11South Miami
bOd
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
i~i'r
To: The Honorable Mayor Stoddard and Members of the City Commission
Via: Steven Alexander, City Manager
From: Christopher Brimo, AIC~rN /
Planning Director I!J'/I
Date: January 22,2013
SUBJECT
ITEM NO •. __ '--l''''--_
An Ordinance amending Section 20-3.3(D) of the City of South Miami's Land Development
Code to allow automobile repair work as a special use in the GR and TODD LI-4 Zoning
Districts.
SUMMARY OF REQUEST
2001
Currently, the Land Development Code, Section 20-3.3(D), Permitted Use Schedule, does not
permit Automotive Repair within the GR -General Retail Zoning District. The use category,
Automotive Repair and Body Shops, are only permitted within the TODD LI-4 district, and only
after a special use review and approval.
The city's adopted zoning map currently has four (4) GR zoning districts. Three (3) of these
districts are located along SW 40th Street, between SW 57th Avenue (Red Road) and SW 65th
Avenue (please refer to the graphic below.) There are currently no Automotive Repair facilities
within the City's boundaries along this corridor. These GR districts are primarily retail strip
centers. There are two automotive repair facilities between 64th and 65th A venues, but these are
located within unincorporated Miami-Dade County.
The fourth GR zoning district is located along South Dixie Highway, between SW 61st Avenue
and SW 80th Street, the City'S southern municipal boundary. This area is comprised primarily of
various retail, office and restaurant uses. Within this area south of 63rd Avenue there is currently
one automotive repair facility (Dixie Auto Service), located at 6360 South Dixie Highway. This
facility has been in existence for over 30 years and is now considered a legal nonconforming use.
Additionally, adjacent to this business is the BP service station that according to the occupational
license record, used to have a license to conduct automotive repairs in their existing bays. It is
page 2 of2
my understanding that this license lapsed (greater than 6-months). Since the use "Automotive
Repair" is currently not permitted in the GR zoning district, the former repair facility at the BP
station is now considered an abandoned use.
At the January 10, 2013 Planning Board meeting, the Board discussed the proposal; staff
recommended that "body shops" be excluded from this category thereby creating a new use in
the permitted use schedule solely for automobile repairs. Following a public hearing on the
application PB-13-00l, the Board voted unanimously to recommend an amendment to the Land
Development Code to allow by special use, "Automobile Repair" in the GR zoning districts.
Although "Automobile Repair and Body Shop" is a special use within the TODD LI-4 zoning
district, the Planning Board felt "Automobile Repair" should be added to the TODD LI-4 zoning
district as well for consistency.
Z:\Commission Jtcms\2013\1-22-13\20-3.3(D) GR Amendment_Auto Repair\Pennitted Use Amendment_Automotive Repair_CM ReporLdoc
1 ORDINANCE NO. ______ _
2
3 An Ordinance amending Section 20-3.3(D) of the City of South Miami's Land Development
4 Code to allow automobile repair work as a special use in the GR and TODD LI-4 Zoning
5 Districts.
6
7 WHEREAS, at one time automotive repair facilities were authorized in the GR zoning district, and
8 currently there is an existing automotive repair shop that is now a non-conforming use; and
9
10 WHEREAS, the adjoining service station also had automotive repair as a service to their patrons; and
11
12 WHEREAS, the automotive repair facility located at 6360 South Dixie Highway would like to reestablish
13 the use of the empty repair bays at the adjacent service station; and
14
15 WHEREAS, it would not be necessary for any additional construction to either facility; and
16
17 WHEREAS, the special use approval process, with their built in safeguards, would provide protection
18 against detrimental effects of the use within inappropriate locations in the district.
19
20 WHEREAS, on January 10,2013 following a public hearing, the Planning Board voted unanimously to
21 recommend approval of the amendment by adding a new permitted use within the GR zoning district; and
22
23 WHEREAS, although Automobile Repair and Body Shop is a special use within the TODD LI-4 zoning
24 district, the Planning Board felt "Automobile Repair" should be added to the TODD LI-4 zoning district for
25 consistency.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE
28 CITY OF SOUTH MIAMI, FLORIDA:
29
30 Section 1: Section 20-3.3(D) of the City of South Miami's Land Development Code shall hereby be
31 amended to read as follows:
32
33 20-3.3 -Permitted use schedule.
34 (C) Permitted Use Schedule.
35 * * *
36 (6) Location of Permitted "SR" District Uses. In the "SR" Specialty Retail District, permitted retail uses
37 shall be located only on first and second floor building levels, permitted office uses only on second floor
38 building levels, and permitted residential uses only on second floor building levels or above.
39 Note: Subsection (E) deleted and Standard Industrial Classification Column deleted from the Permitted
40 Use Chart on August 21, 1990 by Ord. No. 11-90-1451.
41
42
43
SECTION 20-3.3(D)
PERMITTED USE SCHEDULE
1
2
3
P
5
(OND
PARK
X
USE TYPE
* * * *
BUSINESS AND PROFESSIONAL SERVICES
Accessory Medical Services
Accounting and Auditing Services
Acupuncturist
Advanced Registered Nurse Practitioner
Advertising Agency
Animal Hospital or Veterinarian
Architectural Services
Automobile Parking Structure
Automobile Rental Agency
Automobile Repair and Body Shop
Automobile Re~air
Automobile Upholstery and Top Shop
Automobile Washing/Detailing Operations
* * * *
==
==
==
==
==
ZONING DISTRICT
R L M N S G M
0 0 0 R R R U
A
H
P P P P P
P P P P P
P P P
P P P P P
S S
P P P P P
S
~
PERMITIED BY RIGHT
PERMITIED AS SPECIAL USE
SPECIAL USE CONDITIONS (See Section
20-3.4
PARKING REQUIREMENTS (See Section
20-4.4(B)}
No conditions were adopted
T T T T T H P P C P
0 0 0 0 0 I R 0 A
D D D D D N R
D D D D D D K
M M L P P
U U I I R
4 5 4
P P P S 18 7
P P P 10
P P P 9
P P P 9
P P P 10
S S P 21 12
P P P 10
P P P
11
S 22 **
S 11
~ 11
S 11
S 10 11
1 Section 2: Codification. The provisions of this ordinance shall become and be made part of the Code of
2 Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or
3 re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other
4 appropriate word.
5
6 Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason
7 held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the
8 remaining portions of this ordinance.
9
10 Section 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of
11 sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to
12 repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two
13 ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize
14 the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to
15 harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two
16 ordinances shall be repealed.
17
18 Section 5. Effective Date. This ordinance shall become effective upon enactment.
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
PASSED AND ENACTED this __ day of _____ , 2013.
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:
· CITY OF SOUTH MIAMI
'ptANNINGBOARfi
Regul~J: Meetin~ Minutes
Thursday ~ . J amjaryl 0,·' 20 13
City ColTImission" Chambers
,<. •...... ...._-' ......7:30 P.M." .•
City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection of professional consultants, and
virtually all-legislative, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:35 PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mr. Cruz (Vice-Chairman), Dr. Philips, Dr. Hauri, Mr. Fernandez and
Mr. Vitalini.
Board Member absent: Mr. Dundorf.
City staff present: Mr. Christopher Brimo (Planning Director) and Ms. Tiffany Hood (Office
Support).
City staff absent: Mr. Marcus Lightfoot (Permit Facilitator)
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
The number of members that constitute a quorum is now four members.
IV. Public Hearings
l.PB-13-00 1
Applicant: City of South Miami
An Ordinance amending Section 20-3.3(D) of the City's Land Development Code,
Permitted Use Schedule, adding Automotive Repair and Body Shop as a special use within
the GR -General Retail Zoning District.
Applicant: City of South Miami
Mr. Cruz read the item into the record.
Z:\PB\PB Minutes\2013 Minutes\PB Draft Regular Meeting Minutes -01-10-13 Excerpt PB 13-001.docx Page 1 of2
Mr. Brimo presented the item to the Board.
The Chairman Opened the Public Hearing.
NAME
Jorge Millian
ADDRESS
Resident
SUPPORT
He stated that he is the manager at Dixie Auto Shop and they would like to get the auto repair at
the BP up and going again to provide jobs and service the community.
The Chairman Closed the Public Hearing.
Dr. Whitman stated that GR allows almost everything as opposed to other areas. He also stated
that he does not have an issue with this proposal.
Mr. Vitalini asked Mr. Brimo to explain the map to him. Mr. Brimo then explained the chart and
the map to the board. Mr. Cruz asked the shop owner what is it that they plan on doing there will
there be any expansion. The shop owner replied that they are going to use the existing bays and
lifts there for their overflow. He then stated that they have also leased the Midas shop for the last
nine years and started leasing the BP as a convenience store within the last four years. Mr. Cruz
then asked if the bays are in currently in use. The shop owner replied that the bays are only used
for storage, they are not in use due to the licensing process through the City of South Miami and
secondly the Department of Environmental Resources Management (DERM).
The Board held a discussion on the proposed amendment.
Motion: Mr. Cruz motioned to add a line item that states Automotive Repair as a special use
approving the item. This motion was seconded by Mr. Fernandez.
Mr. Brimo stated that the s will be striked of the proposed and a new line will be created adding s
and the s will be carried over to the TODD LI district as well.
Vote: Approved: 5 Opposed: 0
Dr. Whitman: Yes
Dr. Philips: Yes
Mr. Vitalini: Yes
Mr. Cruz: Yes
Mr. Fernandez: Yes
Dr. Hauri: Absent for the vote
V. Future Meeting Dates: Tuesday, January 29,2012
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 8:50 PM.
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