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HomeMy WebLinkAbout2022-003-444_-_LDR_-_Retail_Sales_Discount_-_Adopted.docxORDINANCE NO. 2022-003-444 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE IX SEC. 34- 287- TABLE 1 OF THE LAND DEVELOPMENT REGULATIONS TO CREATE A USE FOR RETAIL SALES DISCOUNT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Miami Gardens is a flourishing City that has and is attracting developments that will benefits its residents by giving them a variety of shopping experiences, and WHEREAS, in recent years, discount retailers have located to the City, and while these businesses serve a need in the community and should not be prohibited, the City Council wants to ensure that there is not an over proliferation of these businesses in the City, and WHEREAS, Councilman Robert Stephens is recommending that the City amend its Zoning Code to require special exception approval for retail discount stores less than 12,000 square feet, so that prior any new businesses meeting this definition, locating in the City, City Council approval will be needed, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: Article IX Sec. 34-287- table 1 of the Land Development Regulations is hereby amended to create a use for “retail sales discount” as shown on Exhibit “A” attached hereto. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. DocuSign Envelope ID: 4C07ACC4-FC37-441C-B057-59E3117877C3 Page 2 of 2 Ordinance No. 2022-003-444 Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 26th DAY OF JANUARY, 2022. PASSED ON SECOND READING ON THE 9th DAY OF FEBRUARY, 2022. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY 9, 2022. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: COUNCILMAN ROBERT STEPHENS AND COUNCILWOMAN LINDA JULIEN Moved by: Vice Mayor Leon Seconded by: Councilman Stephens VOTE: 7-0 Mayor Harris Yes Vice Mayor Leon Yes Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Stephens, III Yes Councilwoman Wilson Yes DocuSign Envelope ID: 4C07ACC4-FC37-441C-B057-59E3117877C3