Ord. No. 08-01-1739ORDINANCE NO.8-01-1739
AN ORDINANCE OFTHEMAYOR AND CITY COMMISSION OFTHECITYOF
SOUTH MIAMI,FLORIDA,RELATING TO PERMITTED USES;AMENDING
CHAPTER20OFTHECITYOF SOUTH MIAMILAND DEVELOPMENT CODE,
BYREVISING SECTION 20-3.3(D)ENTITLED,"PERMITTED USE SCHEDULE"
TOREMOVEGASOLINE SERVICE STATIONSASASPECIALUSEINTHE
«NR",NEIGHBORHOOD RETAIL ZONING DISTRICT;PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT,AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,the Planning and Zoning Department and the Planning Board have initiated a
program to update,clarify,and improve the provisions of the City's Land Development Code;
and
WHEREAS,the South Miami Comprehensive Plan states that the City should preserve and
enhance the quality of life in existing single-family residential neighborhoods and should
eliminate uses inconsistent with community character(Land Use Element,Goal 1,Objective 1.1);
and
WHEREAS,after review and consideration,the Planning and Zoning Department has
determined that allowing gasoline service stations within neighborhood oriented zoning districts
is inconsistent with theCity's Comprehensive Plan and an appropriate amendment tothe Land
DevelopmentCodeshouldbeprepared;and
WHEREAS,a specific amendment to Section 20-3.3(D)ofthe Land Development Code has
been prepared in order to remove gasoline service stations asa special use inthe'NR'
Neighborhood RetailZoningDistrict;and
WHEREAS,atits April 25,2000 meeting after a public hearing regarding the proposed
amendment toSection 20-3.3(D)oftheLand Development Code,thePlanningBoardvoted 4-1
to recommend totheCity Commission thatthe ordinance be referred tothe Zoning Task Force
for further consideration,and
WHEREAS,theCity Commission desires toenactthe aforesaid amendment.
NOW,THEREFORE,BEIT ORDAINED BY THEMAYORANDTHECITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1 Section 20-3.3(D),entitled,"Permitted Uses,"oftheSouthMiamiLand
DevelopmentCodeisherebyamendedtoread:
Ord No.8-01-1739
(2)
Section 20-3.3(D)Permitted Use Schedule
ZONING DISTRICT
R L M N S G T1 T 1 1 H P P L P
00 O R R R O
D
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D
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D
O
D
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I R 0
N
A
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USE TYPE D
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4
D
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5
D
L
I
4
D
P
I
D
P
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D K
RETAIL AND WHOLESALE TRADE
Gasoline Service Station S
Section 2If 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
affectthevalidityofthe remaining portions ofthis ordinance.
Section .3 All ordinances or parts of ordinances in conflict with the provisions
of this ordinance are hereby repealed.
Section4Thisordinanceshallbeeffectiveimmediatelyafteradoptionhereof.
ATTEST:
PASSEDANDADOPTEDthis 6th day of March 2001
APPROVED:
4*£Z£>
CITY CLERK
READ AND APPROVED AS TO FORM:
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CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
NOTE:New wording underlined;wording tobe removed indicated by strike-through
D:\Comm Items\2001\3-6-01\LDC Amend -NR Ord..doc
YsZz?-
5-0
Yea
Yea
Yea
Yea
Yea
11
Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,Vice Mayor
andCity Commission
From:Charles D.Scurr
City Manager J
Crfri
Date:March 6,2001
Re:Agenda Item #?
LDC Amendment:
Permitted Use in NR District
REQUEST:
AN ORDINANCE 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 MIAMI LAND DEVELOPMENT CODE,
BY REVISING SECTION 20-3.3(D)ENTITLED,"PERMITTED USE SCHEDULE"
TO REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN THE
"NR",NEIGHBORHOOD RETAIL ZONING DISTRICT;PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT,AND PROVIDING AN
EFFECTIVE DATE.
BACKGROUND AND ANALYSIS
Theattachedordinance,whichwaspreviouslyadoptedbytheCommission,amendsthe City's
PermittedUseSchedule.Therevisionisinresponsetoconcernsthatgasolineservicestationsare
nota compatible useeither within or adjacent to residential neighborhoods.TheCity'sLand
Development Code currently allows service stations asa special use (requires public hearing and
adherence to special conditions)inthe neighborhood and general retail districts.Based upon the
goals and objectives oftheCity's Comprehensive Plan pertaining tothe preservation of single-
family residential neighborhoods andthe elimination of uses inconsistent with community
character,itwouldbe appropriate to amend theLand Development Codetoremove gasoline
service stationsasaspecialuseinthe"NR"Neighborhood Retail District.Itisimportanttonote
thatthe proposed amendment willnot immediately impact existing service stations,however;
stationslocatedinan "NR"districtwouldbecomenonconformingusesandwill,inthefuture,be
subjecttothe regulations governing nonconforming uses.
A proposed ordinance removing gasoline service stations asa special useinthe"NR"zoning
district was presented totheCity Commission atits March 21,2000 meeting atwhichtimethe
Commission adopted the ordinance onfirst reading without advertisement orapublic hearing.
TheitemwasthenreferredtothePlanningBoard.ThePlanningBoardatitsApril25,2000
meeting conducted a public hearing,andbya vote of 4-1 recommended thatthe ordinance be
LDCAmendment -Community Service Overlay
Commission Meeting:March6,2001
Page2 of2
referred to the newly created Zoning Task Force for consideration.The City Commission did
not opt for the recommendation to refer the matter to the Zoning Task Force;rather,the subject
ordinance went before the Commission at its May 16,2000 meeting,at which time the
Commission held a public hearing and adopted the ordinance on second reading.
REASONS FOR RE-ADOPTION
Subsequent to the May 16th meeting,City staff determined that the ordinance adoption process
might not have been in accord with Florida statutes governing zoning amendments which modify
a Land Development Code permitted use schedule.Florida Statute 161.041(3)(c )2a and 2b
generally require certain procedures to be followed only for ordinances that change the zoning
map or the uses permitted in a zoning district.The regulations require two public hearings each
advertised in accordance with instructions listed inthe statute.Inorderto strictly comply with
the ordinance adoption procedures for this type of amendment itis recommended that the
proposed ordinance be subject to public hearings and re-adoption at this time.
RECOMMENDATION:
The subject ordinance was approved on first reading at the City Commission meeting on January
16,2001.At the request of the City Attorney the second reading of the ordinance was deferred
fromtheCommissionmeeting of February 6,2001 toMarch 6,2001.
The proposed text amendment will eliminate a use that is inconsistent with the policies of the
Comprehensive Plan and will protect the character of residential areas in the future.It is
recommended that the ordinance be adopted onsecond reading.
Attachment:
Proposed Ordinance
Public notice
PlanningBoardMinutes,4/25/00
BB/RGOSAY *CDS/
D:\Comm Items\2001\3-6-01\LDC Amend -NR Gas Stations.doc
CITY OF SOUTH MIAMI
NOTICEOFPUBLIC HEARING
AMENDMENTTO LAND
DEVELOPMENT CODE
NOTICEISHEREBYgiventhattheCity
Commission oftheCityof South Miami will
conduct a Second Reading Public Hearing on the
following proposed ordinance amending theCity's
Land Development:
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,RELATINGTO PERMITTED
USES;AMENDING CHAPTER 20 OF
THE CITY OF SOUTH MIAMI LAND
DEVELOPMENT CODE,BY REVISING
SECTION20-3.3(D)ENTITLED,"PERMITTED
USE SCHEDULE"TO REMOVE GASOLINE
SERVICE STATIONS ASA SPECIAL USE
IN THE "NR",NEIGHBORHOOD RETAIL
ZONING DISTRICT;PROVIDING FOR
SEVERABILITY,ORDINANCES IN CONFLICT,
AND PROVIDING AN EFFECTIVE DATE.
The second reading public hearing on the above-
proposedordinance will beconductedduringa
regularmeetingoftheSouth Miami City
Commission scheduled for:
Tuesday,March6,2001at 7:30 PM
Themeeting will beheldintheCity Commission
Chambers,South MiamiCityHall,6130 Sunset
Drive,South Miami,Florida 33143.All interested
personsare invited toattendand will beheard.
Copiesofthesubjectordinanceis available for
reviewintheCity'sPlanning Department whichis
located on the 2nd floor of the South Miami City
Hall,6130 Sunset Drive.Inquiries concerning this
itemmaybe directed tothe Planning Department
at 305-663-6326.
Ronetta Taylor,CMC
City Clerk
City of South Miami
Pursuant to Florida Statutes 286.0105,the City
hereby advises the public thatifaperson decides
to appeal anydecision made bythisBoard,
AgencyorCommission with respect toanymatter
considered atits meeting or hearing,heor she
will need a record ofthe proceedings,and that for
such purpose,affected person may need to
ensure that a verbatim record ofthe proceedings
is made,which record includes the testimony and
evidence upon which the appeal is tobe,.based.'.
CO
^4
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting
Action Summary Minutes
Tuesday,April 25,2000
City Commission Chambers
7:30 P.M.
I.CalltoOrderandthe Pledge of Allegiance tothe Flag
Action:Mr.Morton,Chair,called the meeting to order at 7:35 p.m.and the Pledge of
Allegiancewasrecited.
II.Roll Call
Action:Mr.Mortonperformedrollcall.
Boardmemberspresentconstitutingaquorum
Mr.Morton,Ms.Gibson,Ms.Chimelis,Mr.Illas,Mr.Lefley
Board members absent
Mr.Cooper,Mr.Mann
City staff present
Subrata Basu (ACM/Planning Director);Sandy Youkilis (Temporary Planning Staff);
David Struder (Board Secretary)
Action:Mr.Basuheldopeningremarks.
The Board andstaff discussed the lobbyist ordinance recently passed by theCity
Commission.Board and staffconcerns included,but were not limited to,the following:
enforcement ofthe ordinance;reasons for the ordinance;scope and impact ofthe
ordinance;and payment of fees as required bythe ordinance.
The Board asked that the Mayor,Vice-Mayor,ora Commissioner attend a future Planning
Board meeting during which the ordinance may be further considered.
III.Public Hearings
PB MINS 04-25-00
ITEM:PB-00-009 (deferred from 4-11-00 meeting)
Applicant:Mayor and City Commission
Request:
AN ORDINANCE 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 MIAMI LAND DEVELOPMENT CODE,BY REVISING
SECTION 20-3.3(D)ENTITLED,"PERMITTED USE SCHEDULE"TO
REMOVE GASOLINE SERVICE STATIONS AS A SPECIAL USE IN
THE "NR",NEIGHBORHOOD RETAIL ZONING DISTRICT;
PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT,
AND PROVIDING ANEFFECTIVEDATE.
Action:Mr.Illas read the request into the record and staff introduced the item.
Public speakers:Ms.Doris Hall;Mr.David Tucker,Sr.;Ms.Yvonne Beckman
The Board and staffdiscussed the item.Specifics related by the Board and/or staff
included,but were not limited to,the following:appropriateness of gasoline service
stations in the NR zoning district;possible limited use of gasoline service stations in NR,
such as without automobile repair;impact of the ordinance upon certain property zoned
NR,specifically located at SW 62 Avenue and 64 Street;current non-conforming uses in
the NR zoning district;and uses currently permitted in the NR zoning district.
Motion:Mr.Lefley moved approval that the matter be referred to the Zoning Task Force
for consideration.Mr.Morton secondedthemotion.
Vote:Approved 4 Opposed 1 (Mr.Illas)
IV.Discussion Items
No discussion itemswere scheduled atmeetingtime.
V.Approval of Minutes
Action:The Board duly voted on and approved the minutes of April 11,2000,as
submitted.
Vote:Approved5Opposed0
VI.Remarks/Discussion
Action:The Board andstaff discussed such concerns as making PB information packets
more complete;exercising more control over PB applicants who appear at meetings;and
PB member(s)attending City Commission meetings for consideration of Board items.
PB MINS 04-25-00 :
Action:TheBoardandstaff further discussed the lobbyist ordinance.
Motion:Mr.Morton moved approval that the City Attorney be present at the next PB
meeting in order to discuss the new ordinance.Ms.Chimelis seconded the motion.
Vote:Approved 5 Opposed 0
VI.Adjournment
Action:Mr.Morton adjourned themeetingat9:30p.m.
PB MINS 04-25-00