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Ord No 05-11-2078ORDINANCE NO. 05-11-2078 (ALTERNATE REVISED) 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 Charter" with all development in the new "School, Private or Charter" use category being classified as an "S" Special Use; and amending Section 20 -3.4 entitled "Special Use Conditions" in order to set forth general and special requirements applicable to all three school use categories; providing for severability; providing for ordinances in conflict; and providing an effective date. WHEREAS, the City Commission at its June 2, 2010 meeting adopted Resolution No. 116-10-13150 directing the Planning and Zoning Department and the Planning Board to consider an ordinance revising Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order to change the existing "School, Elementary or Secondary" and the existing "School, Vocational" permitted use categories from "P" Permitted Use to "S" Special Use; and to create a new use type entitled "School, Private or Charter" with all development in the new "School, Private or Charter" use type being classified as an "S" Special Use; and WHEREAS, It is City policy that certain land uses due to their potential impact on traffic or compatibility with a neighborhood should be subject to special use approval which allows for the placement of development and use conditions; and WHEREAS, A modification to the permitted use schedule requiring the special use approval process for all types of school development is an appropriate safeguard allowing for the development impact of public, private, charter and vocational schools to be part of a public review process; and WHEREAS, the Planning and Zoning Department prepared an amendment to Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule Amendment" All public, private, charter and vocational schools are to be classified as "S', Special Use; and WHEREAS the Planning and Zoning Department prepared an amendment to Land Development Code Section 20 -3.4 (B) "Special requirements" in order to add a new subsection to be entitled "Schools" which sets forth seven requirements which will be applicable to all school development projects and which will be mandatory and added to by the Board or City Commission during the special use public hearing process; and WHEREAS, the Planning Board at its June 15, 2010 meeting conducted a public hearing and adopted a motion by a vote of 6 ayes 0 nays recommending approval of the proposed amendment; and WHEREAS, the City Commission at its August 17, 2010 meeting reviewed the proposed legislation and referred the item back to the Planning Board requesting additional study; and Ord. No. 05 -11 -2078 2 WHEREAS, The Planning Board at its meeting on November 9, 2010 conducted a public hearing on a revised draft of the legislation and a motion was adopted by a vote of 5 ayes 0 nays recommending approval of the proposed revised amendment. 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 Land Development Code is hereby amended as set forth on the attached page. Section 2. That Section 20- 3.4(B) entitled "Special requirements" of the Land Development Code is hereby amended to read as follows: 20 -3.4 Special use conditions. (B) Special Requirements. (23) SCHOOLS: The following requirements shall be applicable to all schools allowed as a special use: (1) The maximum student capacity of a school (K -12) shall not exceed 0#e hured�Wed -- (100) one hundred and fifty (150) students per net acre based upon the site size of the property. (2) Notwithstanding the parking requirements set forth in Section 20- 4.4(B) (12), all schools, except high schools, shall provide one parking space for every three hundred (300) square-. feet: of gross floor area. High schools shall provide one parking space for every two hundred (200) square feet of gross floor area. (3) The proposed school shall meet State standards for class size and for recreation and open space. (4) A traffic study to include a parking impact on the surrounding neighborhood and requirements for adequate queuing on site shall be provided indicating the impact of the proposed facility on the surrounding area; the traffic study consultant shall contract with the City and be paid for by the school applicant. Ord. No. 05 -11 -2078 3 (5) All required parking for the school shall be located on site. (6) The drop off and pick -up loading zone areas for students shall be completely accommodated on site. (7) All proposed driveways, vehicular circulation, and parking areas shall be designed to avoid a back up of traffic onto a public right -of -way. (8) No ingress or egress to a school shall be permitted through abutting residentially zoned parcels. (9) When adjacent to a residential zone district, a landscape opaque buffer shall be constructed along dividing property lines. (10) All playground and athletic activities areas shall be accommodated on site. (11) There may not be any school activities on site after 11:00 PM (12) The school shall be financially responsible for the appropriate solution of any problems that arise after approval. (13) If the proposed school 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. Section 3. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 4. 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 5. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this 18th day of January, 2011. Ord. No, 05 -11 -2078 ATTEST: J—I)c CITY CLERK 1" Reading - 12/7/10 2nd Reading 1/ 18/11 READ AND APPROVED AS TO FORM AND SUFFICIENCY: %r ATTORNEY APPROVED: pk MAY a&--- O)k COMMISSION VOTE: 4 -1 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Nay Commissioner Beasley: Yea Commissioner Harris: Yea (New wording in bold and underlined; wording removed inil�) X: \Comm Items \2011 \1- 4- 11 \LDC Amend Schools S Use Alternate Ord revised.doe W �x cn W O � N W W a b au PIP or olp au W I� Q Ws a O z 3 A z a w Z A a H W Q W Q Zn a a a. Q P: �4 voza �� w rx N3-" NORALL. N� Qi ' O x HoQq c.x HOQQ P. H O q C1 :-1 H O g Q q n HOgQ Qv c7 a! N �a z r4 O a0 P4 0 a a a rte,` c�Hrn � H�o Vl vl fl. VS N MINE O M �� N3-" NORALL. N� Qi ' O N a a a rte,` MINE a ate_ w ai a e. 1 4; rn w a OKI P. w a �I 'Kli` l v, rn w,• m son m VON YW p ! lee lee ° TOO_ , *y b " y ee I - MINE EM. r h L NE s egg 7.r. (L p 4^w+. x U y TOx'"" -W WE o �., a'"i o❑ d o �'" � n, m m H im 6 0 0 0 W w t7 x o1 O M CITY OFSOUTHn MMI MEMORANDUM To: The Honorable Mayor Stoddard and Members the City Commission Via: Hector Mirabile, Ph.D., City Manager i From: Thomas J. Vageline, Director Planning and Zoning Department Date: January 11, 2011 Re: ordinance Regulating Schools discussion with Commissioner Palmer As directed by the City Commission at its meeting on January 4, 2011, Commissioner Palmer met with the Planning director on January 10, 2011 to discuss potential changes to the draft ordinance regarding regulation of schools. The substance of the discussion ideas are as follows: 1. The City does not need to be inspecting schools. There are a number of agencies that perform this task presently. Thus, proposed conditions number 12 and 13 may be deleted. 2. Early childhood learning such as child care, Pre -K and Pre - School should be separated from the requirements of the conditions for schools in general. These are usually small operations for children under the age of 5. Thus, a separate listing on the permitted use chart as permitted as of right, rather than as a special use. 3. Public schools are governed by Florida Statute, and are exempt from zoning review. 4. Charter schools are similar to public schools in many regards. If they provide sufficient on -site parking and space for pick -up and drop -off, then it would not be necessary for a "students per acre" requirement to be met. 5. How would a school be reviewed if it were a conversion of an existing office building or existing townhouses as was done recently in the County? 6. Traffic studies should be required for the larger schools not smaller ones. Schools with projected enrollments of 250 students or more should be required to provide a traffic study for the proposed school. XAMemos \Memo to Commission regarding school regulations 1- 11- 2011.doc To: Via: From: Date: South Miami 11111 CITY OF SOUTH MIAMI { OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 The honorable Mayor Stoddard and Member of the City Commission Hector Mirabile, Ph.D., City Manager Thomas J. Vageline, Director Planning and Zoning Department January 4, 2011 REVISED ITEM No. SuS biect 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 Charter" with all development in the new "School, Private or Charter" use category being classified as an "S" Special Use; and amending Section 20 -3.4 entitled "Special Use Conditions" in order to set forth general and special requirements applicable to all three school use categories; providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND The City Commission at its June 2, 2010 meeting adopted Resolution No. 116-10-13150 directing the Planning and Zoning Department and the Planning Board to consider an ordinance revising Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order to change the existing "School, Elementary or Secondary" and the existing "School, Vocational" permitted use categories from "P" Permitted Use to "S" Special Use; and to create a new use type entitled "School, Private or Charter" with all development in the new "School, Private or Charter" use type being classified as an "S" Special Use (see attached resolution). The "Permitted Use Schedule" is a list of all uses which are allowed in each zoning district and also sets forth for each use whether it is a "P" use, permitted as of right use, or an "S" use requiring approval via the special use process. It is important to note that existing uses "School, Elementary or Secondary" and "School, Vocational" are both permitted uses as of right in certain zoning districts. In addition the Permitted Use Schedule does not contain a separate listing for a private or charter school. It is City policy that certain land uses due to their potential impact on traffic or compatibility with a neighborhood should be subject to special use approval which allows for the placement of development and use conditions. During the past few years there has been school development both public and private which did not receive an appropriate level of review by South Miami residents and property owners. A modification to the permitted use schedule requiring the special use approval process for all types of school development is an appropriate safeguard. The development impact of public, private, charter and 2 vocational schools would be part of the review process. This process allows for special conditions to be assigned as part of the approval granted. In addition it is also suggested that general conditions and requirements be set forth which would be applicable to all school development going through the review process. These are listed in Section 20 -3.4 entitled "Special Use Conditions" PROPOSED LDC AMENDMENT The attached LDC Amendment documents will accomplish what the City Commission is requesting. (1) Permitted Use Schedule Amendment. Section 20- 3.3(D). All public, private, charter and vocational schools are to be classified as "S ", Special Use. It is important to note that public school development under State law is not subject to local zoning, however, it is anticipated that new school policies encourage voluntary cooperation. (2) Special Use Conditions. Section 20 -3.4 (23). A new section is provided which lists nine requirements which will be applicable to all school development projects. These conditions are mandatory and could be added to by the Board or City Commission during the special use public hearing. PLANNING BOARD ACTION (June 15): The Planning Board at its meeting on June 15, 2010 conducted a public hearing on the proposed draft of the legislation. A motion was adopted by a vote of 6 ayes 0 nays recommending approval of the proposed amendment. CITY COMMISSION ACTION The item was presented to the City Commission meeting on August 17, 2010 (meeting minutes excerpt attached) and there was discussion regarding several issues associated with this topic. Among the items discussed were concerns about enrollment size and traffic. It was felt that a traffic study regarding the affect of a proposed school on the surrounding neighborhood should be provided. The time limit for school activities was also discussed. It was expressed that a charter school within the City should accept students from the City. The draft ordinance was referred back to the Planning Board for further analysis. PLANNING BOARD ACTION (November 9): The Planning Board at its meeting on November 9, 2010 conducted a public hearing on a revised draft of the legislation. A motion was adopted by a vote of 5 ayes 0 nays recommending approval of the proposed amendment. The City Commission at its December 7, 2010 meeting reviewed the subject ordinance on first reading and approved several technical amendments to the Special Requirements section of the proposed legislation. The amendments adjust the parking requirement for schools (No. 2) and clarifies the section on limiting night activities at a school (No. 11). These amendments are shown on the revised alternate ordinance. 2 RECOMMENDATION It is recommended that the amendments as set forth in the attached revised alternate draft ordinance be approved. Attachments: Draft Ordinance Resolution No. 116-10 -13150 City Commission Minutes Excerpt 8 -17 -10 Planning Dept. Staff Report 11 -9 -10 Planning Board Minutes Excerpt 11 -9 -10 TIV /SAY X:\Comm Items\2011 \I4-11\LDC LDC Amend Schools S Use CM Report.doc To:. The Honorable Chair and Planning Board Members From: Thomas J. Vageline, Director Planning and Zoning Department 0 South Miami All- AmedcaCity I I I I lor 2001 Date: November 9, 2010 RE: LDC Amendment —Permitted Use — Schools to S Category See. 20- 3.3(D); Sec. 20 -3.4 PB -10 -008 Applicant: City of South Miami 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 Developmenf 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 Charter" with all development in the new "School, Private or Charter" use category being classified as an "S" Special Use; and amending Section 20 -3.4 entitled "Special Use Conditions" in order to set forth general and special requirements applicable to all three school use categories; providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND The City Commission at its June 2, 2010 meeting adopted Resolution No.116 -10 -13150 directing the Planning and Zoning Department and the Planning Board to consider an ordinance revising Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order to change the existing "School, Elementary or Secondary" and the existing "School, Vocational" permitted use categories from "P Permitted Use to "S" Special Use; and to create a new use type entitled "School, Private or Charter" with all development in the new "School, Private or Charter" use type being classified as an "S" Special Use (see attached resolution). The "Permitted Use Schedule" is a list of all uses which are allowed in each zoning district and also sets forth for each use whether it is a "P" use, permitted as of right use, or an "S" use requiring approval via the special use process. It is important to note that existing uses "School, Elementary or Secondary" and the "School, Vocational" are both permitted uses as of right in certain zoning districts. In addition the Permitted Use Schedule does not contain a separate listing for a private or charter school. It is City policy that certain land uses due to their potential impact on traffic or compatibility with a neighborhood should be subject to special use approval which allows for the placement of development and use conditions. During the past few years there has been school development both public and private which did not receive an appropriate level of review by South Miami residents and property owners. A modification to the permitted use schedule requiring the special use approval process for all types of school development is an appropriate safeguard. The development impact of public, private, charter and vocational schools would be part of the review process. This process allows for special conditions to be assigned as part of the approval granted. In addition it is also suggested that general conditions and requirements be set forth which would be applicable to all school development going through the review process. These are listed in Section 20 -3.4 entitled "Special Use Conditions" PROPOSED LDC AMENDMENTS The attached LDC Amendment documents will accomplish what the City Commission is requesting. (1) Permitted Use Schedule Amendment. Section 20- 3.3(D). All public, private, charter and vocational schools are to be classified as "S', Special Use. It is important to note that public school development under State law is not subject to local zoning, however, it is anticipated that new school policies encourage voluntary cooperation. (2) Special Use Conditions. Section 20 -3.4 (23). A new section is provided which lists seven requirements which will be applicable to all school development projects. These conditions are mandatory and could be added to by the Board or City Commission during the special use public bearing. PLANNING BOARD ACTION: The Planning Board at its June 15, 2010 meeting adopted a motion by a vote of 6 ayes 0 nay recommending approval of the proposed amendment. CITY COMMISSION AC'T'ION The City Commission meeting of August 17, 2010 (meeting minutes excerpt attached), there was discussion regarding several issues associated with this topic. Among the items discussed were concerns about enrollment size. Traffic was identified as an issue. There should be a traffic study regarding the affect of the proposed school on the surrounding neighborhood. The time limits for school activities should be changed to 10:00 PM on weeknights and 11:00 PM on Fridays and Saturdays. Neighborhood impacts need to be looked at. It was expressed that charter school within the City should accept students from the City. The item would be referred back to the Planning. Board to consider: I . A request for a traffic study; 2. Target population with respect to means of how to get there; 3. Understanding the intended capacity of the school. It was recommended that the Planning Board get information regarding charter schools. RECOMMENDATION It is recommended that the amendments as set forth in the attached revised draft ordinance be approved. 2 Backup Documentation: Draft Ordinance City Commission Minutes .Excerpt 8 -17 -10 Resolution No. 116 -10 -13150 Planning and Zoning Dept. Staff R eport 6 -I5 -10 Planning Board Minutes Excerpt 6 -15 -10 X:\PB\PB Agendas Staff Reports\2010, Agendas Staff Reports \I 1- 9- 10\LDC Amend Comm Schools S Use Report.doc 3 RESOLUTIONNO. 116-10-13150. A Resolution of the Mayor and City Commission of� the City of ,South Ml:iml, Florida directing the Planning and Zoning Department and the Planning Board to consider an ordinance revising band Development. Code Section 20- 13(1)) entitled "Permitted Use Schedule" in order to change the existing "School, Elementary or Secondae. and the existing "School, Vocational" permitted use categories from `IP" Permitted Use to ` °S" Special Use; and to create a new use type entitled "School, Private- or Charter" with all development in the new "School, Private-or Charter" use type being classified as an 'IS" Special Use; and providing for an effective date. T iWREAS, Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" is a list of all uses which are allowed in each zoning dist ict'and also sets forth for each use whether it is a "P" use, permitted as of right use, or an "S" use requiring approval via the special use process; and . - -•�g� � c ' „ hao;.�- 'f:Ierxenfary- or -Seeaa ': -ih o•I,- Vocational" are both permitted uses as of right in certain zoning districts; and' WFIER.EAS, the Permitted Use Schedule does not contain a listing for a private or charter school; and WfIEREAS, it is City policy that certain land uses, due to their potential impact on traffic or compatibility with a neighborhood should be subject to special use approval which allows for the pfacement of development and use conditions; and • WI3EREAS7 the City considers the developrrient impact of public, private, charter and vocational schools should be subject to review as part of a Special Use approval process. NOW; TMRET•+ORE, BE IT RESOLVED B, Y THE MAYOR AND CITE' COY M%SSION OF THE CITY OF SOUTH MIAMI, FLORWAO Section I. That the Planning Board and the Planning and Zoning Department are requested'to initiate and recommend upon necessary legislation to amend Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order to change the existing "School, Elementary or Secondary" and the existing "School, Vocational" permitted use categories from "P" Permitted Use to "S" Special Else; and to create a new use type entitled "School, -Private or Charter, with all development in the new "School,-Private or Chatter" use type being classified as an. 4s" Special Use; Section 2. This resolution shall be effective immediately upon being approved. PASSED AND ADOPTED this 2r• ay oftTuue , 2010 ATTEST: APPROVED: Y CLE MAYOR •1 t Res. No. 116-10-1:050 READ ANDS t / APPROVED AS TO FORM z X: \Comm 7tems\2010\6 240\LbC Amend School Category Resol.doe Commission Vote: 4 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea ' Commissioner Palmer: absent Commissioner Beasley: Yea Commissioner Harris: Yea City of South Miami Regular City Commission Minutes August 17, 2010 CALL TO ORDER: The City Commission of the City of South Miami, Florida met in regular session on Tuesday, August 17, 2010, beginning at 7:17 p.m., in the City Commission Chambers, 6130 Sunset Drive. A. Roll Call: The following members of the City Commission were present: Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, and, Commissioners Velma Palmer, Brian D. Beasley and Walter A. Harris. Also in attendance were: Deputy City Attorney Mark A. Goldstein, City Clerk Maria M. Menendez and Acting City Manager Buford R. Witt, B. Moment of Silence: By Mayor Stoddard, C. Pledge of Allegiance: The Pledge of Allegiance was recited in unison. D. Presentations(s) Presentation by Richard O'Barry Mr. O'Barry, a well -known activist towards the preservation of the dolphins addressed the Commission, and presented a video prepared by his son Lincoln who is producing a television series for the Animal Planet which will air on August 27th. At the conclusion of the video presentation, Mayor Stoddard presented the Key to the City to Mr. O'Barry. Presentation by Richard Weisskoff, PhD Mayor Stoddard introduced Dr. Weisskoff, who is an economist and who has been researching the options of providing for the City of South Miami, the Village of Pinecrest, Cutler Bay and Palmetto Bay, a study of the economic effects of FPL proposed transmission lines on our economic development relating to property values and job creation. CITY COMMISSION MINUTES ], August 17, 2010 the interpretation of the Charter Amendment as set forth in Resolution No. 53- 10- 13087; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (Acting City Manager) Moved by Commissioner Beasley, seconded by Mayor Stoddard. Mr. Youkilis explained that the purpose of this item is just to correct the Land Development Code to make sure that it is consistent with the Charter. With no further comments, the motion to approve this item passed by a 5 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Yea Commissioner Harris: Yea Mayor Stoddard: Yea 18. 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 Charter" with all development in the new "School, Private or Charter" use category being classified' as an "S" Special Use, and amending Section 20 -3.4 entitled "Special Use Conditions" in order to set forth general and special requirements applicable to all three school use categories; providing for severability; providing for ordinances in conflict; and providing an effective date. 3/5 (Mayor Stoddard) Moved by Commissioner Beasley, seconded by Mayor Stoddard to approve this item. Vice Mayor Newman expressed concern with this ordinance, saying that for one thing, there should be limitation on enrollment. CITY COMISSION MINOTES 12 August 17, 2010 PRO Mayor Stoddard said that another thing that must be taken into consideration is traffic, and it has not been placed as a condition, the stipulation that there will be a traffic study about the impact on the neighborhood. He also referred to the after- school activities after 7:00 p.m., and that the language should indicate a limit of 10:00 p.m. on weeknights and 11:00 p.m. on Fridays and Saturdays to allow for school dances. He said that the focus should be on neighborhood 'impacts; therefore, school size and traffic are really the two things that have to be addressed. The Commission also discussed the importance for charter schools located in our City to accept students residing within our community. Mayor Stoddard recommended sending the ordinance back to the Planning Board for addressing: (1) a request for a traffic study; (2) target population with respect to means of how to get there; and (3) understanding the intended capacity of the school. Commissioner Palmer expressed concern as to how would the City monitor or enforce how people will get to the school. She recommended for the Planning Board to get information regarding charter schools from the School Board. With no further comments, the motion to defer this item to go back to the Planning Board for review, passed by a 5 -0 vote: Commissioner Palmer: Yea Vice Mayor Newman: Yea Commissioner Beasley: Yea Commissioner Harris: Yea Mayor Stoddard: Yea 19, An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20- 5.16(F) of the Land Development Code entitled "Unity of Title submittal procedures" in order to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title and subsection 20- 5.16(F) entitled "Required provisions to be included in the Declaration of Restrictive Covenants in Lieu of Unity of Title"; amending Section 20 -7.80 (A) and Section 20- 8.16 (A) to remove all references to a Declaration of Restrictive Covenants in Lieu of Unity of Title; CITY COMMISSION MINUTES 13 August 17, 2010 To: Honorable Chair and Date: June 15, 2010 Planning Board Members / Prom: Thomas J. Vageline, Director / /) Re: LDC Amendment — Permitted Planning and Zoning Department (l(„/'_�/ Use - Schools To S Category Sec. 20 20- 33(D); Sec. 20 -3.4 PB- x0-008 Applicant: City of South Miami. 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 Ilse 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 Chartee" with all development in the new "School, Private or Charter" use category being classified as an "S" Special Use; and amending Section 20 -3:4 entitled "Special -Use. Conditions" in order to set forth general and special requirement's applicable to all thkee school use categories; providing for severability; providing for ordinances in conflict; and providing an effective date. BACKGROUND The City Commission at its Tune 2, 2010 meeting adopted Resolution No.116- 10 -I3150 directing the Planning and Zoning Department and the Planning Board to consider an ordinance revising Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order to change the existing "School, Elementary or Secondary" and the existing' "School, Vocational" permitted use categories from "P" Permitted Use to "S" Special Use; and to create a new use type entitled "School, Private or Charter" with all development in'the new "School, Private or Charter" use type being classified as an "S" Special Use (see attached resolution). The "Permitted Use Schedule" is a list of all uses which are allowed in each zoning district and also sets forth for each use whether it is a "P" use, permitted as of right use, or an "S" use requiring approval via the special use process. It is important to note that existing uses "School, Elementary or Secondary" and the "School, Vocational" are both permitted uses as of right in certain zoning districts. In addition the Permitted Use Schedule does not contain a separate listing for a private.or charter school. LDC Amendment June 15, 2010 It is City policy that certain land uses due to their potential impact on traffic or compatibility with a neighborhood should be subject to special use approval which allows for the placement of development and use conditions. During the past few years there has been school development both public and private which did not receive an appropriate level of review, by South Miami residents and property owners. A modification to the permitted use schedule requiring the special use approval process for all types of school development is, an appropriate safeguard. The development impact of public, private, charter and vocational schools would be part of the review process. This process allows for special conditions to be assigned as part of the approval. granted. In addition it is also suggested that general conditions and requirements be set forth which would be applica e to all sc oo eve opment going oug t e review process- ese are listed in Section 20 -3.4 entitled "Special Use Conditions PROPOSED LDC AMENDMENTS The attached LDC Amendment documents will accomplish what the City Commission is requesting. (1) Permitted Use Schedule Amendment. Section 20- 3.3(D). All public, private, charter and vocational schools are to be classified as "S', Special.-Use. It is important to note that public school development under State law is not subject to local zoning, however, it is anticipated that new school policies encourage voluntary cooperation. (2) Special Use Conditions . Section 20-3.4,(23). A new section is provided which lists seven requirements which will be applicable to all school development projects. These conditions are mandatory and could be added to by the Board or City Commission during the special use public hearing. RECOMMENDATION It is recommended that the proposed amendments set forth on the attached amendment documents be approved. Aitachments: (1) LDC.Amendment Document- Permitted Use Schedule (2) LDC Amendment Document- Special use conditions Resolution No. 116 -10 -13150 PuNto Notices 7C.TBU'B Agendas StaffReports12010 Agendas StafRepon$ \6- i5- 10\pE- 40.008 LDC Amend Schools Report.doc � & } :g � « a \�\ P,4 \ � \ / ) / « ) . / . 4 P4 9 wooA :a worn ,� Bonn �_- eoo; m =, won; !;, f P4 \\ a4 ®- «x -, tee, *e, ®`« «„ «„ \ § % \ ) g LDCAmendment Tune I5, 201'0 0 LAND DEVELOPMENT CODE AMENDMENT- SPECIAL USE CONDITIONS 20 -3.A Special use conditions, (8) Special Requirements, (1) All required parking for the school shall be located on site. ((2) The drop off and pick-up loading zone areas for students •shall be completely, accommodated on site. No ingress or egress to a school shall be ermitted through abutting residentiallY zoned parcels. (5) When adjacent to a residential zone distrietv a landscape opaque buffer shall be constructed along dividing property lines. fG All playground and athletic activities areas shall be accommodated on site, There may not be any school activities on site•after. 9,00 PM. CITY OF SOUTH M.IAW PLANNING BOARD Regular Meeting Meeting Minutes Tuesday, June 15, 2010 City Commission Chambers. •7:30 P.M. EXCERPT L Call to Order and the Pledge of Allegiance to the Ffag Action: The meeting was called to order at 7:46 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Actiow Vice Chair Morton requested a roil call. Board members present constituting a quorum: Mr. Morton, Ms. YOUXI& Mr, Whitman, Mr, Farfan, Ms. Beckman and Mr. C'rim Board members absent: Ms. Yates. City staff present: Mr. Thomas J. Vagdine (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant) and Marcus Lightfoot (Permit Facilitator). Deputy City Attorney: Mr. Mark Goldstein III. PIanning Board Applications/Public Hearings PB -10 -008 Applicant: City of South Miami An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to amend Section 20 -33 (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 'IS" Special Use category; to create a new use type entitled "School, Private or Charter" with all development in the new "School, Private or Charter" use category being classified as an ,S" Special Use; and amending Section 20 -3.4 entitled "Special Use Conditions" in order to, set forth general and special requirements applicable to. all three school use categories; providing for severability; providing for ordinances in conflict; and providing an effective date. Planning Board Meeting June 15, 2010 Page 2 of 4 Action: Mrs. Beckman read the item into the record. Mr. Vageline commented that this topic was referred to the Department by the City Commission on June 2, 2010 and asked that schools be reviewed and explored so that there could be a little more control over where schools could be located and conditions under which would be allowed to operate. There have been several experiences of existing schools that have been built which created difficulties in parking or drop .off times with traffic congestion. In looking at the Permitted Use, there are two types of schools that are currently listed; one is "school elementary and secondary". The second is "school vocational". A new use category "school private or charter" needs to be added. The two categories already listed are shown as Permitted Use in the zoning districts were they are allowed. Staff is recommending they be changed to S for Special Use so that more consideration could be given to the issues that schools present prior to them being approved. and constructed. This is a procedure to provide an opportunity to inform the currently has is that businesses adjacent to the schools find that there are no parking spaces available for their customers. General parking is consumed to the point that other entities cannot park where they normally park. The largest issue is the drop•off and pick up area for the school. He recommended that a Special Use approvaI.would require the applicant to submit a plan for addressing drop off and pick up. . Mr. Morton questioned what are the code numbers on the Permitted Use Schedule. Mr. 'Youkilis replied that the last two columns have to do with what parking category they are in. The second number is a list of pre -set conditions for public, charter and private schools. The parking category requires one space for every four hundred square feet which is standard for schools. In addition staff is recommending adding the following pre - conditions: (l) All required parldng for the school shall be located _on. site. The drop off and pickup loading zone areas for students shall be comAlef_ely •accommodated on site. i4) No ingress or egress to a school shall be permitted through abutting residentially zoned parcels. (5 When adiacen# to a residential zone district a landscape opaque buffer shall be constructed along dividing property lines. All ' la ground and athletic activities areas shall be accommodated on site. (7) There way not be any school activities on site after 9:00 PIYI. planning Board Meeting June 15, 2010 Page 3 of 4 Mrs. Young questioned why staff is proposing that there be no school activities after 9 PM. Mr. Youkilis responded that after 9 pM activities could disrupt local residential areas. Mrs. Young suggested that scheduled events cannot end no later than after 9:00 P.M. She suggested that the words technical and vocational be added in Section 20- 3.3(D), Mr. Cruz questioned the reason for the conditions. Mr. Youkilis replied that he had seen similar regulations used in other cities such as Coral Gables, where they are having an issue with a new, charter school. Mr. Cruz,questioned what the noise ordinance for a residential area is. Mr. Youkilis responded that there can be no excess no after 11:00 P.M, The Vice Chair opened the public hearing. Sharon McCain 7502 SW 58 Avenue Opposes. Ms, McCain commented that there are several issues with the charter school. As of this moment, there are two schools that would Iike to expand. She commented that she likes the proposed draft even though she does not know the Coral, Gables guidelines, There needs to be some guidelines set in place. McCain questioned if the foot print of the building dictates how many students you could have and maybe this regulation could be put in the City of South Miami Code: Ms: McCain suggested that staff look at other city charters in order to come up with more aguidelines, Mr. Youkilis mentioned that in every district there is a limitation on how many students are allowed. Mr. Cruz questioned that the field across from the building is not their Feld and that they use the roof. Mr. Youkilis responded yes that is correct, but the school is allowed to do that under school board guidelines. Mr. Cruz commented that there are regulations for the amount of students in a school and he does not believe that there is a leeway for charter schools, Mr. whitman questioned if special conditions be imposed as part of a Special Use approval, Mr, Youkilis responded yes, Mr, Cruz questioned if there is a charter school as of the moment in the planning phase. Mr. Youkilis replied no. Mrs. Beckman questioned the current charter school (Somerset) could it have been built if it did not meet these regulations. Mr. Youkilis responded that the school does not have enough parking even though they are paying a yearly parking fee for having on- street spaces credited to them. Mrs, Beckman questioned with Special Requirements in (B)(22) certain schools have concerts and activities past 9 PM. Could they request a permit past the time or bile a police officer for those hours? Planning Board Meeting June 15, 2010 Page 4 of 4 Mr. Whitman stated that the Board should move forward and vote on the item. The Vice Chair closed the public hearing. Mr. Morton questioned at what time they close the park. Mrs. Beckman responded dusk. Mr. Morton recommended that the school activities cannot go past 10:00 P.M. Motion: Mrs. Young moved to approve the application with the pre- conditions recommended and the modifications as stated. Mr. Cruz seconded. Vote: 6 Ayes 0 Nays TJVlSAY X:1Comm ltems12010 18- 3- I0IPB.Minutes.6.15.2010 Excerpt Schools S Use .doc CITY OF SOUTH MIAMI Planning Board Regular Meeting Meeting Minutes Tuesday, November 9, 2010 City Commission Chambers 7:30 P.M. EXCERPT- SCHOOLS L Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:36 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mr. Cruz, Mrs. Young, Mr. Morton, Mrs. Yates, and Mr. Whitman. Board members absent: Mrs. Beckman and Mr. Farian. City staff present: Thomas I Vageline (Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Mr, Marcus Lightfoot (Permit Facilitator) and Lourdes Cabrera - Hemandez (Principal Planner). City Attorney: Mr. Laurence Feingoid III. , Planning Board Applications /Public Hearings PB -10 -008 Applicant: City of South Miami 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 I to create a new use type entitled "School, Private or Charter" with all development in the new "School, Private or Charter" use category being classified as an "S" Special Use; and amending Section 20 -3.4 entitled "Special Use Conditions" in order to Planning Board November 9, 2010 Page 2 of 3 set forth general and special requirements applicable to all three school use categories; providing for severability; providing for ordinances in conflict; and providing an effective date. Action: Mrs. Young read the item into the record. Mr. Vageline informed the Board that the item addresses the topic of Permitted Use for schools to be located within the City of South Miami. The City Commission requested staff and the Planning Board to recommend regulatory language to be added to the Land Development Code to address issues associated with schools. Presently, the LDC lists schools, elementary or secondary and school vocational as a permitted use. There are no conditions on the approval of both use types. In addition, the use "school private or charter" is not included. As a result of recent school construction and to regulate future proposed schools, the following amendments were proposed 1) Add private or charter schools 2) Change all three from (P) Permitted Use to (S) for Special Use requiring approval of the City Commission and 3) Adopt a list of conditions that will regulate school applications. This was done by Planning Board at its meeting of June 15, 2010. The City Commission reviewed the recommendations and requested that the Planning Board address some additional concerns. The concerns included a request for a traffic study, target population, and the intended capacity of the school. Staff recommended approval of the revised ordinance. Mrs. Yates questioned if this applies for all the schools that are within the boundaries of the City. Mr. Vageline replied that this would not apply to existing schools. Mr. Cruz questioned if this item is forcing schools to accept students from the area. Mr. Vageline responded that the feeling is that the City Commission would like to require it if it is possible. The draft does not include the language, but the Board could make it a condition. Mr. Cruz commented that he would like to make it a requirement, but this could become a legal issue. Mr. Whitman questioned if the law were to apply to public schools, would Miami -Dade public school officials have to come before the Board. Mr. Feingold replied that the issue would not come to the Planning Board. Mr. Whitman questioned if parking per schools is based on the number of students. Mrs. Yates commented that the parking would cover faculty, but not have enough for parents and visitors. Mr. Whitman commented that the Special Use approval would allow the City Commission to require extra parking spaces. Mr. Whitman questioned what would be the criteria to turn down a school. Mr. Youkilis responded that the applicant would have to conform to the nine conditions. Mrs. Yates commented that the formula for additional parking spaces must be specified in the Land Development Code not the Ordinance. Mrs. Yates questioned if this could be determined on a site plan approval for a specific school coming to the Board. Mr. Whitman questioned if a condition could be added so that the school shall not disturb surrounding properties. Mrs. Yates responded that the LDC only states one space per 400 sq -ft. The Land Development Code would have to be changed. Planning Board November 9, 2010 Page 3 of 3 Mr. Whitman questioned if the results of the traffic study are not valid could the Board reject the study. Mr. Youkilis responded yes. Mr. Cruz questioned does the applicant get to select any company to do the traffic study or does it have to be with a company that the City will designate. Mr. Vageline replied the applicant could select any company as long as the company is certified to conduct traffic analysis. Mrs. Young questioned condition Number. 9 on page 2. Mr. Vageline responded that during . discussion with the Commission it was felt that 11:00 p.m. would be appropriate. Motion: Mrs. Young motioned that school activity on site after 11:00 p.m. is prohibited. Motion failed, no second. The Chair, opened the public hearing. No Discussion The Chair closed the public hearing. Motion: Mr. Morton moved to approve the application as presented. Mrs. Young seconded. Vote: 5 Ayes 0 Nays TN /SAY XAComm Items\2010 \12 -7 -1 OTB.Minutes.Exmpt School 11.9.2010.doc C 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 its regular City Commission meeting scheduled for TyesdAy danugry 4 2011, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): An Ordinance of the Mayorand City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20J.51 entitled "Special exceptions' in orderto revisethe 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 severabitity; providing for ordinances In conflict; and providing an effective date. An Ordinance of the Mayorand City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20.3.3(1)) entitled 'Permitted Use Schedule' in order to permit a community garden as a "S' Special Use in the all TODD(41-y" Transit Oriented Development District (L- )ght4ndaskial4} zoning use district; and amending Section 20.2.3 entitled 'Definitions" 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 Building) as an historic site and by placement of an Historic Preservation Overlay Zone (HP -OV) over the existing zoning use district for this property: providing for severabitity; providing for ordinances inconflictt 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 R" Permitted use category to "S" Special Use category; to create a new use type entitled "School, Private or Charter' with all development In the new `School, Private or Charter" use category being classified as an "S" Special Use; and amending Section 20 -3.4 entitled 'Special Use Conditions' in order to set forth general and special requirements applicable to all three school use categories; 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, relating to budget; authorizing an increase of expense One Rem 6154910.521 -5205 (Federal Forfeiture Computer Equipment) of $53,336.80, from the Federal Forfeiture Fund Balance with a balance of $a+2448:48,$125,725.0, providing for severabitity, 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 eRectivedate. 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 for an 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 for an 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 d/blat Municipal Services Bureau (MSS) providing debt collection services for a fee based on a percentage of the principal amount owed to the City, twenty -two percent (22 %) for primary collection services and thirty percent (30 %) for secondary collection services, and collecting the same as part of the total payment due from the debtor. This agreement shall be for the duration of an initial one (1) year period with four (4) one (1) year option to renew periods for a possible total term of five (5) years, and providing an effective date, ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305 - 663 -6340. Maria M. Menendez, CMC City Clark Pursuant to Florida Statutes 288.0105, 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- 148/1620138M Information about these and other Wednesday $70 ' • - rffee for members of derytple Meno • activities. Duplicate games; 1-4 p m Moo ;rah feseryabpns rpgUirAd ; Duplicate Bridge at Temple Beth day Saturday $B' :305.866 0227 or Am: 5950 North Kendall Dc; Pi- Isidore Lerman Senfor Adult Recre ; templemenor h @gmad coin'; .. .necresR 305 -¢67 -6667, ext. 203:' - atiaeai Group. Includes. a ltlnth Senior RIFT Center An acttvlty, `Introduction. to duplicate; 9 a.m: folloyueil by a musical program .center for seniprs 5 $rid dp Fea Monday; $5. pretented by CantorYOav Koploydich , 'tures various card games and ' "Advance beginner lessons; 9:30 and.Richard Shaplro;12:30 p01 , , a.m. Tuesday; $10. Wednesdays; The olemberg Halt 'Intermediate lessons 9:30 am. ' 7445 Carlyle Ave, Miami Beach $t0,tURNTQ CALEt{DAi{, 33SE 00 f 00 IQ //'�1�pp���,,'eVe�a:gT�y'SCV�IyA ip��f�lylyYI�Hfc�if F. ' V4RYPl I NOTICB.IS HEREBY given thet'the CIty.Commibsiori of ih'a ofSOUtti Mkami Flondef wWl conduct.Pubiic Hearings at'its regular City c6norr issloq meetig spheduleb for �ssdav Jan act 4 42011 beglimmgg ate - the SMCRA'meefld', in the'... City Commission Cfiambare 8130 Sunset Drme t6 co0elder, n g 7:30 .m:; follow g P fhe fdlawm9llem(s ): ` '�r � - An Ordinance - amending the Land �evelepment. Code Section 2D 751 entitled Speclal axs6blions ,ri I. under to revise the wording n S�ion.20- 7.51(D)'to replace the word "development' with the ward construction" forthe purpose of clarrfyfngWhen the,tlme rithitation begins for de4ejopment pr6lect "s Which have been granted aspeciat sxcephon in the Hometown Overlay Zone {HD OV) '.'.i An Ord'manceamending the Land cfn Pemiitied "1 ! 1 I 1 ' 1 4 .I rn order,to pennitacommunitygartl en asa. "S, Speclaft3se lntha,BgTQDD(Ia -4) TransM1 Oriented Development District{LfgM Industrial4) zoning use disfrlct andamending Secroh20 -2;3 entitled pefi itlorls to provide a degnilion'of fe community garden providing Tor seJerabili providing for ordinances 3n pontlid a n d providing an effeckive date -. .:: ' An Ordinance relating,to a request to amend the offele} zoning map`of the City I, M�amtlaittl Developmerd Code by designating 'a seaIAemW bbildrpg located at 5875 Sunset privs,(aka The Doi41(ng 7,. , Building) as anhistodc'site and.by placement of an Historic Preservation OJertay Zone I0. 0 OV) overiha existing zoning use d lsitiptfoY thispmp @rtY "; (An .ardinance to amend SAChon 2b 39 {D) qt the Land Development Code onhtie f Pemi tetl Use Schedple' in order tb: change the existing Schoof'Eiemento br 3euohtlI ry fise,categbry and,;jha ' exsting, "School yoea'tionai 'use categoory from P P'errmtted use category to 5" Special Use category to create.a,new use Sype enfided; "School, Qi,vote or Ghaner" witfi'a1l,developlpent in the riew :SCToot S ec' Use; I. eniiingS.e Private or Charter' use category being classI ted'as'an ",S :Sk,. ai;,.. 'ctkori 2p -3.4 m en" ad "Special U5e.Condifloras" in,Order to set forth general aril special requirem9gts appitcatile'td'alI three "school use categbdon An Ordinance relating to budget authematng an mcrease of expense11ne item 616-1910,521-5205 (Federei Forfeiture CorilputerEi}uipmeni). of'$53;335.60, from the Federal Forfeiture Fund Balanba with a'bai9nce ti:.' Id of$212,643.03„ 2$1 5.725.00, III An Ordinance relating to the feeschedule; amending ordinance 21-09-20 ameniied.by.drdinarieesto, ' increasing some lead, adding neW fees and deleting some feaa1min ttie'sphe8ule ;�;: ',„ A Resolution aufliorizing the City Manager to purchase mapping software iirorrf USA`Soitwafe iris ,for ei total cost of $15,000;00 to be paid at $5,00b.00 per year for theee years and charges# to acc.ognt number 668.1910521 -3450 (State Contractual Services ). A Fesolution authorizing the City Manager to'issue'aPurphase Order to Sun Recycling I:LC #or the I r recycling of the CItYd yard waste in,the amount of $135,714,75 "to be charged to Pubic Works Refuse ,' .Disposal Fes— Recycling ACOOUnt Nurnber001. 1726-534- 4341.',' "`.. 1 ,. A ReselulfoR authodzing the City Manager to executz.an agreement with the firm of i3ila,LLC d /bN- Munlcipal'Services Bureau (PASS) providing debt collection services for. a fee based on, p 'percentage alit., the principal amount owed to the CRA twenty -two piirga rim (22 %) for Primaryeoliectbb services and thirty percent 00 %) for seoondary'collectfoirsemloas, and coilabfing the same as pari,of i#ie t4tai paymenttlue from the debtor. Thtsaggroement shall b tiorthe duration of aninitialone(i) year period with four (4)6ne (1). yearaption to renew periods for a possible total ,term of itve'(5) year's. ' ^. "', . A Resolution of the Mayor., and City Commission of the City of South Miami Flonda authon trig'tha Oily Manager to finance up to thirty eight piI) multi -space parking stations for,en amount not to bxcded $420,OOp and acsapting,the Interest rata of 2.355% with no prepayment panaltjfthfough SunTrust Benk,,,` charging Debt Service- Principal Account No. 001:1410.513.7110 and 6ebt 5erviceriniere'st Account' Nb 001.1410.$13.`frt10; and providing an effecpve date. , For further information, please contact the CllyCterk'sOftice at (305) 663 -6340 ALL Interested parties are Invited I& attend and will be heard. Maria M. Menendez,'CMC ' ' � •: .r - .r .City Clerk '..' -.. ; Purwerit to Florida Statutes 289.x505, the Buy herebradvisea the public fine if a pecion d"eeldesto appeal any dedstonmade by . this Board. Aftenry or Commission with reseed to any matter considered et as meeting oTheanng, he orshe win need a r'ecfe of. the proceedings, aed that lorsuch purpdse, affected maynsetl to ensuia that averbatirri record oftheprocceQmgsls mdae, which record hu tudes the testimony and evidence upon which the appdai 1, to be based. SE SUNDAY; DECEMBER 26, 2010..E 25SE ' g g� ®® g Information about these and other Wednesday $70 ' • - rffee for members of derytple Meno • activities. Duplicate games; 1-4 p m Moo ;rah feseryabpns rpgUirAd ; Duplicate Bridge at Temple Beth day Saturday $B' :305.866 0227 or Am: 5950 North Kendall Dc; Pi- Isidore Lerman Senfor Adult Recre ; templemenor h @gmad coin'; .. .necresR 305 -¢67 -6667, ext. 203:' - atiaeai Group. Includes. a ltlnth Senior RIFT Center An acttvlty, `Introduction. to duplicate; 9 a.m: folloyueil by a musical program .center for seniprs 5 $rid dp Fea Monday; $5. pretented by CantorYOav Koploydich , 'tures various card games and ' "Advance beginner lessons; 9:30 and.Richard Shaplro;12:30 p01 , , a.m. Tuesday; $10. Wednesdays; The olemberg Halt 'Intermediate lessons 9:30 am. ' 7445 Carlyle Ave, Miami Beach $t0,tURNTQ CALEt{DAi{, 33SE 00 f 00 IQ //'�1�pp���,,'eVe�a:gT�y'SCV�IyA ip��f�lylyYI�Hfc�if F. ' V4RYPl I NOTICB.IS HEREBY given thet'the CIty.Commibsiori of ih'a ofSOUtti Mkami Flondef wWl conduct.Pubiic Hearings at'its regular City c6norr issloq meetig spheduleb for �ssdav Jan act 4 42011 beglimmgg ate - the SMCRA'meefld', in the'... City Commission Cfiambare 8130 Sunset Drme t6 co0elder, n g 7:30 .m:; follow g P fhe fdlawm9llem(s ): ` '�r � - An Ordinance - amending the Land �evelepment. Code Section 2D 751 entitled Speclal axs6blions ,ri I. under to revise the wording n S�ion.20- 7.51(D)'to replace the word "development' with the ward construction" forthe purpose of clarrfyfngWhen the,tlme rithitation begins for de4ejopment pr6lect "s Which have been granted aspeciat sxcephon in the Hometown Overlay Zone {HD OV) '.'.i An Ord'manceamending the Land cfn Pemiitied "1 ! 1 I 1 ' 1 4 .I rn order,to pennitacommunitygartl en asa. "S, Speclaft3se lntha,BgTQDD(Ia -4) TransM1 Oriented Development District{LfgM Industrial4) zoning use disfrlct andamending Secroh20 -2;3 entitled pefi itlorls to provide a degnilion'of fe community garden providing Tor seJerabili providing for ordinances 3n pontlid a n d providing an effeckive date -. .:: ' An Ordinance relating,to a request to amend the offele} zoning map`of the City I, M�amtlaittl Developmerd Code by designating 'a seaIAemW bbildrpg located at 5875 Sunset privs,(aka The Doi41(ng 7,. , Building) as anhistodc'site and.by placement of an Historic Preservation OJertay Zone I0. 0 OV) overiha existing zoning use d lsitiptfoY thispmp @rtY "; (An .ardinance to amend SAChon 2b 39 {D) qt the Land Development Code onhtie f Pemi tetl Use Schedple' in order tb: change the existing Schoof'Eiemento br 3euohtlI ry fise,categbry and,;jha ' exsting, "School yoea'tionai 'use categoory from P P'errmtted use category to 5" Special Use category to create.a,new use Sype enfided; "School, Qi,vote or Ghaner" witfi'a1l,developlpent in the riew :SCToot S ec' Use; I. eniiingS.e Private or Charter' use category being classI ted'as'an ",S :Sk,. ai;,.. 'ctkori 2p -3.4 m en" ad "Special U5e.Condifloras" in,Order to set forth general aril special requirem9gts appitcatile'td'alI three "school use categbdon An Ordinance relating to budget authematng an mcrease of expense11ne item 616-1910,521-5205 (Federei Forfeiture CorilputerEi}uipmeni). of'$53;335.60, from the Federal Forfeiture Fund Balanba with a'bai9nce ti:.' Id of$212,643.03„ 2$1 5.725.00, III An Ordinance relating to the feeschedule; amending ordinance 21-09-20 ameniied.by.drdinarieesto, ' increasing some lead, adding neW fees and deleting some feaa1min ttie'sphe8ule ;�;: ',„ A Resolution aufliorizing the City Manager to purchase mapping software iirorrf USA`Soitwafe iris ,for ei total cost of $15,000;00 to be paid at $5,00b.00 per year for theee years and charges# to acc.ognt number 668.1910521 -3450 (State Contractual Services ). A Fesolution authorizing the City Manager to'issue'aPurphase Order to Sun Recycling I:LC #or the I r recycling of the CItYd yard waste in,the amount of $135,714,75 "to be charged to Pubic Works Refuse ,' .Disposal Fes— Recycling ACOOUnt Nurnber001. 1726-534- 4341.',' "`.. 1 ,. A ReselulfoR authodzing the City Manager to executz.an agreement with the firm of i3ila,LLC d /bN- Munlcipal'Services Bureau (PASS) providing debt collection services for. a fee based on, p 'percentage alit., the principal amount owed to the CRA twenty -two piirga rim (22 %) for Primaryeoliectbb services and thirty percent 00 %) for seoondary'collectfoirsemloas, and coilabfing the same as pari,of i#ie t4tai paymenttlue from the debtor. Thtsaggroement shall b tiorthe duration of aninitialone(i) year period with four (4)6ne (1). yearaption to renew periods for a possible total ,term of itve'(5) year's. ' ^. "', . A Resolution of the Mayor., and City Commission of the City of South Miami Flonda authon trig'tha Oily Manager to finance up to thirty eight piI) multi -space parking stations for,en amount not to bxcded $420,OOp and acsapting,the Interest rata of 2.355% with no prepayment panaltjfthfough SunTrust Benk,,,` charging Debt Service- Principal Account No. 001:1410.513.7110 and 6ebt 5erviceriniere'st Account' Nb 001.1410.$13.`frt10; and providing an effecpve date. , For further information, please contact the CllyCterk'sOftice at (305) 663 -6340 ALL Interested parties are Invited I& attend and will be heard. Maria M. Menendez,'CMC ' ' � •: .r - .r .City Clerk '..' -.. ; Purwerit to Florida Statutes 289.x505, the Buy herebradvisea the public fine if a pecion d"eeldesto appeal any dedstonmade by . this Board. Aftenry or Commission with reseed to any matter considered et as meeting oTheanng, he orshe win need a r'ecfe of. the proceedings, aed that lorsuch purpdse, affected maynsetl to ensuia that averbatirri record oftheprocceQmgsls mdae, which record hu tudes the testimony and evidence upon which the appdai 1, to be based. MIAMI DAILY BUSINESS REVIEW Published Dally except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI -DADE: Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she Is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review We Miami Review, a dally (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 - JAN. 18, 2011 in the XXXX Court, was published In said newspaper in the issues of 01107/2011 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 mall 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 affiam 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 advertisement for publication in the said newspaper. „ 1 V. PEREZ personally known to me fdAAtA t. M65A ey ' MVCOMMISSICtdA DID 75o170 tiX(°!1'S: Msrdt 4, 2012 a ••. q..' Hcwsitfituretoryft U. istpew o ..;.r � uro a CITY OF SOUTH MIAMI NOTICE OF 0IJBLIC t1EAR1NC. ou An Ord!nanceof,he Mayorandbtry�Com tssw(r of iheiQAy Af Sth Miami Flo[ida amend(ng .#he LanT)evejopmeM Cade garden providtnrgforsseverabr!ity , conflipj aR4prov{ pg.gr effeettge date ll An`prdinanoe of the Mayor And ;City Commsssion of the Cify of Sdiith Mtaml, Florida to amend' Section 20 3 3 (D) of thf +aLand ll. Development Code'entitied "Permitted Use Schedule !00. der ,toi:gh °rigs theex3sting SchdolEtememary,6r Secondaryuse 'dategory and'the'exisbng Sohoo1 , Vgcatidnat�,use caregp, from P Petmi$etl use bateg'bry to "S, Specta USa o&�o-ry" zY.d ' create a new use type entiI ad "school Private or. Charter" With ;:aliUevelopmenFib tF!e'hew "SChdot ,1'rlvate or Chatter :'use category being classified as an' S SpegiaiUse and ameniiing ' . Ssction'20.3.4 enf -IHed "SpeclafUse Condi {logs Ih ortlef Y5se4 foittf general arid, spedal Yequlrements' applicable to -ail three :'aschool use'Dategorfes;prpolding for sevefabiitty provldmg. for ordinances in wnfLcL and providing an effecjiJe date �.,, ALL in{erested parties are invited to attend and will beheand. `% For further infofmatwn; p(e`ase cordacttheCity Clerks Office 4`• at:305. 663. 6340:' . Pursuant to Florida .Statutes 286.0105 the City hereby. advises the public that 'd e.,person decides td' appeal any,8ecision made by; this Board, Agency or'Co`mmission witty respect to arty Ynader considered at its meeting or hearing he or shetyill need a record'bf7the p#oceedir?gs, . and Y(at foY suchpurpose affected pemon mad rueedZo prigrixettic ?hp.