Ord. No. 05-01-1736ORDINANCE NO.5-01-1736
ANORDINANCEOFTHE MAYOR AND CITY COMMISSION OFTHE CITY OF
SOUTH MIAMI,FLORIDA,RELATINGTO PERMITTED USES;AMENDING
CHAPTER 20OFTHE CITY OFSOUTH MIAMI LAND DEVELOPMENT CODE,
BYREVISINGSECTION203.3(D)ENTITLED,"PERMITTEDUSE SCHEDULE,"
INORDERTOADD MORTGAGE BANKING/MORTGAGE BROKERAGE ASA
PERMITTED USEINTHE "GR",GENERAL RETAIL USE DISTRICT;
PROVIDINGFOR SEVERABILITY,ORDINANCESIN CONFLICT,AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,application No.PB-00-020 was submitted to the Planning and Zoning Department by
Commercial Capital SF Corp.,said application requesting that Section 20-3.3(D),Permitted Use
Schedule of the City's Land Development Code be amended to include mortgage banker as a permitted
useinthe"GR",GeneralRetailUseDistrict;and
WHEREAS,after review and consideration,the Planning and Zoning Department has recommended
amending Section 20-3.3(D)"Permitted Use Schedule,"to permit mortgage banker as a permitted use in
the"GR",GeneralRetailUseDistrict;and
WHEREAS,on December 12,2000,after Public Hearing regarding the proposed amendment to
Section 20-3.3(D)of the Land Development Code,the Planning Board added the wording "mortgage
brokerage"to the amendment and then voted 7-0 to recommend approval of the amended application;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 20-3.3(D),entitled,"Permitted Uses,"of the South Miami Land Development
Codeisherebyamendedtoreadas follows:
Section20-3.3(D)-Permitted UseSchedule
ZONING DISTRICT
R L M N S G T T T T T H P P C P
O O O R R R O
D
O
D
O
D
O
D
O
D
I R O
N
A
R
USE TYPE D
M
U
4
D
M
U
5
D
L
I
4
D
P
I
D
P
R
D K
BUSINESS AND PROFESSIONAL SERVICES
BankorSavingsInstitutions.Mortgage
banking/mortgagebrokerage
NOTE:Newwordingunderlined
11
Ord.No.5-01-1736
(2)
Section 2 All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
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 the remaining portions of this ordinance.
Section 5.This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this 6th
ATTEST:
mi<L&c£>
CITY CLERK
1st Reading-1/9/01
2nd Reading-2/6/01
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of February 2001
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Felieu
Commissioner Russell
Commissioner Bethel:
Commissioner :Wiscombe
D:\Comm Items\2001\2-6-01\LDC Amend -Mortgage GR Ordinanee.doc
.''?/.<
4-0
Yea
Yea
Out of room
Yea
Yea
Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,Vice Mayor H Date:February 6,2001
andCity Commission
From:Charles Scurr ]^>Re:Agenda Item _
City Manager y\LDC Amendment
Permitted Use-Mortgage Banking
to
REQUEST:
ANORDINANCEOFTHE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATINGTOA REQUEST TO AMEND LAND
DEVELOPMENT CODESECTION203.3(D)ENTITLED "PERMITTED USE
SCHEDULE"INORDERTOADDMORTGAGE BANKER ASAPERMITTEDUSEIN
THE"GR',GENERALRETAIL DISTRICT;PROVIDING FOR SEVERABILITY;
PROVIDING FORORDINANCESIN CONFLICT;ANDPROVIDINGANEFFECTIVE
DATE.
APPLICANTS REQUEST
The applicant,Commercial Capital SF Corp.,is requesting the City to amend the list of permitted
uses in the City's "GR",General Retail Use District to include "mortgage banker".The
application package submitted refers to a specific address,5820 Bird Rd.,as a site in the "GR"
district that the applicant wishes to acquire in order develop into a mortgage banker office.The
submitted application is a text amendment to the Land Development Code,Section 20-3.3(D)
Permitted Use Schedule and is not site specific.If the proposed amendment is approved,it would
be applicable to all properties located in GR zoning districts.
STAFF ANALYIS
(1)At present the GR zoning currently exists in only two locations,on Bird Road,west of SW
57th Ave.and on properties facing S.Dixie Highway from SW 74th Street to SW 80t Street.
These districts are characterized by a variety of retail service uses.Additionally,there are
existing banking institutions in both areas of the GR zoning district.It would appear that a
mortgage banker would be compatible with the uses currently located in and permitted in the
"GR"District.
PermittedUse-Mortgage Banking
Commission Meeting:February 6,2001
Page2 of3
(2)The City's Permitted Use Schedule (Section 20-3.3 (D))isa listing of what uses are
permitted in each of the City's 26 zoning use districts.In the GR zoning use district there are
currently 76 separate permitted and special uses allowed (see Attachment,Uses Permitted in
GR).
3)The City's Zoning Task Force is currently considering the consolidation of the approximate
200 separate uses listed in the Code's Permitted Use Schedule.The objective of this
consolidation istomakethis section oftheCodemoreuser friendly and understandable,andto
eliminate a number of ambiguities as to why very similar uses are allowed in one commercial
district but not in another commercial district.The consolidation would result ina very limited
number of general categories,including two categories entitled "Office,business/professional,
clerical,research"and "Retail sales/rental of goods,merchandise,equipment;consumer
services".Part of the proposal would allow all of the uses in both of these categories to be
permitted uses in the City's"GR',zoning district
4)Based upon observations in the field ofthe City's GR zoning districts,and on the current work
of the Zoning Task Force,it would be appropriate to amend the LDC Permitted Use Schedule to
add mortgage banking and mortgage brokerage to the existing category,"Banks and Savings
Institutions",andtoallowthoseusesintheGRdistrict.
SPECIFIC AMENDMENT
The specific amendment to the Land Development Code would be as follows:
Section 20-3.3(D)-Permitted Use Schedule
USE TYPE
ZONING DISTRICT
R L M N SG T T T TT H P P C P
0 0 0 R R R 0
D
D
M
U
4
0
D
D
M
U
5
O
D
D
L
I
4
0
D
D
P
I
0
D
D
P
R
I R 0
N
D
A
R
K
BUSINESS AND PROFESSIONAL SERVICES
BankorSavingsInstitutions.Mortgage
banking/mortgage brokerage
NOTE:New wordingunderlined
11
Permitted Use-Mortgage Banking
Commission Meeting:February6,2001
Page3 of3
PLANNING BOARD RECOMMENDATION
The Planning Board,at its December 12,2000 meeting,approved the proposed amendment by a
vote of 7-0.During the discussion Board members recommended that the amendment include
both "mortgage banker"and "mortgage broker".
Additionally,the amendment originally had included "financial institutions",in an attempt to
broaden the permitted uses to include other similar uses.However,the Board expressed concern
that certain types of businesses,which might somehow fall under this broader category but not
be compatible with the surrounding zoning district,such as check cashing stores or pawnshops,
shouldnotbepermitted.
Therefore,the proposed ordinance is limited to the original request,and does not substitute
"financial"for the word "savings",as originally presented to the Board.The issue of permitted
uses under this category will be taken up by the permitted use subcommittee ofthe Zoning Task
Force,as referenced above.When the overall revisions to the permitted use schedule are
proposed,it is expected that incompatible uses such as pawnshops and check cashing stores will
bedefinedandappropriatelylimited.
RECOMMENDATION:
The subject ordinance was approved on first reading at the City Commission meeting of
January 9,2001.
Itis recommended that the request to amend the Permitted Use Schedule to permit mortgage
banking and mortgage brokerage in the GR zoning district shown above and in attached
ordinance be adopted onsecond reading.
Attachments:
Uses Permitted in GR
Draft Ordinance
Application
Letter of Intent
Public notices
PlanningBoardMinutes,12/12/00
5/SB/RGL/SAY-*r#CDS/
D:\Comm Items\2001\2-6-01\LDC Amend Mortgage GR report.doc
'f"
PERMITTED USES IN "GR"DISTRIPT
Planned Unit Development Residential Uses (S)
Museum,Library orArt Gallery
Park or Playground,Public
Animal Hospital or Veterinarian (S)
Beauty orBarberShop
Bowling Alley orSkatingRink(S)
CounselingServices
Computer Supplies &Services
DryCleaningSubstation(no processing)
DryCleaningPlant(S)
Mail &Parcel Center
Message Therapist
Mobile Automobile Wash/Wax Service
Personal Skills Instruction Studio
QuickPrinting
Watchand Clock Sales&Repair
VideoTape Rental Store
AirConditioningSales&Services
AntiqueorCurioShop
Automobile Accessories &Parts (S)
Automobile Dealer (S)
Bait&TackleShop
Bakery
Bicycle Sales&Services
BoatDealer (S)
Book or Stationery Store
Business Machine Sales &Services
Camera&Photo Supply Store
CarpetingorFlooringSales
Clothingor Apparel Store(new only)
Confectionery orIce Cream Parlor
Consumer Electronics or Music Store
Cosmetics Store
DairyProductsStore
Deli
Department orDry Goods Store
DrinkingPlace
Drug,Pharmacyor Sundry Store
Fabric orDraperyShop
Florist
Gasoline Service Station (S)
GroceryStore(over4,000 sf gfa)
Gift,Novelty or Souvenir Shop
Glass and Mirror Sales &Services
Hardware Store
Hobby,ToyorGameShop
Household Appliance Store
HomeFurnitureorFurnishingsStore
JewelryStore
Lawn&Garden Supplies
Lawnmower Sales &Services
Luggageor Leather Goods Store
LightingFixturesStore
LiquorStore
MotorcycleDealer(S)
Newsstand
OfficeSupplies
Paint Glass &Wallpaper Store
PetSalesor Grooming Services
Plant NurseryorGreenhouse
PlumbingShop
Poultry,Meator Seafood Market
Recreational Vehicle Dealer(S)
Restaurant,Convenience (S)
Restaurant,General (S)
Sewing,Needlework or Piece Goods Store
Shoe Store
Sporting GoodsStore
TobaccoShop
UsedMerchandiseStore:Antiques
UsedMerchandiseStore:Consignment Goods(S)
Used Merchandise Store:Secondhand Goods(S)
Variety Store
Radio&TV BroadcastingStation
Bus,Transit or Taxi Terminal
ParkingLot,Commercial
Banking Mortgage Services,Corr
:V1 ()K 1"C
November 9th,2000
CityofSouthMiami
6130 Sunset Drive
South Miami,Florida 33143
Attn.:Mr.Sandy Youkilis
DearMr.Youkilis:
I t
I r-r~r
f\.LJ u i J:.
NOV 1 4 2G0G
t&
•••4
Attached please find our request for an Amendment to include Mortgage Banker,
General Office in the Permitted use list.
Our Company has purchasedtheproperty subject tothisamendment.OurFirmhas
been established for the last 14 years in the Coral Gables Area,catering to the financial
needs of Developers as well as toFirst Time home Buyers.Thisnew location makes it
extremely convenient for us since we live two blocks away,we can actually walk to
the office.
By permitting this text amendment,it would be appropriate and compatible with
other uses in this category;immediate West you will find,notonly Banks and Loan
Institutions but Offices as well.
We would like the Board to consider our petition and grant us this change;allow us
the opportunity to occupy thisproperty being able to earn our livelihood.
Waiting tohearfromyou,
Sjncerely,
Hr-.Arturo J.Abascal
999 Po,\ce Dl Llon Boulevard,Suite705,Cokal Cables,Florida3 51.34.Tti.305.445.9003 Fax 305.445,8022 E-mau 4bms^bellsouth.nct
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARINGS
AMENDMENTS TO LAND DEVELOPMENT CODE
NOTICE IS HEREBY given that the City Commission of the City of South Miami will conduct Public Hearinas
en the following proposed ordinances amending the City's Land Development ."
1)AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CrTY OF SOUTH MIAMI FLORIDA
RELATING TO AREQUEST 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 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 OVERLA*
DISTRICT;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES INCONFUC?AND PROVIDING
AN EFFECTIVE DATE.
ITEM NO.1
LOCATION MAP;RS-4 TO RS-4 (CS-OV)
ffiS«M
\WKZC^7.
2)AN OROINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI.FLORIDA
RELATING TO PERMITTED USES;AMENDING CHAPTER 20 OF THE CITY OF SOUTH JvllAMi LAND
DEVELOPMENT CODE,BY REVISING SECTION 20-3.3 (D)ENTITLED,"PERMITTED USE SCHEDULE "IN
ORDER TO ADO MORTGAGE BANKING /MORTGAGE BROKERAGE AS A PERMITTED USE IN THE "GR"
GENERAL RETAIL USE DISTRICT;PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT AND
PROVIDING AN EFFECTIVE DATE.
3)AM ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI FLORIDA
RELATING TO THE LAND DEVELOPMENT CODE,SPECIFICALLY REGULATIONS DEALING WITH PROVISIONS
THAT ALLOW FOR .THE REDUCTION OF REQUIRED OFF STREET PARKING BY AMENDING ORDINANCE NO
8-99-1632 IN ORDER TO CONTINUE FOR AN ADDITIONAL NINE (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.
Public hearings on the above-proposed ordinances will be conducted during regular meetings of the South
Miami City Commission scheduledfor
Tuesday,January 9,2001 at7:30 PM -1st Reading
Tuesday,February 6,2001 at 7:30 PM -2nd Reading and Adoption
The meetings will be held in the City Commission Chambers,South Miami City Hail,6130 Sunset Drive,
South Miami,Florida,33143.All interested persons are invited to attend and will be heard.Copies of the
subject ordinances are available for review in the City's Planning Department,which islocated on the 2nd
floor of the South Miami City Hall,6130 Sunset Drive.Inquiries concerning these items may be directed to
the Planning Department at 305-663-6326.
Pursuant to Florida Statute 286.0105,the City hereby advises the public that if aperson decides to appeal
any decision made by this Board.Agency or Commission with respect to any matter considered at its
meeting or hearing,he or she will need a record of the proceedings,and that for such purpose,affected
person may need to ensgre that a verbatim record ofthe proceedings is made which record includes the
testimony and evidence upon which the appeal istobe based.
ffw
CO
ITEM:PB-00-020
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday,December 12,2000
City Commission Chambers
7:30 P.M.
Applicant:Commercial CapitalSF Corp.
Request:AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TOA
REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20-
3.3(D)ENTITLED "PERMITTED USE SCHEDULE"IN ORDER TO
ADD MORTGAGE BANKER AS A PERMITTED USEINTHE "GR,"
GENERALRETAILDISTRICT;PROVIDINGFORSEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING
AN EFFECTIVE DATE.
Action:Mr.Liddyreadtherequestintotherecord.
Staff elaborated on "GR"uses.
Publicspeaker:ArturoAbascal of BankingMortgageServices.
Motion:Mr.Illas moved approval of the application with condition:to modify title
toread:"Mortgage banking/Mortgage brokerage"as opposed to "Mortgage banking."Ms.
Chamilis,Ms.Gibson and Mr.Comendeiro seconded the motion.
Vote:Approved7 Opposed 0
City of South Miami
Planning &Zoning Departm t
CityHall,6130 Sufwet Drive,SouthMiami,Florida 33143
Telephone:(305)663-6327;Fax:(305)666-4591
Application For PublicHearingBeforePlanningBoard &City Commission
__Subdivision CTEjgjEZftQiO 1AddressofSubjectProperty:.*-^Lot(a)n£VL Block
pb ~zn-3_Meets abounds:""^bUt)CPj C^l/^O^S 0Q$Q f*K<\n&.t^L3
Applicant CiiMANfeae>VV\CA>r°rr?H S<F:£ii£^Phone:-^j-^9 -^T^VS
Representative:Aeruv2o A^SrlA^OrganfcaUon:-r^tCW*(^^^B fcft
Address:qqq ^ML^tA-t^ioJ^W 0 ^^Phon8:-^.c-MCqA„-
Property Owner:^^^TfMAeAOfv
MailingAddress:^*2-^^^fe*G^A
Signature:
lufe4SuO k~)D€.rvuAftU -B-3IIH3.
Architect/Engineer._.__.k _,Phone:£05 AAA-64^_
AS THE APPLICANT.PLEASE INDICATE YC^JR RELATIONSHIP TO THIS PROJECT?
_Qwner ^Owner's Representative ^Contract to purchase Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
PLEASE CHECK THE APPROPRIATE ITEM:
yText Amendment to LDC
Comprehensive Plan
PUDApproval
PUDMajor Change
V&
Variance
Spedal Use
Rezoning
Spedal Exception
Other
Briefly explain application and cite specific Code sections:
SELEirCv ti^-AVtt ixi&fo ttfT To XnCiK)Ofe.*^MortXtp^e
«i^.ajnOrvsQ-rrV CHQOfej-e.^r^-orVS &-«£•"T*NO
Section:Subsection:Page Amended Dale:
SUBMITTED MATERIALS
PLEASE CHECK ALL THAT APPLY;
J^Letter ofintent
^Justifications for change
Statement of hardship
^Prcof of ownership or letter from owner
V Powerof aUomay
y£Contract to purchase
Current survey (1original sealed and
signed/1 reduced copy @li'x 1T)
7 copies of Site Plan and Floor Plans
1 reduced copy @ 1V x17*•
20%Property owner signatures
Mailing labels (3 sets)and map
^Required Fee(s)
The undersigned has read this completedapplicationand represents char the information andall gubmined materials aretrue and
cQWct to the best of the appneant's knowledge and belief
^/W^nkM.^wf
Applicant's Signature and title Date
UP°?r??eiPt»applications md all submitted materials will be reviewed for comoliancc with the Land Development Code and other
applicable regulations-Applicationsfoundnotoncompliance willberejected and"returned totheapplicant.
OFFICE USE ONLY:
Date Filed
Petition Required
Method of Payment,
Dale or PB Hearing,
Petition Accepted
Date of Commission