Miami-Dade Legislative Item
File Number: 131312
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File Number: 131312 File Type: Ordinance Status: Adopted
Version: 0 Reference: 13-82 Control: Board of County Commissioners
File Name: RETAIL VEHICLE SHOWROOMS Introduced: 6/21/2013
Requester: NONE Cost: Final Action: 9/17/2013
Agenda Date: 9/17/2013 Agenda Item Number: 7B
Notes: Title: ORDINANCE PERTAINING TO ZONING; PROVIDING FOR VEHICLE RETAIL SHOWROOMS IN THE BU-2 ZONING DISTRICT AND IN THE STANDARD URBAN CENTER DISTRICT REGULATIONS; AMENDING SECTIONS 33-1, 33-253, AND 33-284.83 OF THE CODE OF MIAMI-DADE COUNTY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ZONING
Sponsors: Jose "Pepe" Diaz, 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 9/17/2013 7B Adopted P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no questions or comments, the Board proceeded to vote on this item as presented.

Land Use & Development Committee 8/28/2013 1F1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Abbie Schwaderer-Raurell read the title of the foregoing proposed ordinance into the record. Commissioner Bell opened the public hearing and called for persons wishing to be heard on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Hearing no questions or comments, the Committee members proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners 7/2/2013 Tentatively scheduled for a public hearing Land Use & Development Committee 8/28/2013

Board of County Commissioners 7/2/2013 4C Adopted on first reading P
REPORT: The foregoing proposed ordinance adopted on first reading and was scheduled for a public hearing before the Land Use Development Committee (LUDC) on Thursday, August 29, 2013, at 9:30 a.m.

County Attorney 6/21/2013 Referred Land Use & Development Committee 8/28/2013

County Attorney 6/21/2013 Assigned Dennis A. Kerbel

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING; PROVIDING FOR VEHICLE RETAIL SHOWROOMS IN THE BU-2 ZONING DISTRICT AND IN THE STANDARD URBAN CENTER DISTRICT REGULATIONS; AMENDING SECTIONS 33-1, 33-253, AND 33-284.83 OF THE CODE OF MIAMI-DADE COUNTY; 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 33-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-1. Definitions.

For the purpose of this chapter, the following definitions for terms used herein shall apply to all sections of this chapter unless the context clearly indicates otherwise:

* * *
(113) Vehicle. A conveyance for persons or materials.

>>(113.1) Vehicle Retail Showroom: retail showroom for sale of vehicles.

(113.2)<< [[(113.1)]] Warehouse, membership. A use designed and operated for warehousing and sale of merchandise at retail and wholesale prices to members.

* * *

Section 2. Section 33-253 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:

Sec. 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:

* * *

(9) Regional shopping centers.

>>(9.5) Vehicle Retail Showroom, provided that:
(1) no on-site vehicle storage/stock beyond the showroom is allowed; and
(2) no more than six (6) vehicles on site to be used for test drives purposes; and
(3) no test drive shall be conducted on residential local streets (fifty-foot wide rights-of-way); and
(4) no new, purchased vehicle deliveries at showroom are allowed.<<

(10) Warehouse, membership.

Section 3. Section 33-284.83 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:

Sec. 33-284.83. - Uses.

No land, body of water, or structure shall be used or permitted to be used, and no structure shall be hereafter erected, constructed, reconstructed, moved, structurally altered, or maintained for any purpose in the Urban Center (UC) or Urban Area (UA) Districts, except as provided in this article. The uses delineated herein shall be permitted only in compliance with the Regulating Plans and standards provided in this article. The following regulations outline permitted uses in the R (Residential), RM (Residential Modified), MC (Mixed-Use Corridor), MM (Mixed-Use Main Street), MO (Mixed-Use Optional), MCS (Mixed-Use Special), MCI (Mixed-Use Industrial), ID (Industrial District) and I (Institutional) Land Use Areas.

* * *

(B) Land Use Groups. The uses listed following each group in this section shall be permitted in the land use categories shown in Table (C) subject to the provisions noted for each land use category. Uses provided in Table (C) below not listed in this subsection shall be permitted subject to the provisions noted for each land use area. The Director shall have the authority to determine that a use not specifically enumerated below may nevertheless be permitted in a land use category because it is similar to an enumerated use.

* * *

(11) General Retail/Personal Service Establishments: Establishments that provide goods and services geared toward an individual consumer. This group shall include businesses such as: banks; beauty parlors; adult day care; bakeries; bookstores; apparel stores; grocery stores; pharmacies; tailor shops; health clubs; gift shops; indoor pet care centers/boarding and indoor kennels (soundproofed and air-conditioned building required); >>vehicle retail showrooms;<< and similar uses. This group shall also include schools offering instruction in dance, music, martial arts and similar activities, but this group shall not include colleges/universities. Except as otherwise authorized in this article, uses enumerated in the BU-3 zoning district shall only be permitted in the MCS and MCI categories and shall be subject to the public hearing and spacing requirements set forth in Section 33-255 of this chapter.

* * *

(C) Table of Permitted Uses. Unless the regulations for a specific urban center district provide otherwise, the Land Use Groups in paragraph (B) of this section shall be permitted in the R (Residential), RM (Residential Modified), MC (Mixed-Use Corridor), MM (Mixed-Use Main Street), MO (Mixed-Use Optional), MCS (Mixed-Use Special), MCI (Mixed-Use Industrial), ID (Industrial District) and I (Institutional) land use categories in accordance with the following table:

* * *

Footnotes:

* * *

8. General retail and personal service establishment shall be limited to forty thousand (40,000) square feet of ground floor area; a greater ground floor area for such uses shall only be permitted if approved as a special exception.
>>a. << Indoor pet kennels shall be permitted subject to the following conditions: (i) all kennel buildings shall be soundproofed and air-conditioned; (ii) where outside exercise runs are provided, a landscaped buffer or decorative masonry wall shall enclose the runs, and use of the runs shall be restricted to use during daylight hours; (iii) where outside exercise runs are not provided, an outside area shall be designated for dogs (or cats) to relieve themselves, and that area shall be enclosed by a landscape buffer or masonry wall; (iv) an administrative site plan review (ASPR) shall be required, and the site plan shall show all fencing, berms, and soundproofing designed to mitigate the noise impact of the kennel on the surrounding properties.
>>b. Vehicle Retail Showrooms shall only be permitted in accordance with the conditions set forth in Section 33-253(9.5) of this chapter.
c. << The following uses shall only be permitted if approved as special exceptions: on-site storage of vehicles; and outdoor pet kennels subject to the conditions set forth in Section 33-255(9.1) of this chapter, except that ASPR shall not be required if a site plan is approved upon public hearing.

* * *

Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a 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 6. 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.


1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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