Ord No 07-13-2154ORDINANCE NO. 7 -1 3 -21 54
An Ordinance amending Section 20- 3.3(D) of the City of South Miami's Land Development
Code to allow automobile repair work as a special use in the GR and TODD LI -4 Zoning
Districts.
WHEREAS, at one time automotive repair facilities were authorized in the GR zoning district, and
currently there is an existing automotive repair shop that is now a non - conforming use; and
WHEREAS, the adjoining service station also had automotive repair as a service to their patrons; and
WHEREAS, the automotive repair facility located at 6360 South Dixie Highway would like to reestablish
the use of the empty repair bays at the adjacent service station; and
WHEREAS, it would not be necessary for any additional construction to either facility; and
WHEREAS, the special use approval process, with their built in safeguards, would provide protection
against detrimental effects of the use within inappropriate locations in the district.
WHEREAS, on January 10, 2013 following a public hearing, the Planning Board voted unanimously to
recommend approval of the amendment by adding a new permitted use within the GR zoning district; and
WHEREAS, although Automobile Repair and Body Shop is a special use within the TODD LI -4 zoning
district, the Planning Board felt "Automobile Repair" should be added to the TODD LI -4 zoning district for
consistency.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1: Section 20- 3.3(D) of the City of South Miami's Land Development Code shall hereby be
amended to read as follows:
20 -3.3 - Permitted use schedule.
(C) Permitted Use Schedule.
(6) Location of Permitted "SR" District Uses. In the "SR" Specialty Retail District, permitted retail uses
shall be located only on first and second floor building levels, permitted office uses only on second floor
building levels, and permitted residential uses only on second floor building levels or above.
Note: Subsection (E) deleted and Standard Industrial Classification Column deleted from the Permitted
Use Chart on August 21, 1990 by Ord. No. 11 -90 -1451.
SECTION 20- 3.3(D)
PERMITTED USE SCHEDULE
Ord. No. 7 -13 -2154
P
=
PERMITTED BY RIGHT
S
=
PERMITTED AS SPECIAL USE
COND
=
SPECIAL USE CONDITIONS (See Section
20 -3.4
PARK
=
PARKING REQUIREMENTS (See Section
20- 4.4(B))
X
=
No conditions were adopted
USE TYPE
ZONING
DISTRICT
R
0
L
0
M
0
N
R
S
R
G
R
M
U
A
H
T
0
D
D
M
U
4
T
0
D
D
M
U
5
T
0
D
D
L
I
4
T
0
D
D
P
I
T
0
D
D
P
R
H
P
1
P
R
C
0
N
D
P
A
R
K
BUSINESS AND PROFESSIONAL SERVICES
Accessory Medical Services
P
P
P
Is
18
7
Accounting and Auditing Services
P
P
P
P
P
P
P
P
10
Acupuncturist
P
P
P
P
P
P
P
P
9
Advanced Registered Nurse Practitioner
P
P
P
P
P
P
9
Advertising Agency
P
P
P
P
P
P
P
P
10
Animal Hospital or Veterinarian
S
S
S
S
P
21
12
Architectural Services
P
P
P
P
P
P
P
P
10
Automobile Parking Structure
P
P
P
Automobile Rental Agency
S
S
22
11
**
Automobile Repair and Body Shop
S
11
Automobile Repair
S
S
11
Automobile Upholstery and Top Shop
S
11
Automobile Washing /Detailing Operations
IS
10
11
Ord. No. 7-13-2154
Section 2: Codification. The provisions of this ordinance shall become and be made part of the Code of
Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or
re- lettered to accomplish such intention; and that the word 'ordinance" may be changed to "section" or other
appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
remaining portions of this ordinance.
Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of
sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to
repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two
ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize
the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two
ordinances shall be repealed.
Section, 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this 5 th day of February , 2013
ATTEST:
CITY CLERK
1 sc Reading - 1/22/13
2" a Reading- 2/ 5/ 13
READ ANDA- PPROVED AS TO -ORM:
APPROVED:
i l FA —
a:' `
CK67uIuIM- [G] NT[91yM
LEGALIT/Y Mayor Stoddard:
THERE Vice Mayor Liebman:
Commissioner Newman
Commissioner Harris:
Commissioner Welsh:
RNEY /`
5 -0
Yea
Yea
Yea
Yea
Yea
South Miami
All•Amedea City
1
. �N�O CITY OF SOUTH MIAMI �w
ID
Rt9 OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001 .
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Steven Alexander, City Manager
From: Christopher Brimo, AICP
Planning Director
Date: January 22 2013 ITEM No.
SUBJECT
An Ordinance amending Section 20- 3.3(D) of the City of South Miami's Land Development
Code to allow automobile repair work as a special use in the GR and TODD L14 Zoning
Districts.
SUMMARY OF REQUEST
Currently, the Land Development Code, Section 20- 3.3(D), Permitted Use Schedule, does not
permit Automotive Repair within the GR - General Retail Zoning District. The use category,
Automotive Repair and Body Shops, are only permitted within the TODD LI -4 district, and only
after a special use review and approval.
The city's adopted zoning map currently has four (4) GR zoning districts. Three (3) of these
districts are located along SW 40th Street, between SW 57th Avenue (Red Road) and SW 65th
Avenue (please refer to the graphic below.) There are currently no Automotive Repair facilities
within the City's boundaries along this corridor. These GR districts are primarily retail strip
centers. There are two automotive repair facilities between 64th and 65th Avenues, but these are
located within unincorporated Miami -Dade County.
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The fourth GR zoning district is located along South Dixie Highway, between SW 61st Avenue
and SW 80th Street, the City's southern municipal boundary. This area is comprised primarily of
various retail, office and restaurant uses. Within this area south of 63rd Avenue there is currently
one automotive repair facility (Dixie Auto Service), located at 6360 South Dixie Highway. This
facility has been in existence for over 30 years and is now considered a legal nonconfonning use.
Additionally, adjacent to this business is the BP service station that according to the occupational
license record, used to have a license to conduct automotive repairs in their existing bays. It is
page 2 of 2
my understanding that this license lapsed (greater than 6- months). Since the use "Automotive
Repair" is currently not permitted in the GR zoning district, the former repair facility at the BP
station is now considered an abandoned use.
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At the January 10, 2013 Planning Board meeting, the Board discussed the proposal; staff
recommended that "body shops" be excluded from this category thereby creating a new use in
the permitted use schedule solely for automobile repairs. Following a public hearing on the
application PB -13 -001, the Board voted unanimously to recommend an amendment to the Land
Development Code to allow by special use, "Automobile Repair" in the GR zoning districts.
Although "Automobile Repair and Body Shop" is a special use within the TODD LI -4 zoning
district, the Planning Board felt "Automobile Repair" should be added to the TODD LI -4 zoning
district as well for consistency.
Z:ACommission items\2013 \1 -22- 13\20- 3.3(D) GR Amendmeni_Auto RepairTermitted Use Amendment—Automotive Repair—CM Report.doc
City of South Miami Ordinance No. 08 -06 -1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44 -08 -1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection of professional consultants, and
virtually all - legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mr. Cruz (Vice - Chairman), Dr. Philips, Dr. Hauri, Mr. Fernandez and
Mr. Vitalini.
Board Member absent: Mr. Dundorf.
City staff present: Mr. Christopher Brimo (Planning Director) and Ms. Tiffany Hood (Office
Support).
City staff absent: Mr. Marcus Lightfoot (Permit Facilitator)
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
The number of members that constitute a quorum is now four members.
IV. Public Hearings
1.PB -13 -001
Applicant: City of South Miami
An Ordinance amending Section 20- 3.3(D) of the City's Land Development Code,
Permitted Use Schedule, adding Automotive Repair and Body Shop as a special use within
the GR - General Retail Zoning District.
Applicant: City of South Miami
Mr. Cruz read the item into the record.
Z:\PB\PB Minutes \2013 Minutes \PB Draft Regular Meeting Minutes - 01 -10 -13 Excerpt P13 13- 00l.doex Page 1 of 2
Mr. Brimo presented the item to the Board.
The Chairman Opened the Public Hearing.
NAME ADDRESS SUPPORT
Jorge Millian Resident
He stated that he is the manager at Dixie Auto Shop and they would like to get the auto repair at
the BP up and going again to provide jobs and service the community.
The Chairman Closed the Public Hearing.
Dr. Whitman stated that GR allows almost everything as opposed to other areas. He also stated
that he does not have an issue with this proposal.
Mr. Vitalini asked Mr. Brimo to explain the map to him. Mr. Brimo then explained the chart and
the map to the board: Mr. Cruz asked the shop owner what is it that they plan on doing there will
there be any expansion. The shop owner replied that they are going to use the existing bays and
lifts there for their overflow. He then stated that they have also leased the Midas shop for the last
nine years and started leasing the BP as a convenience store within the last four years. Mr. Cruz
then asked if the bays are in currently in use. The shop owner replied that the bays are only used
for storage, they are not in use due to the licensing process through the City of South Miami and
secondly the Department of Environmental Resources Management (DERM).
The Board held a discussion on the proposed amendment.
Motion: Mr. Cruz motioned to add a line item that states Automotive Repair as a special use
approving the item. This motion was seconded by Mr. Fernandez.
Mr. Brimo stated that the s will be striked of the proposed and a new line will be created adding s
and the s will be carried over to the TODD Ll district as well.
Vote: Approved: 5 Opposed: 0
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Vitalini: Yes
Mr. Cruz: Yes
Mr. Fernandez: Yes
Dr. Hauri: Absent for the vote
V. Future Meeting Dates: Tuesday, January 29, 2012
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 8:50 PM.
Z: \PB\PB Minutes \2013 Minutes \PB Draft Regular Meeting Minutes - 01 -10 -13 Excerpt PB 13- 00l.docx Page 2 of 2
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - FEB. 5, 2013
in the XXXX Court,
was published in said newspaper in the issues of
01/2512_013
Afflant further says that the said Miami Daily Business
Review Is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mall matter at the post
office In Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and afffant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing4lis adv a ent for publication in the said
newsp r. j1
Sworn to and su4w4it>ed°brsf4re me this
2013
Zk <) ro »„ ' B - MARIA MESA
Notary Public - State of Florida
O.V. FERBEYRE persona c i My Comm. Expires Mar 4, 2016
Commission # EE 168275
Bonded Through National Notary Assn.
�,aur�r
a, y
U
INCOaPONAY¢p �
Qtt1O
CITY OF SOUTH MIAMI
NOTICE_ OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the itCi f
South Miami, Florida will conduct Public Hearing() regular City
Commission meeting scheduled for Tuesday February 5. 2013 .
beginning at 7;30 p.m., in the City Commission Chambers, 6130 Sunset
Drive, to consider the following item(s):
A Resolution authorizing the City Manager to execute an
agreement, not to exceed a term of three years, with the law firm
of Nabors, Giblin & Nickerson, P.A., to represent the City of
South Miami during the negotiations of the franchise renewal
agreement with FPL.
A Resolution authorizing the City Manager to enter Into the
Community space Lease Agreement with Miami -Dade County
for lease of 6701 SW 62 Avenue, South Miami, Florida for one
(1) year with, a one (1) option to renew.
An Ordinance relating to public records; amending the City of
south Miami Code of Ordinances Section 2 -18, (a) through (g)
entitled imaging and destruction of public
records ".
An Ordinance relating to lobbyists; amending the City of South
Miami Code of Ordinances Section 8A -5, (c) ( ) entitled
"Registration and filing requirements ", and ® (6) entitled "Fees ",
and, (d) (1) 'List of expenditures ".
An Ordinance amending the Section 20- 3.3(D) of the City's Land
Development Code adding Automotive Repair and Body Shop
as a special use within the GR - General Retail Zoning District.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's
Office at: 305 -663 -6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that it a person decides to appeal any decision made by this
Board, Agency or Commission with respect to any matter considered at
its meeting or hearing, he or she will need a record of the proceedings,
and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal is to be 3.3 26512020630M
1/25
THE MIAMI HER I MiamiHerald com - -- -
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SE SUNDAY, JANUARY 27,'2013,1 ' 219E
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