12THE 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 11
August 19,2014 Agenda Item No.:~
Thru:
DATE:
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(0),
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 ~istrict 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 of the land development code.
CB Z:\Commission Jtems\20 14\08-19-14\Schools in Hometown\Ord amending 20-7.12 for schools _ CM report 8-13-14.docx
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
ORDINANCE No. _______ _
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.
'WHEREAS, on January 18,2011 the City Commission approved Ordinance No. 05-11-
2078, amending Section 20-3.3(D) Permitted Use Schedule changing the use category for
i#'~ schoo'IsIrom a permitted use, to a special use review; and
WHEREAS, Ordinance No. 05-11-2078 also amended Section 20.3.4 Special Use
Conditions, providing specific requirements for the review and approval of school facilities; and
WHEREAS, schools are permitted within the SR -Specialty Retail zoning district
following a special use review and approval; and
WHEREAS, Section 20-7. 12(A) ofthe Hometown District Overlay permits schools as a
storefront use, but does not reference the provisions adopted by Ordinance No. 05-11-2078; and
WHEREAS, Section 20-7.2 (B) provides that if there is a conflict between any of the
provisions of Article 7 and any other requirement of the Land Development Code then the
provisions of Article 7 shall take precedence and control; and
WHEREAS, it is the Administration's intent to correct the inconsistency between both
land development code sections and then proposed amendment would provide the reference to
the requirements of Ordinance No. 05-11-2078.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20-7.12 of the City of South Miami Land Development Code is
hereby amended to read as follows:
"20-7.12 Permitted and Special Uuses-andParking Requirements.
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:
A. Storefront Uses
***
School* 400 SF
***
***
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
38
39
40
41
42
43
44
45
'6
* 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
1 st 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
MIAMI HERALD
NEIGHBORS
CALENDAR
• CALENDAR, FROM 34SE
CIVIC/GOVERNMENT
Community Services and the Mil ..
itary: Community discussion on
challenges faced by veterans and
returning military seeking services
through the Veteran's Administration
Medical Center, RSVP required at
beaconcQuncil.com/events.
8 a,m. Aug. 28. Beacon Council. 80
SW Eighth St. Suite 2400. Downtown
Miami. $30; $20 members.
FAIRS & FESTIVALS
Brickell Fashion Market's, A Trend-
setter's Bazaar: Wide range of
trendy clothing, shoes, bags and
accessories from reputable brands
and up-and-coming designers from
all over the world.
] a.m. Aug, 24. InterContinental
Miami, 100 Chopin Plaza, Downtown
Miami. Free. 786-546-8500,
Cultural Souls Fine Art Fair-Miami:
Weekend art fair showcases the
works by established and emerging
artists from around the world plus
interactive demos and live art
auction.
10 a.m, Aug. 24, Sherbondy Village
• TURN TO CALENDAR, 38SE
ALL LEVELS WELCOME!
Intro Classes To Competative Leagues
August 23 • December 13, 2014
Two Full Courts In Our Indoor Gym
League Players Receive Uniforms & Trophies
• Biddy Clinic -Grades K -1
• Youth Leagues -Grades 1-2, 3-5
• Teen Leagues -Grades 6-8, 9-12
• Corporate Basketball -18 yrs +
CALL: 305.271.9000 x292
Dave and Mary Alper JCC
on the Jay Morton-Levinthal
11155 SW 112
PUBLIC MEETINGS on
MIAMfDE BUDGET issues including
rmliil Taxes and Fees for the
FY 2014 ·15 Proposed Budget
Miami-Dade County will hold a public meeting in your area to discuss
proposed adjustments to taxes andlor fees. On each of the dates
and locations listed below, the Office of Management and Budget will
make a presentation to discuss the FY 2014 -15 Proposed Budget.
'('M"
Miami Gardens, FL 33056
All of these sessions are free and open to the public, For further
information, please call Anita Gibboney at 305-375-5414,
CITY OF SOUTH MIAMI
COURTESY NOTICE
35SE
NOTICE IS HEREBY given that the City Commission of the City of SOllth Miami, Florida will conduct
Public Hearing(s) at its regular City Commis$ion meeting scheduled for Tuesday. September 2 2014
beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following itcm(s}:
A Resolution authorizing the City Manager to execute a five (5) year contract with Laz Parking
Inc. for an amount not to exceed 51,120,419 for a five (5) year period.
An Ordinance granting to Florida Power & Light Company, its successors and assigns, an electric
franchise, imposing provisions and conditions relating thereto, providing for monthly payments to
the City of South Miami, and providing for an effective date.
An Ordinance amending Section 20-7.12 of the City of South Miami Land Development
Code concerning parking requirements for restaurants within the Hometown District Overlay
(HD-OV) Zone.
(
An Ordinance amending the City of South Miami Land Development Code Section 20-7 .. 1~
'. Permitted Uses; (A). Storefront Uses within the Hometown District Overlay, to reference
. provisions for schools adopted by Ordinance 05-11-2078.
ALL interested parties arc 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 :ldvise~ the public that if a person decides to appeal any decision made by
this Board, Agency or Commission with respect to any matter con~idered at its meeting or hearing, he or she will need a record
of the proceedings, and that for such purpose, affected person m;lY 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.
WHAT EDUCATION SHOULD BE!
It is flu: policy of Miami-Dade County to comply with all of the require.me.nts of
theA mericclIl.l' with Disahilities A ct. The/acili'y is accessible. F orsign/angllage
interprerers, assistive listening devices or materials in accessihle jhrmal,
please call (305) 375-1545 alleas/five days in advance.
RIVIERA DAY SCHOOL 6800 Nervia Street, Coral Gables, FL 33146 I Tel. 305,666,1856
RIVIERA PREPARATORY SCHOOL 9775 SW 87 Avenue, Miami, FL 33176 I Tel. 786.300.0300
www.rivieraschools.comIAccreditedbyAISF.SACS.MSA.Ai. NCPSA, NIPSA
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
MARIA MESA, 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
NOTICE OF PUBLIC HEARING FOR 9/2/2014
in the XXX X Court,
was published in said newspaper in the issues of
08/22/2014
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 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 ro' any person, firm or corporation
any discount, reb ommission or r und for the purpose
of' nt for publ' ation in the said
(SEAL)
MARIA MESA personally known to .me
,'"''t''' 8. ~ ot ftOflda ~.'t .. ". Vt !:'.... Notary publiC -a 2 20n
t": ./. ~ My Comm. E)tPlf8$f~~34747
'O. • : "S commission' ~.~~,~ OF "~~~ Dftoded TllroU9h National Notary Assn.
'", .... '," U\I