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Ord. No. 04-87-1276ORDINANCE NO.4-87-1276 AN ORDINANCE OF THE CITY OF SOUTH MIAMI,FLORIDA, GRANTING A SPECIAL USE PERMIT FOR A CHURCH IN AN RM-18 DISTRICT;GRANTING VARIANCES FOR THE CHURCH TO BE ON A LOT OF LESS THAN TWO (2)ACRES,PERMITTING LESS THAN THE REQUIRED FORTY PERCENT (40%)LANDSCAPING, AND PERMITTING ONLY FOURTEEN (14)PARKING SPACES WHERE SEVENTEEN (17)SPACES ARE REQUIRED FOR PROPERTY LEGALLY DESCRIBED AS:LOTS 12,13 AND 14,BLOCK 2,TOWNSITE OF LARKINS SUBDIVISION,AS RECORDED IN PLAT BOOK 2AT PAGE 105 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA, A/K/A 6669 SOUTHWEST 59TH PLACE,SOUTH MIAMI,FLORIDA, 33143 AGENDA ITEM PB-87-004 WHEREAS,on March 24th,1987,the Planning Board of the City of South Miami,Florida,recommended the granting of the Special Use Permit and variances requested by Keith Dominion Church;and WHEREAS,the Acting Director of the Department of Building,Zoning and Community Development has recommended approval of all requests by the applicant. NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITYOFSOUTHMIAMI,FLORIDA: Section 1.That a Special Us2 Permit allc/ing a church in an RM-18 District be granted on property legally described as: Lots 12,13 and 14,Block 2,TOWNSITE OF LARKINS SUBDIVISION,as recorded in Plat Book 2 at Page 105 of the Public Records of Dade County,Florida,a/k/a 6669 S.W.59th Place,South Miami,Florida, 33143 Section 2.That the following three (3)variances also be granted in regard to the above-describfed property: a)A variance allowing the Church on a lot of 0.39 acre where two (2)acres is required. b)A variance allowing 38.2%of the lot to be landscaped where 40%landscaping is required. c)A variance allowing fourteen (14)parking spaces where seventeen (17)are required. Section 3.This Ordinance shall take effect immediately at the time of its passage. PASSED AND ADOPTED this 5th day of ATTES: crrr CLEi d a;;o approved as ;o form: r TIJORNDCITYAT Passed on 1st Reading: Passedon2ndReading: 4/21/87 May APPROVED: ,1987. APPLICANT: OWNER: Keith.Dominion Church The House of God -Keith Dominion MAP REFERENCE:6669 S„W.59 Pl„,Southtfiami,FL COMMENTS:Special Use Permit for Church in KM-18 District, 3 variances for lot size,landscaping and parkingrequirements. CITY op SOUTH JMANU -PUWMING &OARD Compass Scale.A".7A0P:... Date..narpl?A0».198.7 Drn..ADL..chk Hearing No.87tQ0.4 6±y v.': ^L^l£B J lt n ^^•WHW^m m^y^^y\STrm3TSmrxaasBmm>mmm J~f. <*+> *! f 7£2§"3> 2FSlamiris RtsuBDivtsid/ H=A|$—In ^«i 590ff,589C 6625-39 ^60<.«<3>© ,..«,. f-j- •SW.—ir-SSW TERR. •'ffTitn' (,? £i<J<5|J ^*:::^$:::::::::¥:$S i >i »f i sw.__,„t"fj*emer.t Tract "C" J.26 Ac.; 67th: *'^^<r^«.'.<—!—I—:—r 5SW0 4 I3J :j:ij 6S»•*']?*,S.>4 k*,t // 11 51Vl?'_£'.'//••.-Casen-.enl |f *-^..."•iasement T'>jr i I.i A7 .'>^/ !a?i**.*>.4/j.v .*Vlv .^i-v *?]• H_£519K:^r--I—I- >*\•-.*I I APPLICANT:Keith Dominion Church OWNER:the House of God -Keith Dominion MAP REFERENCE:6669 S.W.59 PI.,South Miami,FL COMMENTS:Special Use Permit for Church in RM-18 District, 3 variances for lot size,landscaping and parking requirements. CITY of SOUTH MIAMI ~PUNNING &OARD Compass Scale.A".7.-W.\.. Date..Harph.1,0,.J987 Drn..APL..Chk Hearing No..87tQ0A i ..n,,,,,,.„,,,,^»"K™ivu>.mwum*jH*m***muwiim^^ m • REQUEST #1 REQUEST //2 REQUEST //3 REQUEST#4 LOCATION: LEGAL DESCRIPTION CITY COMMISSION HEARING: City of Sou!!?Miami PLANNING BOARD NOTICE OF PUBLIC HEARING HEARING:87-004 DATE:March 31,1987 TIME:7:30 P.M. APPLICANT:Keith Dominion Church Special Use Permit for Church in RM-18 District. Variance to occupy alot with lessthan2acres. Variancetopermitlessthan40%of landscaping. Variance topermitlessthan17 parking spaces. 6669S.W.59Place,SouthMiami,Florida Lots 12,13,14,Block 2,Realty Securities Corpora tion's Townsite Larkins,PlatBook 2,Page 105. April 21,1987 YOU ARE HEREBY ADVISED THAT IF ANY PERSON DESIRES TO APPEAL ANY DECISION MADE WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING OR HEARING,SUCH PERSON WILL NEED A RECORD OE THE PROCEEDINGS,AND FOR SUCH PURPOSE MAY NEED TO ENSURE THAT A VERBATIM RECORD OE THE PRO CEEDINGS IS MADE,WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED,(F.S.286.0103) MUBi-IC HEARING WILL BE HELD IN THE COMMISSION CHAMBERS ATTHE CITY HALL,6130 SUNSET DRIVE,SOUTH MIAMI,FLORIDA,AT THE TIME AND DATE STATED ABOVE. .-.LL INTERESTED PARTIES ARE URGED TO ATTEND.OBJECTIONS OR EXPRESSIONS OF APPROVAL MAY BE MADE IN PERSON AT THE HEARING OR FILED IN WRITING PRIOR TO ORAT THE HEARING.THE BOARD RESERVES THE 'SGHT TO RECOMMEND TO THE CITY COMMISSION WHATEVER THE BOARD CONSIDERS IN THE BEST INTEREST FOR THEAREA INVOLVED.THE BOARD'S RECOMMENDATION ON THIS MATTER WILL BEHEARDBYTHECITY COMMISSION A FUTURE DATE.INTERESTED PARTIES REQUESTING INFORMATION ARE ASKED TO CONTACT THE OFFICE OF THE .JNING DIRECTOR BY CALLING 667-5691 ORBY WRITING.REFER TO HEARING NUMBER WHEN MAKING INQUIRY. PLANNING BOARD 'SBI00-7 BZ REV.12-9-Bi THIS IS A COURTESY NOTICE Mr.Cooke-Yarborough expressed his concern for upholding the zoning code as it stands and that his vote would be based upon that.He believes that a two acre site was a surburban setting conception,and he suggested that this church work with staff to introduce a category in the zoning foran urban church. Mr.Prentiss expressed his feeling that the Code cannot cover every thing that is going to take place,and if they were not considering variances and did not grant some occasionally,there would beno purpose or function for the Board to serve.Therefore,he said that he was going to vote in favor of the request because he felt it was a good step forward and progress. Mr.Hoffmann expressed his concern in that the vote goes down asa yeaornayand the Board could be getting into the situation whereby others could use this request as a precedent.There is nothing on the record to say this church is limited to its growth and there aresuch potential for problems that hewantstostressthathewill voteinfavorsimplyonthebasisofmovingfromone location tothe location next door and would be unlike any future situation of another churchmovingitslocation. Vote:For:5 Oppose:1 (C.C-Y.) This request will go before the City Commission on April 21 for first reading. The City Attorney requested that any date be given asa tentative date or resolution date because he has to receive minutes and prepare resolutions. John Andrews asked ifa decision of this Board createsa precedent that has the same weight as legal precedent asin legal law or consider matters oncasebycase basis.TheCity Attorney responded bydrawing attention to Sections 12-2-4,which addresses variances,and 12-2-b, which addressed special uses.On special use,the Code indicates a recommendation "should bemadeonly after ithasbeen determined that all established special requirements have beenmet and that the use willnot create any incompatible relationships with other uses inthe area".Regarding variances,the Code says,"Recommendations for a vari ance shall be made only when it is necessary to relieve particular hardships or extraordinary conditions relating toa specific property, and when the strict application ofa particular regulation would result in peculiar and exceptionalhardship upon the owner ofsuch property. Therefore,thisBoardaddresses o.i acasebycasebasis.Ifanother applicant wereto demonstrate factually similar circumstances and makethesamerequestandbe denied,thenthematteroftheBoardor theCommissionhavingactedinacertainwaywouldthenmakeadiffer ence in a court of law. PUBLIC HEARING:KEITH DOMINION CHURCH PLANNING BOARD MARCH 31ST,1987 C.Public Hearing No.87-004 -Keith Dominion Church -Requesting a Special Use Permit for a church in RM-18 District,a variance to occupy a lot with less than two acres,a variance to permit less than 40%of land scaping,and a variance to permit less than 17 parking spaces.The location is 6669 S.w.59 Place,South Miami,Florida. Alonzo Walker presented the requests before the Board in behalf of the congregation of the House of God.He stated that their church taitan in existence at an adjacent location for 19 years,and they now wish to purchase and convert this duplex into a church instead of continuing torentastheynowdo.Although they do anticipate growth fromthe approxi mate 16 adult plus children active members they now have,they do not™t!cipate any parking problems as some of the members walkto the church and they have an agreement for parking.Mr.Walker explained that their services are held on Wednesday,Friday,and Sunday mghts.and Sunday morning which are different from the traffic during the work week.He also explained that other churches in the area have services on alternateSundays!Several members of the Board expressed concern over the large difference between the..39 acre site and the required 2 acre site,and Mr Hoffmann asked if there was a possibility of finding a more suitable piece of ground in the area to which Mr.Walker responded that there was notintheSouth Miami area. The Chairman asked if there were anyone present who wished to speak in favor or in opposition to the requests of the House of God church. Mr.Charles Holmes spoke against on the basis of the area being highly trafficked.He is owner of the adjacent property at 5923 and 5929 S.W„ 67 Streeu. The following individuals spoke in favor of this application indicating their feelings that the church would be of great be^f 1J^°^lB^™mlty and their concerns for helping the children and youth with the many problems which confront them:Reverend Robert E.Lee,Marshall J. Harrission,Nanthianel Johnson,and Reverend Melvin Williams. Mr.Hoffmann asked for'a breakdown of members in the South Miami areaandRichmondHeightsareaandalsothecapacityofthe^church versus the old church.Mr.Walker responded that there were six members from Richmond Heights (who had previously lived in the South Miami area)and 4 adults and quite a few children in South Miami.These are a part of the active membership as previously stated,rather than the inactive members.The capacity of the proposed new church will be 75 versus a maximum of approximately 50 in the present location. motion-Richard Prentiss moved thatthey accept the request for a Special Use Permit for a church in the RM-18 District,thatthey approve the variance for a lot less than two acres,permit less than 40%landscaping,and permit less than 17 parking spaces as requested. Christopher Cooke-Yarborough seconded the motion for the purpose of discussion. Mr.Hoffmann asked for Mr.Prentiss1 reasoning on making the motion.Mr. Prentiss responded that one reason would be so thatthey could P"Perly discuss it,and he indicated that he was in favor of the var^nces that any church would probably require a special use so he would consider it almost automatic to grant a special use.As to the size he felt it showed responsibility that the church wanted to go from a rental situation to anownershipsituationandwouldperhapsbeabletogotolargerproperty and he would like to encourage thattype of development.He feels that the variance on the landscaping is a minimal amount.Onthe basis of three per car and the parking,he sees no difficulty with the churchgrowingfrom16to50.'It was explained that the method of ^termxningseatinicapacitywasonthebasisofsquarefootageofthestructure,and Mr.Walker's estimate of a possible 75 was only his feeling and not based on established methods. ERPB-STAFF REPORT March 3,1987 EB -87-032 The church congregation has grown over the past years and the existing premises are inadequate. Recommendation Staff would suggest that the Variance request be considered for the following reasons; 1.It is an expansion of a 20 years pre-existing use to an adjacent parcel of land. 2.This is a permitted use within the RM-18 zone under a Special Use Permit. However^this property does not meet the2Acre minimum requirement. 3.There is broad based community support for the Church expansion,as indicated bythe468 signatures of support onthe petition. 4.This is a non-profit religion activity which would have continued positive impact onthearea. 5.Theuse is compatible with the neighborhood,being that there are different smallchurchesexistinginthesurroundingarea. 6.The existing facility does create a hardship for the Congregation in that itis not of sufficient size. 7.Staffwouldalso suggest that the granting of the Special UsePermitwith therequestedvariances,wouldnotconstituteagrantingof convenience, profitorcaprice. •a::i.Hr.Vf.M 3 (6mrral Affiitauit Sintr of J"lorioa, Conmy of 1>A6€\ \U„,C |/,r .,.../,.„../.„„..(Lor ,!„!s ,„,„„J(lfI||,v ,/„./u„.s 0f Flor.do on this :i\vl i *{>£/;>i "•o'i-).'/\apfcoied ic/io Inn iny boon firvl </u/\5U'u-n depose coj juv X /)rr.>~'/l^V Dc r!.€<&...By ...G.^.c.p.fOsg/ox eg.G-.~3:v\.£....^E^3.C*/....o.e. ."f.V^...YV9.^E of G©b....Cv\ujec.>4.40$3?tt€.x.^... ...Sut.iT.Tt.VvS.E \<sf.h^h^.^J..'Bgfcfe.&ty ...AM.1 S.^....5<i..e.C.A.c.e...l Soutt.k IAaA^JRA. ....LfcOfc .\.CL }...\}^P.C&...£....kf^.^ /7->A ••' .£*&.....TV^.k 3u«-&.ftS.£Q9.fVb.^Ax>.P.i0..ft\ ..?Afc.£\.»Q<b»3>.u£..\.!v).jfc .^us.k.Ay.i\$.b....&r*.i.<L. ..CAu&<k S£^o.;.c£s \£££*!&.£.&.* .^^f^^r:...^fe^*t. 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