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HomeMy WebLinkAboutO-12324it J-02-995 12/11/02 12324 ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY CREATING NEW SECTION, 626, ENTITLED: "SD -26 COCONUT GROVE MARKET OVERLAY DISTRICT," TO PERMIT OUTDOOR SALES OF FRESH FRUITS AND VEGETABLES WITHIN CERTAIN AREAS AND UNDER CERTAIN CIRCUMSTANCES; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the outdoor "Farmers Markets" which sell fresh fruits and vegetables are popular points of destination in Miami - Dade County, Florida; and WHEREAS, these markets increase pedestrian traffic in the areas they are located; and WHEREAS, such use adds a lively aspect to a streetscape which can lead to more commercial activities and economic development within such geographical area; and WHEREAS, the Miami Planning Advisory Board, at its meeting of November 6, 2002, Item No. 10, following an advertised hearing, adopted Resolution No. PAB 81-02 by a vote of eight to zero (8-0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth; and 12324 J# 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 adopted by reference and incorporated 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 amended by amending the text of said Ordinance as follows:'/ "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 626 SD -26 Coconut Grove Market Overlav District. Sec. 626.1. Intent. It is the intent of these special district regulations to permit the outdoor sale of fresh fruits and vegetables and prepared raw foods within certain areas of Coconut Grove to encourage pedestrian traffic and economic development within these areas. Sec. 626.2. Effect of SD -26 district designation. The effects of these SD -26 regulations shall be to modify regulations within portions of the O and SD -2 zoning districts along Grand Avenue within the area bounded by Margaret Street to the east and Brooker Street to the west. 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. Page 2 of 4 12324 ri 626.2.1. Permitted Uses. As for the underlying district, except for the following additional use: 1. Outdoor markets specializing in the sale of fresh fruits and vegetables are permitted within this district, subject to a Class II Special Permit with a mandatory referral to the district NET Administrator only, and further subject to the following limitations: a. Any outdoor market must be located on a parcel of no less than 15,000 square feet of I r-, t- :MYoa b. An outdoor market shall be limited to no more than 65% of the area of the subject parcel in display area. C. An outdoor market may not include any permanent structures. All display tables and other such material must be removed at the end of the permitted time of operation. d. The outdoor market display area shall be located along the Grand Avenue frontage and be set back no less than 25 feet from any abutting residentially zoned property. e. Outdoor markets may operate only on Saturdays between the hours of 8:00 a.m. and 8:00 p.m. f. No outdoor market may be located closer than 1,500 feet from another outdoor market. g. Only fresh fruits and vegetables, prepared raw foods and drinks derived from fresh fruits and vegetables may be sold at an outdoor market within this district. Section 3. All ordinances or parts of ordinances insofar J as -they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Page 3 of 4 12324 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 thereofY PASSED ON FIRST READING BY TITLE ONLY this 12th day of December 2002. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 23rd day of January 2003. ATTEST: If ® 0._^$ _ • R SCILLA A. TH074pso. CITY CLERK APPROVED ASeq,WRM CORRECTNESS: Goj RO VILARE ATTORNEY W1362:GKW:et:BSS z/ 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. Page 4 of 4 12324 ITEM PZ 10 SECOND READING PLANNING FACT SHEET APPLICANT Planning and Zoning Department HEARING DATE November 6, 2002 REQUEST/LOCATION Consideration of amending Article 6, Section 626 of Zoning Ordinance 11000. LEGAL DESCRIPTION Complete legal description on file with Hearing Boards. PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, by amending Article 6, Special Districts, in order to create a new SD -26 entitled "SD -26 Coconut Grove Market Overlay District" to permit outdoor sales of fresh fruits and vegetables within certain portions of Coconut Grove subject to specific limitations. PLANNING RECOMMENDATION Recommended approval. BACKGROUND AND ANALYSIS The proposed amendment is in order to create a new special overlay district, which would allow for outdoor market sales of fresh fruits and vegetables along Grand Avenue in Coconut Grove from Margaret Street to Brooker Street. The use will be beneficial to the area in providing an active pedestrian friendly use for Grand Avenue. This ordinance has certain limitations on such use and requires a Class II Special Permit in order to ensure appropriate safeguards are put in place for implementing such use. PLANNING ADVISORY BOARD Recommended approval to VOTE: 8-0 City Commission. CITY COMMISSION Passed First Reading on December 12, 2002. APPLICATION NUMBER 02-0078 Item #10 CITY OF MIAMI - PLANNING AND ZONING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 1/13/2003 Page 1 12324 .. _ 27 f• � i p f2 ° • M f0 Y b, i 2+ . rteIL� �.L.L.i�'dl ss .taus ate 9 . fe .77� Y �aot7 ro. ; .L SKIN i E R.�'�'�� ]. .2FRI ��iw • • _ a a ' AVE. V a• sa s° Q m se 22 L! . 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'. :.-• d..o� . � , � `r "� �" y, s.� � F ,� $ y, `* u ,y;..-. a ,. !ice � - *,> _ t. : �. �, � , a.>� •.� '� ,. � , � � � + s .. � � y S +1 >: , • 3.kr „� � ��� ' iF � �i H 44 !1•s i� y .Ant ; � , , `yi>„ * y at ,�.%t�' �. ,k •'� h �T ;7i?!':� .�F t A � 7 _ tAj' ix 2 R V1 Aft, 'ac,, i T•'Y,�r. ;, A. 3 VA At�'�•..- 'rS,� > y"+ t ,,,,�„ a .max �n `> } k ,-�. 3: .!�''V4 RESOLUTION PAB -81-02 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SPECIAL DISTRICTS, IN ORDER TO CREATE A NEW SD -26 ENTITLED "SD -26 COCONUT GROVE MARKET DISTRICT", IN ORDER TO PERMIT OUTDOOR SALES OF FRESH FRUITS AND VEGETABLES WITHIN CERTAIN PORTIONS OF COCONUT GROVE SUBJECT TO SPECIFIC LIMITATIONS. HEARING DATE: November 6, 2002 ITEM NO.: 10 VOTE: 8-0 ATTES: n Gelabert-Sanchez, Dir r Planning and Zoning Department 12324