03-02-04 Item 14CITY OF SOUTH MIAMI
To: Honorable Mayor, Vice Mayor & Date: March 2, 2004
Commission Members
ITEM No.
From: Maria Davis RE: LDC Amendment
City Manager Permit Office Use in GR District
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20- 3.3(D)
ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW BUSINESS
AND PROFESSIONAL OFFICES AS A PERMITTED USE IN THE "GR" GENERAL
RETAIL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
►I TA _ 1
The applicant Mr. David Hill, an owner of several properties located on S. Dixie Highway in South
Miami, is requesting the City to amend the Permitted Use Schedule of the Land Development Code to
include "office, business and professional " as a permitted use in the "GR ", General Retail Use District.
The application package submitted refers to the specific addresses of 6400 -6428 South Dixie Highway on
which site the applicant wishes to construct a new office /retail building. The location is within a "GR"
zoning use district. It is important to note that the submitted application is a general text amendment to
the Land Development Code, and is not site specific. If the proposed amendment is approved, it would be
applicable to all properties located in GR zoning use districts.
STAFF OBSERVATIONS
(1) The uses allowed in the GR district are included in the Permitted Use Schedule (Section 20- 3.3(D),
which is a listing of what uses are permitted in each of the City's 26 zoning use districts. There are
currently over 70 separate commercial (permitted and special) uses allowed in the GR zoning use
district (see Attachment Commercial Uses Permitted in GR).
(2) At present, business and professional offices are permitted uses in the RO, LO, MO, SR, TODD(MU-
4), TODD(MU -5) and the TODD (LI -4) zoning districts.
(3) It is important to note that prior to 1990 the City's Land Development Code did permit business and
professional offices in the "GR" General Retail zoning district. In August, 1990, as part of an overall
adjustment of the Permitted Use Schedule, office uses was eliminated as a permitted use in that zone.
The staff could not find an explanation as why that particular change was made.
LDC Amendment
Permitted Use
March 2, 2004
(2)
(4) During the period 2002- 2003, the City's Permitted Use Schedule was comprehensively reviewed by
the City's Zoning Task Force, which recommended a number of changes to the types of uses
permitted in each zoning district. The Task Force's Permitted Use Subcommittee noticed that office
use was not permitted in the GR zone and in its January, 2003 final report recommended a revision
allowing office uses as a permitted use in the GR zone.
(5) The City's "GR" General Retail District covers property located on heavily traveled major arteries (S.
Dixie Highway, Bird Road). In the contemporary urban community, the concept of mixed use
including offices is desirable and is actually mandated for downtown streets, as well as major arterial
streets. The placement of office uses in the "GR" district is an appropriate amendment to the LDC.
PLANNING DEPARTMENT RECOMMENDATION
The Planning Department recommended that the request to amend the Land Development Code's
Permitted Use Schedule to allow Office, Business and Professional as a permitted use in the GR,
General Retail Use District be approved.
PLANNING BOARD ACTION
The Planning Board conducted a public hearing on the application at its January 13, 2004 meeting.
During the discussion it was suggested by several speakers that the amendment should contain a provision
requiring retail use on the ground floor of any office building in the GR zoning district. The Planning
Board adopted a motion to approve the application to allow professional office buildings in the GR
zoning use district with the condition that 50 % of the ground floor square footage must be retail uses.
The motion was approved by the following vote: 4 ayes 2 nays (Mr. Mann, Mr.Illas)
RECOMMENDATION
It is recommended that the request to amend the Land Development Code's Permitted Use Schedule to
allow Office, Business and Professional as a permitted use in the GR, General Retail Use District be
approved. The Administration concurs with the Planning Board suggestion of mandating retail as part of
the ground floor of office buildings in the GR zone.
Attachments
Proposed Ordinance
Application
Applicant's Letter of Intent
Uses Permitted in GR
Planning Board meeting Excerpt 1 -13 -04
Public notices
MD/DOD /SAY
E: \Comm Items\2004 \3- 2- 04\PB -03 -023 LDC Amend Offices in GR.doc
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ORDINANCE NO.
ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY
OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20-
3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW
BUSINESS OR PROFESSIONAL OFFICES AS A PERMITTED USE IN THE "GR"
GENERAL RETAIL DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING
FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Application No. PB- 03 -023 was submitted to the Planning and Zoning Department by
Mr. David Hill, said application requesting that Section 20- 3.3(D), Permitted Use Schedule of the City's
Land Development Code, be amended to include business and professional offices as a permitted use in
the "GR" General Retail Use Districts; and
WHEREAS, after review, the Planning and Zoning Department recommended amending Section 20-
3.3(D) "Permitted Use Schedule," of the City's Land Development Code to permit business and
professional offices as a permitted use in the "GR" General Retail Use Districts; and
WHEREAS, on January 13, 2004, after a Public Hearing regarding the proposed amendment to
Sections 20- 3.3(D) , the Planning Board approved a motion by a vote of 4 ayes 2 nays recommending
that business and professional offices be included as a permitted use in the "GR" General Retail Use
Districts with a requirement of retail uses at the ground floor; and
WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and
enact the aforesaid amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1 That Section 20- 3.3(D), entitled, "Permitted Use Schedule," of the South Miami Land
Development Code is hereby amended to read as follows:
Section 20 -3.3 (D) Permitted Use Schedule
BUSINESS AND PROFESSIONAL SERVICES
Office, Business or Professional
P
P
P
P
ZONING
P
P
DISTRICT
10
R
L
M
N
S
G
T
T
T
T
T
H
P
P
C
P
O
O
O
R
R
R
O
O
O
O
O
I
R
O
A
D
D
D
D
D
N
R
USE TYPE
D
D
D
D
D
D
K
M
M
L
P
P
U
U
I
I
R
4
5
4
BUSINESS AND PROFESSIONAL SERVICES
Office, Business or Professional
P
P
P
P
P
P
P
P
10
* 50% of ground floor square foot age must be retail uses.
(NOTE: New wording in bold - underlined)
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(2)
Section 2 All ordinances or parts of ordinances in conflict with the provisions of this ordinance are
hereby repealed.
Section 3. 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. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this day of , 2004
ATTEST: APPROVED:
CITY CLERK MAYOR
1" Reading -
2nd Reading -
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
E: \Comm Items \2004 \3- 2- 04\PB -03 -023 LDC Amend Ordinance.doc
COMMISSION VOTE:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
F SATURDAY, FEBRUARY 21, 2004 1 SB
........................
Maria M. Menendez
City Clerk
City of South Miami
Pursuant to Florida Statutes 285.0105, the City hereby advises the public that if a
person decides to appeal any decision made by this Board, Agency or Commission
with respect to any matter considered at its meeting or hearing, he or she will need
a record of the proceedings, and that for such purpose, affected person may 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.
-- _ ----City-of-South-Miami----
Planning & Zoning Department
® City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 666 -4591
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: • a Lot(s)
Block Subdivision
PB
Meets & Bounds: 4�(v
4 k k
Applicant: Phone:
4 ' S- I r?
Representative- `!Z>,,,,,,`'t�, WAk Organization:
Address: L�`' `'° 7
Phone:
M, Aik�,r R n1143 3OT-
Ur-61,717
Property Owner: A„ b ; tt C� Signature:
Mailing Address: &,1U,;, xd Phone:
,
Ki/
Architect/Engineer: Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
Owner _Owner's Representative Contract to purchase _Option to purchase _Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM:
X Text Amendment
PLEASE CHECK ALL THAT PPLY:
to LDC _Variance
V"Letter of intent
—Zoning Map Amendment — Special Use
_
/Justifications for change �^
_ PUD Approval _Special Exception
_ Statement of hardship )C
— PUD Major Change _Other
_ Proof of ownership or letter from owner
_ Power of attorney -
Briefly explain application and cite specific Code sections:
e Contract to purchase X
_ Current survey (1 original sealed and X
c S C. � 0—se
signed /1 reduced copy @ 11" x 17 ")
15 copies of Site Plan and Floor PlansY
�® a, , +
1 reduced copy @ 11" x 17" - X
— 20% Property owner signatures
Section: Subsection: Page #: Amended Date:
_ Mailing labels (3 sets) and map X
_ Required Fee(s) �_
The undersigned has read this completed application and represents that the information and all submitted materials are true and
correct t the bes"if a applica s. wledge and belief.
G
Applicant's Signature and title
Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed Date of PB Hearing Date of Commission
Petition' Required Petition Accepted
Method of Payment
8/2/00
Letter of Intent:
I, David Hill, am the owner of South Miami Radiator at 6400 South Dixie
Highway, as well as the property owner of Crank -N- Charge at 6428 South
Dixie Highway,
My letter of intent is to develop the above properties for the use of retail and
office spaces. My plans are for a 10 -14 thousand square foot, beautiful new,
two -story building, This property change will improve and enhance the
appearance of the South Miami area.
I am asking the City of South Miami for a text amended to LDC. This will
allow me, upon approval, to do this forthcoming project.
Thank you for your consideration in this matter,
Sincerely,
i�
David Hill
Property Owner
Reference: Section 20- 3.3(D)
PERMITTED COMMERCIAL USES IN "GR" DISTRICT
Air Conditioning Sales & Services
Animal Hospital or Veterinarian (S)
Antique or Curio Shop
Automobile Accessories & Parts (S)
Automobile Dealer (S)
Automobile Rental Agency
Bait & Tackle Shop
Bakery
Beauty or Barber Shop
Bicycle Sales & Services
Boat Dealer (S)
Book or Stationery Store
Bowling Alley or Skating Rink (S)
Bus, Transit or Taxi Terminal
Business Machine Sales & Services
Camera & Photo Supply Store
Carpeting or Flooring Sales
Clothing or Apparel Store (new only)
Confectionery or Ice Cream Parlor
Consumer Electronics or Music Store
Cosmetics Store
Counseling Services
Dairy Products Store
Deli
Department or Dry Goods Store
Drinking Place
Drug, Pharmacy or Sundry Store
Dry Cleaning Substation (no processing)
Dry Cleaning Plant (S)
Fabric or Drapery Shop
Florist
Gasoline Service Station (S)
Grocery Store (over 4,000 sf gfa)
Gift, Novelty or Souvenir Shop
Glass and Mirror Sales & Services
Hardware Store
Hobby, Toy or Game Shop
Household Appliance Store
Home Furniture or Furnishings Store
Jewelry Store
Lawn & Garden Supplies
Lawnmower Sales & Services
Lighting Fixtures Store
Liquor Store
Mail & Parcel Center
Massage Therapist
Mobile Automobile Wash/Wax Service (S)
Motorcycle Dealer (S)
Office Supplies
Paint Glass & Wallpaper Store
Parking Lot, Commercial
Pet Sales or Grooming Services
Plant Nursery or Greenhouse
Plumbing Shop
Poultry, Meat or Seafood Market
Quick Printing
Radio & TV Broadcasting Station
Recreational Vehicle Dealer (S)
Restaurant, Convenience (S)
Restaurant, General (S)
Sewing, Needlework or Piece Goods Store
Shoe Store
Sporting Goods Store
Tobacco Shop
Used Merchandise Store: Antiques
Used Merchandise Store: Consignment Goods
(S)
Used Merchandise Store: Secondhand Goods (S)
Variety Store
E:\PB\PB Agendas Staff Reports\2004 Agendas Staff Reports \1- 13- 04\PERMITTED USES IN GR DISTRICT.doe
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, January 13, 2004
City Commission Chambers
7:30 P.M.
IV. Public Hearings
PB -03 -023
Applicant: David Hill
Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA RELATING TO A REQUEST TO AMEND THE CITY
OF SOUTH MIAMI LAND DEVELOPMENT CODE, BY REVISING SECTION 20-
3.3(D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO ALLOW
BUSINESS AND PROFESSIONAL OFFICES AS A PERMITTED USE IN THE
"GR" GENERAL RETAIL DISTRICT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN
EFFECTIVE DATE.
Action: Mr. Morton read the item into record and Mr. Youkilis presented the staff report.
Mr. Youkilis explained that the applicant, Mr. David Hill, an owner of several properties
located on S. Dixie Highway in South Miami, was requesting the City to amend the
Permitted Use Schedule of the Land Development Code to include "office, business and
professional" as a permitted use in the "GR ", General Retail Use District. The location is
within a "GR" zoning use district. Mr. Youkilis pointed out that the submitted application
is a general text amendment to the Land Development Code, and is not site specific. If the
proposed amendment is approved, it would be applicable to all properties located in GR
zoning use districts. Staff recommended approval.
Applicant:
Speakers:
David Hill
NAME
Ivonne Beckman
Jay Beckman
Leon Valentine
6400 South Dixie Hwy supported application
ADDRESS
5871 SW 83 St.
6520 SW 65 St.
6551 SW 65 Ave
- opposed application
- opposed application
- opposed application
Several of the speakers stressed the importance of the City preserving retail uses on S.
Dixie Highway and therefore felt that the proposed amendment should be denied, or at
least the regulations should mandate that retail uses had to be placed on the first floor of
any proposed office building.
Motion: Mr. Comendeiro moved to approve the application to allow professional office
buildings with the condition that 50 % of the ground floor square footage must be retail
uses. Mr. Liddy seconded the motion. The motion was approved by the following vote.
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