15cCITY 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 "-
From: Christopher Brimo, AICP ~/ 17
Planning Director 'II
Date: September 4,2012 ITEM No.
BACKGROUND:
South Miami
b,C:d
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2001
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" categoi·y.
On July 24,2012 the City Commission voted affirmatively on first reading of the 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 of
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 infonnation 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(0) Standards shall be uniform throughout each zoning use district. District symbols and
names shall be known as:
Symbol Name
RS-l 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 DistTict Overlay
CS-OV Community Service Overlay
H Hospital
PI Public/Institutional
PR Parks and Recreation
R Religious
Z;\Commission Items\2012\9-4-12\ReJigious\Religious LDC and zoning map amendment_ CM Report_8-29-12.docx
Page 3 of9
(B) District Purpose Statements.
(1) "RS-l" 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.
** *
~£i'~'W1{lWr>m'Tlfm'!-'mI~lI'm. .. cm~m~~i'f.."I.!~!f..\t"Wl ~~,~"W;,l_iliMl~~~~J2l1 The 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.
~~~Rth"'!4i'R~f,t~ 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]
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Page 4 of9
20-3.3 -Permitted use schedule.
* * *
Z:\Commission Jtems\2012\9-4-12\ReJigious\Religious LDC and zoning map amendment_CM Report_8-29-12.docx
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.
(f} Ancillary uses such as education, recreational and social uses shall be subordinate to the
principal use as a church.
Z:\Commission ltems\2012\9-4-12\Religious\Religious LDC and zoning map amendment_eM Report_8-29-12.docx
Page 6 of9
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Z:\Commission Items\2012\9-4-12\Religious\Religious LDC and zoning map amendment_eM Reporl_8-29-12.docx
1 ORDINANCE NO. _____ _
2
3 An Ordinance amending the City's Land Development Code Section 20-3.4,
4 Special use conditions, creating a new zoning category titled "Religious".
5
6 WHEREAS, on November 1, 2011 the new comprehensive plan category "Religious (Two-
7 Story) was adopted by the City Commission on final reading [Ordinance 35-11-2108]; and
8
9 WHEREAS, at a City Commission meeting in March 2012, it was requested that the text
10 amendments for religious institutions be moved to the Planning Board, acting in its capacity as the Local
11 Planning Agency (LPA), for application to specific properties on the City's Future Land Use Map; and
12
l3 WHEREAS, application No. PB-12-015 (Fellowship Church) and application No. PB-12-016
14 (University Christian Church) was submitted to the Planning Board acting in their capacity as the Local
15 Planning Agency, said applications requesting to amend the official future land use map of the City of
16 South Miami by changing use category for property located at 6781 Sunset Drive, and 6750 Sunset Drive
17 from Public Intuitional "PI" (4-story) to the new Religious "R" (2-story) future land use category; and
18
19 WHEREAS, on June 19,2012 following a public hearing, the Local Planning Agency voted to
20 recommend application of the new Religious land use category to Fellowship Church, located at 6781
21 Sunset Drive, and University Christian Church, located at 6750 Sunset Drive; and
22
23 WHEREAS, on August 7, 2012 following a public hearing, the City Commission deferred final
24 adoption of the proposed land use ordinance until the planning staff and the Planning Board could review
25 a proposed amendment to the City's land development code, establishing a new religious zoning category
26 and zoning map amendment; and
27
28 WHEREAS, on August 14, 2012 following a public hearing, the Planning Board recommended
29 approval of the proposed land development code amendment establishing a new Religious zoning
30 category and zoning map amendment from Public Institutional "PI", to Religious "R", for the properties
31 located at to 6781 Sunset Drive (Fellowship Church), and 6750 Sunset Drive (University Christian
32 Church) by a vote of 5 ayes 1 nay.
33
34 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
35 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
36
37 Section 1. Section 20-3.4, Special use conditions is hereby amended to create a new
38 zoning category titled "Religious" as follows:
39
40 20-3.4 -Special use conditions.
41 Any of the following special uses may be approved and permitted by the city commission
42 at a public hearing, after a recommendation by the planning board, provided that such use
43 is specifically listed as a permitted special use in the appropriate district column in the
44 Pennitted Use Schedule (Section 20-3.3D), and that such use complies with the following
45 general and special requirements and any other conditions that the city commission may
46 consider appropriate and necessary:
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(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.
(c) Ancillary uses such as education, recreational and social uses shall be
subordinate to the principal use as a church.
Section 2: Codification. The provisions of this ordinance shall become and be made pali of the
Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be
renumbered or re-Iettered to accomplish such intention; and that the word "ordinance" may be changed to
"section" or other appropriate word.
Section 3. 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 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections 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. If the ordinance in conflict can be harmonized by
amending its terms, it is hereby amended to harmonize the two 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 upon enactment.
PASSED AND ENACTED this __ day of _____ , 2012.
ATTEST:
CITY CLERK
1 st Reading
2nd Reading
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
THE MIAMI HERALD MiamiHerald.com
US-1 & South 160-180 Street in Miami
DCL574
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South Miami,
Florida will conduct Public Hearing(s) at its regular City Commission meeting
scheduled for Tuesday. October 2. 2012. beginning at 7:30 p.m., in the City
Commission Chambers, 6130 Sunset Drive, to consider the following item(s):
An Ordinance amending the City's Land Development Code, Section 20-3.1, titled
"Zoning Use Districts and Purposes" so as to create a new zoning district titled
"Religious" and to define the district.
An Ordinance amending the City's Land Development Code, Section 20-3.3(D),
Permitted use schedule to create a category for religious uses titled "Religious"
and zoning abbreviation for this zoning district with the letter "R" and to establish
the areas of permitted use by right and permitted special use for this type of use.
(
An Ordinance amending the City's Land Development Code, Section 20-3.4)
Special use conditions, creating a new zoning category titled "Religious".
An Ordinance amending the official zoning map from Public Institutional "PI" to
Religious "R" for properties located at 6781 Sunset Drive, and 6750 Sunset Drive.
An Ordinance of the City of South Miami, amending Section 8A-4.1 titled "Reserved",
re-titling it as "Prohibited Commission Actions", and prohibiting a commission
member from making certain representations in his or her official capacity.
A Resolution relating to a request pursuant to Section 20-3.4 of the Land
Development Code for Special Use Approval to locate an automobile repair
and body shop at 5780 SW 68th Street, within the TODD U-4 (Transit Oriented
Development District -Light Industrial) zoning district.
A Resolution relating to a request for a variance of 1 O-feet from Section 20-3.5(E) of
the Land Development Code, to allow 50 feet of frontage where 60 feet is required,
and to allow 5,875 square feet where 6,000 is required on property located at
6487 SW 60th Avenue, South Miami Florida, within the RS-4 zoning district; to
permit the construction of a new one-story, LEED (silver) affordable single family
residence within the City's Community Redevelopment Area.
A Resolution authorizing the City Manager to enter into a three-year agreement
with Kelly Janitorial Systems, Inc. for janitorial services as required by the City.
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 286.0105, the City hereby advises the public that if a person decides to
appeal any decision made by this Board, Agency or Commission with respectto any matter considered
at its meeting or hearing, 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.
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ii »U C u
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V. REYNOSO, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -OCTOBER 2,2012
in the XXXX Court,
was published in said newspaper in the issues of
09/21/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
"ew,~ ~
Sworn to and subscribed before me this
(SEAL)
V. REYNOSO personally known to me
,~~'~f. B. THOMAS
j.j \*1 Commission # DO 937532
\).\ Expires November 2,2013
" I!onMd TlIru Troy. Fill" Intur.ince 800.38S-1019