Ord. No. 09-03-1793ORDINANCE NO.9-03-1793
AN ORDINANCE OFTHEMAYORANDCITYCOMMISSIONOFTHECITYOF
SOUTH MIAMI,FLORIDA RELATING TOTHECITYOF SOUTH MIAMI LAND
DEVELOPMENT CODE,AMENDING SECTION 20-3.3(D)ENTITLED
"PERMITTEDUSESCHEDULE"BY CHANGING THEPERMISSIBILITYOF
"SOCIAL SERVICE AGENCY"ASA PERMITTED USEINTHECITY'S ZONING
DISTRICTS;PROVIDING FOR SEVERABILITY;PROVIDING FOR
ORDINANCESINCONFLICT;AND PROVIDING ANEFFECTIVEDATE.
WHEREAS,the City Commission has recently had discussions regarding the Fellowship House
facilities located on Commerce and Progress Lanes in the TODD-LI Light Industrial Zoning District;and
WHEREAS,these discussions centered upon the potential impacts of operation and possible
expansion ofa Social Service Agency within the Light Industrial District;and
WHEREAS,the City Commission directed the Planning &Zoning Department to forward to the
Planning Board an examination of the permitted uses in the Light Industrial and other zoning districts,
and,more particularly,the advisability of permitting Social Service Agencies in the Light Industrial
zoning district or other districts,or allowing their expansion;and
WHEREAS,on March 25,2003,the Planning Board held a public hearing on the issue and voted 5-0
to recommend approval ofthe proposed ordinance;
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1 That Section 20-3.3(D),entitled,"Permitted Use Schedule,"of the South Miami Land
Development Code is hereby amended to read as follows:
Section 20-3.3 (D)Permitted Use Schedule
Z ONIN<2 DISTRICT
R R R R R R R L R R L M N S G T T T T T H P PC P
s S S S S T TR M O O O R R R O O O O O 1 R O A
1?3 4 5 6 9 M 2 D D D D D N R
USE TYPE 1
8
4 D D D D D D K
M M L P P
U U I I R
45 4
PUBLIC AND INSTITUTIONAL USES
Social Services
Agency
P P J*P P
10
*Parking requirement category;1space per 300 sq.ft gross floor area (NOTE:New wording in bold-underlined)
Ord.No.9-03-1793
Section 2 All ordinances or parts ofordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 3.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 thisordinance.
Section 4.Thisordinanceshallbe effective immediately aftertheadoptionhereof.
PASSED AND ADOPTED this 20th day of May 2003
ATTEST:
UdthD
CITY CLERK
1st Reading-5/6/03
2nd Reading-5/20/03
READ AND APPROVED AS TO FORM:
^1G.^.jJi'6 A-
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Russell
Commissioner McCrea:
Commissioner Bethel:
Commissioner Wiscombe:
5-0
Yea
Yea
Yea
Yea
Yea
South Miami
AIl-AmericaCity
2001
Excellence,Integrity,Inclusion
To:Honorable Mayor,Vice Mayor &
City Commission
From:Sanford A.Youkilis
Acting City Manager
Date:May 2<h2003
Re:Item No.
LDC Amendment
Social Service Agencies as
Permitted Uses
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA RELATING TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE,AMENDING SECTION
20-3 3(D)ENTITLED "PERMITTED USE SCHEDULE"BY CHANGING
THE PERMISSIBILITY OF "SOCIAL SERVICE AGENCY"ASA
PERMITTED USE IN THE CITY'S ZONING DISTRICTS;PROVIDING
FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN
CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND ..,.,Currently Social Service Agency is a permitted use in several zomng districts,including the
Public Institutional zoning districts,all the office districts,and the lower intensity retail districts
It is also a permitted use in the TODD-LI light industrial zoning district,centering around
Commerce andProgressLanes.
Recently,the City Commission had several public discussions regarding the Fellowship House
facility located in the industrial area on Commerce and Progress Lanes.The advisability of
having such a large social service agency in the industrial area was discussed by the
Commission,Fellowship House staff,and local business owners.The Commission forwarded a
request to the Planning Board to examine the issue,with the aim of revising the permitted use
schedule to address the problems and concerns raised regarding Social Service Agencies.
FELLOWSHIP HOUSEFellowshipHouseisaSocial Service Agency serving the mentally ill.They have many
different programs in operation,and provide important services to the community.Their
original facility has grown from aone building operation on Progress Lane to amulti-building
operation comprising several buildings on Commerce Lane and Progress Lane.Fellowship
House has a long history of providing important services,but there have also been periodic
complaints from nearby property owners regarding the impacts of their operations.The
complaints have centered around the Fellowship House "members"walking around the narrow
streets of the neighborhood (there are few sidewalks)in the middle of the street,or loitering in
the general area of the facility.
LDC Amendment
Social Service Agencies
May20,2003
Page2 of2
Recently,Fellowship House undertook a new program,which will increase the daily number of
people by another 50 people,bringing the daily total to almost 250 people.Nearby neighbors
have complained that this increase in the number of people attending Fellowship House will
increase thenegative impacts onthe area.
ZONING REGULATIONS
As stated above,currently Social Service Agencies are a permitted use m several zomng
districts.One alternative would be to change Social Service Agencies to "S"Special Use in the
schedule of permitted uses in the Land Development Code.This would subject any new social
service agency,or any proposed expansion of an existing social service agency,to the Planning
Board and City Commission public hearing process.This process could be used to assess the
compatibility of the proposed use with the surrounding neighborhood,and to add conditions of
operation on a case-by-case basis.This course of action is contained in the attached draft
resolution.This would change Social Service Agency to a special use in each of the zomng
districts inwhichtheyare currently permitted.
On March 25 the Planning Board reviewed the proposed ordinance and voted 5-0 to
recommend approval of the ordinance.On May 6,2003,the City Commission voted to approve
the ordinance on firstreading.
RECOMMENDATION .Planning &Zoning staff believes that problems arising from Social Service Agency uses would
be best addressed through the Planning Board special use public hearing process.Each proposal
could be addressed on a case-by-case basis,and future expansion of existmg facilities could be
prevented if warranted.Therefore,the Department recommends approval of the ordinance.
APPROVAL ofthe ordinance upon second reading public hearing.
Attachments:
Draft Ordinance
SAY/RGL
K:\Comm Items\2003\04-22-03\socia!svc agency reportdoc