -ROOF) ORDINANCES, THE BICYCLE PARKING ORDINANCE, AND THE OPEN AIR GREEN MARKETS ORDINANCE, ADOPTED ON OCTOBER 22, 2009, AND JANUARY 28, 2010, TO THE MIAMI 21 CODE, AS ARTICLE 9; 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 October 22, 2009, and January 28, 2010, the City Commission adopted several legislative items approving certain landscaping and green requirements into Zoning Ordinance No. 11000; and WHEREAS, as a result of Miami 21, the new zoning ordinance to be implemented on May 20, 2010, these items must be carried over from Zoning Ordinance No. 11000 into the Miami 21 Code; and WHEREAS, this item will carry over previously adopted legislation relating to green initiatives into Miami 21, i.e., Landscape ordinance, Heat Island Effect (Roof and Non -roof) ordinances, Bicycle Parking ordinance, and the Open Air Green Markets Ordinance; and WHEREAS, the City Commission had understood that these green ordinances were to be absorbed by Miami 21 when they were adopted on October 22, 2009, and January 28, 2010; 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 Miami 21 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. The following ordinances adopted by the City Commission on October 22, 2009, City of Miami Page 1 of 3 File Id. 10-00519 (Version: 1) Printed On: 4/15/2010 File Number: 10-00519 and January 28, 2010, will be incorporated in Miami 21 as Article 9, and renumbered as appropriate within that article for the transects in which they are applicable: Section 952: "Heat Island Effect - Non -Roof" Ordinance No.: 13120 Legislative File No.: 09-00954zt Adoption date: October 22, 2009 Section 951: Heat Island Effect - Roof Ordinance No.: 13119 Legislative File No.: 09-00953zt Adoption date: October 22, 2009 Section 921: "Bicycle Parking" Ordinance No.: 13117 Legislative File No.: 09-00927zt Adoption date: October 22, 2009 Article 8.2: "Landscape Ordinance" Ordinance No.: 13118 Legislative File No.: 09-00949zt Adoption date: October 22, 2009 Sections 602.3 and 602.5 : Open Air Green Markets in SD -2 Ordinance No.: 13132 Legislative File No.: 09-00753zt Adoption date: January 28, 2010 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 shall be implemented May 20, 2010. {2} APPROVED AS TO FORM AND CORRECTNESS: JULIE O. BRU CITY ATTORNEY City of Miami Page 2 of 3 File Id. 10-00519 (Version: 1) Printed On: 4/15/2010 File Number: 10-00519 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 Miami Page 3 of 3 File Id. 10-00519 (Version: 1) Printed On: 4/15/2010