Res. No. 105-01-11253RESOLUTION NO.105-01-11253
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OFSOUTH MIAMI,FLORIDA,INITIATING AN AMENDMENT TOTHE
LAND DEVELOPMENT CODE PROVIDING FOR TECHNICAL
CORRECTIONS TOTODDZONING DISTRICT ANDTHE PERMITTED USE
SCHEDULE;PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,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;and
WHEREAS,a section of the TODD 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,however the regulations did not provide that these uses could continue
tobe located inthenew industrial zone,now called the TODD-(LI-4);and
WHEREAS,this oversight has effectively eliminated a number of light industrial uses from
locating inany zoning district within the City;and
WHEREAS,these eliminated uses,prior to the 1997 TODD Ordinance,were previously
listed as permitted uses in the same industrial area and some of these uses are currently existing ,
resulting in a severe hardship for property owners and business owners who want to expand,
renovate or renew their licensesand certificates of use.;and
WHEREAS,based upon the hardships involved and the fact that this isa technical
correction,itis recommended that the LDC be amended at this time by the initiation of an
ordinance specifically amending this section of the TODD regulations and the Permitted Use
Schedule.
NOW,THEREFORE,BEIT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Adraft ordinance,amending the Land Development Code oftheCityof South Miami,in
ordertomakecertaintechnicalcorrectionstotheTODDzoningdistrictandtothePermittedUse
Schedule,shall be prepared by City staffand brought forward tothe Planning Board and to the City
Commission for review and consideration.
Section2.Thisresolutionshalltakeeffectimmediatelyuponapproval.
PASSED AND ADOPTED this 24th dayofJuly,2001,
Page 2 of Res.No.105-01-11253
ATTEST:
CITY CLERK //
READ AND APPROVED AS TO FORM:
/6.<€*//
CITY ATTORNEY
"to "To o d
(2)
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Robaina:
Vice-Mayor Feliu:
Commissioner Russell:
Commissioner Bethel:
Commissioner Wiscombe:
5-0
Yea
Yea
Yea
Yea
Yea
South Miami
All-America City
Mllir
2001
Excellence,Integrity,Inclusion
MEMORANDUM
To:Honorable Mayor,Vice Mayor
and City Commission
From:Charles D.Scurr /^/fCityManager/Jfa,
Date:July 24,2001
Re:Agenda Item
Initiation of LDC Amendment
Technical Corrections:TODD;
Permitted Use Schedule
&
Request:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OFSOUTH 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.
BACKGROUND &ANALYSIS
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
whichwouldbeallowedwithintheTODDanda reference to 13 lightindustrialtypeuseswhichwould
notbe allowed.Unfortunately the legislation adopted atthat time didnot provide that these uses could
continuetobelocatedinthenewindustrialzone,nowcalledtheTODD-(LI-4).Thisoversighthas
effectively eliminated a number of light industrial uses from locating in any zoning district within the
City.
Below isalistof 13 uses which are listed intheCity's Permitted Use Schedule,however the schedule
showsthattheycannotbelocatedinanyzoning district.
Automobile rental agency
Automobile repairandbodyshop
Automobileupholsteryandtopshop
Automobilewashing/detailingoperations
Billiard parlor
Carpetcleaningservice
Lawn maintenance services
Radioand television repair shop
Re-upholstery andfurniturerepairservices
Taxidermist
Pest control services
Used merchandise Store:vehicle parts
Contractorplantandstorage
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 ofthese uses are currently existing,
LDC Amendment
Permitted Use Schedule
July 24,2001
Page 2
which has resulted ina 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.A subcommittee of the City's Zoning Task Force has recognized this
problem and has preliminarily recommended re-instatement of the 13 uses into the TODD industrial
zoning district.It was felt that this situation would be corrected as part ofthe final product (revised LDC),
ofthe 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,it is recommended that the LDC be amended at this time by the initiation of an ordinance
specifically amending this section and the Permitted Use Schedule.
The attached resolution would initiate the process,and direct staff to prepare a draft ordinance for review
by the Planning Board and the City Commission.
RECOMMENDATION
Approvethe Resolution.
Attachments:
Draft Resolution
LDC Sections 20-8.5.6,&.7
VCS/SB/SAY A
D:\Comm Items\2001\7-24-01\LDC Amend TODD Uses initiation reportdoc
TRANSIT-ORIENTED DEVELOPMENT DISTRICT 20-8.7
Three Bedroom 850 square feet
(B)Density,as many units as may be permitted as can be provided with parking.
(C)Residential and lodging uses,as permitted with required parkingas noted in section
20-7.12.Residential uses are permitted on the first floor.
(Ord.No.9-97-1630,§1,4-1-97)
20-8.5 Commercial use.
The following classifications,uses,and corresponding parking requirements shallbe
permitted with the T.O.D.D.:
(A)Storefront uses,as indicated in section 20-7.12.
(B)Office uses,as indicated insection20-7.12 and all uses inthe Business and
Professional Services Group as indicated in section 20-3.3,except the following uses
shall not be permitted:
1.Any uses which are only permitted inan industrial zone as indicated in section </
20-3.3.
2.Bowling alley or skating rink.
(Ord.No.9-97-1630,§1,4-1-97)
20-8.6 Special provisions.
(A)Anyof the above uses are permitted on the first flooraswellassuccessivefloors.
(B)Convenience storesarenot considered inthe food categoryandarenot permitted.
(C)No "drive-thru's"exceptforbanks,arepermitted.
(Ord.No.9-97-1630,§1,4-1-97)
20-8.7 Light industrial use.
The following usesare permitted inthis category alongwiththerequiredparking:
(A)Allretailandwholesale trade usesasindicatedinsection20-3.3,exceptthe following
uses:
(1)Automobile dealers.
(2)Boat dealers.
(3)Gasoline service stations.
(4)Recreational vehicle dealer.
(5)Convenience store.
(6)Used merchandise,vehicle parts.
(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.
(Ord.No.9-97-1630,§1,4-1-97)