Ord No 35-11-2108ORDINANCE NO. 35-11-2108
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the text of the South Miami Comprehensive Plan, by amending
the Comprehensive Plan Future Land Use Element in order to adopt a new future
land use map category entitled "Religious (Two - Story ')," which could be applied to
development projects and properties providing religious facilities and could also
permit other ancillary uses implemented by the category, with building heights and
intensities compatible with surrounding, districts; providing for severability,
providing for ordinances in conflict; and providing an effective date.
WHEREAS, the Florida Legislature intends that local planning be a continuous
and ongoing process; and
WHEREAS, Section 163.3191, Florida Statues, directs local governments to
adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
policy guidance for growth and development; and
WHEREAS, On April 12, 2011, the City Commission held an advertised
workshop that initiated various text amendments to the South Miami Comprehensive
Plan; and
WHEREAS, the Local Planning Agency at its meeting on April 26, 2011 after
public hearing, adopted a motion by a vote of 5 ayes 1 nay recommending approval as
presented of the proposed amendment; and
WHEREAS, the City Commission desires to accept the recommendation of the
Local Planning Agency and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. The City Commission hereby approves amending the Comprehensive
Plan Future Land Use Element by adopting a new future land use map category entitled
"Religious (Two - Story)," which shall be included in Chapter 1 Future Land Use
Element and shall read as follows:
Religious (Two - Story)
without an amendment to this plan. Zoning regulations could permit religious uses on
sites not so designated by this plan. 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.
The
"religious
uses" land
use
category
is intended
to
be
applied
to development
projects
and
properties
providing
religious
facilities
and
could
also
permit other
ancillary
uses
without an amendment to this plan. Zoning regulations could permit religious uses on
sites not so designated by this plan. 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.
Ord, No. 35 -11 -2108
PP
Permitted heights, densities, and intensities shall be set forth as part of a corresponding
zoning use district in the Land Development Code subject to the following maximum
levels of development: maximum building height of two stories.
Section 2: 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 3: 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. The
sections of this ordinance may be renumbered or re- lettered to accomplish such intention;
and the word 'ordinance" may be changed to "section" or other appropriate word.
Section 4: Ordinances in Conflict. All ordinances or parts of ordinances and all
section 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. Therefore, only that portion that needs to be repealed to
harmonize the two ordinances shall be repealed.
Section 5: Effective Date. This shall beeeme „ofee fi..^tthe
expifation of ten days after °a^ ^f^ The effective date of this plan amendment, if the
amendment is not timely challenged, shall be 31 day after the state land planning agency notifies
the local government that the plan amendment package is complete. If timely challenged, this
amendment shall become effective on the date the state land planning agency or the
noncompliance is issued by the Administration Commission, this amendment may nevertheless
be made effective by adoption of a resolution affirming its effective status, a copy of which
resolution shall be sent to the state land planning agency.
Ord. No, 35 -11 -2108
PASSED AND ADOPTED thisl St day of November , 2011
ATTEST: APPROVED:
Y CLERK
1st Reading: V3/11
2nd Reading: 1/1/11
READ AN _ PROVED�A3 O FO 2M
kWWA
Commission Vote: 5 -0
Mayor Stoddard: Yea
Vice Mayor Newman: Yea
Commissioner Palmer: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
South Miami
Ali�lmeriCairiy
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MAINAGER
INTER -OF Fi CE..ME IVIORA NDUM
'Po:. The Honorable Mayor Stoddard and Members of the City Commission
Via: I-lector Mirabiie, Ph.D., City Maaaa °r
Fro-in: Christopher Brimo, AICP- �+
Planning Director
Bate: November 1, 2011
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida,, amending the text of the South Miami Comprehensive Plan, by amending
the Comprehensive Plan Future Land Use Element in order to adopt a new future
land use map. category entitled "Religious (Two- Story)," which could be applied to
development projects and properties providing religious facilities and could also
permit other ancillary uses implemented by the category, with building heights and
intensities compatible with surrounding districts; providing for severability,
providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REQUEST
The subject application is a Comprehensive Plan Future Land Use Element amendment
that was uutiated at a workshop held by the City Commission on April 12, 2011. At the
workshop, it was decided that the new future land use map category titled "Religious
(Two- Story)" be created so that religious uses would no longer belong as a sub- category
to Public/Institutional Uses.
The City Commission at its May 3, 2011 meeting passed on first reading, a new future
land use map category for "Religious (Two-Story)"; the proposal passed by a vote of 4 -1.
This .proposed amendment was transmitted to the Florida Department of Community
Affairs (DCA) and respective agencies pursuant to Section 163.3184 (2) and (3), Florida
Statutes, as part of an amenduumt package designated l'1 -IESR. The DCA. and
respective agencies ,found that the proposed amendment has no adverse impact. The City
may now adopt this proposed plan amendment. Upon .final adoption, the item will be
transmitted to the State pursuant to the requirements of Chapter 1.63, Florida Statutes It is
important to note that the effective date of the ordinance -has been amended with language
received from -the State, to reflect statutory requirements for expedited reviews. As
previously noted, the backup comments from the DCA. and respective agencies for the
amendment package 11 -lESR are attached to the firstoad,inance.
A change in the Comprehensive Plan Future. Land Use
Element can
-be
initiated by a
property owner, the Local Planning Agency and the City
Commission.
An
amendment to
2
the ,City's Comprehensive Plan document or the fature land use map category requires
the adoption of an ordinance by the city commission after receiving advise from the
City's 'Local P,Ianning, Agency Following adoption of the application by the City
Commission, the application package is then submitted to other agencies and the Florida
Department of Community Affairs (DCA) for review and approval. .
ANALYSIS: NATURE OF THE PROPOSED.USE
Currently, there is no definition listed in the Land Development Code for religion,
However, both the Webster's Seventh New Collegiate Dictionary as well as the website
for Merriam- Webster Dictionary defines religiose as follows:
Relidon. Apersonal set or institutionalized. system oy"religious attitudes, beliefs,
and practices
CURRENT LAND USE CATEGORY
The land use category that is currently in the Comprehensive Plan reads as follows:
T Institutional
• • • -�►
s
PROPOSED FUTURE LAND USE CATEGORY
Reli&us (Two - Saar*,)
exceed two stories.
Permitted heights, densities, and intensities shall be set forth as part of a correspond
zonirg. use district in the Land Development .Code subject to the following maximum
Ievels ofdevelopment:, maximum building _height oftwo stories.
NEW FUTURE LAND USE CATEGORY
In order to create an appropriate land: use category and zoning: district that would assist. in
implementing this service, the iPlanning. and Zoning, Department, working with the City
Commission have prepared a new fature land use element which could be applied to
The
"religious
uses"
land
use category is intended.
to
be
applied
to development
projects
and properties
providing
religious
facilities
and
could
also
permit other
ancillary
uses
implemented
by
the
category, with
building
her
is
and.
intensities compatible
with
exceed two stories.
Permitted heights, densities, and intensities shall be set forth as part of a correspond
zonirg. use district in the Land Development .Code subject to the following maximum
Ievels ofdevelopment:, maximum building _height oftwo stories.
NEW FUTURE LAND USE CATEGORY
In order to create an appropriate land: use category and zoning: district that would assist. in
implementing this service, the iPlanning. and Zoning, Department, working with the City
Commission have prepared a new fature land use element which could be applied to
areas that could allow for religious services. The following parameters were used to
develop the category:
L. The new land use category cannot.exceed the maximum of two {2) stories.
2. The maximum building height for the new land use category shall be as per the
following sub - parameters:
a. Compatible with the, surrounding and abutting properties and the immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Non - Residential Districts,
Section 20- 3.5(G) o,ftheLand.Development Code;
3. The maximum density for the new land use category shall be as per the following
sub - parameters:
a. Compatible with the surrounding and abutting properties and immediate
neighborhood;
b. Consistent with the zoning district that. the site is located in;
c. Consistent with the Dimensional Requirements for Non - Residential Districts;
Section 20- 3.5(G) of the Land Development Code;
4. Impact of the proposed use on the city's infrastructure; and
5. Is the amendment compatible with and does it advance the city's objectives and
policies contained in the comprehensive plan_.
If the "Religious {Two - Story)" category is approved and adopted by the City
Commission, the City can then proceed to change the Future Land Use Map by.applying
this category over appropriate properties.
V
EXCERPT OM LAND R'EVE'LOI'IVIENT CODE. SEC iION,20- 3.5(G)
Section 20 -3.5G
DIMENSIONAL, REQUIREMENTS
NONRESIDENTIAL DISTRICTS
REQUIRRUFNT
RO
LO
MO
NR
SR
OR
1
Min. Lot Size
Net Area (sq. ft.)
7,0000
7,500
10,000
7;500
5,000
10,000
5,000
Frontage (ft)
75
75
100
75
500
100
50
Min. Setbacks (ft.).
Front
25
20
15b
25
lob
20
20
Rear
20
15
10
15
10
15
Side (Interior)
10
10
0
—
—
—
Side(Street)
20
15
10
15
lob
15
15
Adj. Res. Dist.
25
25
25
25
25,
25
25
Side (wldriveway)
20
20
20
20
20
20
20
Between Buildings
20
20
20
—
—
—
—
Max. Building Height
Stories
2
2
4
2'
4
2
2
Feet
25
30
50
25
50
30
30
Max. Building
Coverage (%)
30
—
—
—
—
—
—
Max. Impervious
Coverage (%)
75
80
85
75
90
85
85
Max. Floor Area
:Ratio (FAR)
0.30
.70
1.60
.25
1.60
.80
.80
" 5' setback with wall opening adjacent to
rear property line; no
setback if no openings in
wall.
b Applies to ground floor only; columns
are permitted within the setback.
Columns shall not
be greaterthan 24
inches in
diameter;
columns on the property line shall not be closer
to each other than
10 feet..
c The frontage requirement does
not apply
to uses in
the SR District.
LOCAL I'I,ANNINC AGENCY RECOMMENDATION
The Local Planning; Agency at its meeting on April 26, 2011 after public hearing, adopted
a motion by a vote of 5 ayes. 1 nay ,('Whitman) recommending approval as presented of
the proposed amendment.
RE'COMMENDATI€FN
It is recommended_ that the amendment set forth above be adopted on final reading and
transmitted to the State.
Attachments:
Draft0rdinances
Public Notices.
CB 2.:1Comm ltems12011111 -1 -1 hFinal -Camp Plan Ord new ReligiouslFLU Religious Report.doc
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