Ord. No. 04-05-1826ORDINANCE NO. 04-05-1826
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE BY AMENDING SECTION 20- 3.7(E)(1)(c)
ENTITLED "MIXED USE (PUD- M)", IN ORDER TO CORRECT A TECHNICAL ERROR
RELATED TO THE MAXIMUM DISTANCE FROM A PLANNED UNIT DEVELOPMENT MIXED
USE PROJECT AND THE METRO RAIL STATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the PUD -M zoning district was created by the City to allow for a flexible
development process which also encourages a mix of uses in close proximity to the Metro Rail
station; and
WHEREAS, the Planning Department has been in the process of reviewing a development
proposal which includes a request to change zoning to "PUD -M" Planned Unit Development -
Mixed Use District; and
WHEREAS, during the review process it was discovered that one of the standards in the
PUD -M section (Section 20- 3.7(E)(1)) contained a technical or scrivener's error which requires
correction.; and
WHEREAS, one of the general requirements for a PUD -M district provides that there must
be more than 1200 feet distance from the Metro Rail to a development in the PUD -M, which
conflicts with the basic objective of having PUD -M projects within walking distance of the station;
and
WHEREAS the above wording if not corrected could lead to PUD -M rezoning requests in
areas far away from the Metro -Rail affecting mixed use areas like SW 62 Avenue, Madison
Square, other areas designated Mixed Use Commercial /Residential Land Use, as well as
residential neighborhoods; and
WHEREAS, the current language is obviously a scrivener's error which needs to be
corrected via the adoption of a technical amendment; and
WHEREAS, the Planning Board at its January 25, 2005 meeting, after public hearing,
approved a motion by a vote of 5 ayes and 0 nays recommending that the proposed Land
Development Code amendment contained in this ordinance be adopted; and
WHEREAS, the City Commission desires to accept the recommendations 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- 3.7(E)(1), entitled "Mixed Use (PUD -M)" of the South Miami Land
Development Code is hereby amended to read as follows:
Section 20 -3.7
"(E) Mixed Use (PUD -M).
(1) General Requirements,
Pg. 2 Ord. No. 04 -05 -1826
(a) A PUD -M district may be established for complementary and compatible
combinations of commercial, office, hotel or motel, multi family
residential and similar uses directly located and related to the MetroRail
station.
(b) Such planned unit developments shall be subject to the general
procedures, standards and requirements of this Code applicable to all
planned unit development, as well as the requirements of this section.
(c) The closest major pedestrian entrance to any proposed PUD -M
development shall be ffet less than twelve hundred (1,200) feet_from the
MetroRail station, as measured along the shortest route to accommodate
the largest number of pedestrians. "
Section 2. All ordinances or parts of ordinances in conflict with the provisions of this ordinance
are hereby repealed.
Section 3. If any section, clause, sentence, or phrase of this ordinance is for any reason held
invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this /6 �k day of
ATTEST:
CITY CLERK
1st Reading : 2/1/05
2nd Reading: 2/15/05
READ AND APPROVED AS TO FORM
T ATV#%PJNEY
005
APPRO
MAYOIj. J
COMMISSION VOTE:
4 -0
Mayor Russell:
Yea
Vice Mayor Palmer: out
of room
Commissioner Wiscombe:
Yea
Commissioner Birts- Cooper:
Yea
Commissioner Sherar:
Yea
NOTE: New wording indicated by underline; wording to be removed indicated by
strike- through.
E:\Comm Items \2005 \2- 15- 05 \LDC Tech Amend PUD -M Ord.doc
To: Honorable Mayor, Vice Mayor Date: February 15, 2005
And Commission Members
ITEM No.1
From: Maria Davis Re: LDC Amendment
City Manage PUD -M Technical
Correction
ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF SOUTH MIAMI
LAND DEVELOPMENT CODE BY AMENDING SECTION 20- 3.7(E)(1)(c) ENTITLED "MIXED USE
(PUD -M)" IN ORDER TO CORRECT A TECHNICAL ERROR RELATED TO THE MAXIMUM
DISTANCE FROM A PLANNED UNIT DEVELOPMENT MIXED USE PROJECT AND THE METRO
RAIL STATION; PROVIDING FOR SEVERARMITY; ORDINANCES IN CONFLICT; AND
PROVIDING AN EFFECTIVE DATE.
BACKGROUND
During the past several months, the City has been in the process of reviewing a development
proposal entitled "Red Road Commons ", which includes a request to change zoning from
TODD(MU -4) to "PUD -M" Planned Unit Development -Mixed Use District. The LDC
provides a separate section on PUD -M in which requirements, uses allowed and minimum
standards are set forth for the district (Section 20- 3.7(E)(1)). During one of the meetings on the
Red Road Commons project, it was noticed that one of the standards in that section contained a
technical or scrivener's error which requires correction.
TECHNICAL ERROR
The PUD -M zoning district was created by the City to allow for a flexible development process
which also encourages a mix of uses in close proximity to the Metro Rail station. This is
illustrated by the following excerpt from the PUD -M section in the Land Development Code.
Section 20 -3.7
"(E) Mixed Use (PUD -M).
(1) General Requirements.
(a) A PUD -M district may be established for complementary and compatible
combinations of commercial, office, hotel or motel, multi family
residential and similar uses directly located and related to the MetroRail
station.
LDC Amendmend
February 15, 2005
Page 2 of 2
(b) Such planned unit developments shall be subject to the general
procedures, standards and requirements of this Code applicable to all
planned unit development, as well as the requirements of this section.
(c) The closest major entrance to any proposed PUD -M development shall be
not less than twelve hundred (1,200) feetfrom the MetroRail station, as
measured along the shortest route to accommodate largest number of
pedestrians. "
The above text shown in bold and underlined can be read as requiring a PUD -M to be more than
1,200 feet from the Metro Rail Station which conflicts with the basic objective of having PUD -
M projects within pedestrian walking distance of the station. Both staff and the developer
interpreted the sentence to read that a PUD -M project must be within 1,200 feet of the station.
This wording, if not corrected, could lead to PUD -M rezoning requests in areas far away from
the Metro -Rail affecting mixed use areas like SW 62 Avenue, Madison Square, other areas
designated Mixed Use Commercial/Residential Land Use, as well as residential neighborhoods.
LDC PROPOSED AMENDMENT
It is proposed that subparagraph (c )_be amended to read:
"(c) The closest major entrance to any proposed PUD -M development shall be
nw less than twelve hundred (1,200) feet from the MetroRail station, as
measured along the shortest route to accommodate the largest number of
pedestrians. "
PLANNING BOARD ACTION
The Planning Board at its January 25, 2005 meeting, after a public hearing, adopted a motion by
a vote of 5 ayes 0 nays to recommend approval of the proposed technical amendment to the
PUD -M section of the Land Development Code.
RECOMMENDATION
The current language is obviously a scrivener's error which needs to be corrected. It is recommended
that the proposed amendment be adopted on second reading..
Attachments:
Proposed Ordinance
Public Notices
MD/DOD /SAY
E: \Comm Items\2005\2- 15.05V -DC Tech Amend PUD -M Report.doc
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath say's that he or she is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review We Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that theatteghed copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING 2115/2005 -
in the XXXX Court,
was published in said newspaper in the Issues of
02/04/2005
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount bate, commission or refund for the purpose
of securm it a v�rtls en r publication in the said
news p a r.
Sworn to and subscribed before me this
04 d BRUARY 5
.'po' Maria 1. Mesa
(SEAL) ��,, My Commission DD2938M
O.V. FERBEYRE personally kno , "gxpi°ss March 04, 2906
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...,,.,-e ^n ecv
COURTESY NOTICE
CITY OF SOUTH MIAMI, FLORIDA
On TLemay, Pebmery 16, 2005, beginning let ISO p.m., in the Clty
Commission Chambers, 6130 Sunset Drive, the City Commission will
hold Publie HeaHnOs to wembaerthe following ordinances:
AN ORDINANCE RELATING TO A REQUEST To AMEND THE OFFICIAL
BY DID EGNATING A COMMERCIAL BULGING MKA�ALLEN'S DRUGS)
PLACEMENTTOF A HISTORIC PRESERVATI AS AN HISTORIC SITE AND BY
ON N OVERLAY ZONE (HP-010 OUR
THE EXISTING ZONING USE DISTRICT FDH THIN PROPERLY.
Imguihes conceraq the above We hems should be directed to the Planning
Dapar WaI305-663.6326.
ALL Interested parties are Indiana to attend and well be beard.
Mach M Menendez
MyClerk
PomventtoflOdda SmlNe52a60105, at Dry Ioby uAtues itte 10ft Net ll n Pelson dedd -A
.,Gait en doreaen mans by Gds Dean, Ape or canes e'I n ene seeped to any mane[
conddsre0 at in mo0tlng or heaum , as N She wll need a reWIC of Me pea'eedeps..0 men $or
Suehgxpow,ottegetlp0rsonmayneetl to nome Bel 0 vorted. mwm 01 W 1.1odM Is meet
.b KWId M110C9ta91n8 mOnynrid ONasIn. 0 o MIon Ina aPPed Is 00 an0d.
PALMS
ATOADEUIN)
OPPORTUNITY LIMITED!
ONLYA FEW CONDOS
REMAINING...
SHARED Credit iJnnioaT SERYfiCE CEh7'fl'ERS
SOUTH PARK IvHAMI GARDENS
SHOPPING CENTER BRANCH
12111S Dixie Huy. 6173 NW 163 SL
PastshhorUS3 &SW 12851 , Hisieab.FL33015'
PiacaasS Ft 33356
305 -592 -7733 ext. 681/682
LOBBY HOURS
Mondays,'Nesdays & Thursdays: 9:00am to 5:00pia
Wednesdays: 9:30. to 3:30pre • Fridays: 9:00. In 6:00pm
Saturdays: 9:00am t61:00pm
Members of these South Plodda Credit Unions may use
MPS Credit Union's Pin=nLBranch as u Shared Service Center.
onedcan Alrilnes CU Knight- Ridder/ Miami Herald CU Peoples CU
Broward Schools CU Mercy CU Power T CU
City County CU Miami Beach FCU Priority One CU of FICh
Deg County FCU Miami Firefighters FCU South Florida FCU
Jet Stream CU' Miami Police FCU Tropical Financial CU
financial Federal CU Mount Sinai FCU University CU
.SOUTH PARK MIAMI GARDENS BRANCH
SHOPPING CENTER
12685&DWx Huy.. 6171 NW 183 Sc
PinecrtsC FL 35156 Iielnah. FL 33015
.tldy 305 -592 -7733 ext 681/682 r
Opportunity
Information Co.,
3 05 ®237 -6273
Sales
*pen Daily
a. au -- w
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she Is the
SUPERVISOR, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING FOR 2J1 /2005
in the XXXX Court,
was published in said newspaper in the issues of
01/21/2005
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County; Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day. (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securm his adve - ant for publication in the said
newspa r,
Swom to and subscribed before me this
21 o RY D• 2005
(SEAL) ip. °Wh da I. Messee
MY Commission DD293856
O.V. FERBEYRE personallyyn" Q trees March D4, 2008
W
8679
r>K
w r
On Tuesday, February 1, 2005, 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:
Second Headline Ordinances:
AN ORDINANCE ADOPTING PHASE II PLAN SUPPLEMENT AS UPDATING AND
MODIFYING THE SOUTH MIAMI COMMUNITY REDEVELOPMENT PLAN AND
PROVIDING FOR TRANSMITTING THE PLAN TO THE MIAMI -DADE COUNTY BOARD OF
COUNTY COMMISSIONERS; PROVIDING FOR FURTHER ACTIONS TO IMPLEMENT THE
PLAN.
AN
TO
PERMITTING FEES AND FINES FOR NON - COMPLIANCE, ISSUANCE OF FALSE ALARM
REPORTS AND APPEALS OF FALSE ALARM REPORTS.
First Reading Ordinance ,
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, PROVIDING FOR A TECHNICAL AMENDMENT TO THE CITY OF
SOUTH MIAMI LAND DEVELOPMENT CODE, BY AMENDING SECTION 20-3.7(E)(1)(cr
ENTITLED "MIRED USE (PUD -M1" IN ORDER TO CORRECT A TECHNICAL ERROR
RELATED TO THE MAXIMUM DISTANCE FROM A PLANNED UNIT DEVELOPMENT
MIXED USE PROJECT AND THE METRO RAIL STATION.
Inquiries concerning this item should be directed to the Planning Department at 305 -663 -6326. 1
ALL interested parties are invited to attend and will be heard.
Marta M. Menendez
City Clerk
Purso int 0 Fbtlde Statutes 206.0105, the City hereby advises the public that If a person decides to appeal any
decision made by this Board. Anenry or Commission wish respect to any matter considered at as me M or hearing,
he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure Nat a
verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal
he to be based.
VILLAGE OF PALMETTO BAY
VILLAGE COUNCIL MEETING NOTICE
LAND DEVELOPMENT
PUBLIC HEARING
The Village of Palmetto Bay Council shall be
meeting on Tuesday, February 15, 2005, at
7:00 p.m. The purpose of this meeting shall
be for the Council to conduct a public hearing
with regard to the Comprehensive
Development Master Plan,
The meeting shall be held at Deering Estate
Visitor's Center, 16701 SW 72 Avenue,
Palmetto Bay, FL 33157. Any meeting may be
opened and continued and, under such
circumstances, additional legal notice would
not be provided. Any person may contact the
Village Hall at (305) 259 -1234 for information.
In accordance with the Americans with
Disabilities Act of 1990, persons needing
'RELIGION, FROM 27
evening services will be con-
ducted by Rabbi David b. Schon-
bium, whose sermon topic will be
"Why Jethro Came," at 8 p.m.
Friday. Candle lighting is at 5:43
p.m. Shabbat morning services
will discuss the Torah portion,
Yitro at 9:30 a.m. Saturday.
Immediately following services,
Schonblum will lead a Lunch and
Learn entitled "Moses: A Lesson
in Jewish Leadership. " Shabbat
ends at 6:40 p.m. Shabbat eve-
ning services will be 8 p.m. Feb.
4. Candle lighting is at 5:49 p.m.
Shabbat morning services will
discuss the Torah portion, Mish-
patim at 9:30 a.m. Feb. 5. The
blessings for the new Hebrew
month of Adar I will be chanted.
Shabbat ends at 6:44 p.m. Miami
Heat Basketball game at 7 p.m.
Feb. S. A chartered bus will leave
the temple at 7 p.m. for the tipoff
at the American Airlines Arena in
Downtown Miami. Cost: $40 per
ticket and $7.50 for each round -
trip bus ticket. Call the Syp,a-
gogue office for reservations and
additional information. Kids
Club, open to children in kinder-
garten through fifth grade: meet-
ings will be held Feb. 9, March 9,
April 13 and May 11. All events will
be held at the temple. Dues for
the year are $60,, which will
include all regularly scheduled
activities and snacks. Daily Min -
yan is at 7:30 p.m. Monday
through Thursday. Temple
Samu -El Or Olom, affiliated with
the United Synagogue of Con-
servative Judaism, is a caring,
egalitarian and full service Con-
servative synagogue in South
Dade. For information call
305- 271 -5756. E -mail: tsoomia
mi @aol.com. Website:
www.tsoomiaml.org. .
Temple Sinai of North Dade,
305. 932 -9010: Tu B'shevat
Weekend is Friday and Saturday.
Friday evening is a special Shab-
bat Under the Trees service at
7:30 p.m. focusing on nature. The
service will be held outside at the
temple's holocaust memorial.
Saturday at noon is the annual
Blessing of the Animals. Bring
your pets for a special blessing.
Temple Zion Israelite Center,
305- 271e2311; Friday evening
Yartzeit and Kaddish service is
'rom 8:15 to 9 p.m. Saturday
horning services are from 10
e.m, to noon. Rabbi Seymour
= riedman will preach and teach.
-ull Kiddush follows service. Tal-
is and Tefilin Sunday morning
Cervices will be from 9 to 10 a.m.
�antor David Katzenstein chants
it all services. Services on all hot-
days are from 10 a.m. to noon.
]all for details. '
Third Church of Christ, Scientist,
Miami, 11001 SW 87 Ave.,.
305- 271.2040: Services and
Sunday School are at 10 a.m.
Sundays. Testimony meetings
are at 8 p.m. Wednesdays. Read-
ing Room hours are from 11 a.m.
to 1 p.m. Monday through Satur-
day, 6 p.m. to 8 p.m. Wednes-
days and from 2 P.M. to 4 p.m.
Sundays.
Unitarian Universalist Congre-
gation of Miami, 7701 SW 76th
Ave., 305 - 667.3697,
305- 667 -5056 (for children's
program):The 11 a.m. Sunday ser-
mon is 'entitled Reflections on
Senegal: Focus on Family by the
Rev. -Dr. Lucy Hitchcock Seck.
Another two part series will open
'windows first into the family
structure and life in Senegal.
Sociologically and spiritually,
there are insights to be gained
for American culture from a
West African culture rooted in
tribal and Islamic traditions.
Worship services every Sunday
at 11. a.m. "Way Cool Sundays,"
the dynamic, active approach to
religious education for children
and youths starts at 11 a.m. Sun-
days. Adult teachers and advi-
sors for three age groups and
teens, with nursery care avail-
able. Unitarian Universalism is a
liberal religion which encourages
men, women and children to
explore religious ideas and con-
temporary issues, honor diver-
sity, and act for social justice as
part of a compassionate commu-
nity. All are welcome, Visit
www.uumia.org. '
Unity Center of Miami, 16320
SW 147th Ave., 305 - 232.9503:
Singspiration at 10:45 a.m. Sun-
day at Temple Bet Breira, 9400
SW 87th Ave. At 11 a.m., Rev.
Charline Emanuel Rankin's talk
title will be "When The Morning
Comes."
University Baptist Church, 624
Anastasia Ave., Room 100,
305- 448 -4428, ext. 621 (for
childcare reservations): Mother
of Preschoolers Ministry (MOPS)
meets at 6:30 p.m. the first
Thursday of each month. Free
child care provided by reserva-
tion only. RSVP three days in
advance. Call for more informa-
tion.
Upper Room Assembly of God,
19701 SW 127th Ave.,
305- 251 -0876: Sunday Sched-
ule: Worship Services: from 9
a.m. to 11 a.m.; Children's Church
at 11 a.m.; Spanish Service at 7
p.m. Services at 7:30 p.m.
Wednesdays. TGIF Worship Ser-
vice at 7:30 p,m. Fridays. Child-
care provided.
Wayside Baptist Church, 7701
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