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Res. No. 052-08-12649ARESOLUTION NO. 52-08-12649A A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-3.4(B)(22) OF THE LAND DEVELOPMENT CODE FOR SPECIAL USE APPROVAL TO ALLOW AN AUTOMOBILE RENTAL AGENCY TO BE LOCATED AT 6136 S. DIXIE HWY. IN THE "GR" (GENERAL RETAIL) ZONING DISTRICT; DENYING THE SPECIAL USE APPLICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to section 20-3.3(D) and Section 20-3.4(B)(22) of the Land Development Code (LDC), applicant, Bryan Guarch of Exotic Collections Car Rental has submitted Planning Board Application No. PB-08-008 requesting a Special Use Approval to operate an automobile rental agency at 6136 South Dixie Highway located in the "GR" General Retail zoning use District; and, WHEREAS, an automobile rental agency is allowed as a special use in the "GR" General Retail zoning use district subject to meeting general conditions specified in LDC Section 20-5.8 and subject to meeting special requirements set forth in LDC Section 20­3.4(B)(22); and, WHEREAS, the approval of a special use requires a recommendation from the Planning Board and the approval of the City Commission after a public hearing; and, WHEREAS, at its March 11, 2008 meeting the Planning Board, after public hearing, voted 5 ayes 0 nays to recommend approval with conditions of the special use request; and, WHEREAS, the Mayor and City Commission of the City of South Miami require a fourth-fifths vote of the Commission, a supermajority, to approve a special use; and, WHEREAS, on April 1 st, 2008, the Mayor and City Commission by a 3-1 vote denied the special use application pursuant to section 20-2.3(d) and 20-3.4(b)(22) of the City of South Miami Code of Ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: Section 1: The Special Use Application submitted by Bryan Guarch of Exotic Collections Car Rental requesting a Special Use Approval to operate an automobile rental agency at 6136 S. Dixie Highway located in the "GR" General Retail zoning use District is hereby denied. Section 2: Findings of Fact. The Mayor and City Commission, after public hearing held on April 1 st, 2008, made the following findings based upon the record: Additions shown by underlining and deletions shown by ovcrstrikin!L Res. No. 52-08-12649A (a) A special use application pursuant to sections 20-2.3(d) and 20-3.4(b)(22) of the City of South Miami Land Development Code was brought before the City of South Miami City Commission on April 1 5t, 2008. (b) Pursuant to the Land Development Code the automobile rental use application was brought before the City's planning board on March 11,2008. (c) The City of South Miami Planning Department submitted a staff analysis in support of the Department's recommendation that an automobile car rental agency be approved as a special use at 6136 South Dixie Highway in the City's "General Retail," "GR", zoning district. In support of its recommendation, staff opined, during the April 151 City Commission meeting, that the automobile rental agency at the proposed location is compatible with current uses in the GR zoning use district along South Dixie Highway. Staff recommended approval of the application with the following conditions: (1) No ingress or egress to the automobile rental agency shall be permitted through abutting residentially zoned parcels; (2) Required parking spaces are to be designated for customers and employees only, and not to be used for the storage of vehicles; (3) Maintenance, mechanical repair or washing of cars on site is prohibited; and, (4) If the subject use is, in the future, detennined by the Director of Planning, to be adversely affecting the health or safety of persons residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, or to be not in compliance with other applicable Code provisions, the special use approval may be modified or revoked by the City Commission upon notification and public hearing. (d) Section 2-5.8(B)(1) of the Land Development Code entitled: "Special Use Approvals," requires that prior to approving a special use application, the City Commission shall find that the use meets the conditional requirements set forth in section 20-3.4 and that it: (1) will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; (2) will not be detrimental to the public welfare or property or improvements in the neighborhood; and (3) complies with all other applicable Code provisions. Page 2 of 4 Res. No. 52-08-12649A (e) Section 2-5.8(B)(2) provides for "Additional Conditions," which states that the City Commission may designate such additional conditions in connection with a special use as will, in its opinion, assure that such use will conform to the foregoing requirement. (f) As noted in the staff analysis, the OR zoning district, which includes the surrounding properties to the applicant's site, provides for a retail mattress store to the south, and a physical fitness facility to the North. The property to the rear of the applicant's property includes a salon and spa and a personal skills instruction studio. The testimony at the hearing indicated that the properties immediately surrounding applicant's site have adversely impacted the district by causing overflow parking problems in the swales and neighboring residential area due to the existing uses surrounding the proposed site. As a result, the City has received numerous complaints from persons residing in the vicinity concerning illegally parked vehicles and traffic congestion. This is supported in the record by the testimony of the residents, particularly Sharon McCane, Ms. Harry, and Ms. Ann Eldredge. (g) Traffic congestion, overflow parking and illegally parked vehicles in the immediate area are specific issues that the City is currently attempting to resolve within the OR zoning district. (h) The staff analysis and applicant presentation was devoid of any evidence addressing parking issues or traffic congestion. G) The Land Development Code requires that the City Commission make specific findings prior to approving the special use application. The burden of proof under section 5.8 of the Code specifically requires that the Commission make specific findings prior to granting a special use approval. If the Commission is not satisfied that sufficient competent substantial evidence has been presented to permit the Commission to conclude that the proposed special use will not adversely affect the health and/or safety of individuals working or residing in the vicinity of the proposed use; would not be detrimental to the public welfare, property or improvements in the neighborhood, or that the application complies with all other applicable code provisions, the Commission must deny the special use application. (k) As a special use application is site specific, the City Commission must take into account the existing uses and current conditions when evaluating a new application. In light of the foregoing, the specific testimony in evidence must be presented before the City Commission concerning the parking problems and the traffic congestion in that specific area in order to pern1it the Commission to adequately evaluate and endeavor mitigate the impacts of an additional special use in the area. The record is void of any such testimony and as such the City Commission did not vote to approve the special use application. Section 3: Conclusions of law. Pursuant to section 20-5.8(B)(1), the City Commission, did not find, by a supermajority, as is required under the City Code, that the application will (a) not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; (b) not be detrimental to the public welfare or property or improvements in the neighborhood, and (b) comply with all applicable code proVISIOns. Page 3 of 4 Res. no. 52-08-12649A Section 4: This resolution shall be effective immediately after the adoption hereof. d PASSED AND ADOPTED this L day of April, 2008 a; " a~rJ~ CLERK READ AND APPROVED AS TO FORM: ~ )'---T -~~ cn TC Page 4 of 4 APPROVED: MAYOR Commission Vote: Mayor Feliu: Vice Mayor Beasley: Commissioner Palmer: Commissioner Wiscombe: Commissioner Beckman: