14bCITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commissio
Via: Orlando Martinez de Castro, Acting City Manager 1"
From: Christopher Brimo, AICP ~/ /7
South Miami
b;6d
;UTP
2001
Planning Director Y
Date: September 4,2012 ITEM No. I Ji. 0
BACKGROUND:
The items before you for consideration involve four (4) zoning amendment ordinances that need
to be reviewed as a single package, which relate to a Comprehensive Plan Future Land Use Plan
and Map amendment establishing a new "Religious" category.
On July 24,2012 the City Commission voted affirmatively on first reading ofthe proposed
amendment to proceed with the application of this "new" religious category to the City's Future
Land Use Map to two properties; Fellowship Church and University Christian Church. At that
time, the Commission requested that staff also proceed on a parallel track with the adoption pf
land development regulations for this use. On August 7,2012 prior to the public hearing and
final reading on this amendment, the Commission deferred both items until September 4, 2012.
The deferral was due in part to the fact that staff was bringing a land development proposal to the
Planning Board for review, and that one of the properties possibly affected, filed an objection to
the proposal and requesting a stay in the adoption until additional information could be presented
to the Commission.
On August 14, 2012 following a public hearing, the Planning Board recommended approval of
the proposed land development code amendment establishing a new Religious zoning category
and zoning map amendment from Public Institutional "PI," to Religious "R," for the properties
located at to 6781 Sunset Drive (Fellowship Church), and 6750 Sunset Drive (University
Christian Church) by a vote of 5 ayes 1 nay; and
The proposal before you is a amendment to the City's Land Development Code that creates the
"Religious" category, and addresses religious facilities and their ancillary uses. Under the
current code, religious institutions are covered under the Public Institutional Category. Since the
City adopted both a "new" Public Institutional Land Use Category, which deleted the church
uses and school uses and created a new religious and educational categories, these uses were
broken out in the permitted use schedule Section 20-3.3(D). The proposal amends three sections
of the land development code as follows: Section 20-3.1 -Zoning use districts and purposes;
Section 20-3.3(D) -Permitted use schedule; and Section 20-3.4 -Special use conditions.
Additionally, the fourth proposed amendment applies the new "Religious" zoning district to the
two properties located at 6781 Sunset Drive, and 6750 Sunset Drive.
Page 2 of9
PROPOSED AMENDMENTS
20-3.1 -Zoning use districts and purposes.
(A) Zoning Districts Established. In order to implement the intent of this Code and the city's adopted
Comprehensive Plan, the City is hereby divided into twenty-nine (29) zoning use districts with
the symbol designations and general purposes listed below and permitted uses set forth in Section
20-3.3(D) Standards shall be uniform throughout each zoning use district. District symbols and
names shall be known as:
Symbol Name
RS-I Estate Residential
'. RS-2 Semi-Estate Residential
RS-3 Low Density Single-Family
RS-4 Single-Family
RS-5 Single-Family (50' lots)
RT-6 Townhouse Residential
RT-9 Two~Family/Townhouse Residential
RM-18 Low Density Multi-Family Residential
RM-24 Medium Density Multi-Family Residential
RO Residential Office
LO Low-Intensity Office
MO Medium-Intensity Office
NR Neighborhood Retail
SR Specialty Retail
GR General Retail
TODD (MU-4) Transit-Oriented Development District (Mixed Use-4)
TODD (MU-5) Transit-Oriented Development District (Mixed Use-5)
TODD (LI-4) Transit-Oriented Development District (Light Industrial-4)
TODD (PI) Transit-Oriented Development District (Public/Institutional)
TODD (PR) Transit-Oriented Development District (Parks &
Recreation)
PUD-R Planned Unit Development-Residential
PUD-M Planned Unit Development-Mixed Use
PUD-H Planned Unit Development-Hospital
HP-OV Historic Preservation Overlay
HD-OV Hometown District Overlay
CS-OV Community Service Overlay
H Hospital
PI Public/Institutional
PR Parks and Recreation
R Religious
Z:\Commission Items\2012\9-4-12\Religious\Religious LDC and zoning map amendment_CM Report_8-29-12.docx
Page 3 of9
(B) District Purpose Statements.
(1) "RS-I" Estate Residential District: The purpose of this district is to provide for estate type single-
family residential development located in a spacious rural-like setting which emphasizes the
preservation of open space. This district is appropriate in areas designated "Single-Family" on the
city's adopted Comprehensive Plan.
** *
~JJ..I[tm!zr4ltt1f1j~ummmIThe purpose of this district is to provide for schools,
governmental facilities, utilities and churches and similar uses, with building heights and
intensities compatible with surrounding districts. This district is appropriate in areas designated
"Public and Semi-Public" on the city's adopted Comprehensive Plan.
** *
Imll.lll~JfllrfIIJ.f~!f_g The purpose of this district is to provide for religious
facilities and uses and could also permit other ancillary uses implemented by the category, which
by design and construction are intended for organized worship and commonly related services,
such as educational, recreational, and social services, including day care. Such ancillary uses shall
be subordinate to the principal use. 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. Zoning regulations could permit religious uses on sites not so designated by the
comprehensive plan.
[LEFT BLANK INTENTIONALLY]
Z:\Commission Jtems\2012\9-4-12\Religious\Religious LDC and zoning map amendment_CM Report_8-29-12.docx
Page 4 of9
20-3.3 -Permitted use schedule.
* * *
SECTION 20-3.3(D)
PERMITTED USE SCHEDULE
USE TYPE
Z:\Commission Jtems\2012\9-4-12\Religious\Religious LDC and zoning map amendment_CM Report_8-29-12.docx
c P
o A
N R
D K
Page 5 of9
20-3.4 -Special use conditions.
Any of the following special uses may be approved and permitted by the city commission at a public
hearing, after a recommendation by the planning board, provided that such use is specifically listed as a
permitted special use in the appropriate district column in the Permitted Use Schedule (Section 20-3.3D),
and that such use complies with the following general and special requirements and any other conditions
that the city commission may consider appropriate and necessary:
* * *
(B) Special Requirements.
(1) CHURCH, TEMPLE" MOSQUE OR SYNAGOGUE
(a) In RM-18, RM-24, and RO Districts, all such uses shall be located on a site of not less than two
(2) net acres in area.
(b) No structure shall be located less than one hundred (100) feet from any adjacent residential
district.
{£} Ancillary uses such as education, recreational and social uses shall be subordinate to the
principal use as a church.
Z:\Commission Jtems\20 12\9-4-12\ReJigious\Religious LDC and zoning map amendment_ CM Report_ 8-29-12.docx
Page 6 of9
City of South Miami -Zoning Map
Somi·E$late Residc(lt~1
LO' .... ~Oenslly ResidenliaJ
Slngla Family Residential
Single Family Residential
Townhouse. Rn~elttl;'11
Tv.-v-FufI1ltyJ Townho-Jso
Low-DaOSity Multi-Family
MedNm Oensily Multi·F amlly
Resioontial OffICe
t.ow-lf1tlM1sity OfflCO:
Medtmu-lotensity Office
NeighbOrhood Retail
Specialty Relail
Genl!fal Retail
RetlgioEiS
Transit Oriented Development otstrict
TODD (MU...4) Mix.(!(i Use 4
TODD (MU·S) Mixc'<i Use 5
TOOO(U-4) Ughllr.duS1r~a}4
TODD (PI) Public / InS!itutloMI
TOOO (PR) Pilik.s & Racro.aHon
H Hospital
PI Public I Institutional
PR Palks & RecreatIon
PUG Planr;~ Vnit OfM!lopment
PUO·R Residential
PU04.1 Mixed Use
PUD-H Hospital
Z:\Commission Jtems\20 1 2\9-4-1 2\Religious\ReJigious LDC and zoning map amendment_CM Report_8-29-12.docx
1 ORDINANCE NO. -------
2
3 An Ordinance amending the City's Land Development Code Section 20-
4 3.3(D), Permitted use schedule to create a category for religious uses titled
5 "Religious" and zoning abbreviation for this zoning district with the letter
6 "R" and to establish the areas of permitted use by right and permitted
7 special use for this type of use.
8
9 WHEREAS, on November 1, 2011 the new comprehensive plan category
10 "Religious (Two-Story) was adopted by the City Commission on final reading
11 [Ordinance 35-11-2108]; and
12
13 WHEREAS, at a City Commission meeting in March 2012, it was requested that the text
14 amendments for religious institutions be moved to the Planning Board, acting in its capacity as
15 the Local Planning Agency (LP A), for application to specific properties on the City'S Future
16 Land Use Map; and
17
18 WHEREAS, application No. PB-12-015 (Fellowship Church) and application No. PB-
19 12-016 (University Christian Church) was submitted to the Planning Board acting in their
20 capacity as the Local Planning Agency, said applications requesting to amend the official future
21 land use map of the City of South Miami by changing use category for property located at 6781
22 Sunset Drive, and 6750 Sunset Drive from Public Intuitional "PI" (4-story) to the new Religious
23 "R" (2-story) future land use category; and
24
25 WHEREAS, on June 19, 2012 following a public hearing, the Local Planning Agency
26 voted to recommend application of the new Religious land use category to Fellowship Church,
27 located at 6781 Sunset Drive, and University Christian Church, located at 6750 Sunset Drive;
28 and
29
30 WHEREAS, on August 7, 2012 following a public hearing, the City Commission
31 deferred final adoption of the proposed land use ordinance until the planning staff and the
32 Planning Board could review a proposed amendment to the City'S land development code,
33 establishing a new religious zoning category and zoning map amendment; and
34
35 WHEREAS, on August 14, 2012 following a public hearing, the Planning Board
36 recommended approval of the proposed land development code amendment establishing a new
37 Religious zoning category and zoning map amendment from Public Institutional "PI", to
38 Religious "R", for the properties located at to 6781 Sunset Drive (Fellowship Church), and 6750
39 Sunset Drive (University Christian Church) by a vote of 5 ayes 1 nay.
40
41 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
42 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
43
44 Section 1. Section 20-3.3(D), Permitted use schedule is hereby amended as follows:
45
46 20-3.3 -Permitted use schedule.
47
1
2
3
4
5
6
7
* * *
SECTION 20-3.3(0)
PERMITTED USE SCHEDULE
1 Section 2: Codification. The provisions of this ordinance shall become and be made
2 part of the Code of Ordinances of the City of South Miami as amended; that the sections of this
3 ordinance may be renumbered or re-Iettered to accomplish such intention; and that the word
4 "ordinance" may be changed to "section" or other appropriate word.
5
6 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is
7 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
8 shall not affect the validity of the remaining portions of this ordinance.
9
10 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all
11 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
12 However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances,
13 that give the appearance of being in conflict when the two ordinances can be harmonized or
14 when only a portion of the ordinance in conflict needs to be repealed to harmonize the
15 ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby
16 amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed
17 to harmonize the two ordinances shall be repealed.
18
19 Section 5. Effective Date. This ordinance shall become effective upon enactment.
20
21 PASSED AND ENACTED this __ day of ,2012.
22
23 ATTEST: APPROVED:
24
25
26
27 CITY CLERK MAYOR
28 1 st Reading
29 2nd Reading
30
31 READ AND APPROVED AS TO FORM: COMMISSION VOTE:
32 LANGUAGE, LEGALITY AND Mayor Stoddard:
33 EXECUTION THEREOF Vice Mayor Liebman:
34 Commissioner Newman:
35 Commissioner Harris:
36 Commissioner Welsh:
37 CITY ATTORNEY