Miami-Dade Legislative Item
File Number: 172812
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File Number: 172812 File Type: Ordinance Status: In Committee
Version: 0 Reference: 18-14 Control: County Commission
File Name: HOME IMPROVEMENT PRODUCTS AND CENTERS Introduced: 12/6/2017
Requester: NONE Cost: Final Action: 2/6/2018
Agenda Date: 2/6/2018 Agenda Item Number: 7H
Notes: Title: ORDINANCE RELATING TO ZONING; AMENDING SECTIONS 33-247 AND 33-259 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING HOME IMPROVEMENT CENTERS AND HOME IMPROVEMENT WAREHOUSES TO ESTABLISH ADDITIONAL OUTDOOR DISPLAY AREAS; AUTHORIZING HOME IMPROVEMENT CENTERS AND HOME IMPROVEMENT WAREHOUSES TO SELL PRODUCTS OUTSIDE OF ENCLOSED BUILDINGS DURING A DECLARED STATE OF EMERGENCY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: ZONING
Sponsors: Joe A. Martinez, Prime Sponsor
  Daniella Levine Cava, Co-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 2/6/2018 7H Adopted P
REPORT: First Assistant County Attorney Geri Bonzon Keenan read into the record the title of the foregoing proposed ordinance. Commissioner Moss expressed his concerns for allowing outdoor display areas in front of home improvement centers and warehouses that had the potential to turn into outdoor free markets, and he asked that the County Administration ensure that those outdoor display areas were maintained under control. Assistant County Attorney Dennis Kerbel advised the zoning director had stipulated that outdoor displays were not allowed without having applied for an administrative site plan review process. Commissioner Martinez clarified it was only allowed during the timeframe of a state of emergency. Deputy Director Lourdes Gomez, Regulatory and Economic Resources (RER), advised that provision would be outside of the emergency timeframe; and the standards required by the administrative site plan review process were outlined in Section b on handwritten page 7. She explained the provisions contained under section b, how the department would ensure adherence to the provisions of the Miami-Dade Code, and the enforcement process. There being no other comments or objections, the members of the Board proceeded to take a roll call vote on the foregoing ordinance as presented.

Government Operations Committee 1/17/2018 1G3 Forwarded to BCC with a favorable recommendation following a public hearing P
REPORT: Assistant County Attorney Michael Valdes read into the record the foregoing proposed ordinance. Chairman Moss opened the public hearing and there being no one wishing to appear, the public hearing was closed. Commissioner Martinez explained large home improvement stores, such as Lowe’s and Home Depot, received merchandise shipments during States of Emergency and had no place to store those materials for customer’s needing to temporarily rebuild their homes. Therefore, he sponsored this legislation to assist those stores only during declared States of Emergency. Chairman Moss concurred with the need during a State of Emergency and asked how long the opportunity would be available to the residents Assistant County Attorney Dennis Kerbel explained the emergency provision stated outdoor sales must end once the State of Emergency was terminated; however, there was a provision in the ordinance that authorized some outdoor displays to operate year round, but it was limited to the area in front of the building. Commissioner Martinez asked if the proposed legislation could contain language that permitted the Board to extend outside product sales once the State of Emergency ended. Assistant County Attorney Kerbel noted it could be done legislatively or administratively and he would draft proposed legislation for Commissioner Martinez’s review. In response to Chairman Moss’ question regarding the process for companies requesting outdoor displays year round, Mr. Nathan Kogon, Assistant Director of Development Services, stated a non-use variance would have to be requested and, as reflected on an administrative site plan, the display area had to be located within 10 feet of the actual store front and was limited to no more than 40%. He also pointed out, in lieu of the proposed ordinance, a public hearing would have to be held in front of a community council. A discussion ensued regarding the enforcement and assurance of a tasteful presentation of merchandise where it was noted, if a request was made, the administrative site plan on record would show the appointed area. It was also pointed out if they violated the contract it would be an easier process for code compliance to enforce. Assistant County Attorney Kerbel clarified the proposed ordinance would not need an amendment to extend the deadline because the State of Emergency Ordinance, under 8B6, indicated the State of Emergency could be extended 30 days, and could be further extended by the Mayor or the BCC Chair. There being no further questions or comments, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners 12/19/2017 Tentatively scheduled for a public hearing Government Operations Committee 1/17/2018

Board of County Commissioners 12/19/2017 4B Adopted on first reading 1/17/2018 P
REPORT: County Attorney Abigail Price Williams read the title of the foregoing proposed ordinance into the record. The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Government Operations Committee on Wednesday, January 17, 2018, at 1:30 p.m.

County Attorney 12/6/2017 Referred Government Operations Committee 1/17/2018

County Attorney 12/6/2017 Assigned Dennis A. Kerbel 12/12/2017

Legislative Text


TITLE
ORDINANCE RELATING TO ZONING; AMENDING SECTIONS 33-247 AND 33-259 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; AUTHORIZING HOME IMPROVEMENT CENTERS AND HOME IMPROVEMENT WAREHOUSES TO ESTABLISH ADDITIONAL OUTDOOR DISPLAY AREAS; AUTHORIZING HOME IMPROVEMENT CENTERS AND HOME IMPROVEMENT WAREHOUSES TO SELL PRODUCTS OUTSIDE OF ENCLOSED BUILDINGS DURING A DECLARED STATE OF EMERGENCY; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, ensuring adequate availability of hardware and other supplies in preparation for and recovery from natural disasters or other emergencies, such as occurred when Hurricane Irma hit South Florida in September 2017, is important to the public health, safety, and welfare of Miami-Dade County and its residents; and
WHEREAS, the County’s Zoning Code generally requires that goods be sold from within enclosed buildings; and
WHEREAS, Chapter 8B of the County Code provides for the declaration of a Local State of Emergency; and
WHEREAS, this Board wishes to create a limited exception for home improvement centers and home improvement warehouses, which tend to be large facilities with ample parking lots, to sell supplies outside of enclosed buildings during Local States of Emergency; and
WHEREAS, this Board also wishes to provide for greater flexibility in outdoor display areas for such facilities generally,
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-247 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-247. - 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, maintained or occupied for any purpose in any BU-1A District, except for one (1) or more of the following uses:

* * *
(24.1) Home improvement centers, subject to the conditions enumerated below. As used herein, a home improvement center is a facility engaged in the retail sale of a variety of home improvement products, including hardware, appliances, cleaning supplies, construction supplies, electrical and plumbing fixtures and supplies, paint and wall coverings, lumber, pool supplies, and tools as well as lawn and [[graden]] >>garden<< supplies. As an accessory use, a home improvement center may offer the short-term rental of tools, compressors, chain saws, ladders, post-hole diggers, hand trucks and similar light equipment as well as trucks (subject to the limitations set forth below). Additionally, a home improvement center may perform customer-requested cutting of pre-cut wood products and other products offered for sale, provided such cutting is done within the roofed area of the principal building.
(a) Lawn, garden and pool supplies may also be stored, displayed and sold from attached areas with or without a solid roof, subject to the following limitations:
(1) such storage, display and sales areas does not exceed [[thirty-five percent (]] 35 >>percent<< [[%)]] of the home improvement center's gross building floor area; and
(2) all such storage, display and sales areas must be enclosed by a solid masonry wall or ornamental metal picket fence or combination thereof, a minimum of eight [[(8)]] feet in height. The items stored within these areas shall not exceed the height of the wall or metal picket fence. Openings for ingress and egress purposes, restricted to the narrowest width necessary, are permitted, subject to >>administrative<< site plan review; and
(3) setbacks as required for the principal building shall apply to all storage, display and sales areas; and
(4) parking for the home improvement center, including such storage, display and sales areas, shall be provided in accordance with Section 33-124(h)(3.1) herein.
(b) >>Notwithstanding paragraph (a) above, a display area may be established outside of an enclosure, after administrative site plan review, where:
(1) the display area abuts one of the building’s walls;
(2) the display area is limited to no greater than 40 percent of the lineal building’s frontage where the display area is located;
(3) displayed items are within 10 feet of the building; and
(4) all accessible pedestrian circulation is maintained.
(c)<< The rental of trucks for the convenience of customers purchasing items only shall be permitted at home improvement centers with greater than [[one hundred thousand (]] 100,000 [[)]] square feet of gross floor area, subject to the following limitations:
(1) The total number of trucks available for rental shall not exceed five [[(5)]];
(2) The location of storage areas for rental trucks shall be subject to site plan review;
(3) Storage areas for rental trucks shall not utilize any of the facility's minimum required parking spaces; and
(4) ?No repairs or maintenance of rental trucks shall take place on the premises.

>>(d)<< Loading dock facilities for the purpose of supplying the home improvement center shall be oriented away from adjacent residential zoning districts unless screened from view by a masonry wall of not less than six [[(6)]] feet in height but not more than eight [[(8)]] feet in height.
>>(e) Notwithstanding any other provision of this chapter to the contrary, during the time that a Local State of Emergency has been declared pursuant to chapter 8B and is in effect, products may be sold outside of enclosed buildings, provided that all of the following conditions are satisfied:
(1) Vehicular circulation is not interrupted.
(2) Accessibility parking spaces are not reduced.
(3) Outdoor sales are only conducted in the interior of the site and are oriented away from public rights-of-way.
(4) Outdoor sales areas do not encroach in any minimum setback areas.
(5) Tents or other membrane structures that are greater than 10’ x 12’ in size shall obtain a building permit.
(6) The outdoor sales end when the Local State of Emergency is terminated.
(f) Variances to these requirements are subject to section 33-311(A)(4)(b) for non-use variances.<<

* * *

Section 2. Section 33-259 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:
Sec. 33-259. - Uses permitted.

No land, body of water or structure shall be used or permitted to be used and no structure shall be erected, constructed, moved or reconstructed, structurally altered, or maintained, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided herein, in IU-1 District, excepting for one (1) or more of the following:

* * *

(87.1) Home Improvement Warehouses—the sale of a variety of home improvement products, including hardware, construction supplies, electrical and plumbing fixtures, lumber, tools, and lawn and garden supplies to contractors, developers, and wholesale and retail consumers, subject to the following conditions:
(a) The subject use shall be located on a site having access on a major access road, including major roadways (three [[(3)]] or more lanes) and frontage roadways serving limited access highways and expressways, or on a minor roadway as depicted on the adopted Comprehensive Development Master Plan, Land Use Plan map, within one-quarter (¼) mile of that roadway's intersection with a major roadway;
(b) The short term rental of tools, compressors, chainsaws, ladders, post hole diggers, hand trucks and similar equipment and trucks (for the convenience of customers purchasing items) may only be provided as an accessory use;
(c) The subject use is permitted only as a freestanding structure on a site of [[twenty (]] 20 [[)]] acres or less and containing no less than 100,000 square feet of gross building floor area;
(d) Setbacks as required for the principal building shall apply to all storage, display, and sales areas;
(e) Parking shall be provided in accordance with Section 33-124(h)(3.1) of this chapter;
(f) Site plan review shall meet the criteria set forth in Section 33-261.1 of this article.
>>(g) Notwithstanding any other provision of this chapter to the contrary, a display area may be established outside of an enclosure, after administrative site plan review, where:
(1) the display area abuts one of the building’s walls;
(2) the display area is limited to no greater than 40 percent of the lineal building’s frontage where the display area is located;
(3) displayed items are within 10 feet of the building; and
(4) all accessible pedestrian circulation is maintained.
(h) Notwithstanding any other provision of this chapter to the contrary, when a Local State of Emergency has been declared pursuant to chapter 8B, products may be sold outside of enclosed buildings, provided that all of the following conditions are satisfied:
(1) Vehicular circulation is not interrupted.
(2) Accessibility parking spaces are not reduced.
(3) Outdoor sales are only conducted in the interior of the site and are oriented away from public rights-of-way.
(4) Outdoor sales areas do not encroach in any minimum setback areas.
(5) Tents or other membrane structures that are greater than 10’ x 12’ in size obtain a building permit, unless a state of emergency has also been declared pursuant to chapter 252, Florida Statutes.
(6) The outdoor sales end when the Local State of Emergency is terminated.
(i) Variances to these requirements are subject to section 33-311(A)(4)(b) for non-use variances.<<

* * *
Section 3. 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 4. It is the intention of this Board of County Commissioners, and is hereby ordained that the provisions of this ordinance shall become and made part of the Code of Miami-Dade County, Florida. The section 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 5. 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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