Ord. No. 14-06-1882ORDINANCE NO. 14-06-1882
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
NIIANII, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP
OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY PLACEMENT OF A
CS-OV, COMMUNITY SERVICE OVERLAY ZONING DISTRICT ON LOTS 7, 8, 27, 28, 29
AND 30 BLOCK A OF RESUBDIVISION OF BLOCKS 3 & 4 OF THE TOWNSITE OF
LARKINS LOCATED AT 5974 SW 66' STREET AND 5977 SW 66' TERRACE OVER THE
EXISTING RS-4 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT FOR THESE
PROPERTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN
CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Application No. PB -06 -012 was submitted to the Planning Department by the
Higher Praise & Worship Center, South Miami Church of God of Prophecy said application requesting to
amend City's Official Zoning Map and Sections 20 -9.1 and 20 -9.3 of the Land Development Code to
include in the Community Service Overlay District properties legally described as Lots 7, 8, 27, 28, 29
and 30, Block A of the Re-subdivision of the Townsite of Larkins from RS4 to RS- 4(CS -OV)
WHEREAS, after review and consideration, the Planning and Zoning Department recommended
approval of the application; and
WHEREAS, on May 9, 2006, after Public Hearing regarding the proposed amendment to the
Community Service Overlay District, Sections 20 -9.1 and 20 -9.3 of the Land Development Code, and to
the City's Official Zoning Map, the Planning Board approved the application by a vote of (5 -0); and
WHEREAS, the City Commission desires to accept the recommendation of the Planning Board
and enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -9.3, entitled Community Service Overlay District Boundaries of the
South Miami Land Development Code is hereby amended to read as follows:
Section 20 -9.3 Boundaries.
The properties in the Community Service (CS) overlay zoning district shall be delineated on the City's
Official Zoning Map with the symbol "CS -OV" and shown as darkened areas in Figure 20-9.1. the
properties are legally described as follows:
Lots 7, 8 and 12 of Block 1, PINES SUBDIVISION, according to the plat thereof, as recorded in
Plat Book 13 at Page 2 of the Public Records of Dade County, Florida; and, Lots 31, 32 and 33 of
Block 5, Lots 34, 35 and 36 of Block 6, and the alley lying between Lots 34 and 35, Lot 40, less
the west 15 feet thereof, Lots 41, 42, 43, 44, 45 and 46 of Block 7, and 4 feet of the alley lying
south and adjacent to Lot 46, Lots 70 and 71 of Block 12, and Lot 87 of Block 15 and 7 112 feet
of the alley lying west and adjacent to Lot 87, less roadway dedications, FRANKLIN
SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 35 of the Public
Records of Dade County, Florida; and, Lots 1, 2, 3, 4, 5, 6, 7 8 _9, 10, 11, 12, 13, 25, and 26, 27,
28, 29 and 30, Block A, RE- SUBDIVISION OF TOWNSITE OF LARKINS, according to the
plat thereof, as recorded in Plat Book 4 at Page I of the Public Records of Dade County, Florida;
Ord. No. 14 -06 -1882
2
and, Lots 12,13 and 14 of Block 2, TOWNSITE OF LARKINS SUBDIVISION, according to the
plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Dade County,
Florida; and, the North 112 of Lot 5, Lots 6, 7, 8, 9, 10, 11, 12 and 13 of Block 2, and Lot's 4, 5, 6,
and 7 of Block 4, less roadway dedications, AMENDED PLAT OF IIAMLET, according to the
plat thereof, as recorded in Plat Book 4 at Page 48 of the Public Records of Dade County,, Florida;
and, East 50 feet of West 200 Feet of North 105.50 feet of East 1/2 ofNorthwest' /4 of Southeast 1/4
Less Streets, Section 25- 54 -40, Dade County, Florida; and East 50 feet of West 150 feet of North
105.50 feet of East '/z of Northwest 1/4 of Southeast 1/4 Less Streets, Section 25- 54 -40, Dade
County, Florida; and, East 50 feet of West 100 feet of North 105.50 feet of East 1/2 of Northwest
1/4 of Southeast 1/4 Less Streets, Section 25- 54 -40, Dade County, Florida; and West 50 feet of
North 105.50 feet of East % or Northwest 1/4 of Southeast 1/4 Less Streets, Section 25- 54 -40, Dade
County, Florida.
Section 2. That the City's Official Zoning Map, as provided for in Section 20- 3.1(C) of the Land
Development Code and the CS -OV location map identified as Figure 20 -9.1 shall be amended by
changing the zoning on properties legally identified as properties legally described as Lots 7, 8, 27, 28, 29
and 30, Block A of the Resubdivision of the Townsite of Larkins from "RS -4," Single Family Residential
to "RS- 4(CS -OV) ", Single Family Residential, Community Service Overlay District.
Section 3. The approval of the CS -OV zone change shall be subject to the applicant providing a
Unity of Title as required by LDC Section 20 -9.11.
Section 4. 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 5. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 6. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this of (L 2006
ATTEST:
i
�,4 t el
CLERK
I" Reading- 6/6/06
2nd Reading— 6/13/06
READ AND APPROVED AS TO FORM:
NOTE: New wording underlined
E:1Comm Items1200616- 6 -06TDC Amend - CS-OV Ordinance.doc
APPROVED:
COMMISSION VOTE: 4-1
Mayor Feliu:
Yea
Vice Mayor Wiscombe:
Yea
Commissioner Palmer:
Yea
Commissioner Birts:
Yea
Commissioner Beckman:
Nay
To:
Via:
From:
Date:
South Miami
AU-AffocaC"
CITY OF SOUTH MIAMI i
OFFICE OF THE CITY MANAGER °
INTER - OFFICE MEMORANDUM 2001
The Honorable Mayor Feliu and Members of the City Commission
Yvonne S. McKinley, Acting City Manager
Don O`Donniley, Planning Director
June 13, 2006
ITEM No.
SuM eCt; AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH NIIANII, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP
OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY PLACEMENT OF A CS-OV,
COMMUNITY SERVICE OVERLAY ZONING DISTRICT ON LOTS 7, S, 27, 28, 29 AND 30 BLOCK A
OF RESUBDIVISION OF BLOCKS 3 & 4 OF THE TOWNSITE OF LARKINS LOCATED AT 5974 SW
66'h STREET AND 5977 SW 66'a TERRACE OVER THE EXISTING RS -4 SINGLE FAMILY
RESIDENTIAL ZONING DISTRICT FOR THESE'PROPERTIES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
Request: The applicant is requesting a rezoning of six lots which are part of 12 Iots owned by the Higher Praise
& Worship Center, South Miami Church of God of Prophecy which is located at 6600 SW 59th Place. The rezoning
request is to place the Community Service Overlay District zone over the six lots which would result in all of the.
church's property on this block being of the same zoning, RS -4 (CS -OV). The purpose of the rezoning is to allow
the additional lots to be used for church purposes as defined in the Land Development Code.
The applicant, Higher Praise & Worship Center, South Miami Church of God of Prophecy qualifies as a
community -based service provider as defined in the LDC Section 20 -9.4 and is eligible to apply for the placement
of the CS -OV zoning district on property owned by the church. The applicant has not set forth a specific
development plan for the subject properties undergoing rezoning. It can be anticipated that a major portion of these
lots will be used for off - street parking. The proposed zoning change is compatible with the existing zoning pattern
and with other uses in the immediate neighborhood_ The Planning Board at its May 9, 2006 meeting adopted a
motion by a vote of 5 ayes 0 nays recommending approval of the zone change.
Recommendation: It is recommended that the Higher Praise & Worship Center, South Miami Church of God
of Prophecy request to change zoning be adopted on second reading, subject to the submission of a Unity of Title,
as required by Section 20 -9.11 of the LDC.
Backup Documentation:
Ordinance
Application / Letter of Intent
Location map
Property survey
Section 20 -9, LDC
Planning Department Staff Report 5 -9 -06
Planning Board Minutes Excerpt 5 -9 -06
Public notices
DOD /SAY E:1Comm Items1200616- 13- 061CS -OV CM Cover report.doe
®P City -of South Miami
l Planning :& Zoning Department
APR ia30 Sunset Drive, South Miami, Florida 33143
f s
Telep one: (305),663 -6326; Fax: (305) 666 -4591 3
Application For Public Hearing Before Planning Board &, City Commission
Address of Subject Property: 6, fV S Ld S q
Lot(s) -- -- I C
PB
Meets & Bounds:
Applicant k ( &,ij S: sH X7 Phone:
d Ni i�-7- Lrc �l� �J!/9 rr�j C�lrtrcc�� Cc D C'f? Pic P�f
Representative: p!qnf &- L� 6/1 ,4/L/1-1o77
Organization: H r� Iy X lz P12416;5 -v 4&0ZV4
54 PLY4G%-
C]CrrTi --2
Address:
�'au t'tf irllJ =fit, 3314A
Phone: �-
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Property Owner: /�tr �� <�n �,�'�1�� f '�� S rtj� Signature: A,�
ajR f4-f,&f2 AYC �� c�� Trf M 1,4""1 Of fir. D
Mailing Address: 4� przCP
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Phone: 7J U S - 2 g 4 - 7
ArchitectlEngineer:
Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner V" Owner's Representative Contract to purchase Option to purchase —Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
PLEASE CHECK ALL THAT APPLY:
—Text Amendment to LDC ,Variance
V Letter of intent
%Zoning Map Amendment Special Use
^ Justifications for change
_ PUD Approval ,_,_,Special Exception
_ Statement of hardship
PUD Major Change Other
ti/ Proof of ownership or letter from owner
r
_✓ Power of attorney
Briefly explain application and cite specific Code sections:
_ Contract to purchase
i� Current survey (1 original sealed and
,�
signed/1 reduced copy @ 11" x 1 T)
15 copies of Site Plan and Floor Plans
c�
20% Property owner signatures
ai +ng a e s sets) and map a4"
Section: Subsection: Page #: Amended Date:
_
—Required Feels 6 A�
The undersigned has read this completed a plication and represents that the information and all submitted materials are true and
correct to the best of the applicant's knowledge and belief.
A,,� Ae� �
Applicant'i Signature and title Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected andpreturned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission
Petition Required Petition Accepted
Method of Payment
8/2/00
n-
HIGHER PRAISE & WORSHIP CENTER INC.
SOUTH WAMT CHURCH OF GOD OF PROPHECY
Senior Pastor
Pansy Graham.
April 5h, 2006
Planning And Zoning Dept.
City of South Miami
6130 Sunset Drive,
South Miami, Fl. 33143
Sir/Madam
6610 S.W. 59'' Place Hm. (305) 251 -6603
South Miami, Fl. 33143 Church (305) 284 -9787
Higher Praise & Worship Center Inc. South Miami Church of God of Prophecy, is
applying for rezoning of Lots 1 through 8 and 27 through 30, Block A of "Resubdivision
of Blocks 3 &4 of Townsite of Larkins ", included in the Overlay District. We are being
asked to submit a fee in the amount of $4,000.00 with this application, which we are
unable to afford We are therefore asking for a waiver of this fee of $4,000.00.
The Church has served this Community from its present location for over 50 years,.
reaching out to the Community through spiritual guidance, youth programs and various
community outreach endeavors. It is in the interest of our continued service that we are
applying for rezoning.
l tnM that our request will be favorably considered.
Respectfully,
f �`T
Pansy Graham, Pastor.
4
C
N
a
City of South Miami PB -06 -012
Higher Praise & Worship Center / South Miami Church of God of Prophecy
Change of Zoning to Community Service Overlay Zone (CS -OV)
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COyi1IUNITY SERVICE OVERLAY DISTRICT 20 -9.3
ARTICLE IX. COiYIlYrMTY SERVICE OVERLAY DISTRICT
20.9.1 Purpose and intent.
It is the purpose and intent of this section to promote the health, safety, community-
acceptable standards of morals and general welfare of the residents of the City of South Miami
through the stated regulations of this section_ The Community Services overlay zoning district
is intended to provide for the establishment of an overlay zoning district in the Charrette Too
Study Area, in order to provide for the special needs of community -based service providers and,
specifically, to permit parking Iot improvements, outparcel development, clay care center
facilities and building additions for those properties under the sole ownership of community -
based service providers, such as churches, mosques, synagogues, or temples.
(Ord. No. 1 -97 -1622, § 1, 2- 18 -97)
20 -9.2 Applicability.
K r,
The requirements of this Article shall be in addition to other requirerne'nffs in the City's
adopted Land Development Code, and in the case of conflict the provisions of this Article shall
control.
(Ord. No. 1 -97 -1622, § 1, 2-18-97)
20 -9.3 Boundaries.
The properties in the Community Service (CS) overlay zoning district shall be delineated on
the City's Official Zoning Map with the symbol "CS -OV" and shown as darkened areas in
Figure 20 -9.1. The properties are legally described as follows:
Lots 7, 8 and 12 of Block 1, PINES SUBDIVISION, according to the plat thereof, as recorded
in Plat Book 13 at Page 2 of the Public Records of Dade County, Florida; and, Lots 31, 32 and
33 of Block 5, Lots 34, 35 and 36 of Block 6, and the alley lying between Lots 34 and 35, Lot
40, less the west 15 feet thereof, Lots 41, 42, 43, 44, 45 and 46 of Block 7, and 4 feet of the
alley lying south and adjacent to Lot 46, Lots 70 and 71 of Block 12, and Lot 87 of Block 15
and 71/2 feet of the alley lying west and adjacent to Lot 87, less roadway dedications,
FRANKLIN SUBDIVISIO`, according to the plat thereof, as recorded in Plat Book 5 at
Page 35 of the Public Records of Dade County, Florida; and, Lots 1, 2, 3, 4, 5, 6, 9, 10, 11,12,
13, 25, and 26, RE- SUBDIVISION OF TOWNSITE OF LARKINS, according to the plat
thereof, as recorded in Plat Book 4 at Page 1 of the Public Records of Dade County, Florida;
and, Lots 12, 13 and 14 of BIock 2, TOWNSITE OF LARKINS SUBDIVISION, according to
the plat thereof, as recorded in Fgat Book 2 at Page 105 of the Public Records of Dade
County, Florida; and, the North 3!•, of Lot 5, Lots 6, 7, 8, 9, 10, 11, 12 and 13 of Block 2, and
Lots 4, 5, 6, and 7 of Block 4, less roadway dedications, AMENDED PL-�T OF HAMLET,
according to the plat thereof, as recorded in Plat Book 4 at Page 48 of the Public Records of
Dade County, Florida; and, East 50 feet of West 200 feet of North 105.50 feet of East '/s of
Northwest 11, of Southeast 1/, Less Streets, Section 25- 54 -40, Dade County, Florida; and East
50 feet of West 150 feet o'North 105.50 feet of East '/d of Northwest '/E of Southeast '/F Less_
Streets, Section 25- 54 -40, Dade County, Florida; and. East 50 feet of I-Vest 100 feet of North
supp. No. 6 199
20 -9.3 SOUTH MIAMI LAND DEVELOPMENT CODE
105.50 feet of East 1 /•z of Northwest 1/4 of Southeast Y4 Less Streets, Section 25- 54 -40, Dade
County, Florida; and West 50 feet of North 105.50 feet of East 1/-2 or Northwest 1/4 of
Southeast 1/4 Less Streets, Section 25- 54 -40, Dade County, Florida.
(Ord. No. 1- 97- 1622, § 1, 2- 18 -97; Ord_ No. 3 -99 -1677, § 1, 1- 19 -99; Ord. No. 24 -99 -1698, § 1,
I1- 16 -99; Ord. No. 4 -01- 1735, § 1, 2 -6 -01)
.R may» ..✓
Sapp. Na. 6
200
i
COMMUNITY SERVICE OVERLAY DISTRICT
Exhibit B
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Supp. No. 5 200.1
i
20 -9.3
COMMUNITY SERVICE OVERLAY DISTRICT 20 -9.4
20 -9.4 Definitions.
The definitions below, as may be amended from time to time, shall apply -to Article IX only.
Other than the revised definitions included in this subsection, the definitions provided under
Section 20-2.3 of the Land Development Code are applicable to the provisions of Article IM
Accessory building shall mean a detached subordinate building or portion thereof, the use
of which is incidental to and in connection with a principal or main building which is under the
same ownership as the main building. No accessory building shall be permitted which is not
owned in conjunction with a principal or main building.
Accessory use shall mean a building or structure, the use of which is subordinate and
incidental to the main building or structure, and is under the same ownership as the main
building or structure.
Adult congregate living facility shall mean any budding or buildings, section of a building
or distinct part of a building, operated as a nonprofit entity, which undertakes through its
ownership and management to provide, for a period exceeding twenty -four (24) hours, housing,
food service and one or more personal services for four (4) or more adults, not related to the
administrator by bloodd or marriage, who require such services and to provide limited nursing
services, when specifically licensed to do so pursuant to Florida Statutes. A facility offering
personal services or limited nursing services for fewer than four (4) adults is within the
meaning of this definition if it formally or informally advertises to or solicits the public for.
residents or referrals and hold itself out to the public to be an establishment which regularly
provides such services.
Church, mosque, synagogue or temple shall mean a formerly organized religious entity with
ownership of property or properties, a building or other structures, or a group of buildings or
structures, which, by design and construction, are intended for organized worship services and
commonly related services, such as educational, recreational, and social services, including
day care and other community services, which principal facilities and main worship sanctuary
structure are located in the Community Services (CS) overlay zoning district.
Community residential home shall mean an establishment licensed to serve clients of the
Department of Health and Rehabilitative Services, which provides a living environment for
unrelated residents who operate as a functional equivalent of a family, including such
supervision and care by supportive staff as may be necessary to meet the physical, emotional
wid social needs of residents.
Community service providers shall mean the existing institutions whose main buildings or
structures are located within the Community Service (CS) overlay zoning district as of the
adoption date of this subsection, such as churches, mosques, synagogues or temples.
Day care center shall mean any establishment providing for the daytime care of seven (7) or
more children and licensed by the Department of Health and Rehabilitative Services.
Group Home (See Community residential home.).
Supp. No. 3 201
20 -9.4 SOUTH MIAMI LAND DEVELOPMENT CODE
School shall mean institutions of general education offering kindergarten through 12th
grade education or any portion thereof, including special programs and facilities.
(Ord. No. 1 -97 -1622, § 1, 2- 18 -97)
20 -9.5 Development review procedures.
(A) Applicants shall meet in pre - application conference with the Planning and Zoning
Division staff to discuss and analyze proposed applications in non - binding foram. Staff may
prescribe special conditions in order to assure the overall compatibility of the proposes uses
and physical structures with the neighboring uses and physical structures.
(B) Applicants shall submit an application for development responding to the pre -
application conference findings in the form prescribed under the provisions of Section 20 -5,
entitled Article V. Procedures and Applications, as contained in the Land Development Code.
(C) Upon receipt of applications for development, the Planning and Zoning .staff shall
review the application and assure that proposed uses and physical structures are compliant
with the purpose, intent and requirements of this article and applicable Code requirements.
(D) Upon the staffs determination of compliance with the purpose; intent and require -
ments of this article and applicable Code requirements by the Planning and Zoning Division,
the application shall be reviewed by the ERPB, as regulated by Section 20 -5.11.
(E) Applicants shall incorporate ERPB conditions, if any, and apply for all required
building, electrical, mechanical, plumbing and utility permits, as regulated by Section 20 -5.13.
(Ord. No. 1 -97 -1622, § 1, 2- 18 -97)
20 -9.6 Permitted uses and special uses.
(A) The uses listed below are permitted by right within the district and are applicable to
both new and existing buildings, including accessory structures and accessory uses.
Permitted Use by Right
Church, temple or synagogue
Community residential home,* 6 persons or
less
Day care center,* 7 children or more
Dwelling, single - family*
Park or playground, public or private
Required Parking Spaces
1 per 3 seating spaces
2 per dwelling unit
1 per 250 gross square feet
2 per dwelling unit
None
*under the ownership, management and control of a defined community service provider.
(B) The uses listed below are permitted via special use approval. Applicants shall follow the
procedures established for special uses, as set forth in subsections 20- 5.8(B) through (F), and
shall follow those procedures for the required public hearings, as set forth in general in Section
20-5.1 through Section 20 -5.6.
Supp. No. 3 202
COMMUNITY SERVICE OVERLAY DISTRICT 20 -9.7
l
5
Permitted by Special Use Approval
Adult congregate living facility*
Community residential home,* 7 persons or
more
Counseling services,* as defined under Sec-
tion 20 -2.3
Funeral home,* per conditions under Section
20- 3A(B)(3)
School, elementary or secondary*
School, vocational or special programs*
Required Parking Spaces
2 per dwelling unit
2 per dwelling unit
1 per 250 gross square feet
1 per 300 gross square feet
1 per 400 gross square feet
I per 400 gross square feet
*under the ownership, management and control of a defined community service provider.
(Ord. No. 1 -97 -1622, § 1, 2- 18 -97)
20 -9.7 Dimensional requirements.
Minimum rot size. (for subdivision only):
Net lot area (square feet) ............. ............................... 6,040
Frontage (linear feet) ................ ............................... 00
Required build -to lines (for principal structures):
Front street (address side) ............ ............................... Property
line
Side street (not including alleyways) .... .. .... ..... ............... Property
line
Canopies, awnings and arcades may project over esdsting sidewalk areas
Minimum yard setbacks (for new construction):
Front street (address side) ............ ............................... 0.0 feet
Side street (not including alleyways) .. ............................... 0.0 feet
Side street (for alleyways only) ....... ............................... 5.0 feet
Side( Interior) ....................... ............................... 7.5 feet
Rear (Interior)..... ................ ............................... 10.0 feet
Rearstreet .......................... ............................... 0.0 feet
Any side adjacent to a single - family residence ........................ 25.0 feet
Maximum building height:
Stories.............................. ............................... 2
Feet................................ ............................... 25.0 feet
Maximum building coverage (%) .......................................... 75
Supp. No. 5
203
20 -9.7 SOUTH MIAMI LAND DEVELOPMENT CODE
Maximum impervious coverage (%) ......... ............................... 85
(Ord. No. 1 -97 -1622, § 1, 2- 18 -97)
20 -9.8 Parking regulations.
Buildings erected, converted, enlarged, reconstructed, moved or structural_ ly altered shall
conform to the off -street parking requirements in Section 20 -4.4..
(Ord. No. 1 -97 -1622, § 1, 2- 15 -97)
20.9.9 Signage regulations.
The provisions of Section 20 -4.3 shall apply; and all properties in the Community Service
overlay zoning district shall he permitted signage as set forth under subsection 20-4.3 (1)(5);
(Ord. No. 1 -97 -1622, § 1, 2- 18 -97)
20 -9.10 Supplemental regulations.
The provisions of Section 20 -3.6 shall apply; and all properties in the Community Service
overlay zoning district shall be evaluated under the provisions of Section 20 -3.6 as though the
properties were exclusively used for single- family residential purposes. The purpose of this is
to provide for visual uniformity with the surrounding single - family residential neighborhood.
(Ord. No. 1 -97 -1622, § 1, 2- 18 -97)
20 -9.11 Unity of title required.
(A) A Unity of Title, as set forth in Section 20 -5.16, is required for all platted lots in any
development project within the Community Service Overlay District if any of the following
conditions exist.
(1) If a development project is to be built on two (2) or more abutting platted lots;
(2) If the permitted density of a development project is based upon the averaging of two (2)
or more platted lots either abutting or located on the opposite -sides of a public
right -of -way or alley;
.(3) If the required parldng for a development project is located, on a lot other than on the
site which is generating the required parldng.
(Ord. No. 23 -99 -1697, § 6, 11- 16 -99)
t'
OAA
South Miami
Ail- AmerieaCRY
11.1
2001
City of South Miami
To: Honorable Chair & Planning
. Board Members
From: Don O'Donniley
Planning Director
Date: May 9, 2006
Re: LDC Rezoning: RS -4 to RS -4
(CS -OV): 5974 SW 66"' Street, 5977 SW
66t" Terrace
A PB -06 -012
Applicant: Higher Praise & Worship Center, South Miami Church of God of Prophecy
Address: 5974 SW 66t` Street, 5977 SW 66th Terrace
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
NIIAIVII, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL ZONING MAP
OF THE CITY OF SOUTH NIIANH LAND DEVELOPMENT CODE BY PLACEMENT OF A
CS -OV, COMMUNITY SERVICE OVERLAY ZONING DISTRICT ON LOTS 7,8,27,28,29 AND
30 BLOCK A OF RESUBDIVISION OF BLOCKS 3 & 4 OF THE TOWNSITE OF LARKINS
LOCATED AT 5974 SW 66h STREET, 5977 SW 66`h TERRACE OVER THE EXISTING RS4
SINGLE FAMILY RESIDENTIAL ZONING DISTRICT FOR THIS PROPERTY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING
AN EFFECTIVE DATE
SUMMARY OF REQUEST
The applicant is requesting a rezoning of six lots which are part of twelve lots owned by the
Higher Praise & Worship Center, South Miami Church of God of Prophecy which is located at
6600 SW 59`h Place. The rezoning request is to place the Community Service Overlay District
zone over the six lots which would result in all of the church's property on this block being of
the same zoning, RS -4 (CS -OV). The purpose of the rezoning is to allow the additional lots to be
used for church purposes as defined in the Land Development Code.
APPLICABLE REGULATIONS
The Community Service Overlay District, which is Article IX (Section 20 -9) of the Land
Development Code, was adopted in 1997 by the City Commission in order to provide a method
whereby community —based service organizations could respond to special needs of the
community (Charrette Too Study Area).
LDC Rezoning
CS -OY
May 9, 2006
Page 2 of 3
The technique developed was an overlay zone, which allows for additional uses that are not
permitted or provided for in the underlying single - family use districts. The overlay zone allows
for a number of uses, such as churches, temples, community residential homes, and day care
centers, as permitted uses, and other uses such as ACLF's, funeral homes, and schools as special
uses requiring public hearings before the Planning Board and City Commission.
The purpose of the district as defined in Section 20 -9.1 is as follows:
"to provide for the special needs of community -based service providers and,
specifically, to permit parking lot improvements, out parcel development, day
care center facilities and building additions for those properties under the sole
ownership of community -based service providers, such as churches, mosques,
synagogues, or temples. "
This section (Article IX) provides a list of permitted and special uses, specific parking standards
and dimensional standards, including building height and setbacks. A copy of these regulations
are attached to this report.
SITE ANALYIS
In 1997, at the time the Community Service Overlay District was created, all of the church's
property at that time ( Lots 1 -6) were placed in the overlay district. The applicant's current
rezoning site consists of Lots 7,8,27,28,29 and 30, Block A of the Re- subdivision of the
Townsite of Larkins. Two of the lots face SW 66th Street and four lots face SW 66I' Terrace.
Four of the six lots are vacant. There is an existing single family residence on Lots 27 and 28
The following is a zoning and use analysis for the properties surrounding the lots to be rezoned
site:
Zones
North RS- 4,Single Family Residential
West RS -4 (CS -OV)
South RM -18 Low Density Multi Family
East RS -4, Single family Residential
Existing Use
Single family homes
Single family home and a Church
Two story Apartment Complex (HUD)
Vacant lots, church, apartment building
STAFF OBSERVATIONS
1) The applicant Higher Praise & Worship Center, South Miami Church of God of Prophecy
qualifies as a community -based service provider as defined in the LDC Section 20 -9.4 and is
LDC Rezon ing
CS -0Y
May 9, 2006
Page 3 of 3
eligible to apply for the placement of the CS -OV zoning district on property owned by the,
church.
2) The applicant has not set forth a specific development plan for the subject properties
undergoing rezoning. It can be anticipated that a major portion of these lots will be used for off -
street parking. The CS -OV regulations require a number of potential uses (schools, ACLF's,
group homes, funeral homes, counseling services) to obtain approval through a separate special
use application process. A detailed review of the applicant's site plan would be part of the
special use approval process.
3) The proposed zoning change is compatible with the existing zoning pattern and with other
uses in the immediate neighborhood.
SPECIFIC AMENDMENT
The placement of a CS -OV zoning district on the applicant's property is accomplished by the
adoption of an ordinance amending the Land Development Code. The ordinance will:
a) modify Section 20 -9.3, Boundaries, by including the written legal description of the six
lots;
b) modify the boundary map , Figure 20 -9.1, to include the subject property parcels,
c) Amend the City's Official Zoning Map by changing the zoning on the six lots from
"RS -4" to "RS -4 (CS -OV)'.
RECOMMENDATION
It is recommended that the Higher Praise & Worship Center, South Miami Church of God of
Prophecy request to change zoning of Lots 7,$,27,28,29 and 30, Block A of the Re- subdivision
of the Townsite of Larkins from RS -4 to RS- 4(CS -OV) be approved, subject to the submission of
a Unity of Title, as required by Section 20 -9.11 of the LDC.
Attachments:
Application
Letter of Intent
Location neap
Property survey
Section 20 -9, LDC
Public notices
DOD /SAY
E:1PBIPB Agendas Staff Reports12006 Agendas Staff Reports15- 9- 061PB -06 -012 Rezoning to CS- OV.doc
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CITY OF SOUTH MIAMI
PLANNING BOARD I Action Summary Minutes
Regular Meeting
Tuesday, May 9, 2006
City Commission Chambers
7:30 P.M.
EXCERPT
1. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:36 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Lahiff,
Mr. Beilman, Mr. Davis and Mr. Farfan.
Board members absent: Mr. Comendeiro, Ms. Yates.
City staff present: R. Don O'Donniley, AICP (Planning Director) Sanford A. Youkilis,
AICP (Planning Consultant), Brian Edney (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
N. Planning Board Applications I Public Hearings
Mr. Morton swore in the speakers.
PB -06 -012
Applicant: Higher Praise & Worship Center, South Miami Church of God of Prophecy
Address: 5974 SW 6e Street, 5977 SW 66th Terrace
AN ORDINANCE OF TBE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE OFFICIAL
ZONING MAP OF THE CITY OF SOUTH MIANII LAND DEVELOPMENT CODE BY
PLACEMENT OF A CS-OV, COMMUNITY SERVICE OVERLAY ZONING DISTRICT
ON LOTS 7,8,27,28,29 AND 30 BLOCK A OF RESUBDIVISION OF BLOCKS 3 & 4 OF
THE TOWNSITE OF L.ARIUNS LOCATED AT 5974 SW 66' STREET, 5977 SW 66'
TERRACE OVER THE EXISTING RS4 SINGLE FAMILY RESIDENTIAL ZONING
DISTRICT FOR THIS PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE
Planning Board Meeting
May 9, 2006
Page 2 of 3
Action: Mr. Morton read the ordinance into the record. Mr. O'Donniley explained that the
applicant is requesting a rezoning of six lots which are part of twelve lots owned by the
Higher Praise and Worship Center, South Miami Church of God of Prophecy which is
located at 6600 SW 59h Place. The rezoning request is to place the community Service
Overlay District zone over the six lots which would result in all of the church's property on
this block being of the same zoning, RS -4 (CS -OV). The purpose of the rezoning is to
allow the additional lots to be used for church purposes as defined in the Land
Development Code.
Mr. O'Donniley also indicated that in 1997, at the time the Community Service Overlay
District was created all of the church's property at that time (Lots 1 -6) were placed in the
overlay district. The applicant's current rezoning site consists of Lots 7,8,27,28,29 and 30,
Block A of the re- subdivision of the Townsite of Larkins. Two of the lots face SW 66`x'
Street and four lots face SW 66ffi Terrace. Four of the six lots are vacant. There is an
existing single family residence on Lots 27 and 28.
In addition, Mr. O'Donniley provided the following staff observations:
1) The applicant Higher Praise & Worship Center, South Miami Church of God of
Prophecy qualifies as a community -based service provider as defined in the LDC Section
20 -9.4 and is eligible to apply for the placement of the CS -OV zoning district on property
owned by the church.
2) The applicant has not set forth a specific development plan for the subject properties
undergoing rezoning. It can be anticipated that a major portion of these lots will be used
for off-street parking. The CS -OV regulations require a number of potential uses (schools,
ACLF's, group homes, funeral homes, counseling services) to obtain approval through a
separate special use application process. A detailed review of the applicant's site plan
would be part of the special use approval process.
3) The proposed zoning change is compatible with the existing zoning pattern and with
other uses in the immediate neighborhood.
Mr. O'Donniley explained that the application fee was waived, and that the rezoning is
accomplished by the adoption of an ordinance amending three sections of the Land
Development Code:
a) modify Section 20 -9.3, Boundaries, by including the written legal description of
the six lots;
b) modify the boundary map, Figure 20 -9.1, to include the subject property parcels;
c) Amend the City's Official Zoning Map by changing the zoning on the six lots
from "RS-4" to "RS-4 (CS -OV)'.
Planning Board Meeting
May 9, 2006
Page 3 of 3
Recommendation
Staff recommended that the Higher Praise & Worship Center, South Miami Church of God
of Prophecy request to change zoning of Lots 7,8,27,28,29 and 30, Block A of the Re-
subdivision of the Townsite of Larkins from RS-4 to RS- 4(CS -OV) be approved, subject to
the submission of a Unity of Title, as required by Section 20 -9.11 of the LDC.
Applicant: Rev. Pansy Graham
Rev. Graham explained that Higher Praise & Worship Center South Miami Church of God
of Prophecy has acquired over the past years additional land in order to expand the church
in the future. She indicated that the church has served the community from its present
location for over 50 years, reaching out to the community through spiritual guidance, youth
programs and various community outreach endeavors. She ended her remarks by stating
that all the church is requesting is for the lots that pertain to the church to be zoned for
church use.
Chair Morton opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
David Tucker Supported
Mr. Tucker indicated he has been a long time resident of South Miami and believed that
that the rezoning of the lots for church use will be beneficial use for South Miami residents
since this church runs programs that help the well -being of this community,
Chair Morton closed the public hearing.
Mr. Beilman asked Rev. Graham if she knew about the anticipated use of the lots that will
be rezoned. Rev. Graham explained that presently the land is being used for parking but
the anticipated use for the lots will be for another sanctuary as well as upgrading of the
present facility.
Motion: Mr. Beihnan moved to recommend approval of the request with staffs
conditions:
1. Submittal of Unity of Title
2. Application fee be waived.
Ms. Lahiff seconded the motion.
Vote: Ayes 5 Nays 0
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