06-01-04 Item 10SouT�
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To: Honorable Mayor & Date: June 1, 2004
City Commissioners
ITEM No: 110
From: Maria V. Davis Re: Special Use Approval
City Manager Social Service Facility
5788 Commerce Lane
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20 -5.8
OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO
PERMIT A WAREHOUSE TO BE USED AS A STORAGE FACILTY BY A
SOCIAL SERVICE AGENCY (FELLOWSHIP HOUSE) ON PROPERTY
LOCATED AT 5788 COMMERCE LANE, WITHIN THE "TODD (LI -4)" TRANSIT
ORIENTED DEVELOPMENT DISTRICT (LIGHT INDUSTRIAL 4) ZONING USE
DISTRICT: PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT'S REQUEST:
The applicant, Morris Investment Propoerties, is requesting a Special Use Approval to use a warehouse
building as a records storage facility for a social services agency tenant (Fellowship House) at the above
referenced location. A social service agency is permitted in the "TODD(LI -4)" zoning district as a special
use. The Fellowship House currently operates a social service agency using buildings located at 5748
Commerce Lane, and 5711 S. Dixie Highway / Progress Road.
BACKGROUND
The City Commission at its May 20, 2003 meeting adopted Ord. 9 -03 -1793 which amended the Land
Development Code's Permitted Use Schedule as it pertains to social service agencies. At that time these
agencies were a permitted use (a matter of right) in all of the city's commercial zoning districts. The
consideration of a change was in response to concerns over the location and continuing expansion of
Fellowship House in the industrial area. It was agreed that the location and / or expansion of all social
service agencies warranted additional scrutiny. The Permitted Use Schedule was then amended by
placing social service agencies in the "S ", Special Use category in all of the city's commercial zoning
districts. This amendment now requires that new locations for social service agencies must go through the
special use process requiring public hearings and approval of the City Commission.
REGULATIONS APPLICABLE:
Section 20-3.4(A) of the LDC provides that special uses must be approved by the City Commission after
a public hearing and receipt of a recommendation from the Planning Board. The overall purpose is to
determine the compatibility of the proposed use with the surrounding neighborhood.
A proposed special use must comply with the general special use requirements set forth in Section 20 -5.8
Special Use Approval
June 1, 2004
Page 2
which state that the use: (a) will not adversely affect the health or safety of persons residing or working in
the vicinity of the proposed use; (b) will not be detrimental to the public welfare or property or
improvements in the neighborhood; and, (c) complies with all other applicable Code provisions.
STAFF OBSERVATIONS:
(1) The applicant's letter of intent states that the building will be used strictly for the storing of client
records as required by new Federal regulations. In addition the applicant indicates the number of
clients served at the Commerce Lane location will decrease.
(2) The proposed location is part of an existing one story building containing a number of individual
industrial units. The spaces on each side of the proposed storage facility (Unit # 5) are occupied by a
printer and an automotive repair establishment. A total of 1533 square feet of gross floor area will be
used by the agency at this location. The building also faces Progress Road.
(3) The proposed use would be strictly limited to a warehouse and storage use which requires (1) parking
space for each 1000 sq. ft. of gross floor area thereby resulting in a requirement of 2 parking spaces.
The submitted site plan is showing 2 on- site spaces located in the front paved area thus meeting the
applicable parking requirement.
(4) The proposed use is located in an area dominated by automotive repair and other light industrial type
businesses. The use as a storage warehouse is appropriate, however, any additional use such as offices
or providing services to clients should not be permitted.
PLANNING BOARD ACTION
The Planning Board at its May 11, 2004 meeting approved a motion recommending that the subject
special use application be approved with the following conditions:
(1) The use of the property is to be limited to records storage only and may not be used for
administrative office space or as a location for the provision of social services to clients;
(2) If the subject storage facility is, in the future, determined by the Director of Planning , to be
adversely affecting the health or safety of persons residing or working in the vicinity of the
proposed use, to be detrimental to the public welfare or property or improvements in the
neighborhood, or to be not in compliance with other applicable Code provisions, the special
use approval may be modified or revoked by the City Commission upon notification and
public hearing.
The motion was approved by a vote of five to one.
RECOMMENDATION:
The proposed use will not adversely affect the health, safety of persons working or residing in the
vicinity; will not be detrimental to property in the neighborhood; and complies with all other applicable
Code provisions. It is recommended that the special use application to use a warehouse building at 5788
Commerce Lane as a records storage facility for a social services agency (Fellowship House) be
approved with the conditions as suggested above by the Planning Board.
Attachments:
Draft resolution
Application
Location Map
Letter of intent
Property survey
Site Plan
Special Use Approval
June 1, 2004
Page 3
Copies of Public notices
MD /DOD /SAY�J
E: \PB \PB Agendas Staff Reports 004 Agendas Staff Reports \5- 11- 04 \PB -02 -006 Special Use Fellowship Report.doc
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RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION
20 -5.8 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE
APPROVAL TO PERMIT A WAREHOUSE TO BE USED AS A STORAGE
FACILTY BY A SOCIAL SERVICE AGENCY ( FELLOWSHIP HOUSE) ON
PROPERTY LOCATED AT 5788 COMMERCE LANE, WITHIN THE "TODD
(LI -4)" TRANSIT ORIENTED DEVELOPMENT DISTRICT (LIGHT
INDUSTRIAL 4) ZONING USE DISTRICT: PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Morris Investment Partnership, on behalf of its tenant Fellowship House, has
submitted an application for a special use to allow a warehouse building to be used as a records storage
facility for a social service agency in the "TODD (LI -4) ", Transit Oriented Development District (Light
Industrial -4) zoning district specifically at 5788 Commerce Lane; and
WHEREAS, a social service use is allowed as a special use in the "TODD (LI -4) ", Transit
Oriented Development District (Light Industrial -4) zoning district; and
WHEREAS, the approval of a special use requires a recommendation from the Planning Board
and the approval of the City Commission after a public hearing; and
WHEREAS, on May 11, 2004 the Planning Board, after public hearing, voted 5 ayes 1 nay to
recommend approval of the special use request; and
WHEREAS, the Mayor and City Commission of the City of South Miami desire to accept the
recommendation of the Planning Board.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, FLORIDA:
Section 1: That an application for special use to allow a warehouse building to be used as a records
storage facility for a social service agency in the "TODD (LI -4) ", Transit Oriented Development District
(Light Industrial -4) zoning district specifically at 5788 Commerce Lane is hereby approved subject to the
following conditions:
1) The property at 5788 Commerce Lane is to be limited to records storage only and may not be used for
office space or as a location for the provision of social services to clients;
Page 1 of 2
1
2 2) If the subject storage facility is, in the future, determined by the Director of Planning , to be
3 adversely affecting the health or safety of persons residing or working in the vicinity of the
4 proposed use, to be detrimental to the public welfare or property or improvements in the
5 neighborhood, or to be not in compliance with other applicable Code provisions, the special use
6 approval may be modified or revoked by the City Commission upon notification and public
7 hearing.
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10 Section 2: This resolution shall be effective immediately after the adoption hereof.
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14 PASSED AND ADOPTED this _, day of , 2004
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17 ATTEST: APPROVED:
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20 CITY CLERK
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23 READ AND APPROVED AS TO FORM -
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28 CITY ATTORNEY
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MAYOR
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper
Commissioner Sherar:
Page 2 of 2
City of South Miami
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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: =` Lot(s)1 2 -1 9 Block 9 Subdivision Townsite
5788 Commerce Lane, South Miami, FL PB 2 + 1-Q5 of Larkins
Meets & Bounds: See Attached Survey
Applicant: Morris Investment Partnership Phone:
Representative: W. Tucker Gibbs, Esq." Organization:
Address: 215 Grand Ave. Phone: 305-
448 -8486
Coconut Grove, FL 33133
Property Owner: Morris Tnvestment Partners hi Signature:
Mailing Address: 2263 S.W. 37 Ave., PH -1 Phone: 305- 448 -2021
Miami FL 33145 -3009
Architect/Engineer: Wayne E. Dennis Phone: 305-661-0711
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:
PLEASE CHECK ALL THAT APPLY:
_ Text Amendment to LDC !Variance
XX Letter of intent -
— Zoning Map Amendment XX Special Use
e Justifications for change
_ PUD Approval — Special Exception
- Statement of hardship
_ PUD Major Change _Other
XX Proof of ownership or letter from owner
v Power of attorney
Briefly explain application and cite specific Code sections:
_ Contract to purchase
XX Current survey (1 original sealed and
to permit a warehouse facility to be used
as a storage facility by its social service
signed /1 reduced copy @ 11 "x 17 ")
XX 15 copies of Site Plan and Floor Plans
ten-a-KT.
This request is pursuant to Sec. 20 -3. 3 (D)
1 reduced copy@ 11 "x 17"
XX 20% Property owner signatures *'
iff e a eve opmen gu a ions .
Section .2 0 Subsection: 3. 3 Page #: Amended Date:
XX Mailing labels (3 sets) and map
XX Required Fee(s) -
0
The undersigned has read this completed a plication and represents that the information and alRosu-bmrtfied materials are true and
co ect to the best of the applicant's knowledge and belief
e/ ,
Applicant's Sign re and title Date
Date
Upon receipt, application 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
5961
6461: 6420
6505 .500
0
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City of South Miami
PB -04 -006 Special Use Request
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W. TUCKER GIBBS
ATTORNEY AT LAW
215 GRAND AVENUE
P.O. Box 1050
COCONUT GROVE, FLORIDA 33133
TELEPHONE (305) 448 -8486
FACSIMILE (305) 448 -0773
April 9, 2004
R. Don O'Donniley
Planning and Zoning Director
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Re: Application for Special Use Permit, 5788 Commerce
Lane, South Miami, Florida 33143
—Dear Mr.'' O' Donniley.
I represent Morris Investment Partnership, the owners of
the referenced property. The property is currently zoned
TODD (LI -4) and my client is seeking a Special Use Permit
to permit the use of a warehouse facility by its social
service agency tenant, Fellowship House, for a records
storage facility.
According to Section 20- 3.3(D) of the Land Development
Code, the use by Fellowship House of this site for the
storage of records is subject to city commission approval.
This facility is for the purpose of storing client records
pursuant to federal regulations. This application will not
result in the increase of the number of clients served in
the Commerce Lane location of Fellowship House. In fact,
Fellowship House is seeking to reduce its South Miami
client base. Currently the daily census of 426 clients is
split between two programs - one has 306 members and the
other has 120 members. The 120- member program will shift to
another location within the next twelve months resulting in
a permanent reduction of 120 clients at the Commerce Lane
location.
The grant of this Special Use Permit will allow Fellowship
House to meet federal records retention and storage
regulations. It will permit the use of this property as a
storage facility serving the needs of a long -time social
service agency in the City of South Miami.
Members of the Fellowship House staff and F are available
to provide you and your staff any additional information
you may require in your review of this application.
Thank you for your assistance.
Sincerely,
W. Tucker ibbs
enclosures
cc: Morris Investment Partnership
Publio Santana, President /CEO, Fellowship House
John Giampaolo, Vice President /Administration,
Fellowship House
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, May 11, 2004
City Commission Chambers
7 :30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:39 P.M.
Action: The Pledge of Allegiance was recited in unison.
II. Roll Call.
Action: Mr. Morton, Chairperson, requested a roll calla
Board members present constituting a quorum: Mr. Morton, Ms. Yates, Ms. Gibson, Mr.
Liddy, Mr. Comendeiro and Mr. Mann.
Board members absent: Mr. Illas.
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis ( Planning
Consultant), Brian Edney (Video Support), and Patricia E. Lauderman (Planning Board
Secretary).
IV. Planning Board Application / Public Hearings
PB -04 -006
Appiicant: Morris Investment Partnership
Location: 5788 Commerce Lane
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO
SECTION 20 -5.8 OF THE LAND DEVELOPMENT CODE FOR A SPECIAL
USE APPROVAL TO PERMIT A WAREHOUSE TO BE USED AS A
STORAGE FACILTY BY A SOCIAL SERVICE AGENCY (FELLOWSHIP
HOUSE) ON PROPERTY LOCATED AT 5788 COMMERCE LANE,
WITHIN THE "TODD (LI -4)" TRANSIT ORIENTED DEVELOPMENT
Planning Board Meeting
May 11, 2004
Page 2 of 6
DISTRICT (LIGHT INDUSTRIAL 4) ZONING USE DISTRICT:
PROVIDING FOR AN EFFECTIVE DATE.
Board member, Mr. Comendiero wanted to state for the record that the company he works
for at one point in the past was a vendor the Fellowship House. The company is no longer
a vendor for them anymore. He wanted to inform staff, in case that would pose a problem
with the item. Planning staff present responded that was not a problem.
Action: Mr. Morton read the item into record and Mr. O'Donniley presented the staff
report. He explained that the applicant is requesting a Special Use Approval to use a
warehouse building as a records storage facility for a social services agency tenant
(Fellowship House) at the above referenced location. A social service agency is permitted
in the "TODD (LI -4)" zoning district as a special use. The Fellowship House currently
operated a social service agency using buildings located at 5748 Commerce Lane, and
5711 S. Dixie Highway/ Progress Road.
Mr. O'Donniley summarized some background information that is relevant to this item.
The City Commission at its May 20, 2003 meeting adopted Ord. 9 -03 -1793 which
amended the Land Development Code's permitted Use Schedule as it pertains to social
service agencies. At that time these agencies were a permitted use (a matter of right) in all
of the city's commercial zoning districts. The consideration of a change was in response to
concerns over the location and continuing expansion of Fellowship House in the industrial
area. It was agreed that the location and / or expansion of all social service agencies
warranted additional scrutiny. The Permitted Use Schedule was then amended by placing
social service agencies in the "S ", Special Use category in all of the city's commercial
zoning districts. This amendment now requires that the new locations for social service
agencies must go through the special use process requiring public hearings and approval of
the City Commission.
In addition, he informed that the applicant's letter of intent states that the building will be
used strictly for the storing of client records as required by new Federal regulations. Also,
the applicant had indicated the number of clients served at the Commerce Lane location
would decrease. He also stated that the proposed use would be strictly limited to a
warehouse and storage use, which requires (1) parking space for each 1000 sq. ft. of gross
floor area thereby resulting in a requirement of 2 parking spaces. The submitted site plan
showed 2 on -site spaces located in the front paved area thus meeting the applicable parking
requirement. Furthermore, the proposed use is located in an area dominated by automotive
repair and other light industrial type businesses. The use as a storage warehouse is
appropriate, however, any additional use such as administrative offices or providing
services to clients should not be permitted.
Mr. O'Donniley advised staff would recommend approval of the application with the
following conditions: (1) the use of the property is to be limited to records storage only and
may not be used for administrative office space or as a location for the provision of social
services to clients; and (2) if the subject storage facility is, in the future, determined by the
Director of Planning, to be adversely affecting the health or safety of persons residing or
Planning Board Meeting
May 11, 2004
Page 3 of 6,
working in the vicinity of the proposed use, to be detrimental to the public welfare or
property or improvements in the neighborhood, to be not in compliance with other
applicable Code provisions, the special use approval may be modified or revoked by the
City Commission upon notification and public hearing.
Representative for applicant: Andrew Dickman, Esq. 9111 Park Drive
At this point, Mr. Morton opened the public hearing.
Speakers: NAME ADDRESS
Mr. David Tucker, Sr 6556 SW 78 Terr. Supported application
Mr. Scott Finley 5752 Progress Rd. Opposed application
During the discussion, a citizen Mr. Finley raised a discrepancy in regards to the correct
unit #. used for storage. After clarification with the Board, staff, and applicant's
representative it was determined that the building unit identified as the storage area was not
Unit #3, although the address was correct. Chairman Mr. Morton raised a question about
the two trees in the back alley and if they are needed there. The applicant's representative
responded that, trees were proposed and that they were willing to work with staff on
determining the best location or no location for those trees. In addition, the applicant
would provide to planning staff corrected plans, which would include the address and Lot
# for the property and the correct Unit #.
Motion: Mr. Liddy moved and Mr. Comendiero seconded a motion to approve the
application subject to the submission of corrected plans and subject to the following
conditions:
1) The property at 5788 Commerce Lane is to be limited to records storage only
and may not be used for administrative office space or as a location for the
provision of social services to clients;
2) If the subject storage facility is, in the future, determined by the Director of
Planning, to be adversely affecting the health or safety of persons residing or
working in the vicinity of the proposed use, to be detrimental to the public welfare
or property or improvements in the neighborhood, or to be not in compliance with
other applicable Code provisions, the special use approval may be modified or
revoked by the City Commission upon notification and public hearing.
The motion was approved by the following vote: Ayes 5 Nays l (Mr. Mann)
DOD /SAY
E: \Comm Items\2004 \6- 1- 04\Excerpt PB 5 -11 -04 fellowship.doc
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V, FERBEYRE, who on oath says that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI - PUBLIC HEARING - MAY 11, 2004
ITEM: (A) PB -04 -006
in the XXXX Court,
was published in said newspaper in the issues of
04/30/2004
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County
Florida, each day (except Saturday, Sunday and Legal Holidays)
and. has. been entered as second class mail matter at the post
_office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, comet' sion or refund for the purpose
of securing thrs�adve ' ment for publication in the said
newspaper/ /�
Sworn to and subscribed before me this
30 , tl' a A.D. 20
(SEAL) Marla 1. Mesa
My Commission M29M
O.V. FERBEYRE personal gQe 04r 2008
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