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Ord. No. 25-01-1756ORDINANCE NO.25-01-1756 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI,FLORIDA RELATING TO ANAMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,BY REVISING SECTION 20-3.3(D) ENTITLED "PERMITTED USE SCHEDULE ",SECTION 20-8.5 ENTITLED "COMMERCIAL USE",AND SECTION 20-8.7 ENTITLED "LIGHT INDUSTRIAL USE",IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD- (LI-4)"TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL-4) ZONING DISTRICT;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,thePlanningandZoning Department in conjunction withtheZoningTaskForce has initiated aprogramto update,clarify,and improve the provisions oftheCity'sLand Development Code;and WHEREAS,in1997theCityadoptedan amendment Section20-8 of theLand development Code which established anew zoning district entitled 'TODD",Transit Oriented Development District; and WHEREAS,asectionoftheTODD regulations containsa description of theuses allowed withinTODD commercial areasanda reference tocertainlightindustrialuseswhichwouldnotbe allowed,however,the regulations didnot provide that these industrial uses could continue tobe located in thenew industrial zone,now called the TODD-(LI-4);and WHEREAS,this oversight has effectively eliminated a number oflight industrial uses from locatinginanyzoningdistrictwithintheCity;and WHEREAS,these eliminated uses,priortothe 1997 TODD Ordinance,were previously listed as permitted uses inthe same industrial areaand some of these uses are currently existing ,resulting ina severe hardship for property owners and business owners who want to expand,renovate or renew their licenses and certificates of use.;and WHEREAS,baseduponthe hardships involved andthefactthatthisisa technical correction,the Planning and Zoning Department andthe Zoning TaskForcehave recommended thattheLDCbe amended bythe initiation ofan ordinance specifically amending the TODDregulationsandthePermittedUseSchedule;and WHEREAS,theCity Commission atitsJuly24,2001meetingadoptedResolutionNo.105- 01-11253 directing the preparation and consideration ofan appropriate amendment totheLand DevelopmentCode;and WHEREAS,onAugust14,2001,afterPublicHearing regarding theproposed amendments to Section20-3.3(D),Section20-8.5,andSection20-8.7 of theLand Development Code,thePlanning Boardadopteda motion byavote of 4ayesand3nays recommending approvalofthe proposed amendment;and (2) WHEREAS,based upon discussions held after the first reading,the subject ordinance has been modified to indicate that the eliminated uses would be listed in the Permitted Use Schedule as (S)Special Uses. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSIONOFTHECITYOFSOUTHMIAMI,FLORIDA: Section 1 Section 20-3.3(D),entitled,"Permitted Uses,"of the South Miami Land Development Code is hereby amended to read : Section20-3.3(D)Permitted Use Schedule USE TYPE R O BUSINESS AND PROFESSIONAL SERVICES Automobile rental agency Automobilerepair&Bodyshop Automobileupholsteryandtopshop Automobile washing/detailing operations Billiard parlor Carpetcleaningservice Lawn maintenance services Radioand television repairshop Re-upholstery andfurniturerepairservices Taxidermist Pest control services Contractor plantandstorage M O N R ZONING DISTRICT G R T O D D M U 4 T O D D M U 5 T O D D L I 4 T O D D P I T O D D P R H C O N D 10 P A R K 11 11 TT ll 11 ll TT "TT 12 ll TT 14" (3) RETAIL AND WHOLESALE TRADE Used Merchandise Store:Vehicle Parts Section2 Section20-8.5,entitled"(TODD)Commercial use"of theSouthMiamiLand Development Codeishereby amended toread: 20-8.5 Commercial use. The following classifications,uses,and corresponding parking requirements shall be permitted with the T.O.D.D.: (A)Storefront uses,as indicated in section 20-7.12. (B)Office uses,as indicated in section 20-7.12 and all uses in the Business and Professional Services Group as indicated in section 20-3.3,except the following uses shall notbe permitted: )n20 3.3. _L3.Bowling alleyor skating rink. Section 3 Section 20-8.7,entitled "(TODD)Light industrial use"ofthe South Miami Land Development Code is hereby amended to read : 20-8.7 Light industrial use. The following uses are permitted in this category along with the required parking: (A)All retail and wholesale trade uses as indicated in section 20-3.3,except the following uses: (1)Automobiledealers. (2)Boatdealers. (3)Gasolineservice stations. (4)Recreational vehicledealer. (5)Conveniencestore. (B)Manufacturing and intensive uses,as indicated in section 20-3.3. (C)Special conditions.Industrial uses are limited to the first floor only,but no higher than 20 feet. 611 (4) Section4Ifany section,clause,sentence,orphraseofthisordinanceisforany reason heldinvalidor unconstitutional byacourtof competent jurisdiction,thisholdingshallnot affectthevalidity of theremainingportionsofthisordinance. Section.5 All ordinances orpartsof ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 6This ordinance shallbe effective immediately after adoption hereof. ATTEST: **j2[aj CITY CLERK PASSED AND ADOPTED this 2nd day pfOctober 2001 APPROVED: MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE:4-0 Mayor Robaina:Yea YeaViceMayorFeliu: Commissioner Russell:Yea Commissioner Bethel:Yea Commissioner Wiscombe:out of room CITY ATTORNEY NOTE:New wording underlined;wording to be removed indicated by strike-through South Miami ••••• All-America City uuir 2001 Excellence,Integrity,Inclusion _MEMORANDUM To:Honorable Mayor,Vice Mayor &Date:October 2,2001 and City Commission /O From:Charles D.Scurr /)/]///£^7CityManager//^fe,^ RE:Agenda Item #_ LDC Text Amendment TODD LI-4 Uses jl§ Request:ANORDINANCEOFTHE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI,FLORIDA RELATING TO ANAMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,BY REVISING SECTION 20-2.3 ENTITLED "PERMITTED USE SCHEDULE ",SECTION 20-8.5 ENTITLED "COMMERCIAL USE",AND SECTION 20-8.7 ENTITLED "LIGHT INDUSTRIAL USE",IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES INTHE «TODD-(LI-4)"TRANSIT ORIENTEDDEVELOPMENT DISTRICT (LIGHT INDUSTRIAL-4)ZONING DISTRICT; PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. BACKGROUND &ANALYSIS The City Commission at its July 24,2001 meeting adopted Resolution No.105-01-11253 requesting the Planning Board to consider amending the LDC in order to reinstate certain light industrial uses as permitted uses in the TODD (Light Industrial -4)zoning district. In 1997 the City adopted an amendment Section 20-8 of the Land development Code which established a new zoning district entitled TODD,Transit Oriented Development District .The TODD also replaced the T,Industrial zoning district.A section of new regulations contains a description of the commercial uses which would be allowed within the TODD and a reference to 13 light industrial type uses which would not be allowed.Unfortunately the legislation adopted at that time did not provide that these uses could continue tobe located inthe new industrial zone,now called the TODD-(LI-4).This oversight has effectively eliminated a number of light industrial uses from locating in any zoning district within the City. LDC Amendment TODD Permitted Uses October 2,2001 (3) KFrOMMENDATION .,.*..,.aItisrecommendedthattheattacheddraftsecondreadingordinance,as modified,be approved. Attachments Draftordinance Resolution No.105-01-11253 Public notices Planning Board Minutes,8-14-01 CS/RGL/SAY D:\Comm Items\2001\l0-2-0I\LDC Amend-TODDLI4 reportdoc / C" RESOLUTION NO.105-01-11 253 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,INITIATING AN AMENDMENT TO THE LAND DEVELOPMENT CODE PROVIDING FOR TECHNICAL CORRECTIONS TO TODD ZONING DISTRICT AND THE PERMITTED USE SCHEDULE;PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,in 1997 theCityadoptedanamendmentSection20-8 of theLanddevelopment Codewhich established anewzoning district entitled "TODD".Transit Oriented Development District;and WHEREAS,asectionoftheTODDregulationscontainsadescription of thecommercial useswhichwouldbeallowedwithinthe TODD andareferenceto 13 light industrial typeuses whichwouldnotbe allowed,howeverthe regulations didnotprovidethattheseusescouldcontinue tobe located in the new industrial zone,now called the TODD-(LM):and WHEREAS,this oversight haseffectivelyeliminatedanumberoflightindustrialuses from locatinginany zoning districtwithintheCity;and WHEREAS,theseeliminated uses,prior tothe 1997 TODD Ordinance,werepreviously listedas permitted usesinthesameindustrial area andsome of theseusesare currently existing. resultingina severe hardshipforpropertyownersandbusinessownerswhowantto expand, renovate or renew their licenses and certificates of use.;and WHEREAS,baseduponthe hardships involvedandthefactthat this isatechnical correction,itis recommended thattheLDCbe amended atthistimebythe initiation of an ordinance specifically amendingthissection of theTODDregulationsandthe Permitted Use Schedule. NOW,THEREFORE.BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA: Section I.Adraftordinance,amending theLand Development Code oftheCity of South Miami,in ordertomake certain technicalcorrectionstotheTODDzoningdistrictandtothePermittedUse Schedule,shallbepreparedbyCity staff and brought forwardtothePlanningBoardandtotheCity Commission for review and consideration. Section2.This resolution shalltakeeffect immediately uponapproval. PASSED AND ADOPTED this 24Ih dav of JuK.200i I"StcooQ. AO2: ••Was!liiiI§IH5!tlfi§!ii ;•3)45£J3c33! —mco=m>r)>==p ==3>oS_,So^ n>>H5rng >co3co-<zp mqCTornS52 -'i03S S-OnffiZ-i <<ornco_i_H 3 ^3Z(flT-n-n z3 2C5 230_3J«rfKco COcoCO(—<xoom-n-n ^rnr-SmQmm ETheHeraldTHURSDAY,SEPTEMBER20,2001 3i=l!.i!^oSli| -nmgfO"i> .o<:iZrn= 30- -—r. si, 355 lasagSi gls.s eg;" Eno=co <oo— *ao=Ot3"om 2.(03S <-io-rn 5°ro=CO .-*-2.-< ON a OCO5COCOCO> Iillil3il| —;rn—<cr.-o55Z o «S ig g5 °i x3 » 33 S*" a (A 30—JIT'S•>^ Z5SS--" oc,2£Oo2. •s-nsZ_o3 Sgpiogl ["CrSz-tSa 3^mtoco*-" 30omSz*•5 waorn^icr>Sz foE2S=izo «305riSO S?S=Ommtn Sto^'H^^ ST—zdE°2 5zeoo-n-n S=^i°52i 8??s8S^iSS5 Co—<3cr"3JZ zizi^sil^ ^*>£3>O^_j^ mar—o_.„,2mg>Q S^ornCOfnSo.zmx"=zJo_< 6)?_sO-l?l -oo zmx"s^o^c=oo ^*;Szz©252^ m=igga?gzo^ -n-z=°jfcfowSz: o?H^Szo 03coOmmN)mrn m^m==coj^h •nnTirru; 2.5'»SI 32»^ aton._. SP5T3 2."-lCO cr5'cof£. *"Z..too OCO01_ S.O-1-" 5"5-'O.cs gj|S. olgCO =oi 035- -r:o>omm-soo •t333D30OOS-n-n =3^3cos. cr2.w'CDS*.3 S=»= CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday,August 14,2001 City Commission Chambers 7:30 P.M. I.Call to Order and the Pledge of Allegiance to the Flag Action:The meeting wascalledtoorderat7:37P.M. Action:ThePledge of Allegiance wasrecitedinunison. II.Roll Call. Action:Mr.Morton performed rollcall.Ms.BrendaJ.Yateswassworninasa new- Planning Board member. Board members present constituting aquorum:Mr.Liddy,Mr.Mann,Mr.Illas, Mr.Morton,Ms.Gibson,Mr.Juan Comendeiro and Ms.Yates. City staff present:Subrata Basu(ACM),Richard G.Lorber (Planning Director),Sandy Youkilis,(Planning Consultant),BrianEdney (Video Technician)and Maria M.Menendez (Board Secretary). III.Public Hearings PB-01-012 APPLICANT:City of South Miami REQUEST:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITYOF SOUTH MIAMI,FLORIDA RELATING TOA REQUEST TO AMEND THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,BY REVISING SECTION 20-2.3 ENTITLED "DEFINITIONS"ANDSECTION20-3.4(20)ENTITLED "MOBILE AUTOMOBILE WASH/WAX SERVICE"IN ORDER TO PROVIDE FOR DEFINITIONS AND SPECIFIC STANDARDS FOR DIFFERENT TYPES OF MOBILE CAR WASH ACTIVITIES;PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. Action:Mr.MortonreadtherequestintotherecordandMr.Lorberpresentedtheitem notingthatthe adoption of theproposedordinancewouldallowtheexistingpermitteduse tobelocatedinseveral of theofficeandcommercialzoningdistricts,andintheSR SpecialtyRetail"Hometown"zoningdistrict. PlanningBoard Meeting August 14,2001 Speakers (Residents):DavidTucker,Sr.,DouglasAdamsandGeorgeDavid. TheBoardand staff discussedthe proposed ordinance.Severalspeakers expressed their opinionin opposition tocertainaspects of theproposedordinance. SeveralconcernswereraisedbytheBoardandthespeakersregardingtheproposed ordinance,mainlyrelatingtotheimpact of the mobile operation.The following aresome of theexpressedconcerns:runningsoapywaterout of theestablishmentsanddownthe streets;the impact onstormwaterfacilitiesresultinginafinancial burden onresidentsand businessowners of theCity;thedistancefromanadjacentresidentialzoningdistrict,(100- 200ft);the operational hoursanddays;introduction of transient population intothe neighborhood;thenoiseoriginatedbytheaircompressors;theoperationpossibly becomingan accessory tosmallbusinesses;ability of theCityto enforce theordinance; control over the different vendors in each establishment. TheBoard questioned whethertheordinancecouldself-destructafter one year.Staff explained thatan ordinance cannot "sunset",however,reconsideration of that section could beaccomplishedthroughproperzoningamendmentprocedure. TheBoardand staff discussed possible amendments totheproposedordinance(with regard tothe mobile vendors),which included:hoursofoperationfrom9:00AMto5:00 PM;twice aweek including Saturdays;Sundays prohibited;aclausetoclarifythatthe provisions of thisordinancewouldnotapplytoresidentialareas,however,carwash operations onlybeforthe benefit ofthe occupant ofthe property. Motion:Mr.Morton movedtodefertherequestinorderfor staff toreworkonthe proposed ordinanceasperthe discussions and suggestions expressed duringthis meeting. Mr.Comendeiro seconded the motion. Vote:Ayes7Nays0 PB-01-013 APPLICANT:Corporate Property Services (McDonald's Corporation) REQUEST:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,RELATING TOA REQUEST TOAMENDTHECITY OF SOUTH MIAMI LAND DEVELOPMENT CODE BY REVISING THE PERMITTED SIGN SCHEDULE CONTAINED WITHIN SECTION 20-4.3(I)(5)IN ORDER TO INCREASE THE MAXIMUM ALLOWABLE SIZE FOR A FREE STANDING MENU BOARD;PROVIDINGFOR SEVERABILITY;PROVIDINGFOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. Action:Mr.Ilias readthe request into the record and staff presented the item,explaining thepurpose of the proposed ordinanceistoincreasethe maximum allowable size of free standing menu board signs from 35 sq.ft.to 44 sq.Ft.Staff noted thatthe proposed PlanningBoardMeeting August 14,2001 changes will have a citywide impact.Staff clarified that the existing 7.5 feet in height wouldnotchange. Applicantpresent:DavidJ.Feiton,representing McDonald's Corporation. Speaker:DavidTucker,Sr.andDouglasAdams. The Board and staff discussed theproposed ordinance.The speakers expressedconcernas towhethertheincreaseinthesize of thesignwillresultinasimilarincreaseinthevolume ofthe speakers.The speakers also questioned the possibility ofadditionalincreaseinthe sizeofthesigninthe future.The applicant explained the importance of this ordinance which will allowthemto introduce an improved type of sign bearing allthe advantages of thelatest technology inthe field.The applicant also stated thatthenewsignwillnot have the volume of the speakers increased.The applicant noted thatthenewsignwill greatly improve communication in processing the drive-thru orders,reducing theneedforthe use of the loud speaker,andmakingtheentireprocessmuchmoreeffective. Motion:Mr.Mann moved for approval ofthe request andMs.Yatessecondedthe motion. Vote:Ayes5Nays2 (Mr.MannandMr.Illas) PB-01-014 APPLICANT:1909 Cafe,Inc. REQUEST:RESOLUTION OF THEMAYORANDCITY COMMISSION OFTHECITY OF SOUTH MIAMI,FLORIDA,RELATINGTOAREQUESTPURSUANTTO SECTION 20-3.4(B)(4)(b)OF THE LAND DEVELOPMENT CODEFORA SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT "1909 CAFE"IN THE "GR"GENERALRETAILZONINGUSE DISTRICT, SPECIFICALLY LOCATED AT 5714 BIRD ROAD DRIVE. Action:Mr.Mann read the request into the record and staffpresented the item relating to a request pursuant to Section 20-3.4(B)(4)(b)of the Land Development Code fora Special Use approval to locate a general restaurant "1909 Cafe"in the "GR"General Retail Zoning Use District.The above-referenced Section of the LDC provides that special uses must be approved by the City Commission after a public hearing and receipt ofa recommendation fromthe Planning Board. Applicant present:MarioTrevilla,1909 Cafe,Inc. The Board and staff discussed the proposed application.Among the issues discussed were parking spaces and trash collection.The applicant emphasized that the restaurant strictly serves cold sandwiches with no cooking involved,therefore the trash generated from the establishment mainlyconsistsof disposable dinnerware. PlanningBoard Meeting August 14,2001 Motion:Mr.Mann moved approval of the request with the following conditions (1)that the trash be removed through the rear door and collected as frequently as necessary;(2) that the trash from the dumpsters be picked up twice a week;and,(3)that no overflowing dumpsterswillbepermitted.Ms.Gibsonsecondedthemotion. Vote:Ayes 7 Nays 0 PB-01-017 APPLICANT :City of South Miami REQUEST:AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,BY REVISING SECTION 20-2.3 ENTITLED "PERMITTED USE SCHEDULE SECTION 20-8.5 ENTITLED "COMMERCIAL USE",AND SECTION 20-8.7 ENTITLED "LIGHT INDUSTRIAL USE",IN ORDER MAKE TECHNICAL CORRECTIONS THAT WOULD ALLOW THE CONTINUATION OF EXISTING PERMITTED INDUSTRIAL USES IN THE "TODD (LI-4)"TRANSIT ORIENTEDDEVELOPMENTDISTRICT(LIGHT INDUSTRIAL-4)ZONINGDISTRICT;PROVIDINGFOR SEVERABILITY; PROVIDING FOR ORDINANCES INCONFLICT;AND PROVIDING AN EFFECTIVE DATE. Action:Mr.Morton read the request intothe record and staff presented theitemto amend theCity of SouthMiamiLand Development Code (LDC)in order tomake technical corrections thatwouldallowthe continuation of existing permitted industrial usesinthe "TODD-(LI-4)"Transit Oriented Development District (Light Industrial-4).Withthe adoption of anamendmenttotheLDCin 1997 which established anewzoning district (TODD),anumber of light industrial useswere eliminated from locating inanyzoning district withintheCity.Staffnoted that theCity Commission byResolutionNo.105-01- 11253 datedJuly24,2001,requested the Planning Board to consider amendingtheLDCin order to reinstate thelight industrial usesas permitted usesintheTODD(LI-4)zoning district.Also,asubcommittee of theCity'sZoningTask Force hasalso endorsed thesame recommendation as proposed by staff. Speaker:David Tucker,Sr. The Board and staff discussed the proposed ordinance.The Board expressed concerns regarding some of the 13 uses (listed below)recommended for reinstatement,specifically those that use chemicals. Below isa list of 13 uses which are listed in the City's Permitted Use Schedule,however the schedule shows that they can not be located in any zoning district. Automobile rental agency Radio and television repair shop Automobile repair and body shop Re-uphoistery and furniture repair services Automobile upholsteryandtopshopTaxidermist PlanningBoardMeeting August 14,2001 Automobile washing/detailing operations Billiard parlor Carpet cleaning service Lawn maintenance services Pest control services UsedmerchandiseStore:vehicle parts Contractor plantand storage Motion:Mr.Comendeiromovedapproval of therequest.Mr.Mann seconded the motion.After some discussion on the motion,Mr.Mann moved to withdraw his second to the motion. Mr.Illas requestedan amendment toincludethe following asSpecialUses:(1) Taxidermist;and(2)Pestcontrolservices.Mr.Comendeirodidnotacceptthe amendment.Mr.Mortonthen seconded theoriginalmotionto approve the staffs recommendation. Vote:Ayes 4 Nays3(Mr.Liddy,Mr.MannandMr.Illas). PB-01-018 APPLICANT:City of SouthMiami REQUEST:AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA RELATING TO AN AMENDMENT OF THE CITY OF SOUTH MIAMI"LAND DEVELOPMENT CODE,BY REVISING SECTION 20- 3.6(H)(2)ENTITLED "PHYSICAL BARRIERS-HEIGHT LIMITS"TO PERMIT ADDITIONAL HEIGHT FOR HEDGES AND VINES USED AS LANDSCAPING; PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. Action:Mr.Liddyreadtherequestintotherecordandstaffpresentedtheitem,which willeliminatethe height limit of thehedges surrounding thepropertyline;and allowing for ornamental vegetationtoextendoversix(6)feetinheightabovegradeinanyrequired yard. TheBoard and staff discussed the proposed ordinance.TheBoardwas not in favor of the idea of allowingthehedgestogrowtoanunlimitedheight,specificallyalongthefrontline oftheproperty.TheBoardfeltthattheovergrownhedgeswouldnotbeaesthetically pleasing,andwouldpromote isolation amongthe neighbors. Speaker:David Tucker,Sr. Motion:Mr.Comendeiro movedapproval of theordinancewiththe following changes: (1)limittheheight of hedgestosixfeetalongthefull(100%)of thefrontline of the property,withanexceptionforanornamentalentranceway;and,(2)nolimitontheheight ofthehedgesfortherearandthesides of theproperty.Mr.Illas seconded themotion. Vote:Ayes 6 Nays1(Mr.Liddy) Planning Board Meeting August 14,2001 V.Approval of Minutes Action: A.The Board duly voted on and approved the minutes of July 10,2001. Vote:Ayes 7 Nays 0 VI.Discussion Items The Chairman announced that the next Planning Board meetings are scheduled for August 28th and September 11th,2001,Staff noted that the September 11th meeting might need to be cancelled due toa conflict with the budget hearing.It was also noted that September 25th is the tentative date for the joint Zoning Task Force workshop with the Planning Board,Environmental Review and Preservation Board,Historic Preservation Board,and including members of theCity Commission. VII.Adjournment Action:There being no further business before the Board,Mr.Morton adjourned the meetingat approximately 10:25 PM. in RGL/mmm K:\PB\PB Minutes\200l MinutesVMINS 08-14-01.doc ti LDC Amendment TODD Permitted Uses October 2,2001 (2) Below is a list of 13 uses which are listed in the City's Permitted Use Schedule,however the schedule shows thattheycannotbe located inany zoning district. Automobile rental agency Radio and television repair shop Automobile repair and body shop Re-upholstery and furniture repair services Automobile upholstery and top shop Taxidermist Automobile washing/detailing operations Pest control services Billiard parlor Used merchandise Store:vehicle parts Carpet cleaning service Contractor plant and storage Lawn maintenance services It is important to note that all of the above uses prior to the 1997 TODD ordinance were previously listed as permitted uses in the same industrial area.In addition some of these uses are currently existing, which has resulted in a severe hardship for property owners and business owners who want to expand, renovate or renew their licenses and certificates of use. The Planning and Zoning Department discovered this technical error last year while updating the format of the Permitted Use Schedule.The City's Zoning Task Force recognized this problem and as part of its Permitted Use Schedule policy decisions,has recommended re-instatement of the 13 uses into the TODD industrial zoning district.It was felt that this situation would be corrected as part of the final product (revised LDC),of the Zoning Task Force,however,that product may require several more months before it reaches the ordinance adoption stage.Based upon the hardships involved and the fact that this is a technical correction,itis appropriate that the LDC be amended as soon as possible. PLANNING BOARD RECOMMENDATION The Planning Board at its August 14,2001 meeting adopted a motion recommending approval of the proposed amendment.The motion to approve was made by Mr.Comendeiro and seconded by Mr. Morton.The motion was adopted by a vote of4 ayes and 3 nays (Mr.Liddy,Mr.Mann and Mr.Illas). CITY COMMTSSION ACTIONS The City Commission at its September 18,2001 approved the proposed ordinance on first reading.The subject amendment was subsequently discussed at a joint City Commission/Zoning Task Force public Workshop held on September 25,2001.The discussion indicated that the original objective ofthe TODD area charrette was to discourage the continuation of these types of industrial uses in the area.It was suggested that these uses could be re-instated,however,they would be classified as special uses allowing for public hearings and City Commission approval prior to any expansion or renewal ofthe uses. MODIFIED AMENDMENT The attached second reading ordinance has been modified to reflect discussions at the workshop.The ordinance contains two amendments necessary to address the situation as described above.The first is an amendment to the Permitted Use Schedule(Section 20-3.3(D)in order to show that each ofthe 13 light industrial uses as £S)special uses inthe TODD (LI-4)Zoning District. A second amendment is proposed for the TODD Zoning district regulations (Sections 20-8.5,and 20-8.7). This would remove the reference which eliminates these uses from locating anywhere ina TODD district.