Ord No 22-12-2138ORDINANCE NO. 22-12-2138
An Ordinance amending the City's Land Development Code Section 20-
3.3(D), Permitted use schedule to create a category for religious uses titled
"Religious" and zoning abbreviation for this zoning district with the letter
"R" and to establish the areas of permitted use by right and permitted
special use for this type of use.
WHEREAS, on November 1, 2011 the new comprehensive plan category
"Religious (Two- Story) was adopted by the City Commission on final reading
[Ordinance 35 -11- 2108]; and
WHEREAS, at a City Commission meeting in March 2012, it was requested that the text
amendments for religious institutions be moved to the Planning Board, acting in its capacity as
the Local Planning Agency (LPA), for application to specific properties on the City's Future
Land Use Map; and
WHEREAS, application No. PB -12 -015 (Fellowship Church) and application No. PB-
12 -016 (University Christian Church) was submitted to the Planning Board acting in their
capacity as the Local Planning Agency, said applications requesting to amend the official future
land use map of the City of South Miami by changing use category for property located at 6781
Sunset Drive, and 6750 Sunset Drive from Public Intuitional "PI" (4- story) to the new Religious
"R" (2- story) future land use category; and
WHEREAS, on June 19, 2012 following a public hearing, the Local Planning Agency
voted to recommend application of the new Religious land use category to Fellowship Church,
located at 6781 Sunset Drive, and University Christian Church, located at 6750 Sunset Drive;
and
WHEREAS, on August 7, 2012 following a public hearing, the City Commission
deferred final adoption of the proposed land use ordinance until the planning staff and the
Planning Board could review a proposed amendment to the City's land development code,
establishing a new religious zoning category and zoning map amendment; and
WHEREAS, on August 14, 2012 following a public hearing, the Planning Board
recommended approval of the proposed land development code amendment establishing a new
Religious zoning category and zoning map amendment from Public Institutional "PI ", to
Religious "R ", for the properties located at to 6781 Sunset Drive (Fellowship Church), and 6750
Sunset Drive (University Christian Church) by a vote of 5 ayes 1 nay.
NOW, THEREFORE,
BE
IT ORDAINED
BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY
OF
SOUTH MIAMI,
FLORIDA:
Section 1. Section 20- 3.3(D), Permitted use schedule is hereby amended as follows:
20 -3.3 - Permitted use schedule.
Pg. 2 of Ord. No. 22 -12 -2138
SECTION 20- 3.3(D)
PERMITTED USE SCHEDULE
P
=
PERMITTED BY RIGHT
S
=
PERMITTED AS SPECIAL USE
COND
=
I
SPECIAL USE CONDITIONS (See Section 20 -3.4
PARK
=
I
PARKING REQUIREMENTS (See Section 20- 4.4(B))
X
=
S
No conditions were adopted
USE TYPE
ZONING
DISTRICT
13
1
R
R
R
R
R
R
R
L
R
R
L
M
N
S
G
M
T
T
T
T
T
H
P
-' P
C
P
S
S
S
S
S
T
T
R
M
O
O
O
R
R
R
0
0
0
0
0
0
1
,R. „
R
O
A
Convalescent Home
1
2
3
4
5
6
9
M
2
I P
P
P
A
D
D
D
D
D
N
R
1
4
H
D
D
D
D
D
D
K
I
I
S
8
S
S
S
S
S
S
P
P
P
P
S
PIP
”;
23
10
M
M
L
P
P
Early childhood child care, Pre -K, Pre - School
U
U
I
I
R
P
P
y
P
P
4
5
14
Fraternal Organization or Private Club
S
S
S
S
S
P
PLANNED UNIT DEVELOPMENT RESIDENTIAL USES
S
S
S
S
S
S
S
S
S
S
S
S
ISIS
S
S
I
S
8
Governmental Administration
Boardinghouse
P
I
P
I
P
P
I
P
P
P
P
P
P
P
P
P
Hospital
Dwelling, Single - Family
P
P
P
P
P
P
P
P
P
S
S
14
5
17
1
P
P
P
P
P
P
P
P
P
—
Dwelling, Tourist
P
P
P
P
P
P
3
Museum, Library or Art Gallery
P
P
P
P
P
P
P
P
P
Dwelling, Townhouse
P`
P
P
P
P
S
P
P
P
P
P
17
2
Park or Playground, Public
P
P
P
P
P
P
P
P
P
P
P
P
.,;
P
P
P
P
P
P
,
P
Dwelling, Two - Family
P
P
P
S
P
,,`
17
1
S
S
S
S
S
S
S
S
S
S;
10
Dwelling, Multi- Family
P
P
S
I
P
I
P
P
P
P
�DUC;ATIONAL t3SES
\;
17
3
Community Residential Home, 7 or more
School, Elementary or Secondary
P
P
I P
P
P
P
S
S
S
S
1
S
';<
23
12
Group Home I Licensed (6 or less)
S
S
S
S
S
S
S
S
S
S
S
15
1
#SS
Group Home 11 Unlicensed (6 or less)
S
TPP
S
S
S
S
S
S
S
School, Private or Charter
S
S
S
S
S
S
S
23
12
TP
Home Occupation
P
P
P
P
P
P
P
P
P
P
P
S
S
S
S
23
12
Adult Congregate Living Facility
I
I
I
I
IS
S
I
IS1
S
S
S
13
1
Rw��
Church, Temple,
S
S
S
ISIS
S
S
4
6
Convalescent Home
I P
P
P
I P
P
P
13
Child Care Facility (7 or more children)
I
I
S
S
S
S
S
S
S
S
P
P
P
P
S
PIP
”;
23
10
Early childhood child care, Pre -K, Pre - School
P
P
P
P
P
P
P
P
Fraternal Organization or Private Club
S
S
S
S
S
P
P
P
P
S
S'
"
2
7
Governmental Administration
P
P
P
P
P
P
P
P
P
'k'
P
1
10
Hospital
S
14
5
Mobile Pet Grooming Service
P
P
P
P
P
P
P
P
P
—
—
Museum, Library or Art Gallery
P
P
P
P
P
P
P
P
P
P`
12
Park or Playground, Public
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
P
,
P
Social Services Agency
S
S
S
S
S
S
S
S
S
S;
10
�DUC;ATIONAL t3SES
School, Elementary or Secondary
S
S
S
S
S
';<
23
12
School (ancillary to pnncipal'use): Church
#SS
School, Private or Charter
S
S
S
S
23
12
School, Vocational
S
S
S
S
23
12
1 6
Pg. 3 of Ord. No. 22 -12 -2138
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 2nd day of
ATTEST:
TY CLERK
I st Reading - 9/ 4/ 12
2nd Reading- 10/2/12
October , 2012.
APPROVED:
ORM: COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
on
Yea
Yea
absent
Yea
Yea
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City
Via: Orlando Martinez de Castro, Acting City Manag
From Christopher Brimo, AICP
Planning Director Qr/
Date: September 4, 2012
BACKGROUND.
South Miaini
AHmedcaCAV
I lei
2001
The items before you for consideration involve four (4) zoning amendment ordinances that need
to be reviewed as a single package, which relate to a Comprehensive Plan Future Land Use Plan
and Map amendment establishing a new "Religious" category.
On July 24, 2012 the City Commission voted affirmatively on first reading of the proposed
amendment to proceed with the application of this "new" religious category to the City's Future
Land Use Map to two properties; Fellowship Church and University Christian Church. At that
time, the Commission requested that staff also proceed on a parallel track with the adoption of
land development regulations for this use. On August 7, 2012 prior to the public hearing and
final reading on this amendment, the Commission deferred both items until September 4, 2012.
The deferral was due in part to the fact that staff was bringing a land development proposal to the
Planning Board for review, and that one of the properties possibly affected, filed an objection to
the proposal and requesting a stay in the adoption until additional information could be presented
to the Commission.
On August 14, 2012 following a public hearing, the Planning Board recommended approval of
the proposed land development code amendment establishing a new Religious zoning category
and zoning map amendment from Public Institutional "Pl," to Religious "R," for the properties
located at to 6781 Sunset Drive (Fellowship Church), and 6750 Sunset Drive (University
Christian Church) by a vote of 5 ayes 1 nay; and
The proposal before you is a amendment to the City's Land Development Code that creates the
"Religious" category, and addresses religious facilities and their ancillary uses. Under the
current code, religious institutions are covered under the Public Institutional Category. Since the
City adopted both a "new" Public Institutional Land Use Category, which deleted the church
uses and school uses and created a new religious and educational categories, these uses were
broken out in the permitted use schedule Section 20- 3.3(D). The proposal amends three sections
of the land development code as follows: Section 20 -3.1 - Zoning use districts and purposes;
Section 20- 3.3(D) - Permitted use schedule; and Section 20 -3.4 - Special use conditions.
Additionally, the fourth proposed amendment applies the new "Religious" zoning district to the
two properties located at 6781 Sunset Drive, and 6750 Sunset Drive.
Page 2 of 9
PROPOSED AMENDMENTS
20 -3.1 - Zoning use districts and purposes.
(A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted
Comprehensive Plan, the City is hereby divided into twenty -nine (29) zoning use districts with
the symbol designations and general purposes listed below and permitted uses set forth in Section
20- 3.3(D) Standards shall be uniform throughout each zoning use district. District symbols and
names shall be known as:
Symbol
Name
RS-1
Estate Residential
RS -2
Semi - Estate Residential
RS -3
Low Density Single - Family
RS -4
Single - Family
RS -5
Single - Family (50' lots)
RT -6
Townhouse Residential
RT -9
Two - Family /Townhouse Residential
RM -18
Low Density Multi- Family Residential
RM -24
Medium Density Multi - Family Residential
RO
Residential Office
LO
Low- Intensity Office
MO
Medium- Intensity Office
NR
Neighborhood Retail
SR
Specialty Retail
GR
General Retail
TODD (MU -4)
Transit - Oriented Development District
(Mixed Use -4)
TODD (MU -5)
Transit- Oriented Development District
(Mixed Use -5)
TODD (LI -4)
Transit - Oriented Development District
(Light Industrial -4)
TODD (PI)
Transit- Oriented Development District
(Public /Institutional)
TODD (PR)
Transit - Oriented Development District
Recreation)
(Parks &
PUD -R
Planned Unit Development - Residential
PUD -M
Planned Unit Development -Mixed Use
PUD -H
Planned Unit Development - Hospital
HP -OV
Historic Preservation Overlay
HD -OV
Hometown District Overlay
CS -0V
Community Service Overlay
H
Hospital
P1
Public /Institutional
PR
Parks and Recreation
R
Religious
ZACommission ]tems\2012\9- 4- 12\Religious \Religious LDC and zoning map amendment—CM Report_8- 29- 12.docx
Page 3 of 9
(B) District Purpose Statements.
(1) "RS -1" Estate Residential District: The purpose of this district is to provide for estate type single -
family residential development located in a spacious rural -like setting which emphasizes the
preservation of open space. This district is appropriate in areas designated "Single- Family" on the
city's adopted Comprehensive Plan.
)R'rstloXt x The purpose of this district is to provide for seheela,
governmental facilities, utilities and eharehes and similar uses, with building heights and
intensities compatible with surrounding districts. This district is appropriate in areas designated
"Public and Semi - Public" on the city's adopted Comprehensive flan.
The purpose of this district is to provide for religious
facilities and uses and could also permit other ancillary uses implemented by the category, which
by design and construction are intended for organized worship and commonly related services,
such as educational, recreational, and social services, including day care. Such ancillary uses shall
be subordinate to the principal use. Building heights shall not exceed the average of the
maximum permitted in the surrounding zoning districts, but in no case shall a building exceed
two stories. Zoning regulations could permit religious uses on sites not so designated by the
comprehensive plan.
[LEFT BLANK INTENTIONALLY]
ZACommission Items\ 2012 \9 -4 -12 \Religious \Religious LDC and zoning map amendment_CM Report_8- 29- 12.docx
Page 4 of 9
20 -3.3 - Permitted use schedule.
SECTION 20- 3.3(1))
PERMITTED USE SCHEDULE
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
S
1
R
S
2
R
S
3
R
S
4
R
S
5
R
T
6
R
T
9
L
R
M
1
8
R
M
2
4
R
O
L
O
M
O
N
R
S
R
G
R
M
U
A
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T
0
D
D
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U
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T
0
D
D
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T
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4
T
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D
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D
P
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1
P
R
C
O
N
D
P
A
R
K
PLANNED UNIT DEVELOPMENT RESIDENTIAL USES
S
SIB
S
S
S
S
S
S
S
S
S
S
S
-SISI
I
I
Isl
0
Boardinghouse
I
P
P
P
IP
PIP
P
Dwelling, Single - Family
P
P
P
P
P
P
P
P
P
S
17
1
Dwelling, Tourist
P
P
P
P
P
P
3
Dwelling, Townhouse
P
P
P
P
S
P
P
P
P
P
17
2
Dwelling, Two - Family
P
P
P
S
P
17
1
Dwelling, Multi- Family
P
P
S1
P
P
P
P
P
17
13
Community Residential Home, 7 or more
P
P
P
P
I P
IP
1
Group Home I Licensed (5 or less)
S
S
S
S
S
S
S
S
S
S
S
S
S
15
1
Group Home II Unlicensed (5 or less)
S
S
S
S
S
S
S
S
S
S
SSS
i5
1
Home Occupation
P
P
P
P
P
P
P
P
P
P
P
P
P
P
1
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I
S
S
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I
S
S
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P
P
P
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P
P
13
Child Care Facility (7 or more children)
S
S
S
S
S
S
S
S
P
P
P
P
S
P
23
10
Early childhood child care, Pre -K, Pre- School
P
P
P
P
P
P
P
P
Fraternal Organization or Private Club
S
S
S
S
S
P
P
P
P
S
S
12
17
Governmental Administration
IP
P
P
P
P
P
P
P
P
P
1
110
Hospital
I
S
14
5
Mobile Pet Grooming Service
P
P
P
P
P
P
P
P
P
—
Museum, Library or Art Gallery
P
P
I
1PIP
P
P
P
P
P
P
12
Park or Playground, Public
P
P
P
P
P
P
P
P
P
P
P
P
PPP
P
P
P
P
P
Ssheel- E- Iemeatary�esendarY
S
$
S
S
S
S
S
23
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School; Private- or- Gharter
S
S
S
S
S
S
23
49
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d
S
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23
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Social Services Agency
H
S
S
S
S
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S
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ZACommission Items\ 2012\9.4- 12U2eligious\Religious LDC and zoning map amendment_CM Report_8- 29- 12.docx
Page 5 of
20 -3.4 - Special use conditions.
Any of the following special uses may be approved and permitted by the city commission at a public
hearing, after a recommendation by the planning board, provided that such use is specifically listed as a
permitted special use in the appropriate district column in the Permitted Use Schedule (Section 20- 3.31)),
and that such use complies with the following general and special requirements and any other conditions
that the city commission may consider appropriate and necessary:
(B) Special Requirements.
(1) CHURCH, TEMPLE., MOSQUE OR SYNAGOGUE
(a) In RM -18, RM -24, and RO Districts, all such uses shall be located on a site of not less than two
(2) net acres in area.
(b) No structure shall be located less than one hundred (100) feet from any adjacent residential
district.
Lel Ancillary uses such as education, recreational and social uses shall be subordinate to the
principal use as a church.
ZACommission Items\ 201 2\ 9- 4- 12\Religious \Religious LDC and zoning map amendment—CM Report_8- 29- 12.doex
Page 6 of 9
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K
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
V. REYNOSO, who on oath says that he or she is the
LEGAL CLERK, 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 - OCTOBER 2, 2012
in the XXXX Court,
was published in said newspaper in the issues of
09/21/2012
Affiant 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 mail 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 affiant 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 securing this advertisement for publication in the said
newspa�per. /'
Sworn to and subscribed before me this
21
day of SEPTEMBER
,A.D. 2012
V. REYNOSO personally known to me
Bt THOMAS
Commission # DD 937532
Exorss November 2, 2013
Tani TMY Fait hiv=cs O a38s.rois