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Ord. No. 34-08-1969517: 719KIM fl -�i► - • . •, AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO PROVIDE NEW DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING, GROUP HOME, AND MODIFYING THE DEFINITIONS OF COMMUNITY RESIDENTIAL HOME AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION 20 -3.3 (D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE DISTRICTS WHICH WILL PERMIT BOARDING HOUSES, TOURIST DWELLINGS, AND GROUP HOMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Department has initiated a program to update, clarify, and improve the provisions of the City's Land Development Code (LDC) and to update provisions of the City's Land Development Code; WHEREAS, based upon recent requests related to the placement and characteristics of bakeries the Planning Department determined that a specific definition of a bakery was needed in the Land Development Code; and WHEREAS, based upon recent concerns related to temporary and transitory living facilities the Planning Department and the City Attorney determined that definitions related to community residential homes, group homes, tourist dwellings, boarding homes, group homes, and family should be amended or inserted into the Land Development Code; and WHEREAS, the Planning Department and the City Attorney have prepared a proposed ordinance which provides clear and specific definitions for community residential homes, group homes, tourist dwellings, boarding homes, group homes, and family and sets forth the zoning use districts which will allow these uses as either permitted or special uses; and WHEREAS, the Planning Board at its August 12, 2008 meeting reviewed the proposed ordinance, conducted a public hearing, and adopted a motion by a vote of 6ayes 0 nays recommending that Sections 20 -2.3 and Section 20- 3.3(D) of the Land Development Code be amended as set forth in the proposed ordinance; and WHEREAS, the City Commission desires to accept the .recommendations of the Planning Board and enact the aforesaid amendments. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -2.3 "Definitions" of the South Miami Land Development Code is hereby amended to read as follows: Ord. No. 34-08 -1969 Bakery. Shall mean an establishment engaged in the retail sales of baked products for consumption off site. The baked products maybe prepared either on or off site. A bakery is a place for preparing, cooking, baking and selling of products on the premises. A bakery shall be considered a retail use. Boardinwhouse (roominz- house). Shall mean a building other than a hotel or motel where lodging is provided for compensation with or without meals for three or more persons not of the immediate family. Community residential home. As defined in F.S. 4 419.001, means "a dwelling unit licensed to serve clients of the state department of children and family services, which provides a living environment for seven (7) to fourteen 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents." This term may include adult congregate living facilities (ACLFs), assisted living facilities (ALFs), and other comparable care and rehabilitative facilities meeting the statutory definition, distance and separation requirements (1,200 feet from another existing community residential home, and not within 500 feet of a single - family residential district). This category is restricted to persons who do not require special provisions for emergency evacuation. Family . Shall mean an individual or two (2) or more persons related by blood, adoption or marriage, or a group of not more than fivo+54= three (3) persons who need not be related living together as a single housekeeping unit in a dwelling. It can also mean one or more persons permanently occupying a dwelling unit and living together as a single, nonprofit household unit. Family does not include any society, club, fraternity, sorority, association, or like organization. This definition does not include any group of individuals whose association is temporary or seasonal or similar to a tourist dwelling, resort, boardinghouse, motel or hotel. This definition shall be construed to include those individuals protected as a family unit by the Fair Housing Act or other applicable laws that do not result in a fundamental alteration of the city's local land use (zoning) scheme. Group Home (1). Shall mean a licensed by the state department of children and family services, means a residential family living environment with supervision for six or less -------- - - -- - -_ -_- _ -- Family . Shall mean an individual or two (2) or more persons related by blood, adoption or marriage, or a group of not more than fivo+54= three (3) persons who need not be related living together as a single housekeeping unit in a dwelling. It can also mean one or more persons permanently occupying a dwelling unit and living together as a single, nonprofit household unit. Family does not include any society, club, fraternity, sorority, association, or like organization. This definition does not include any group of individuals whose association is temporary or seasonal or similar to a tourist dwelling, resort, boardinghouse, motel or hotel. This definition shall be construed to include those individuals protected as a family unit by the Fair Housing Act or other applicable laws that do not result in a fundamental alteration of the city's local land use (zoning) scheme. Group Home (1). Shall mean a licensed by the state department of children and family services, means a residential family living environment with supervision for six or less Ord. no. 34 -08 -1969 people. This is not considered a commercial use. Such a home is for persons who do not require special provisions for emergency evacuation. In addition, no such home may be located within 1,000 feet of another existing group home, with the said distance to be measured in a straight line from the nearest point of the property line of the existing home to the nearest point of the property line of the proposed home. Group Home (2). Shall mean an Unlicensed Group Home means a residential family living environment with supervision for six or less people. This is not considered a commercial use. Such a home is for persons who do not require special provisions for emergency evacuation. In addition, no such home may be located within 1000 feet of another existing licensed or unlicensed group home; the distance is to be measured in a straight line from the nearest point of the property line of the existing home to the nearest point of the Property line of the proposed home. Tourist Dwelling. Shall mean a single- family or two - family dwelling which is used as a tourist dwelling. A single- family or two- family dwelling shall be considered a tourist dwelling according to the following criteria: (1) If the single - family, or two- family dwelling is subject to or operates under an arrangement plan or design whereby the use of the dwelling or unit within the dwelling has been segmented over time so that owners, lessees or holders (regardless of the form of ownership or the form in which the right to use is expressed) of such unit has a recurring exclusive right to use either that dwelling or unit or another unit in the same dwelling according to a predetermined fixed schedule and only if the schedule would permit in any one year a change or turnover of occupancy four or more times, it shall be considered a tourist dwelling. (2) If the single - family or two- family dwelling operates under or is subject to an arrangement plan or design whereby sleeping accommodations and sanitary facilities within the dwelling or in a unit in the dwelling are offered to the public or reserved to private parties and the use thereof by members of the public is primarily on a daily, weekly, monthly or seasonal basis. Provided that when the dwelling or unit in the dwelling is the sole residence of the guest, a rebuttable presumption arises that the dwelling or unit is not being used as a tourist home. Provided further that if the occupancy of such dwelling or unit does not change more frequently than four times or more in any continuous 12 -month period, then a rebuttable presumption shall arise that the dwelling or unit is not being used as a tourist dwelling. (3) In addition to the above, if a single- family dwelling located in the RS Single Family Residential District land use district is operated or used in such a way that it has a turnover in occupancy of more that two times in any one year, it shall create a rebuttable presumption that such single - family dwelling is a tourist dwelling. Ord. no. 34-08-1969 Section 2. That Section 20-3.3(D) "Permitted Use Schedule" of the South Miami Land Development Code is hereby amended as follows: El L-47,u I am 11 gm El Ord. No. 34 -08 -1969 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. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. This ordinance shall take effect immediately upon enactment. PASSED AND ADOPTED thisa day of , 2008. ATTEST: 0Y 2 CLERK dy RE OVED AS 0 FORM: Luis R. Figueredo, Na gin- Gallop Figueredo, P.A. Office of City Attorney _ " to yj "i i MAYOR 1St Reading - 8/27/08 2nd Reading- 9/2/08 COMMISSION VOTE: 4 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Wiscombe: Yea Commissioner Beckman: Yea Commissioner Palmer: absent NOTE: New wording in bold print and underlined.- wording to be removed indicated by strike - through. X: \Comm Items \2008 \9- 2- 08\LDC Amend Definitions Ord - Updated 8- 27 -08.rtf South Miami All- America Cily CITY OF SOUTH MIAMI 11111, OFFICE OF THE CITY MANAGER ° INTER- OFFICE MEMORANDUM zoos To: The Honorable Mayor Feliu and Members of the City Commission Via: Ajibola Balogun, City Manager From: Ricardo Soto -Lopez MUP, Planning Director Date: September 2, 2008 ITEM NO. Subject: AN ORDINANCE OF THE MAYOR AND CITY COMIVIISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO PROVIDE NEW DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING, GROUP HOME, AND MODIFYING THE DEFINITIONS OF COMM -UNITY RESIDENTIAL HOME AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION 20 -3.3 (D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE DISTRICTS WHICH WILL PERMIT BOARDING HOUSES, TOURIST DWELLINGS, AND GROUP HOMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Summary of Proposed Legislation The Land Development Code does not provide for definitions for the uses delineated below. These definitions should be added to the LDC in order to provide greater specificity. New trends in restaurant marketing are changing the traditional organization of restaurant venues and how food is processed for consumption and served. In order to attain advantages in what is a very competitive restaurant industry new marketing techniques can often change time - tested and traditional retail land use definitions and activities. There have been inquiries concerning the expansion of the definition of "Bakery" to include incidental food service. This may elevate the traditional concept of a bakery to the category of a "restaurant ". In order to respond to these marketing innovations, time tested definitions may need clarification. Also, recent dramatic changes in national, regional and local real estate markets are creating a vast inventory of underutilized residential property. In response residential property owners are finding alternative ways to lease underutilize residential property. Several forms of this leasing are of a transient nature which are not defined in the LDC and need greater specification. Many are not appropriate in Single Family, Townhouse, or Multifamily Zoning Districts. The definitions contained in the attached proposed ordinance should be added to the LDC in order to provide greater specificity for this type of transient residential use and where they can be located. LDC Definition Amendments The attached proposed ordinance provides -for new Group Home definitions (Licensed and Unlicensed). This supplements the revised definition of Community Residential Homes 6 or less by providing the criteria for locating these residential uses in RS Single Family Residential districts, Town homes and multifamily housing districts pursuant to F.S. § 419.001. It provides for the statutory definition, and defines the distance and separation requirements in single family residential districts. The definition of Family has been expanded to differentiate a family from any group of individuals whose association is temporary or seasonal. 2 LDC Permitted Use Schedule Amendments Boardinghouse and Dwelling (tourist) have been added to the Permitted Use Schedule. These have been placed in the LO, MO, SR, TODD districts due to their transient nature similar to the Hotel and Motel category. These uses would be permitted as of right. In the case of Unlicensed Group Moines, a Special Use Permit will be required in all RS Single Family Residential, Town homes and Multifamily Housing Districts. Planning Board Action The Planning Board at its August 12, 2008 meeting adopted a motion by a vote of 6 ayes 0 nays recommending approval of proposed ordinance. Recommendation The City Commission at its August 27, 2008 made two revisions related to the definition of Family. These are shown on p. 2 (Lines 28 -33) of the attached ordinance It is recommended that the proposed definition amendments and the proposed amendments to the Permitted Use Schedule be approved by the adoption of the attached ordinance on second reading. Backup Documentation: Proposed Ordinance(2ndd Reading) Planning Board Staff Report 8 -12 -08 Planning Board Minutes excerpt 8 -12 -2008 Public Notices RSL /SAY X.• I Comm Items 1200819 -2 -081 LDC Definitions Amend. CM report. doc To: Honorable Chair and Date: August 12, 2008 Planning Board Members From: Ricardo Soto - Lopez, MUPAZI� Re: LDC Amendment Adding Planning Director the Definition of Bakery, Boarding House, Tourist Dwelling, Group Home, and Modifying the Definitions of Community Residential Home and Family and Amending Land Development Code Section 20 -3.3 (D) PB -08 -027 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO PROVIDE NEW DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING, GROUP HOME, AND MODIFYING THE DEFINITIONS OF COMMUNITY RESIDENTIAL, HOME AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION 20 -3.3 (D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE DISTRICTS WHICH WILL PERMIT BOARDING HOUSES, TOURIST DWELLINGS, AND GROUP HOMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. The Land Development Code does not provide for definitions for the uses delineated below. These definitions should be added to the LDC in order to provide greater specificity. New trends in restaurant marketing are changing the traditional organization of restaurant venues and how food is processed for consumption and served. In order to attain advantages in what is a very competitive restaurant industry new marketing techniques can often change what are time- tested and traditional retail land use definitions and activities. There have been inquiries concerning the expansion of the definition of "Bakery" to include incidental food service. This may elevate the traditional concept of a bakery to the category of a "restaurant ". In order to respond to these marketing innovations the time tested definitions may need clarification. Also, recent dramatic changes in national, regional and local real estate markets are creating a vast inventory of underutilized residential property. In response residential property owners are finding alternative ways to lease underutilize residential property. Several forms of this leasing are of a transient nature which are not defined in the LDC and need greater specification. Many are not appropriate in Single Family, Townhouse, or Multifamily Zoning Districts. The definitions listed below should be added to the LDC in order to provide greater specificity for this type of transient residential use and where it can be located. LDC Amendment August 12, 2008 PROPOSED DEFINITION AMENDMENTS (Section 20 -2.3) The specific amendments being proposed are as follows: Bakery means an establishment primarily engaged in the retails sale of baked products for consumption off site. The products maybe prepared either on or off site. It is a place for preparing, cooking, baking and selling of products on the premises. A bakery shall be considered a retail use. Boardinghouse (roominghouse) means a building other than a hotel or motel where lodging is provided for compensation with or without meals for three or more persons not of the immediate family. (Existing Community Residential Homes 6 or less definition deleted and revised as Group Home 6 or less, see below). Community residential home, as defined in F.S. § 419.001, means "a dwelling unit licensed to serve clients of the state department of children and family services, which provides a living environment for seven (7) to fourteen 14 unrelated residents who operate as the functional equivalent of a family, including such supervision and care by supportive staff as may be necessary to meet the physical, emotional, and social needs of the residents." This term may include adult congregate living facilities (ACLFs), assisted living facilities (ALFs), and other comparable care and rehabilitative facilities meeting the statutory definition, distance and separation requirements (1,200 feet from another existing community residential home, and not within 500 feet of a single - family residential district). This category is restricted to persons who do not require special provisions for emergency evacuation. (The current definition has been removed). Dwelling, tourist means a single - family or two - family dwelling which is used as a tourist dwelling. A single - family or two- family dwelling shall be considered a tourist dwelling according to the following criteria: (1) If the single - family, or two- family dwelling is subject to or operates under an arrangement plan or design whereby the use of the dwelling or unit within the dwelling has been segmented over time so that owners, lessees or holders (regardless of the form of ownership or the form in which the right to use is expressed) of such unit has a recurring exclusive right to use either that dwelling or unit or another unit in the same dwelling according to a predetermined fixed schedule and only if the schedule would permit in any one year a change or' turnover of occupancy four or more times, it shall be considered a tourist dwelling. (2) If the single - family or two- family dwelling operates under or is subject to an arrangement plan or design whereby sleeping accommodations and sanitary facilities within the dwelling or in a unit in the dwelling are offered to the public or reserved to private parties and the use thereof by members of the public is primarily on a daily, weekly, monthly or seasonal basis. Provided that when the dwelling or unit in the dwelling is the sole residence of the guest, a rebuttable presumption arises that the dwelling or unit is not being used as a tourist home. Provided further that if the occupancy of such dwelling or unit does not change more frequently 2 LDC Amendment August 12, 2008 than four times or more in any continuous 12 -month period, then a rebuttable presumption shall arise that the dwelling or unit is not being used as a tourist dwelling. (3) In addition to the above, if a single - family dwelling located in the RS Single Family Residential District land use district is operated or used in such a way that it has a turnover in occupancy of more that two times in any one year, it shall create a rebuttable presumption that such single - family dwelling is a tourist dwelling. Group Home (1) As licensed by the state department of children and family services, means a residential family living environment with supervision for six or less people. This is not considered a commercial use. Such a home is for persons who do not require special provisions for emergency evacuation. In addition, no such home may be located within 1,000 feet of another existing group home, with the said distance to be measured in a straight line from the nearest point of the property line of the existing home to the nearest point of the property line of the proposed home. (2) An Unlicensed Group Home mean s a residential family living environment with supervision for six or less people. This is not considered a commercial use. Such a home is for persons who do not require special provisions for emergency evacuation. In addition, no such home may be located within 1000 feet of another existing licensed or unlicensed group home; the distance is to be mea "sured in a straight line from the nearest point of the property line of the existing home to the nearest point of the property line of the proposed home. Family shall mean an individual or two (2) or persons related by blood, adoption or marriage, or a group of not more than five (S) persons who need not be related living together as a single housekeeping unit in a dwelling. It can also mean one or more persons permanently occupying a dwelling unit and living together as a single, nonprofit household unit. Family does not include any society, club, fraternity, sorority, association, or like organization. This definition does not include any group of individuals whose association is temporary or seasonal or similar to a tourist dwelling, resort, boardinghouse, motel or hotel. This definition shall be construed to include those individuals protected as a family unit by the Fair Housing Act or other applicable laws that do not result in a fundamental alteration of the city's local land use (zoning) scheme. PROPOSED PERMITED USE SHEDULE AMENDMENTS Boardinghouse and Dwelling (tourist) have been added to the Permitted Use Schedule. These have been placed in the LO, MO, SR, TODD districts due to their transient nature similar to the Hotel and Motel category. These uses would be permitted as of right. The Group Home definitions (Licensed and Unlicensed) supplements the revised definition of Community Residential Homes 6 or less by providing the criteria for locating these residential uses in RS Single Family Residential districts, Town homes and multifamily housing districts pursuant to F.S. § 419.001. It provides for the statutory definition, and defines the distance and separation requirements in single family residential districts. In the case of Unlicensed Group Homes, a Special Use Permit will be required in all RS Single Family Residential, Town homes and Multifamily Housing Districts. 3 LDC Amendment August 12, 2008 The definition of Family has been expanded to differentiate a family from any group of individuals whose association is temporary or seasonal. RECOMMENDATION It is recommended that the proposed definition amendments be included in the Land Development Code. It is also recommended that the proposed amendments to the Permitted Use Schedule be approved. Attachments: Permitted Use Schedule Public Notices RSL X:\PB\PB Agendas Staff Reports \2008 Agendas Staff Reports \8- 12- 08\PB -08 -027 LDC Amend Definitions..doc M P� M � o �e�9 w� ii =ir air ii al ilr 1p �n rte, O' w Pa 0 H c7 Q�Q P� Q W Q O P� Q z Q w 0 0 P, V) ss ¢ w a, w m U®zq E-•000 P, P: E-+ O (a (2) P, P.I P, H O Q f1 .D P,I P, P, P.I M P, PA P.I P, E- O !:� C� �D P.I P, P, 114 PI, P. P.I P.I a, O � � i ^r€ ii1 .V1'i<' Pr rn 0*1 P. P, Pd P, z P: o PA P.I ®a o cn P.I al O r10 P4 U0 co En M ql P, P.I cnl P, r1 N �t v] P, P, P, P, M P, PA cni P, P: - oo cn P, P, P, P, ql P, P.I cnl P, P: h rn uo P, P, P, cu PA ml P, P' E� m P' cn 'n cn P, cnl P: cn �r cn P. P.I cnl I P, R� vn m cn P, ql Pal cnl P. PC, cn c� v� P, ql PA cnl P. tZ P, pl P.I cnl P, y w w o 0 p6j o cn W A g a x ,o ED 0 3 o 9 P4 °' 4 bb 4 bb bb 0i O O U a W 0 3 3 3 3 3 0 °- +°• o P. PS q V) ss ¢ w a, w m CITY OF SOUTH MIAMI PLANNING BOARD Action Summary Minutes Tuesday, August 129 2008 C ity Commission Chambers DR1:0 F" 7 :30 P.M. EXCERPT 1. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:294P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Chairman Morton requested a roll call. Board members present constituting a quorum: Mr. Morton, Ms. Yates, Mr. Farfan, Mr. Cruz, Mr. Comendeiro, Ms. Young, and Ms. Chael. City staff present: Eve Boutsis (City Attorney), Ricardo Soto - Lopez, (Planning Director), and Sanford A. Youkilis (Consultant), Lluvia Resendiz (Zoning Tech), and Lourdes Cabrera (Planner). III. ADMINISTRATIVE MATTERS: III. Planning Board Applications/Public Hearing PB -08 -027 Applicant: City of South Miami AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST TO AMEND THE LAND DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO PROVIDE NEW DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING, GROUP HOME, AND MODIFYING THE DEFINITIONS OF COMMUNITY RESIDENTIAL HOME AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION 20 -3.3 (D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE DISTRICTS WHICH WILL PERMIT BOARDING HOUSES, TOURIST DWELLINGS, AND GROUP HOMES; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. Action: Ms. Chael read the item into the record. Mr. Soto -Lopez advised that the City Manager requested a meeting to discuss the resident's concerns related to their community. At such time he was advised to revisit the definitions in the Land Development Code. After looking at the Code in depth it was discovered that it lacked definitions that provide protection to the residents of certain communities. He advised that the City Attorney drafted an ordinance with new definitions of group home and family. The group home definition before the Board provides a definition with and without a license. The intent of the proposed definitions is to supplement the existing definition of community residential home for six or less persons. Planning Board Meeting August 12, 2008 Page 2 of 6 The definition also provides criteria for locating these residential uses in RS, RT, an RM housing districts pursuant Florida Statue 419 which provides a level of protection to individuals who utilize these types of residential uses. Mr. Soto -Lopez further added that staff is trying to identify a definition as well as provide a distance requirements from single family residential and multi- family zoning districts. For unlicensed group homes a special use permit will be required in RS, RT, and RM zoning districts. The definition of family has been expanded to differentiate a family from a group of individuals whose association is temporary or seasonal. Staff recommended that the proposed definitions and changes to the permitted use schedule be approved. Mr. Soto -Lopez also addressed that a new definition for bakery was also included due to the need to respond to businesses interested in locating in South Miami. Ms. Boutsis advised that the Florida Legislature created a Statute regulating different types of group homes with certain licensing requirements and also creating an exception to zoning. There are certain areas within the City not yet regulated that have been used as group homes. The definitions are for the purpose of going forward with the regulations. She advised that there should be consideration that complete zoning eliminating group homes is protected under the Florida Legislature with laws such as the Florida Housing Act, Americans with Disability Act, Rehabilitation Act, and Federal due process. There has been a trend of certain uses that residents do not appreciate in their neighborhood. To address these trends certain cities have incorporated mechanisms address the issues. This City's definition proposals will not fix the current situation because at the time of their establishment there were no rules prohibiting their use. However, the new definitions will regulate properly by creating a distance requirement where they are permitted as a matter of right and areas were they will not be from here forward. The mechanisms are to protect the residential character of the neighborhood and at the same time the proposed mechanisms will protect the rights given by the government with persons with disabilities. Ms. Boutsis advised that drug and alcohol addiction are considered a disabilities under the Americans with Disability Act. Mr. Morton questioned if the proposed language will eliminate a geographical distance. Ms. Boutsis replied that it will not eliminate but rather it will create a geographical distance. Ms. Boutsis added that group homes requires that there be a 1200 feet distance form another group home that has 7 to 14 people. She also stated that there is a less restrictive category of 6 or less people in a group home which will require a 1000 foot distance from another facility. Mr. Morton questioned if adjacent properties may be united via a unity of title. Ms. Boutsis replied that a group home will be determined by the amount of people. Ms. Chael questioned if the size of the property determines the size of occupancy. Ms. Boutsis replied that state law does not address that. She further added that the City Code has occupancy requirements that may not exceed 7 -14 persons for multifamily. Mr. Morton stated that the text amendment does not address the maximum parking requirements. Ms. Boutsis replied that there are certain parking requirements for single family homes in the LDC. Ms. Boutsis added that if there is a violation concern regarding parking, then other mechanisms respond to that. She advised that the Board must also be cautious about setting regulations that may violate the Fair Housing Act. Ms. Yates, Ms. Young, and Ms. Chael suggested making some technical and spelling changes to the proposed text amendment and the Board agreed. Mr. Morton questioned the ramifications that the definition for "single family non - profit" would impose on the City. Ms. Boutsis advised that the definition has worked in other municipalities and Planning Board Meeting August 12, 2008 Page 3 of 6 for that matter the administration has decided to use the definition. Chairman Morton opened the Public Hearing. Name Address Position David Tucker Mr. Tucker advised that the Board shall be cautious of how they approve the proposed definitions and should be sure that the definitions are accurate. He further added that when approving the definitions the Board should be conscious about not discriminating against any group. Bob Welsh 7437 SW 64 Court Mr. Welsh questioned if the proposed text amendment establishes a 1000 foot barrier among any type of group home whether licensed or not. He advised that the 1000 foot separation is needed in order to not have a juvenile foster care facility 333 feet from another licensed rehabilitation facility and 333 feet from an adult living facility. He advised that the neighborhood is overburdened by 5 of the rehabilitation facilities within a 200 foot area. Ms. Boutsis replied that the City cannot expand the proposed distance requirements mandated by State law. Mr. Welsh advised that he submitted, to the Department, a schedule of non - related inhabitants per bedroom in order to avoid having five non - related people living in an apartment. James Campo 7451 SW 63 Court Mr. Campo provided some case citations that are not supportive of local governments approving regulations for group homes. He stated that the City .Attorney was incorrect for saying that the Florida Statute cannot regulate distance requirements for group homes. Ms. Boutsis replied that the cases she cited were rulings made by the Southern District of Florida Court and the rulings have been- recent cases. Claudia Harris 5752 SW 77 Terrace Ms. Harris stated that she has been a consultant for the Association of Retarded Citizens C) and has been maintaining the house of adults living in group homes for over 25 years. S e stag that she has inspected several licensed and unlicensed group homes to see if they are ap opriate situations and living conditions. Ms. Harris stated that the community along SW 63 Court needs some regulations as soon as possible. Sharon McCain Ms. McCain advised that it is the Board's responsibility to visit the site prior to the meeting date. She further questioned as to why the City Attorney only referenced the Southern District Court and not the other two districts. She was concerned about the parking issue not being addressed because there are many cars infiltrating that neighborhood. Ms. McCann further added that it was incorrect for the City Attorney to say that parking is a Code Enforcement issue. The code is lose and must be tightened up. If the City Administration and the City Attorney would think ahead the neighborhood would not be experiencing this situation. She stated that the appropriate research was not conducted and referenced a case ruling in Hernando County to support her statement. She advised that the Board should not only rely on what they are being told by the attorney because people in the audience have done their research also. At this time Mr. Comendeiro requested to be excused and for the Planning Board to accept his resignation. Jerry Coburn 8511 SW 63 Avenue Mr. Coburn questioned if the home owners are not required to have a license to operate a business in the City of South Miami. Ms. Boutsis replied in the negative adding that the Certificate of Use Planning Board Meeting August 12, 2008 Page 4of6 would be the only required license. She added that the owner of a residential unit does not have to disclose their tenant's information. Ms. Boutsis stated that the LDC text amendment has a provision to have spacing around the group homes in order to have control. Ms. Boutsis further cautioned that there are several forms in which the City may run into trouble with the Fair Housing Act, ADA, and Rehabilitation Act, such as a discriminatory intent. She cautioned the residents to be careful of creating a process that would create a discriminatory intent. John Edwards Smith Mr. Edwards Smith stated that the neighborhood is in a crisis. He has engaged to work with the communities affected throughout the State. The program does not require licenses but he is working with others to propose changes to the Florida State law to regulate alcohol rehabilitation centers. He has met with State Representative Julio Robaina and is working on the changes. He trusts that the City will do the best it can to address the resident's concerns. The parking issue should be considered by staff as it relates to multi - family. Simon Ferro 1221 Brickle Avenue Mr. Ferro advised that he represents the property owner. He advised that the owner is not using the properties in an illegal way. The State overrules cities that violate the Fair Housing Act or any act that was created to protect minorities. The Federal Law and the courts have reaffirmed that those in rehabilitation centers fall under the ADA and the protections of the Fair Housing Act. He advised that he will defend the rights of these persons. The owner has met with the City and the neighbors to explain their operations. He understands the existing high emotions but the persons living in the neighborhood are law abiding citizens just as neighbors are expected to be. The habitants in the homes in question have the right to be there as long as they do not break the law. If there are any - code violations the owner will take the actions to correct the. Mr. Ferro advised that the owner does not want to be treated any different than other neighbors and the owner has the mission to do whatever can be done to address all the issues that have been raised in order to ensure a good neighbor relationship. Ms. Young questioned if the neighbors are making illegitimate statements regarding their concerns. Mr. Ferro replied that they are not living there illegally but if there re any issue with them being there that violate the City Code or the LDC, then the owner will address those issues. Mh Cruz questioned if the owners are legally responsible for any situation that may occur considering that there is a home with disabled people who are not being monitored. Mr. Ferro replied that the owner will not be any more liable than another owner renting his property would be if renting to a person that would create liability. Mr. Ferro added that currently there is a voluntary person who ensures that the regulations are being followed. The owner does not regulate what the tenants do. They just make sure the tenants are under curfew and that they are undergoing treatment. Jeff Guerra Mr. Guerra stated the owner has not worked with the residents like he said he was going to. It has been over a month and the owner has not done what he promised he would. Mr. Guerra stated he was concerned that South Miami Hospital has another community in a residential area. He further added that the group homes are legal but that he does not want them to be allowed to expand. Louis Ferrer Mr. Ferrer stated that the neighborhood is not the same. The neighbors are not happy because they do not know who is coming into their neighborhoods. He stated that there are people who look Planning Board Meeting August 12, 2008 Page 5 of 6 like they should not be walking around the city are in his neighborhood. It does not feel safe walking around the block. He stated that his neighborhood is in a state of an emergency and something must be done. Claudia Fernandez Ms. Fernandez requested that no one should park in her empty lot because it is private property and something must be done. She just went through the approval from the city for the construction of her single family home. If this situation continues she will not build, sell the property, and move. Nolly Granados Ms. Granados questioned if sex offenders may move into the area without any background check. Ms. Boutsis_ replied that there is a regulation that the City, as well as Miami -Dade County, passed requiring that all registered sex offenders are supposed to be checked. Ms. Granados was concerned that there are people living there without any form of background check. Susana Malley Ms. Malley advised that she is considering doing an addition to her home which will improve the neighborhood but does not know if it is a good idea with all that is going on in that area. She stated that the area need some help and something must be done to prevent these homes from expanding. Bill Wilson Mr. Wilson echoed the same sentiments as his neighbors. He stated the does not understand why they have to live there. He noted that the City must correct the situation. Chairman Morton closed the Public Hearing. - - Mr. Cruz questioned how the law will affect the existing group homes. Ms. Boutsis replied that if the law is enacted it will be used to measure the 1000 feet for future homes but could not be used to the existing homes because they existed before the law was enacted. Mr. Cruz further questioned if the two homes under discussion are the only two group homes in South Miami. Ms. Boutsis replied that the two homes under discussion are the only homes that have been brought up to the attention of the Administration and the City Commission. Ms. Yates stated she was in favor of approving the text amendment with the recommendations made by the Board_ Ms. Yates also requested that staff research the practice of other municipalities with regards to parking requirements and number of bedrooms because that may need more regulation. Ms. Chael requested that staff get together with ERPB to draft guidelines of how the issue related to parking may be addressed. Ms. Boutsis replied that it would be a Code Enforcement issue and not an ERPB jurisdiction. Mr. Cruz questioned if there was a way to link the parking issue to the proposed definitions. Mr. Youkilis advised in the negative because it has not been advertised. Ms. Boutsis further added that it should be on a separate agenda. By having it on a separate agenda staff may have ample time to accurately research the practices of other municipalities. Ms. Young questioned why the City Commission cannot act on the proposed text amendment at an earlier date considering it is an emergency. Ms. Young requested that it be considered within 60 days. She also requested that the record reflect that there were children present concerned about safety. Mr. Youkilis advised that it could be on the City Commission meeting of September 2, 2008 for adoption. Mr. Youkilis replied that it has to be advertised. Planning Board Meeting August 12, 2008 Page 6 of 6 Motion: Ms. Yates moved to approve.the proposed text amendment and Ms. ChaeI seconded with the technical recommendations made by the Board. Vote: 6 Aye 0 Nays (Mr. Comendeiro not present) W:\PB\PB Minutes\2008 Minutes\August\PB- Min- 08- 12- 08. doe �Om?��F_ZW��006 N y�WOZY ='>SF -p WZUr U, �'`L �ZOp¢ Ec9� aC7ZZ O ❑ NOw¢co K2 OKO ' "UWwuWwVo O; U �:=2WO MEG';! w p<0-zz p woz� Z, >WEJz<- W3:.Jz 'z Q,W�Z U o 3:m , < _❑ZZw❑z-- g .wr- 'sgW °.ywLLW�.:w O:i:':a �W �W K❑ N7FONLL .'L 2 LL"S.G:❑pOF- NHW❑ W zO ❑wZid WO N ti?N y O Uui.wNZ�: O NOOW �: N Z.- '' U i O >FZ '• z 0w E¢O Zw 0 1-MX. ¢OK60m6 o' 4.... . ~ 'm X. W:,.; 6'W,I -OD6 :Q 60FW, U .JU J Z �~ U .a 0 V yamdm� o ;d¢W: ?aG m, a E$t. 0000 ,E_ T cU. m 7E' 3Wf° ,,WT gLLVW E.` cam. m°L°md Wm¢ m mm E dE= amt 3FWp - mo53'm mrn� w ~FS-> = wm3 n�m3 uW.apy c_o X22 o °m =m❑ `4.; .. m my Et m °,o wOV� - q - wZF7 °•� LL m T 20¢O mm di -mmNVm y00o w4m0 gin > -m Q_ NQ -' o�Fx�zN K.. 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N W > N U d � to Q � Of 2 0 F to 0 m O mwto t13 LL i') Q H� m U Z ai O N_ N N t6 m cu m a Z N C O C N O rJ v N aNi U Q rn N N O O r O W 7 M O O Qr to otj 0000 b N m N .n E a`) Z n j= O Z ti 7 -0 ur N O Q 'rq U 9'. t4 V ry� IL Miami; no cover. 305 -35B -3600. Free Fridays: Wine and bar food accompanied by exhibition tour, 6 to 9 p.m. Friday; Dynamo Cafe, 1001 Washington Ave., South Beach. 3305 -531 -1001 or information@the- wolf.flu.edu. New England Clam Bake Sundays - Dinner: Features choice of soup or salad appetizer, a one- and- a -half- pound lobster, mussels, clams, com on the cob, roasted potatoes, and choice of dessert A glass of house wine is also available for $S; 5 to 10 p.m. Sunday; Oceanalre Seafood Room, 900 S. Miami Ave., Suite 111, Brickell; $36.305. 372 -8862 or theo- ceanaire.com. FILM Cyrano de Bergerac. A French movie with English subtitles directed by Jean Paul Rappeneau and Gerard Depardieu. The film is originally a play written by Edmond Rostand in 1897 based on the life of Cyrano de Bergerac 7 p.m. Friday; Alliance Francaise Miami, 618 SW Eighth St., Miami; $10,$S members. 305-859 -8760 or afmiami.org. Miami Beach Cinematheque: 512 Espanola Way, Miami Beach; $10,$7 MBC members and students. 305- 673 -567 or MSCINEMA.com: a The Last Mistress, this drama film directed by Catherine Braillatshows the secrets, rumors and betrayals that revolve round the upcoming marriage between a penniless rouge and a woman belonging to the aris- tocratic class of France; 7:45 p.m. and 9:45 p.m. Friday - Sunday; a Where the Truth Lies. This Cana- dian drama - mystery - thriller film directed by Atom Egoyan is based on the Novel of Rupert Holmes which shows a young journalist known for her celebrity profiles, try- ing to discover the truth behind a past incident of murder that affects the lives and careers of a showbiz team; 8:30 p.m. Thursday. Pierrot Le Pow This film is the tale of the unorthodox life of Pienct, the annoying nickname given to unhap- pily married Ferdinand Griffon by his ex- girlfriend. He leaves his wife and children and flees with Marianne only to Find himself chased by Algerian gangsters in a traveling crime spree from Paris to Mediterranean; 7 p.m. today; The W olfsonian -FIU, 1001 Washington Ave., Miami Beach; $10, free - members and students. 305 -535 -2645 or wolfsonian.org. Things f Never Told You: Spanish movie by Isabel Colxet with English subtitles. Story of a girl. who has recently moved to Eastern Europe. She receives a call from her boy- friend in which he tells her that their relationship is over. Eventually, a few minutes later, she swallows all her nail polish; 7 p.m. Tuesday; Centro Cultural Espanol, BOO Douglas Rd. Ste. 170, Coral Gables; Free. 3OS -448 -9677. Young Spanish Filmmakers Cycle: Centro Cultural Espanol shows four recent successes of Spanish cinema. Isabel Coixet, Iciar Bollain, Juan Car- los Fresnadillo and Alejandro NEIGHBORS CALENDAR Amenabar are some of the best known Filmmakers of the actual Spanish cinematography. The four motion pictures selected offer an accurate overview of the different genres and styles that are shown in the Spanish theater, 7 p.m. Tuesday; Centro Cultural Espanol, 800 Doug- las Rd. Ste. 170, Coral Gables; Free. 305- 448 -9677, MIAMI -DADE SPECIAL ART EVENTS Battle Of The Bands: In connections with a rock- 'n'-roll art exhibit (see below), South Florida -based bands perform, including The Pots & Pans, Sinister Smith. Airship Rocketship, Electric Bunnies, N Club.7 p.m. Thursday, Aug. 28; Museum of Con- temporary Art (MOCA), 770 NE 125th St. Joan Lehman Building, North Miami; free with museum admission, of $5. $3 students and seniors with ID, free for members. children 11 and under and North Miami residents. 305 -893 -6211 or mocanoml.Drg. Deco and Design Tour: Two -hour adventure begins with a walking tour of the Art Deco District, then moves inside to explore the Wolfsonian's collection. Focuses on New Deal architecture and the exhibition -A Bittersweet Decade -The New Deal in America. RSVP and advance ticket purchase required; 6 p.m. Friday; The Wolfsonian -FLU; 1001 Washing- ton Ave., Miami Beach; $20 -non members, $10- members. 305 - 535.2644 or education@the- wolf.hu.edu. Egypt's Golden Empire. Screening of film on Egypt when it was the cen- ter of the known world, its Pharaohs called gods and great cities, temples and tombs built. 6:30 -7:30 p.m. Thursday, Lowe Art Museum, Univer- sity of Miami, 1301 Stanford Dr.. Coral Gables free with paid museum admission: $10, $5 seniors and non -UM students,, free for members and UM students, faculty and stu- dents with ID. 305. 284.3535 or low - emuseum.org. Lecture on Artist Carlos Endquez: Juan Martinez, an art historian and director of the Art and Art History Department at Florida International University, lectures on the life and work of the late Cuban modern mas- ter painter: 7 -9 p.m, Wednesday; Cernuda Arta, 3144 Ponce de Latin Blvd., Coral Gables: free. RSVP at 305 -461 -1040. MIAMI -DADE ART MUSEUMS INSTITUTIONS Bass Museum of Art: 10 a.m: 5 p.m. Tuesday - Saturday, ll a.m: 5 p.m. Sunday; 2121 Park Ave. (in Collins Park), Miami Beach; $12 adults, $10 seniors, $6 students, free for kids 5 and under. 305- 673 -7530 or bass- useum.org: 10th Century Works on Paper from the Fundecidin Mapfre Collec- tion, 80 works by some of the 20th century's most renowned Spanish artists plus artists from other coun- tries who were influenced by Spain. Artists include Pablo Picasso, Joan Mira, Sonia Delaunay, Juan Gris, Francis Picabfa and Joaquin Torres - Garcia; through Nov. 2. e Treasures from the Bass Museum DFA(t selected collection from the museum, includes tapestries and paintings by masters such as Sandro Botticelii and Domenico Ghirlandaio. Coral Gables Museum Exhibition: Features art and artifacts that will be displayed at the new museum set to open in 2009. Includes Coral Gables memorabilia and items highlighting the four visionaries behind the City Beautiful; 1-4 p.m. Wednesdays and Sundays until the museum opens in 2009; Old Spanish Village. 2901 Ponce de Leon Blvd., Coral Gables; free. 305.910 -3996. Historical Museum of Southern Flor- ida:101 W. Flagler St., Miami; 10 a.m.-5 p.m. Monday - Saturday and noon -5 on Sunday; $8 adults, $5 kids 6 -12, free for members and kids 5 and under. Free admission 10 a.m -5 p.m. every second Saturday. 305 -375 -1492 or hmsf.org: o Anne ldergen- Florida Cartoons, editorial cartoons by one of the first women in the U.S. to break into the male- dominated field. Mergen's car- toons highlighted many issues that affected Florida, including Miami - Dade County; through Sept. 4. Jewish Museum of Florida: 10 a.m: 5 p.m. Tuesday-Sunday; 301 Washing- ton Ave., Miami Beach. $6 adults; $5 students and seniors; free for kids 5 and under. 305- 672 -5044, ext. 21: • Florida Jews in Sports, exhibit portrays athletes on miniature play - Ing fields and highlights the impact of more than 150 Floridian Jews who participated in or covered 24 sports over more than a century, including players, coaches, team owners and journalists; through Feb. 15. • MOSAIC., Jewish Life in Florida, features more than 500 photo- graphs and artifacts. Lowe Art Museum: 10 a.m -5 p.m. Tuesday - Wednesday, noon -7 p.m. Thursday, 10 a.m: S p.m. Friday -Sat- urday, noon -5 p.m. Sunday, closed Mondays; University of Miami, 1301 Stanford Dr., Coral Gables; $10,$5 seniors and non -UM students, free for members and UM students, fac- ulty and students with ID. 305 -284 -3535 or Ipwemuseum.org: • Excavating Egypt-GreatDiscover- ies from the Petrie Museum ofEgyp- Han Archaeology, traveling exhibi- tion tells the story of British pioneer and archaeologist Sir William Mat- thew Flinders Petrie. He participated in excavations in Egypt for more than 50 years. The exhibition dis- plays 221 of his most significant finds; through Nov. 2. Margulies Collection at the Ware- house: The museum is temporarily closed for major renovations. It will reopen in early November with new exhibition of sculpture, video and photography; ll a.m.-4 p.m. Wednesdays - Saturdays; 591 NW 27th St. Miami; free. 305 -576 -1051, Miami Art Museum: 10 a.m: 5 p.m. Tuesday - Friday, noon -5 p.m. Satur- day and Sunday; 101 W. Flagler St., Downtown Miami; $8,$4 seniors, free for members, students and chil- dren and every second Saturday of each month 305 - 375-3000 or mia- miartmuseum.org: e Sean Duffy -New Work, the Los Angeles -based artist known for Fus- ing multiple turntables into f mo- tional single players displays his installation inspired by California pop culture of the 1960s. Features a TURN TO CALENDAR, 30 COURTESY NOTICE CITY OF SOUTH MIAMI, FLORIDA On Tuesday, September 2, 2008, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, the City Commission will hold Public Hearings to consider the following items: AN ORDINANCE RELATING TO A REQUEST TO AMEND LAND DEVELOPMENT CODE SECTION 20.3.3(E) ENTITLED "OUTDOOR SEATING/DINING FOR ALL COMMERCIAL PROPERTIES, EXCEPT FOR PROPERTIES IN THE RO RESIDENTIAL OFFICE ZONING DISTRICT" IN ORDER TO AMEND THE REQUIREMENTS AND STANDARDS APPLICABLE To OUTDOOR SEATING FOR RESTAURANTS; DELETING REPETITIVE SECTION 20 -729 ENTITLED "OUTDOOR SEATINGIDINING USES AND AREAS ". fThe above ordinance is being advertised in the event that substantial changes are introduced at the August 27, 2ooe meeting, therefore requiring a subsequent hearing). AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF SOUTH MIAMI, FLORIDA TO REMOVE SECTIONS 20.4.5 (H), 0), (J), (19, (Q. (M) AND (Ni FROM ARTICLE IV, SECTION 20-4.5 ENTITLED LANDSCAPING REQUIREMENTS IN ORDER TO PROVIDE FOR A NEW SECTION 20 -4.12. ENTITLED TREE PROTECTION; CONTAINING INTENT, DEFINITIONS AND APPLICABILITY; PROVIDING FOR TREE REMOVAL PERMITAPPUCATONS, REQUIREMENTS, REVIEW, FEES,ANDCRITERIA FOR REMOVAL: PROVIDING FOR TREE MITIGATION AND PROTECTION, APPEALS, ENFORCEMENT PENALTIES AND REMEDIES; PROVIDING FOR A REPEAL PROVISION AND A SEVERABILITY CLAUSE AN ORDINANCE RELATING TO NOISE, AMENDING ARTICLE III, SECTION 15 -91, OF THE CODE OF ORDINANCES; CHANGING THE DATE AND TIME WHEN CONSTRUCTION NOISE IS PERMITTED, PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING. f AN ORDINANCE RELATING TO A REQUEST TO AMEND THE LAND II DEVELOPMENT CODE BY AMENDING SECTION 20 -2.3 ENTITLED "DEFINITIONS" IN ORDER TO PROVIDE NEW DEFINITIONS FOR BAKERY, BOARDING HOUSE, TOURIST DWELLING, GROUP HOME, AND MODIFYING THE DEFINITIONS OF COMMUNITY RESIDENTIAL HOME AND FAMILY; AND AMENDING LAND DEVELOPMENT CODE SECTION 20.3.3 (D) ENTITLED "PERMITTED USE SCHEDULE" IN ORDER TO SET FORTH THE ZONING USE DISTRICTS WHICH WILL PERMIT BOARDING HOUSES, TOURIST DWEWNGS, AND GROUP HOMES. AN ORDINANCE RELATING TO THE PERMIT FEEIFEE SCHEDULE; AMENDING ORDINANCE 32 -DT, -1763 AND 15 -04 -1822 AS AMENDED BY ORDINANCES TO, INCREASING SOME PERMIT FEE, ADDING NEW FEES AND DELETING SOME FEES FROM THE SCHEDULE. AN ORDINANCE RELATING TO THE CODE OF ORDINANCE; AMENDING SECTION' 2- 2.1(A) ENTITLED "RULES OF PROCEDURE FOR CITY COMMISSION MEETINGS ", TO ALLOW FOR MEETING TIME UMITS. A RESOLUTION FOR SPECIAL USE APPROVAL FOR A SMALL RESTAURANT TO BE LOCATED AT 5800 SW 73- STREET WITHIN THE "SR 0D -0V)" SPECIALTY RETAIL (HOMETOWN DISTRICT OVERLAY) ZONING DISTRICT ON PROPERTY LEGALLY DESCRIBED AS LOTS 46 AND 47 LESS THE WEST 60 FEET, W A LARKINS SUBDIVISION ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3 AT PAGE 198 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY. If you have any inquiries on the above items please contact the City Clerk's office at: 305- 663 -6340. ALL interested parties are Invited to attend and will be heard. Maria M. Menendez, CMC City Clerk Pursuant to Rodd. Blalutes 286.0105, the City hereby advises the pubic Nat ff a person decides to appeal arty dedsien made by Nis Board, Agency a Commiasloo with mpe d to any mafter corside ad at TLS meeting or hexing, he w she coil need a record of the poc�ngs, and that hr suds Pap... affected person may need 1. ensure that a verbatim reed or the p ,&!edings Is made which record includes it, teslinwny and e6dama upon fth the appeal is to be based.