HomeMy WebLinkAboutItem #2- NCD3_PAB 2.20.08LEGISTAR FILE ID: 08-00133zt
APPLICANT
REQUEST/LOCATION
LEGAL DESCRIPTION
PETITION
PLANNING FACT SHEET
February 20, 2008 Item # 2
Pedro G. Hernandez, City Manager, on behalf of the City of
Miami
Consideration of amendment to Ordinance No. 11000,
modifying ARTICLE 8, Sec. 803.6, "Coconut Grove NCD-3
Commercial Districts", relating to individual retail
establishments located in the neighborhood conservation
districts (NCD).
See supporting documentation
An amendment to Ordinance No. 11000, modifying
ARTICLE 8, Sec. 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 repealer provision, a severability clause and
providing for an effective date.
PLANNING RECOMMENDATION APPROVAL
BACKGROUND AND ANALYSIS
PLANNING ADVISORY BOARD
CITY COMMISSION
The proposed amendment is for the purpose of increasing
the flexibility of providing new grocery stores to serve the
Coconut Grove area by increasing the square footage for
grocery stores to be permitted without Special Exception
requirement.
VOTE:
CITY OF MIAMI • PLANNING DEPARTMENT
444 SW 2ND AVENUE, 3RD FLOOR • MIAMI, FLORIDA, 33130
PHONE (305) 416-1500
Date Printed: 2/11/2008 Page 1
City of Miami
Legislation
PAB Resolution
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 08-00133zt Final Action Date:
AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING
ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY AMENDING ARTICLE 8,
SEC. 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 REPEALER PROVISION, A SEVERABILITY CLAUSE
AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT(S): Pedro G. Hernandez, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING DEPARTMENT: Recommended approval.
PURPOSE: The proposed amendment is for the purpose of increasing the flexibility
of providing new grocery stores to serve the Coconut Grove area by increasing the
square footage for grocery stores to be permitted without Special Exception
requirement.
WHEREAS, the Miami Planning Advisory Board (PAB) considered this item at its February 20,
2008 meeting, Item No. 2 adopted Resolution No. PAB and by a vote of to
( - ) has recommended the adoption of this item 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.
City of Miami Page 1 of 3 Printed On: 2/11/2008
File Number: 08-00133zt
Sec. 803.6. Coconut Grove NCD-3 Commercial Districts.
803.6.1. Large Scale Retail Establishments.
803.6.2. Large -Scale Retail establishment defined.
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 centers as defined in City Code Sec. /I 2 within underlying SD 2
exempted.
803.6.2.1. Exceptions to limitations herein.
Retail specialty centers as defined in City Code Sec. 4-2 within underlying SD-2 Districts, and Retail
establishments and modifications to existing establishments exclusively for the sale of groceries not
exceeding forty thousand (40,000) square feet, are exempted from the size and aggregation limits set
forth above in Section 803.6.2. Separate Class II permit shall be required for such new
establishments upon compliance with the applicable criteria within this zoning ordinance. "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 as described in
803.6.2.1 are exempted from the Special Exception requirement and shall be permissible by Class II
permit. Retail establishments exclusively for the sale of groceries exceeding forty thousand (40,000)
square feet shall be permitted within underlying commercial districts by Special Exception.
Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict
City of Miami Page 2 of 3 Printed On: 2/11/2008
File Number: 08-00133zt
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.
APPROVED AS TO FORM AND CORRECTNESS
JORGE L. FERNANDEZ
CITY ATTORNEY
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 3 of 3 Printed On: 2/11/2008