HomeMy WebLinkAbout2022-007-448_-_Special_Exception_Text_Amendment_-_Adopted.docxORDINANCE NO. 2022-007-448
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ARTICLE II, SECTION
34-53 "COMMENCEMENT OF DEVELOPMENT"; ARTICLE IX.
SECTION 34-287 "USE REGULATIONS, GENERALLY";
ARTICLE IX. SECTION 34-288 "USES PERMITTED WITH
EXTRA REQUIREMENTS"; ARTICLE XI. SECTION 34-342.
TABLES FOR DEVELOPMENT STANDARDS”; ARTICLE XIV.
SECTION 34-444. “LANDSCAPE, BUFFERING MINIMUM
STANDARDS”; AND ARTICLE XIX. SECTION 34-733 "MASTER
USE LIST AND USE DEFINITIONS" AS OUTLINED ON EXHIBIT
“A” ATTACHED HERETO; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Miami Gardens adopted its own Land Development
Regulations (LDR) in 2010, and
WHEREAS, it is common for municipalities to periodically review the LDR in order
to adapt to changing land use needs, incorporate new uses and eliminate outdated ones,
address unforeseen issues or challenges not previously anticipated, eliminate
redundancy, improve organization and to streamline and simplify language contained
within the LDR since its initial adoption, and
WHEREAS, staff is proposing to update sections of the code primarily pertaining
to Special Exception uses,
WHEREAS, the sections of the code to be updated and amended include Article
II, Section 34-53 "Commencement of Development"; Article IX, Section 34-287 "Use
Regulations, Generally"; Article IX, Section 34-288, "Uses Permitted With Extra
Requirements"; Article XI, Section 34-342, Tables for Development Standards”; Article
XIV, Section 34-444 “Landscape, Buffering Minimum Standards”; and Article XIX, Section
34-733, "Master Use List and Use Definitions", and
WHEREAS, the City Council previously adopted a Moratorium relating to Fueling
Stations and the City in order for the City Manager to review the current standards, and
WHEREAS, this issue has been studied and staff is recommending that all fueling
stations in the City be approve by a special exception permit,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
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Ordinance No. 2022-007-448
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 II, Section 34-53 "Commencement of
Development"; Article IX, Section 34-287 "Use Regulations, Generally"; Article IX,
Section 34-288, "Uses Permitted With Extra Requirements"; Article XI, Section 34-342,
Tables for Development Standards”; Article XIV, Section 34-444 “Landscape, Buffering
Minimum Standards”; and Article XIX, Section 34-733, "Master Use List and Use
Definitions" of the Code of Ordinances is hereby amended as outlined in 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.
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.
Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately
upon its final passage.
PASSED AND CARRIED ON FIRST READING BY THE CITY COUNCIL OF THE
CITY OF MIAMI GARDENS AT ITS REGULAR MEETING ON MARCH 09, 2022
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON MARCH 23, 2022.
________________________________
RODNEY HARRIS, MAYOR
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Ordinance No. 2022-007-448
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Councilwoman Julien
Seconded by: Councilman Stephens
VOTE: 6-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro absent
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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