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HomeMy WebLinkAbout04-10-08 Legislation (Version 2) - NEWy of Mia Legislation Ordinance City Hati 3500 Pan American Drive Miami, FL 33133 www.rniamigov.com File Number: 08-00133z/ Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 8, SECTION 803.6, "COCONUT GROVE NCD-3 COMMERCIAL DISTRICTS'', RELATING TO INDIVIDUAL RETAIL ESTABLISHMENTS LOCATED IN THE NEIGHBORHOOD CONSERVATION DISTRICTS (NCD); PROVIDING FOR AN INCREASE IN INDIVIDUAL RETAIL ESTABLISHMENT FOR LIMITED USES ONLY BY SPECIAL PERMIT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board considered this item at its February 20, 2008 meeting, Item No. 2 adopted Resolution No. PAB 08-006 by a vote of nine to zero (9-0) recommended APPROVAL for the adoption of this tern to the City of Miami City Commission; 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: 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 8. NCD NEIGHBORHOOD CONSERVATION DISTRICTS" Sec. 803. NCD-3 Coconut Grove Neighborhood Conservation District. * Sec. 803.6. Coconut Grove NCD-3 Commercial Districts. 803.6.1. Large Scale Retail Establishments. * * 803.6.2. Large -Scale Retail establishment defined. City of Miami Page 1 of 3 Printed On: 4/4/2008 Fde Nu ! r 06-0 3zt A large-scale retail establishment is defined as a retail establishment, including membership establishments with any commercial retail use or combination of such commercial retail for which any single establishment is comprised of over twenty thousand (20,000) square feet in gross floor area, The gross floor area includes building gross floor area and ancillary outdoor storage or merchandise display areas. For the purposes of this definition, the floor area does not include motor vehicle parking or loading areas. For the purpose of determining the applicability of the twenty thousand (20,000) square feet of floor area, the aggregate square footage of all adjacent stores or retail tenants that share common check out stands or a controlling interest, or storage areas, shall be considered one establishment. Retail specialty 803.6.2.1. Exceptions to limitations herein. Retail establishments exclusively for the sale of groceries and not exceeding forty thousand ,(40,000) square feet within the underlying C-1 Zoning Districts, are exempted from the size and aggregation limits set forth above in Section 803.6.2. "Groceries" is defined as food products, dry groceries (such as household products and paper goods), and other items typically sold (such as meats, poultry_, seafood, sushi, dairy products, frozen foods, fruits, vegetables, deli items, prepared foods, baked goods, health and beauty products, pharmaceuticals, and alcoholic beverages) or services commonly provided in a grocery store in Miami -Dade County. 803.6.3. Special Exception required. Except as provided herein, aA large-scale retail establishment shall be permitted only within C-1 zoned areas within the NCD-3 zoning district, and only after receiving Special Exception review and approval by the zoning board pursuant to the standards and criteria contained herein and in Articles 13 and 16 of this zoning ordinance. Retail establishments exclusively for the sale of groceries in the C-1 Zoning Districts as described in 803.6.2.1 are exempted from the Special Exception requirement and shall be permissible by the Class I! permit. 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 approval at second reading, 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. City of Miami Page 2 of 3 Pranced On: 4/4/2008 Lei m co«o , 9 APPROVED AS TO FORM AND CORRECTNESS JULlEO.BRU CITY ATTORNEY Footnotes : {1} Words and/or figures stricken through shall bedeleted. Underscored words and/or figussh/(be added. Theremaining provisions are now A effect and remain unchanged. Asterisks indicate omitted and unchanged material. 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