13South Miami
*America ft
CITY OF SOUTH MIAMI 11111F
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Roger M. Carlton, Acting City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: March 2, 2010 ITEM No.
Subject:
An ordinance of the Mayor and City Commission of the City of South Miami,
Florida, relating to amendments to Land Development Code: Section 20 -2.3
entitled "Definitions" in order to provide a definition of "Liquor Store'; Section
20- 3.3(D) entitled "Permitted Use Schedule" in order to change drinking place
and liquor store from a Permitted use in commercial zoning use districts to a
Special use in commercial zoning use districts; Section 20 -3.4 entitled "Special
use conditions" in order to provide regulations allowing for a revocation of a
special use approval; providing for severability; providing for ordinances in
conflict; and providing for an effective date.
REQUESTED AMENDMENT
During recent discussions with the City Manager it was determined that there are some
additional uses which should receive stricter scrutiny before new locations are approved
and business licenses issued. A specific concern is related to the uses "drinking place"
and "liquor store" which are both listed in the Land Development Code as permitted uses
in all of the City's commercial zoning districts. A listed "P" or Permitted Use is not
subject to any form of oversight or special approval before the issuance of the
occupational license and certificate of use.
A number of uses because of their product, hours of operation, noise, or impact on
adjacent neighbors (residential or businesses) are designated in the Permitted Use
Schedule as "S" Special Uses which require public hearings and special approval by the
City Commission with possible conditions attached. Examples of special uses in the
South Miami LDC are restaurants, private clubs, religious institutions, hospitals,
veterinarian offices and bowling alleys.
The City Manager has requested the Planning Board to consider amending the current
Permitted Use Schedule to convert drinking places and liquor stores from being a "P ",
Permitted Use to an "S ", Special Use in commercial zoning districts. Due to the type of
business the Planning and Zoning Department concurs that the oversight and additional
scrutiny provided by the special use permit (public hearing) process is appropriate for a
drinking place use and a liquor store use.
2
CURRENT LDC REGULATIONS
Drinking Place
Drinking places are currently allowed as an "S" Special Use in two of the City's office
zones, "LO" and "MO ". The drinking place use is further allowed as a "P" Permitted Use
in the SR, GR, TODD (MU -4), TODD (MU -5) and TODD (LI -4) zoning use districts.
The proposed amendment will adjust the use category from "P" Permitted Use to "S"
Special Use for the five commercial zoning use districts.
Liquor Store
A liquor store is currently allowed as a "P" Permitted Use in the SR, GR, TODD (MU -4),
TODD (MU -5) and TODD (LI -4) zoning use districts. The proposed amendment will
adjust the use category from "P" Permitted Use to "S" Special Use for the five
commercial zoning use districts.
General Requirement
For several years resolutions approving a special use application have contained a generic
condition that if in the future the use is determined by the Director of Planning, to be
adversely affecting the health or safety of the public, the special use approval may be
modified or revoked by the City Commission upon notification and public hearing. This
statement is not now codified (in the text of the LDC) and this amendment is an
appropriate reason for incorporating the generic condition in the Code. The two uses
"drinking place" and "liquor store" and all special uses would automatically be subject to
this condition upon approval.
Definition of Liquor Store
The Planning Board at its meeting on February 17, 2010 proposed that in addition to the
amendments suggested by staff, a definition of "liquor store" needed to be added to the
Land Development Code. It was felt that this definition would distinguish a liquor store
from other businesses which sell alcoholic beverages such as convenience stores and
grocery stores. The definition proposed is similar to the current definition for package
store in Chapter 4 of the South Miami City Code.
All of the above amendments are shown in the attached draft ordinance.
PLANNING BOARD RECOMMENDATION
The Planning Board at its February 17, 2010 meeting, after a public hearing, approved a
motion by a vote 5 ayes 0 nays recommending adoption of the proposed LDC
amendments.
RECOMMENDATION
It is recommended that the attached draft ordinance be approved on first reading.
Backup Documentation:
Draft Ordinance
Planning Board Minutes Excerpt 2 -17 -10
Planning Department Staff Report 2 -17 -10
T7V /SAYX: \Comm Items\2010 \3 -210 \LDC Amend Use Schedule Drink PI CM Report.doc
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ORDINANCE NO.
An ordinance of the Mayor and City Commission of the City of South Miami,
Florida, relating to amendments to Land Development Code: Section 20 -2.3
entitled "Definitions" in order to provide a definition of "Liquor Store'; Section
20- 3.3(D) entitled "Permitted Use Schedule" in order to change drinking place
and liquor store from a Permitted use in commercial zoning use districts to a
Special use in commercial zoning use districts; Section 20 -3.4 entitled "Special use
conditions" in order to provide regulations allowing for a revocation of a special
use approval; providing for severability; providing for ordinances in conflict; and
providing for an effective date.
WHEREAS, a number of uses because of their product, hours of operation, noise, or
impact on adjacent neighbors are designated in the Permitted Use Schedule as "S" Special
Uses which require public hearings and special approval by the City Commission with
possible conditions attached; and
WHEREAS, the City Manager requested the Planning Board to consider amending the
current Permitted Use Schedule to convert drinking places and liquor stores from being a
"P ", Permitted Use to an "S" Special Use in commercial zoning districts; and
WHEREAS, the Planning and Zoning Department concurred that the oversight and
additional scrutiny provided by the special use permit (public hearing) process is
appropriate for a drinking place use and a liquor store use; and
WHEREAS, the Planning and Zoning Department also recommended the placement in
the Land Development Code of a generic special use condition allowing for a
determination that if a use is adversely affecting the health or safety of the public, the
special use approval may be modified or revoked by the City Commission upon
notification and public hearing; and
WHEREAS, The Planning Board at its meeting on February 17, 2010 proposed that
in addition to the amendments suggested by staff, a definition of "liquor store" needed to
be added to the Land Development Code; and
WHEREAS, the Planning Board at its February 17, 2010 meeting, after public
hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed
amendments to the Land Development Code be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 entitled "Definitions" of the Land Development Code is hereby
amended as follows:
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Section 20 -2.3 Definitions.
Liquor store (yackay store) • Shall mean all retail establishments engaged in the sale
of alcoholic beveraees for consumption off the premises only, but shall not include
grocery stores, convenience stores or supermarkets.."
Section 2. That Section 20- 3.3(D) "Permitted Use Schedule" is hereby be amended as follows:
Cnnf:nn W_z z MI P.r.iffud ITeo RnhndnlP
PI O ILfi A \h111Etl:O7.w:Y_Y\ YI UY Y t7_\ II
Drinking Place
S
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P
ZONING
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DISTRICT
16
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USE TYPE
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Drinking Place
S
S
P
P
R
P
P
16
7
S
S
S
S
S
Parking requirement category No. 7 ; requires t space per Im gross so it
Liquor Store
P
P
P
P
P
11
S
S
S
S
S
Parking requirement category No, i i; requires : space per sw gross sq n
Section 3. That Section 20 -3.4 "Special use conditions" is hereby amended as follows:
Section 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 -3.3P D), 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:
(A) General Requirements.
(1) All such uses shall comply with all requirements established in the
appropriate zoning use district, unless additional or more restrictive
requirements are set forth below or by the city commission.
(2) All such uses shall be determined to be of a compatible and complementary
nature with any existing or planned surrounding uses.
(3) A public hearing shall be held by the city commission to determine the
overall compatibility of the use with the surrounding neighborhood.
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(4) If a special use is, in the future, determined by the Director of Planning,
to be adversely affecting the health or safety of persons residing or
working in the vicinity of the proposed use, to be detrimental to the
public welfare or property or improvements in the neighborhood, or to
be not in compliance with other applicable Code provisions, the special
use approval may be modified or revoked by the City Commission
upon notification and public hearing.
(Note: New wording shown in bold/underlined wording to be removed shown in= -dwo ughr
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 5. 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 6. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1 s` Reading —
2nd Reading —
day of 2010
MAYOR
READ AND APPROVED AS TO FORM:
AND SUFFICIENCY:
CITY ATTORNEY
X: \Comm Items\2010\3- 2- 10\LDC Amend Use schedule Drinking Ord.doc
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
ORDINANCE NO.
An ordinance of the Mayor and City Commission of the City of South Miami,
Florida, relating to amendments to Land Development Code: Section 20 -2.3
entitled "Definitions" in order to provide a definition of "Liquor Store'; Section
20- 3.3(D) entitled "Permitted Use Schedule" in order to change drinking place
and liquor store from a Permitted use in commercial zoning use districts to a
Special use in commercial zoning use districts; Section 203.4 entitled "Special use
conditions" in order to provide regulations allowing for a revocation of a special
use approval; providing for severability; providing for ordinances in conflict; and
providing for an effective date.
WHEREAS, a number of uses because of their product, hours of operation, noise, or
impact on adjacent neighbors are designated in the Permitted Use Schedule as "S" Special
Uses which require public hearings and special approval by the City Commission with
possible conditions attached; and
WHEREAS, the City Manager requested the Planning Board to consider amending the
current Permitted Use Schedule to convert drinking places and liquor stores from being a
"P ", Permitted Use to an "S" Special Use in commercial zoning districts; and
WHEREAS, the Planning and Zoning Department concurred that the oversight and
additional scrutiny provided by the special use permit (public hearing) process is
appropriate for a drinking place use and a liquor store use; and
WHEREAS, the Planning and Zoning Department also recommended the placement in
the Land Development Code of a generic special use condition allowing for a
determination that if a use is adversely affecting the health or safety of the public, the
special use approval may be modified or revoked by the City Commission upon
notification and public hearing; and
WHEREAS, The Planning Board at its meeting on February 17, 2010 proposed that
in addition to the amendments suggested by staff, a definition of "liquor store" needed to
be added to the Land Development Code; and
WHEREAS, the Planning Board at its February 17, 2010 meeting, after public
hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed
amendments to the Land Development Code be approved; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20 -2.3 entitled "Definitions" of the Land Development Code is hereby
amended as follows:
2
Section 20 -2.3 Definitions.
Liquor store (Package store): Shall mean all retail establishments engaged in the sale
of alcoholic beverages for consumption off the premises only, but shall not include
grocery stores, convenience stores or supermarkets.."
Section 2. That Section 20- 3.3(D) "Permitted Use Schedule" is hereby be amended as follows:
Section 20 -3.3 (D) Permitted Use Schedule
RETAIL AND WHOLESALE TRADE
Drinking Place
S
S
P
ZONING
P
P
DISTRICT
16
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0
0
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D
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USE TYPE
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D
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4
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RETAIL AND WHOLESALE TRADE
Drinking Place
S
S
P
P
P
P
P
16
7
S
S
S
S
S
Parking requirement category No. 7 ; requires I space per 100 gross sq ft
Liquor Store
P
P
P
P
P
11
S
S
S
S
S
Parking requirement category No. 11; requires I space per 300 gross sq ii
Section 3. That Section 20 -3.4 "Special use conditions" is hereby amended as follows:
Section 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 -3.3E D), 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:
(A) General Requirements.
(1) _ All such uses shall comply with all requirements established in the
appropriate zoning use district, unless additional or more restrictive
requirements are set forth below or by the city commission.
(2) All such uses shall be determined to be of a compatible and complementary
nature with any existing or planned surrounding uses.
(3) A public hearing shall be held by the city commission to determine the
overall compatibility of the use with the surrounding neighborhood.
(4) If a special use is, in the future, determined by the Director of Planning,
to be adversely affecting the health or safety of persons residing or
working in the vicinity of the proposed use, to be detrimental to the
public welfare or property or improvements in the neighborhood, or to
be not in compliance with other applicable Code provisions, the special
use approval may be modified or revoked by the City Commission
upon notification and public hearing.
(Note: New wording shown in bold/underl6ned wording to be removed shown ineit�
Section 4. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 5. 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 6. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
day of 2010
APPROVED:
CITY CLERK MAYOR
I' Reading —
2 "d Reading —
READ AND APPROVED AS TO FORM:
AND SUFFICIENCY:
CITY ATTORNEY
XAComm Items\2010 \3- 2- 10 \LDC Amend Use schedule Drinking Ord.doc
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
CITY OF SOUTH MIAMI
PLANNING BOARD
DRAFT Action Summary Minutes
Wednesday, February 17, 2010
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:30 p.m.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chairperson, Mr. Morton requested a roll call. Board members present
constituting a quorum:
Present: Mr. Morton, Mr. Whitman, Mr. Cruz, Mr. Farfan and Ms. Young
Absent: Mr. Comendeiro and Ms. Yates.
City staff present: Thomas J. Vageline (Planning and Zoning Director), Sandy
Youkilis (Consultant), Mark Goldstein (City Attorney), Lourdes Cabrera - Hernandez
(Principal Planner), Maria E. Stout -Tate (Administrative Assistant II).
IV. PLANNING BOARD APPLICATIONS/PUBLIC HEARINGS.
Applicant: City of South Miami
An ordinance of the Mayor & City Commission of the City of South Miami, Florida,
relating to an amendment to Land Development Code Section 20- 3.3(D) entitled permitted
use schedule in order to change drinking place and liquor store from a permitted use in
commercial zoning use districts to a special use in commercial zoning use districts;
providing for severability; providing for ordinances in conflict; and providing for an
effective date.
Mr. Morton read the ordinance into the record.
Discussion: Mr. Youkilis stated during its current review of the entire Land Development Code
the Planning and Zoning Department staff has determined that certain provisions may need
immediate consideration due to legal problems, technical wording errors, or to respond to
specific issues which the City is facing and can not resolve. A number of uses because of their
product, hours of operation, noise, or impact on adjacent neighbors (residential or businesses) are
0a
designated in the Permitted Use Schedule as "S" Special Uses which require public hearings and
special approval by the City Commission with possible conditions attached. Examples of special
uses in the South Miami LDC are restaurants, private clubs, religious institutions, hospitals,
veterinarian offices and bowling alleys.
Mr. Youkilis stated that in recent discussions with the Acting City Manager it was determined
that there are some additional uses which should receive stricter scrutiny before new locations
are approved and business licenses issued. A specific concern is related to the uses "drinking
place" and "liquor store" which are both listed as permitted uses in all of the City's commercial
zoning districts. A listed "P" or Permitted Use is not subject to any form of oversight or special
approval before the issuance of the occupational license and certificate of use.
Mr. Youkilis stated that the Acting City Manager has requested the Planning Board to consider
amending the current Permitted Use Schedule to convert drinking places and liquor stores from
being a "P ", Permitted Use to an "S ", Special Use in commercial zoning districts. Due to the type
of business the Planning and Zoning Department concurs that the oversight and additional
scrutiny provided by the special use permit (public hearing) process is appropriate for a drinking
place use and a liquor store use. Mr. Youkilis stated that the following amendments to the Land
Development Code are being recommended:
Drinking Place
Drinking places are currently allowed as an "S" Special Use in two of the City's office zones,
"LO" and "MO ". This use within an office building is considered Accessory and is therefore
subject to several pre- conditions. The drinking place use is further allowed as a "P" Permitted
Use in the SR, GR, TODD (MU -4), TODD (MU -5) and TODD (LI -4) zoning use districts. The
proposed amendment will adjust the use category from "P" Permitted Use to "S" Special Use for
the five commercial zoning use districts.
Liquor Store
A liquor store is currently allowed as a "P" Permitted Use in the SR, GR, TODD (MU -4), TODD
(MU -5) and TODD (LI -4) zoning use districts. The proposed amendment will adjust the use
category from "P" Pennitted Use to "S" Special Use for the five commercial zoning use districts.
General Requirement
For several years resolutions approving a special use application have contained a generic
condition that if in the future the use is determined by the Director of Planning, to be adversely
affecting the health or safety of the public, the special use approval may be modified or revoked
by the City Commission upon notification and public hearing. This statement is not now codified
(in the text of the LDC) and this amendment is an appropriate reason for incorporating the
generic condition in the Code. The two uses "drinking place" and "liquor store" and all special
uses would automatically be subject to this condition upon approval (see Amendment No. 3
below).
Mr. Youkilis stated that the proposed changes are contained in the attached draft ordinance. Mr.
Youkilis recommended that the proposed amendments to Section 20- 3.3(D), Permitted Use
Schedule and Section 20 -3.4 Special Use Conditions be approved.
Mr. Whitman asked if the special use would apply for someone who was already granted
permission. Mr. Vageline stated that it would apply to those that were approved by a resolution.
Mr. Whitman asked if those who would have been approved last year; would you decline their
approval. Mr. Youkilis stated that paragraph four was already included in all special uses
approved over the last five years.
Mr. Morton asked if someone did not have a special use permit would they then have to come
back and ask for a special use approval. Mr. Youkilis stated that with the new wording would
subject all future special use requests to the new provision. Mr. Youkilis also added that there are
uses that are not renewed. If the property has lost it status (grandfather) then whoever takes over
would have to apply for a new special use approval.
Mr. Morton asked about the definition of a liquor store verses a convenience store that sells
liquor. Mr. Whitman interjected and asked if there was a definition of a liquor store. Mr.
Youkilis stated that the City Code does use the word package store, but the LDC uses liquor
store.
Mr. Whitman stated that there was no definition of package store in the City Code but there is a
definition of drinking establishment under Section 20 -2.3 of the LDC. Mr. Whitman read the
definition of a Drinking Place: Drinking place (bar or lounge). Shall mean an establishment
devoted primarily to the sale of alcoholic beverages for consumption on premises and where
entertainment may be provided.
Mr. Morton asked if a convenience store was addressed anywhere in the City Code. Mr.
Youkilis stated no. Mr. Cruz asked if there is a definition for a liquor store. Mr. Youkilis said
no. Mr. Morton suggested that the convenience store is more problematic then a liquor store. Mr.
Whitman inquired if the State had a definition on liquor store.
Mr. Morton asked what the difference is between the liquor and convenience store would be. Mr.
Goldstein, Assistant City Attorney stated that the primary difference is that the revenue of the
liquor store comes directly from the sale of liquor where as at a convenience store the revenue
comes from different products sold; not just liquor. Mr. Goldstein stated that a definition should
be added.
Mr. Whitman stated that maybe a definition of a liquor store is needed. Mr. Youkilis stated that
there are hundreds of uses in the Code but only 50 have a definition. Mr. Whitman inquired if the
liquor stores need licensure. Mr. Cruz responded by saying yes.
Ms. Young inquired if staff got any public comments on this change. Mr. Youkilis said no.
Mr. Morton opened and closed the Public Hearing. There were no public comments.
Motion: Mr. Whitman made a motion to have staff write a definition for a liquor store along
with accepting the proposed ordinance changing Drinking Place and Liquor Store from a
permitted use to a special use in commercial zoning districts. Seconded by Mr. Farfan
Motion: Mr. Morton asked the Board to vote first on adding the amendment of Section 20 -2.3
creating a definition of a Liquor Store. Seconded by Mr. Cruz.
Vote: 5 ayes, 0 nays
Motion was adopted and passed.
Motion: Mr. Morton asked the Board to vote on the total proposed ordinance. Seconded by Mr.
Whitman.
Vote: 5 ayes, 0 nays
Motion was adopted and passed.
To: Honorable Chair and Date: February 17, 2010
Planning Board Members
From: Thomas J. Vageline, Director �� Re: LDC Amendment — Permitted
Planning and Zoning Department Use Schedule Sec. 20- 3.3(D)
Special Use Conditions Section 20-
3.4
PB -10 -001
Applicant: City of South Miami
AN ORDINANCE OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT TO LAND
DEVELOPMENT CODE SECTION 20- 3.3(D) ENTITLED PERMITTED USE
SCHEDULE IN ORDER TO CHANGE DRINKING PLACE AND LIQUOR STORE
FROM A PERMITTED USE IN COMMERCIAL ZONING USE DISTRICTS TO A
SPECIAL USE IN COMMERCIAL ZONING USE DISTRICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND
PROVIDING FOR AN EFFECTIVE DATE.
BACKGROUND
During its current review of the entire Land Development Code the Planning and Zoning
Department staff has determined that certain provisions may need immediate consideration due
to legal problems, technical wording errors, or to respond to specific issues which the City is
facing and can not resolve.
A number of uses because of their product, hours of operation, noise, or impact on adjacent
neighbors (residential or businesses) are designated in the Permitted Use Schedule as "S"
Special Uses which require public hearings and special approval by the City Commission with
possible conditions attached. Examples of special uses in the South Miami LDC are restaurants,
private clubs, religious institutions, hospitals, veterinarian offices and bowling alleys
REQUESTED AMENDMENT
During recent discussions with the City Manager it was determined that there are some
additional uses which should receive stricter scrutiny before new locations are approved and
business licenses issued. A specific concern is related to the uses "drinking place" and "liquor
LDC Anzendnzent
February 17, 2010
Page 2 of 4
store" which are both listed as permitted uses in all of the City's commercial zoning districts. A
listed "P" or Permitted Use is not subject to any form of oversight or special approval before the
issuance of the occupational license and certificate of use.
The City Manager has requested the Planning Board to consider amending the current Permitted
Use Schedule to convert drinking places and liquor stores from being a "P", Permitted Use to
an "S" Special Use in commercial zoning districts. Due to the type of business the Planning and
Zoning Department concurs that the oversight and additional scrutiny provided by the special
use permit (public hearing) process is appropriate for a drinking place use and a liquor store use.
CURRENT LDC REGULATIONS
Drinking Place
Drinking places are currently allowed as an "S" Special Use in two of the City's office zones,
"LO" and "MO ". This use within an office building is considered Accessory and is therefore
subject to several pre- conditions set forth in Section 20 -3.4 (16) entitled "Special use
conditions" and as shown below::
"(16) ACCESSORY RETAIL AND SERVICE USES. Within any permitted
principal building in LO or MO districts, accessory retail or service
uses may be permitted provided that:
(a) Such uses are located entirely within the principal building for
the convenience of the occupants of or visitors to the principal
use;
(b) Such uses do not occupy more than ten (10) percent of the gross
floor area of the principal building in which located; and
(c) Such uses shall not have any signs or advertising visible from
outside the principal building."
The drinking place use is further allowed as a "P" Permitted Use in the SR, GR, TODD (MU -4),
TODD (MU -5) and TODD (LI -4) zoning use districts. The proposed amendment will adjust the
use category from "P" Permitted Use to "S" Special Use for the five commercial zoning use
districts.
Liquor Store
A liquor store is currently allowed as a "P" Pernlitted Use in the SR, GR, TODD (MU -4),
TODD (MU -5) and TODD (LI -4) zoning use districts. The proposed amendment will adjust the
use category from "P" Permitted Use to "S" Special Use for the five commercial zoning use
districts.
General Requirement
For several years resolutions approving a special use application have contained a generic
condition that if in the future the use is determined by the Director of Planning, to be adversely
LDC Amendinent
February 17, 2010
Page 3 of 4
affecting the health or safety of the public, the special use approval may be modified or revoked
by the City Commission upon notification and public hearing. This statement is not now
codified (in the text of the LDC) and this amendment is an appropriate reason for incorporating
the generic condition in the Code. The two uses "drinking place" and "liquor store" and all
special uses would automatically be subject to this condition upon approval (see Amendment
No. 3 below).
SPECIFIC LDC AMENDMENTS
In order to accomplish what is requested Section 20- 3.3(D) Permitted Use Schedule and Section
20 -3.4 Special Use Conditions must be amended as follows:
(1)
Section 20 -3.3 (D) Permitted Use Schedule
RETAIL AND WHOLESALE TRADE
Drinking Place
S
S
P
ZONING
P
P
DISTRICT
16
7
R
L
M
N
S
G
T
T
T
T
T
H
P
P
C
P
O
O
O
R
R
R
O
O
O
O
O
I
R
O
A
D
D
D
D
D
N
R
USE TYPE
D
D
D
D
D
D
K
M
M
L
P
P
U
U
I
I
R
4
5
4
RETAIL AND WHOLESALE TRADE
Drinking Place
S
S
P
P
P
P
P
16
7
S
S
S
S
S
Parking requirement category No. 7 ; requires 1 space per 100 gross sq ft;
(2)
Liquor Store
I?
P
I?
P
P
TT
S
S
S
S
S
Parking requirement category No. 11; requires 1 space per 300 gross sq ft
(3)
Section 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 -3.3E D), 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:
(A) General Requirements.
(1) All such uses shall comply with all requirements established in the appropriate
zoning use district, unless additional or more restrictive requirements are set
forth below or by the city commission.
LDC Amendment
February 17, 2010
Page 4 of 4
(2) All such uses shall be determined to be of a compatible and complementary
nature with any existing or planned surrounding uses.
(3) A public hearing shall be held by the city commission to determine the overall
compatibility of the use with the surrounding neighborhood.
(4) If a special use is, in the future, determined by the Director of Planning, to
be adversely affecting the health or safety of persons residing or working in
the vicinity of the proposed use, to be detrimental to the public welfare or
property or improvements in the neighborhood, or to be not in compliance
with other applicable Code provisions, the special use approval may, be
modified or revoked by the City Commission upon notification and public
hearing.
Note: New wording shown in bold/underlin wording to be removed shown in4trlke-ihpough�
RECOMMENDATION
It is recommended that the proposed amendments to Section 20- 3.3(D), Permitted Use Schedule
Section 20 -3.4 Special Use Conditions as set forth above be approved.
Attachments:
Public Notice
TJV /SAY
X:\PB \PB Agendas Staff Reports\2010 Agendas Staff Reports\2- 17- 10 \PB -10 -001 LDC Amend Drinking Pt .doc