8THE CITY OF PLEASANT LIVING
To:
FROM:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor & Members of the City Commission
Steven Alexander, City Manager
#ChristoPher Brimo AICP, Planning Director QI Thru:
DATE: August 19,2014 Agenda Item No.:~
SUBJECT:
An Ordinance amending the City of South Miami Land Development Code Section 20-
7.12 Permitted Uses; (A). Storefront Uses within the Hometown District Overlay, to
amend its title and to reference special use status and requirements for schools.
BACKGROUND:
A recent review of the land development code evidenced a scriveners error between
Ordinance No. 05-11-2078, adopted by the City Commission in January 2011, and the
Hometown Overlay District Section 20-7.12 Permitted Uses.
Ordinance No. 05-11-2078 amended the permitted use schedule Section 20-3.3(D),
changing the use category for schools from a permitted use, to a use review. The
amendment also provided specific requirements for the review and approval of a
school facility. Schools are permitted within the SR -Specialty Retail zoning use district
following special use review and approval by the City Commission.
Section 20-7.121(A) of the Specialty Retail -Hometown District Overlay also permits
schools as a "storefront use", but did not reference the provisions adopted by
Ordinance No. 05-11-2078. This proposed amendment will make both code sections
consistent with the adopted review process.
RECOMMENDATION:
It is recommended that the Commission approve the proposed amendment to Section
20-7.12 ofthe land development code.
CB Z:\Commission Jtems\20 14\08-19-14\Schools in Hometown\Ord amending 20-7.12 for schools _ CM report 8-l3-14.docx
1 ORDINANCE No. _______ _
2
3 An Ordinance amending the City of South Miami Land Development Code Section
4 20-7.12 Permitted Uses; (A). Storefront Uses within the Hometown District Overlay,
5 to amend its title and to reference special use status and requirements for schools.
6
7
8 WHEREAS, on January 18,2011 the City Commission approved Ordinance No. 05-11-
9 2078, amending Section 20-3.3(D) Permitted Use Schedule changing the use category for
10 schools from a permitted use, to a special use review; and
11
12 WHEREAS, Ordinance No. 05-11-2078 also amended Section 20.3.4 Special Use
13 Conditions, providing specific requirements for the review and approval of school facilities; and
14
15 WHEREAS, schools are permitted within the SR -Specialty Retail zoning district
16 following a special use review and approval; and
17
18 WHEREAS, Section 20-7. 12(A) of the Hometown District Overlay permits schools as a
19 storefront use, but does not reference the provisions adopted by Ordinance No. 05-11-2078; and
20
21 WHEREAS, Section 20-7.2 (B) provides that ifthere is a conflict between any of the
22 provisions of Article 7 and any other requirement of the Land Development Code then the
23 provisions of Article 7 shall take precedence and control; and
24
25 WHEREAS, it is the Administration's intent to correct the inconsistency between both
26 land development code sections and then proposed amendment would provide the reference to
27 the requirements of Ordinance No. 05-11-2078.
28
29 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
30 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
31
32 Section 1. Section 20-7.12 of the City of South Miami Land Development Code is
33 hereby amended to read as follows:
34 "20-7.12 Permitted and Special Uuses-andParking Requirements.
35 The uses below are applicable to both new and existing buildings in the
36 Hometown District:
USE TYPE Unadjusted Parking Requirements:
1 parking space required per:
A. Storefront Uses
***
School* 400 SF
***
37 ***
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* Uses marked with an asterisk require a special use permit with city commission
approval pursuant to 20-3.3(D) and 20-3.4(B). All other uses are permitted of right.
Outdoor dining is permitted of right in special pre-approved areas (see Regulating Plan).
In addition to the uses above, monumental civic building uses are encouraged in the
Hometown District and in particular for certain strategically located sites. Civic building
uses shall include, for example: City, county, state, or federal buildings, including library,
post office, meeting hall, administrative offices, performance place, police substation,
and similar uses.
***
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-Iettered 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 _________ , 2014.
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 Harris:
Commissioner Liebman:
Commissioner Welsh:
Commissioner Edmond:
CITY ATTORNEY