Miami-Dade Legislative Item
File Number: 121285
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File Number: 121285 File Type: Ordinance Status: In Committee
Version: 0 Reference: Control: Infrastructure and Land Use Committee
File Name: ORDINANCE AMENDING CHAPTER 33 ZONING CODE Introduced: 6/21/2012
Requester: Regulatory and Economic Resources Cost: Final Action:
Agenda Date: 7/3/2012 Agenda Item Number: 4E
Notes: NOTE TO CAO: ITEM FILED IN BCC FILE FOR 7-3-12 Title: ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING THE DEFINITION FOR BUILDING STORY; RESTRICTING UPPER FLOOR; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ORDINANCE AMENDING
Sponsors: Audrey M. Edmonson, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Infrastructure and Land Use Committee 9/12/2012 1F5 Deferred P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Vice Chairwoman Jordan opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Vice Chairwoman Jordan expressed concern that the item would change the required height for buildings’ stories. Mr. Eric Silva, Assistant Director, Development Services Division, Regulatory and Economic Resources (RER), explained that while this item changed the definition section of the Zoning Code, it would not change the 35-feet height requirement for buildings’ stories. He confirmed that this would be the requirement for single family homes, as well. Commissioner Sosa noted even if the height remained the same, this item would prohibit owners from adding a third story to their homes. She expressed concern that this item would have a chilling effect on investments and development in some parts of the County, especially in unincorporated areas within Miami-Dade County. Responding to Commissioner Sosa’s question regarding the intent of this item, Mr. Silva explained that while one section of the code prohibited homeowners from building an extra story, another section allowed it, which was inconsistent. He said that this item applied to unincorporated areas only. Commissioner Sosa expressed concern that this requirement would not apply countywide, as it created a division within the County; consequently, she could not support this. Vice Chairwoman Jordan noted she concurred with Commissioner Sosa that this item would eliminate homeowners’ ability to build a third story on their home. Chairwoman Edmonson asked Mr. Silva whether he wanted to amend or defer the item. Mr. Silva clarified that the cities set their own requirements for heights. He noted he agreed with the proposal to defer the item. Hearing no further questions or comments, the Committee proceeded to vote on the motion to defer the foregoing proposed ordinance.

Board of County Commissioners 7/3/2012 Tentatively scheduled for a public hearing Infrastructure and Land Use Committee 9/12/2012

Board of County Commissioners 7/3/2012 4E Adopted on first reading 9/12/2012 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Infrastructure and Land Use Committee on Wednesday, September 12, 2012, at 2:00 p.m.

County Mayor 6/25/2012 Assigned County Attorney 7/3/2012
REPORT: RER (Revised) - public hearing - Comm. Edmonson Sponsor

County Attorney 6/25/2012 Assigned County Mayor 6/25/2012
REPORT: returned

County Attorney 6/21/2012 Assigned Abbie N. Schwaderer 6/25/2012
REPORT: returned

County Mayor 6/21/2012 Assigned County Attorney 7/3/2012
REPORT: RER (public hearing) - Comm. Edmonson Sponsor

County Mayor 6/21/2012 Assigned Jack Osterholt 6/21/2012

Legislative Text


TITLE
ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AMENDING THE DEFINITION FOR BUILDING STORY; RESTRICTING UPPER FLOOR; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Article IV, Section 33-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-1. - Definitions.

For the purpose of this chapter, the following definitions for terms used herein shall apply to all sections of this chapter unless the context clearly indicates otherwise:

* * *
(99): Story:
* * *
(c) In any >>multi-family<< residential building in which the area of the upper floor does not exceed >>fifty (50) percent<<[[two-thirds]] of the area of the floor immediately below it, such upper floor shall not be considered a story.

* * *
Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners

From: Carlos A. Gimenez
Mayor

Subject: Ordinance amending Chapter 33 (Zoning Code) pertaining to the definition of a building story

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board adopt the proposed ordinance amending Chapter 33 of the Code of Miami-Dade County pertaining to the definition of a building story.

Scope
The proposed ordinance impacts unincorporated Miami-Dade County.

Fiscal Impact/Funding Source
There is no fiscal impact to Miami-Dade County.

Track Record/Monitor
The Regulatory and Economic Resources Department will monitor the implementation of the regulations.

MANAGER'S BACKGROUND
Background
On February 7, 2012, the Board of County Commissioners (BCC) directed the administration to prepare a report outlining the current zoning requirements for single-family development. This request was made in response to a citizen presentation to the BCC regarding the development of a single-family home that the presenter considered to be incompatible with surrounding residences. The report (attached) outlines the current regulations for the RU-1 (Single-Family Residential) Zoning District and provides a recommendation for an amendment to the Zoning Code.

Although the zoning regulations limit single-family residential structures to two stories, there is an exemption within the definition of a “story” that provides the potential for a third floor. The current definition would allow for a third floor provided it complies with the 35’ building height limit and does not exceed two-thirds of the area of the floor immediately below. The proposed ordinance would limit the aforementioned exemption to multi-family residential structures, thereby excluding single-family residences.



_______________________________
Jack Osterholt
Deputy Mayor



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