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25South Miami a�nme�acin CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER 2001 INTER - OFFICE MEMORANDUM To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Thomas J. Vageline, Director Planning and Zoning Departmen t(O I A. Date: September 21, 2010 ITEM No. Subieet An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes" and amending Section 20- 3.3(D) entitled "Permitted Use Schedule" and Section 20- 3.5(F) entitled "Dimensional Requirements Multi - Family Districts" in order to create a "MU -AH ", Mixed Use - Affordable Housing (Two story) Zoning Use District and to describe the purpose of the district, set forth uses permitted, and establish dimensional requirements, all for a zoning use district which in the future could be applied to development projects providing affordable housing units and commercial uses; providing for severability, providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST The South Miami Community Redevelopment Board at its August 9, 2010 received a report from the Agency Director proposing that the Planning and Zoning Department be requested to initiate the process of creating a new Future Land Use category and zoning district which help implement the Madison Square Development project. During the meeting the Board members (City Commission plus two citizens) expressed concern that the proposed re- zoning and the existing land use map category still contained a height maximum, that was too high to be compatible with the surrounding community. The CRA Board authorized Board member (Commissioner) Beasley to meet with the Planning and Zoning Department in order to come up with an alternative land use category and zoning district which would be more compatible with the neighborhood. If the proposed Future Land Use Map category of Mixed Used - Affordable Housing is acceptable, a companion new zoning district must also be created. NEW LDC AMENDMENT The Planning and Zoning Department has prepared a proposed amendment which creates a zoning use district which would be appropriate for use on property which has the future land use map category of, Mixed Use - Affordable Housing (Two Story). The zoning use district would also be called Mixed Use - Affordable Housing (Two Story) or "MU -AH" and would allow development within the limits set forth in the future land use map category. The amendments to the Land Development Code would be as follows: (1) Section 20 -3.1 Zoning use districts and purposes (B) District Purpose Statements. compatible mix of retail office business or professional _services and cultural/entertainment in a unified cohesively designed development. The residential component of developments in this district is mandatory and shall be limited to housing units which service the low to moderate income segment of the affordable Affordable Housing (Two Story) on the City's Comprehensive Plan. (2) Section 20- 3.3(D) entitled "Permitted Use Schedule" (See attached draft ordinance with the Permitted Use Schedule which shows the uses permitted in the new MU -AH Zoning District) New wording in bold / underlined. (3) Section 20- 3.5(F) entitled "Dimensional Requirements Multi - Family Districts" (See attached draft ordinance showing the various dimensional standards including density, FAR, setbacks, etc. for the new MU -AH Zoning District) New wording in bold / underlined. The LDC zoning amendments for the "MU AH" "Mixed Use - Affordable Housing" district can be implemented after the proposed future land use map amendment is approved. It is important to note that actual change to the Future Land Use Map and the Official Zoning Use District map will be scheduled for a future date. PLANNING BOARD ACTION The Planning Board at its August 31, 2010 meeting after public hearing adopted a motion by a vote of 7 ayes and 0 nays recommending the approval of the proposed zoning district. RECOMMENDATION It is recommended that the proposed changes to Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes ", Section 20- 3.3(D) entitled "Permitted Use Schedule ", and Section 20- 3.5(G) entitled "Dimensional Requirements Multi - Family Districts" in order to create a "MU -AH ", Mixed Use - Affordable Housing (Two Story) Zoning Use District be approved. Attachments: Draft ordinance (Exhibits A & B) Planning Dept. Staffreport8 -31 -10 Planning Board Minutes 8 -31 -10 TJV /SAY X: \Comm Items\2010 \9- 21.10\LDC Amend MU -AIJ Zone DistrictCM Report .doc 1 2 3 4 5 6 7 8 9 10 it 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ORDINANCE NO. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes" and amending Section 20- 3.3(D) entitled "Permitted Use Schedule" and Section 20- 3.5(F) entitled "Dimensional Requirements Multi - Family Districts" in order to create a "MU -AH ", Mixed Use- Affordable Housing (Two story) Zoning Use District and to describe the purpose of the district, set forth uses permitted, and establish dimensional requirements, all for a zoning use district which in the future could be applied to development projects providing affordable housing units and commercial uses; providing for severability, providing for ordinances in conflict; and providing an effective date. WHEREAS, the City's approved Evaluation and Appraisal Report adopted by the City Commission on January 5, 2006 via Ordinance No. 01 -06 -1869 and approved by the Florida Department of Community Affairs on May 19, 2006, recommends that a Future Land Use Map category and a new zoning use district be created in order to be used for the Madison Square Development project which will incorporate both affordable housing and commercial /retail uses WHEREAS, the Planning and Zoning Department has prepared an amendment to the Land Development Code which creates a companion zoning use district entitled "MU- AH", Mixed Use - Affordable Housing (Two Story)" which would be used to implement the Madison Square Development project; and WHEREAS, the Planning Board at its August 31, 2010 meeting adopted a motion by a vote of 7 ayes 0 nay recommending approval of the proposed amendment; and WHEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid amendment. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That Section 20 -3.1 entitled "Zoning Use Districts and Purposes" is hereby amended to add the following: (1) Section 20 -3.1 Zoning use districts and purposes" (B) District Purpose Statements. (30) "MU -AH" Mixed Use - Affordable Housing (Two Story): The purpose of this district is to permit mixed use proiects which combine affordable housing with a compatible mix of retail office business or professional services and cultural/entertainment in a unified cohesively designed development. The residential component of developments in this district is mandatory and shall be limited to 10 ii 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 housing units which service the low to moderate income segment of the affordable housing group as defined by the U.S. Department of Housing and Urban Development This district is appropriate in areas designated as Mixed Use - Affordable Housing (Two Storv) on the City's Comprehensive Plan. Section 2. That Section 20- 3.3(D) entitled "Permitted Use Schedule" is hereby amended as shown in the attached Exhibit "A" which shows the uses permitted in the new MU -AH Zoning District. Section 3. That Section 20- 3.5(G) entitled "Dimensional Requirements Nonresidential Districts" is hereby amended as shown in attached Exhibit `B" which shows the various dimensional standards including density, FAR, setbacks, etc. for the new MU -AH Zoning District. Section 4. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Section 5. 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 6. This ordinance shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this ATTEST: CITY CLERK Ist Reading - 2nd Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY day of 2010 APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: (New wording in bold and underlined; wording removed in o44u..:`:' ugh) Z: \Comm Items \2010 \9- 21- 10\LDC Amend MU -AH Zone District Ord. numbered.doc 1. 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Yard Setbacks (ft.) na 30 na Front: na na na 1 & 2 stories 25 25 25 25 25 3 stories na na na 30 na 4 stories na na na 35 na Rear: 1 & 2 stories 25 25 20 20 20 3 stories na na na 25 na 4 stories na na na 35 na Side (Interior) 1 & 2 stories 10 7.5 12.5 12.5 12.5 3 stories na na na 15 na 4 stories na na na 20 na Side (Street) I & 2 stories 15 15 25 25 25 3 stories na na na 30 na 4 stories na na na 35 na Between Buildings 20 15 20 20 20 Perimeterb 15 15 na na na Max. Building Height Stories 2 2 2 4 2 Feet 25 25 30 50 30 Max. Impervious Coverage ( %) 40 35 60 70 70 Townhouses allowed subject to all RT -6 requirements, except minimum site size. In addition to all other required setbacks when the site area is greater than two (2) acres. 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N N N lO W RI .'J O ltS iv 'J' P+ (O O -J �5 o =4*a /=3=2= uoxo �a � * 1-o== =a \ eo=om- )woo0s- , == =___ 3 1- 0C)r) /e0002=- ; »» <_ =a za 4a 20 � o . a bb o bo o r- �0 0 }» ®) . e*zr�e\ Rear 1 & 2 stories ZONING REGULATIONS 25 20 -3.5 20 EXHIBIT B 3 stories na na Section 20 -3.51' 25 na 4 stories DIMENSIONAL REQUIREMENTS na na 35 MULTI- FAMILY DISTRICTS Side (Interior) REQUIREMENT RT -6 RT -9° RM-18 RM-24 MU -AH 1 & 2 stories (TH) (2F) (MF) (MF') (MF) Max. Density 6 8.7 18 24 24 Min. Site Size na 15 na Net Area (sq. ft.) 10,000 10,000 10,000 15,000 1 Acre Frontage (ft.) 200 100 75 100 100 Min. Lot Size Net Area (sq. ft.) 3,000 na na na na Frontage (ft.) 25 na na na na Min. Yard Setbacks (ft.) na 30 na Front: na na na I & 2 stories 25 25 25 25 25 3 stories na na na 30 na 4 stories na na na 35 na Rear 1 & 2 stories 25 25 20 20 20 3 stories na na na 25 na 4 stories na na na 35 na Side (Interior) 1 & 2 stories 10 7.5 12.5 12.5 12.5 3 stories na na na 15 na 4 stories na na na 20 na Side (Street) 1 & 2 stories 15 15 25 25 25 3 stories na na na 30 na 4 stories na na na 35 na Between Buildings 20 15 20 20 20 Perimeterb 15 15 na na na Max. Building Height Stories 2 2 2 4 2 Feet 25 25 30 50 30 Max. Impervious Coverage ( %) 40 35 60 70 70 a Townhouses allowed subject to all RT -6 requirements, except minimum site size. ° In addition to all other required setbacks when the site area is greater than two (2) acres Supp. No. 8 50.1 so u r South Miami O� 1r ' v All- AmedaaClly v IN WftPORATED ° 1927 P � O Ft-,,D 2001 CITY OF SOUTH MIAMI To: Honorable Chair & Date: August 3l, 2010 Planning Board Members From: Thomas J. Vageline, Director'(v"Q Re: LDC Amendment New Zone Planning and Zoning Department RJ Mixed Use- Affordable Housing (MU -AH) District PB -10 -024 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes" and amending Section 20- 3.3(D) entitled "Permitted Use Schedule" and Section 20- 3.5(G) entitled "Dimensional Requirements Nonresidential Districts" in order to create a "MU -AH ", Mixed Use - Affordable Housing (Two story) Zoning Use District and to describe the purpose of the district, set forth uses permitted, and establish dimensional requirements, all for a zoning use district which in the future could be applied to development projects providing affordable housing units and commercial uses; providing an effective date; providing for severability, providing for ordinances in conflict; and providing an effective date. SUMMARY OF REQUEST The South Miami Community Redevelopment Board at its August 9, 2010 received a report from the Agency Director proposing that the Planning and Zoning Department be requested to initiate the process of re- zoning the Madison Square development site from "NR ", Neighborhood Retail to "SR ", Specialty Retail. This change is necessary because residential development is not permitted in the current zoning district. During the meeting the Board members (City Commission plus two citizens) expressed concern that the proposed re- zoning and the existing land use map category still contained a height maximum, that was too high to be compatible with the surrounding community. The CRA Board authorized Board member (Commissioner) Beasley to meet with the Planning and Zoning Department in order to come up with an alternative land use category and zoning district which would be more compatible with the neighborhood. 2 If the proposed Future Land Use Map category is acceptable, a companion new zoning district must also be created. NEW LDC AMENDMENT The Planning and Zoning Department has prepared a proposed amendment which creates a zoning use district which would be appropriate for use on property which has the future land use map category of, Mixed Use - Affordable Housing (Two Story). The zoning use district would also be called Mixed Use- Affordable Housing (Two Story) or "MU -AH" and would allow development within the limits set forth in the future land use map category. The amendments to the Land Development Code would be as follows: (1) Section 20 -3.1 entitled "Zoning Use Districts and Purposes" (30) "MU -AW Mixed Use - Affordable Housing (Two Story): The purpose of this district is to permit mixed use projects which combine affordable housing with a compatible mix of retail office business or professional services and cultural/entertainment in a unified cohesively designed development The residential component of developments in this district is mandatory and shall be limited to housing units which service the low to moderate income segment of the affordable housing group as defined by the U.S. Department of Housing and Urban Development. This district is appropriate in areas designated as Mixed Use - Affordable Housing (Two Story) on the City's Comprehensive Plan. (2) Section 20- 3.3(D) entitled "Permitted Use Schedule" (See attached Exhibit A Permitted Use Schedule showing uses permitted in the new MU- AH Zoning District) New wording in bold / underlined. (3) Section 20- 3.5(G) entitled "Dimensional Requirements Nonresidential Districts" (See attached Exhibit B showing the various dimensional standards including density, FAR, setbacks, etc. for the new MU -AH Zoning District) New wording in bold / underlined. The LDC zoning amendments for the "MU -AH" "Mixed Use - Affordable Housing" district can be implemented after the proposed future land use map amendment is approved. 3 RECOMMENDATION It is recommended that the Planning Board approve the proposed changes to Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes ", Section 20- 3.3(D) entitled "Permitted Use Schedule ", and Section 20- 3.5(G) entitled "Dimensional Requirements Nonresidential Districts" in order to create a "MU -AH ", Mixed Use - Affordable Housing (Two story) Zoning Use District Attachments: Exhibit A Exhibit B Public Notices TJV /SAY X:\PB \PB Agendas Staff Reports\2010 Agendas Staff Reports \8- 31- 10TB -10 -024 MU -AH Zone Dist ict.doc CITY OF SOUTH MIAMI Draft PLANNING BOARD Regular Meeting Meeting Minutes Tuesday, August 31, 2010 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:56 P.M. The Pledge of Allegiance was recited in unison. H. Roll Call Action: Chair Yates requested a roll call. Board members present constituting a quorum: Mrs. Yates, Mrs. Young, Mr. Whitman, Mr. Farfan and Mrs. Beckman. Board members absent: Mr. Cruz and Mr. Morton. City staff present: Thomas J. Vageline ( Planning & Zoning Director), Sanford A. Youkilis (Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator), Lourdes Cabrera - Hernandez (Principal Planner) and Alerik Barrios (Secretary). City Attorney: Mr. Lawrence Feingold III. Administrative Matters: Mr. Youkilis informed the Board that the applicant of PB -10 -022 has withdrawn their application. IV. Planning Board Applications/Public Hearings PB -10 -021 Applicant: Lady Marmalade Lounge and Cafe Location: 7301 SW 57 Court A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20- 3.4(b)(4)(b) of the Land Development Code for Special Use Approval to locate a general restaurant at 7301 SW 57 Court (Plaza 57 Building) within Planning Board Meeting August 31, 2010 Page 2 of 8 the "SR(HD -OV)" Specialty Retail (Hometown District - Overlay Zone); and providing an effective date. Action: Ms. Young read the item into the record. Mr. Youkilis informed the Board that the location is at 7301 SW 57" Court. The proposed restaurant to be called Lady Marmalade Lounge and Cafe will be on the ground floor of the building at the northeast corner of SW 57 Court and SW 74 Street. This will be the second restaurant in the building. The restaurant will occupy 2,047 square feet and the required parking spaces for the restaurant will be 21 spaces (1 space per 100 sq. ft.).The required parking has been discussed over several weeks with the applicant and the City's records on the number of parking spaces built and an actual count by the applicant do not agree. The Planning and Zoning Department staff has determined that it can not reconcile the parking space information provided by the applicant during review of the application. The same is true for the parking data listed on the submitted site plan (Sheet 1.01) for the new restaurant. Therefore the parking data submitted in 2005 for the first restaurant Town Kitchen & Bar must be accepted as the correct parking data. At present the four story mixed -use building provides a total of 268 parking spaces, which includes 251 spaces inside a garage and on the ground floor (service area) and 17 on- street spaces which was allowed to be counted as required spaces when the building was constructed in 2005. The required parking for all of the uses in the building including the first restaurant and counting the space proposed for the second restaurant as retail, is 277. The application of the 5% arcade bonus reduction (in effect when the building was constructed) reduces the number of spaces required to 263. Therefore the actual number of spaces provided minus the required number spaces (268 -263) means the building has a surplus of 5 parking spaces. This would allow for the current vacant space to be filled by a retail establishment. The proposed restaurant would require a total of 21 parking spaces to be provided. If the special use application is approved the applicant would have to seek a special exception to waive these spaces or pay an annual fee into the Hometown Infrastructure Fund. The Planning and Zoning Department staff recommends to the Board that the application should only be approved if one of the restaurants were to be removed or significantly reduced in size. The Planning and Zoning Department is concerned about the resulting deficit in parking spaces and also the fact that the building was consciously built with an internal parking garage which did not contain all of the required parking spaces. The applicant's request to increase deficit parking while at the same time using public spaces to meet required parking is not a precedent that the City should encourage. Staff suggests that the requested for a Special Use approval for the restaurant at this location is not appropriate because insufficient required parking could result in overflow parking into the adjacent residential zone and be detrimental to property and other businesses in the area. Denial of the application is recommended. Mrs. Yates questioned if the meeting was a Quasi- judicial hearing. Mr. Youkilis responded yes. Mrs. Yates swore the public in. The Chair opened the public hearing. Planning Board Meeting August 31, 2010 Page 3 of 8 Speakers: NAME ADDRESS SUPPORT /OPPOSE PROJECT Antonio Hevia 7015 SW 100 Court Support Mr. Hevia commented that he is the architect for the Lady Marmalade Lounge & Cafe. He introduced the cafe owner Monika Tehoun and property owner Rick Mattaway. As Mr. Youkilis explained we are here to present the Lady Marmalade Lounge & Cafe a 2,047 square feet restaurant located at the south end of the ground floor at 7301 SW 57 Court in South Miami, FL. We seek your approval in South Miami Land Development Code. As a local resident Mrs. Tehoun is excited to bring her restaurant to the City of South Miami. He commented that Ms. Tehoun requested that the design include as much recycled material. NAME ADDRESS SUPPORT /OPPOSE PROJECT Monika Tehoun N/A Support Mrs. Tehoun commented that she is the owner of Lady Marmalade Lounge & Cafe. She expressed that before signing the lease with Mr. Mattaway all the parking issues were resolved according to the landlord. It was said that Mr. Mattaway met with the Planning and Zoning staff. Mrs. Tehoun commented that when she came in with the paper work there still was no issue and it was brought to our attention at the last minute that there are not enough parking spaces. Lady Marmalade Lounge is a very small place and she cannot see how it will be detrimental to stores. The lounge will have a different feel with small appetizers, a location or everyone to enjoy themselves and small entertainment provided. This location will be for artists who would like to demonstrate their talent. She informed the board that the location will be very high class and beautifully designed, as green as possible, target market is over thirty. Mrs. Tehoun commented that the location will be a jewel. Mr. Youkilis suggested that there needs to be a time limit on the applicants since there are many individuals that are not at the meeting for the first item. NAME ADDRESS SUPPORT /OPPOSE PROJECT Rick Mattaway N/A Support Mr. Mattaway commented that Plaza 57 is the only building that embodies the ideals of the ordinance for Mixed -Use buildings. The ground floor has retail tenants; it is an arcade that is shaded and inviting to pedestrians. The upper portion of the building is occupied by the parking garage and offices. On week days during working hours the garage is being occupied with the office workers vehicles. During weekends and evenings the patrons of the parking garage are restaurant and shoppers. The only time the parking garage is near full capacity is when there is a special event in the downtown area. There is a valet service on Plaza 57 available as well. Staff recommendation is solely based on numbers. Planning Board Meeting August 31, 2010 Page 4 of 8 Mr. Mattaway explained to the Board members the parking calculations. He commented that based on the appropriate code sections there is a surplus of four parking spaces. The building had a bank and area was reserved for drive through tellers, but was never used. Mrs. Yates questioned if Mr. Mattaway redesigned the bank drive through parking spaces. Mr. Mattaway responded that it was not being used as parking since it was set aside a drive through. Mr. Whitman questioned if a carwash that was proposed a couple of weeks ago was for that location. Mr. Mattaway responded no. He commented that as a result of staff not interpreting the ordinance correctly, the applicant was short parking spaces. There was an error on the Staff report that Lady Marmalade is not adjacent to residential area. Mr. Feingold questioned if the ordinance that Mr. Mattaway read was included in the back up. Mr. Mattaway responded yes. NAME ADDRESS SUPPORT /OPPOSE PROJECT Amy Donner 7525 SW 54 Court Support Mrs. Donner is the president of the Red Sunset Merchants Association. She congratulated the applicant on bring her vision to life and since it was her dream to come to South Miami. Mrs. Donner commented that as she listens to the discussion and if we live in the past we should live in the past entirely and if you want to live in 2011 we should go their entirely and if we look back at 2005 the applicant is short 3 spaces, but there is a remedy. In 2011 the applicant would be over forty spaces. Regardless, the applicant has enough parking spaces. NAME ADDRESS SUPPORT /OPPOSE PROJECT Mary Scott Russell 7511 SW 64 Court Support Mrs. Russell commented that she was present representing the applicant. She believes that this is an exciting opportunity for South Miami. As a resident of South Miami what strikes her is the empty store fronts and at a time when there is an opportunity to bring a business and help a landlord and we cannot work in an amicable way to help them. She believes that the last thing anyone would want to see is the downtown area vacant. While walking through the parking on the garage on the weekend it is vacant. The idea of a shared component parking has been discussed with the Mayor on how offices having the available parking spaces during the day and those parking spaces are being used at night by a business. NAME ADDRESS SUPPORT /OPPOSE PROJECT Sharon McCain 7502 SW 58 Avenue Oppose Ms. McCain commented that she is a resident of that area. She informed the Board that the Mayor and some concerned citizens have been raising the question of the lobbyists and its procedures. She questions could Ms. Donner come up to the podium representing the Red Sunset Merchants Association since she is not registered as a lobbyist. Ms. McCain questioned the legality of former Mayor Scott Russell this was brought before them. She commented that there are empty store fronts and it needs to be brought to the landlords attention that they need to lower Planning Board Meeting August 31, 2010 Page 5 of 8 the rent. Ms. McCain is glad that the Planning and Zoning department did their job since there is a parking deficit. She commented that she provided to the Board pictures of the adjacent neighborhood that does agree. Mrs. McCain believes that the list of the mail out was tampered with and the residents were not informed. NAME ADDRESS SUPPORT /OPPOSE PROJECT Braden Lurie N/A Support Mr. Lurie commented that he is a resident of South Miami, owner of Town Kitchen & Bar and partners of Mr. Rick Mattaway. He informed the Board some things do not change at all and five years when Town Kitchen & Bar submitted an application everyone heard the same negative comments come out of Sharon McCain. He commented that he hopes that Ms. McCain would bring some positive light and supportive instead of being so negative. Mr. Lurie commented that Mr. Mattaway was willing to work with Staff to see if there were enough parking spaces. He informed the Board that they were not trying to cheap the City, but we have invested into funds for the City. NAME ADDRESS SUPPORT/OPPOSE PROJECT John Edward Smith 7531 SW 64 Court Support Mr. Smith informed the Board he has been a homeowner and resident of South Miami since 1974 and a businessman since 1982. He is speaking on behalf of Lady Marmalade. He commented that the ordinance needs to be looked at and if Staff is not able to look at the spaces you could always have Code Enforcement and LAZ parking to calculate the parking spaces to see that there is an independent assessment. The project is very exciting and as the Art Night coordinator we would like Lady Marmalade to join Art Night. The Chair closed the public hearing. Mr. Whitman questioned the parking credit for an arcade. Mr. Youkilis responded five percent and the other credit was only taken at one percent. Mr. Mattaway commented if the building was being built under the current code there is a twenty percent bonus instead of a five percent bonus. Mr. Whitman questioned the process of public hearing held for this building and if the initial application in 2005 was for two restaurants. Mr. Youkilis responded there were only special use hearings for the restaurants and yes, it was modified on staff's recommendation. Mr. Mattaway commented that the issue was that there can only be one restaurant since there were not enough parking spaces and an interested individual for the second business. So rather than pursue a restaurant of a certain size that there is no tenant for the application went forward only on the tenant that they had. Planning Board Meeting August 31, 2010 Page 6 of 8 Mr. Whitman questioned if Staff has gone and counted the parking spaces and why there is a discrepancy in the number of parking spaces. Mr. Youkilis responded staff has not counted the parking spaces. The department would have to rely on a survey signed by a registered land surveyor or to count the spaces. Mr. Mattaway responded that nine of the spaces related to the ground floor were committed to a bank drive through that was never developed. Now, since the bank is no longer a tenant the parking spaces are available. Mr. Whitman questioned the twenty -five parking spaces. Mr. Mattaway responded that the valet parking uses those spaces, but the garage is available. Mr. Whitman questioned when you have parking in a parking lot is everything pulled together. Mr. Youkilis responded that each building has to provide the appropriate parking for itself. Mr. Whitman commented that the menu provided by the applicant is not appetizers but big meals. Mrs. Young questioned when the section from code on page two number nine was removed. Mr. Youkilis responded on Tune 6, 2008. Mrs. Beckman questioned if the building has the use of those seventeen spaces. Mr. Youkilis commented that they are phantom spaces and they are not reserved for anyone. As of today, you could count the spaces but you would have to pay into a fund. Mrs. Beckman questioned the monthly leases and how do they factor in: Mr. Youkilis responded that you may not charge for a fee for parking spaces that we required and the City does not have that information. Mrs. Beckman questioned the valet spaces are designated spaces or are they the same spaces and if staff informed the applicant that they would not meet the parking regulation. Mr. Youkilis responded that they are the same spaces and Staff reserves judgment and does not say what the recommendation would be. Mrs. Young questioned if this was the garage that would get flooded. Mrs. Yates responded no. Mr. Farfan questioned if a new survey of the garage could be provided and who would do it. He further questioned the price. Mr. Youkilis responded that the applicant would have to provide that for Staff. Mrs. Beckman complemented Staff on doing their due diligence. Mrs. Yates commented that if the City Attorney could please inform the Board at a later date on lobbyist rulings. Mr. Feingold responded that he is not seeing anything that would raise an alarm, but will provide that information. Planning Board Meeting August 31, 2010 Page 7 of 8 Mrs. Yates commented if this is moved forward the valet services need to be upstairs to avoid any situations. She commented that she is a supporter of businesses downtown and would like the restaurant to progress, but there needs to be a safe standard for the residents. Mr. Farfan commented that he would like for the parking spaces to be counted. No Motion: Failed to pass PB -10 -024 Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes" and amending Section 20- 3.3(D) entitled "Permitted Use Schedule" and Section 20- 3.5(G) entitled "Dimensional Requirements Nonresidential Districts" in order to create a "MU -AH", Mixed Use - Affordable Housing (Two story) Zoning Use District and to describe the purpose of the district, set forth uses permitted, and establish dimensional requirements, all for a zoning use district which in the future could be applied to development projects providing affordable housing units and commercial uses; providing an effective date; providing for severability, providing for ordinances in conflict; and providing an effective date. Action: Mr. Farfan read the item into the record. Mr. Youkilis informed the Board that the staff report is a follow up to what was previously passed . during the Local Planning Agency. The Board adopted a land use category that provides for the Mixed -Use Affordable Housing. In order to move the project along and create a zoning district underneath the land use category that was already adopted this would need to be approved. This Zoning district in the future could be applied to development projects providing affordable housing units and commercial uses. However, there are three sections of the code to be amended the Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes ", Section 20- 3.3(D) entitled "Permitted Use Schedule" and Section 20- 3.5(G) entitled "Dimensional Requirements Nonresidential Districts ". Staff recommends that the Planning Board approve the proposed changes to Land Development Code Section 20 -3.1 entitled "Zoning Use Districts and Purposes ", Section 20- 3.3(D) entitled "Permitted Use Schedule ", and Section 20- 3.5(G) entitled "Dimensional Requirements Nonresidential Districts" in order to create a "MU -AH ", Mixed Use - Affordable Housing (Two story) Zoning Use District. Mrs. Yates questioned on the front set back at twenty -five, could it be moved closer to the street. Mr. Youkilis responded that the front set back should be maintained. Mrs. Young questioned if commercial and retail are considered the same. Mr. Youkilis responded that the reason why it was used was due to the fact that there were retail stores considered. The Chair opened the public hearing. Planning Board Meeting August 31, 2010 Page 8 of 8 Speakers: NAME ADDRESS SUPPORT /OPPOSE PROJECT Sharon McCain 7502 SW 58 Avenue Oppose Ms. McCain questioned where the parking location is going to be. Mrs. Yates responded that the parking will be in the parking lot and the garage could only be two stories. The Chair closed the public hearing. Mrs. Beckman questioned if the affordable housing would be for everyone in the City. Mr. Whitman responded this could be provided anywhere in the city. Mr. Youkilis responded yes. Mr. Whitman commented that affordable housing could be used anywhere in South Miami. Mrs. Young questioned when it comes to affordable housing is staff talking about dwelling units. Mr. Youkilis responded yes. Motion: Mr. Whitman moved to approve the application as presented. Mrs. Young seconded. Vote: 5 Approved 0 Opposed V. MINUTES: A) Mr. Whitman moved to approve the minutes of July 13, 2010 as presented. Mr. Farfan seconded. Vote: 5 Approved 0 Opposed VI. Adjournment: Action: There being no further business before the Board, Mrs. Yates adjourned the Planning Board meeting at 9:42 P.M. 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