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8CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor and Members of the City Commission Via: Steven Alexander, City Manager From: Christopher Brimo, AICP Planning Director Date: November 21,2013 r1j ITEM No. South Miami b.ft;d imp 2001 --=--- An Ordinance of the City of South Miami amending the land development code Section 20-3.3(D), Permitted Use Schedule and Section 20-7.12(B), Permitted Uses; to permit certain additional uses within RS-5 and SR zoning districts, and to correct a scriveners error related to school parking and special use conditions. BACKGROUND At the request of the Vice Mayor, the administration was asked to review the appropriateness of amending the land development code, permitted use schedule to include "physical therapists" within the SR -Specialty Retail zoning district. Additionally, in reviewing the permitted use schedule, the Planning Department is also recommending an amendment to the RS-5 district to permit "home occupations" and an amendment to the Schools uses to correct an error in the table. Currently the land development code does not permit physical therapists as a professional use within the SR zoning district, however it does permit similar uses such as acupuncturists, massage therapists, chiropractic office and physical fitness facilities. Physical therapists fall within this category and are a low impact use that is appropriate for this district. The parking requirement for this use in other districts where it is currently permitted, is 1 space per 200 gross square feet. Both Section 20-3.3(D), Permitted Use Schedule and Section 20-7.l2(B), Permitted Uses in Hometown Overlay will need to be amended. Staff is also recommending that "home occupations", which are currently permitted by right in all of the "R" districts but one, be allowed in the RS-5 zoning district. Section 20-3.6(P) of the land development code provides specific conditions under which a home occupation can be approved and licensed. Additionally, under Educational Uses in the pennitted use schedule, the special use conditions and parking requirements for elementary and secondary schools are printed in the wrong columns. This proposed amendment will correct this scriveners error. The following are the proposed amendments to the current code. Z:\Commission Jtems\2013\12-17-13\PermiUed Use Schedule Amendments_ CM Report.doc Permitted Use Schedule Amendments December 17,2013 Page2of6 PROPOSED AMENDMENTS SECTION 20-3.3(D) PERMITTED USE SCHEDULE P = PERMITTED BY RIGHT S = PERMITTED AS SPECIAL USE COND = SPECIAL USE CONDITIONS (See Section 20-3.4 PARK = PARKING REQUIREMENTS (See Section 20-4.4(B)) X = No conditions were adopted USE TYPE ZONING DISTRICT " R R R RI~ R R L R R L M N S GMT T T T T H P R PCP SSSS TTRMOOORRRUOOOOO I RO A 1234 69M2 1 4 8 ADDDDD HDDDDD M M L P P U U I I R 454 PLANNED UNIT DEVELOPMENT RESIDENTIAL USES SSSS SSS S SSS SSSS Boardinghouse P P P P P P P Dwelling, Single-Family PPPPIaPPP P S .f}.., Dwelling, Tourist P P P P P P Dwelling, Townhouse P P P P S P P P P P Dwelling, Two-Family P P P S P Dwelling, Multi-Family P P S P P P P P Community Residential Home, 7 or more P P P P P P Group Home I Licensed (6 or less) S S S S 5 S S S S S S S S Group Home II Unlicensed (6 or less) S S S S5, S S S S S S S S * * * * EDUCATIONAL USES School, EJementaryor Secondary , $ $ $, S S S . ,( School (ancillary to principle use), Church School, Private or Charter S S S S S S School, Vocational S 5 S S S S RELIGIOUS USES Church, Temple, Synagogue or Mosque S S S S S S S S P P N R D K 8 17 1 3 17 2 17 1 17 3 1 15 1 15 1 : '.", 1'" B ±2: 12 23 12 23 12 23 12 1 6 Permitted Use Schedule Amendments December}7,2013 Page30f6 USE TYPE :~,y~j191~~!~~~;g~li~:~~~!Q~1~'§~R\(t~ ZONING DISTRICT RL MNSG MT T TTTHPPC P OOORRRUOOOOO IROA It; ADD 0 DON R IV HOODOO OK I:: MMLPP I,j' U U I I R Ii,,; 4 5 4 Accessory Medical Services P P P S 18 7 Accounting and Auditing Services Acupuncturist Advanced Registered Nurse Practitioner Advertising Agency Animal Hospital or Veterinarian Architectural Services Automobile Parking Structure Automobile Rental Agency Automobile Repair and Body Shop Automobile Upholstery and Top Shop Automobile Washing/Detailing Operations Bank or Savings Institutions, Mortgage Banking/Mortgage Brokerage Beauty or Barber Shop (includes nail/skin care as accessory or as separate establishment Bed and Breakfast Billiard Parlor Bowling Alley or Skating Rink Bowling Alley/Restaurant/Entertainment Center Building Contractors Office Carpet Cleaning Service Catering Services Chiropractic Office or Clinic Counseling Services Contractor Plant and Storage Computer Supplies and Services Credit Reporting Services Dentist Office Dry Cleaning Substation (no processing) Dry Cleaning Plant P P P P P P ,,~ P P P P P P 5 5 P P P ,~ S P P ~ P SSP ~ P Ie-S 5 P P P P P P P P P P P P P P P P P P P P P P P P P P S S P P P 5 S P P P P 10 P P P P 9 P P P 9 P P P P 10 S S P 2112 P P P P 10 P P P S 2211 ** S 11 S 11 S 1011 P P P 11 P P P P 16 11 P P P P 4 S 11 1116 S 16 P P P P 10 S 11 11 P P P P S 149 P P P P 10 S 14 P P P P 11 P P P P 10 P P P P P 9 P P P P 16 11 S S S S 7 11 Permitted Use Schedule Amendments December 17,2013 Page 40/6 Employment Agency Engineering Services Film Processing Substation Funeral Home Hotel or Motel Insurance Agency Interior Decorator, Showroom and Salesroom Interior Decorator, Office only Investigative Services Investment and Tax Counseling Laboratory, Medical or Dental Laundromat Law Office Lawn Maintenance Services Loan or Finance Agency Mail and Parcel Center Market Research Services Massage Therapist Medical Office Messenger or Courier Services Mobile Automobile Wash/Wax Service Notary Public Office, Business or Professional * 50% of ground floor square footage must be retail uses. Opticians or Optical Goods, Showroom Opticians or Optical Goods, Office only Pest Control Services Personal Skills Instruction Studio Photographic Studio Physical Fitness Facility Pt)y~j~~J~.Th~f~pf£l?:i .•... i( .. ' . .; Picture Framing Store Planning and Zoning Consultant Psychologist Public Relations Services * * * * P P P P P S S S S P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P P S S S P P P P P P P P P P P P P P S S S S p e p P P P P P P P P P P P P P P 10 P P P P P 10 P P P P P P 16 11 , 3 11 P P P P P 4 P Ii P P P P 10 P P P P P 10 P !;;l'~ P P P P 10 {X',' P '{:.:::,? P P P P 10 ;"', .I! P P P P 10 <", .~ P P P P P 9 P~ P P P P 11 ~ P P P P 10 ",,:.( ii4 S 11 ":';f', g P P P P 10 p! P P P P P 10 i P P P P 10 P 'g; P P P P P 9 .'l'j.J:, .~ P P P P P 9 g P P P P 11 S 'S S S S S :;;.1'/ S S S 20 N/A ,::-:'" P,!} P P P P 10 ~. P* P P P P 10 ';:0 .e P P P P P 9 .' e P P P P P 9 I;· S 11 P P P P P P P 10 P P P P P 16 11 P P P P P 16 11 P f'; .... P P P ,i; 9 P P P P P 11 P P P P P 10 P P P 9 P P P P P 10 Permitted Use Schedule Amendments December 17,2013 Page5of6 Section 20-7.12 Permitted uses. The uses below are applicable to both new and existing buildings in the Hometown District: * * * * USE TYPE: Unadjusted Parking Requirements: 1 parking space required per: • B~offit~ 0.; ~i~."'){;i"~'~'l,.i;~,~;{;:.'.·.;.::r.).X~.·ii~};;·~ •. ', ,." i~:" •.• ,.:~t~;?;::·~"·.,·,,., > ~HiP~~:',0:;:>S '.i t. >":>.~ Accounting & Auditing Services 250 SF Acupuncturist 200 SF Advertising Agency 250SF Architectural Services 250 SF Building Contractors Office 250 SF Chiropractic Office or Clinic 200 SF Counseling Services 250 SF Credit Reporting Services 250SF Dentist Office 200 SF Dry Cleaning Plant* 300SF Employment Agency 250SF Engineering Services 250 SF Governmental Administration 250 SF Insurance Agency 250 SF Interior Designer, Office only 250 SF Investigative Services 250SF Investment & Tax Counseling 250 SF Laboratory: Medical or Dental 200 SF Law Office 250 SF Loan or Finance Agency 250 SF Market Research Services 250 SF Massage Therapist 200 SF Medical Office 200 SF Notary Public 250 SF Office, Business or Professional 250 SF Opticians or Optical Goods, Office only 200 SF Personal Skills Instruction Studio 250 SF Physical Theral2ist 200 SF Permitted Use Schedule Amendments December 17, 2013 Page6of6 Planning & Zoning Consultant Public Relations Services Radio & TV Broadcasting Station Real Estate Agency Reproduction and Stenographic Services Social Services Agency Stock Brokerage Services Telephone Answering Services Tutorial Services Travel Agency RECOMMENDATION 250 SF 250 SF 400 SF 250 SF 300 SF 250 SF 250SF 300 SF 300 SF 250 SF (SF refers to gross square feet) The Planning Board at their December 10, 2013 meeting, and following a public hearing voted unanimously (5 ayes, 0 nays) to recommend approval of the proposed amendments to the City's Land Development Code Section 20-3.3(D), Permitted Use Schedule and Section 20-7.l2(B), Permitted Uses; to permit certain additional uses within RS-5 and SR zoning districts, and to correct a scriveners error related to school parking and special use conditions, and recommend approval of these amendments to the City Commission. 1 ORDINANCE NO. -------·2 3 An Ordinance of the City of South Miami amending the land 4 development code Section 20-3.3(D), Permitted Use Schedule and 5 Section 20-7.12(B), Permitted Uses; to permit certain additional uses 6 within RS-5 and SR zoning districts, and to correct a scriveners error 7 related to school parking and special use conditions. 8 9 WHEREAS, the City Commission expressed an interest to amend the permitted use 10 schedule within the Specialty Retail zoning district to permit by right, Physical Therapists; and 11 12 WHEREAS, the permitted use schedule currently allows similar professional services 13 within the Specialty Retail zoning district and the addition of this use will enhance those 14 services; and 15 16 WHEREAS, the Planning Department, in reviewing the request to amend the permitted 17 use schedule also recommends the following changes: 18 19 Allowing "Home Occupation" as a permitted use in the RS-5 zoning district, to be consistent 20 with the other residential zoning districts; and 21 Correcting a scriveners error under Educational Uses "schools, elementary or secondary", 22 moving the special use condition and off street parking requirements to the correct columns; and 23 :4 WHEREAS, application PB-13-032 proposing these amendments was reviewed by the 25 Planning Board on December 10,2013, and following a public hearing, voted 5 ayes and 0 nays 26 to recommend that the City Commission approve the amendments as proposed. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 30 31 Section 1. Section 20-3.3(D), and Section 20-7.12 of the City of South Miami Land 32 Development Code are hereby amended to read as follows: 33 34 SECTION 20-3.3(D) 35 PERMITTED USE SCHEDULE P = PERMITIED BY. RIGHT S = PERMITIED AS SPECIAL USE COND = SPECIAL USE CONDITIONS (See Section 20-3.4 PARK = PARKING REQUIREMENTS (See Section 20-4.4(B)) X = No conditions were adopted 16 USE TYPE ZONING DISTRICT R R RR R R R L R R L M N S GM T T T T T H P R P C P S S S S S T T R M 00 0 R R R U 0 0 00 0 I R 0 A 1 2 34 5 6 9 M 2 A D D D D D N R 1 4 H D D DD D D K 8 M M L P P U U I I R 4 5 4 PLANNED UNIT DEVELOPMENT S S S S S S S S S S S S S S S S S 8 RESIDENTIAL USES Boardinghouse P P P P P P P Dwelling, Single-Family P P P P P P P P P S 17 1 Dwelling, Tourist P P P P P P 3 Dwelling, Townhouse P P P P S P P P P P 17 2 Dwelling, Two-Family P P P S , P 17 1 Dwelling, Multi-Family P P S P P P P P 17 3 Community Residential Home, 7 or more P P P P P P 1 Group Home I Licensed (6 or less) S S S S S S S S S S S S S 15 1 Group Home /I Unlicensed (6 or less) S S S S S S S S S S S S S 15 1 Home Occupation P P P P fP P P P P P P P P P 1 1 2 * * * * 3 EDUCATIONAL USES School, Elementary or Secondary S S S S S S S ;g 1-2: 23 12 School (ancillary to principle use), Church P 12 School, Private or Charter S S S S S S 23 12 School, Vocational S S S S S S 23 12 RELIGIOUS USES Church, Temple, Synagogue or Mosque S S S S S S P 1 6 4 USE TYPE ZONING DISTRICT R L M NS G MT T T T T H P P C P 00 0 R R R U 0 0 00 0 I RO A A D D D D D N R H D D D D D D K M M L P P U U I I R 4 5 4 BUSINESS AND PROFESSIONAL SERVICES Accessory Medical Services P P P S 18 7 2 Accounting and Auditing Services P P P P P P P P 10 Acupuncturist P P P P P P P P 9 Advanced Registered Nurse Practitioner P P P P P P 9 Advertising Agency P P P P P P P P 10 Animal Hospital or Veterinarian S S S S P 21 12 Architectural Services P P P P P P P P 10 Automobile Parking Structure P P P Automobile Rental Agency S S 22 11 ** Automobile Repair and Body Shop S 11 Automobile Upholstery and Top Shop S 11 Automobile Washing/Detailing Operations S 10 11 Bank or Savings Institutions, Mortgage Banking/Mortgage P P P P P P P 11 Brokerage Beauty or Barber Shop (includes nail/skin care as accessory or as $ S P P P P P P P 16 11 separate establishment Bed and Breakfast P P P P P 4 Billiard Parlor S 11 Bowling Alley or Skating Rink S 11 16 Bowling Alley/Restaurant/Entertainment Center S S 16 Building Contractors Office P P P P P P P 10 Carpet Cleaning Service S 11 Catering Services 11 Chiropractic Office or Clinic P P P P P P P P P S 149 Counseling Services P P P P P P P P P P 10 Contractor Plant and Storage S 14 Computer Supplies and Services P P P P P P P P 11 Credit Reporting Services P P P P P P P 10 Dentist Office P P P P P P P P P P 9 Dry Cleaning Substation (no processing) S S P P P P P P P 16 11 Dry Cleaning Plant S S S S S S 7 11 Employment Agency P P P P P P P 10 Engineering Services P P P P P P P P 10 Film Processing Substation S S P P P P P P 16 11 Funeral Home S S 3 11 Hotel or Motel P P P P P P P 4 Insurance Agency P P P P P P P P P 10 Interior Decorator, Showroom and Salesroom P P P P P P P 10 Interior Decorator, Office only P P P P P P P 10 Investigative Services P P P P P P P P 10 3 Investment and Tax Counseling P P P P P P P P 10 Laboratory, Medical or Dental P P P P P P P P P 9 Laundromat P P P P P P 11 Law Office P P P P P P P P 10 Lawn Maintenance Services S 11 Loan or Finance Agency P P P P P P P 10 Mail and Parcel Center P P P P P P P P P 10 Market Research Services P P P P P P P P 10 Massage Therapist P P P P P P P P P P 9 Medical Office P P P P P P P P P 9 Messenger or Courier Services P P P P P P P 11 Mobile Automobile Wash/Wax Service S S S S S S S S S S S S 20 N/A Notary Public P P P P P P P P P 10 Office, Business or Professional P P P P P* P P P P 10 * 50% of ground floor square footage must be retail uses. Opticians or Optical Goods, Showroom P P P P P P P P P 9 Opticians or Optical Goods, Office only P P P P P P P P P 9 Pest Control Services S 11 Personal Skills Instruction Studio P P P P P P P P P 10 Photographic Studio S S P P P P P 16 11 Physical Fitness Facility S S P P P P P 16 11 Physical Therapist P P P P ~ P P P 9 Picture Framing Store P P P P P 11 Planning and Zoning Consultant P P P P P P P P 10 Psychologist P P P P P P 9 Public Relations Services P P P P P P P P 10 1 2 * * * * 3 Section 20-7.12 Permitted uses. 4 The uses below are applicable to both new and existing buildings in the Hometown District: 5 * * * * USE TYPE: Unadjusted Parking Requirements: 1 parking space required per: B. Office Uses Accounting & Auditing Services 250 SF Acupuncturist 200 SF Advertising Agency 250 SF Architectural Services 250 SF 4 Building Contractors Office 250 SF Chiropractic Office or Clinic 200 SF Counseling Services 250 SF Credit Reporting Services 250SF Dentist Office 200 SF Dry Cleaning Plant* 300SF Employment Agency 250 SF Engineering Services 250SF Governmental Administration 250 SF Insurance Agency 250 SF Interior DeSigner, Office only 250 SF Investigative Services 250 SF Investment & Tax Counseling 250 SF Laboratory: Medical or Dental 200 SF Law Office 250SF Loan or Finance Agency 250SF Market Research Services 250 SF Massage Therapist 200 SF Medical Office 200 SF Notary Public 250SF Office, Business or Professional 250 SF Opticians or Optical Goods, Office only 200 SF Personal Skills Instruction Studio 250 SF Ph'lsical Therapist 200 SF Planning & Zoning Consultant 250 SF Public Relations Services 250 SF Radio & TV Broadcasting Station 400 SF Real Estate Agency 250 SF Reproduction and Stenographic Services 300 SF Social Services Agency 250 SF Stock Brokerage Services 250 SF Telephone Answering Services 300 SF Tutorial Services 300 SF Travel Agency 250 SF (SF refers to gross square feet) 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 !4 25 26 27 28 29 30 31 32 33 34 35 36 37 Section 2. Codification. The provisions of this ordinance shall become and be made part of the Code of Ordinances of the City of South Miami as amended; that the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 3. Severability. If 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 4. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the appearance of being in conflict when the two ordinances can be harmonized or when only a portion of the ordinance in conflict needs to be repealed to harmonize the ordinances. If the ordinance in conflict can be harmonized by amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion that needs to be repealed to harmonize the two ordinances shall be repealed. PASSED AND ENACTED this ___ day of __________ , 201_ .. ATTEST: CITY CLERK 1st Reading 2nd Reading APPROVED: MAYOR READ AND APPROVED AS TO FORM: COMMISSION VOTE: LANGUAGE, LEGALITY AND Mayor Stoddard: EXECUTION THEREOF Vice Mayor Liebman: Commissioner Newman: Commissioner Harris: Commissioner Welsh: CITY ATTORNEY 6 CITY OF SOUTH MIAMI NOTICE OF GENERAL AND SPECIAL ELECTION NOTICE IS HEREBY GIVEN that a General and Special Election for the City of South Miami for the Mayor for a two (2) year term, a Commissioner-Group I for a four (4) year term, and a Commissioner-Group IV for a four (4) year term, together with questions relating to amendments to the City's Charter, will be held on Tuesday, February 11, 2014 from 7:00 a.m. to 7:00 p.m., in the City Commission Chambers, of the City of South Miami City Hall at 6130 Sunset Drive. Qualifying period for this election begins Monday, January 6, 2014 at 9:00 a.m., and ends Friday, January 10, 2014 at 5:00 p.m. Registration ends at 5:00 p.m. sharp each day. Inquiries can be made by calling the City Clerk's office at: 305-663-6340. Maria M. Menendez, CMC City Clerk City of South Miami For further information regarding the proposed amendments to the City's Charter you may visit our website at www.southmiamifl.gov Or, you may also visit the Clerk's Office Monday-Friday, between 9:00 a.m. and 4:00 p.m. at 6130 Sunset Drive, South Miami, FL 33143. CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, January 7, 2014 beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance amending Section 20-2.3(8) entitled Applicability and Definitions, Section 20-4.3(1)(1) entitled RS-Single Family Residential Districts, Section 20-4.3(Q(2) entitled RT-Townhouse Districts, and Section 20-4.10 entitled Garage Sale in order to increase the amount of signage allowed for garage sales. An Ordinance amending subsection 4-2(a) of the City Code changing distance requirements regarding alcohol sale and service. ( An Ordinance of the City of South Miami amending the City's Land Development Code sectiO~ 20-3.3(0), Permitted Use Schedule and Section 20-7.12(8), Permitted Uses: to permit certain additional uses within RS-5 and SR zoning districts, and to correct a scriveners error related to school parking and special use conditions. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305-663-6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person 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 ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 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 M. ZALDIVAR, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI PUBLIC HEARING 1/7/2014 in the XXXX Court, was published in said newspaper in the issues of 12/20/2013 Affiant further -l.¥~ the said Miami Daily Business Review is a newspaper published at Miami in said Miami-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami-Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami-Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commi sion or refund for the purpose of securing this adve . t for publication in the said newspaper. (SEAL) M. ZALDIVAR personally known to me B. THOMAS Notary Public -State of Florida My Comm. Expires Nov 2. 2017 Commission # FF 034747 Bonded Tllrough National Notary Assn.