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HomeMy WebLinkAboutO-11921J-00-229 3/2/00 9 1 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 606.4, SD -6 CENTRAL'COMMERCIAL RESIDENTIAL DISTRICT, TO REMOVE THE LIMITATION ON THE SIZE OF GROCERY STORES AS PRINCIPAL USES WITHIN THE SD -6 CENTRAL COMMERCIAL RESIDENTIAL DISTRICT; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of February 16, 2000, Item No. 4, following an advertised hearing, adopted Resolution No. PAB 10-00 by a vote of six to zero (6-0), 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 1192.1 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:" "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 606. SD -6," SD -6.1 Central Commercial Residential Districts. 606.4. Principal uses and structures. 606.4.1. Principal uses permitted at any location; limitations as to location of, uses along ground floor frontage of pedestrian streets and urban plazas. The following uses shall be permitted at any location within these districts: 1. Retail establishments as follows: Antique stores, art stores and commercial art galleries; book and stationery stores open to the general public; card and gift shops; china and crockery stores; drugstores; floor covering, paint and wallpaper stores; florist, including plant and shrub sales; food stores, including bakeries, confectioneries, delicatessens, fruit and vegetable markets, groceries (14:R44te�4 to—tWG t isa (2000) square feet pe -r est lglishment); ice cream stores; general merchandise and furniture stores; gift shops; hardware stores; jewelry stores; leather goods and luggage shops; meat and fish markets; newsstands; nursery, shrub and plant stores; office supply i 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 0 stores; package liquor stores (without drive-through facilities); pet and pet supply stores;. photographic supply stores; sporting good and bicycles; television and radio stores; variety and sundry stores; wearing apparel shops; and similar retail establishments if approved by Class II Special Permit. Retail establishments may provide incidental repair, maintenance, alteration, or adjustment services as appropriate, but facilities, operation and storage for such services shall not be visible from any street or pedestrian walkway. 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.21 PASSED ON FIRST READING BY TITLE ONLY this 23rd March r 2000. day of 21 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. ... 1192 Page 3 of 4 1 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 27th day of April 2000. JOE CAROLLO, MAYOR lln accordance with Miami Code Sec. 2-36, since the Mayor did not ind'cate apprvtri 11 this legislation by signing it in the designated place prov'ded, sai+4 rFD:a becomes effective with the elapse of to (10) da40.1,--) om the date of Comm ragarding same, without the Mayor, erc'�ing a ;� ATTEST: WALTER J. FOEMAN CITY CLERK APPROV A /TO RM CORRECTNESS.t, �DVILARELLO T ATTORNEY W849. M.eij Page 4 of 4 City Clerk PLANNING FACT SHEET PZ -10 SECOND READING APPLICANT City of Miami Planning and Zoning Department. HEARING DATE February 16, 2000. REQUEST/LOCATION Amendments to Article 6 Section 606 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 606.4, to remove the limitation on grocery store uses within the SD -6 Zoning District. PLANNING RECOMMENDATION Approval. BACKGROUND AND Please see attached analysis. ANALYSIS PLANNING ADVISORY BOARD Approval VOTE: 6-0 CITY COMMISSION 'Passed First Reading on March 23, 2000. APPLICATION NUMBER 00-006 Item #4 CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 31 FLOOR • MIAMI, FLORIDA, 33130 - PHONE (305) 416-1400 Date: 02/10/2000 11 q. I, Nqel 0 ANALYSIS FOR AMENDMENT TO ARTICLE 6 OF THE ZONING ORDINANCE APPLICATION: No. 00-006 The proposed amendment to the Zoning Ordinance is being requested in order to remove the 2,000 square footage limitation for grocery stores in the SD -6 District. The SD -6 District currently allows for such uses as food stores, including bakeries, confectioneries, delicatessens, fruit and vegetable markets, meat and fish markets, with no limitation on size. The 2,000 square foot limitation on grocery stores seems to contradict the rest of the ordinance with respect to food establishments and thereby places grocery stores at an unfair disadvantage. The SD -6 area is also beginning to grow with new residential uses and a larger grocery store is .a use which will be necessary to serve the new residents. The proposed language to Article 6, Section 606.4 will be as follows: Sec. 606. Central Commercial Residential District 606.4. Principal uses and structures. 606.4.1. Principal uses permitted at any location; limitations of uses along ground floor frontage of pedestrian streets and urban plazas. The following uses shall be permitted at any location within these districts: 1. Retail establishments as follows: Antique stores, art stores and commercial art galleries; book and stationery stores open to the general public; floor covering, paint and wallpaper stores; florist, including plant and shrub sales; food stores, including bakeries, confectioneries, delicatessens, fruit and vegetable markets, groceries (limited to Me thausw;d (2900) square feet per establish ; ice cream stores; general merchandise and furniture stores; gift shops; hardware stores; jewelry stores; leather goods and luggage shops; meat and fish markets; newsstands; nursery, shrub and plant stores; office supply stores; package liquor stores (without drive-through facilities); pet and pet supply stores; photographic supply stores; sporting goods and bicycles; television and radio stores; variety and -- 11921 sundry stores; wearing apparel shops; and similar retail establishments if approved by Class II Special Permit. Retail establishments may provide incidental repair, maintenance, alteration, or adjustment services as appropriate, but facilities, operation and storage for such services shall not be visible from any street or pedestrian walkway. The Planning Department is. � recommending approval of the proposed amendment finding that it will allow for new grocery stores without an unfair disadvantage within the SD -6 District to serve downtown residents. RESOLUTION PAB -10-00 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 606.4, IN ORDER TO REMOVE LIMITATION ON THE SIZE OF GROCERY STORES AS PRINCIPAL USES WITHIN THE SD -6 "CENTRAL COMMERCIAL -RESIDENTIAL DISTRICT". HEARING DATE: February 16, 2000 ITEM NO. 4 VOTE: 6-0 ATTEST.; Ana Gelabert-Sanchez, DircYor Planning and Zoning Department 11921. y MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review flkla Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11921 in the ............ XXXXX ........ Court, ....................... wg polished in id t�6wspaper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further 5ays that she h ither paid nor promised any person, rZdfrq�purpose on an discount, rebate, com- mission or efusecuring this advertise- ment for ubliid ngkspaper. 01 ' ......... .;;W!C....... Tilandsub ribed etr2-000 . .D........ .............�,irr.:.rxr (SEAL)O�pR I"{j `' WFICIAL NOTARY AL JANETT LLERENA Octelma V. Ferbeyr• r k+n t69W890N NUMBER CC566004 MY COMMIS810N EXPIRES SOF FLOC JUNE 23,2000 • CITY 01 1 IAMI .FLORIDA NOTICE OF PROPOSED ORDINANCES I All interestedpersons will take notice that on the 27th of April, 2000, the City Commission of Miami, Florida adopted'the following titled• ordinanc- es: 3 ORDINANCE NO. 11918 AN. EMERGENCY .ORDINANCE OF THE MIAMI CITY COM I MISSION AMENDING SECTION"• 6 OF ORDINANCE, NO; 11705,.AS AMENDED;•AND ORDINANCE'NO. 1.1839, TO RE- f VISE A PREVIOUSLY APPROVED CAPITAL IMPROVEMENT PROJECT -AND TO ADD'A NEW CAPITAL IMPROVEMENT PROJECT TO BEGIN DURING -FISCAL YEAR 1999-2000; CONTAINING A REPEALER PROVISION AND A SEVERABILI-" TY CLAUSE:: ` ORDINANCE NO. 11919 AN ORDINANCE OF THE MIAMI.CITY COMMISSION AMEND- ING THE FUTURE LAND USE MAP OF THE COMPREHEN- " SIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE " DESIGNATION OF -THE PROPERTIES LOCATED AT AP- PROXIMATELY (1) 300-350 SOUTH MIAMI AVENUE; (II) 18-62 SOUTHWEST 3RD STREET AND (111) 24-75 SOUTHWEST 4TH .STREET, MIAMI, FLORIDA, FROM "OFFICE" AND "CENTRAL BUSINESS DISTRICT" TO "RESTRICTED COM- . MERCIAL"; MAKING FINDINGS; DIRECTING TRANSMITTALS TO AFFECTED AGENCIES; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY "CLAUSE; AND PROVIDING :.FOR AN EFFECTIVE DATE. , ORDINANCE NO. 11920 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING PAGE NO. 36 OF THE ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE 20NING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM 0 OFFICE TO SD -6 CENTRAL COMMERCIAL RESIDENTIAL DISTRICT FOR THE PROPERTIES LOCATED AT APPROXIMATELY. (1)' . " 300-350 SOUTH MIAMI AVENUE, (11)18-62 SOUTHWEST 3RD STREET, AND (111) 24-75 SOUTHWEST 4TH STREET, MIAMI FLORIDA; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFEC=. TIVE DATE. 0 V -~' ORDINANCE NO -1.1921— ` NORDINANCE AMENDING ZMR5WE 11000, AS I AMENDED, THE ZONING ORDINANCE'OF THE CITY OF MIA. • MI, BY AMENDING ARTICLE 6,.SECTION 606.4,.SD-6 CEN- TRAL COMMERCIAL RESIDENTIAL DISTRICT, I REMOVE THE LIMITATION ON THE"SIZE'OF GROCERY STORES,AS l PRINCIPAL -USES WITHIN THE SD -6 CENTRAL COMMER- " CIAL RESIDENTIAL DISTRICT;. CON JAINING'A REPEALER "7 PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING i, FOR AN EFFECTIVE DATE. "ORDINANCE NO. 11922 f AN ORDINANCE OF THE MIAMI CITY -'COMMISSION AMEND'- ING ORDINANCE NO. 11.000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF'MiAMi, BY AMENDING ARTI- ! CLE 4,' SECTION 4C1 CENTRAL BUSINESS DISTRICT ("CBD"), SCHEDULE Or DISTRICT REGULATIONS, AND AR- TICLE 6, SECTIONS 605, 606, AND 607, TO.MODIFY PARK- ING PROVISIONS FOR THE CBD, SD -5 ("BRICKELL-AVENUE I" AREA OFFICE -RESIDENTIAL DISTRIC7)1-SD-6 ("CENTRAL_ COMMERCIAL RESIDENTIAL DISTRICT") AND SD -7 jl ("CENTRAL BRICKELL RAPID TRANSIT. COMMERCIAL -RESI- DENTIAL DISTRICT") ZONING DISTRICTS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. -ORDINANCE NO. 1-1923 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE -OF -THE CITY.OF MIAMI, .BY AMENDING ARTI- A CLE' 4, ,SECTION` 401, "SCHEDULE OF DISTRICT REGULA TIONS; TO -MODIFY PARKING: REQUIREMENTS'FOR THE R-, 3. AND R-4 ZONING .CLASSIFICATIONSAND TO ADDL.AN GUAGE,REQUIRINd ADDITIONAL PARKING FOR"ONE '(1) BEDROOM UNITS WITH. ADDITIONAL''SPACE(S)'WHICH CAN ,ACCOMMODAT;E ADDITIONAL BEDROOM(S); "CON-. TAINING "A REPEALER PR(.`IISION- AND, A SEVERABILITY:.. } CLAUSE; AND PROVIDING FQ.3 AN EFFECTIVE DATE.'. {I ! i Saidproposed ordinances may be inspected by the public`at thee- Office•of the City Clerk, 3500 Pan AmericanDnve`, Miami, Flori- da,' lon da, Monday.through`.Friday, exciuding holir/ays,,between the hoursof •8 a.m. and -5 p.m. All interested persons may "appear at the meeting and may be heard with respect.to the proposed ordinances. Should any person desire to ap- peal any decision of the City Commission with respect to any matter to be considered at this meeting, that person. shall ensure, that a verbatim record of the proceedings is made -including all testimony and evidence upon which any appeal may be based. G�t`1 of WALTER J FOEMAN �. 'CITY CLERK . L' C4O fCQFLo��O4 - (#8263) L.5/3 -- — -- - 00-4-71/49696M,