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HomeMy WebLinkAboutItem #2- Open Green Markets SD-2LEGISTAR FILE ID: 09-00753zt APPLICANT REQUEST/LOCATION LEGAL DESCRIPTION PLANNING FACT SHEET July 15, 2009 Item # P.2 Pedro G. Hernandez, City Manager on behalf of the City of Miami SD -2 Coconut Grove Central Commercial District. See supporting documentation PETITION A Resolution of the Miami Planning Advisory Board recommending approval or denial of an Ordinance of the Miami City Commission amending Zoning 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; containing a severability clause and providing for an effective date. PLANNING RECOMMENDATION APPROVAL BACKGROUND AND ANALYSIS This will allow Open Air Green Markets in the SD -2 Coconut Grove Central Commercial District by Class II Special Permit. PLANNING ADVISORY BOARD CITY COMMISSION VOTE: .................................................................................................................................................................................................................................................................................................................................. CITY OF MIAMI • PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130 PHONE (305) 416-1500 .................................................................................................................................................................................................................................................................................................................................. 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I IW O9D �.i die` �" �� h � •.Y i .CY rfi City of Miami �s3 Iri r nk °• ' Legislation f (d 7 ; PAB Resolution File Number: 09-00753zt City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: A RESOLUTION OF THE MIAMI PLANNING ADVISORY BOARD RECOMMENDING APPROVAL OR DENIAL OF 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 and advertised public hearing, adopted Resolution No. PAB by a vote of (_ _), recommending approval as presented; 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 it's 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. Sec. 602.3. Class II Special Permit. Cit, of Jliami Page I of 4 Printed Ott: 71712009 File Number: 09-00753zt 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; a4: 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 green 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 ZeRiRg Department shall obtain the recommendation of the Urban Development Review BoardU( DRB). 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 a^d-,g-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 preen 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 guidelines 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 kms 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. 602.5.1. Outdoor Green Markets. City of Miami Page 2 of 4 Printed On: 7/7/2009 File Number: 09-00753zt 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. reaulations. and limitations: 1. Only live plants and flowers, fresh fruits and vegetables, honey and pollen products, cheeses, lams and jellies, 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 preen market within this district. 2. Any outdoor preen market 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 preen markets shall not be located within parking lots or parking structures. 4. All outdoor green market vending activities must take place on private property; vending within the riaht-of-wav and obstruction of the riaht-of-wav is not permissible under this section of the zoning code. 5. Outdoor preen markets may operate two (2) days a week only based on a 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. Any outdoor preen market shall have a minimum of six (6) vendors 9. Each vendor shall conduct business within a 10' x 10' white and/or green 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 preen fabric table skirt. 10. All vending activity, display, and/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. All outdoor preen market signs shall be submitted for approval as part of the Class II application. 14. Noisemakina or flashina devices shall not be allowed. City of Miami Page 3 of 4 Printed On: 7/7/2009 File Number: 09-00753zt 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. City of Miami Page 4 of 4 Printed On: 7/7/2009