11South Miami
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager
From: Lourdes Cabrera, Acting Planning Director
Date: May 3, 2011 ITEM NO.
PB -11 -015
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the text of the South Miami Comprehensive Plan, by amending
the Comprehensive Plan Future Land Use Element in order to adopt a new future
land use map category entitled "Religious (Two- Story);' which could be applied to
development projects and properties providing religious facilities and could also
permit other ancillary uses implemented by the category, with building heights and
intensities compatible with surrounding districts; providing for severability,
providing for ordinances in conflict; and providing an effective date.
SUMMARY OF REQUEST
The subject application is a Comprehensive Plan Future Land Use Element amendment
that was initiated at,a workshop held by the City Commission on April 12, 2011. At the
workshop, it was decided that the new future land use map category entitled "Religious
(Two- Story)" be created so that religious uses would no longer belong as a sub- category
to Public /Institutional Uses.
COMPREHENSIVE PLAN AMENDMENT: GENERAL INFORMATION
A change in the Comprehensive Plan Future Land Use Element can be initiated by a
property owner, the Local Planning Agency and the City Commission. An amendment to
the City's Comprehensive Plan document or the future land use map category requires
the adoption of an ordinance by the city commission after receiving advise from the
City's Local Planning Agency Following adoption of the application by the City
Commission, the application package is then submitted to other agencies and the Florida
Department of Community Affairs (DCA) for review and approval.
ANALYSIS: NATURE OF THE PROPOSED USE
Currently, there is no definition listed in the Land Development Code for religion.
However, both the Webster's Seventh New Collegiate Dictionary as well as the website
for Merriam - Webster Dictionary defines religion as follows:
Religion. A personal set or institutionalized system of religious attitudes, beliefs,
and practices
CURRENT LAND USE CATEGORY
The land use category that is currently in the Comprehensive Plan reads as follows:
Public Institutional Uses (Four- Story)
The public and semi publie institutional land use category is intended to provide for
up &: schools, municipal facilities, utilities, and churches, temples, synagogues and
similar uses. Areas designated public and serrri -rte institutional should not be used for
other purposes without an amendment to this plan. Zoning regulations could permit
public and institutional semi- •publie uses on sites not so designated by this plan. Seheols
b b b
grade
b b
exceed the b b b
Raqpsliall building o eed f, sus- (97 -IER)
PROPOSED FUTURE LAND USE CATEGORY
Religious (Two - Story)
The "religious uses" land use category is intended to be applied to development projects
and properties providing religious facilities and could also permit other ancillary, uses
implemented by the category, with building heights and .intensities compatible with
surrounding districts Areas designated religious should not be used for other pumoses
without an amendment to this plan Zoning regulations could permit religious uses on
sites not so designated by this plan Building heights shall not exceed the average of the
maximum permitted in the surrounding zoning_ districts but in no case shall a building
exceed two stories.
Permitted heights densities and intensities shall be set forth as part of a corresponding
zoning use district in the Land Development Code subject to the following maximum
levels of development: maximum building height of two stories.
NEW FUTURE LAND USE CATEGORY
In order to create an appropriate land use category and zoning district that would assist in
implementing this service, the Planning and Zoning Department, working with the City
Commission have prepared a new future land use element which could be applied to
areas that could allow for religious services. The following parameters were used to
develop the category:
1. The new land use category cannot exceed the maximum of two (2) stories.
2. The maximum building height for the new land use category shall be as per the
following sub - parameters:
a. Compatible with the surrounding and abutting properties and the immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements- for Non - Residential Districts,
Section 20- 3.5(G) of the Land Development Code;
3. The maximum density for the new land use category shall be as per the following
sub - parameters:
N
a. Compatible with the surrounding and abutting properties and immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Non - Residential Districts,
Section 20- 3.5(G) of the Land Development Code;
4. Impact of the proposed use on the city's infrastructure; and
5. Is the amendment compatible with and does it advance the city's objectives and
policies contained in the comprehensive plan.
If the "Religious (Two-Story Y' category is approved and adopted by the City
Commission, the City can then proceed to change the Future Land Use Map by applying
this category over appropriate properties.
EXCERPT FROM LAND DEVELOPMENT CODE SECTION 20- 3.5(G)
Section 20 -3.5G
DIMENSIONAL REQUIREMENTS
NONRESIDENTIAL DISTRICTS
REQUIREMENT RO LO MO NR SR GR I
Min. Lot Size
Net Area (sq. ft.) 7,500 7,500 10,000 7,500 5,000 10,000 5,000
Frontage (ft) 75 75 100 75 50e 100 50
Min. Setbacks (ft.)
Front 25 20 156 25 l06 20 20
Rear 20 15 10 15 10 15 "
Side (Interior) 10 10 0 — — —
Side (Street) 20 15 10 15 106 15 15
Adj. Res. Dist. 25 25 25 25 25 25 25
Side (w /driveway) 20 20 20 20 20 20 20
Between Buildings 20 20 20 — — — —
Max. Building Height
Stories 2 2 4 2 4 2 2
Feet 25 30 50 25 50 30 30
Max. Building
Coverage ( %) 30 — — — — — —
Max. Impervious
Coverage (%) 75 80 85 75 90 85 85
Max. Floor Area
Ratio (FAR) 0.30 .70 1.60 .25 1.60 .80 .80
" 5' setback with wall opening adjacent to rear property line; no setback if no openings in
wall.
6 Applies to ground floor only; columns are permitted within the setback. Columns shall not
be greater than 24 inches in diameter; columns on the property line shall not be closer
to each other than 10 feet. I '
The frontage requirement does not apply to uses in the SR District.
EI
LOCAL PLANNING AGENCY RECOMMENDATION
The Local Planning Agency at its meeting on April 26, 2011 after public hearing, adopted
a motion by a vote of 5 ayes 1 nay (Whitman) recommending approval as presented of
the proposed amendment.
RECOMMENDATION
It is recommended that the amendment set forth above be approved on first reading.
Attachments:
Draft Ordinances
Planning Dept. Staff Report, dated April 26, 2011 (Local Planning Agency)
Local Planning Board Agency Meeting Minutes: April 26, 2011 (Will be provided
electronically before Tuesday's City Commission meeting).
Public Notices
LCH Y. (Comm Items120I D5 -3 -I DPB- 11-01'51PB -11 -015 - FLUReligious Report CC.doc
I ORDINANCE NO.
2
3 An Ordinance of the Mayor and City Commission of the City of South Miami,
4 Florida, amending the text of the South Miami Comprehensive Plan, by amending
5 the Comprehensive Plan Future Land Use Element in order to adopt a new future
6 land use map category entitled `Religious (Two - Story)," which could be applied to
7 development projects and properties providing religious facilities and could also
8 permit other ancillary uses implemented by the category, with building heights and
9 intensities compatible with surrounding districts; providing for severability,
10 . providing for ordinances in conflict; and providing an effective date.
11
12 WHEREAS, the Florida Legislature intends that local planning be a continuous
13 and ongoing process; and
14
15 WHEREAS, Section 163.3191, Florida Statues, directs local governments to
16 adopt needed amendments to ensure that the Comprehensive Plan provides appropriate
17 policy guidance for growth and development; and
18
19 WHEREAS, On April 12, 2011, the City Commission held an advertised
20 workshop that initiated various text amendments to the South Miami Comprehensive
21 Plan; and
22
23 WHEREAS, the Local Planning Agency at its meeting on April 26, 2011 after
24 public hearing, adopted a motion by a vote of 5 ayes 1 nay recommending approval as
25 presented of the proposed amendment; and
26
27 WHEREAS, the City Commission desires to accept the recommendation of the
28 Local Planning Agency and enact the aforesaid amendment.
29
30 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
32
33 Section 1. The City Commission hereby approves amending the Comprehensive
34 Plan Future Land Use Element by adopting a new future land use map category entitled
35 `Religious (Two - Story)," which shall be included in Chapter 1 Future Land Use
36 Element and shall read as follows:
37
38 Religious (Two - Story)
39
40 The "religious uses" land use category is intended to be implied to development projects
41 and properties providing religious facilities and could also permit other ancillary uses
42 implemented by the category, with building heights and intensities compatible with
43 surrounding districts Areas designated religious should not be used for other purposes
44 without an amendment to this plan Zoning regulations could permit religious uses on
45 sites not so designated by this plan Building heights shall not exceed the average of the
46 maximum ermitted in the surrounding zoning districts. but in no case shall a building
47 exceed two stories.
48
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Permitted heights densities and intensities shall be set forth as part of a corresponding
zoning use district in the Land Development Code subiect to the following maximum
levels of development: maximum building height of two stories.
Section 2: Severability. If any section, clause, sentence, or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
ordinance.
Section 3: Codification. The provisions of this ordinance shall become and be
made part of the Code of Ordinances of the City of South Miami as amended. The
sections of this ordinance may be renumbered or re- lettered to accomplish such intention;
and the word 'ordinance" may be changed to "section" or other appropriate word.
Section 4: Ordinances in Conflict. All ordinances or parts of ordinances and all
section and parts of sections of ordinances in direct conflict herewith are hereby repealed.
However, it is not the intent of this section to repeal entire ordinances, or parts of
ordinances, that give the appearance of being in conflict when the two ordinances can be
harmonized or when only a portion of the ordinance in conflict needs to be repealed to
harmonize the ordinances. Therefore, only that portion that needs to be repealed to
harmonize the two ordinances shall be repealed.
Section 5: Effective Date. This ordinance shall become effective at the
expiration of ten days after adoption.
PASSED AND ADOPTED this _ day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
2011
APPROVED:
MAYOR
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
LCH \Y: \Comm Items \2011 \5 -3 -11 \Ordinance - WORKHOP 3 -12 -11 - PB-1 1-01 5.doc
CITY OF SOUTH MIAMI
To: Honorable Chair & Date: Apri126, 2011
Local Planning Agency Members
From: Lourdes Cabrera, Acting Director Re: New Future Land Use
Planning and Zoning Department Category- Religious.(Tsvo - Story)
PS -11 -015
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South Miami,
Florida, amending the test of the South Miami Comprehensive Plan, by amending
the Comprehensive Plan Future Land Use Element in order to adopt a new future
land use map category entitled "Religious (Two - Story)," which could be applied to
development projects and properties providing religious facilities and could also
permit other ancillary uses implemented by the category, with building heights and
intensities compatible with surrounding districts; providing for severability,
providing for ordinances in conflict; and providing an effective date.
SUNF,MARX OF REQUEST
The subject application is a Comprehensive Plan Future Land Use Element amendment
that was initiated at a workshop held by the City Commission on April 12, 2011. At the
workshop, it was decided that the new firture land use map category entitled "Religious
(Two- Story)" be created so that religious uses would no longer belong as a sub - category
to Public /Institutional Uses.
A change in the Comprehensive Plan Future Land Use Element can be initiated by a
property owner, the Local Planning Agency and the City Commission. An amendment to
the City's Comprehensive Plan document or the future land use map requires the
adoption of an ordinance by the city commission after receiving a recommendation from
the City's Local Plamring Agency (Planning Board). Following adoption of the
application by the City Commission, the application package is then submitted to the
Florida Department of Community Affairs (DCA) for review and approval. For
additional information on the process, please refer to line item #4 of the attached
Comprehensive Plan 2010 Cycle 2 Chart.
ANALYSIS: NATURE OF THE PROPOSED USE
Currently, there is no definition listed in the Land Development Code for religion.
However, both the Webster's Seventh New Collegiate Dictionary as well as the website
for Merriam - Webster Dictionary defines religion as follows:
Religion. A personal set or institutionalized system ofreligious altitudes, beliefs,
and practices
2
CURRENT LAND USE CATEGORY
The land use category that is currently in the Comprehensive Plan reads as follows:
m:- Publie Institutional Uses (Four-Story)
Public nn<l -S.• ~' ( r'3'
The public and semi publie institutional land use category is intended to provide for
un blic schools, municipal facilities, utilities, and churches, temples synagogues and
similar uses. Areas designated public and semzi -publie institutional should not be used for
other pur -poses without an amendment to this plan. Zoning regulations could permit
public and institutional sen4 -publio uses on sites not so designated by this plan, Scheels
(97 -IER)
PROPOSED FUTURE LAND USE CATEGORX
and properties providing religious facilities and could also permit other ancillary uses 1.
exceed two stories,
NEW FUTURE LAND USE CATEGORX
In order to create an appropriate land use category and zoning district that would assist in
implementing the strategy, the Planning and Zoning Department, working with the City
Commission have prepared a new future land use element which could be applied to
areas that specifically require medical services. The following parameters were used to
develop the category:
I. The new land use category cannot exceed the maximum of two (2) stories.
2. The maximum building height for the new land use category shall be as per the
following sub - parameters:
a. Compatible with the surrounding and abutting properties and the immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
a Consistent with the Dimensional Requirements for Non - Residential Districts,
Section 20- 3:5(G) of the Land Development Code;
3. The maximum density for the new land use category shall be as per the following
sub - parameters:
a. Compatible with the surrounding and abutting properties and immediate
neighborhood;
b. Consistent with the zoning district that the site is located in;
c. Consistent with the Dimensional Requirements for Non - Residential Districts,
Section 20- 3.5(G) of the Land Development Code;
4. Impact of the proposed use on the city's infrastructure; and
LCH /M W L Y:W I3'TB Agendas StaRRepons`a011 Agendas Staff Reporte,4 -26� I VFB6 I 1 015 -FLU - Religious \P6 -I I- 015 -FLU Religious RepOILdOC
3
5. Is the amendment compatible with and does it advance the city's objectives and
policies contained in the comprehensive plan.
The attached "Religious (Two - Story)" (Exhibit A) category is the proposed future land
use map amendment. If the attached land use category is approved and adopted by the
City Commission, the City can then proceed to change the Future Land Use Map by
applying this category over designated properties.
EXCERPT FROM LAND DEVELOPMENT CODE SECTION 20- 3.5(G)
REQUIREMENT
Min. Lot Size
Net Area (sq. ft.)
Frontage (ft)
Min. Setbacks (ft.)
Front
Rear
Side (Interior)
Side (Street)
Adj. Res. Dist.
Side(w /driveway)
Between Buildings
Max. Building Height
Stories
Feet
Max. Building
Coverage W
Max. Impervious
Coverage (%)
Max. Floor Area
Ratio (FAR)
Section 20.3.5G
DIMENSIONAL REQUIREMENTS
NONRESIDENTIAL DISTRICTS
RO LO MO NR SR OR
7,500 7,500 10,000 7,500 5,000 10,000
75 75 100 75 50° 100
I
5,000
50
25
20
1r)b
25
106
20
20
20
15
10
15
10
15
"
10
10
0
—
—
—
20
15
10
15
104
15
15
25
25
25
25
25
25
25
20
20
20
20
20
20
20
20
20
20
—
—
—
—
2
2
4
2,
4
2
2
25
30
50
25
50
30
30
30 — — — — — —
75 80 85 75 90 85 85
0.30 .70 1.60 .25 1.60 .80 .80
" 5' setback with wall opening adjacent to rear property line; no setback if no openings in
wall.
1i Applies to ground floor only; columns are permitted within the setback. Columns shall not
be greater than 24 inches in diameter; columns on the property line shall not be closer
to each other than 10 Peet.
" The frontage requh-ement does not apply to uses in the SR District.
RECOMMENDATION
It is recommended that the text of the Comprehensive Plan Future Land Use Element be
amended by approving the new Future Land Use Map Category entitled "Religious
(Two - Story)."
Attachments: Exhibit "If", Comprehensive Plan 2010 Cvele 2 Chat, and Public Notices
LCH /MWL Y:M11B Agendas Staff Repons"_0 I I Agendas SIatTRepoets4d- 2G- 1ITB -11 -015 - FLU - ReligiousTR611 -01 - FLU Re&asReM14-
EXHIBIT "A"
Proposed Amendment
South Miami Comprehensive Plan
Chapter I Future Land Use Element
FUTURE LAND USE MAP CATEgM
Religious (Two Story)
and urol2erties providing religious facilities and could also permit other ancillary uses
implemented by the category, with building heights and mtensftfes compatible with
surrounding districts Areas designated religious should not be used for other purposes
without an amendment to this plan Zoning regulations could permit rehgfous uses on
sites not so designated by this play Building hei tits shall not exceed the average of the
maximum permitted in the surrormdim zoning districts but in no case shall a building
exceed two stories.
Permitted heights, densities, and intensities shall be set forth as part of a corresponding
zoning use district in the Land Development Code subject to the following maximum
levels of development: maximum building height of two stories.
z: \PB \PB Agendas Staff Reports \2011 Agendas Staff Reportsl4- 26- 11\PB -11 -015 - FLU - Religious\PB -11 -015 Exitibit A FLU
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NOTICE OF PUBLIC HEARING
CITY OF SOUTH MIAMi
ynurr
Zprnele'45
PLANNING AND ZONING DEPARTMENT
6130 SUNSET DRIVE;
SOUTH MIAMI, FLORIDA 33143
PHONE: (305) 663.6326;
FAX R: (305) 666.7356
On Tuesday, April 26, 2011 at 7:30 P.M., theCity et SOulh Miami's Local
Planning Agency (Planning Board) will conduct public hearings In the City _
Commission Chambers at the above address on the following hems:
x}.11 -013
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida, amending the text of the South Miami
Comprehensive Plan, by amending the Comprehenslve Plan Future
Land Use Element In order to adopt a now future land use map
category entitled `Low Density Multiple-Family Residential (Two-
Story),' which in the future could be applied to development
projects and propentes providing multiple - family units or town-
house unite In transitions[ residential areas; providing for
sevemblllly, providing for ordinances In conflict; and providing an
effective date.
Pp-11.014
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the Cl ly of South
Miami, Florida, amending the text of the South Miami
Comprehensive Plan, by amending the Ccmprehensive Plan Future
Land Use Element In order to amand the future land use map
category entitled 'Pubpcpnstitmionai (Two-Story)," removing
schools (educational) and churches from the category; which could
be applied to development projects and properties providing
governmental facilities, utilities and could also permit other ancil-
lary uses Implemented by the calegory, with building heights and in-
hmsf fe compatible with surrounding distdcts; providing for
severabllity, providing for ordinances In conflict; and providing an
effectivedate.
P &11 -016
Applicant: City of South Miami
An Ordinance of the Mayorand City Commission of me City Of South
Miami, Florida, amending the text of the South Miami
Comprehensive Plan, by amending the Comprehensive Plan Future
Land Use Element In order to adopt a now future land use map
category entitled *Religious (Two-Story)," which could be applied to
development projects and properties providing religious faclifges
and could also permit other ancillary uses Implemented by the
category, with building heights and Intensities compatible with
surrounding districts; providing for sevembillty, providing for
ordinances In conflict; and providing an effective date.
PB- 11016
Applicant: City of South Miami
An Ordinance of the Mayor and City Commission of the City of South
Miami, Florida amending the text of the South Miami
Comprehensive Plan, by amending the Comprehensive Plan Future
Land Use Element In order to adopt a new future land use map
category entitled "Educational (Two-Stcry),' which could be applied
to development projects and properties providing educational
facgitles and could also permit other ancillary uses Implemented by
the category, with building helgMs and Intensities compatible with
surrounding districts; providing for severabllity, providing for
ordinances in conflict; and providing an effective date.
pe
Applicant: City of South Miami
An Ordinance of the Mayor and City COmmisslon of the City of South
Miami, Florida, amending the text of the South Miami
Comproheosive Plan, by amending the Comprehensive Plan Future
Land Use Element In order to adopt a new lulum land use map
category antftiod - Hospital/Clinic (Two-Story)," which could be
applied to development projects and properties providing hospital/
clinic facilities and could also permit other ancillary uses
Implamented by the category, with building heights and Intensides
compatible Whit surrounding districts; providing for smmiablifty,
providing for ordinances in conflict; and providing an effectivedate.
All ' aaerested parties are urged to attend. Objectors; or expressions of
approval may be mada in person at the hemingor filed in writing pdorto or
at the hearing. The Planning Board reserves the right to recommend to
the City Commission whatever the board considers in the best interest lof
the area Involved. interested parties requesting information are asked to
contact the Planning and Zoning Department by calling 305 -663-
6326 or writing to the address Indicated above.
You are hereby advised that if any person desires to appeal any decision
made witll respect to any matter considered at this meeting of hearing,
such person wig need a record of the proceedings, and for such purpase
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 (F.S. 286.0105), Rotor to hearing number when mating
anylnquiry.
4115 ti- 3.15911664129M
Customer:
CITY OF SOUTH MIAMI
Ad Number:
1684129
Insert Dates:
04/15/2011
Price:
202.10
Section:
PUH Class: 701; HEARINGS
Printed By:
DBRZvIML Date: 04/21/20[ t
Contact MARCUS W. LIGHTPOOT Phone: 3056636327
Size: 2 x 12.35
Signature of Approval: Date:
I
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