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HomeMy WebLinkAboutO-13035City of Miami Legislation Ordinance: 13035 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00780zt Final Action Date: 10/23/2008 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/ SECTION 628, ENTITLED "SD SPECIAL DISTRICTS GENERAL PROVISIONS/VILLAGE WEST ISLAND SPECIAL OVERLAY DISTRICT," RELATING TO RETAIL ESTABLISHMENTS LOCATED IN THE MIXED -USE CULTURAL DISTRICT OVERLAY; PROVIDING FOR AN INCREASE IN INDIVIDUAL RETAIL ESTABLISHMENT FOR LIMITED GROCERY USES ONLY BY SPECIAL PERMIT; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of July 16, 2008, Item No. P.2, following an advertised hearing, adopted Resolution No. PAB 08-028 by a vote of nine to zero (9-0), recommended APPROVAL of the amendment to Zoning Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the Miami Planning Advisory Board, at its meeting of July 16, 2008, Item No. P.2, following an advertised hearing, adopted Resolution No. PAB 08-028a by a vote of seven to two (7- 2), recommending to the City Commission to require for Class II issuance for this case only (File ID 08 -00780zt) that the applicant will notify the neighborhood associations within 24 hours of final decision; 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: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated 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 in the following particulars: {1} "ARTICLE 6. SD SPECIAL DISTRICTS GENERAL PROVISIONS Sec. 628. SD-28 Village West Island Special Overlay District. City of Miami Page 1 of 2 File Id: 08-007807t (Version: 2) Printed On: 5/17/2017 File Number: 08-00780zt Enactment Number: 13035 628.6.3. Special Regulations and limitations on permissible uses. Irrespective of the underlying zoning classifications, the following special regulations and limitations shall apply to uses permissible within the Mixed Use Cultural District Overlay; The Mixed Use Cultural District Overlay shall permit the following uses, in addition to that which is permitted in the underlying districts: 1. Permanent structures providing for a Straw Market with Caribbean crafts, foods, apparel, souvenirs, and other goods attractive to tourists, subject to a Class II permit with a mandatory referral to the district NET Administrator only; items for sale within such markets shall be limited to the following: Heritage retail: Moods, apparel, souvenirs; Bookstores and gift shops with cultural themes; Hair salons, including outdoor hair braiding; and Music and entertainment reflective of that found in the Caribbean. 2. Notwithstanding any provision of this zoning ordinance (Zoning Ordinance No. 11000 of the City of Miami) to the contrary, large-scale retail establishments exclusively for the sale of groceries and not exceeding 40,000 square feet shall be permitted within the Mixed Use Cultural District Overlay only in such areas where the underlying zoning district is SD-2. Such establishment shall be permitted by Class II Special Permit. "Groceries" are defined as food products, dry groceries (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. Other permissible uses along ground floor locations shall be as per uses permitted within ground floor locations in the SD-2 Zoning district and the following: *1I 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 thirty (30) days after final reading and adoption thereof.{2} 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 2 of 2 File Id: 08-007807t (Version: 2) Printed On: 5/17/2017