Legislative Matter

Miami-Dade Legislative Item
File Number: 122325

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Clerk's Official Copy

File Number: 122325

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 13-15

Control: Board of County Commissioners

File Name: PROPOSED ZONING ORDINANCE WAREHOUSES IN THE BU-2 DISTRICT

Introduced: 11/20/2012

Requester: Regulatory and Economic Resources

Cost:

Final Action: 2/5/2013

Agenda Date: 2/5/2013

Agenda Item Number: 7H

Notes:

Title:

ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-253 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, PERTAINING TO USES PERMITTED IN THE LIBERAL BUSINESS DISTRICT; PROVIDING FOR MEMBERSHIP WAREHOUSES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

ZONING ORDINANCE

Sponsors:

Audrey M. Edmonson, Prime Sponsor

Sunset Provision: No

Effective Date:

Expiration Date:

Registered Lobbyist:

None Listed

Legislative History
Acting Body	Date	Agenda Item	Action	Sent To	Due Date	Returned	Pass/Fail

Board of County Commissioners	2/5/2013	7H	Adopted				P
REPORT:	First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no comments or questions the Board proceeded to vote on the foregoing proposed ordinance as presented.

Infrastructure and Land Use Committee	1/16/2013	1F4	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Chairwoman Jordan opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Chairwoman Jordan opened the floor for questions or comments from members of the Committee. Pursuant to Commissioner Zapata’s question regarding the impact of this item, Mr. Eric Silva, Assistant Director, Development Services Division, Regulatory and Economic Resources (RER), explained that staff members were proposing an amendment to codify an interpretation that they had been using for membership club warehouses. He said that following a developer’s request to convert a warehouse located in a Business Zoning District into a Costco, staff members had difficulty determining whether this was allowed. Therefore, they decided to codify this practice to indicate that this type of conversion was allowed in a business district as well as in an industrial district. Commissioner Zapata asked how this would impact parking, as he assumed that parking was more intensive in membership clubs. Mr. Silva said that the Administration considered membership clubs as retail properties for parking purposes. Hearing no further questions or comments, the Committee members proceeded to vote on the foregoing proposed ordinance, as presented.

Board of County Commissioners	12/4/2012		Tentatively scheduled for a public hearing	Infrastructure and Land Use Committee	1/16/2013

Board of County Commissioners	12/4/2012	4G	Adopted on first reading		1/16/2013		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Infrastructure and Land Use Committee on Wednesday, January 16, 2013 at 2:00 p.m.

County Attorney	11/20/2012		Assigned	Craig H. Coller		11/20/2012

County Mayor	11/20/2012		Assigned	County Attorney	12/4/2012
REPORT:	RER (first reading) - Comm. Edmonson sponsor - pending cmte

County Mayor	11/20/2012		Assigned	Jack Osterholt		11/20/2012

Legislative Text

TITLE
ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-253 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA, PERTAINING TO USES PERMITTED IN THE LIBERAL BUSINESS DISTRICT; PROVIDING FOR MEMBERSHIP WAREHOUSES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:

Section 1. Section 33-253 of the Code of Miami-Dade County, Florida is hereby amended to read as follows:

Section 33-253. � Uses permitted.

No land, body of water and/or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, occupied or maintained for any purpose in any BU-2 District except for one (1) or more of the following uses:

(1) All uses permitted in the BU-1 and BU-1A Districts except that residential uses are subject to approval at a public hearing.

>>(10) Warehouse, membership.<<

Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder if this ordinance shall not be affected by such invalidity.
Section 3. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provision of this ordinance, including any sunset provision, shall become and be made part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word �ordinance� may be changed to �section�, �article�, or other appropriate word.
Section 4. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.

HEADER
Date:

To: Honorable Chairman Joe A. Martinez
and Members, Board of County Commissioners
From: Carlos A. Gimenez
Mayor
Subject: Proposed Zoning Ordinance Providing for Membership Warehouses in the BU-2 (Liberal Business) Zoning District

STAFF RECOMMENDATION
Recommendation
It is recommended that the Board of County Commissioners (Board) adopt the attached zoning ordinance providing for membership warehouses in the BU-2 (Liberal Business) zoning district.

Scope
Unincorporated Miami-Dade.

Fiscal Impact/Funding Source
The proposed ordinance creates no fiscal impact on Miami-Dade County.

Track Record/Monitor
Not applicable.

MANAGER'S BACKGROUND
Background
Section 33-1 of the Zoning Code defines membership warehouses as a use designed and operated for warehousing and sale of merchandise at retail and wholesale prices to members. Costco, Sam�s Club and BJ�s are example of membership warehouses. The Zoning Code expressly provides for membership warehouses, under certain conditions, only in the IU-1 (Industrial) zoning district. The purpose of the proposed ordinance is to codify a historic interpretation of the Code that allowed membership warehouses in the BU-2 (Liberal Business) zoning district. The proposed ordinance is consistent with the policies and interpretative text of the CDMP.

____________________________
Jack Osterholt
Deputy Mayor