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14South Miami hO:d CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM ififr To: The Honorable Mayor Stoddard and Members of the City Commission Via: Steven Alexander, City Manager From: Christopher Brimo, AIC~rN / Planning Director 1!J'f 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 Avenues, 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 A venue 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 Jtems\2013\1-22-13\20-3.3(D) GR Amendment_Auto Repair\Permitted Use Amendment_Automotive Repair_CM Report.doc .J. 2 3 4 5 6 ORDINANCE NO. _____ _ 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. 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 district, the Planning Board felt "Automobile Repair" should be added to the TODD LI-4 zoning district for 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. 11-90-145l. 41 42 SECTION 20-3.3(D) PERMITTED USE SCHEDULE P = PERMITTED BY RIGHT 5 = PERMITTED AS SPECIAL USE (OND = SPECIAL USE CONDITIONS (See Section 20-3.4 PARK = PARKING REQUIREMENTS (See Section 20-4.4(B)) X = No conditions were adopted 1 USE TYPE ZONING DISTRICT R L M N S G M T T T T T H P P C P 0 0 0 R R R U 0 0 0 0 0 I R 0 A A D D D D D N R H D D D D D D K M M L P P U U I I R 4 5 4 * * * * BUSINESS AND PROFESSIONAL SERVICES Accessory Medical Services P P P S 18 7 Accounting and Auditing Services P P P P P P P P 10 Acupuncturist P P P P P P P P 9 Advanced Registered Nurse Practitioner P P P P P P 9 Advertising Agency P P P P P P P P 10 Animal Hospital or Veterinarian S S S S P 21 12 Architectural Services P P P P P P P P 10 Automobile Parking Structure P P P Automobile Rental Agency S S 11 22 ** Automobile Repair and Body Shop S 11 Automobile ReQair ~ ~ 11 Automobile Upholstery and Top Shop S 11 Automobile Washing/Detailing Operations S 10 11 * * * * 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 ofthis 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 26 27 28 29 30 31 32 33 34 35 36 37 38 PASSED AND ENACTED this __ day of _____ :, 2013. ATTEST: CITY CLERK 1st 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 Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities to register with the City Clerk andpay an annualfee 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 1.PB-13-001 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 13-00I.docx Page I 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. Z;\PB\PB Minutes\2013 Minutes\PB Draft Regular Meeting Minutes -01-10-13 Excerpt PB 13-001.docx Page 2 of2 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 O.V. FERBEYRE. who on oath says that he or she is the VIC~ PRESIDENT. Legal Notices of the Miami Daily Business Review flk/a ~iami 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 Lega! Advertisement of NOlice in the matter of ' CITY OF SOUTH MIAMI PUBLIC HEARING -FEB. 5,2013 in the XXXX Court, was published in said newspaper in the issues of 01/25/2013 Affi~nt further says that the said Miami DaHy 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) • an~ has b~en .~nter~d a~ second class mail matter at the post offl?e In Miami In said Miami-Dade County, Florida. for a penod of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she h~s neither paid nor promised any person, firm or corporation any dlsc.ount •. rebate, commission or refund for the purpose 01 secunn IS adv e ent for publication in the said 2013 ==~~~~~----~~~~~~;;~~~~~~.~~~~~~ MARIA MESA 1 .. "'~ Notary Public -State of florida !<' 1:1 cf, ~ My Comm. Expires Mar 4 2016 -:''-?~~o o¢'~~~ Commission # EE 168275 ~II Ff~ \\11 B ",n'" onded Through Natianal Notary Assn. O.V. FERBEYRE persona 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 Hearing(s) at its regular City Commission meeting scheduled for Tuesday, February 5. 2013, beginning at 7:30 p.m .• in the City Commission Chambers, 6130 Sunset Drive. to consider the following item(s): A Resolution authorizing the City Manager to execute en agreement. not to exceed a term of three years, with the law firm of Nabors, Giblin & Nickerson, P.A .• to represent the City of South Miami during the negotiations of the franchise renewal agreement with FPL. A Resolution authorizing the City Manager to enter into the Community Space lease Agreement with Miami·Dade County for lease of 6701 SW 62 Avenue, South Miami, Florida for one (1) year with a one (1) option to renew. An Ordinance relating to public records; amending the City of South Miami Code of Ordinances Section 2-18. (a) through (g) entitled. "Pl'1ste!:lFaI3Rifl@ Imaging and destruction of public records". An Ordinance relating 10 lobbyists; amending the City of South Miami Code of Ordinances Section SA-5. (e) (1) entitled "Registration and filing requirements", and © (6) entitled 'Fees", and. (d) (1) 'List of expenditures'. 1 An Ordinance amending the Section 20-3.3(0) of the City's land ~ Development Code adding Automotive Repair and Body Shop . as a special use within the GR -General Retail Zoning District. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Cterk'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 wilhrespect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings. and that tor 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. 1/25 13·3·265/2020630M MIAMI HERALD MiamiHerald.com SUNDAY. JANUARY27,2013 I 21SE