22South Miami
NI•AmerlcaCiry
CITY OF SOUTH MIAMI 1
OFFICE OF THE CITY MANAGER "
INTER - OFFICE MEMORANDUM 2001
To: The Honorable Mayor Stoddard and Members f the City Commission
Via: Hector Mirabile, Ph.D., City Manager 1
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: November 16, 2010 ITEM No.
Subject:
An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending
the Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order to
permit a community garden as a "S" Special Use in the TODD(LI -4) Transit Oriented Development
District (Light Industrial 4) zoning use district; and amending Section 20 -2.3 entitled "Definitions"
to provide a definition of a community garden; providing for severability; providing for ordinances
in conflict; and providing an effective date.
BACKGROUND
The proposed text amendment to the Land Development Code is a result of a City sponsored community
garden being located at the City owned "Inspection Station" at 5890 SW 69 Street. The proposed change
is required because the site was selected as the location for a community garden in which South Miami
residents will be permitted to plant vegetables and fruits. The City will soon be carrying out physical
improvements to the site converting the land area for vegetative growing and renovation of the existing
building. It was suggested that this type of use should be recognized as a legitimate use of land by
changing the future land use map category over the property or amending the zoning district to allow the
use.
It was also pointed out that the zoning district covering this property was the TODD Transit Oriented
Development District (Light Industrial -4) and that the Permitted Use Schedule did not permit a public
park in the TODD(LI -4) zoning district.
FLUM AMENDMENT PROPOSED
The original amendment action proposed was to change the Future Land Use Map category to the Parks
and Open Space category. The Local Planning Agency (Planning Board) at the August 10, 2010 meeting
conducted a public hearing (see attached excerpt) on a possible Future Land Use Map change. It was
determined by the Board that the land use map change would be too permanent and it was suggested that
the community garden use be added to the Permitted Use Schedule as a use allowed in the TODD (LI -4)
zoning district.
STAFF OBSERVATIONS
The LDC amendment is needed in order to legally recognize the community garden as a use of land for
permitting purposes. This recognition may be needed as the City is applying for financial grants to help
pay for the conversion process and for operating costs of the garden proposed at the City's Inspection
Station site.
I . The concept of "urban gardens" in neighborhoods is essentially an expansion of the pocket park
program and it is a growing trend. Many municipalities are encouraging their implementation.
2. A community garden use would be a compatible use in zoning districts which are primarily
commercial or industrial in which there is limited open space, vegetation or landscaping. (It is
suggested that location of community gardens can be expanded as a permitted use in other TODD sub - districts
and the "PR " zoning district).
3. A definition of a community garden is needed so that the actual use and related activities are clearly
spelled out.
4. A community garden should be created as an "S" Special Use in order to allow, if necessary, for
conditions on size, maintenance, fencing and access to be set forth.
LDC AMENDMENTS
The following amendments to the Land Development Code are proposed:
(1) Section 20 -2.3 entitled "Definitions"
Community garden. Shall mean an area in which 80% of the land is open space and is primarily
dedicated to the planting and harvesting of vegetables and fruits; the harvested crop may be
sold on site as part of a farmers market which is permitted by the City.
(2) Section 20- 3.3(D) entitled "Permitted Use Schedule"
(See attached Exhibit "A" Permitted Use Schedule showing community gardens as an "S ", Special Use in
all of the TODD zoning use districts. ( New wording is in bold/ underlined)
PLANNING BOARD ACTION:
The Planning Board at its meeting on September 23, 2010 conducted a public hearing and adopted a
motion by a vote of 5 ayes 0 nays recommending approval of the proposed amendment, including an
amendment to allow the community garden in all of the TODD Zoning Use Districts.
RECOMMENDATION
It is recommended that the proposed amendments to Section 20 -2.3 and Section 20- 3.3(D) as set forth
above and in the attached draft ordinance be approved.
Attachments:
Draft Ordinance
Exhibit "A"
Planning Board/LPA Minutes Excerpt 8 -10 -10
Planning Dept. Staff Report 9 -23 -10
Planning Board Minutes Excerpt 9 -23 -10
TJV /SAY
X: \Comm Items\2010 \11 -16-10 \LDC Amend Garden in TODD CM Report.doc
2
ORDINANCE NO.
3 An Ordinance of the Mayor and City Commission of the City of South Miami,
4 Florida, amending the Land Development Code Section 20- 3.3(D) entitled "Permitted
5 Use Schedule" in order to permit a community garden as a "S" Special Use in the
6 TODD(LI -4) Transit Oriented Development District (Light Industrial 4) zoning use
7 district; and amending Section 20 -2.3 entitled "Definitions" to provide a definition of
8 a community garden; providing for severability; providing for ordinances in conflict;
9 and providing an effective date.
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WHEREAS, the City of South Miami is sponsoring the creation of a community
garden to be located at the City owned "Inspection Station" at 5890 SW 69 Street at which
South Miami residents will be permitted to plant vegetables and fruits; and
WHEREAS, the City will be carrying out physical improvements to the site
converting the land area for vegetative growing and renovation of the existing building;
and
WHEREAS, the zoning district covering this property is TODD Transit Oriented
Development District (Light Industrial -4) does not permit a public park; and
WHEREAS, amendments to the Land Development Code are needed in order to
legally recognize the community garden as a use of land which recognition may be needed
as the City is applying for financial grants to help pay for the conversion process and for
operating costs of the garden proposed at the City's Inspection Station site; and
WHEREAS, the amendments provide for a definition of a community garden and
also provide that a community garden should be classified in the Permitted Use Schedule
as an "S" Special Use in order to allow, if necessary, for conditions on size, maintenance,
fencing and access to be set forth; and
WHEREAS, the Planning Board at its September 23, 2010 meeting after public
hearing, adopted a motion by a vote of 5 ayes 0 nays recommending that the proposed
amendment be approved including an amendment to allow the community garden in all of
the TODD Zoning Use Districts; and
WHEREAS, the City Commission desires to accept the recommendation 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, entitled "Definitions." is hereby amended as follows:
Section 20 -2.3 entitled "Definitions"
Community.earden. Shall mean an area in which 80% of the land is open space and is
primarily dedicated to the planting and harvesting of vegetables and fruits; the
harvested crop may be sold on site as part of a farmers market which is permitted by
the City.
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Section 2. That Section 20- 3.3(D), entitled "Permitted Use Schedule." is hereby amended
as set forth in attached "Exhibit A Permitted Use Schedule" showing community gardens
as a "S ", Special Use in all of the TODD Zoning Use Districts.
Section 3. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are hereby repealed.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not
affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall be effective immediately after the adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
1" Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
day of 12010
APPROVED:
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
X: \Comm Items \2010 \11- 16- 10 \LDC Amend Garden in TODD Ord.doc
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CITY OF SOUTH MIAMI
LOCAL PLANNING AGENCY
Regular Meeting
Meeting Minutes
Tuesday, August 10, 2010
City Commission Chambers
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:31 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chair Yates requested a roll call.
Board members present constituting a quorum: Mrs. Yates, Mr. Morton, Mrs. Young, Mr.
Whitman, Mr. Farfan, Mr. Cruz and Mrs. Beckman. Board members absent: None
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. Feingold
III. Planning Board Applications/Public Hearings
PB -10 -017
Applicant: City of South Miami
Location: 5890 SW 69th Street
An Ordinance of the Mayor and City Commission of the City of South Miami Florida,
amending the Future Land Use Map of the South Miami Comprehensive Plan by changing
the future land use category from Transit Oriented Development District (4 +4 Story) to
Parks and Open Space for property to be identified as Community Gardens Park (former
vehicle Inspection Station site) located at 5890 SW 69th Street and legally described as Lots
7,8,9 and 30 thru 35, Block 16, Townsite of Larkins (Folio No.09 -4025- 028 - 2070);
Planning Board Meeting
August 10, 2010 Excerpt
Page 2 of 6
providing for severability; providing for ordinances in conflict; and providing an effective
date.
Action: Mr. Morton read the item into the record
Mr. Youkilis explained to the Board that the property located at 5890 SW 69th Street; was once
called the Inspection station. As of the moment, the Future Land Use Category is TODD, which
does not allow agricultural or open space. The amendment is necessary to begin the process to
update the Comprehensive Map. The amendment proposed is to show the correct Future Land
Use Map category for the property. The City is trying to pursue an Urban Garden concept, in
which the South Miami residents will be permitted to plant vegetables and fruits. It is anticipated
that the farmers market program will permanently move to the location in 2011. The action is
needed because the City will soon be making physical improvements on the site including
converting the land area for vegetative growing and renovation of an existing building. The
North entrance is blocked off and there is a building there that was previously used as an
inspection site. The city is also considering applying for special grants to pay for the conversion
process and the operating costs. The site is currently unused and vacant except for a small
building once used as part of the State of Florida inspection station program. During the period
1993 to 2001 the property was leased to the State for use as an automobile inspection station and
in 2002 -2004 it was leased to a company using the site as an automobile towing /storage lot.
During the past five years there have been several proposals for using the property including
selling or leasing it for development, and creating a municipal parking lot.
Mr. Youkilis advised that staff reports are a little different when changing Land Use. They are
required by state law to identify certain things such as compatibility of height. There is no real
impact of the change except the Park and Recreation category which would increase acreage in
the park and open space category. Staff recommended that the Future Land Use Map category
for 5890 SW 69 Street change from TODD Transit Oriented Development District (4 + 4 Story)
to Parks and Open Space be approved.
Mrs. Yates questioned how long the city has owned the property. Mr. Youkilis responded prior
to 1980.
Mr. Cruz questioned if the whole site would be changed into a garden and will the garden be
gated. Mr. Youkilis responded yes.
Mrs. Young questioned if the city was already applying for special grants and will there be
additional hiring. Mr. Youkilis replied yes, but staff is not aware if there will be additional
hiring.
Mrs. Beckman questioned what is the TODD LI -4. Mr. Youkilis explained that the TODD LI -4
means Light Industrial 4, a zoning category.
Mrs. Beckman commented that even with beautiful weather the area is always flooded. Mrs.
Beckman questioned if the area has been examined for contamination. Mr. Vageline responded
Planning Board Meeting
August 10, 2010 Excerpt
Page 3 of 6
that the examination is being developed by the Green Task Force. They are preparing more
details to implement to the community garden and are aware of the flooding.
Mrs. Beckman questioned if an appraisal has been done on the property and if we are paying
taxes on the property. Mr. Youkilis responded that in 2006 an appraisal was done and the value
was $2.43 million the same as the assessed value according to the Miami -Dade County records.
He further advised that since it is city owned property we pay no taxes.
Mrs. Beckman questioned if the park near the Metro Rail station could be used. Mr. Vageline
responded that the property is County land and at the moment it is in litigation between the
developer and the County.
MrG You g_commented that the Board should be concerned with the contamination of the site
before applying for the grants. She questioned how long the lot was an inspection station. Mr.
Youkilis responded for eight years.
Mr. Whitman questioned if a neighborhood garden is a Permitted Use in a Park and Recreation
district. Mr. Youkilis responded yes, as it is called Open Space.
Mr. Cruz questioned why the Board is approving land use when inspection of the site has not
been completed. He further recommended that the Green Task Force complete the testing before
it is passed.
Mr. Vageline commented that the Green Task Force is using the approach by making the process
as quickly as possible. The concept is to use raised planting bids and soil separators that would
not use the current soil. The changing of the Future Land Use map now would meet at the same
point with the construction of the garden. The committee is hoping to start the crops in
November.
Mr. Cruz commented that he is not against the garden or having a special session, but it is
premature at this phase.
Mr. Morton commented that the issue of contamination was that we know what was done in the
eight years, but prior to that it is not known. Mr. Youkilis commented this is a priority of the
Commission and there will be funding for this project.
The Chair opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Sharon McCain 7502 SW 58 Avenue Oppose
Ms. McCain commented that environmental hazards have been sugar coated in the report. There
is no documentation on the bids that will be requested. She questioned if the project is being
considered spot zoning. Mr. Vageline responded no, city parks could be any size and located
Planning Board Meeting
August 10, 2010 Excerpt
Page 4 of 6
anywhere. She commented that it was an inspection station, but the Board is putting the cart
before the horse.
Ms. McCain stated that staff has not provided the Board with enough information. The property
is worth 2.4 million dollars. She commented that she is for the garden, but not at that location.
She does not know any city that the property at the price is used for a garden. If the city decides
to sell the property you would have to change the zoning back. She commented there is poor
drainage and the area is saturated (the water and soil).
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Annick Sternberg Support
Ms. Sternberg expressed that she has been part of the garden process since the beginning. The
Green Task Force meets every other Wednesday and has been working on the project since last
March. All the benefits of having this property become a community
discussed. The Task Force has also addressed the flooding and other issues.
Mrs. Young questioned if a copy of the report done by the Green Task Force could be provided
to the Board. Mrs. Yates commented that the meeting notes could be provided to the Board for
the next meeting. Mr. Vageline commented that the minutes are usually provided at a different
stage.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Gray Read Support
Ms. Read informed the Board that she is the Chairman of the Green Task Force. The project has
been on going and the idea is that South Miami could have a community garden that could bring
together the community. The location places a green space in a critical area and it is an
opportunity to create a little green area in a location where there is no green space. The
community garden will be developed in conjunction with the farmers market. An RFP is being
prepared now for a Farmers market manager. Eventually the farmers market will move to the
garden site. The garden will be in raised beds with a weed barrier so there is no possibility of
anything being contaminated.
Ms. Beckman commented that the garden could be placed in that location and with no change in
the zoning. If it is relocated the city could lose $2.3 million dollars.
Mr. Cruz questioned why the Task Force picked this site and if there is another site that would
meet the needs. Ms. Read replied that the committee was looking for a site that was available by
the city and the location being proposed is a perfect location, but Dison Park has been looked at.
Ms. Yates commented the reason why this is a good spot is because it was located in a
neighborhood that needed open space and currently had an existing building. This would allow
for all the neighbors to meet.
Planning Board Meeting
August 10, 2010 Excerpt
Page 5 of 6
Mr. Cruz questioned how the Chairman knew so much information on the topic. Mrs. Yates
responded that she would gladly recuse herself from the item, but she was once a member of the
Green Task Force.
Mr. Cruz questioned if the meeting minutes could help with the questions the Board may have.
Ms. Read replied yes.
Mr. Cruz questioned the funding of the garden and will the garden be fenced off. Ms. Read
responded since it is in a preliminary phase, but it is expected that assistance will come from the
CRA and South Miami Hospital. And yes, there will be a fence.
Ms. Read questioned if there is a temporary instant the use would not have to be changed. Mr.
Youkilis responded no.
Mrs. Yates stated to the audience that the Board needs to be respected and the Green Task Force
is considered a Board.
Mrs. Young questioned if there has been water testing since March. She commented that the soil
has to be tested to make sure it does not cause health issues within the community. Mrs. Young
commented that she would not agree to this item unless the soil and water was tested. Ms. Read
responded that water will be collected off of the cistern of the adjacent building.
Mrs. Young questioned if hydroponic planting was taken into consideration. Ms. Read responded
that the raised beds are more affordable.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Pam Lahiff Support
Ms. Lahiff commented that the location for the community garden is perfect for the site in
particular. The area is on the west side of US 1, it is a heartwarming location that is perfect. She
commented that there are papers on raised beds and how to deal with possible solutions. This
community garden could bring the community together.
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Antoinette Fisher Support
Ms. Fisher commented that she is in support of the Community garden and is one hundred
percent in support of the Green Task Force. She is there to support the item and hopes the Board
could see the vision.
The Chair closed the public hearing.
Mr. Cruz questioned if the open space category could be left as is and is it considered an open
space park. Mr. Youkilis responded that the Director of the Planning and Zoning would have to
make that interpretation.
Planning Board Meeting
August 10, 2010 Excerpt
Page 6 of 6
Mrs. Yates questioned if there is another way for the Board to allow this under a Special Use
under TODD district. Mr. Youkilis responded the use could be allowed in the TODD district
under agriculture park and that type of use would be allowed anywhere in the TODD. The
process would be changing the zoning code not the comprehensive plan.
Mr. 'Whitman commented that it is a very exciting initiative, but the cost and the current situation
will need to be looked at.
Mr. Morton commented that the city could create various gardens and if we close the door on
this item we could regret it.
Ms. Beckman questioned if the city owns any other property. Mr. Youkilis responded yes,
parking lots, which are temporary uses, a parking garage and CRA property. Ms. Beckman
requested a cost analysis.
Mr. Cruz questioned if the Board would like the item to become a permitted use. Mr. Youkilis
replied the Board could reject the proposal tonight and staff will bring it back to a future meeting
as zone text change.
Motion: Mr. Morton moved to defer the application with the condition that the amendment
becomes a permitted use in the zoning district.
Vote: 6 Ayes 1 Nays (Mrs. Young)
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X:\PB\PB Agendas Staff Reports \2010 Agendas Staff Reports \9- 23- 10\LPA.Minutes.8.10.2010 Excerpt Gardens.doc
To: Honorable Chair & Planning
Board Members
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: September 23, 2010
Re: LDC Amendment
TODD(LI -4) Permitted Use
(Community Gardens)
PB -10 -029
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- 3.3(D) entitled "Permitted Use
Schedule" in order to permit a community garden as a "S" Special Use in the TODD(LI-
4)" Transit Oriented Development District (Light Industrial 4) zoning use district; and
amending Section 20 -2.3 entitled "Definitions" to provide a definition of a community
garden; providing for severability; providing for ordinances in conflict; and providing an
effective date.
BACKGROUND
The item was before the Planning Board acting as the Local Planning Agency at its meeting on
August 10, 2010. At that time the Board considered a change to the existing Future Land Use
Map for a specific property from the current TODD Transit Oriented Development District land
use category to the Parks and Open Space category. The site is the City owned "Inspection
Station" located at 5 890 SW 69 Street. The proposed change was required because the site is the
selected location for a community garden in which South Miami residents will be permitted to
plant vegetables and fruits.
The City will soon be carrying out physical improvements to the site converting the land area for
vegetative growing and renovation of the existing building. It was suggested that this type of use
should be recognized as a legitimate use of land and the future land use map and zoning district
appropriately amended.
The amendment action proposed was to have a "community garden" use recognized as an open
space area which would clearly fall under the Parks and Open Space future land use category. It
was also pointed out that the zoning district covering this property was the TODD Transit
Oriented Development District (Light Industrial -4) and that the Permitted Use Schedule did not
permit a public park in the TODD(LI -4) zoning district.
Page 2 of 3
PLANNING BOARD (LPA) ACTION
The Board at the August 10, 2010 meeting conducted a public hearing (see attached excerpt) on
the Future Land Use Map change. It was determined by the Board that the land use map change
would be too permanent and it was suggested that the community garden use be added to the
Permitted Use Schedule as a use allowed in the TODD(LI -4) zoning district. The item was
deferred and staff was directed to prepare an amendment to the Land Development Code
specifically allowing a community garden as a use in the TODD(LI -4) zoning district.
STAFF OBSERVATIONS
The LDC amendment is needed in order to legally recognize the community garden as a use of
land for permitting purposes; this recognition may be needed as the City is applying for financial
grants to help pay for the conversion process and for operating costs of the garden proposed at
theOV,O{Inspect�on,Station site.
1. The concept of "urban gardens" in neighborhoods is essentially an expansion of the pocket
park program and it is a growing trend. Many municipalities are encouraging their
implementation.
2. A community garden use would be a compatible use in zoning districts which are primarily
commercial or industrial in which there is limited open space, vegetation or landscaping. (It is
suggested that location of community gardens can be expanded as a permitted use in other TODD
sub - districts and the "PR "zoning district)
3. A definition of a community garden is needed so that the actual use and related activities are
clearly spelled out.
4. A community garden should be created as an "S" Special Use in order to allow, if necessary,
for conditions on size, maintenance, fencing and access to be set forth.
LDC AMENDMENTS
The following amendments to the Land Development Code are proposed:
(1) Section 20 -2.3 entitled "Definitions"
Community Qarden Shall mean an area in which 80% of the land is open space and
is primarily dedicated to the planting and harvesting of vegetables and fruits;
the harvested crop may be sold on site as part of a farmers market which is
permitted by the City.
(2) Section 20- 3.3(D) entitled "Permitted Use Schedule"
(See attached Exhibit A Permitted Use Schedule showing community gardens as an "S ", Special
Use in the TODD(LI -4) zoning use district. New wording is in bold / underlined.
Page 3 of 3
RECOMMENDATION
It is recommended that the above LDC amendments be approved.
Attachments:
Exhibit "A"
Planning Board/LPA Minutes Excerpt 8 -10 -10
Planning Department Staff Report 8 -10 -10
Public Notices
TN / /SAY
X:\PB\PB Agendas Staff Reports\2010 Agendas Staff Reports\9- 23- 10\PB -10 -029 LDC Amend. Garden in TODD.doc
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Meeting Minutes
Thursday, September 23, 2010
City Commission Chambers
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:56 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chair Yates requested a roll call.
Board members present constituting a quorum: Mrs. Yates, Mr. Cruz, Mrs. Young, Mr.
Whitman and Mrs. Beckman. Board members absent: Mr. Farfan and Mr. Morton.
City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant), Marcus Lightfoot (Permit Facilitator) and Lourdes Cabrera -
Hernandez (Principal Planner).
City Attorney: Mr. Mark Goldstein
PB -10 -029
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- 3.3(D) entitled "Permitted Use
Schedule" in order to permit a community garden as a "S" Special Use in the TODD(LI-
4)" Transit Oriented Development District (Light Industrial 4) zoning use district; and
amending Section 20 -2.3 entitled "Definitions" to provide a definition of a community
garden; providing for severability; providing for ordinances in conflict; and providing an
effective date.
Action: Mr. Whitman read the item into the record.
Planning Board Meeting
September 23, 2010
Page 2 of 3
Mr. Youkilis informed the Board that this carne before them on August 10, 2010 as a change in the
Future Land Use Map from TODD to Parks & Open Space. The feeling of the Board was to not
change the Future Land Use Map for this item. The former vehicle inspection station is in the TODD
future land use category and is zoned TODD -1,I4. Staff's stated that this use is a growing trend in
many communities and it is suggested the use should be allowed in the entire TODD sub district.
The recommendation is only for TODD- LI4. Staff recommends that the LDC amendment should be
approved.
LDC AMENDMENTS
THE FOLLOWING AMENDMENTS TO THE LAND DEVELOPMENT CODE ARE
PROPOSED:
(1) SECTION 20 -2.3 ENTITLED "DEFINITIONS"
Community Garden. Shall Mean An Area In Which 80% Of The Land Is Open Space
And Is Primarily Dedicated To The Planting And Harvesting Of Vegetables And
Fruits: The Harvested Crop May Be Sold On Site As Part Of A Farmers Market Which
Is Permitted By The City.
(2) Section 20- 3.3(D) entitled "Permitted Use Schedule"
(Exhibit A Permitted Use Schedule showing community gardens as an "S ", Special Use in the
TODD (LI -4) zoning use district. New wording is in bold / underlined.
Mrs. Yates recommended a community garden could be permitted throughout the city. She
commented that it is a very good trend.
Mr. Cruz questioned if the City decides to allow this use at that location, how the City could sell the
property at a later date. Mr. Youkilis responded that this only to add this particular use to that
location.
The Chair opened the public hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE PROJECT
Sharon McCain Oppose
Ms. McCain questioned if there were any other locations other than the inspection station where this
could be allowed. Mr. Youkilis responded that the location was selected by the City Commission and
City Manager.
The Chair closed the public hearing.
Mrs. Young requested that the word vehicle inspection station be added under staff's observations
since this could be misleading and the community should know if there is soil contamination.
Planning Board Meeting
September 23, 2010
Page 3 of 3
Mr. Whitman recommended this should be in the entire TODD - MU4, TODD -MU5, TODD- PR and
TODD -PI districts.
Motion: Mr. Whitman moved to approve an amendment to the item with the stipulation that it is to
be included in TODD- MU4, TODD -MU5, TODD- PR and TODD -PI districts. Mrs. Young
seconded.
Vote: 5 Ayes 0 Nays, on the amendment.
Motion: Mr. Whitman moved to approve as amended. Mrs. Young seconded.
Vote: 5 Ayes 0 Nays
TJV /SAY
XAComm Items\ 2010 \11- 16- 10\PB.Minutes.9.23.2010 Excerpt TODD.doc