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Home My WebLink AboutCC Legislation (Version 2)File Number: 09-00753zt City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTIONS 602.3, "CLASS II SPECIAL PERMIT" AND 602.5 ENTITLED "PERMITTED ACCESSORY USES AND STRUCTURES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD -2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 15, 2009, Item No. P.2, following an advertised public hearing, adopted Resolution No. PAB 09-021 by a vote of seven to zero (7-0), recommending approval as presented, with the addition of yellow and orange as accepted colors in section 602.5.1.9; 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 citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: 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 amended by amending the text of said Ordinance as follows: {1} "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 602. SD -2 Coconut Grove Central Commercial District. City of Miami Page 1 of 4 Printed On: 8/31/2009 City of Miami LS+J1La ry 9(�7, "`�M.;BMilo _ Legislation Ordinance File Number: 09-00753zt City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO, 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 6, SECTIONS 602.3, "CLASS II SPECIAL PERMIT" AND 602.5 ENTITLED "PERMITTED ACCESSORY USES AND STRUCTURES," TO ALLOW OPEN AIR GREEN MARKETS IN THE "SD -2" COCONUT GROVE CENTRAL COMMERCIAL DISTRICT; SUBJECT TO LIMITATIONS AS SET FORTH; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting held on July 15, 2009, Item No. P.2, following an advertised public hearing, adopted Resolution No. PAB 09-021 by a vote of seven to zero (7-0), recommending approval as presented, with the addition of yellow and orange as accepted colors in section 602.5.1.9; 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 citizens to amend its Zoning Ordinance as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS: 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 amended by amending the text of said Ordinance as follows: {1} "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 602. SD -2 Coconut Grove Central Commercial District. City of Miami Page 1 of 4 Printed On: 8/31/2009 File Number, 09-00753zt Sec, 602.3. Class II Special Permit. 602.3.1. When required. A Class II Special Permit shall be required prior to approval of any permit (except special permits pursuant to Article 13) affecting the height, bulk, location or exterior configuration of any existing building; for the erection of any new building; er for the location, relocation or alteration of any structure, sign, awning, landscaping, parking area or vehicular way visible from a public street or waterfront walkway: and for the establishment of any outdoor preen market pursuant to Section 602.5 herein. A Class II Special Permit shall not be required for signs located in the ground floor, exterior painting, and awnings proposals which fully comply with the special design standards and guidelines contained in the SD -2 Coconut Grove Central Commercial District Community Appearance Code, incorporated herein by reference, and created to promote an elevated quality of design and an enhanced general appearance in the district. 602.3.2. Considerations in making Class 11 Special Permit determinations The purpose of the Class II Special Permit shall be to ensure conformity of the application with the expressed intent of this district, with the applicable criteria listed in Section 1305 and any other applicable criteria specified in this ordinance, as amended. In making determinations concerning construction of new principal buildings or substantial exterior alterations of existing principal buildings, the Director of the Planning and ZGRiRg Department shall obtain the recommendation of the Urban Development Review Board (UDRB). In the event that the UDRB fails to meet within thirty (30) days or fails to make a recommendation to the Planning Director within sixty (60) days after plans have been submitted for review, the requirement for UDRB review may be waived, if the Director of the Planning ^r'arTd ZeniRg-Department finds that the proposal is in compliance will all the applicable criteria as set forth in Section 1305. On primary pedestrian pathways as shown on the zoning atlas, design guidelines in the "City of Miami Primary Pedestrian Pathway Design Guides and Standards" shall apply. Outdoor green markets shall be reviewed subject to the requirements, conditions and limitations outlined in section 602.5 herein. In addition to other requirements, an operational plan and vendor auidelines shall be required at the time of application. Sec. 602.5. Permitted accessory uses and structures. Except as otherwise noted in Section 602.5.1. herein for outdoor green markets, uses ! J-ses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures, approved in the same special permit proceedings, and initiated or completed within any time limits established generally or in relation to the special permit, shall be permitted subject to limitations established by these or generally applicable regulations. No aboveground offstreet parking or loading areas shall be permitted between any front portion of a building and the front line of a lot adjoining a pedestrian street. City of Mianu Page 2 of 4 Printed On: 8/31/2009 File Number: 09-00753zf 602.5.1. Outdoor Green Markets. Outdoor green markets are permitted within the district subject to obtaining a Class II Special Permit with mandatory referral to the district NET Administrator only; and subject to all of the following conditions regulations, and limitations: 1. Only live plants and flowers fresh fruits and vegetables, honey and pollen products, cheeses, Jams and iellies baked goods prepared foods and drinks derived from fresh fruits and vegetables soaps candles handmade crafts, antiques, collectibles, paintings, and objects d'art may be sold on any outdoor green market within this district. 2. Outdoor green markets must be located within an improved site which shall consist of ground level developed open space or plaza of no less than nine -thousand (9,000) square feet. 3. Outdoor green markets shall not be located within parking lots or parking structures. 4. Outdoor green markets vending activities must take place on private property: vending within the right-of-way and obstruction of the right-of-way is not permissible under this section of the zoning code. 5. Outdoor green markets may operate two (2) days a week only based on predetermined day(s) of the week. The outdoor green market permit shall include the specific day(s) of the week and location for said permit. 6. The applicant shall submit at the time of application the selected weekday(s) and location of the outdoor green market. 7. The hours of operation including set-up and take-down shall be from 8:00 a.m. to 8:00 p.m. 8. Outdoor green markets shall have a minimum of six (6) vendors 9. Each vendor shall conduct business within a 10' x 10' white or preen movable canopy which shall be removed at the end of each market day. Any table placed within the canopy area shall be covered with a white and/or green fabric table skirt. 10. All vendinq activity, display, or exhibit must be conducted within a vendor's canopy area which shall be kept in good condition at all times. Broken, faded and/or dirty canopies shall not be allowed. 11. All garbage and trash shall be removed from the market site and disposed as required by law at the end of each market day. 12. The market area shall be cleaned and left in a sanitary condition at the end of each market day. 13. Outdoor green market signs shall be submitted for approval as part of the Class II application. 14. Noisemaking or flashing devices shall not be allowed. City of Miami Page 3 of 4 Printed On: 8/31/2009 File Number.' 09-00753zt *1l Section 3. 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 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. {2} APPROVED AS TO FORM AND CORRECTNESS:' JULIE O. B CITY ATTO NEY Footnotes: {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. {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. City of Miami Page 4 of 4 Printed On: 8/31/2009