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18To: Via: From: Date: South Miami M•Gmedcaft CITY OF SOUTH MIAMI , ' P OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 The Honorable Mayor Stoddard and Member of the City Commission Hector Mirabile, Ph.D., City Manager Thomas J. Vageline, Director Planning and Zoning Department January 4, 2011 REVISED ITEM No. Subiect 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 "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 2 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 AMENDMENT 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 nine 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 (June 15): The Planning Board at its meeting on June 15, 2010 conducted a public hearing on the proposed draft of the legislation. A motion was adopted by a vote of 6 ayes 0 nays recommending approval of the proposed amendment. CITY COMMISSION ACTION The item was presented to the City Commission meeting on August 17, 2010 (meeting minutes excerpt attached) and there was discussion regarding several issues associated with this topic. Among the items discussed were concerns about enrollment size and traffic. It was felt that a traffic study regarding the affect of a proposed school on the surrounding neighborhood should be provided. The time limit for school activities was also discussed. It was expressed that a charter school within the City should accept students from the City. The draft ordinance was referred back to the Planning Board for further analysis. PLANNING BOARD ACTION (November 9): The Planning Board at its meeting on November 9, 2010 conducted a public hearing on a revised draft of the legislation. A motion was adopted by a vote of 5 ayes 0 nays recommending approval of the proposed amendment. CITY COMMISSION FIRST READING AMENDMENT The City Commission at its December 7, 2010 meeting reviewed the subject ordinance on first reading and approved several technical amendments to the Special Requirements section of the proposed legislation. The amendments adjust the parking requirement for schools (No. 2) and clarifies the section on limiting night activities at a school (No. 11). These amendments are shown on the revised alternate ordinance. 2 RECOMMENDATION It is recommended that the amendments as set forth in the attached revised alternate draft ordinance be approved. Attachments: Draft Ordinance Resolution No. 116 -10 -13150 City Commission Minutes Excerpt 8 -17 -10 Planning Dept. Staff Report 11 -9 -10 Planning Board Minutes Excerpt 11 -9 -10 TJV /SAY X: \Comm ttems\2011 \1 -4 -1 ALDC LDC Amend Schools S Use CM Report -doe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ORDINANCE NO. (ALTERNATE REVISED) 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 at its August 17, 2010 meeting reviewed the proposed legislation and referred the item back to the Planning Board requesting additional study; and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 2 WHEREAS, The Planning Board at its meeting on November 9, 2010 conducted a public hearing on a revised draft of the legislation and a motion was adopted by a vote of 5 ayes 0 nays recommending approval of the proposed revised amendment. 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- 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) The maximum student capacity of a school (K -12) shall not exceed one hundred (100) students per net acre based upon the site size of the property. (2) Notwithstanding the parking requirements set forth in Section 20- 4.4(B) (12), all schools, except high schools, shall provide one parking space for every three hundred (300) square: feet: of gross floor area. High schools shall provide one parking space for every two hundred (200) square feet of gross floor area. (3) The proposed school shall meet State standards for class size and for recreation and open space. (4) A traffic study to include a parking impact on the surrounding neighborhood and requirements for adequate queuing on site shall be provided indicating the impact of the proposed facility on the surrounding area; the traffic study consultant shall contract with the City and be paid for by the school applicant. 3 1 2 (5) All required parking for the school shall be located on site. 3 (6) The drop off and pick -up loading zone areas for students shall be 4 completely accommodated on site. 5 (7) All proposed driveways, vehicular circulation, and parking areas shall be 6 designed to avoid a back up of traffic onto a public right -of -way. 7 (8) No ingress or egress to a school shall be permitted through abutting 8 residentially zoned parcels. 9 (9) When adjacent to a residential zone district, a landscape opaque buffer 10 shall be constructed along dividing property lines. I (10) All playground and athletic activities areas shall be accommodated on 12 site. 13 (11) There may not be any school activities on site after 11:00 PM on 14 weeknights and H,00 PAI on Fridays-��- 15 (12) The school shall be financially responsible for the appropriate solution of 16 any problems that arise after approval. 17 (13) If the proposed school is, in the future, determined by the Director of 18 Planning, to be adversely affecting the health or safety of persons residing or 19 working in the vicinity of the proposed use, to be detrimental to the public 20 welfare or property or improvements in the neighborhood, or to be not in 21 compliance with other applicable Code provisions, the special use approval 22 may be modified or revoked by the City Commission upon notification and 23 public hearing. 24 25 26 27 Section 3. All ordinances or parts of ordinances in conflict with the provisions of this 28 ordinance are hereby repealed. 29 30 Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason 31 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not 32 affect the validity of the remaining portions of this ordinance. 33 34 Section 5. This ordinance shall be effective immediately after the adoption hereof. 35 36 PASSED AND ADOPTED this day of , 2011 37 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ATTEST: CITY CLERK I" Reading — 2nd Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY 4 APPROVED: u:__•_ COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: (New wording in bold and underlined; wording removed in gkilam) X: \Comm Items \2011\1 -4 -1 BLDG Amend Schools S Use Alternate Ord revised.doc W a A .�. W Ax c: U .W N � W W i-I 0 M To: The Honorable Chair and Date: November 9, 201.0 Planning Board Members From: Thomas J. Vageline, Director RE: LDC Amendment — Permitted Planning and Zoning Department Use — Schools to S Category Sec. 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 Developmenf 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. 1 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. CITY COMMISSION ACTION The City Commission meeting of August 17, 2010 (meeting minutes excerpt attached), there was discussion regarding several issues associated with this topic. Among the items discussed were concerns about enrollment size. Traffic was identified as an issue. There should be a traffic study regarding the affect of the proposed school on the surrounding neighborhood. The time limits for school activities should be changed to 10:00 PM on weeknights and 11:00 PM on Fridays and Saturdays. Neighborhood impacts need to be looked at. It was expressed that charter school within the City should accept students from the City. The item would be referred back to the Planning Board to consider: 1. A request for a traffic study; 2. Target population with respect to means of how to get there; 3. Understanding the intended capacity of the school. It was recommended that the Planning Board get information regarding charter schools. RECOMMENDATION It is recommended that the amendments as set forth in the attached revised draft ordinance be approved. 2 Backup Documentation: Draft Ordinance City Commission Minutes Excerpt 8 -17 -10 Resolution No. 116 -10 -13150 Planning and Zoning Dept. Staff Report 6 -15 -10 Planning Board Minutes Excerpt 6 -15 -10 X:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports \11- 9- 10\LDC Amend Conm Schools S Use Report.doc 3 RESOLUTION NO. 111-10-13150 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 Secondaiyf9 nd the existing "School, Vocational" permitted use categories from "P" Permitted Use to 'IS' . Special Use; and to create a new use type entitled "School, Private or Charter" with 0 development in the new "School, Private-or Charter" use type being classified as an 'IS" Special Use; and providing for an effective date. WHEREAS, Laud 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 - 3E1AS; e is ids "Suhaols 3 iementary orSeeonary "— and th o 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 develops ent 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 X. 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,-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 ofJune > 2010 ATTEST: CITY CL-ERK- 2�� APPROVED: '��r�'ll`'��:� . MAYOR Res. No. 116 -10 -13150 2 READ A APPROVED AS TO FORM AND SU F CIENCY: "I ATTORNEY X:lComm Items�20I016- 2- l0\LDC Amend School Category Resol.doc Commission Vote: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: absent Commissioner Beasley. Yea Commissioner Harris: Yea City of South Miami Regular City Commission Minutes August 17, 2010 The City Commission of the City of South Miami, Florida met in regular session on Tuesday, August 17, 2010, beginning at 7:17 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, and, Commissioners Velma Palmer, Brian D. Beasley and Walter A. Harris. Also in attendance were: Deputy City Attorney Mark A. Goldstein, City Clerk Maria M. Menendez and Acting City Manager Buford R. Witt. B. Moment of Silence: By Mayor Stoddard. C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. D. Presentations(s) Presentation by Richard O'Barry Mr. O'Barry, a well -known activist towards the preservation of the dolphins addressed the Commission, and presented a video prepared by his son Lincoln who is producing a television series for the Animal Planet which will air on August 27th. At the conclusion of the video presentation, Mayor Stoddard presented the Key to the City to Mr. O'Barry. Presentation by Richard Weisskoff, PhD Mayor Stoddard introduced Dr. Weisskoff, who is an economist and who has been researching the options of providing for the City of South Miami, the Village of Pinecrest, Cutler Bay and Palmetto Bay, a study of the economic effects of FPL proposed transmission lines on our economic development relating to property values and job creation. CITY COMMISSION MINUTES ]. August 17, 2010 the interpretation of the Charter Amendment as set forth in Resolution No. 53- 10- 13087; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (Acting City Manager) Moved by Commissioner Beasley, seconded by Mayor Stoddard. Mr. Youkilis explained that the purpose of this item is just to correct the Land Development Code to make sure that it is consistent with the Charter. With no further comments, the motion to approve this item passed by a 5 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Yea Commissioner Harris: Yea Mayor Stoddard: Yea 18. 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. 3/5 (Mayor Stoddard) Moved by Commissioner Beasley, seconded by Mayor Stoddard to approve this item. Vice Mayor Newman expressed concern with this ordinance, saying that for one thing, there should be limitation on enrollment. CITY COMMISSION MINUTES 12 August 17, 2010 A� �ro�ed. I Mayor Stoddard said that another thing that must be taken into consideration is traffic, and it has not been placed as a condition, the stipulation that there will be a traffic study about the impact on the neighborhood. He also referred to the after - school activities after 7:00 p.m., and that the language should indicate a limit of 10:00 p.m. on weeknights and 11:00 p.m. on Fridays and Saturdays to allow for school dances. He said that the focus should be on neighborhood impacts; therefore, school size and traffic are really the two things that have to be addressed. The Commission also discussed the importance for charter schools located in our City to accept students residing within our community. Mayor Stoddard recommended sending the ordinance back to the Planning Board for addressing: (1) a request for a traffic study; (2) target population with respect to means of how to get there; and (3) understanding the intended capacity of the school. Commissioner Palmer expressed concern as to how would the City monitor or enforce how people will get to the school. She recommended for the Planning Board to get information regarding charter schools from the School Board. with no further comments, the motion to defer this item to go back to the Planning Board for review, passed by a 5 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Yea Commissioner Harris: Yea Mayor Stoddard: Yea 19. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20- 5.16(F) of the Land Development Code entitled "Unity of Title submittal procedures" in order to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title and subsection 20- 5.16(F) entitled "Required provisions to be included in the Declaration of Restrictive Covenants in Lieu of Unity of Title "; amending Section 20 -7.30 (A) and Section 20- 8.16 (A) to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title; CITY COMMISSION MINUTES 13 August 17, 2010 To: Honorable Chair and Planning Board Members From: Thomas J. Vageline, Director Planning and Zoning Department Date: June 15, 2010 Re: LAC Amendment Permitted Use - Schools To S Category Sec. 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 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. LDC Amendment June 15, 2010 2 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 oevelopmenr going u, listed in Section 20 -3.4 entitled "Special Use Conditions" process. e ee are 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) LDCAmendment Document- Permitted Use Schedule (2) LDC Amendment Document- Special use conditions Resolution No. 116-10-13130 Public Notices X:\PB\PB Agendas Staff Reports\2010 Agendas Staff ReportA6- 15- 10\PB -10 -008 LDC Amend Schools Report .doc a.da'�4 UOZA a. d ©a� x 0 WW � O H � a HOgp a,-.a o. � A t �Ra r C7 Pi M � x N A0A Ga ao ao � ��Hc1t Ri� W A F� Yq V �iy C Q a W a.da'�4 UOZA a. d ©a� x 0 HOgq as Hopp a HOgp a,-.a E. 0 Qa n Hopq �Ra r C7 Pi zx o ao ao pJ.�N 1• Ri� W a�Frn fCmv� �iy C Pi !A M L G i C a P r., 0 M ©a� 0 oa ®a ©a - KIM Ell MIR c- r., 0 M LDCAmendment June 15, 2010 H LAND DEVELOPMENT CODE AMENDMENT- SPECIAL USE CONDITIONS 20 -3.4 Special use conditions. (B) Special Requirements. (1) All reciulred narking for the school shall be located on site. ,(2) The drop off and nick -up loading zone areas for students shall be completely accommodated on site. (3) All proposed driveways vehicular circulation and parking areas shall be designed to avoid a back up of traffic onto a public right -of -way. No ingress or egress to a school shall be permitted through abutting residentially zoned parcels. (5) When adjacent to a residential zone district a Iandscape opaque buffer shall be constructed along dividing property lines. L6) All playground and athletic activities areas shall be accommodated on site. There may not be any school activities on site'after. 9:00 PM. CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Meeting Minutes Tuesday, June 1S, 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. Youldlis (Planning & Zoning Consultant) and Marcus Lightfoot (Permit Facilitator). Deputy City Attorney: Mr. Mark Goldstein III. Planning Board Applications/Public hearings PB40 -008 Appl'can't: 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 pu is o e proJec s so exr ques ions co e a resse - coup e o rssues a staff currently has is that businesses adjacent to the schools find at 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 approvaI. 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 Iocated on site. The drop off and pick up Ioading zone areas for students shall be completely .accommodated on site. Ail proposed driveways vehicular circulation and parlring areas shall be designed to avoid a back up of traffic onto a public right-of way. No ingress or egress to a school shall be permitted through abutting residential zoned parcels. When adjacent to a residential zone district a landscape opaque buffer shall be constructed along dividing property lines. (6J All playground and athletic activities areas shall be accommodated on site. (7 There may not be any school activities on site after 9:00 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:. 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 bguidelines. 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\ 20I0 \8- 3- 10 \PB.Minutes.6.15.2010 Excerpt Schools S tise .doc 0("t-11 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tues JanuaN 4. 2011, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20.7.51 entitled "Special exceptions" m order to revise the wording in Section 20.7.51(D) to replace the word "development" with the word "new construction" for the purpose of clarifying when the time limitation begins for development projects which have been granted a special exception in the Hometown Overlay Zone (HD -OV); providing for severabilfty; providing for ordinances in conflict; and providing an effective date. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule' in order to permit a community garden as a 'S' Special Use in the all TODD(L4-4)" Transit Oriented Development District (bight - RE66 ie+4) zoning use district; and amending Section 20 -2.3 entitled "Definitions" to provide a definition of a community garden; providing for sever- ability; providing for ordinances in conflict; and providing an effective date. An Ordinance of the 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 Miami Land Development Code by designating a commercial building located at 5875 Sunset Drive (aka The Dowling Building) as an historic site and by placement of an Historic Preservation Overlay Zone (HP -OV) over the existing zoning use district for this property; providing for severability; providing for ordinances in conflict; and providing an effective date. 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 effectivedate. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to budget; authorizing an increase of expense line item 615 - 1910 -521 -5205 (Federal Forfeiture Computer Equipment) of $53,336.80, from the Federal Forfeiture Fund Balance with a balance of S2i2�48 -.N. 125 7. 25.00, providing for severability, ordinances in conflict, and an effective date. An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida relating to the fee schedule; amending ordinance 21 -09 -2013 as amended by ordinances to, increasing some fees, adding new fees and deleting some lees from the schedule, providing for severability, ordinances in conflict, and an effectivedate. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to purchase mapping software from USA Software Inc. for a total cost of $15,000.00 to be paid at $5,000.00 per year for three years and charged to account number 608- 1910 -521 -3450 (State Contractual Services) providing for an effective date. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to issue a Purchase Order to Sun Recycling, LLC for the recycling of the City's yard waste in the amount of $135,714.75 to be charged to Public Works Refuse Disposal Fee - Recycling Account Number 001- 1720 - 534 - 4341; providing foran effective date. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execule an agreement with the firm of Gila, LLC drb /a/ Municipal Services Bureau (MS8) providing debt collection services for a fee based on a percentage of the principal amount owed to the City, twenty -two percent (22 %) for primary collection services and thirty percent (30%) for secondary collection services, and collecting the same as part of the total payment due from the debtor. This agreement shall be for the duration of an initial one (1) year period with four (4) one (1) year option to renew periods for a possible total term of five (5) years, and providing an effective date. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305 -663 -6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 266.0 105, the City hereby advises the public that if a person decides to appeal any decision made by ibis Board, Agency or Commission with respect to any matter considered at its meeting or heari ng, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 12/17 10- 3- 148/1620138M SE - SUNDAY; DECEMBER 26, 2010 ( 255E ;CALENDAR. information about these and other Wednesday, $10. ifree for members of Temple Meno activities. "Duplicate games, l -4 pm. Mon- .rah reservations required Duplicate Bridge at Temple Beth day Saturday; $8. 305-86 6 -0221 or , Am: 5950 North Kendall Dr, PI- - isidoro Lerman Senior Adult Recre- l:emplemenorah@gmaiI.com. necrest. 305- 667 -6667 ext. 203: ' ational. Group: Includes a lunch , . Senior LIFT Center: 'An activity Introduction to duplicate, 9 a.m followed by a musical program � .center for seniors 55 and up. Fea• 11 Monday; $5. - presented. by Cantor Yoav Kopiowich Mures various card games and':. 'Advance beginner lessons; 9:30 and Richard Shapiro 1250 p m a.m. Tuesday; $10. Wednesdays; The Olemberg Hall, I ; ®TURN TD Cg LE, NDAR '335E Intermediate lessons; 9:30 a.m. 7445 Carlyle Ave, Miami,. Beach; $10, ;r � I cry 00 s&OTH miAmi COURTESY OTICE NOTICE.IS HEREBY given tna6he CIty.Commission of the ,.CRY of South Miami, Florida.wlil conca ublic Hearings at 'its regular City Commission meeting scheduled for Tuesday. January 4-2611, beginning at 7:30 p.m:; following the SMCRA meeting,: in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An ordinance amending the Land Development Code Section 20 -7.51 entitled "Special exceptions ;in order to revise the wording in Section 20- 7.51(D) to replace the word "development "!with the word "new construction" for the purpose of clarifying . when the time limitation begins for development projects which have been granted a special exception in the Hometown Overlay Zone(HD OV). , An Ordinance amending the Land Development Code Section 20-3,3(D) entitled' Permitted Use Schedule" in order to permit community garden as a"$" Special Use in the aQTODD(LI -4) "Transit Oriented Development District (Light Industrial 4) zoning use district; and amending Section 20 -2:3 entitled "Definitions" to provide a definition of a community garden; providing for severability; providing for ordinandes in cor lcT, and providing an effective date. An Ordinance relating to a request tooarri the official zoning map of the-City of South Miami Land Development Code by designating a commercial building located at 5875 Sunset Drive (aka The Dowling Building) as an historic site and by placement of an Historic Preservation Overlay Zone (HP OV) over the• existing zoning use district for this property. 't An ordinance to amend Section 20 3.3 `(D) of the, Land •Development Code entitled 'Permitted .Use Schedule" in order to:: change the existing ' Schcoi, Elementary or Secondary" use category, and ;the existing "School, Vocational' use category from 'P" Permitted use category to "S" Bps ial Use category ; . to create -anew use type entitled "School, Private or Charter' with�ail. 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. An Ordinance relating to budget; authorizing an increase of expense, line. item 615-010,521 , 5205 (Federal Forfeiture Computer Equipment) of $53;336.80, from the Federal Forfeiture Fund Balance with-a balance of'$212,643.03, 125 25_,. '.!. An Ordinance relating to the fee schedule; amending ordinance 21 -09 -2013 as amended by ordinances to increasing some fees, adding new fees and deleting some fees from the'schedule. .�., A Resolution authorizing the City Manager to purchase mapping software from USA Software Inc. for at total cost of $15,000.00 to be paid at $6,000.00 per year for three years and charged to account number 6684910- 521 -3450 (State Contractual Services), A Resolution authorizing the City Manager to issue 'a Purchase, Order to Sun Recycling, LLC for the recycling of the City's yard waste in the amount of $135,714.75 to be charged to Public Works Refuse ' Disposal Fee - Recycling Account Number 001- 1720 - 534 -4341. :A Resolution authorizing the City Manager to execute an agreement with the firm of Gila, LLC. d /b /a/ Municipal Services Bureau (MISS) providing debt collection services for a fee based on, a percentage of , the principal amount owed to the City, twenty -two percent (2296) for primary collection services and thirty percent (30 %) for secondary collection services, and collecting the same as part of the total payment due from the debtor. This agreement shall befor the duration of an initial one (1) year period with four (4) one (1) year option to renew periods fora possible total term of five (5) years. A Resolution of the Mayor, and City Commission of the City of South Miami, Florida, authorizing the. City Manager to finance up to thirty eight (38) multi -space parking stations for an amount not to exceed $420,000 and accepting.the interest rate of 2.355% with no prepayment penalty through Suntmst Bank, charging Debt Service - Principal Account. No.. 001.1410.513.7110 and Debt Service - Interest Account No. 001.1410.513.7210; and providing an effective date. For further information, please contact the City Clerk`s Office at (305) 663 -6340. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286,0105, the City hereby advises the public that if a person decides to appeal any decision _matlra 5y . ___- _�_ __ _., .., h t t n matter considered at its meeting or hearing, he or she will need a moorg of S respeo 0 a. y upose, affected person may need to ensure that a verbatim record of the proceedings is and e and evidence upon which the appeal is to be based