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Home My WebLink AboutO-12164J-00-1029 3/1/01 1 4 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 613, SD -13 SOUTHWEST 27th AVENUE GATEWAY DISTRICT, TO ALLOW FLOWER CART VENDING IN DESIGNATED OPEN AREAS SUBJECT TO ISSUANCE OF A CLASS II SPECIAL PERMIT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of February 21, 2001, following an advertised hearing regarding Item No. 3, adopted Resolution No. PAB 21-01 by a vote of six to zero (6-0), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as amended, the Zoning Ordinance of the City of Miami (the "Zoning Ordinance") 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 the 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 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 ZONING DISTRICTS Sec. 613. SD -13 S.W. 27th Avenue Gateway District. 613.4. Permitted p Principal uses and structures. 613.4.1. Permitted principal uses permitted on ground floor and second level frontage on pedestrian streets. 613.4.2. Conditional Principle Uses. 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 12164 1. Sales of fresh flowers from mobile vendi carts placed in designated open areas by Class II Snecial Permit onlv and subject to compliance with Coconut Grove right-of-way vending cart guides and standards. 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or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed.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/ 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 3 of 4 12161 4 PASSED ON FIRST READING BY TITLE ONLY this 24th day of May , 2001. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this _15th day of November , 2001. JOE CAROLLO MAYOR �n '.Rcc-!?r(�,^�nce 4A!!t, V'avnj !7-` I 1.n ^r�^ P -T', r1 ;pn� ahe K^zyor did not ind-1 p,"2 BCprowm of "...i� i1J� regarding same, without btY �vtay'a;r qt - ci-' , a it ATTEST: WALTER J. FOEMAN CITY CLE&P7 AS TO FORM CTNESS: O VIL. VTYA770RNEY tA W991: .ldp Page 4 of 4� PZ -17 Second Reading PLANNING FACT SHEET APPLICANT City of Miami Planning and Zoning Department. HEARING DATE February 21, 2001. REQUEST/LOCATION Amendments to Article 6, Section 613 of Zoning Ordinance 11000. LEGAL DESCRIPTION N/A PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida by amending Article 6, Section 613 in order to allow flower carts as a conditional use in SD -13 S.W. 27th Avenue Gateway Districts. PLANNING RECOMMENDATION Approval. BACKGROUND.AND ANALYSIS PLANNING ADVISORY BOARD Approval VOTE: 6-0 CITY COMMISSION Passed First Reading on October 25, 2001. APPLICATION NUMBER 00-071 Item #3 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 2/14/2001 Page 1 12164 ANALYSIS FOR AMENDMENT TO ALLOW FLOWER CARTS IN SD - 13 S.W. 27' Avenue Gateway CASE NO. 00-071 The proposed amendment to Article 6, Section 613 of Zoning Ordinance 11000, as amended, is for the purpose of clarifying that sales of fresh flowers from mobile vending carts within designated open areas is permitted in this district. In 1998, an amendment to allow such sales was adopted in C-1 Restricted Commercial districts; the amendment required that such uses be permitted only by Class II Special Permit. The requested amendment would specifically allow Flower Carts on private property in the SD -13 district (not already covered elsewhere in the Zoning Ordinance) by Class II Special Permit. The purpose of the Class II Special Permit will be to ensure that the cart design and placement are appropriate given existing conditions on specific properties. The Department of Planning and Zoning recommends approval of the proposed amendment finding that if executed well, open air sales of flowers from vending carts is an innovative and appropriate way to animate certain commercial corridors. This type of outdoor vending is currently permitted within certain Special Districts within the City by Special Permit. -1.21.64 COCONUT GROVE VENDING GUIDES AND STANDARDS Intent. A. The Coconut Grove Village Center streets are of substantial public interest because of their pedestrian scale, architectural character and their unique landscape features. It is the intent of these standards and guidelines that the use of the open or partially open space for sales display and service activities respect and strengthen the aforementioned attributes, preserving property values and enhancing the Village Center's desirability as a place to visit, live and work. This regulation shall apply to primary pedestrian pathways within the SD -2 district, to protect these highly visible corridors against inappropriate size, discordant or incongruent design, disturbance of landscape features, and to encourage use of the open spaces and to preserve the district's unique physical layout, cultural traditions and historic character. All sales, display and service activities of uses permitted in the SD -2 district shall be contained within completely enclosed buildings, except that, in open space, or partially open space, there may be outdoor dining areas; exhibits and sale of arts and crafts, flowers, plants and shrubs, involving display and sale; and vegetables, produce, citrus or other unpackaged foods involving sale and display, subject to applicable state health regulations and consistent with this intent provision. The following guides and standards, in addition to those enumerated in Section 602.4 of the Zoning Ordinance, as amended, shall apply concerning extent and location of vending carts on primary pedestrian pathways. B. All exhibits, displays and sales of items from vending carts shall be subject to the following limitations: All such carts shall be located completely within private property, or, on undedicated right-of-way with an approved agreement specifying terms of removal upon required dedication; 2. prior to the approval of any vending cart, a master site plan shall be submitted for review and approval; said master plan shall specify the locations and approximate footprints of all future carts; 12164 3. there shall be no more than 1 (one) cart per each thirty-five (35) linear feet of street frontage except that, within courtyards, there may be more upon compliance with the distance separation requirements specified below; 4. all such carts shall conform with the following distance limitations unless an alternate proposal is justified due to existing established pedestrian patterns or other special site conditions: a) all carts, whether located within completely enclosed plazas or courtyards, or within linear building frontage setbacks, shall be separated from each other by a minimum of ten (10) feet and from any adjacent permanent structures by a minimum of five (5) feet; (i.e. there shall be a minimum five (5) foot clear radius surrounding all such carts); b) all carts located within linear building frontage setbacks shall be setback from any adjacent public right-of-way by a minimum of fifteen (15) feet. 5. total signage shall be limited to eight (8) square feet in area, however no individual sign may exceed 4 square feet in area and there shall be no more than 2 signs per cart; 6. lighting shall be limited to task lighting as necessary for the conduct of business; 7. all vending carts shall be limited to a maximum size of forty (40) square feet in area and shall not exceed a maximum height of ten (10) feet; 8. all vending carts shall be securely anchored during business hours, however, they must have wheels in order to enable them to be removed within 24 hours in case of an emergency. RESOLUTION PAB -21-01 A RESOLUTION RECOMNIENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 613, IN ORDER TO ALLOW FLOWER CARTS AS A CONDITIONAL ACCESSORY USE IN THE SD -13 S.W. 27"H AVENUE GATEWAY DISTRICT. HEARING DATE: February 21, 2001 ITEM NO.: 3 VOTE: 6-0 ATTEST: �-k A A h Ana elfibert' chez, irector Planning and Zoning Department 12164 dNN.lio-IMMA�IQr.+ -Y ' - �.- .5 •Ml wm • � s t"�� _� M.�.., - -gyp f � 7�'��a► - ted ;Ain iL.,r-�� i �a =:, amen sem- cru dict' .��m ��ISB� W�-011 _.� -■- _a acs