Ord No 16-21-2406ORDINANCE NO. 16-21-2406
An Ordinance amending the Land Development Code, Article IX. —
Community Service Overlay District
WHEREAS, the Article IX of the Land Development Code, Community Service Overlay
District (CSO), was adopted in 1997; and
WHEREAS, the CSO designation was added to a number of properties in the RS-4 zoning
district between SW 67th Street, SW 62"d Terrace, SW 59`h Court, and SW 62"d Avenue; and
WHEREAS, the CSO is intended to provide for the special needs of community -based
service providers; and
WHEREAS, single-family dwellings were permitted -by -right on the CSO properties
provided that they were under the ownership, management and control of a defined community
service provider; and
WHEREAS, community service provider was defined by Article IX as those existing
institutions whose main buildings or structures were located within the CSO as of the adoption
date of the article; and
WHEREAS, this restriction prevents a private individual from developing a CSO property
with a single-family house; and
WHEREAS, this restriction on single-family residences no longer serves a valid
governmental purpose and is limiting the development of new housing in the area; and
WHEREAS, after a public hearing on July 13, 2021, the Planning Board unanimously
approved the portion of the ordinance that addressed the development of single-family residences
but requested that the changes regarding places of public assembly be removed and a separate
ordinance prepared and presented; and
WHEREAS, the City Commission desires to amend Article. IX Community Service
Overlay District.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The foregoing recitals are hereby ratified and incorporated by reference as
if fully set forth herein and as the legislative intent of this Ordinance.
20-9.1 Purpose and intent.
It is the purpose and intent of this section to promote the health, safety, community -acceptable
standards of morals and general welfare of the residents of the City of South Miami through the
Page 1 of 4
Ord. No. 1 6-21-2406
stated regulations of this section. The Community Services overlay zoning district is intended to
provide 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 and, specifically, to
permit parking lot improvements, outparcel development, day care center facilities and building
additions for those properties under the sole ownership of community -based service providers,
such as churches, mosques, synagogues, or temples. Avellin s, single-family may be developed
by either community service providers or non -community service providers, including_ private
individuals or for -profit entities.
20-9.6 Permitted uses and special uses.
(A) The uses listed below are permitted by right within the district and are applicable to both new
and existing buildings, including accessory structures and accessory uses.
Permitted Use by Right
Required Parking Spaces
Church, temple orsynagogue
1 per 3 seating spaces
Community residential home* 6 persons or
less
2 per dwelling unit
Day care center* 7 children or more
1 per 250 gross square feet
Dwelling, single-family*
As specified in Sec. 20-
3.3 D and 20-4.4 B
Park or playground, public or private
None
*under the ownership, management and control of a defined community service provider.
(B) The uses listed below are permitted via special use approval. Applicants shall follow the
procedures established for special uses, as set forth in subsections 20-5.8(B) through (F), and
shall follow those procedures for the required public hearings, as set forth in general in
Section 20-5.1 through Section 20-5.6.
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
Section 20-2.3
1 per 250 gross square feet
Funeral home,* per conditions under Section
20-3.4 B 3)
1 per 300 gross square feet
School, elementary or secondary*
1 per 400 gross square feet
School, vocational orspecial programs*
1 per 400 gross square feet
*under the ownership, management and control of a defined community service provider.
Page 2 of 4
Ord. No. 16-21-2406
20-9.7 Dimensional requirements.
The dimensional requirements listed below apply to all uses listed in Sec. 20-9.6, with the
exception of single-family dwellings. Single-family dwellings shall follow the dimensional
requirements for the RS-4 zoning district provided in Sec. 20-3.5.
Minimum lot size (for subdivision only):
Net lot area (square feet) ..... 6,000
Frontage (linear feet) ..... 60
Required build -to lines (for principal structures):
Front street (address side) ..... Property line
Side street (not including alleyways) ..... Property line
Canopies, awnings and arcades may project over existing sidewalk areas
Minimum yard setbacks (for new construction):
Front street (address side) ..... 0.0 feet
Side street (not including alleyways) ..... 0.0 feet
Side street (for alleyways only) ..... 5.0 feet
Side (Interior) ..... 7.5 feet
Rear (Interior) ..... 10.0 feet
Rear street ..... 0.0 feet
Any side adjacent to a single-family residence ..... 25.0 feet
Maximum building height: -,&;
Stories\2
Feet\25.0 feet
Maximum building coverage (0/o)\75
Maximum impervious coverage (0/o)\85
Page 3 of 4
Ord. No. 16-21-2406
Section 4. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final ordinance for signature.
Section 5. Codification. The provisions of this ordinance are to become and be made
part of the City of South Miami Code of Ordinances as amended; the sections of this ordinance
may be renumbered or re -lettered to accomplish such intention; and the word "ordinance" may be
changed to "section" or other appropriate word.
Section 6. 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
will not affect the validity of the remaining portions of this ordinance.
Section 7. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of ordinances in direct conflict herewith are hereby repealed.
Section 8. Effective Date. This ordinance is effective upon enactment.
PASSED AND ENACTED THIS 71h day of SEPTEMBER, 2021.
ATTEST: APPRO ED:
CIT CLERI MAYOR
I" Reading: 8/17/21
2"d Reading: 9/7/21
READ AND APPROVED AS TO FORM,
LANGUAGE, LYQLITY AItiD,.,
0
Page 4 of 4
COMMISSION VOTE: 57-0
Mayor Philips:
Yea
Commissioner Corey:
Yea
Commissioner Gil:
Yea
Commissioner Harris:
Yea
Commissioner Liebman:
Yea
Agenda ftem No:16.
City Commission Agenda Item Report
Meeting Date: September 7, 2021
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
An Ordinance amending the Land Development Code, Article IX. — Community Service Overlay District. 5/5
(City Manager -Planning Dept.)
Suggested Action:
Approval
Attachments:
Cover Memo re CSO definitions etc 08-17-2021CArev XT rev.docx
ORD CSO amendment without public assembly.docx
PB-21-011 Final PB Regular Meeting Minutes Excerpt - 07-13-2021.pdf
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members of the City Commission
VIA: Shari Kamali, City Manager
FROM: Jane K. Tompkins, AICP, Planning Director
DATE: August 17, 2021
SUBJECT:
An Ordinance amending the Land Development Code, Article IX. — Community Service Overlay
District
RArKr;Rnl wn-
The Community Service Overlay (CSO) was established in 1997 to provide for the special needs
of community -based service providers. Several non-contiguous properties in the RS-4 zoning
district between SW 67th Street, SW 62"d Terrace, SW S91h Court, and SW 62"d Avenue were
designated CSO. The map below indicates with orange highlighting the properties that have the
overlay:
2
Community Service Overlay Amendment
August 17, 2021
Page 2 of 2
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While it's not clear from the records, research suggests that the properties were owned at that
time by churches, Miami -Dade County, and other non-profit organizations. The CSO established
dimensional requirements, uses permitted -by -right and by special use approvals that are
different than those typically applicable to RS-4 properties.
Single-family dwellings are permitted -by -right, if they are under the ownership, management and
control of a defined community service provider. Community service provider is defined as an
existing institution whose main buildings or structures were located within the CSO as of the
adoption date of the regulations (1997). A CSO property could not be owned by a private
individual.
A property along SW 64t^ Street is now privately -owned, but because of the CSO restrictions,
cannot be developed with a single-family dwelling. Attorney Simon Ferro has sought support for
3
Community Service Overlay Amendment
August 17, 2021
Page 3 of 2
the proposed text amendment to remove the requirement that single-family homes be owned
by a community -service provider.
ANALYSIS:
The proposed ordinance removes the cumbersome restriction on single-family dwellings and will
facilitate construction of new housing on these vacant lots'. The new home(s) will also be allowed
to follow the dimensional and parking requirements of the RS-4 zoning district, which are less
restrictive than the CSO standards. Initially it was thought that other public assembly uses should
be added but after the Planning Board hearing and further consideration they are not being
added.
PLANNING BOARD RECOMMENDATION:
After a public hearing on July 13, 2021, the Planning Board unanimously recommended approval
of the portion of the ordinance addressing single-family homes.
STAFF RECOMMENDATION:
Staff recommends approval of the ordinance.
Attachments:
9 Draft Ordinance
City Notice of Public Hearing
Legal Ad
Excerpt of Planning Board meeting minutes
' Please note that, due to a quirk in Microsoft Word, in the printed version of the ordinance it appears that the
asterisk next to Dwelling, Single-family in the permitted use table is underlined to indicate it's being added. In
reality the asterisk is being struck -through to indicate its deletion.
2
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, July 13, 2021
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section SA-5, requires that oil lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay on annual fee of
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision, recommendation of someone with the city, including the
city manager, city attorney, department heads, city personnel, or members of the city commission or members of
any city board, concerning a matter that could foreseeably be address by the city commission or a city
board. There are some exceptions and exemptions. The following are not considered to be lobbyist. a
representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at
public meetings, representatives of a neighborhood association without compensation and representatives of a
not -for -profit community based organization for the purpose of requesting a grant who seek to influence without
special compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the
meeting can be found on the city's website (www.southmiamifl.gov).
I. Call to Order
Action: Ms. Bonich called the meeting to order at 7:02 P.M.
Mr. Pepe provided the Board and public with the rules for the meeting.
II. Roll Call
Board Members Present Constituting a Quorum: Ms. Lisa Bonich (Chairperson), Mr. Jay Miller (Vice -
Chairperson), Mr. Orlando Borges, Mr. Lee Jacobs, Mr. Subrata Basu, Ms. Michelle Readon, and Ms.
Guirla H. Dodard.
Board Members Absent: None
City Staff Present: Ms. Shari Karnali (City Manager), Ms. Jane Tompkins (Planning Director), and Mr.
Marcus Lightfoot (Senior Planner/Zoning Administrator).
City Staff Absent: None.
City Attorney: Mr. Thomas Pepe.
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I11. Administrative Matters
1. Introduction of New Planning Board Member
Ms. Bonich introduced the Board to Ms. Michelle Readon and Ms. Guirla H. Dodard, the newly
appointed Planning Board members.
IV. Public Hearings:
1. PB-21-011
Applicant: The City of South Miami
An Ordinance amending the Land Development Code, Article IX. — Community Service Overlay
District.
Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director)
Ms. Bonich read PB-21-011 into the record.
Ms. Tompkins presented the item to the Board.
Mr. Borges asked if properties of religious use were permitted, to which Ms. Tompkins stated yes.
Mr. Miller asked if the proposed changes would grant the American Legion on SW 59th Avenue
the ability to subdivide their property, to which Ms. Tompkins stated no. That property is not
located in the Community Service Overlay (CSO).
Mr. Borges asked if the CSO had boundaries, to which Ms. Tompkins provided the Board with the
boundaries of the CSO.
Mr. Borges asked if the subject lots were the small lots in the area, to which Ms. Tompkins
responded that some of those lots are in the CSO.
Mr. Miller asked if homeowners in the area could sell their property to a developer who would
then subdivide the lots, to which Ms. Tompkins responded no.
Mr. Basu stated that the ordinance only mentions Church, temple, or synagogue. Would other
forms of religion be permitted to build on those lots. Mr. Miller stated that the issue wasn't with
the type of religious use, to which Mr. Basu responded that because the regulations are being
amended to add other types of gathering places, other types of religious organizations should be
added as well. Just because it's a religious organization, doesn't mean that a private club or
banquet hall should be added. Just because it is a gathering place for religious purposes, it doesn't
have to be a gathering place for everything else. Mr. Pepe responded that there cannot be
discrimination between places of public assembly. Mr. Pepe then stated that the overlay is for the
purpose of providing social services within the specified areas and should not be limited to just
religious uses.
10
Mr. Miller asked if the purpose for the ordinance was to give the owner the ability to build single-
family residences on the properties regardless of their status as a community service provider.
Ms. Tompkins responded that that was the basis of the response from Mr. Simon Ferro, whose
client's own property in the CSO. Ms. Tompkins then stated that they are trying to address another
separate issue with the CSO.
Ms. Bonich clarified what the issues were:
• Issue #1: A properties in the CSO used to be owned by a community service organization but
was purchased by a regular private entity so that a house can be built. Currently, the CSO
only permits the construction of a house by a community service organization only. The
proposed change would allow for construction by regular entities.
• Issue #2: The City wants to change the verbiage of what CSO means to include community
organizations that bring people together that aren't a religious use.
After discussing the proposed amendments, Ms. Bonich stated that she would like to hear a
motion that removes Issue 2 from the ordinance so that the Board can focus on reviewing the
amendments that address Issue 1.
The Chairperson opened the floor to public comments on P13-21-011.
• Mr. Simon Ferro: Mr. Ferro explained his client's issue to the Board regarding how the
Ordinance is currently written.
The Chairperson closed the floor to public comments on 1313-21-011.
With no further discussion, the Board made a motion on the item.
Motion: Ms. Bonich moved to strike the language in PB-21-011 that does not specifically address
the request of the homeowner and put together a separate request that will make the change
that the City is looking for. The motion was seconded by Mr. Borges.
Ms. Readon asked where the properties that Mr. Ferro's client were located, to which Mr. Ferro
explained to the Board where they are.
Ms. Readon asked if the lots will comply with the size and square footage requirements, to which
Mr. Ferro responded that the lots would need to comply with the dimensional requirements for
the RS-4 zoning district.
Mr. Basu asked Ms. Bonich to repeat the motion. Ms. Bonich responded that the motion was to
separate the two items so that they could address the one that is specific to the issue that Mr.
Ferro presented which was to change the designation of the lots to just the Single -Family
Residential (RS-4) zoning district. Mr. Basu stated that the request isn't lifting the designation of
the CSO and is instead changing the regulations for the overlay. He then stated that he was not
considering the other part of the ordinance at this time. Ms. Bonich responded that that the Board
is tabling Issue 2 so that the City can come back to the Board with a separate request. Mr. Basu
11
added that the new request should include more inclusive uses than just churches synagogues
and temples.
Mr. Jacobs asked if the properties were never zoned Religious and they were always zoned RS-4,
to which Ms. Tompkins stated yes.
Vote: Yes 7, No 0 (None)
Ms. Readon: Yes
Mr. Miller: Yes
Ms. Bonich: Yes
Ms. Dodard: Yes
Mr. Borges: Yes
Mr. Basu: Yes
Mr. Jacobs: Yes
The motion to approve PB-21-011 was unanimously approved by the Board. Afterwards, Ms.
Bonich stated that the item was amended and approved once the amendment was made.
After the motion, Mr. Basu stated that if an item was specific to certain applicant, they need to
file an application with the City. The City shouldn't be the applicant on behalf of someone else.
The Board then held a brief discussion on the topic posed by Mr. Basu.
V. Public Comments/New Business
The Chairperson opened the floor for public comments and any new business.
Public Comments Section
There were no Public Comments.
New Business Section
There was no business discussed.
The Chairperson closed the floor for public comments and any new business.
VI. Approval of the Minutes
1. Planning Board Regular Meeting Minutes of May 11, 2021:
Motion: Mr. Miller moved to approve the meeting minutes as presented. The motion was
seconded by Ms. Bonich.
Vote: Yes S. No 0 (None)
Mr. Borges: Yes
Ms. Bonich: Yes
Mr. Miller: Yes
Mr. Basu: Yes
Mr. Jacobs: Yes
Ms. Dodard: Abstain
4
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Ms. Readon: Abstain
The motion to approve the meeting minutes was unanimously approved by the Board.
Vll. Future Meeting Date: August 10, 2021
VIII. Adjournment
The meeting was adjourned at 10:18 P.M.
13