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HomeMy WebLinkAboutLegislationCity of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, FL 33133 www.ci.miami.fl.us File Number: 05-41093 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 616 SOUTHEAST OVERTOWN PARK -WEST COMMERCIAL -RESIDENTIAL DISTRICTS OF THE ZONING ORDINANCE, IN ORDER TO MODIFY THE REGULATIONS RELATED TO GROUND FLOOR RETAIL USES IN THE SD-16 DISTRICTS IN ORDER TO EXEMPT GROUND FLOOR RETAIL USES FROM FLOOR AREA RATIO (FAR) REQUIREMENTS BY SPECIAL PERMIT; PROVIDING FOR CRITERIA, PROVIDING FOR AN APPLICATION AND APPROVAL PROCESS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of September 21, 2005, Item No. 7, following an advertised hearing, adopted Resolution No. PAB 100-05 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 best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 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: {1} "ARTICLE 6. Special Districts. Sec. 616. SD-16, 16.1, 16.2 Southeast Overtown-Park West Commercial -Residential Districts. * Sec. 616.7. Floor area limitations. Floor area limitations for SD-16, 16.1, 16.2 shall be as follows, subject to the limitations and requirements of sections 903.1 and 903.2. City of Miami Page 1 of 2 Printed On: 10/13/2005 Fife Number 05-01093 616.7.1. SD-16 and SD-16.1 floor area limitations. 1. The floor area for all uses shall not exceed four and thirty -two -hundredths (4.32) times the gross lot area. 2. The floor area for all residential uses shall not exceed four and thirty -two -hundredths (4.32) times the gross lot area. 616.7.2. Reserved. 616.7.3. SD-16.2 floor area limitations. 1. The floor area for all uses shall not exceed four (4.0) times the gross lot area for any combinations of permissible residential and/or nonresidential uses. 616.7.3. Exceptions to floor area limitations. It is the intent of these special districts to encourage the provision of ground floor retail uses to promote pedestrian activity. Therefore, ground floor retail uses, with direct access to the sidewalk and street frontages, shall not be counted against the total allowable floor area limitations as specified above for the SD-16, SD-16.1 and SD-16.2 districts. * *11 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. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. {2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY 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 2 of 2 Printed On: 10/3/2005