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Ord. No. 13-00-1715ORDINANCE NO.13-00-1715 AN ORDINANCE OFTHE MAYOR AND CITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA,RELATING TO PERMITTED USES;AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVELOPMENT CODE,BY REVISINGSECTION 20-3.3(D)ENTITLED,"PERMITTEDUSESCHEDULE"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. WHEREAS,the Planning and Zoning Department and the Planning Board have initiated a program to update,clarify,and improve the provisions oftheCity's Land Development Code; and WHEREAS,theSouth Miami Comprehensive Plan states that theCity should preserve and enhance the quality of lifein existing single-family residential neighborhoods and should eliminate uses inconsistent with community character(Land Use Element,Goal 1,Objective 1.1); and WHEREAS,afterreview and consideration,the Planning and Zoning Department has determined that allowing gasoline service stations within neighborhood oriented zoning districts is inconsistent withtheCity's Comprehensive Plan andan appropriate amendment totheLand Development Code should be prepared;and WHEREAS,aspecific amendment toSection 20-3.3(D)of theLandDevelopmentCodehas been prepared in order toremove gasoline service stations asa special useinthe 'NR', Neighborhood Retail Zoning District;and WHEREAS,atitsApril 25,2000,meeting after a Public Hearing regarding the proposed amendment to Section 20-3.3(D)of the Land Development Code,the Planning Board voted 4-1 to recommend totheCityCommissionthatthe ordinance should be referred totheZoningTask Force;and WHEREAS,the City Commission desirestoenacttheaforesaid amendment. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OFTHE CITY OFSOUTH MIAMI,FLORIDA: Section1ThatSection20-3.3(D),entitled,"PermittedUses,"of theSouthMiamiLand DevelopmentCodeisherebyamendedto read asfollows: Ord.No.13-00-1715 Section 20-3.3(D)Permitted Use Schedule USE TYPE RETAIL AND WHOLESALE TRADE R O L O M O N R S R ZONING DISTRICT G R T 0 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 P R C O N D P A R K Gasoline ServiceStation SSIIIIII TTTTi Section .2All ordinances or parts of ordinances in conflict withthe provisions of this ordinanceareherebyrepealed. Section 3If any section,clause,sentence,or phrase of this ordinance is for any reason held invalid or unconstitutional bya court of competent jurisdiction,this holding shall notaffect the validity of theremainingportions ofthis ordinance. Section 4This ordinance shall take effect immediately atthetime of its passage. PASSED AND ADOPTED this 16th day of Mav 2000 ATTEST:APPROVED: ITY CLERK Jj READ AND APPROVED AS TO FORM: CITY ATTORNEY MAYOR Commission Vote: Mayor Robaina: Vice Mayor Feliu Commissioner Bethel: Commissioner Russell Commissioner Wiscombe: NOTE:New wording underlined;wording tobe removed indicated by strike-through 4-1 Yea Yea Yea Nay Yea CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To:Mayor &Commission Date:May 12,2000 13From:Charles D.Scurr /)/I /I \„Agenda Item # CityManager/////JC^/Re:Comm.Mtg.05/16/00 LDC Amendment:Permitted Uses 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 REVISINGSECTION20-3.3(D)ENTITLED,"PERMITTEDUSESCHEDULE"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 &ANALYSIS: Theattachedordinanceamendsthe City's PermittedUseSchedule.Therevisionisinresponse to concerns that gasoline service stations are nota compatible use either within or adjacent to residential neighborhoods.The City's Land Development Code currently allows service stations asa special use (requires public hearing and adherence to special conditions)inthe neighborhood and general retail districts ,and in the TODD district .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 it would be appropriate to amend the Land Development Code to remove gasoline service stations asa special useinthe"NR",Neighborhood Retail District.Itis important to note thatthe proposed amendment will not immediately impact existing service stations,however,stations locatedinan "NR"districtwouldbecomenonconformingusesandwill,inthefuture,besubject totheregulationsgoverningnonconforminguses. TheCity Commission atits March 21,2000 meeting approved the proposed ordinance on first reading and referred ittothe Planing Board for public hearing and recommendation. PLANNING BOARD ACTION ThePlanningBoardatitsApril25,2000meetingvoted(4-1)torecommendthattheordinance bereferredtotheZoningTaskForceforreviewaspart of itsoverallworkprogramtoupdateand amend theLand Development Code. RECOMMENDATION:The proposed text amendment will eliminate ause which is inconsistent withthe policies of the Comprehensive Planandwill protect the character of residential areasin thefuture.It is recommended that the ordinance be adopted at this time without referral to the Zoning Task Force. Attachment: Proposed Ordinance MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday,Sunday and Legal Holidays Miami,Miami-Dade County.Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams,who on oath says that she is the Vice President of Legal Advertising oftheMiamiDaily Business Review f/k/a Miami Review,a daily (except Saturday,Sunday and Legal Holidays)newspaper,published atMiamiin Miami- Dade County,Florida;that the attached copy of advertise ment,being aLegal Advertisement ofNoticeinthe matter of CITY OF SOUTH MIAMI PUBLIC HEARING-5/16/00 ORDINANCE AMENDING CHAPTER 20,ETC. in the KKXKX Court, was published in said newspaper in the issues ol May 5,2000 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami- Dade County,Florida,and that the said nowspop<>r has heretofore boon continuously published in said Mimitl.narifi County,Florida,eachday (e«cept Saturday.Siiitaiay and Legal Holidays)arid ha*b**n colored a»wcono ,i-.«;S mail matter at the pen offica in Miami in ucl County.FiofKJ*.to*a p*<>od of ooa y«o/nail p**--'-•'lug jne first o*rW<cation of the ariacf>«d copy of »dv«n*»*-..„„..g. nher says trwit sh«has noithor paid r»©»•••nmlaed bn,firm of corporation any discount.'»i )f refund tor the purpose of securing this . in the said newspaper jh t9 me.cowws- 'JS^*CC5. ('r-'JUNE /••'xpires -.2000 Dade com- rfise- 000 CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICEIS HEREBY given that the City Commission of the Cityof South Miami,Florida will conduct a Public Hearing duringits regular City Commission meeting Tuesday,May16,2000 beginning at7:30p.m.,in theCity Commission Chambers,6130-Sunset Drive,to consider thefol lowing described ordinance(s): AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA,AMENDING CHAPTER 20 OF THE CITY OF SOUTH MIAMI LAND DEVEL OPMENT CODE,BY REVISING SECTION 20-3.3(D)ENTI TLED,"PERMITTED USE SCHEDULE"TO REMOVE GASO LINE SERVICE STATIONS AS A SPECIAL USE IN THE'"NR" NEIGHBORHOOD RETAIL ZONING DISTRICT;PROVIDING FOR SEVERABILITY,ORDINANCES IN CONFLICT.AND PROVIDING AN EFFECTIVE DATE.(1st Reading -March 21, 2000) Said ordinance can be inspected intheCity Clerk's Office,Monday -Fri day during regular office hours. Inquiries concerning thisitem should be directed totheCity'sPlanning Department at:663-6326. ALL interested parties are invitedto attend and willbe heard. Ronetta Taylor,CMC City Clerk Cityof South Miami Pursuant toFlorida Statutes 286.0105,theCity hereby advises thepub licthatifa person decides to appeal any decision made bythis Board, Agency or Commission with respect to any matter considered atits meet ingor hearing,heor she will need a record ofthe proceedings,and thatfor such purpose,affected person may need to ensure thata verbatim record ofthe proceedings is made whichrecord includes the testimony andevi dence uponwhichthe appeal isto be based. 5/5 00-3-110/50683M