9South Miami
AN•Americaciry
CITY OF SOUTH MIAMI 1'
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Buford R. "Randy" Witt, Acting City Manager e'd L,
From: Thomas J. Vageline, Director
Planning and Zoning Department &
Date: August 3, 2010 ITEM
Subject:
An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend
Section 20 -3.3 (D) of the Land Development Code entitled "Permitted Use Schedule" in order to:
change the existing "School, Elementary or Secondary" use category and the existing "School,
Vocational' use category from "P" Permitted use category to "S" Special Use category; to create a
new use type entitled "School, Private or Charter" with all development in the new "School, Private
or Charter" use category being classified as an "S" Special Use; and amending Section 20 -3.4
entitled "Special Use Conditions" in order to set forth general and special requirements applicable
to all three school use categories; providing for severability; providing for ordinances in conflict;
and providing an effective date.
BACKGROUND
The City Commission at its June 2, 2010 meeting adopted Resolution No. 116-10-13150 directing the
Planning and Zoning Department and the Planning Board to consider an ordinance revising Land
Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order to change the existing
"School, Elementary or Secondary" and the existing "School, Vocational" permitted use categories from
"P" Permitted Use to "S" Special Use; and to create a new use type entitled "School, Private or Charter"
with all development in the new "School, Private or Charter" use type being classified as an "S" Special
Use (see attached resolution).
The "Permitted Use Schedule" is a list of all uses which are allowed in each zoning district and also sets
forth for each use whether it is a "P" use, permitted as of right use, or an "S" use requiring approval via
the special use process. It is important to note that existing uses "School, Elementary or Secondary" and
the "School, Vocational' are both permitted uses as of right in certain zoning districts. In addition the
Permitted Use Schedule does not contain a separate listing for a private or charter school.
It is City policy that certain land uses due to their potential impact on traffic or compatibility with a
neighborhood should be subject to special use approval which allows for the placement of development
and use conditions. During the past few years there has been school development both public and private
which did not receive an appropriate level of review by South Miami residents and property owners.
A modification to the permitted use schedule requiring the special use approval process for all types of
school development is an appropriate safeguard. The development impact of public, private, charter and
vocational schools would be part of the review process. This process allows for special conditions to be
assigned as part of the approval granted.
In addition it is also suggested that general conditions and requirements be set forth which would be
applicable to all school development going through the review process. These are listed in Section 20 -3.4
entitled "Special Use Conditions"
PROPOSED LDC AMENDMENTS
The attached LDC Amendment documents will accomplish what the City Commission is requesting.
(1) Permitted Use Schedule Amendment. Section 20- 3.3(D). All public, private, charter and
vocational schools are to be classified as "S', Special Use. It is important to note that public
school development under State law is not subject to local zoning, however, it is anticipated that
new school policies encourage voluntary cooperation.
(2) Special Use Conditions . Section 20 -3.4 (23). A new section is provided which lists seven
requirements which will be applicable to all school development projects. These conditions are
mandatory and could be added to by the Board or City Commission during the special use public
hearing.
PLANNING BOARD ACTION:
The Planning Board at its June 15, 2010 meeting adopted a motion by a vote of 6 ayes 0 nay
recommending approval of the proposed amendment.
RECOMMENDATION
It is recommended that the amendments as set forth in the attached draft ordinance be approved.
Backup Documentation:
Draft Ordinance
Resolution No. 116 -10 -13150
Planning and Zoning Dept. Staff Report 6 -15 -10
Planning Board Minutes Excerpt 6 -15 -10
TJV /SAY
X: \Comm Items\2010 \8- 3- 10\LDC Amend Comm Schools S Use CM Report.doc
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ORDINANCE NO.
An ordinance of the Mayor and City Commission of the City of South Miami,
Florida, to amend Section 20 -3.3 (D) of the Land Development Code entitled
"Permitted Use Schedule" in order to: change the existing "School, Elementary or
Secondary" use category and the existing "School, Vocational" use category from "P"
Permitted use category to "S" Special Use category; to create a new use type entitled
"School, Private or Charter" with all development in the new "School, Private, or
Charter" use category being classified as an "S" Special Use; and amending Section
20 -3.4 entitled "Special Use Conditions" in order to set forth general and special
requirements applicable to all three school use categories; providing for severability;
providing for ordinances in conflict; and providing an effective date.
WHEREAS, the City Commission at its June 2, 2010 meeting adopted Resolution
No. 116-10-13150 directing the Planning and Zoning Department and the Planning Board
to consider an ordinance revising Land Development Code Section 20- 3.3(D) entitled
"Permitted Use Schedule" in order to change the existing "School, Elementary or
Secondary" and the existing "School, Vocational" permitted use categories from "P"
Permitted Use to "S" Special Use; and to create a new use type entitled "School, Private
or Charter" with all development in the new "School, Private or Charter" use type being
classified as an "S" Special Use; and
WHEREAS, It is City policy that certain land uses due to their potential impact on
traffic or compatibility with a neighborhood should be subject to special use approval
which allows for the placement of development and use conditions.; and
WHEREAS, A modification to the permitted use schedule requiring the special use
approval process for all types of school development is an appropriate safeguard allowing for the
development impact of public, private, charter and vocational schools to be part of a public review
process; and
WHEREAS, the Planning and Zoning Department prepared an amendment to
Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule Amendment" All
public, private, charter and vocational schools are to be classified as "S', Special Use; and
WHEREAS the Planning and Zoning Department prepared an amendment to
Land Development Code Section 20 -3.4 (B) "Special requirements" in order to add a new
subsection to be entitled "Schools" which sets forth seven requirements which will be
applicable to all school development projects and which will be mandatory and added to
by the Board or City Commission during the special use public hearing process; and
WHEREAS, the Planning Board at its June 15, 2010 meeting conducted a public
hearing and adopted a motion by a vote of 6 ayes 0 nays recommending approval of the
proposed amendment; and
WHEREAS, the City Commission desires to accept the recommendation of the
Planning Board and enact the aforesaid amendment.
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NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That Section 20- 3.3(D). entitled "Permitted Use Schedule" of the Land
Development Code is hereby amended as set forth on the attached page.
Section 2. That Section 20- 3.4(B). entitled "Special requirements" of the Land Development
Code is hereby amended to read as follows:
20 -3.4 Special use conditions.
(B) Special Requirements.
(23) SCHOOLS: The following requirements shall be applicable to all schools allowed as a
special use:
(1) All required parking for the school shall be located on site.
(22) The drop off and pick -up loading zone areas for students sball be completely
accommodated on site.
{� All proposed driveways vehicular circulation and parking areas shall be designed to
avoid a back up of traffic onto a public right -of -way.
(4) No ingress or egress to a school shall be permitted through abutting residentially
zoned parcels.
((5) When adjacent to a residential zone district a landscape opaque buffer shall be
constructed along dividing property lines.
(66) All playground and athletic activities areas shall be accommodated on site.
(7) There may not be any school activities on site after 10:00 PM.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
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. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of 2010
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ATTEST:
CITY CLERK
1 st Reading —
2" d Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
3
APPROVED:
IT MEMO '
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
(New wording in bold and underlined; wording removed in
X'IComm ItemsVOI M8 -3 -101 LDC Amend Schools S Use Ord.doc
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RESOLUTION NO. 116 -10 -13150
A Resolution of the Mayor and City Commission of the City of South Miami, Florida
directing the Planning and Zoning Department and the Planning Board to consider an
ordinance revising Land Development. Code Section 20- 3.3(D) entitled "Permitted Use
Schedule" in order to change the existing "School, Elementary or Secondary" . and the
existing "School, Vocational" permitted use categories from "P" Permitted Use to "S" Special
Use; and to create a new use type entitled "School, Private or Charter" with all development
in the new "School, Private or Charter" use type being classified as an "S" Special Use; and
providing for an effective date.
WHEREAS, Land Development Code Section 20- 3.3(D) entitled "Permitted Use
Schedule" is a list of all uses which are allowed in each zoning district and also sets forth for each
use whether it is a "P" use, permitted as of right use, or an "S" use requiring approval via the
special use process; and
WHEREAS, existing uses "School, Elementary or Secondary" and the "School,
Vocational" are both permitted uses as of right in certain zoning districts; and
WHEREAS, the Permitted Use Schedule does not contain a listing for a private or
charter school; and
WHEREAS, it is City policy that certain land uses . due to their potential impact on
traffic or compatibility with a neighborhood should be subject to special use approval which
allows for the placement of development and use conditions; and
WHEREAS, the City considers the development impact of public, private, charter
and vocational schools should be subject to review as part of a Special Use approval process.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That the Planning Board and the Planning and Zoning Department are requested to
initiate and recommend upon necessary legislation to amend Land Development Code Section 20-
3.3(D) entitled "Permitted Use Schedule" in order to change the existing "School, Elementary or
Secondary" and the existing "School, Vocational" permitted use categories from "P" Permitted Use
to "S" Special Use; and to create a new use type entitled "School, Private or Charter" with all
development in the new "School, I Private or Charter" use type being classed as an "S" Special
Use;
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this 2 n; =flay ofiune 2010
ATTEST: APPROVED:
TY CLE K- ��
Res. No
116 -10 -13150
2
READ AN APPROVED AS TO FORM
AND SU CIENCY:
Commission Vote:
4 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea
Commissioner Palmer:
absent
Commissioner Beasley:
yea
Commissioner Harris:
Yea
X: \Comm Items \2010 \6.2- 10\LDC Amend School Category Resol.doc
To: Honorable Chair and
Planning Board Members
)From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: June 15, 2010
Re: LDC Amendment — Permitted
Use - Schools To S Category See. 20
20- 3.3(D); Sec. 20 -3.4
PB -10 -008
Applicant: City of South Miami
An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to
amend Section 20 -3.3 (D) of the Land Development Code entitled "Permitted Use
Schedule" in order to: change the existing "School, Elementary or Secondary" use
category and the existing "School, Vocational' use category from "P" Permitted use
category to "S Special Use category; to create a new use type entitled "School, Private or
Charter" with all development in the new "School, Private or Charter" use category being
classified as an "S" Special Use; and amending Section 203.4 entitled "Special -Use
Conditions" in order to set forth general and special requirements applicable to all three
school use categories; providing for severability; providing for ordinances in conflict; and
providing an effective date.
BACKGROUND
The City' Commission at its June 2, 2010 meeting adopted Resolution No.116 -10 -13150
directing the Planning and Zoning Department and the Planning Board to consider an ordinance
revising Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order
to change the existing "School, Elementary or Secondary" and the existing "School,
Vocational' permitted use categories from "P" Permitted Use to "S" Special Use; and to create
a new use type entitled "School, Private or Charter" with all development in the new "School,
Private or Charter" use type being classified as an "S" Special Use (see attached resolution).
The "Permitted Use Schedule" is a list of all uses which are allowed in each zoning district and
also sets forth for each use whether it is a "P" use, permitted as of right use, or an "S" use
requiring approval via the special use process. It is important to note that existing uses "School,
Elementary or Secondary" and the "School, Vocational' are both permitted uses as of right in
certain zoning districts. In addition the Permitted Use Schedule does not contain a separate
listing for a private or charter school.
LDCAmendment
June 15, 2010
It is City policy that certain land uses due to their potential impact on traffic or compatibility
with a neighborhood should be subject to special use approval which allows for the placement of
development and use conditions. During the past few years there has been school development
both public and private which did not receive an appropriate level of review by South Miami
residents and property owners.
A modification to the permitted use schedule requiring the special use approval process for all
types of school development is an appropriate safeguard. The development impact of public,
private, charter and vocational schools would be part of the review process. This process allows
for special conditions to be assigned as part of the approval granted.
In addition it is also suggested that general conditions and requirements be set forth which
would be applicable to all school development going through the review process. These are
listed in Section 20 -3.4 entitled "Special Use Conditions"
PROPOSED LDC AMENDMENTS
The attached LDC Amendment documents will accomplish what the City Commission is
requesting.
(1) Permitted Use Schedule Amendment. Section 20- 3.3(D). All public, private, charter and
vocational schools are to be classified as "S', Special.Use. It is important to note that
public school development under State law is not subject to local zoning, however, it is
anticipated that new school policies encourage voluntary cooperation.
(2) Special Use Conditions . Section 20 -3.4 (23). A new section is provided which lists
seven requirements which will be applicable to all school development projects. These
conditions are mandatory and could be added to by the Board or City Commission
during the special use public hearing.
RECOMMENDATION
It is recommended that the proposed amendments set forth on the attached amendment
documents be approved.
Attachments:
(1) LDC Amendment Document- Permitted Use Schedule
(2) LDC Amendment Document- Special use conditions
Resolution No. 116 -10 -13150
Public Notices
X:\PB\PB Agendas Staff Reports \2010 Agendas Staff Reports \6- 15- 1 0\PB -10 -008 LDC Amend Schools Report .doc
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LDC Amendment
June 15, 2010
0
LAND DEVELOPMENT CODE AMENDMENT- SPECIAL USE CONDITIONS
20 -3.4 Special use conditions.
(B) Special Requirements.
(23) SCHOOLS: following requirements shall be applicable to all schools allowed
as a special use:
(1) All required parking for the school shall be located on site.
The drop off and pick -up loading zone areas for students shall be completely
accommodated on site.
All proposed driveways vehicular circulation and parking areas shall be designed to
avoid a back up of traffic onto a public riZht -of -way.
(4) No ingress or egress to a school shall be permitted through abutting residentially
zoned parcels.
When adjacent to a residential zone district, a landscape opaque buffer shall be
constructed along dividing property lines.
0 All playground and athletic activities areas shall be accommodated on site.
There may not be any school activities on site after 9:00 PM.
CITE' OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting DRAFT
Meeting Minutes
Tuesday, June 15, 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 7:46 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Vice Chair Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Whitman, Mr.
Farfan, Ms. Beckman and Mr. Cruz. Board members absent: Ms. Yates.
City staff present: Mr. Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant) and Marcus Lightfoot (Permit Facilitator).
Deputy City Attorney: Mr. Mark Goldstein
III. Planning Board Applications/Public Hearings
PB40 -008
Applicant: City of South Miami
An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to
amend Section 20 -3.3 (D) of the Land Development Code entitled "Permitted Use
Schedule" in order to: change the existing "School, Elementary or Secondary" use category
and the existing "School, Vocational" use category from "P" Permitted use category to "S"
Special Use category; to create a new use type entitled "School, Private or Charter" with all
development in the new "School, Private or Charter" use category being classified as an
"S" Special Use; and amending Section 20 -3.4 entitled "Special Use Conditions" in order to
set forth general and special requirements applicable to all three school use categories;
providing for severability; providing for ordinances in conflict; and providing an effective
date.
Planning Board Meeting
June 15, 2010
Page 2 of 4
Action: Mrs. Beckman read the item into the record.
Mr. Vageline commented that this topic was referred to the Department by the City Commission
on June 2, 2010 and asked that schools be reviewed and explored so that there could be a little
more control over where schools could be located and conditions under which would be allowed
to operate. There have been several experiences of existing schools that have been built which
created difficulties in parking or drop off times with traffic congestion. In looking at the
Permitted Use, there are two types of schools that are currently listed; one is "school elementary
and secondary ". The second is "school vocational'. A new use category "school private or
charter" needs to be added. The two categories already listed are shown as Permitted Use in the
zoning districts were they are allowed. Staff is recommending they be changed to "S" for Special
Use so that more consideration could be given to the issues that schools present prior to them
being approved. and constructed. This is a procedure to provide an opportunity to inform the
public of future projects so their questions could be addressed. A couple of issues that staff
currently has is that businesses adjacent to the schools find that there are no parking spaces
available for their customers. General parking is consumed to the point that other entities cannot
park where they normally park. The largest issue is the drop off and pick up area for the school.
He recommended that a Special Use approval would require the applicant to submit a plan for
addressing drop off and pick up.
Mr. Morton questioned what are the code numbers on the Permitted Use Schedule: Mr. Youkilis
replied that the last two columns have to do with what parking category they are in. The second
number is a list of pre -set conditions for public, charter and private schools. The parking
category requires one space for every four hundred square feet which is standard for schools. In
addition staff is recommending adding the following pre - conditions:
(1) All required parking for the school shall be located on site.
The drop off and pick -up loading zone areas for students shall be completely
accommodated on site.
All proposed driveways vehicular, circulation, and parking areas shall be designed to
avoid a back up of traffic onto a public right -of- -way.
I No ingress or egress to a school shall be permitted through abutting residentially
zoned parcels.
When adjacent to a residential zone district, a landscape opaque buffer shall be
constructed along dividing property lines.
,(6) All playground and athletic activities areas shall be accommodated on site.
There may not be any school activities on site after 9:00 PM.
Planning Board Meeting
June 15, 2010
Page 3 of 4
Mrs. Young questioned why staff is proposing that there be no school activities after 9 PM. Mr.
Youkilis responded that after 9 PM activities could disrupt local residential areas. Mrs. Young
suggested that scheduled events cannot end no later than after 9:00 P.M. She suggested that the
words technical and vocational be added in Section 20- 3.3(D).
Mr. Cruz questioned the reason for the conditions. Mr. Youkilis replied that he had seen similar
regulations used in other cities such as Coral Gables, where they are having an issue with a new
charter school. Mr. Cruz questioned what the noise ordinance for a residential area is. Mr.
Youkilis responded that there can be no excess noise after 11:00 P.M.
The Vice Chair opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Sharon McCain 7502 SW 58 Avenue Opposes
Ms. McCain commented that there are several issues with the charter school. As of this moment,
there are two schools that would like to expand. She commented that she likes the proposed draft
even though she does not know the Coral. Gables guidelines, There needs to be some guidelines
set in place. McCain questioned if the foot print of the building dictates how many students you
could have and maybe this regulation could be put in the City of South Miami Code. Ms.
McCain suggested that staff look at other city charters in order to come up with more guidelines.
Mr. Youkilis mentioned that in every district there is a limitation on how many students are
allowed.
Mr. Cruz questioned that the field across from the building is not their field and that they use the
roof. Mr. Youkilis responded yes that is correct, but the school is allowed to do that under school
board guidelines.
Mr. Cruz commented that there are regulations for the amount of students in a school and he
does not believe that there is a leeway for charter schools.
Mr. Whitman questioned if special conditions be imposed as part of a Special Use approval. Mr.
Youkilis responded yes.
Mr. Cruz questioned if there is a charter school as of the moment in the planning phase. Mr.
Youkilis replied no.
Mrs. Beckman questioned the current charter school (Somerset) could it have been built if it did
not meet these regulations. Mr. Youkilis responded that the school does not have enough parking
even though they are paying a yearly parking fee for having on- street spaces credited to them.
Mrs. Beckman questioned with Special Requirements in (B)(22) certain schools have concerts
and activities past 9 PM. Could they request a permit past the time or hire a police officer for
those hours?
Planning Board Meeting
June 15, 2010
Page 4 of 4
Mr. Whitman stated that the Board should move forward and vote on the item.
The Vice Chair closed the public hearing.
Mr. Morton questioned at what time they close the park. Mrs. Beckman responded dusk. Mr.
Morton recommended that the school activities cannot go past 10:00 P.M.
Motion: Mrs. Young moved to approve the application with the pre - conditions recommended
and the modifications as stated. Mr. Cruz seconded.
Vote: 6 Ayes 0 Nays
TJV /SAY
X:\Comm Items\ 2010 \8- 3- 10\PB.Minutes.6.15.2010 Excerpt Schools S Use .doc