HomeMy WebLinkAboutO-11203J-94-773
10/6/94 11203
ORDINANCE NO.
AN ORDINANCE AMENDING ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA: BY AMENDING SECTION 401,
"SCHEDULE OF DISTRICT REGULATIONS", TO ALLOW
"DISCOUNT MEMBERSHIP MERCHANDISERS" AS A
CONDITIONAL PRINCIPAL USE IN THE C-1
RESTRICTED COMMERCIAL DISTRICT BY SPECIAL
EXCEPTION ONLY, AND ESTABLISHING MINIMUM
PARKING REQUIREMENT; BY ADDING TWO NEW
"RESERVED" SECTIONS; BY ADDING SECTION 9440,
"DISCOUNT MEMBERSHIP MERCHANDISERS",
ESTABLISHING APPLICABLE REGULATIONS FOR SAID
USE; AND BY AMENDING SECTION 2502, "SPECIFIC
DEFINITIONS", TO PROVIDE A DEFINITION FOR
"DISCOUNT MEMBERSHIP MERCHANDISER";
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting
of September 1, 1994, Item No. 9, following an advertised
hearing, adopted Resolution No. PAB 52-94 by a vote of eight to
zero (8-0), RECOMMENDING APPROVAL of amending 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:
11203
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.
e
Section 2. Ordinance No. 11000, as amended, the Zoning
Ordinance of the City of Miami, Florida, is hereby amended in the
following particulars:,/
"ARTICLE 4. ZONING DISTRICTS
Sec. 401. Scheduling of district regulations.
C-1. Restricted Commercial.
Conditional Principal Uses:
Same as for 0 district and in addition:
21. Sale of used automobiles by Special Exception only.
22. Discount membership merchandisers, as defined and
conditioned in sections 944 and 2502 and subject to the
requirements of Special Exception regulations and
requirements set forth in Article 16.
Offstreet Parking Requirements:
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. Ellipsis and
asterisks indicate omitted and unchanged material.
2 11203
One (1) space per every one hundred (100) square feet
of gross floor area, for game rooms, pool and
billiard halls and other similar establishments..
One (1) space per every two hundred and fifty (250) square
feet of dross floor area, for Discount Membership
6
Merchandisers. i
* * *"
Section 3. 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:l/
"*
E7
ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 942. Reserved.
Sec. 943. Reserved.
Sec. 944. Discount Membership Merchandisers.
944.1. Intent.
It is the general intent of these regulations that
Discount Membership Merchandisers, as herein defined in
Section 2502 "Specific Definitions", are established in a
form that will tend to minimize their impact on the local
landscape and the local economy. Such impact. may include, but
not be limited to, the disruption of the existing urban
scale, traffic generation, alteration of established
commercial patterns, and environmental impacts by wav of
increases in impervious land area.
944.2. Site Requirements.
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3
944.2.1. Minimum Lot Dimensions.
Discount Membership Merchandisers may be
established exclusively in lots having a minimum net
area of five (5) acres.
944.2.2. Parking Requirements.
All required parking must be provided on -site.
Parking provided must conform to the specific
provisions set forth in Section 401 of this Ordinance.
944.2.3. Minimum Floor Area.
Discount Membership Merchandisers shall have a
minimum floor area of fifty five thousand (55,000)
square feet, or' have a building footprint measuring a
minimum of twenty five percent (25%) of the gross lot
area; whichever.is greater.
944.2.4. Green Space.
Discount Membership Merchandisers shall implement
landscaping in an area equal in size to, or greater
than, fifteen percent (15%) of the gross lot area.
Landscaping shall be implemented generally so as to
provide ample shade areas in the parking lot and
abutting sidewalks and to minimize the visual impact of
the structure and parking space on the streetscape. To
this end a landscape plan for the site shall be
submitted to the Planning, Building and Zoning
Department for review and approval by the Zoning Board
as hart of the required Special Exception Permit.
944.2.5. Fences and Walls.
11203
Fences and walls shall be kept to a maximum height
of thirty (30) inches where required by section 908.8;
but shall be erected to a minimum height of six {6)
feet wherever the property abuts another property with
a more restrictive zoning designation.
t
944.3. Location of Discount Membership Merchandisers.
Discount Membership Merchandisers shall be located
exclusively on lots having frontage on one or more
arterial roads. Ingress and egress to the lot must be
provided from these arterials and not from secondary
roads or collectors. The lots shall also be served and
be readily accessible by collective transportation
systems.
944.4. Hours of Operation.
Special Exception review of proposed Discount
Membership Merchandisers shall take into consideration
hours of operation and impose any necessary conditions
so as to minimize any potentially adverse effects on
adjacent residential areas.
944.5. Variances Prohibited.
No variances from the provisions set forth in this
section 944 are permitted.
Section 4. 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:l/
11203
5
a
ARTICLE 25. DEFINITIONS
Sec. 2500. General Definitions.
Sec. 2502. Specific Definitions.
Dirigible base. See Airport.
Discount Membership Merchandiser. Any membership -
based, bulk -purchase retail establishment where
membership is available to the general public subject
to the payment of a membership fee, and compliance with
membership criteria. Such establishments advertise and
cater to the general public by providing a single
pricing structure for all members irrespective of
quantity purchased. Goods purveyed in discount
membership merchandisers are intended to serve the
daily retail and service needs of the public.
Discount membership merchandisers are subject to
restrictions set forth in Section 944 of this
Ordinance.
Section 5. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 6. 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 7. This Ordinance shall become effective thirty
(30).days after final reading and adoption thereof.
6
11203
PASSED ON FIRST READING BY TITLE ONLY this 27th day of
October , 1994.
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY
this 17th day of November , 1994.
PREPARED AND APPROVED BY:
JOE E. MAXWELL
p TY CITY ATTO EY
PROVED AS TO FORM AND
CORRECTNESS:
i
A. QU NN J N
CITY ATTO
JEM/mis/2 64
KAI
STEPH N P . C , , MAYOR
11203
7
PLANNING FACT SHEET PZW8
APPLICANT City of Miami Planning, Building and Zoning Department
APPLICATION DATE
REQUEST/LOCATION Consideration of amending the text of Zoning Ordinance 11000 to allow "Discount
Membership Merchandisers" as conditional principal use in the C-1 District.
LEGAL DESCRIPTION
PETITION Consideration of amending Ordinance No. 11000, as amended, the Zoning Ordinance of
the City of Miami, Florida; by amending Article 4, "Zoning Districts", Section 401
"Schedule of District Regulations" to allow "Discount Membership Merchandisers" as
a conditional principal use in the C-1 Restricted Commercial District by Special
Exception only; by amending Article 9 "General and Supplementary Regulations",
introducing section 944 "Discount Menbership Merchandisers", to set forth
regulations for this use; and by amending Article 25 "Definitions", Section 2502
"Specific Definitions", to provide a definition for "Discount Membership
Merchandiser".
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND The requested amendment to Zoning Ordinance 11000 is based on the attached
ANALYSIS "Determination of Use not Specified" issued by the Director of Planning, Building
and Zoning on January 14, 1994, and the comments received by the administration
from the Planning Advisory Board at its meetings of June 15, 1994 and July 13,
1994; both of which resulted in the continuance of this item. The resultant product
from said sources, is a proposed ordinance which allows "Discount Membership
Merchandisers", as defined, by Special Exception in the C-1 Restricted Commercial
District. The Planning, Building and Zoning Department believes that this proposal
would offer the protection desired to our City's commercial and residential areas,
as expressed by the PAB (in that a Special Exception is required) as well as the
opportunity for these types of businesses to locate within the City subject to
compliance with certain precautionary measures designed to minimize their potential
negative impact on the community.
PLANNING ADVISORY BOARD Approval VOTE: eight (8) to zero (0)
CITY COMMISSION Passed on First Reading on CC 10/27/94. 11203
APPLICATION NUMBER 94-142 September 21, 1994
10/13/94 w Page 1
f
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Juan C. Gonzalez
Acting Zoning Administrator
M
FROM
S.
o odriguez, Director
P ing Building and Zoning Department
DATE : January 14, 1994 1 FILE
SUBJECT : Request for a
Determination
Concerning Use
REFERENCES: Not Specified:
"Discount
ENCLOSURES: Membership
Merchandisers" in,
Zoning Determination 94-107
Pursuant to Section 904, Determinations concerning Uses Not Specified of
Zoning Ordinance 11000, and in response to the attached request .dated
January 13, 1994, it is hereby determined that:
The intent of the C-1 district is to permit:
Commercial activities which 'benerally serve the daily
retailing and service needs of the public, typically requiring
easy access by pedestrians and private automobiles. This
category is - located -preferably in areas directly served by
arterial or collection roadways or directly accessibly via
mass transportation•system.
The type of commercial activitles..''onducted by "discount membership
merchandisers" as operated by PACE Membership Warehouse, SAM'S CLUB and
COSTCO type businesses, are of the same general intent and character, as
the uses permitted in the C-1 district and are to be considered a
permitted principal use in the C-1 district, subject to location on
arterial roads or having direct access by mass transportation and a
minimum site size of five (5) acres inclusive of parking, to facilitate
easy access by private automobiles.
These "discount membership merchandisers" are not wholesale uses, as
commonly understood and as contemplated in the City's Zoning Ordinance,
because: a) they are open to the general public, subject to -the payment
of a membership fee and compliance with membership criteria; b) they
• advertise and cater to the general public by selling such goods and
services including, but not limited to groceries, meat, baked goods,
photographic and hobby supplies, dairy products, hardware, appliances, and
clothing; c) they do not have the traditional wholesale pricing structure
where businesses pay a greatly discounted price based upon quantity and
individuals pay a higher price; instead they •provide a single pricing
structure for all members irrespective of the quantity purchased.
These "discount membership merchandisers", as with any retail business,
will not charge a sales tax if proper identification is produced. 2 0
Page .Two
January. 14, 1994
At the next opportunity, this department will amend the zoning ordinance
to appropriately reflect this determination. Until such amendment, this
determination shall govern regulation of this particular use.
Attachments
cc:. Teresita L. Fernandez, Chief, Hearing Boards Office (for distribution
to boards)
Catherine � J.---:Carlson-
Central File: Determinations
Joel E. Maxwell, Chief Assistant City Attorney
Law Department
RESOLUTION PAB - 52-94
A RESOLUTION RECOMMENDING APPROVAL OF A PROPOSED AMENDMENT TO THE TEXT.OF
ORDINANCE :11000, - AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY
AMENDING ARTICLES 4`-9 AND 25 TO INTRODUCE AND DEFINE "DISCOUNT MEMBERSHIP
MERCHANDISERS" AS A.CONDITIONAL PRINCIPAL USE IN THE C-1 RESTRICTED
COMMERCIAL DISTRICT BY SPECIAL EXCEPTION PERMIT ONLY AND SUBJECT TO
CONDITIONS AW SPECIFIED CRITERIA.,
HEARING DATE: September 21, 1994
VOTE: eight (9) to zero (0)
ATTEST.
5ERGIO R DRI UEZ, DIRECTOR
PLANNING, BUILDING AND ZONING
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C1 Mlo,FLORIDA
LEGA OTICE
AII. Inibreat I ad persons wul take notice that on the 17th day of No-
i-'v6mo,e rj'd 0194j,thel. City Commission of Miami, Florida, adopted the,.,
f61(pwing filled didininces• :
AN'tMthd5NOY ORDINANCE ESTABLISHING INITIAL
ONINd
'A, AR
cups
CKELL
T FOW!
'RES7
OURCES AND INITIAL APPROPRIATIONS 'FOR A ZONING ATLAS;CONTAINING -W-RdVEAUE0PROM
SPECIAL; .,RE
VENUE FUND'- ENTITLED `VIOLENT SIGN AND A SEVERABILITY CLAUSE.
TASK 1 FORCE' ANDAUTHORIZING
_40,'ciw,.MANAGFR;+TO ACCEPT A GRANT IN THE
AMOUNT 'dF,.$i7,'643"'ORdM'tHEU.S. DEPARTMENT ORDINANCE NO.
OF�JURM -OFFICE OF JUSTICE: PROGRAMS, AND AN ORDINANCEAMENDING OF, 1000
AS AMENDEDj-.THE 20NING�19
TO`EXECUTE`ANY. AND, ALL.. tOCUMENTS NECES- 01 FRI D %IA N CC E
SAR'Y-TO'ACCEPT SAID :GRAT CONTAINING A RE- CITY,OF'-MIAMI,,�. FLORIDA: I BY,'AMENDING "SECTION,
�PFWER PROVISION AND A SEVERABILITY CLAUSE. 401,. "SCHEDULE'OF:DISTFIlCt REGULATIONS" PTO
ALLOW :',ODISCOUNT:'MEMBEFI,1P,-MERC.,,4',
ORD NANCE NO. 11198 ERSPA& A CONDITI(iNAL,PRINCIP.& USE'IN E:
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'AN,'�EMERGENCY ;i,-,ORDINANCE'.AMENDING ORDI- FIESTAICTED�'COMMERCIAL DISTRICT,, * sp t,
15. 1199%, EXCEPTION ONLY,, AND ESTABLISHING
WHICH: -:.ESTABLISHED �, !NITIAL'RESOURCES: AND PARKING` REQUIREMENT;• B ADDING'
INITIAL"APPROPRIATIONS FORA SPECIAL REVENUE , :RESEIRVED'-SECTIONS; 48Y.ADDING SE I
"FUND ";;ENTITLED :,, =!DRM, ABUSE, RESISTANCE "DISCOUNT" MEMBERSHIP - MERCHANDISERS";
� .'EDUCATIC)NN,-.:,TO-'Ot�OVIDE `_ FOR, AN,� "INCREASE' TABLISHING APPLICABLE �REGULATIONS,
"SPECIFIC
.THE USE;AND,.BY AMENDING.SE N 0
7HE',,,AMOUNT OF $70,2111. AS . , E RESULT, -OF, A CT 0. 25 "a,
-APPLICATION; FROM I METRO-, A_ F1 I
gUCCPSSFUL"'i3FiANT,' DEFINITIONS% :TO: PROVIDE , ;QE NITO
,PoUT4N,,bAD'E;.COUNTY,l�AND AUTHORIZING' THE MtMBERSHIP�:,MERCHAWSER ~CON
CITY, "MANAGEWTO' ' EXECUTE �. ANY. DOCUMENTS. TAINIING"A,*REPEALER :;PROVISION 'AND A'r�SEVER
INEC6SARY TO. ACCOMPLISH THE ACCEPTANCE ABILITY CLAUSE; AND PROVIDINGFOR AN EFFEC-,
OF THE GRANT; -CONTAINING k REPEALER PROVI-., TIVE DATE.
SION AND StVERABiUTY CLAUSE.
—4.
.'ORDINANCE Noa.iiiiog. ORDINANCE NOA1204:
AKORDINANCE: AMENDING SECTION "40-229'bF-THE AN ORDINANCE: AMENDING ,ORDINANCE: NQ.,11000,;�' '
OF �: THE;: CITY OF, MIAMI ''FLORIDA*, 'AS' 'AS, AMENDED, :THE ZONING -ORDINANCE -THE;
i AMEN6ED*'4 �BY:-. PROVIDING FOR N IN- CITY OF, MIAW FI_ORIDk.BY' AMENDING'AATlCLg
, VESTMENT GUIDELINES AND TYPES OF FUNDS SECTION 928, "SIGNS; SPECIFIC,'LIMITATIONS 'AND
WHERE INVESTMENT MAY BE MADE FOR MEMBERSNEW SUBSECTION
'OF'"CITY ,OF'MIAMI GENERAL'. EMPLOYEES`' -";AND - :926.9.'ENTITLED - "SIGNS OF 'HISTORIC
SANITATION EMPLOYEEV•,- RETIREMENT, - TRUST; cANCE,"AND PROVIDING PR'(JCEDURESFOR t EX
G'A-REPEALER' PROVISION AND A SEV!- EMPTING SIGNS OF �f HISTORId,'$0;-
ERABILITY CLAUSE, PROVIDING FOR EFFECTIVENIFICANCEFROM: USUAL SIGN'-LIMITATIONS;i�COW
A REPEALER, PROVISION AN
DATE 7AINING D X,SEVER
fr
AND PROVIDING AWEFFEC�.
ABILITY CLAUSE; FORr
: .
"ORDINANCE'NO.1,1200 TIVEDATE
I A CE .-.RELATED T40 HISTORIC PRE8ER-
ENDING ''JHE REQUIREMENTS FOR,
ORDINANCk.NO. 112QS
TERMS!OF OFFICE AND REMOVAL' OF MEMBERS OFAN .ORDINANCE" APPROPRIATIONS
p
HISTORIC'AND�ENIVIRONMENTAUPRtSERVA FOR CITY.:- OF, MIAMI . `CAPITAC'.IMPROVEMENTS;,�
TION B RD.,, *NFOR WITH THE PROVISIONS"
CONTINUING AND REVISING! PREVIOUSLY, "AP
OF ' -OR I E' 1 ..":A 1130" � ADOPTED' MARCH' 24 PROVED: -SCHEDULED' CAPITAL IMPROVEMENT�
_1994' EQS B S ING � FEES � FOR APPEALS.,OF DES-, PROJECTS;' ESTABLISHING :: NEW., CAPITAL �_ lm
IGNATIONSAND -:CERTIFICATES 'OF. APPROPRIATE— 'PROVEMENT PROJECTS TO BEGIN DURING FiscAt
MORE.�LPARTIICULARLY.'; BY AMENDING SEC ', YEAR. 1994-98- 'REPtALING:,.PROVISIONS OF, ORDI-
TION9 69-711,�, 23.14; AND:`93.1-6z:OF' JHE:: CODE OF NANCE�NO.11 , 139,ASAMENDED;: THE FISCA0EAR',,:
THE CITY OF � MIAMI,,: FLORID9j,'AS AMENDED;:COW
'_it)0-1954tAPITAL" IMPROVEM.ENTS,"APPROPRIA-'�':
A*PtALLR, TIONS'. ORDINANCE," WHICH MAY- . :BE', . IN CONFLICT
TAlN1ING* -PROVISION AND A SEVERABILITY
AND '.PROVIDING IFORAN EFFEC WITH THIS .ORDINANCE; PROVIDING; CONDITIONS,
TIVE DATE ,`-
AUTHORIZATIONS AND DIRECTIONS` TOTHE CITY
MANAGER
_'ANb CITY -
I, rz
ROVISIONANUA SE"VERABILITY
AW� !:Ohl NANCE PEALER.P AMENDING THE REQUIREMENTS: AND PROVIDING FOR AN EFFECTIVE DATE
'FOR JERMt�',OrVbFFICEr,
AND:REMOVAL, OF,MEM-
'blic"A th6b ce
be'Ins-pecte by the P'U
`BERS`,.,:;Of�,',%THE�' URBAN !DEVELOPMENT' REVIEW I ordinances may d
TQ'CONFOR'M'WITH -, PROVISIONS',OF" i Saic. -F oddal M,
�BOAREY THEr the Clt�. Clerk,.'3500 Pan er1can.DrIve,,M1am1,. I dnqay*,,,:
ORDINANCE NO, '11130, .,ADOPTED MARCH .424;; 1994;, day
ARTIICULARLYB� AMENDINO'SECTION 62-. 8 1 4 through Friday, excludingh6ii a; E*twbqq the hm�6�:qM.,
'M
ORRE .�_a d6,p.
ORTp 1_0
E.d(jljE:OP THE CITY OF, MIAMI, FLORIDA, AS
TAININGk�ROEALER PROVISION' rrY HIRA
AMEND Dr,90N
CITY CLERK
ANWA SEVEFIREllu CITY OF wmii!
I rY .CLAUSE, PROV NG
FORAWIEFFECTIVE-DATE . ' n1l, �'�: :;, :':V• ;, � , , '! :
FLORIDA
(#2251)
ORDINANCE 'NO.'l 1202 11/3
944413M 5M`
AN ORDINANCE -AM ENDING;,THE,ZONING ATLAS,'OF r.
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
Octelms V. Ferbeyre, who on oath says that she Is the
Supervisor, Legal Notices of the Miami Daily Business
Review VWa 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. 11203
In the ........ ..............XX..X.7 X..X.X................................ Court,
was published Iri Bald newspaper In the Issues of
Nov 30, 1994
Attlant 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 sold Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall 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.advertleement; and afflant further says that she has
neither paid nor promised any perso or corporation
any disco , rebate, commisslo refund or the purpose
of secu g this advertisem public Ion in the said
news per
...... ......................... .04/ ...........
Sworn to and subscribed before me this
30 November 94
........day of............................................................. A.D.19......
(SEAL)
Octelma V. Ferbeyre
OITICIAL N&AitY SM11
r,;iERYL H MARMER
i oNljmi93ION NO, CCt9I&Q
Aj f L:c)AtMISWON KXP. APIL 12,1"6