Ord. No. 04-01-1735ORDINANCE NO.4-01-1735
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI FLORIDA,RELATING TO A REQUEST TO AMEND SECTIONS
20-9.1 AND 20-9.3 OF THE LAND DEVELOPMENT CODE TO INCLUDE IN THE
COMMUNITY SERVICE OVERLAY DISTRICT PROPERTIES LEGALLY
IDENTIFIED AS LOTS 5 THRU 7,BLOCK 4,AMENDED PLAT OF HAMLET
(NORTHEAST CORNER OF SW 64™STR.AND SW 59th PL.),AND TO AMEND
THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI BY
CHANGING THE ZONING USE DISTRICT FOR THE SAME LEGALLY
IDENTIFIED PROPERTIES FROM "RS-4,"SINGLE FAMILY RESIDENTIAL TO
"RS-4(CS-OV)",SINGLE FAMILY RESIDENTIAL,COMMUNITY SERVICE
OVERLAY DISTRICT;PROVIDING FOR SEVERABILITY;PROVIDING FOR
ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,application No.PB-00-019 was submitted to the Planning and Zoning Department
by the Mt.Olive Missionary Baptist Church said application requesting to amend Sections 20-9.1 and 20-
9.3 of the Land Development Code to include in the Community Service Overlay District properties
legally identified as Lots 5thru 7,Block 4,Amended Plat of Hamlet (northeast corner of SW 64th St.and
SW 59th PI.),and to amend the official zoning map of the City of South Miami by changing the zoning
use district for the same legally identified properties from "RS-4,"Single Family Residential to "RS-
4(CS-OV),"Single Family Residential,Community Service Overlay District;and
WHEREAS,after review and consideration,the Planning and Zoning Department recommended
approval ofthe application;and
WHEREAS,on December 12,2000,after Public Hearing regarding the proposed amendment to
the Community Service Overlay District,Sections 20-9.1 and 20-9.3 of the Land Development Code,and
to the City's Official Zoning Map,the Planning Board approved the application by a vote of(7-0);and
WHEREAS,the City Commission desires to accept the recommendation of the Planning Board
and enact the aforesaid amendment.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That Section 20-9.3,entitled Community Service Overlay District Boundaries ofthe
SouthMiamiLand Development Codeis hereby amended toreadas follows:
Section 20-9.3 Boundaries.
The properties inthe Community Service (CS)overlay zoning district shall be delineated onthe
City's Official Zoning Map with the symbol "CS-OV"and shown as darkened areas in Figure 20-
9.1.the properties arelegally described asfollows:
Lots 7,8 and 12 of Block 1,PINES SUBDIVISION,according tothe plat thereof,as recorded in
Plat Book 13 at Page 2of the Public Records of Dade County,Florida;and,Lots 31,32 and 33 of
Block 5,Lots 34,35 and 36of Block 6,and the alley lying between Lots 34and35,Lot40,less
thewest 15 feet thereof,Lots41,42,43,44,45and46ofBlock7,and4feetofthealley lying
south and adjacent to Lot 46,Lots 70 and 71 of Block 12,and Lot 87 of Block 15 and 7 1/2 feet
of the alley lying west and adjacent to Lot 87,less roadway dedications,FRANKLIN
Ord.No.4-01-173'5
SUBDIVISION,according totheplat thereof,as recorded inPlat Book 5at Page 35ofthe Public
Records of Dade County,Florida;and,Lots 1,2.3,4,5,6,9,10,11.12.13.25.and 26,RE-
SUBDIVISIONOFTOWNSITEOFLARKINS,accordingtotheplatthereof,asrecordedinPlat
Book 4at Page 1of the Public Records of Dade County,Florida;and,Lots 12,13 and 14 of
Block 2,TOWNSITE OF LARKINS SUBDIVISION,according tothe plat thereof,as recorded
in Plat Book 2at Page 105 of the Public Records of Dade County,Florida;and,the North 1/2 of
Lot 5,Lots 6,7,8,9,10,11.12 and 13 of Block 2,and Lot|4,5,6,and7of Block 4,less
roadway dedications,AMENDED PLAT OF HAMLET,according to the plat thereof,as
recorded in Plat Book 4at Page 48 of the Public Records of Dade County,Florida;and.East 50
feetofWest200FeetofNorth 105.50 feetofEast Vi ofNorthwest Va ofSoutheast Va Less Streets.
Section 25-54-40,Dade County,Florida;and East 50 feet of West 150 feet of North 105.50 feet
of East '/2 of Northwest Va of Southeast Va Less Streets,Section 25-54-40,Dade County,Florida;
and,East 50 feet of West 100 feet of North 105.50 feet of East XA of Northwest %of Southeast Va
Less Streets,Section 25-54-40,Dade County,Florida;and West 50 feet of North 105.50 feet of
East VS or Northwest Va of Southeast Va Less Streets,Section 25-54-40,Dade County,Florida.
Section 2 .That the City's Official Zoning Map shall be amended by changing the zoning on
properties legally identified as Lots 5 thru 7.Block 4,Amended Plat of Hamlet (northeast corner of SW
64,h Str.and SW 59,h PI.)from "RS-4,"Single Family Residential to "RS-4(CS-OVy\Single Family
Residential,CommunityServiceOverlayDistrict.
Section 3If 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
theremainingportionsofthisordinance.
Section 4 All ordinances or parts of ordinances in conflict with the provisions of this ordinance
areherebyrepealed.
Section 5Thisordinanceshallbe effective immediately aftertheadoptionhereof.
PASSEDANDADOPTEDthis 6th dayof February .2001
ATTEST:
A^u^Sj)
CITY CLERK
Is'Reading-1/9/01
2nd Reading-2/6/01
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
NOTE:"New wording underlined
D:\Comm ltems\200l\2-6-01\LDC Amend -CS-OV Ordinancc.doc
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Felieu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
5-0
yea
Yea
Yea
Yea
Yea
Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,Vice Mayor Date:February 6,2001
andCity Commission
From:Charles Scurr Wt^Re:Agenda Item
City Manager y[*LE>C Amendment
CommunityServiceOverlayDistrict
9
REQUEST
AN ORDINANCE OFTHEMAYORANDCITY COMMISSION OFTHECITYOF
SOUTH MIAMI FLORIDA,RELATING TOA REQUEST TO AMEND SECTIONS 20-
91 AND 20-9.3 OF THE LAND DEVELOPMENT CODE TO INCLUDE INTHE
COMMUNITY SERVICE OVERLAY DISTRICT PROPERTIES LEGALLY
IDENTIFIED ASLOTS5 THRU 7,BLOCK 4,AMENDED PLAT OF HAMLET
(NORTHEAST CORNER OF SW 64th STR.AND SW 59™PL.),AND TO AMEND THE
OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI BY CHANGING THE
ZONING USE DISTRICT FOR THE SAME LEGALLY IDENTIFIED PROPERTIES
FROM "RS-4,"SINGLE FAMILY RESIDENTIAL TO "RS-4 (CS-OV)",SINGLE
FAMILY RESIDENTIAL,COMMUNITY SERVICE OVERLAY DISTRICT;
PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;
AND PROVIDING AN EFFECTIVE DATE.
APPLICANT'S REQUEST
The applicant,Mt Olive Missionary Baptist Church,is requesting a zone map change from "RS-
4"to "RS-4 (CS-OV)"Community Service Overlay District zone for a site consisting of three
church owned lots as legally described above.The purpose of the request is to permit the
construction ofa one story Sunday School building across the street from the main church
sanctuary building.
BACKGROUND COMMUNITY SERVICF OVERLAY DISTRICT
The Community Service Overlay District,which is Article IX (Section 20-9)of the Land
Development Code,was adopted in 1997 by the City Commission in order to provide a method
LDC Amendment -Community ServiceOverlay
Commission Meeting:February6,2001
Page2 of4
whereby community-based service organizations could respond to special needs ofthe
community(CharretteTooStudyArea).
The technique developed was an overlay zone,which allows for additional uses that are not
permitted or provided for in the underlying single-family use districts.The overlay zone allows
fora number of uses,suchas churches,temples,community residential homes,anddaycare
centers,as permitted uses,and other uses such as ACLF's,funeral homes,and schools as special
uses requiring public hearings before the Planning Board and City Commission.The applicant's
proposal to build a Sunday School structure serving the church requires the site to be included in
the Community Service Overlay District necessitating the subject application (Section 20-9 LDC,
Community Service Overlay District,is attached)
SITE ANALYSIS
The applicant's proposed site consists ofLots 4,5,6,and 7 (Block 4,Amended Plat of Hamlet),
and is located at the northeast corner of SW 64th Street and SW 59th Place.The subject
application,however,is to change the zoning on Lots 5,6,and 7 from RS-4 to RS-4 (CS-OV).
In 1997,at the time the Community Service Overlay District was created,all of the church's
property was placed in the overlay district,including Lot 4,which is part of the site now
proposedfordevelopment.
The development site is .3 acres (12,789 sq.ft.).Lots 6 and 7 are vacant parcels,and Lot 5 is
improved with a one story single-family structure.The following is a zoning and use analysis
for the properties surrounding the subject site:
Zoning Existing Use
North RS-4,Single Family Residential Vacant .right ofway,residential
West RS-4 Single family Residential
CS-OV
Church
South
East
NR,NeighborhoodRetail
RS-4,Single family Residential
One story neighborhood retailstore,
Vacant parcels,residential
One story,single family homes
PROPOSED DEVELOPMENT
The applicant is proposing a new one-story school building and the remodeling of the existing
structure to include uses accessory to the school function.The new addition will have 3396 sq.ft.
to be added to 1015 sq.ft.in the existing building,for a total development of 4411 sq.ft.The
applicant has submitted a site plan and floor plan,which are attached.A detailed review of the
site plan will be part of a subsequent Special Use application,which will follow the adoption of
the proposed zonemap change.
LDC Amendment-Community Service Overlay
CommissionMeeting:February6,2001
Page3 of4
STAFF OBSERVATIONS
1)The applicant,Mt.Olive Missionary Baptist Church qualifies asa community-based service
provider in the Charrette Too Study Area and is eligible to apply for the placement of the CS-OV
zoning district on property owned by the church,as specified in Section 20-9.1 of the Land
Development Code.
2)The proposed development ofa building to be used as a church Sunday school is an allowed
special use in the Community Service Overlay District as specified in Section 20-9.6(B).
3)The proposed zoning change and the proposed use is compatible with the existing zoning
pattern and with other uses in the immediate neighborhood.
4)If the proposed zone change is approved,the applicant will be required (Section 20-9.6(B))to
submit a special use application for approval by the Planning Board and City Commission after
public hearings.A detailed review of the applicant's site plan will be part of the special use
approval process
SPECIFIC AMENDMENT
The placement ofa CS-OV zoning district on the applicant's property is accomplished by the
adoption of an ordinance amending the Land Development Code.The ordinance will:
a)modify Section 20-9.3,Boundaries,by including the written legal description of the
three parcels;
b)modify the boundary map ,Figure 20-9.1,to include the three parcels;
c)Amend the City's Official Zoning Map by changing the zoning on the three parcels
from "RS-4"to "RS-4 (CS-OV)'.
PLANNING BOARD RECOMMENDATION
The Planning Board,at its December 12,2000 meeting,approved the proposed amendment by a
vote of 7-0.
LDC Amendment -Community ServiceOverlay
Commission Meeting:February 6,2001
Page4 of4
RECOMMENDATION
The subject ordinance was approved on first reading at the City Commission meeting of
January 9,2001.
Itis recommended that the request to change zoning of Lots 5,6 and 7,Block 4,Amended Plat
of Hamlet,from RS-4 to RS-4(CS-OV)be adopted on second reading,subject to the submission
ofa Unity of Title,as required by Section 20-9.11 of the LDC.
Attachments:
Draft Ordinance
Application
Letter of Intent
Property surveyand location maps
Siteplan
Floor plan
Public notices
Planning BoardMinutes,12/12/00
Section 20-9,LDC
/OD/Dr.I /CAV*'CDS/SB/RGL/SAY
D:\Comm Items\2001\2-6-01\LDC AmendCS-OVCM report.doc
City of South Miami
Planning &Zoning Department
City Hall,6130SunsetDrive,South Miami,Florida 33143
Telephone:(305)663-6326;Fax:(305)666-4591
Application For Public Hearing Before Planning Board &City Commission
Addressof Subject Property:^^._.
Meets &Bounds:SoOTW-W-tiA^i
LotfsW-1 Block y Subdivision
PB if -V&AngjJ^Cp p^Af of frfrrMUt-'i
Applicant
h\r»oUUfe H^S,feKvpr,CHn.Jg.eH
Phone:^
Organization:T^o s n£-£."&°A^-ft L MT«^u£jRepresentative:.
Address:Phone:(3CSV j2^~^5^
Property Owner .
Mailing Address:
Signature:
Phone:ISoSJ ^6?-7?3/
Architect/Engineer:^ifV^.M.lF^->^>0Mft>3 er &c^lcc>j^-clv
Phone:
(3*5}'Z/ll*"*iotoo
ASTHE APPLICANT,PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
XPwner Owner's Representative Contract to purchase Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
PLEASE CHECK THE APPROPRIATE ITEM:
X.TextAmendment to LDC..Variance
X.Zoning Map Amendment •N Special Use
PUD Approval Special Exception
__PUD Major Change Other
Briefly explainapplicationandcitespecificCodesections:
Section:Subsection:Page #:.Amended Date:
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY:
VHLetter of intent
Justifications for change
Statement of hardship
{__Proof of ownership or letter from owner
Power of attorney
Contract to purchase
Current survey (1original sealed and
signed/1 reduced copy @ 11"x17")
15 copies of Site Plan and Floor Plans
1 reduced copy @11"x17"
20%Property owner signatures
Mailing labels (3 sets)and map
Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are true and
correcttothebest of theapplicant's Knowledge andbelief.
\X\\fj\^f%4AA**rn «*ii r
Applicant's Signature andtitle
Upon receipt,applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations.Applications found not in compliance will be rejected ana returned to the applicant.
OFFICE USE ONLY:
Date Filed
Petition Required
Method of Payment,
8/2/00
Date of PBHearing.
Petition Accepted
Date
Date of Commission
MT.OLIVE MISSIONARY BAPTIST CHURCH,Inc
Elder R.E.Harris
Pastor
11-4-2000
6316 S.W.59THPLACE (CHURCH ST.)
SOUTH MIAMI,FLORIDA 33143
(305)667-7791Fax(305)667-4434
Planning and Zoning Dept.
City of South Miami
6130S.W.SunsetDrive
South Miami,Florida 33143
To Whom ItMay Concern,
We,the Trustee Board and member of Mt.Olive Missionary BaptistXhurchtocated at6316SW59thPlace,do hereby request azone change fromRS4 toRS4-CiUV toSowanaddUiontoourexistingpropertyforthepurposeofSundaySchool.Th.saddMonSapprox.3400 sq.ft.and we hope an aesthetic asset to our community.
r>,^t^rtv w Tots456&7blk 4.."Amended Plat of Hamlet".We w'oXeady S-Lt your approval of this matter as our Youth Outreach Program
isvery successful.
Sincerely,
Dea.C.Bronson
Trustee Board
Mt.Olive Missionary Baptist Church -Northeast Comer of SW 64™Street AND SW 59™Place
FROM:RS-4 SINGLE FAMILY RESIDENTIAL
TO:RS-4(CS-OV)SINGLE FAMILY RESIDENTIAL
COMMUNITY SERVICE OVERLAY DISTRICT
COMMUNITY SERVICE OVERLAY DISTRICT
20-9.3
•
»
C_J _
s
\
N 1 J
-
•Ufiiu
c
•>i r
--r \
v»i
PropertiesInTheCommunity Sen ice (CS)Overlay ZoningDistrict
Figure 20-9.1
:,v.
DSIO 3 IIVN ONDDJ
[dV3 01 ON)
3dId NOUl .2/1 ONnOJ
(dV3 01 ON)
3dId NOUl .2/1 ONTOd
(dV3 01 ON)
3dld NOUl .2/1 ONnOJ
.^1
133diS
.*»Oil 3./ir.95.68S
M SB
,ir09 M.^,99.68N
.1 2C •S»0£
A -3 J 9n•••.-3J-,
£S6S.N 33N30IS3H
S'8 '3 AdOiS I
,S£B2
-IZ'98 3.tf,99.68S
I
it'io"
i~
"!
fc:
i U....--v-:.-j
•fl1
V.
"•'•I •
;-M •
i
Jil
0 *s
,.,].
f />I
£
T
fir*!*'"1f5-at _F »s *
2*&?
if
IjiT—i—T^H—1—I—?"-\>.-v^
/..*.»).•••*"•-^-n-Fgr
so o<3 2«n
3 3 *"•-•2
"!§*'»°
'1 5?
William Friedman and Associates Architects,Inc,
OU I 'spajjipjv sopioossv pub-u-bcupsuj lud
"j"|iiti'stficiicr
1
.
.-.:t
i
,.t•t Ul|
*='!j|.
"•"
'i !•"*!-'•
u !..l.'.T^
,<3;<^9
iTT:iSr:--~:S:f^:-::T'~:
Hi!"
r:-:;|-L-v.^^
I .1 ..!..
0
0
j
U
CITYOFSOUTHMIAMI
NOTICEOFPUBLIC HEARINGS
AMENDMENTS TOLAND DEVELOPMENT CODE
NOTICE IS HEREBY given that the City Commission ofthe City of South Miami will conduct Public Hearings
on the following proposed ordinances amending theCity's Land Development
1)AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
RELATING TO A REQUEST TO AMEND SECTIONS 20-9.1 AND 20-9.3OFTHE LAND DEVELOPMENT CODE
TO INCLUDE IN THECOMMUNITY SERVICE OVERLAY DISTRICT PROPERTIES LEGALLY IDENTIFIED AS LOTS
5 THRU 7,BLOCK 4,AMENDED PLAT OF HAMLET (NORTHEAST CORNER OF SW 64TH STR.AND SW 59TH
PL),AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY OF SOUTH MIAMI BY CHANGING THE
ZONING USE DISTRICT FOR THE SAME LEGALLY IDENTIFIED PROPERTIES FROM "RS-4,"SINGLE FAMILY
RESIDENTIAL TO "RS-4 (CS-OV)\SINGLE FAMILY RESIDENTIAL,COMMUNITY SERVICE OVERLAY
DISTRICT;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING
AN EFFECTIVE DATE.
ITEMNO.1
LOCATION MAP;RS-4 TO RS-4 (CS-OV)
3JJU_1LL±1^
C-r-T-,f—r-r-TTT
2)AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
RELATING TO PERMITTED USES;AMENDING CHAPTER 20 OF THE CITY OF SOUTH .MIAMI LAND
DEVELOPMENT CODE,BY REVISING SECTION 20-3.3 (D)ENTITLED,"PERMITTED USE SCHEDULE,"IN
ORDER TO ADD MORTGAGE BANKING /MORTGAGE BROKERAGE ASA PERMITTED USE IN THE "GR",
GENERAL RETAIL USE DISTRICT;PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,AND
PROVIDINGANEFFECTIVEDATE.
3)AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,
RELATING TO THE LAND DEVELOPMENT CODE,SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS
THATALLOWFORTHEREDUCTIONOFREQUIREDOFFSTREETPARKINGBYAMENDINGORDINANCENO
8-99-1682 IN ORDER TO CONTINUE FOR AN ADDITIONAL MINE (9)MONTHS THE MODIFICATIONS MADE
TO SECTION 20-7.6(B),AND THE SUSPENSION OF SECTION 20-4.4(G)AND SECTION 20-4.4(H)
PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT AND PROVIDING AN EFFECTIVE DATE.
Publichearingsontheabove-proposedordinanceswillbeconductedduringregularmeetingsoftheSouth
MiamiCityCommission scheduled for:
Tuesday,January 9,2001 at 7:30 PM-1stReading
Tuesday,February 6,2001 at 7:30 PM -2ndReadingandAdoption
Themeetingswillbeheldinthe City Commission Chambers,South Miami City Hall,6130Sunset Drive,
South Miami,Florida,33143.All interestedpersonsare invited toattendand will beheard.Copies ofthe
subjectordinancesareavailableforreviewintheCity'sPlanningDepartment,whichislocated en the2nd
floor ofthe South Miami City Hall,6130 Sunset Drive.Inquiries concerning theseitemsmaybe directed to
thePlanningDepartmentat305-663-6326.
Pursuant to Florida Statute 286.0105,the City hereby advisesthe public that if.a person decides to appeal
anydecisionmadebythis Board,Agency or Commission withrespecttoanymatterconsideredatits
meetingorhearing,heorshe will needa record oftheproceedings,andthatforsuchpurpose,affected
personmayneedto ensgre thataverbatimrecordoftheproceedingsismadewhichrecordincludesthe
testimonyandevidenceuponwhichtheappealistobebased.
to
CO
1
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday,December 12,2000
City Commission Chambers
7:30 P.M.
ITEM:PB-00-019
Applicant:
Request:
Mt.Olive Missionary Baptist Church
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI FLORIDA,RELATING TO A REQUEST
TO AMEND SECTIONS 20-9.1 AND 20-9.3 OF THE LAND
DEVELOPMENT CODE TO INCLUDE IN THE COMMUNITY
SERVICE OVERLAY DISTRICT PROPERTIES LEGALLY
IDENTIFIED A LOTS 5 THRU 7,BLOCK 4,AMENDED PLAT OF
TH >THHAMLET(NORTHEASTCORNEROFSW 641"ST.ANDSW59
PL.),AND TO AMEND THE OFFICIAL ZONING MAP OF THE CITY
OF SOUTH MIAMI BY CHANGING THE ZONING USE DISTRICT
FOR THE SAME LEGALLY IDENTIFIED PROPERTIES FROM "RS-4,"
SINGLE FAMILY RESIDENTIAL TO "RS-4 (CS-OV)",SINGLE
FAMILY RESIDENTIAL,COMMUNITY SERVICE OVERLAY
DISTRICT;PROVIDING FOR SEVERABILITY;PROVIDING FOR
ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE
DATE.
Action:Ms.Gibson readthe request intotherecord.
StaffelaboratedontheCommunityServiceOverlayDistrictzoneand"specialuses."
Public speaker:Mr.Charles Bronson,TrusteeBoard member of Mt.Olive Missionary
Baptist Church.
Motion:Ms.Chamilismovedapprovaloftheapplicationwithcondition:Subjectto
thesubmission of aUnity of Title.Mr.Comendeirosecondedthemotion.
Vote:Approved 7 Opposed 0
ARTICLE IX.COMMUNITY SERVICE OVERLAY DISTRICT
20-9.1 Purpose and intent.
Itisthe purpose and intent ofthis section to promote the
health,safety,community-acceptable standards of morals and
generalwelfareoftheresidentsoftheCityofSouthMiami
through the stated regulations ofthissection.The Community
Services overlay zoning districtis intended to provide forthe
establishment of an overlay zoning district inthe Charrette Too
Study Area,in order to provide forthe special needs of
community-basedserviceproviders and,specifically,topermit
parking lotimprovements,outparceldevelopment,day care center
facilities and building additions for those properties under the
sole ownership of community-based serviceproviders,such as
churches,mosques,synagogues,or temples.
(Ord.No.1-97-1622,§1,2-18-97)
20-9.2 Applicability.
TherequirementsofthisArticleshallbeinadditionto
otherrequirementsintheCity'sadoptedLand Development Code,
and inthe case of conflict the provisions of this Article shall
control.
(Ord.No.1-97-1622,§1,2-18-97)
20-9.3 Boundaries.
The properties intheCommunityService (CS)overlay zoning
district are indicated as darkened areas in Figure 20-9.1 and are
legally described as follows:
Lots 7,8 and 12 of Block 1,PINES SUBDIVISION,according to
the plat thereof,as recorded inPlat Book 13at Page 2of
the Public Records of Dade County,Florida;and,Lots 31,32
and 33of Block 5,Lots 34,35 and 36of Block 6,and the
alleylyingbetweenLots34and 35,Lot 40,lessthewest15
feet thereof,Lots 41,42,43,44,45 and 46 of Block 7,and
4 feet of the alley lying south and adjacent to Lot 46,Lots
70 and 71of Block 12,and Lot 87of Block 15 and 7 1/2 feet
of the alley lying west and adjacent to Lot 87,less roadway
dedications,FRANKLIN SUBDIVISION,according to the plat
thereof,as recorded in Plat Book 5at Page 35of the Public
Records of Dade County,Florida;and,Lots 1,2,3,4,5,6,
9,10,11,12,13,25,and 26,RE-SUBDIVISION OF TOWNSITE OF
LARKINS,according tothe plat thereof,as recorded inPlat
Book 4at Page 1ofthe Public Records of Dade County,
Florida;and,Lots 12,13 and 14 of Block 2,TOWNSITE OF
LARKINS SUBDIVISION,according to the plat thereof,as
recorded in Plat Book 2at Page 105 of the Public Records of
Dade County,Florida;and,theNorth1/2ofLot 5,Lots 6,
7,8,9,10,11,12 and 13of Block 2,and Lot4 of Block 4,
lessroadwaydedications,AMENDEDPLATOFHAMLET,according
totheplatthereof,as recorded inPlat Book 4at Page 48
of the Public Records of Dade County,Florida.
(Ord.No.1-97-1622,§1,2-18-97)
20-9.4 Definitions.
The definitions below,asmaybe amended from timetotime,
shall applytoArticleIX only.Otherthantherevised
definitions included in this subsection,the definitions provided
under Section 20-2.3 ofthe Land Development Code are applicable
to the provisions of Article IX.
Accessory building shallmeanadetachedsubordinate
buildingor portion thereof,theuseofwhichisincidentalto
andin connection with aprincipalormain building which is
under thesame ownership asthemainbuilding.No accessory
buildingshallbepermittedwhichisnotownedinconjunction
with a principal or main building.
Accessory use shallmeanabuildingor structure,theuseof
which is subordinate and incidental to the main building or
structure,andis under thesame ownership asthe main building
or structure.
Adult congregate living facility shallmean any building or
buildings,sectionofabuildingordistinctpartofabuilding,
operatedasanonprofit entity,whichundertakesthroughits
ownership and management toprovide,fora period exceeding
twenty-four (24)hours,housing,food service and one or more
personal services forfour (4)ormoreadults,not related to the
administrator by blood ormarriage,whorequire such services and
toprovidelimitednursing services,when specifically licensed
todosopursuanttoFlorida Statutes.Afacility offering
personalservicesorlimitednursingservicesforfewerthanfour
(4)adults is within the meaning of this definition ifit
formallyorinformallyadvertisestoorsolicitsthepublicfor
residents or referrals and hold itself out to the public tobe an
establishment which regularly provides such services.
Church,mosque,synagogue ortempleshall mean a formerly
organized religious entity with ownership of property or
properties,abuildingorother structures,oragroupof
buildingsorstructures,which,bydesignandconstruction,are
intended for organized worship services and commonly related
services,such aseducational,recreational,and socialservices,
including daycareandother community services,whichprincipal
facilities and main worship sanctuarystructure are located in
theCommunityServices (CS)overlayzoningdistrict.
Community residential home shall meananestablishment
licensed to serve clients of the Department of Health and
Rehabilitative Services,which providesa living environment for
unrelated residentswhooperateasafunctionalequivalentofa
family,including such supervision and care by supportive staff
asmaybenecessarytomeetthe physical,emotional and social
needs of residents.
Community service providers shallmeanthe existing
institutions whose main buildings or structures are located
withinthe Community Service (CS)overlay zoning district asof
the adoption dateofthis subsection,suchaschurches,mosques,
synagogues or temples.
Day care center shallmeananyestablishment providing for
thedaytimecareofseven (7)ormorechildrenandlicensedby
theDepartmentof Health andRehabilitativeServices.
Group Home (See Community residential home.).
School shall mean institutions of general education offering
kindergarten through 12th grade education or any portion thereof,
including special programs and facilities.
(Ord.No.1-97-1622,§1,2-18-97)
20-9.5 Development review procedures.
(A)Applicants shallmeet in,pre-application conference with the
Planning and Zoning Division staffto discuss and analyze
proposed applications in non-binding forum.Staff may
prescribe special conditions inorderto assure the overall
compatibility oftheproposesusesand physical structures
with the neighboring uses and physical structures.
(B)Applicants shallsubmitan application for development
respondingtothepre-applicationconferencefindingsinthe
form prescribed under theprovisionsof Section 20-5,
entitled Article V.Procedures and Applications,as
contained in the Land Development Code.
(C)Uponreceiptofapplicationsfor development,thePlanning
and Zoning staffshallreviewthe application and assure
that proposed usesandphysicalstructuresarecompliant
with thepurpose,intentandrequirementsofthis article
and applicable Code requirements.
(D)Uponthestaff's determination ofcompliance with the
purpose,intentandrequirementsofthisarticleand
applicableCode requirements bythePlanningandZoning
Division,the application shall be reviewed by theERPB,as
regulated by Section 20-5.11.
(E)Applicantsshall incorporate ERPB conditions,if any,and
applyforallrequired building,electrical,mechanical,
plumbingandutility permits,asregulatedbySection20-
5.13.
(Ord.No.1-97-1622,§1,2-18-97)
20-9.6 Permitted uses and special uses.
(A)Theuseslistedbelowarepermittedbyright within the
districtandareapplicabletobothnewand existing
buildings,including accessory structures and accessory
uses.
Permitted Use by Right Required Parking Spaces
Church,temple or synagogue 1 per 3 seating spaces
Community residential home,*6
persons or less
2 per dwelling unit
Day care center,*7 children
or more
1 per 250 gross square feet
Dwelling,single-family*2 per dwelling unit
Park or playground,public or
private
None
♦under theownership,managementandcontrolofa defined
community service provider.
(B)Theuses listed below are permitted via special use
approval.Applicants shall follow the procedures established
forspecial uses,assetforthin subsections 20-5.8(B)
through (F),andshallfollowthoseproceduresforthe
requiredpublic hearings,assetforthingeneralinSection
20-5.1 through Section 20-5.6.
Permitted by Special Use
Approval
Required Parking Spaces
Adult congregate living
facility*
2per dwelling unit
Community residential home,*7
persons or more
2per dwelling unit
Counseling services,*as
defined under Section 20-2.3
1 per 250 gross square feet
Funeral home,*per conditions
under Section 20-3.4(B)(3)
1 per 300 gross square feet
School,elementary or
secondary*
1 per 400 gross square feet
School,vocational or special
programs*
1 per 400 gross square feet
*undertheownership,managementandcontrolofadefined
community service provider.
(Ord.No.1-97-1622,§1,2-18-97)
20-9.7 Dimensional requirements.
Minimum lot size (for subdivision only):
Net lot area (square feet)....6,000
Frontage (linear feet)....60
Required build-to lines (for principal structures):
Front street (address side)....Property line
Side street (not including alleyways)....Property
line
Canopies,awnings and arcades may project over existing
sidewalk areas
Minimum yard setbacks (for new construction):
Front street (address side)....0.0 feet
Side street (not including alleyways)....0.0 feet
Side street (for alleyways only)....5.0 feet
Side (Interior)....7.5 feet
Rear (Interior)....10.0 feet
Rear street ....0.0 feet
Any side adjacent toa single-family residence ....
25.0 feet
Maximum building height:
Stories ....2
Feet ....25.0 feet
Maximum building coverage (%)....75
Maximum impervious coverage (%)....85
(Ord.No.1-97-1622,§1,2-18-97)
20-9.8 Parking regulations.
Buildings erected,converted,enlarged,reconstructed,moved
or structurally altered shall conform tothe off-street parking
requirements in Section 20-4.4.
(Ord.No.1-97-1622,§1,2-18-97)
20-9.9 Signage regulations.
The provisions of Section 20-4.3 shall apply;and all
propertiesintheCommunityServiceoverlayzoningdistrictshall
bepermittedsignageassetforthundersubsection20-4.3 (I)(5).
(Ord.No.1-97-1622,§1,2-18-97)
20-9.10 Supplemental regulations.
The provisions of Section 20-3.6 shall apply;and all
propertiesintheCommunityServiceoverlayzoningdistrictshall
be evaluated under the provisions of Section 20-3.6 as though the
propertieswereexclusivelyusedfor single-family residential
purposes.Thepurposeofthisistoprovideforvisual uniformity
with the surrounding single-family residential neighborhood.
(Ord.No.1-97-1622,§1,2-18-97)
ARTICLE X.SITING REGULATIONS FOR TELECOMMUNICATION TOWERS AND
ANTENNAS
20-10.1 Intent.