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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 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 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 pg,,N,STITt)7ION "( tSE8 Adult Congregate Living Facility I S S SI I S S Sl 13 1 MR A• '> y. p• 1 ]i Ir a f�' ? \gk��5". �r Convalescent Home P P P I P 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 #2 School; Private- or- Gharter S S S S S S 23 49 Sst�ea� Vesatieaat d S SSSS 23 4.2 Social Services Agency H S S S S S S S S S S 10 School Elementary or Secondpry $ S S S S S S 23 - 12 S o € cila !. no us ti i�io C.e +h i } �>?itFc *«ii „k %;y�A:11F. , .Y �,5 .: ..) £t• # y , ,...: Q. +Y 1rZ, e °4 � �!Y fi' 1 ?a )I. f Halt alt'`i lam A 1 C.� L? School Private or Charter S S S SSS 22 12 School, Vocational S S S S S 5 23 12 RELIGIOUS 11SES 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 City of South Miami " Zonina Man ZACommission Items\ 2012 \9- 4- 12\Religious\Religious LDC and zoning map amendment_CM Report_8- 29- 12.docx 1 v I �t d u4 I ~� M a • :��d• •� �„�� VI� :r• • nu ,� . 1 l ^u" Ii• I! FF E `. • I � fNgfa4 � �', _ �• «I Idled t.Glf w vR Y i 'K' +"' ,.. '. IM :» ,., •.. 4.4 ww ;,, R a+ I' "c 4 YtlBwd'd 4 did it q T' 2i�dbNw _1.T:� .. YO'CYP d YF23 Y�i'aa,'r- �r:t ^T" ..e �m:JL YASk SOSS $fir yk4. 3 da .. "' •aa is d 8 0 k @ . + 7 .. Y 5 :.. ,(V ��+rr Mot 2 t d Y .: d' d 2 C Y 2 N € Y RO , E&PAiIYB }�{'M ,.� / i SY•t '•Y 2 La I.EGEND "a I RS•t WWOR"Witntlel TODD Transit Orienmd DovelopmuM MOO �R83 8001i X6161: Rebldoftl TOOD(MUA) M(tccd USO4 t RS•S LmvDrrmlly RwidenlW TODD LMUS) MLVed Use 5 R84 Sbrgle Family Resldendel TODD(LI.4) Ll(plllndUSine14 RS•S Single Family Residential TODD (PI) PubBcllnslilutlaut RT-8 Townlurusa RevAmdial TODD (PR) Peaks &RarOnkn r'` RT -0 Yw FprnAy2 TOwnhouso H Husphal RM.ee Lew�Dansily&WIIFFamily PI Pubk l Institutional .e RM -24 hl"win Dowily Muill.Family PR Parka &Racroaft, RO Resldenbnl 011ice PUD Plamad VADmiclament LO LovAedunsdy olfau PUO -R ResWoolbf MO Madlum- lnlmity OMw PUD•M Mixed Use 'HR Nelgbbmhaad ROW PUD�H HOSPNai d �SR SpeUalry Retail MR HD -0V Homuluwn Disblul Overby -- OR Cs Jkl Retail me8.OV eommumty Semen Overlay — L R ROGplo,�a EMHP•OV Historic Fimsefrellon Overlay eunnrv,uwwcex,.,•,',4Yr. e++raatawdxwvs.:e*.ps : m «.w " si:ne.' 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L 0 m t V+ W LT N .01 U N m 3 co N v ow) [n Or c U• mc m ro 'm SOO s -> 0. a a d y Oac>° . ti v . 3 o ° U �' E ) U - o 0 m m.a U D o m 0 CD w w iU .c o p U co O ° m a � rE m C U O 0 0 m .n .0 0 N m 0 (n m wr �E > � 0- m� O ai o N O 0 d (n d E O � o N O Y } N 00 d N O ' .^u o > a) E m " Q o E u o LLJ o m 0D o U OC � ca M p m m n° o ` C - m m e m o as E c E w O O C m 00 w Z IV 1J aN � � y � C N C c w d Cc m = C c m m a m S v +E m • -° ¢ L A m Z5 C) O ca_ d O d cn 02 co ? J 0 In o m ° m o m -° ° LL a m d 0 y ` Q ° 0 O .o E � p E > .> w w 'o ro 0 E 'o d D a1 0 <D d ¢ - ¢ Q n Y d m O Z U. cn U a m m A 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