Ord. No. 01-97-1622ORDINANCE NO.1-Q7-16??
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO THE CREATION
OF A NEW SECTION 20-9 OF THE LAND DEVELOPMENT CODE FOR
THE ESTABLISHMENT OF AN OVERLAY ZONING DISTRICT IN THE
CHARRETTE TOO STUDY AREA,IN ORDER TO PROVIDE FOR THE
SPECIAL NEEDS OF COMMUNITY-BASED SERVICE PROVIDERS;
PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN
CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,inJulyof 1994,thecommunitygatheredtogetherto
setforthaplanforthe Charrette TooStudy Area;and,
WHEREAS,theexisting semi-public,community-based service
provider facilities,such as churches,mosques,synagogues and
temples,wereaddressedinthe Charrette TooStudyas follows:
Public buildings are instrumental in creating civic pride.The
public buildings of the community (and their grounds)should be
welcoming,confident,and well-maintained.The architectural design
and siting needs to reflect their permanence and importance to the
community....Civic building sites should be permanently designated,
not considered ^non-conforming uses?For example,churches should
be treated by the regulations as permanent public institutions.
and;
WHEREAS,the Ministerial Alliance of South Miami is a loose
confederation comprised of the leaders of the community-based
service providers in the Charrette Too Study Area;and,
WHEREAS,members of the Ministerial Alliance met with staff
in March of 1996 to discuss possible options to permit parking
lots,out parcels,day care centers and additions on those
properties under the sole ownership of community-based service
providers,such as churches,mosques,synagogues or temples;and,
WHEREAS,staff discussed three options:a)amendment to the
Comprehensive Plan,b)amendment to the Special Use provisions of
the Land Development Code,and c)amendment to the Planned Unit
Development provisions of the Land Development Code;and,
WHEREAS,Reverend Whipple of the Ministerial Alliance
submitted a letter regarding a request to amend the Planned Unit
Development provisions of the Land Development Code;and,
Community Services Overlay Ordinance:2ndReading February 18,1997
Page 2 of Ord.#1-97-1622 •
WHEREAS,uponconsultation with theCityAttorney,regarding
citywide ramifications ofsuchanamendmenttothePlannedUnit
Development provisions,an alternative proposalforanoverlay
zoningdistrictwas formulated,ascontained herein;and,
WHEREAS,the City Commission desires to provide for the
continued viability ofthecommunity-basedserviceprovidersin
the Charrette Too Study Area;and,
WHEREAS,theMayorandtheCityCommissionfindthatitis
in the public interest todoso.
NOW,THEREFORE,BEITORDAINEDBYTHEMAYORANDCITYCOMMISSIONOF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.A new Section 20-9,also known as Article IX and
entitled the "Community Services Overlay District,"is created as
contained in "Exhibit A,"which is attached hereto.
Section 2.If any section,clause,sentence,or phrase of
this ordinance isfor any reason held invalid or unconstitutional
byacourtof competent jurisdiction,the holding shallnot
affect the validity ofthe remaining portions of this ordinance.
Section 3.All ordinances or parts of ordinances in conflict
with the provisions of this ordinance are hereby repealed.
Section 4.This ordinance shall take effect immediately at
the time of its passage.
thPASSEDANDADOPTEDthis18th day of February,1997.
ATTEST:
/^jUn^^x^J^^
CITY CLERK
1st Reading -11/5/96
2nd Reading -2/18/97
READ AND APPROVED AS TO FORM
^v/^^**J ('
CITY ATTORNEY
APPROVED:
VICE-MAYOR
COMMISSION VOTE:4-0
Vice Mayor Robaina:Yea
Commissioner Price:Yea
Commissioner Bethel:Yea
Commissioner Young:Yea
c:\...\ldc \C2-Overlay-Ord.doc
Community Services Overlay Ordinance:2nd Reading February 18,1997
•WS^s
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Vice-MayorandCityCommission Date:October 31,1996
^^^C4ec^^a^^f Asenda Item #***L.Dennis Whitt $7V^Re:Comm.Mtg.11/05/96
City Manager CommunityServicesOverlay
REQUEST:
AN ORDINANCE OFTHE MAYOR ANDCITY COMMISSION OFTHE CITY OF SOUTH MIAMI,FLORIDA,
RELATING TOTHE CREATION OFANEW SECTION 20-9 OFTHELAND DEVELOPMENT CODE FOR THE
ESTABLISHMENT OFAN OVERLAY ZONING DISTRICT INTHE CHARRETTE TOO STUDY AREA,IN ORDER TO
PROVIDE FOR THE SPECIAL NEEDS OF COMMUNITY-BASED SERVICE PROVIDERS;PROVIDING FOR
SEVERABILITY:PROVIDING FOR ORDINANCES IN CONFLICT;AND.PROVIDING AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
The following ordinance is proposed to amend theLand Development Code by creating anew
Section20-7.9,in order to provide fortheexpansion of facilities under the ownership of local
community-based service providers,suchaschurches,mosques,synagogues ortemples.
OnMarch16,1996,members of the Ministerial Alliance of South Miami metwithCity staff to
discuss possible options to permit parking lot improvements,out parcel development,daycare
center facilities and building additions for member organizations of the Ministerial Alliance.
OnJuly25,1996,ReverendEmanuelWhipple,Pastor of Mt.NeboMissionaryBaptistChurch
andamember of theMinisterialAlliance,submittedalettertotheCityManager,whichrequests
specificchangestotheLandDevelopmentCode,inresponsetosuggestionsmadebystaffatthe
March meeting withthe Ministerial Alliance and subsequent meetings with Reverend Whipple.
Staffdiscussedthreeoptions:a)amendmenttothe Comprehensive Plan,b)amendmenttothe
SpecialUseprovisions of theLandDevelopmentCode,andc)amendmenttothePlannedUnit
Development provisions oftheLand Development Code.Theletter requests an amendment to
the minimum required areafor Planned Unit Development applications.Upon consultation with
theCity Attorney regarding citywide ramifications of suchan amendment tothe Planned Unit
Development provisions,an alternative proposal foran overlay zoningdistrictwas formulated.
CityManager'sReport:CommunityServicesOverlay Ordinance
OnMonday,October 7,1996,staff metwithReverend Whipple todiscusshisdesires regarding
future usesatMt.Nebo Missionary Baptist Church,including special programs and facilities to
be operated bya privately-owned corporation,"DestinyHumanServices Corporation,"whichis
not church-related or controlled (this corporation is referenced inthe attached correspondence).
Please,be aware that the proposal discussed in Reverend Whipple's letter includes aspects that
willnotbe owned or operated byMt.Nebo Missionary Baptist Church.Reverend's letteralso
referstoprogramsfortroubledyouths.Suchproposalsmaybeacauseforconcernbythelocal
residentswholivenearbyornexttoMt.NeboMissionaryBaptistChurchfacilityandgrounds.
Theproposedordinancewouldnotpermitneworexpandeduses,unlesssuchuseswereoperated
by,andlocatedonpropertyownedby,anexistingchurch,mosque,synagogueortemplewithin
theoverlaydistrict.Inaddition,theordinancerequiresapplicationsforusessuchasschoolsand
specialprogramstobereviewedunderthespecialuseapprovalprocess.Thisprocessrequires
twoPublicHearingsandfinalapprovalbytheaffirmativemajorityvote of theCityCommission.
OnJanuary14,1997,followingPublicHearing,thePlanningBoardvoted5:0torecommend
approval of theordinanceaspresented.Excerpted,AdoptedMinutes(forthisitem)areattached.
RECOMMENDATION:Approval.
Attachments:
Proposed Ordinance Regarding Community Services Overlay
Letter datedJuly25,1996,from Reverend Emanuel Whipple
Letter dated May 24,1996,from Lee Perry,Chairperson,CAA/OCED
Letter dated March 7,1996,from Tony E.Crapp,Sr.,Director of OCED
Excerpted,Adopted Planning Board Minutes from January 14,1997
CityManager'sReport:CommunityServicesOverlayOrdinance
/3
Community Services Overlay District
ARTICLE IX.COMMUNITY SERVICE OVERLAY DISTRICT
20-9.1 Purpose and Intent
Itisthepurposeandintent of thissectiontopromotethehealth,safety,community acceptable
standards of morals and general welfare of the residents of theCity of South Miami through the
statedregulations of thissection.TheCommunityServicesoverlay zoning districtisintendedto
providefortheestablishment of anoverlayzoningdistrictintheCharretteTooStudyArea,in
ordertoprovideforthespecialneedsof community-based serviceprovidersand,specifically,to
permitparkinglotimprovements,outparcel development,daycarecenterfacilitiesandbuilding
additionsforthosepropertiesunderthesoleownership of community-based serviceproviders,
suchas churches,mosques,synagogues,or,temples.
20-9.2 Applicability
Therequirements of thisArticleshallbeinadditiontootherrequirementsinthe City's adopted
Land Development Code,andinthecase of conflict,theprovisions of thisArticleshallcontrol.
20-9.3 Boundaries
ThepropertiesintheCommunityService[CS]overlayzoningdistrictareindicatedasdarkened
areasin Figure 20-9.1(see attached)andarelegally described asfollows:
Lots 7,8 and 12 ofBlock1,PINES SUBDIVISION,accordingtothe plat thereof as recorded in
PlatBook13atPage2 of the Public Records ofDadeCounty,Florida;and,Lots31,32 and 33
of Block 5,Lots 34,35 and 36 of Block 6,and the alley lying between Lots 34 and 35,Lot40,
lessthewest15feet thereof Lots41,42,43,44,45and46 of Block 7,and 4 feet of thealley
lyingsouthandadjacenttoLot46,Lots70and 71 ofBlock 12,andLot87 ofBlock15and 7'/2
feet of the alley lyingwest and adjacent toLot87,less roadway dedications,FRANKLIN
SUBDIVISION,according tothe plat thereofas recorded in Plat Book5atPage35 of the
Public Records ofDade County,Florida;and,Lots1,2,3,4,5,6,9,10,11,12,13,25,and 26,
RE-SUBDIVISION OF TOWNSITE OF LARKINS,accordingtothe plat thereof,as recorded in
Plat Book4at Page 1 of the Public Records ofDadeCounty,Florida;and,Lots 12,13 and 14
ofBlock 2,TOWNSITE OF LARKINS SUBDIVISION,accordingtothe plat thereofasrecorded
inPlatBook2atPage 105 of thePublicRecords ofDade County,Florida;and,the North ft of
Lot5,Lots 6,7,8,9,10,11,12 and 13 of Block2,andLot4 of Block4,lessroadway
dedications,AMENDED PLATOF HAMLET,according totheplatthereofasrecordedinPlat
Book4atPage48 ofthePublicRecords ofDade County,Florida.
20-9.4 Definitions for Section 20-9
The definitions below,as may be amended from time to time,shall apply to Section 20-9 only.
Otherthanthe revised definitions included inthis sub-Section,the definitions provided under
Section 20-2.3oftheLandDevelopmentCodeare applicable totheprovisions of Section 20-9.
Accessory Building.Shall mean a detached subordinate building orportion thereof,theuseof
which is incidental toandin connection with a principal or main building which is located ea
the same lot under the same ownership as the main building.No accessory building shall be
permitted which isnot located owned in conjunction with a principal or main building.
Exhibit A /s
Community Services Overlay District
Accessory Use.Shall mean a building or structure,theuse of which is subordinate and
incidental to the main building or structure,andis located on the same lot which the main
building islocated under thesame ownership asthemain building or structure.
Adult Congregate LivingFacility.Shallmeanany building or buildings,section of a building
ordistinctpart of a building,residence,privatehome,boarding home,homefor the agedor
other place,whetheroperated fe asanon-profitentityor not,whichundertakesthroughits
ownership ef and management to provide,foraperiod exceeding twenty-four (24)hours,
housing,food service andoneormorepersonalservicesforfour(4)ormoreadults,not
relatedtothe owner or administrator by blood ormarriage,who requiresuch services andto
providelimitednursingservices,whenspecificallylicensedtodosopursuantto Florida
Statutes.Afacility offering personalservicesorlimitednursingservicesforfewerthanfour
(4)adultsis within themeaning of this definition if itformallyor informally advertisestoor
solicitsthepublicforresidentsorreferralsandholds itself outtothepublictobean
establishment which regularly provides such services.
Church,Mosque,SynagogueOr Temple.Shallmeanaformallyorganizedreligiousentitywith
ownership of property orproperties,a building,a building orother structures,oragroup of
buildingsorstructures which by designandconstructionareintendedfororganizedworship
services and commonly related services,suchas educational,recreational,andsocial services,
includingdaycareandothercommunity services,which principal facilities andmainworship
sanctuarystructurearelocatedinthe Community Services TCS1 overlayzoningdistrict.
Community ResidentialHome.Shallmeananestablishment dwelling unit,licensedtoserve
clients of the Department of Health and Rehabilitative Services,which provides aliving
environmentfor unrelated residents who operate asthe functional equivalent of afamily,
includingsuchsupervisionandcarebysupportive staff asmaybenecessarytomeetthe
physical,emotional andsocial needs of residents.
Community Service Providers.Shall mean the existing institutions whose main buildings or
structuresarelocated within the Community Service [CS1 overlay zoning districtas of the
adoption date of this sub-Section,such as churches,mosques,synagogues or temples.
Day Care Center.Shall meanany establishment providing forthedaytime care ofseven(7)or
more children which are not members of the residentfamily and licensed bv the Department of
the Health and Rehabilitative Services.
GroupHome (See Community ResidentialHome).
School.Shall mean institutions of general education offering kindergarten through 12th grade
education or some substantial any portion thereof,including special programs and facilities.
Exhibit A 3
Community Services Overlay District
20-9.5 Development Review Procedures
(A)Applicants shall meet inpre-applicationconference with thePlanning&Zoning Division
staff todiscussandanalyzeproposedapplicationsina non-binding forum.Staff may
prescribespecialconditionsinordertoassuretheoverall compatibility of theproposed
usesandphysicalstructureswiththeneighboringusesandphysicalstructures.
(B)Applicantsshallsubmitan application fordevelopmentrespondingtothe pre-application
conference findingsintheformprescribedundertheprovisions of Section20-5,entitled
Article VProceduresand Applications,ascontainedintheLand Development Code.
(C)Uponreceipt of applicationsfordevelopment,thePlanning&Zoning staff shallreview
theapplicationandassurethatproposedusesandphysicalstructuresarecompliantwith
thepurpose,intentandrequirements of thisarticleandapplicableCoderequirements.
(D)Uponthe staffs determination of compliancewiththe purpose,intentand requirements«
of thisarticleandapplicableCoderequirements by thePlanning&Zoning Division,the
applicationshallbereviewedbytheERPB,asregulatedbySection 20-5.11.
(E)ApplicantsshallincorporateERPBconditions,if any,andapplyforallrequiredbuilding,
electrical,mechanical,plumbing and utility permits,asregulated by Section 20-5.13.
20-9.6 Permitted Uses and Special Uses
(A)Theuseslisted below arepermittedbyright within thedistrictandareapplicabletoboth
new and existing buildings,including accessorystructuresandaccessoryuses.
PermittedUsebyRight RequiredParkingSpaces
Church,Temple orSynagogue 1per3seatingspaces
Community ResidentialHome,*6 persons orless2perdwellingunit
DayCareCenter,*7childrenormore 1per250grosssquarefeet
Dwelling,Single-family*2perdwellingunit
Parkor Playground,Public orPrivate None
(B)Theuseslistedbelow are permitted via special use approval.Applicants shall followthe
procedures established for special uses,as set forth in sub-Section 20-5.8(B)through (F),
and shall followthose procedures for the required public hearings,as set forth in general
in sub-Section 20-5.1throughsub-Section20-5.6.
Permitted by Special Use Approval Required Parking Spaces
Adult Congregate Living Facility*2 per dwelling unit
Community Residential Home,*7 persons or more 2 per dwelling unit
Counseling Services,*as defined under §20-2.3 1 per 250 gross square feet
Funeral Home,*per conditions under §20-3.4(B)(3)1 per 300 gross square feet
School,Elementary or Secondary*1 per 400 gross square feet
School,Vocational or Special Programs*1 per 400 gross square feet
*under the ownership,management and control ofa defined community service provider
Exhibit A /%•
Community Services Overlay District
20-9.7 Dimensional Requirements
MinimumLotSize(for subdivision only)
Net Lot Area (square feet)6,000 square feet
Frontage (feet)60 linear feet
RequiredBuild-toLines(forprincipal structures)
Front Street (Address Side)Property Line
SideStreet(notincludingalleyways)PropertyLine
Canopies,AwningsandArcadesmayprojectoverexisting sidewalk areas
Minimum Yard Setbacks (for new construction)
Front Street (Address Side)0.0feet
Side Street (not including alleyways)0.0feet
Side Street (for alleyways only)5.0feet
Side (Interior)7.5feet
Rear (Interior)10.0feet
Rear Street 0.0 feet
ANY SIDE adjacent toa Single-Family Residence 25.0feet
Maximum Building Height
Stories 2 stories
Feet 25.0 feet
Maximum Building Coverage (%)75percent
Maximum Impervious Coverage (%)85percent
20-9.8 Parking Regulations
Buildings erected,converted,enlarged,reconstructed,movedorstructurallyalteredshall
conformtothe off-street parking requirementsin Section-20-4.4.
20-9.9 Signage Regulations
The provisions of Section 20-4.3 shall apply;and,all properties inthe Community Service
overlay zoning district shall be permitted signage as set forth under sub-Section 20-4.3 (I)(5).
20-9.10 Supplemental Regulations
The provisions of Section 20-3.6 shall apply;and,all properties inthe Community Service
overlay zoning district shall be evaluated under the provisions of Section 20-3.6 as though the
properties were exclusively used for single-family residential purposes.The purposed of this is
to provide for visual uniformity with the surrounding single-family residential neighborhood.
Exhibit A 13
&
I 1
I A •
,
•
•
]
T »•I Iv V \I ||
Mt.Nebo Missionary Baptist Church
6075 SW 64thStreet .,,_South Miami,FL 33143 Telephone 667-3696
Fax 666-2483
July25,1996
Mr.Eddie Cox,City Manager
City of SouthMiami
6130 Sunset Drive
South Miami,FL 33143
DearMr.Cox,
^thfR%?of the M0u„t Nebo Missionary Baptist church ^
Jdv3MsS"^^^"^lm re"uestin8t0 beP'aced «theJvuyJO,1996 Commissioners Agenda to request that Section 20-3.4(B)(8)of the LandDevelopmentCodeberevised,to reduce or eliminate the minimum requirement o£cresforapphcationforaPlannedUnitDevelopment.equirement ot 2.acres
The reason for this request is due to some future plans that the Churches have in bothdevelopingandenhancingthecommunityaswellasbringingsomenewiSsand
=S^Mdi^ethe"^U Cot-
1)An Educational Facility that will be built to on the parcel of land to the
fcast of Mt.Nebo to house such programs as:
An educational program for at-risk,low-income children and
families from ages new born to Pre-K.
An After-School Tutorial Program.
A Youth Alternative Program,whereby,we will work in
conjunction to the Dade County School Board and the Juvenile
Justice System to develop aprogram to cater to the needs of
youth that have been suspended from school,offering an
alternative education program,counseling and behavior
modification.
3
We are in the process of seeking funding for construction and design of this facilityAsanalternative,if we are unable to obtain funding,we will provide an expanded
parking area and place portables on the parcel of land to the South of Mt Nebo to
actual house the various projects.
Due to the fact that Dade County will be providing this land to us for these various
projects please find enclosed acopy of the letter received to support the enclosed
information as well as aletter from South Miami CAA/OCED Advisory Committee
supporting these plans.'
Mr.Cox,we would appreciate your assistance with helping us actually expedite the
revision ofthe above mentioned Land Development Code.
Sincerely,
Emanuel Whipple
Pastor/Teacher
cc:Mayor Cunningham
City of South Miami
ViceMayor Robaina
City of South Miami
Commissioner Price
City of South Miami
CommissionerBethel
City of South Miami
Commissioner Young
City of South Miami
/3
com limn uaa
May 24,1996
Reverend Emmanuel Whipple,President
destiny Human Services Corporation
3075S.W.64 Street
5outh Miami,Florida 3314.1
METROOAOE
MKTKOI'OMTAN l)/\|)K COUNTY
:mr>NW 1ST STRIWT
MIAMI FLORIDA :i:U2H-IOOI!
cwir»>:M7-ifloo
I'AX:cmnj :J72-H7in
)ear Reverend Whipple:
:his letter acknowledges the support of the South Miami CAA/OCED Advisory Committee for
ae establishment of a daycare center,an alternative program and a senior citizen complex in the
Z%^SLC°mT,ty byuthC DeStiny Human Services Corporation.Your presentation onlayzo,1996,was thorough and the committee is in full support of your plans.
hould you require additional information,please call me at (305)6674749.
incerely,
3e Perry
lairperson
)uth Miami CAA/OCED Advisory Committee
g&
G
METROPOLITAN DADE COUNTYFLORIDA „-.-.„..„__..'rLU",LW OFFICE OF COMMUNITY DEVELOPMENT
SUITE 1000
140WEST FLAGLER STREET
MIAMI.FLORIDA 33130-1661
(305)376-3431
FAX:(305)375-3428
March 7.1996
3astor EmanuelWhipple
Mt.Nebo Missionary Baptist Church
3075 S.W.64 Street
South Miami,Florida 33143
Dear Pastor Whipple:
This letter responds to your February 18,1996 letter,which describes extensively the
issues discussed during your meeting with Commissioner Reboredo and staff,Ms Jackson
and members of my staff.I have been informed,that it was a very productive meetina Itake;his opportunity to let you know that the surveys ordered were delivered to my office promptly
Concerns were expressed during the meeting about the transfer of countv-owned
Darcels to a religious organization.In previous similar occasions,we have been advised bv the
county Attorneys Office,that it is imperative to separate matters of Church and State and that
the creation of aviable recipient entity must be developed,in order to protect this separation
The reuses proposed in your letter for the eastern parcels,should include the provisionofaparkingfacilitytohelpthetrafficflowthroughouttheneighborhood.The expansbnof JourDayCareFacility,the creation of an After-School Tutorial Program and the AlternateEducationProgramproposed,are good ideas that my office will support.«'»manve
The reuses thought for the southern lots,might require special Citv aDDrovals nh»n th«type of Senior Citizen housing being proposed.P ^approvals given the
It is our understanding,that you are working with an architect that will providearchrtecturalserv.ces to develop plans and specs for all of these programs.Matters Eve tore-zoning variances,etc.,are matters that your organization must solve.My officevMblresponsibleforenvironmentalphaseIauditsandforthepreparationofanvBoardo?Count!Commission (BCC)agenda item(s)necessaiy in order to achieveSransfer of°he parcete ^
We appreciate your offer to assist in the regular maintenance and upkeep of all of the
parcels under transfer consideration.Attached you will find a document that reauires voursignature,relieving the County of any/all liability resulting from the upkeep/maTntenance ".
these parcels.
S3
^METROPOLIAN DADE COUNtY,aOH.DA 0FF|CE QF C0MMUN|TY DfiVELOpMENT
8UITE1000
MBTRoSaOE^140 WE8T H-AQLER 8TREETy**™™*0*^MIAMI,FLORIDA 33130-1561
Attachment to Letter WOfi|S|5K21
March 7,IW>
PERMISSION is granted to MUMlQld^^Church to regularly maintain and upkeep the
vacant lots EaaUmlSputhoftheMt.Neb.QMs,9i,Qnary.Daplist ClmrcJ,,located at 6075 sW fi4 Bymf
South Miami Florida,for the purpose of assisting the Office of Community and Economic Development.
This permission in granted for aperiod of one year,beginning April 1.1996 thmnph ¥^h ^1007 w|th
the following stipulations.
1.Mt.Nebo Missionary Baptist Clwok will hold harmless Dade County and/or its agents from any
and all liabilities arising from regular maintenance and upkeep ofsaid parcels.
2'Mt.Nebo Missionary Baptist Church,assumes full responsibility for obtaining any and all permits
as required by City and the County.
3.MUJejpJyiissionarv Baptist Church,upon vacating the property agrees to thoroughly clean all
debris from subject property and lonve the property in ihe same or better condition than before
their arrival.»•i uolul*
APPROVED:
Paltor Emamlel Wl(ipp1e7RepresentativeTofML Nebo Missionary Baptist Church
APPROVED:
Emma D.Glass,OCED Property Management Officer 5^
Rosendo M.Lopez-Gottardi,Supervisor 5^
OCED Urban Development Unit
Arturo H.Tigera,Deputy Director 5^"
Office of Community &Economic Development
<3
.y$larch7,1996
/Page Two
As you know,Ihoro to a Community Aollon Au«nny/<.'.immunity DoveloDment rHAA rn\
hove hoard bofom nhout your gona.nl pinna,hui wlihoui tho detailed nature of ihT n«.EIproposedreusesRegularmeeting-am .oh«,lul«C In Iho SoXL^^J^P^presentation before this body will be necessary In order to pmceedI with your•JK.
Should you need additional information in reference to any of these issue*m««o*h„
re's^et *""^**™~^*644"52°4 °r ^^SaS^SeTm
Sincerely,
TonyE.Crapp,Sr„Director
Office of Community and
EconomicDevelopment
RL:TECsr/gm
Attachments
c:Arturo H.Tigera
Les Green
Sidney Beckom
/3
EXCERPTED
MINUTES
PlanningBoard
Tuesday,January14,1997
City Commissioners'Chambers
7:30 P.M.
I.Callto order and the Pledge of Allegiance totheFlag of the United States of America.
Mr.SubrataBasu,Chairperson,calledthe meeting toorderat7:30p.m.
II.Roll Call.
Present:S.Basu (Chair);K.Zeller (Vice-Chair);A.Oliveros;G.Illas;and,A.Dupree
Absent:C.Thorner
Also present:Bill Mackey,Director,Planning&Zoning;Brian Soltz,Planner;GregoryOravec,
Planning Technician;David Struder,BoardSecretary.
III.Public Hearings:
ITEM:PB-97-002
Applicant:Mayor and City Commission
Request:AN ORDINANCE OFTHEMAYORANDCITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,RELATING TO THE CREATION OFA NEW SECTION 20-9 OF THE
LAND DEVELOPMENT CODE FOR THE ESTABLISHMENT OF AN OVERLAY ZONING
DISTRICT IN THE CHARRETTE TOO STUDY AREA,IN ORDER TO PROVIDE FOR THE
SPECIAL NEEDS OF COMMUNITY-BASED SERVICE PROVIDERS;PROVIDING FOR
SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN
EFFECTIVE DATE.
Mr.Illas read the request.Staff presented the application,notingthatthe proposal contains a
newordinancedesignedtoaddressspecialneeds of churchesandcertainother "service
providers"of thecommunity,specificallythose located inthe Charrette IIstudy area.Staff
explained that representatives of the churches had approached theCity last year,seeking options
bywhichto broaden the services,such as special programs and counseling services,theyofferto
the community.
Staff continued by noting thattheCitywill hold two public hearings onthe ordinance,oneby
the Planning Board tonight and onebytheCity Commission ata later date,possibly in February.
Staff noted thattheCity Commission will more than likely hold its final voteonthe proposed
ordinanceatthesecondpublichearing.
In response to inquiries from Mr.Basu,Mr.Mackey noted the map,Figure 20-9.1,indicating the
parcels involved inthismatter.Mr.Mackeyfurthernotedthat while the new ordinancewillnot
meet all theneedsidentifiedin correspondence withtheCity,the document will provide a
vehiclefortheapproval of certainfacilitiesand services-.
Excerpted PB Min 01/14/97 /3
Publichearingwas opened.
Mr.David Tucker,Sr.,of 6556 SW 78Terrace,signedinand spoke before theBoard.Mr.
Tucker sharedhis opinions on how theCityandits citizens might proceedinmatterssuchas
these where outside entities may be involved,particularlyin achieving and maintaining the
"community's good".
Ms.Linda Tobin spoke before theBoard.Ms.Tobinopenedbystatingthatshe would notbe
opposedtoCitychurches expanding theirservicestothe community.Ms.Tobin indicatedthat
shehad questions relatingtothelanguageinthedocument,suchas defining the word "church"
and including safeguards from "extremists".
Rev.Emanual Whipple,pastor of Mt.NeboMissionaryChurch,signedintospeak before the
Board.Rev.Whipple statedthathewasspeakingon behalf of the ministers of churchesinthe
RS-4 zoning district,andhe explained thatthedesireisforthe churches to extend their services
tothe community.Rev.Whipple characterizedthisdesireasa wish to meet the "...total needs
of community."
Mr.Basuraisedtheconcern of theareatobeserved by theproposed ordinance.Inresponse,
Rev.Whipple repliedthatthearea of service,asitrelatestothematterathand,referstoSouth
Miami only,as opposed toDade County initsentirety.
Publichearingwasclosed.
Following theclose of thepublichearing,Mr.Mackey reiteratedthatnotallneeds,asindicated
in correspondence tothe City onthismatter,areaddressedbytheordinance.He explained that
theBoard may wish todosoinits recommendations.Mr.Mackey statedthat staff does
recommend approval of the ordinance aspresented.
InregardtoinquiriesfromMr.Basu,Mr.Mackey notedthat applicability of theordinanceis
"property specific",againreferringtothemapreferencedearlier.Mr.Mackey furthernotedthe
uses,Section20-9.6,outlinedintheproposalthatarepermittedbyrightandallowedbyspecial
useapproval.
Duringfurtherdiscussion,Mr.Mackey commentedthatthechurchpropertiesinquestion
represent "non-conforming"uses,asthesepropertiesarezoned single-family residential.Mr.
Mackey explainedthat,inregardtootherchurchproperties,suchasthosealongSunsetDrive
andBirdRoad,theyarezonedpublic institutional andnotconsidered non-conforming uses.
Motion:Mr.Oliveros moved approval of the application,aspresented.Ms.Dupreeseconded
the motion.
Vote:Approved:5Opposed:0
ExcerptedPBMin01/14/97 n