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HomeMy WebLinkAboutO-11765• J-98-1038 2/23/99 ORDINANCE NO. 11765 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401, C-1 RESTRICTED COMMERCIAL, TO ALLOW FLOWER CART VENDING IN OPEN SPACE AREAS, SUBJECT TO ISSUANCE OF A CLASS II SPECIAL PERMIT AND COMPLIANCE WITH COCONUT GROVE RIGHT-OF-WAY VENDING CART GUIDES AND STANDARDS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of September 16, 1998, Item No. 12, following an advertised hearing, adopted Resolution No. PAB 67-98, 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 11765 0 • 0 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/: "ARTICLE 4. ZONING DISTRICTS Sec. 401. Schedule of district regulations. C-1 Restricted Commercial Permitted Principle Uses: Except as may he otherwise provided herein, within this district all commercial, office, sales, display and service activities shall be conducted within completely enclosed buildings, except in connection with outdoor eating areas, automobile sales lots, plant nurseries or commercial parking lots, or as approved in connection with special permits; otherwise, there shall be no unenclosed storage or display of merchandise, materials, or, equipment. No wholesaling or jobbing shall be conducted from within the district. No merchandise shall be stored other than that to be sold at retail on the premises; and no such storage shall be 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 - 11'765 visible from public rights -of -ways. No off premise storage of merchandise shall be permitted within the district. Conditional Principle Uses E3 • - • • - •1{ 11•0-/• •• • - • 1 • • - / • . - - • • - • Z0 XOR 10 1 OWE• - / • / • - 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��. PASSED ON FIRST READING BY TITLE ONLY ..this 26th day of January , 1999. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY Z/ This Ordinance shall become effective as specified hereinunless 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. 11'765 - 3 - 41 this 23rd day of February 1 1999. JOE CAROLLO, MAYOR In accordance with Miami Code See. 2-36, since the Mayor did not indicate appmv,".1 of this legislation by signing it in the designated place provided, said legislat�i,-n �oio",,i becomes effective with the elapse of ten (10) days from the date of Comm! icn ad on regarding same, without the Mayor exercisin to. ATTEST: Walter k"Foeman, City Clerk WALTER J. FOEMAN, CITY CLERK APPROVED -bg-,T% Foj�xm CORRECTNESS:t-- :GMM:CSK:BSS 4 11765 PZ- 1 S CITY OF MIAMI, FLORIDA SECOND READING INTER -OFFICE MEMORANDUM TO: Honorable Mayor and members DATE: February 16, 1999 FILE of the City Commissioners SUBJECT: Amendment to Zoning Ordinance re: Flower Carts FROM: REFERENCES: on W.sa'w"----- City Manager ENCLOSURES: RECCOMENDATION It is respectfully recommended .that the City Commission approve the attached amendment to Zoning Ordinance 11000 in order to allow the sale of flowers from vending carts on private property subject to a Class II Special Permit. BACKGROUND AND ANALYSIS The attached request was passed by the City Commission on First Reading at its meeting of January 26, 1999. At that time, the administration was asked to come back at Second Reading with information regarding the possibility of imposing distance requirements between the moveable flower carts and flower shops. The Planning Department conducted further review of this issue and has concluded that distance requirements between like establishments cannot be imposed on "private property"; we can .however, impose distance requirements between individual carts on the same property in order to ensure safe access; these standards have already been applied in Coconut Grove and will be applied for these carts as well. If the City Commission would like the administration to explore distance requirements from vendors on "public property" and similar businesses on adjacent "private property", this analysis could be accomplished with the assistance .of the Public Works and Law Departments. Based on the analysis above, the Planning Department is recommending that the proposed amendment be approved as presented. DHW:DB:AGS:LYS 6 14$q 11765 1 9 0 PLANNING FACT SHEET APPLICANT City of Miami Department of Planning HEARING DATE September 16, 1998. REQUEST/LOCATION Amendment to Article 4, Section 401 of Zoning Ordinance 11000. LEGAL DESCRIPTION N/A PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of City of Miami by amending Article 4, Section 401 in order to allow sales of fresh flowers from mobile vending carts within designated open areas by Class II Special Permit. PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS Approval. Please see attached analysis., PLANNING ADVISORY BOARD Approval VOTE: 6-0 CITY COMMISSION Passed First Reading on January 26, 1999. APPLICATION NUMBER 98-044 Item #12 CITY OF MIAMI • DEPARTMENT OF PLANNING 444 SW 2N0 AVENUE, 3R0 FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1435 . .... ........................................................................................................................................................... .......... :Date: 09/10/98 ................................ i .. E. Page 11765 ANALYSIS FOR AMENDMENT TO ALLOW FLOWER CARTS IN RESTRICTED COMIyIERCIAL DISTRICT CASE NO. 98-044 The proposed amendment to Article 4, Section 401 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 C-1 Restricted Commercial districts, and further adding a requirement that such uses will be permitted only by Class II Special Permit. The requested amendment would specifically allow Flower Carts on private property (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 Development 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; this amendment seeks to clarify and add the Class II requirement for this use within C-1 Restricted Commercial Zoning Districts as appropriate. 11765 RESOLUTION PAB - 67-98 A RESOLUTION RECOMMENDING APPROVAL TO AMEND ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401, IN ORDER TO ALLOW SALES OF FRESH FLOWERS FROM MOBILE VENDING CARTS WITHIN DESIGNATED OPEN AREAS BY CLASS II SPECIAL PERMIT. HEARING DATE: September 16, 1998 ITEM NO. 12 VOTE: 6-0 ATTE i ,� aides Slazyk, Assis t D' e t Department of Planning and Development 11765 • • MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF 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 Vk/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11765 XXXXX ...............................Court, inthe ................................................. wR&Tbliggh In sa t paper in the issues of Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant f sa that she has neither pa!promised any fircorporation any dis nt,��bate, comm funthe purpose of s rings , I advertls nt r piblicyorn In the said 15 % S subs 'bed7-D. met b ..... dav�A.L....... ..... ..'... 9...... (SEAL) ( / Octelma V. Ferbeyre personally =.0 IAL OTARY SEAL N�ETT LLERENA mM 6®ItNt gU108112RCE5661)04OMMI6SION EMPIRESUNE 23,2000 CITY OF MIAMI, FLORIDA LEGAL NOTICE All interested persons will take.notice that on the.23rd day of Febru ary, 1999, the City Commission of Miami, Florida adopted the following titled ordinances: ORDINANCE NO. 11760 AN EMERGENCY ORDINANCE RELATING TO VALET PARKING IN.COCONUT GROVE; AMENDING ORDINANCE n NO. 11543, AS AMENDED, ADOPTED SEPTEMBER 9, 1997, BY AUTHORIZING VALET PARKING IN CERTAIN PUBLIC RIGHTS -OF -WAY IN COCONUT GROVE FOR'AN ADDITIONAL SIX (6) MONTHS FROM THE DATE OF THIS ORDINANCE; PROVIDING THAT ALL OTHER PROVISIONS N IN FULL NO. 11543 SHALL FFORCCEDINA ANDC EFFECT; CONTAINING E AAI REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. t ORDINANCE NO. 11761 AN ORDINANCE OF THE MIAMI CITY. COMMISSION, WITH ATTACHMENT(S), AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE LAND USE DESIGNATION OF THE PROPERTIES LOCATED AT APPROXIMATELY 600 N.W. 17TH AVENUE, MIAMI, FLORIDA, FROM DUPLEX .RESI- DENTIAL TO RESTRICTED COMMERCIAL; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; . AND PROVIDING FOR AN EFFECTIVE DATE. I ORDINANCE NO. 11762 AN ORDINANCE OF THE, MIAMI CITY COMMISSION, WITH ATTACHMENTS, AMENDING PAGE - NO.-,34 OF THE ZONING ATLAS OF THE CITY OF MIAMI, FLORIDA, BY - CHANGING THE ZONING CLASSIFICATION FROM R 2 TWO FAMILY RESIDENTIAL TO C-1 RESTRICTED COM- MERCIAL FOR THE PROPERTY LOCATED AT AP- PROXIMATELY 600 AND 601 NORTHWEST 17TH AVENUE, MIAMI; FLORIDA; MAKING FINDINGS; • CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE: ORDINANCE NO. 11763 AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT, AMENDING THE FUTURE LAND USE MAP OF THE COMPREHENSIVE NEIGHBORHOOD PLAN BY CHANGING THE. LAND USE DESIGNATION OF -THE PROPERTIES LOCATED AT APPROXIMATELY 1401 AND 1441 NORTH MIAMI _AVENUE, MIAMI, FLORIDA, FROM RECREATION AND MAJOR INSTITUTIONAL, PUBLIC FACILITIES, TRANSPORTATION AND UTILITIES TO GEN- ERAL COMMERCIAL; CONTAINING A REPEALER PRO- VISION AND A SEVERABILITY.CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE NO. 11764 AN ORDINANCE; OF THE MIAMI .,CITY COMMISSION, WITH ATTACHMENT, AME_ NDING PAGE NO. 23 OF THE CIT ZONING ATLAS`OF_THE Y OF MIAMI, FLORIDA, BY a CHANGING THE ZONING CLASSIFICATION FROM PR . PARKS AND RECREATION AND G/1' GOVERNMENT AND INSTITUTIONAL TO C-2 LIBERAL COMMERCIAL FOR THE PROPERTIES LOCATED. AT APPROXIMATELY 1401 AND 1441 NORTH MIAMI AVENUE, MIAMI, FLORIDA; MAKING' FINDINGS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ��__� 1 10 `ORDINANCE NO. 117 AN ORDINANCE OF -THE CITY. MI COMMISSION AMENDING ORDINANCE NO. ,11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4,.SECTION 401, C-1 RESTRICTED . COMMERCIAL, TO ALLOW FLOWER CART VENDING IN OPEN SPACE AREAS, SUBJECT TO ISSUANCE OF A CLASS' II SPECIAL PERMIT -AND COMPLIANCE WITH COCONUT GROVE • RIGHT-OF-WAY VENDING, CART 'GUIDES AND STANDARDS; CONTAINING. A REPEALER - PROVISION AND SEVERABILITY CLAUSE; AND PRO- VIDING FOR AN EFFECTIVE DATE: ORDINANCE NO. 11766 AN ORDINANCE OF THE MIAMI CITY . COMMISSION AMENDING SECTION 62-93(d) OF THE .CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("CITY CODE") ENTITLED: "QUORUM; PUBLIC RECORDS," CONCERN- ING_ THE CITY ZONING BOARD, TO REMOVE THE "SHORT BOARD" LANGUAGE CONTAINED THEREIN WHICH IS SUPERFLUOUS DUE TO THE PROVISIONS OF SECTION 2-887 OF THE CITY CODE AND TO AMEND THE QUORUM REQUIREMENTS TO BE CONSISTENT WITH THE PROVISIONS THEREOF; CONTAINING A REPEALER PROVISION AND A,. SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. ,• _ ORDINANCE NO. 11767 AN -ORDINANCE OF THE MIAMI CITY, COMMISSION. i AMENDING ORDINANCE 11000; AS AMENDED, THE ZON- ING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 6, SECTION 609, SD-9 BISCAYNE BOULEVARD NORTH OVERLAY " DISTRICT, IN .ORDER TO MODIFY i PROVISIONS RELATED TO CONDITIONAL ACCESSORY USES TO ADD 'OUTDOOR PHOTOGRAPHY AS A CONDITIONAL ACCESSORY USE TO PHOTOGRAPHERS OFFICES AND STUDIOS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PRO- VIDING FOR AN EFFECTIVE DATE. Said ordinances may be inspected by the public at the Office of the; City Clerk, 3500 Pan American Drive,, Miami, Florida, Monday through Friday, excluding holidays between the hours of 8 a.m. and 5 p.m. Walter J. Foeman . e'o.Ov City Clerk rnF (#5210) 3/15 9964-031501 M '