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Ord No 02-11-2075ORDINANCE NO. 02-11-2075 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20 -7.51 entitled "Special exceptions" in order to revise the wording in Section 20- 7.51(D) to replace the word "development" with the word "new construction" for the purpose of clarifying when the time limitation begins for development projects which have been granted a special exception in the Hometown Overlay Zone (HD -OV); providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, the City Commission at its September 7, 2010 meeting adopted Ordinance No. 26 -10 -2051 which revised the Section 20 -8.9 (B)(1) Special Exception regulations in the Transit Oriented Development District (TODD) zoning district in response to concerns that there were development projects which received special exception approval from the City but failed to initiate construction and the sites have remained vacant; and WHEREAS, ordinance No. 26 -10 -2051 created a new requirement that development projects granted a special exception in a TODD District must be started within two years and completed within five years, which provision was already in effect in the Hometown Overlay District; and WHEREAS, during the review of the ordinance adding a time limit to the TODD special exceptions, it was agreed that the word "development" was not appropriate since special exceptions could only be granted to new buildings it was agreed to recommend that the word "development' ' be changed to "new construction"; and WHEREAS, the Planning and Zoning Department was required to prepare a separate ordinance amending Section 20 -7.51 (D) Special exception, Hometown District Overlay, to also remove the word "development" and replace it with the word "new construction" which amendment had been placed in the TODD section; and WHEREAS, the Planning Board at its September 23, 2010 meeting after public hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed amendment be approved; 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- 7.51(D), entitled "Special exception" is hereby amended to read as follows: Ord. No. 02 -11 -2075 HOMETOWN DISTRICT OVERLAY Section 20 -7.51 Special exception. "(D) Special exceptions, ifgranted, shall be valid if developffwfft, new construction as commences within twenty feup (24) eighteen months from the date of final approval and is substantially completed within five (5) two 2 years from the date of issuance of the first building permit: The time for substantial completion may be extended by the city commission upon application filed prior to the expiration of the substantial completion period and upon demonstration of good cause. " [new wording shown in bold/underlined: wording to be removed shown in s£FWw4hr1qugh) 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 4th ATTEST: Y CLERK (f lst Reading - 11/16/10 2 °d Reading— 12/7/10 3rd Reading: 1/4/11 READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY day of January 2011 APP��IR��OVED��� ,,�, MAYOW� ( %/t COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea X: \Comm Items\2011 \I -4 -1 ALDC Amend Special Except Hometown Ord revised.doe South Miami CITY OF SOUTH MIAMI 111116F OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: From: Hector Mirabile, Ph.D., City Manager ,t Thomas J. Vageline, Director Planning and Zoning Department Date: January 4, 2011 Subject: An Ordinance of the Mayor and City Commission of the City of South Miami; Florida, amending the Land Development Code Section 20 -7.51 entitled "Special exceptions" in order to revise the wording in Section 20- 7.51(D) to replace the word "development" with the word "new construction" for the purpose of clarifying when the time limitation begins for development projects which have been granted a special exception in the Hometown Overlay Zone (HD -OV); providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND The City Commission at its September 7, 2010 meeting adopted Ordinance No. 26 -10 -2051 which revised the Special Exception regulations in the Transit Oriented Development District (TODD) zoning district. There was considerable concern that there were development projects in the Transit Oriented Development District (TODD) zoning districts which have received special exception approval from the City but failed to initiate construction and the sites have remained vacant. The amendment was necessary because a special exception granted for a project in the Transit Oriented Development District did not have an expiration date. During the review of the ordinance adding a time limit to the TODD special exceptions, it was agreed that the wording being carried over from a similar section in the Hometown District needed to have one word changed. It was felt that the word "development" was not appropriate since special exceptions could only be granted to new buildings. It was agreed to recommend that the word "development" be changed to "new construction ". The Board suggested that this same word change to "new construction" be placed in the similar Hometown District section concerning special exceptions. PROPOSED LDC AMENDMENT It is proposed that the word "development" be changed to "new construction ", the same wording now in affect in the TODD special exception regulation (see attached ordinance). The following wording (shown in bold /underlined) would be added to Section 20- 7.51(D) for the Hometown District: HOMETOWN DISTRICT OVERLAY Section 20 -7.51 Special exception. "(D) Special exceptions, if granted, shall be valid if develepmen�, new construction as defined in Section 380.04, Florida Statutes, commences within twenty-four (24) months from the date of final approval and is substantially completed within five (5) years from the date of issuance of the first building permit. The time for substantial completion may be extended by the city commission upon application filed prior to the expiration of the substantial completion period and upon demonstration of good cause. " (new wording shown in boldlunderlined; wording to be removed shown in- strike-througk PLANNING BOARD ACTION: The Planning Board at its meeting on September 23, 2010 conducted a public hearing and adopted a motion by a vote of S ayes 0 nays recommending approval of the proposed amendment. CITI' COMMISSION ACTION The City Commission at its December 7, 2010 meeting reviewed the subject ordinance on second reading and approved an amendment to the legislation. The amendment reduced the time period as to when a project needed to commence and be completed after being granted a special exception. The City Attorney ruled that the amendment requires a third reading. The revised section now reads as follows: "(D) Special exceptions, ifgranted, shall be valid ifdevelepment; new construction a. min commences within ei hteen X$ months from the date of final approval and is substantially completed within two 2 {�} years from the date of issuance of the first building permit. The time for substantial completion may be extended by the city commission upon application filed prior to the expiration of the substantial completion period and upon demonstration of good cause. " RECOMMENDATION It is recommended that the proposed amendments to Section 20- 7.51(D) as set forth above and in the revised attached draft ordinance be approved. Attachments: Draft Ordinance Ordinance No. 26 -10 -2051 Planning Dept. Staff Report 9- 23 -10 Planning Board Minutes Excerpt 9-23-10 TJV /SAY XAComm (tems1201 111 -4.1 IILDC Amend Special excep in Hometown Revised CM Report.doc ORDINANCE NO. 26-10-2051 An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20 -8.9 entitled "Special exceptions" in order to set a time limit for commencing a development project which has been granted a special exception in a 'Transit Oriented Development District (TODD); providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, The City Commission recently adopted Resolution No.68 -10 -13102 expressing concern that there are development projects in the Transit Oriented Development District (TODD) zoning districts which have received special exception approval from the City but failed to initiate construction and the sites have remained vacant.; and WHEREAS, Land Development Code Section 20 -7.51 Special Exceptions in the Hometown Overlay District (HD"OV) also allows special exceptions (variances) to be granted for development projects, however, the regulations specifically provide that development must be started within two years and completed within five years; and WHEREAS,; Land Development Code Section 20 -8.9 Special Exceptions in the Transit .Oriented Development District (TODD) requires the granting of a special. exception if a project is built on a site in excess of 40,000 square feet, however; there is no time limit for commencing a development project which has been granted the special exception; and WHEREAS, the Planning and Zoning Department has prepared an amendment to Land Development Code Section 20 -8.9 which would provide that the same regulation currently in affect in the hometown District be added to the special exception regulation in the TODD zone; and . WHEREAS, the Planning Board at its June 15, 2010 meeting after public hearing and adopted a motion by a vote of 6 ayes 0 nays recommending approval of the proposed amendment with a minor modification; 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 I. That Section 20 -8.9, entitled "Special exceptions" is hereby amended to read as follows: ARTICLE Vila TRANSIT - ORIENTED DEVELOPMENT DISTRICT Section 20 "8.9 Special exceptions. (A) For those existing uses in this district, any alterations .or additions to those buildings shall be in conformance with the provisions of this Ordinance, however, existing heights of existing buildings and floors may reinain.at current heights and additional floors may be added above in accordance with this ordinance. Existing gas station uses may be pennitted to have a one- time alteration to allow for the addition of additional floors above. Ord. No. 25 -10 -2051 (B) Any site that is in excess of forty thousand (40,000) square feet shall qualify for a large scale development use and must be reviewed by the Planning Board via the special use permit process. L A special exception, if zranted shall be palm new construction, as builtUng _permit The time for substantial completion may be extended by the city commission upon appli'cadon Bled prior to the expirallon of the substantial completion peHod and Won demonstration of good cause. under single ownership may have residential uses on the first floor, however, they are not permitted on the first floor within that portion of the building or development fronting on the front or main street. (C) No single use in the T.O.D.D. Zone shall exceed a gross floor area of eighty thousand (80.,000) square feet, except residential uses." Note: Mew wording shown in boltUunderlined• wording to he removed shown fn.o9vka-R vo e� 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 70 day of September, 2010 ATTEST: APPROVED: CITY YY CLERK MAYOR Isi Reading — 8/17/10 2ne Reading — 9/7/10 READ AND APPROVED AS TO FORM COMMISSION VOTE: 5 -0 AND SUFFICIENCY: Mayor Stoddard: Yea. Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea CITY ATTORNEY To: Honorable Chair and Planning Board Members From: Thomas J. Vageline, Director Planning and Zoning Department South Miami " " = AI!•AMOINCity 'I0' 2001 Date: September 23, 2010 Re: LDC Amendment -TODD Hometown Special Exception PB -10 -027 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20 -7.51 entitled "Special exceptions" in order to revise the wording in Section 20- 7.51(D) to replace the word "development" with the word "new construction" for the purpose of clarifying when the time limitation begins for development projects which have been granted a special exception in the Hometown Overlay Zone (HD -OV); providing for severability; providing for ordinances in conflict; and providing an effective date. .BACKGROUND The City Commission at its September 7, 2010 meeting adopted Ordinance No. 26 -10 -2051 which revised the Special Exception regulations in the Transit Oriented Development District (TODD) zoning district. The amendment was necessary because a special exception granted for a project in the Transit Oriented Development District did not have an expiration date. There was considerable concern that there were development projects in the Transit Oriented Development District (TODD) zoning districts which have received special exception approval from the City but failed to initiate construction and the sites have remained vacant. The adopted ordinance used the same language that already was in effect for special exceptions within the Hometown Overlay District (HD -OV) which have received special exception(s) approval. Attached is a copy of the City Manager's report (dated 8 -3 -10) on the subject and the adopted ordinance. The Planning Board recommended approval of the ordinance at its June 15, 2010 meeting, after a public hearing. During that hearing it was recommended by several members that the Hometown District regulations needed a minor adjustment in order to clarify exactly when the time period would expire. The Board was advised that the ordinance under consideration at that time did not refer to the Hometown Overlay zoning district Staff recommended that a follow -up ordinance be brought back to the Board at a later meeting. 2 EXISTING LDC REGULA'T'IONS As stated above the Hometown Overlay District (HD -OV) allows special exceptions (i.c. variances) to be granted for development projects after public hearings by the Planning Board and City Commission. The regulations also require that development must be started within two years and completed within five years. This provision (Section 20 -7.51) in the Hometown Overlay District reads as follows: HOMETOWN DISTRICT OVERLAY Section 20 -7.51 Special exception. "(D) Special exceptions, if granted, shall be valid if development, as defined in Section 380.04, Florida Statutes, commences within twenty-four (24) months from the date of final s n to y comp e e wt in the years om t o ate o issuance o the first building permit. The time for substantial completion may be extended by the city commission upon application filed prior to the expiration of the substantial completion period and upon demonstration of good cause. " PROPOSED LDC AMENDMENT It is proposed that the word "development" be changed to "new construction ". the same wording now in affect in the, TODD special exception regulation (see attached ordinance) The following wording (shown in bold/underlined) would be added to Section 20- 7.51(D): "(D) Special exceptions, if granted, shall be valid if develrt new construction as defined in Section 380.04, Florida Statutes, commences within twenty-four (24) months from the date of final approval and is substantially completed within five (S) years from the date of issuance of the first building permit. The time for substantial- completion may be extended by the city commission upon application filed prior to the expiration of the substantial completion period and upon demonstration ofgood cause. " RECOMMENDATION It is recommended that the amendments as set forth above and in the attached draft be approved. - c...ce ZZV- Backup Documentation: Ordinance 26 -10 -2051 City Manager Report (8 -3 -10) Public Notices TN /SAY Z:\PBVPB Agendas Staff Reports12010 Agendas Staff Repm tsW- 23.107B- 10.027 LDC Amend Special exception Roaeetown.doc CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Meeting Minutes Thursday, September 23, 2010 City Commission Chambers 7:30 P.M. EXCERPT I. Call to Order and the :Pledge of Allegiance to the flag Action: The meeting was called to order at 7:56 P.M. The Pledge of Allegiance was recited in unison. 11, Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mrs. Yates, Mr. Cruz, Mrs. Young, Mr. Whitman and Mrs. Beckman. Board members absent: Mr. Farfan and Mr. Morton. City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youldlis (Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator) and Lourdes Cabrera - Hernandez (Principal Planner). City Attorney: Mr. Mark Goldstein PB -10 -027 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20 -7.51 entitled "Special exceptions" in order to revise the wording in Section 20- 7.51(D) to replace the word "development' with the word "new construction" for the purpose of clarifying when the time limitation begins for development projects which have been granted a special exception in the Hometown Overlay Zone (HD -OV); providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mrs. Young read the item into the record. Planning Board Meeting September 23, 2010 Page 2 of 2 Mr. Youkilis informed the Board that the City Commission previously approved a change in one of the sections of the Land Development Code in the Transit Oriented Development District to make sure there is a time limit for the development approvals to be constructed. In the TODD district there wasn't any time limit stated. This has been changed in by ordinance at the City Commission. Now, the same wording is being proposed for special exceptions in the Hometown District. This will make the two portions of the LDC match. The Chair opened the public hearing. Speakers: NAME ADDRESS SUPPOR`IIOPPOSE PROJECT Sharon McCain Oppose Ms. McCain questioned if the item affects 64 development or the bank. Mr. Youkilis responded no. This is due to the fact that the 64 Development Corporation has a twelve year development agreement with the City and the bank has a development agreement of eight years. Mrs. Yates commented that if this item affects any development they need to be notified. Ms. McCain questioned if a development was changed after this has been enacted would the developer have to return. Mrs. Yates responded yes. The Chair closed the public hearing. Mrs. Young commented that the word draft should be removed from page two. Mr. Whitman questioned if the wording with the TODD and Hometown Overlay would now be identical. Mr. Youkilis responded yes. Motion: Mr. Cruz moved to approve the application with the changes that draft is removed and use the word as indicated above. Mrs. Young seconded. Vote: S Ayes 0 Nays TJV /SAY XAComm Items\ 2010 \11.16- 10TBAinutes.9.23.2010 Excerpt Special exdoc MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Miaml-Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review f /k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays)`hewspaper, 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 - NOTICE OF PUBLIC HEARING DECEMBER 712010 in the XXXX Court, was published in said newspaper in the Issues of 11/19/2010 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 Mfaml -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, commission or refund for the purpose of securing this erti Bement publication In the said subscribed before me this 19 (SEAL) MARIA MESA personally known to me °. a Notary puttic State of Ftodda Veronica Per" My CommisBYOp 00819771 Exp,res 9910312012 `}�� 3.12%'G" an r ' r �. Ilia - 120 $4,99 Norton. Cob or Morose $5,49 elotplflohr $4,99 Rosenblum Valloybales $4.99 ZinambeiGuide $6,991 phroles classic 6xigionurbi $4.09 Cab/Me dotAmard .99' e "1 ""y%sk,I�EBESi sLRVidCjq'f Hi �Ti�ch s, i;`5" p xr" "a ADD A$s,d ilia Rosati $7.99 Pascual Take, Cab or Mathes $9.99 ;oil, P/Wod� $7,99 ties do Bois 0 Bois. Chard $.7.99 Cab Or 1 I l{M`L1N/t�li#S�SF EC of PvteSelec6dn CALENDAR SimLCabemet' $15.99 iflot7Chard $7,99 Sterling. Cab or Medot $96,99 Vest P /Nair $8.99 SenomaCutrer. Chard $16.99 aj. S/Bknc "� $9.99 and discussion groups, trips, $97.99 3S/Blanc $9.99' Canagdrum mingle at some of the well- Clddx.Aibadiki $9.99 RahertMonavl. Napa Cab ' $97.9911 as Or "" ceres. i $10.99 Santa! argherita. 305.371 -8717. Bridge Club: Meetsforcoffee P /Gnglo FOR DISABLED N., ..eaglet. $11.99 Dade. PMoir $254991 Peak, exanderyaliey $11.99 The Prisoner .$26,91.9 others. chard $12.99 Grath. Cabernet . '$35.99 ionize $12.99 Siluereak la; Claret ',$13.99 Cayoim.Caberoof, $58.991,, ,Santa Not. $7.99 bill Marche. bill , " Prosacao $16.99 ' 9 $8.9 . Lauds Roederab Bidt $26.99 d &Ross) $9.99 Mind Chardon Imperial$28.99 10 Presecum $11 "99 Taitttnger. Brut ,$29:99 rer£stete,Brut $95.99 Veuve CRcgot N.V. $38.99 d'idge : , „ $8.99 cauHP /Grigm .$9.99 A $t {=zee. use of South Florida .. e "w,�,v,cnopad,:. To ghalify for 1st D'neat Checking you dives set up a moadilyduect deposit and online banking. Please speakto'on: of oar personal . bankers for more details. 305.247.5541 www.1 stbanking.com NEIGHBORS CALENDAR membership,$2 guests, ' 305-$61,6333orwww.stan- turesvarious card games and. drewsmiami.org. °CALENDAR, FROM 41 Rd., Palmetto Say; $25 annual membership,$2 guests, ' 305-$61,6333orwww.stan- turesvarious card games and. drewsmiami.org. dasees, mah- jongg, line, square andtap donee, pool, bunko, '• ' . FOR SINGLES crafts, painting, drawing, singing and discussion groups, trips, The Single Gourmet Dinner and cruises and plays; 10 6.m:4 p, m. Dance: Singles dine, most and Monday - Friday; 12480 SW 127th mingle at some of the well- Ave., Miami; $50 annual member- known restaurantsin Miami-. ship fee. 305- 235 -8855 or senior- Dade County, 7 pan. Fridays; $99 liftcenter.come anruafinembersbip. South Wamt sonlarCitlzens 305.371 -8717. Bridge Club: Meetsforcoffee and contract bridge; 11;30a.nrl FOR DISABLED p. m: Fridays; St. Andrews'Epis -: copal Church, 14260 Old Cutler Focus on HOalin9:0anceand : CITY OF SOUTH MIAMI, COURTESY NOTICE NOTICE 13 HEREBY given that the City Commission of the City of South Miami, Florida will cannot Pumlo Nearines at pas regular Cry Commission recall scheduled for.11mi y, December 71 2010 beginning at 7:30 p.m. In the City Commission Chambers,6130SUnse[.Qdve, to consider the rolkeekirRem(N.,,• An Ordinance amending Chapter 2, Angola t, Secfao 2 -21 (G) (5) of the Code at Ordnanow to require mofons,for reconsideration to be made rbd9ladng the same meedng at which the Item is ccnsfdered. An (influence amealin'g the Land Development, Code Section 20 -7.51. onetime "Special excepfone" In order to revise lire warding "place. 20- 7.510) to replace the word " developmend" with the word °new ricamvotlon" for the parpose of car lying when the free limitation L begins ter development projects'which ' have been granted a, special , An Onnane amending the Land Development Code Sacli0n20-S.SID) doubled "Permlded use Schedule" in ender to permit a community garden as a "S" Special Use, In Jibe all TODD"" Tmnsij tglehoed Development District (Light- )nizkr -4) toning ban risbfst;.',aml amending Section 20- 2.3'entitied Valldtions" to provide a delidden of a commurity garden. An ordinance to amend section 20 -S.S (D) of the Lan 9evalopmem Code emtipd "Permitted Use Schedule ".In order to change the Group Name II use category, tram a "P ",Permifed .(Sa bategory to the "S" . Special Use category for zoning use dtstdcts; an,amending Section 20.3:4(0)(15) edged"Specal useconrilici m course include Group HomellasaudjectiothesamespeclaltagUlrements cunenttyappdcabta, to Group Home loses. An Ommanno to amend Section 20-4.4 (D) of the land Development , Coda enRkd °Required Haridieapped5paces" inordefto revise cunem . wording to indicate that alfrequned hennequidd perking spaces are regulakd bythe Flodde Building Code. For tuner Imarmaf on, please contact the Cgy Clerk's Ogice at (305) 8S3 -b390. ALL interested parties are brvted to attend an will be heard: Marla M. Menendez, CMC City Clerk Pol to Pleads slates; molu5, ca pry rules adNxs We public mat If a person CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at as regular City Commission meeting scheduled for T,Lrr�day. January 4 2411, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance of the Mayor and City Commission of the City of South / Miami, Florida, amending the Land Development Code Section 20.7.51 entitled "Special exceptions" In order to revise the wording In Section 20.7.51(D) to replace the word "development" with the word "new consiructton' for the purpose of clarifying when the time limitation begins for development projects which have been granted a special exception in the Hometown Overlay Zone (HD -OV); providing for severability; providing for ordinances in conflict; and providing an effective date. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 2043(D) entitled "Permitted Use Schedule- in order to permit a community garden as a "S" Special Use in the g1) TODD("" Transit Oriented Development District (kigM lAOwsN+al 4) zoning use district; and amending Section 20 -2.3 entitled "Definfllons" to provide a definition of a community garden; providing for sever- ability; providing for ordinances in conflict; and providing an effective date. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by designating a commercial building located at 5875,,,Sunset Drive (aka The Dowling Buildng) as an historic site and 1§y placement of an Historic Preservation Overlay Zone (HP -OV) over the existing zoning use district for this property; providing for severability; providing for ordinances in conflict; and providing an effective date. An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20 -3.3 (D) of the Land Development Code entitled "Permitted Use Schedule" in order to: change the existing "School, Elementary or Secondary" use category and the existing 'School, Vocational" use category from "P" Permitted use category to "S" Special Use category; to create a new use type entitled "School, Private or Charier "with all development in the new "School, Private or Chartef"use, category being classified as an "S" Special Use; and amending Section 203.4 entitled 'Special Use Conditions" in order to set forth general and special requirements applicable to all three school use categories; providing for severabllity; providing for ordinances in conflict; and providing an effective date. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to budget; authorizing an increase of expense line Hem 615 -1910 - 521.5205 (Federal Forfeiture Computer Equipment) of $53,336.80. from the Federal Forfeiture Fund Balance with a balance of $272;64396, $125.725.00, providing for severability, ordinances in conflict, and an effective date. An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida relating to the fee schedule; amending ordinance 21.09 -2013 as amended by ordinances to, increasing some fees, adding new fees and deleting some fees from the schedule, providing for severability, ordinances in conflict, and an effeclivedate. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to Purchase mapping software from USA Software Inc. for a total cost of $15,000.00 to be paid at $5,000.00 per year for three years and charged to account number 608.1910- 521-3450 (State Contractual Services) providing loran effective date. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to issue a Purchase Order to Sun Recycling, LLC for the recycling of the City's yard waste in the amount of $135,714.75 to be charged to Public Works Refuse Disposal Fee - Recycling Account Number 001. 1720.534 - 4341; providing foran effective date. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement with the firm of Gila, LLC dro1a1 Municipal Services Bureau (MSS) providing debt collection services for a foe based on a percentage of the principal amount owed to the City, twentydwo percent (22 %) for primary collection services and thirty percent (30 1/6) for secondary collection services, and collecting the same as pad of the total payment due from the debtor. This agreement shall be for the duration of an initial one (t) year period with four (4) one (1) year option to renew periods for a possible total term of five I$) years, and providing an effective date. ALL interested parties are invited to attend and will be heard. For further information, please contact the Gty Clerk's Office at: 305. 663.6340. Maria M. Menendez, CMG City Clerk Pursuant to Florida Statutes 286.0105, 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. 12117 10-3- 146/1620136M s SE 'SUNDAY, DECEMBER 215, 2410.'1 25SE It: It It KCAL . IT I IT I III I TO information about these and other Wednesd6y$l0 'free for members of Temple Me o; activities. - Ouphcategames 74;p.rd Mon rah; reservations required Duplicate Bridge of Temple Be4h tlaySaturday $S s ' 30S 866 b227 or '_. ' Am:5g50 North Kendall Dr PI IsidoKO Lerman Senior Atidit Retie tempi6menorapo7gmail coin ', necrest.30s- 667 -6667 ext 203 ationa( Gpbap• Includes a lunch $eptof LIFT fenYer: An activity '. 'Introduction to duplicate, 9 a.mi followed by a mustcai program I It center foC 9amprs 55 and up Fea TO IT IT Monday $5. presented by Cantos YoaV,Kdpipwlch tares Various tatd games and `Advance beginn, er lessens 930 and Richard Shap(YO `I230pm II r ' a.m. Tuesday;$70. - Wednesdays The 0)emberg }jail 'lli[ermedtatelessons 930am 7445 Carlyle AVe Miami B @dch $10 e,'fURPt'[O CALEA70AR, S35H To lr LOT I µ pay t ,pgagp� VITY 9Opgq O�Jp�i/9 tlp, �1�Y - B¢C^eHpP�9{i�'A� 01 0 4aFCLJfl.1iA II Ytl� A'i✓E �'t x ° IT NOTICE m HEREBY given thof.the Clty Comiiiisslon of tha;�t.ity of Soutti'M(arni Florida wi- conduch Public Hearings +at'itB- teguler City Ooinmraslan meeting Scheduled'for 'Aresdav :January 4 ,2011• bgginnng'at 1. 7:30 p m.i following the SMORA.meseting In the,Cdy Commission Chambers 6130 Sunset Unver to consider .thee foflowing I IT 111 ": I ILL Ah Ordida�5pe'amandrttq the.Land Development Cade Section 207.51 entnled Specia(eXCeptions in; (I order td revise the wording in Sephon 20 7.51(0) to replace the wprd development Wrath -the weld nay+ . J consUvction "for the purpose of clanfyutj•lviien the umetiinitahon begmA ;fordeVeiopmenf'pro'Jectslvhroh 1\ have bean granted aspeciai,excepfwn in the Hometown Overlay Zone (ND -0V) t aM 'IL TI OT I IT An Ordinanceamendingthe tend 0-3.3( Mille PerrOihed USOSchedule in` ordorto p ermft a cammGniiy garden as a "S ",.Special Use in the g11 T0Db(L1 -.4) +(Transit Oriented Developm@ riC District (Light Ihdustnal4} zoning Usa,iLStrict; aDd amending Seoaon 20.2:3 entitled Aefnitibns to provides, a definition of a communityyRardenr providing for sevarablhly, providing' for ordinances in ponflictr and,, providing an affective date *. . IT IT I An ONinance, relatng to a request to amend the official zoning map, of the Cny tells outh Miami Land.;; Development Code by designating a commer4ial buildi'ng'Iecaled at 5875, Sunset prive (afca The DoJriing..i .. Building) as an historic site and by p{ade'mem of an Histpdd Preservatiori3Oveday Zone,(HP OVj over the; ; Ol existing Toning use disfictfor 4hi5 properiy,,i r An Ordihartcb to amend :Section 20 33'(0) of the land'bevelopment Gode entitled. "paIIT O I I Schedule" in order to change the,exishng School Elementary or Secohdary vsa catagotY anra��t(6; f existing, "School Vocational ": use category irpm P'.[ermitted use category to S SpociafUSa category;, tobtgata�a:now Use type entnled," School, Private or Charter witlsali deva19preenYin. the new'. School,' - Privafa or Charte>'•' use category being classAied as an',,:5" Special Use .;and amending Sectroh 20 -3:4 It I entitled "$pepial Use;Gonditbns" topcoat to set forth general end spehial..roquUemehtsepplicable to ail I. three'schobi use categories. An Qtdiriance relating to budget, author¢ingan increase of•akpense If 6 .16 . item 615-'1 1 9 01 1 ' 10 521 -5205 (Federal'r IT Forfeiture C,pinpuiex Equipment) of!$53;330.SD,, from the Federal Forfeiture -Fund Balance Wrlh a balance;' of$P12,643.03 $'1252250(1; An Ordnance rolatIngto the fee schedule; amending otdinaoce2"9 2013 ;asamended.byordinancgsto,,' tnrseasing sonie'feas; adtling.nejy fees and deleting some feasfromlfie'schedule t% A Resolution' auttrorizirig lhs'Ctty Martagerto purchas9'rimappmg yoftwara;trom LSA'Software Inc for a ' total cost of $15,000.017 to be paid at $5,000.00 per year for three yadr5 andchargedlii account number 008 -1910- 521 -3450 (State Canttaduat Sejvices) ' " A Eiersolution authorizing the Cily Manager to 7ssue�a Purchase OMer .ro Sun Recycllrig LCC"fbr9he recycling of the City's yard ytaste In thefamount of $135,714,75 to be charged to PUblie Works ;Refuse ; Dispose( Fee -Racy cling out IT A Resolution authorizing (fie it tvianaga( to'executa.an agreement With the fine of.Giia LLC d/b Municipal Services Bureau (MSB)'gr`dviding debt cnlledion services far a fee based on• a pementage of the principal amount owed to the City, twenty -tWo parc7,mf (2240} for primary coliecfibn services and thtity. percent (30 %} forgeUOndary collection services, and collecting the same as part ofilie total paymen£ due from the debtor. This agreement sh0lt befor the duration of art in @ialone(1)yas periled With four(4)one (1� ' ITT 1 yeacoptton to renew perieds for a possible total term of five (5) years. A'ftesolinipn of the M9yor and Chy Commission of tfie Ctty of South % Miami Florida, autHodzirig' the'. Gtty Manager to finance up_to thirty eight (38y multi -space parking stations for .aft amount not to §xceed $420,000 and acceptiny.the intere';t rate of 2.355 °h with no prepayment penatty through Sun7rust Bank_ charging Debt Service - Principal Accounf:No. 001:1410:513.7110 and Dept Service- Interest Account No.' , OOtA410. 513 7210; and providing an effective date. T For further intormahon pleasecontact the City Cferk's Office at (305) 863 -B340 ALL interested parties are invited to attend and Will be heard ., 66 T " Maria M. Menendez, 10MO . Clty.cierK C 61 Pursuantto Plaids statutes 286 00105 the City hereleyadvisesihepubilo that if a'person declde; to appeal anydecicloRtby tars Board, Agency or Cogimission with respect to any matter considered at its meeting or hearing, he or efie will Acof o record of . the proceedings;and that for such purpose, affectedlroman may need to ensure that a verb0im record of thepmceeduigs I6 m{laOe which record includes the testimony and ebideoce upon which the appeal is.to be based. ITT