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HomeMy WebLinkAbout2023-009-465_-_Amending_Permitted_Use_Table_for_Shopping_Centers_-_Adopted.docxORDINANCE NO. 2023-009-465 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION ARTICLE IX. – GENERALIZED SCHEDULE OF PERMITTED USES - USES PERMITTED WITH EXTRA REQUIREMENTS, SPECIAL EXCEPTION USES AND PROHIBITED USES, TO CREATE EXTRA REQUIREMENTS FOR SHOPPING CENTERS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE WHEREAS, Vice Mayor Katrina Wilson is proposing a Shopping Center Registration Ordinance, whereby Shopping Centers will be required to register with the City annually with the owner’s information and emergency contact information, and WHEREAS, in order to effectuate the Shopping Center Registration Ordinance, shopping centers need to be delineated in the Permitted Use table as a separate use with extra requirements, and WHEREAS, this Ordinance outlines the requirements for Shopping Centers in the Land Development regulations, 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: Section Article IX. – Generalized Schedule of Permitted Uses, Uses Permitted with Extra Requirements, Special Exception Uses and prohibited Uses is hereby amended as follows: Sec. 34-287. Use regulations, generally. Zoning Districts/Uses R-1 R-2 R- 15 R- 25 R- 50 NC BTO PCD EO OF I-1 I-2 PD AU GP Shopping Center* 50 P P P P P P Sec. 34-288. – Uses Permitted with extra requirements. DocuSign Envelope ID: 8146E777-750E-4F21-A70D-39BD6B708056 Page 2 of 3 Ordinance No. 2023-009-465 (50) Shopping centers shall be required to: i) Register in accordance with Chapter 6, Article XII of the Code of Ordinances. ii) Comply with the property maintenance provisions found in Chapter 16 Article III of the Code of Ordinances. Sec. 34-732. – Definitions of terms. Shopping Center means a building or buildings containing two or more stores that are used primarily for retail sales but may include commercial trade or professional uses. 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 CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed.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. PASSED ON FIRST READING BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING ON SEPTEMBER 13, 2023. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON SEPTEMBER 27, 2023. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK DocuSign Envelope ID: 8146E777-750E-4F21-A70D-39BD6B708056 Page 3 of 3 Ordinance No. 2023-009-465 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: VICE MAYOR KATRINA WILSON Moved by: Vice Mayor Wilson Seconded by: Councilwoman Julien VOTE: 6-0 Mayor Harris Yes Vice Mayor Wilson Yes Councilwoman Campbell Absent Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Leon Yes Councilman Stephens, III Yes DocuSign Envelope ID: 8146E777-750E-4F21-A70D-39BD6B708056