35CITY OF SOUTH MIAMI CITY OF SOUTH MIAMI
Planning Board Planning Board
Regular Meeting Regular Meeting
Meeting Minutes Meeting Minutes
Tuesday, November 9, 2010 Tuesday, November 9, 2010
City Commission Chambers City Commission Chambers
7:30 P.M. 7:30 P.M.
EXCERPT- SCHOOLS EXCERPT- SCHOOLS
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:36 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action: Chair Yates requested a roll call.
Board members present constituting a quorum: Mr. Cruz, Mrs. Young, Mr. Morton, Mrs.
Yates, and Mr. Whitman. Board members absent: Mrs. Beckman and Mr. Farfan.
City staff present: Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant), Mr. Marcus Lightfoot (Permit Facilitator) and Lourdes
Cabrera-Hernandez (Principal Planner).
City Attorney: Mr. Laurence Feingold
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III. Planning Board Applications/Public Hearings
PB-10-008
Applicant: City of South Miami
An ordinance of the Mayor and City Commission of the City of South Miami, Florida, to
amend Section 20-3.3(D) of the Land Development Code entitled “Permitted Use Schedule”
in order to: change the existing “School, Elementary or Secondary” use category and the
existing “School, Vocational” use category from “P” Permitted use category to “S” Special
Use category; to create a new use type entitled “School, Private or Charter” with all
development in the new “School, Private or Charter” use category being classified as an
“S” Special Use; and amending Section 20-3.4 entitled “Special Use Conditions” in order to
Planning Board
November 9, 2010
Page 2 of 3
set forth general and special requirements applicable to all three school use categories;
providing for severability; providing for ordinances in conflict; and providing an effective
date.
Action: Mrs. Young read the item into the record.
Mr. Vageline informed the Board that the item addresses the topic of Permitted Use for schools
to be located within the City of South Miami. The City Commission requested staff and the
Planning Board to recommend regulatory language to be added to the Land Development Code
to address issues associated with schools. Presently, the LDC lists schools, elementary or
secondary and school vocational as a permitted use. There are no conditions on the approval of
both use types. In addition, the use “school private or charter” is not included. As a result of
recent school construction and to regulate future proposed schools, the following amendments
were proposed 1) Add private or charter schools 2) Change all three from (P) Permitted Use to
(S) for Special Use requiring approval of the City Commission and 3) Adopt a list of conditions
that will regulate school applications. This was done by Planning Board at its meeting of June
15, 2010. The City Commission reviewed the recommendations and requested that the Planning
Board address some additional concerns. The concerns included a request for a traffic study,
target population, and the intended capacity of the school. Staff recommended approval of the
revised ordinance.
Mrs. Yates questioned if this applies for all the schools that are within the boundaries of the City.
Mr. Vageline replied that this would not apply to existing schools.
Mr. Cruz questioned if this item is forcing schools to accept students from the area. Mr. Vageline
responded that the feeling is that the City Commission would like to require it if it is possible.
The draft does not include the language, but the Board could make it a condition. Mr. Cruz
commented that he would like to make it a requirement, but this could become a legal issue.
Mr. Whitman questioned if the law were to apply to public schools, would Miami-Dade public
school officials have to come before the Board. Mr. Feingold replied that the issue would not
come to the Planning Board. Mr. Whitman questioned if parking per schools is based on the
number of students. Mrs. Yates commented that the parking would cover faculty, but not have
enough for parents and visitors. Mr. Whitman commented that the Special Use approval would
allow the City Commission to require extra parking spaces. Mr. Whitman questioned what would
be the criteria to turn down a school. Mr. Youkilis responded that the applicant would have to
conform to the nine conditions.
Mrs. Yates commented that the formula for additional parking spaces must be specified in the
Land Development Code not the Ordinance. Mrs. Yates questioned if this could be determined
on a site plan approval for a specific school coming to the Board.
Mr. Whitman questioned if a condition could be added so that the school shall not disturb
surrounding properties. Mrs. Yates responded that the LDC only states one space per 400 sq-ft.
The Land Development Code would have to be changed.
Planning Board
November 9, 2010
Page 3 of 3
Mr. Whitman questioned if the results of the traffic study are not valid could the Board reject the
study. Mr. Youkilis responded yes.
Mr. Cruz questioned does the applicant get to select any company to do the traffic study or does
it have to be with a company that the City will designate. Mr. Vageline replied the applicant
could select any company as long as the company is certified to conduct traffic analysis.
Mrs. Young questioned condition Number. 9 on page 2. Mr. Vageline responded that during
discussion with the Commission it was felt that 11:00 p.m. would be appropriate.
Motion: Mrs. Young motioned that school activity on site after 11:00 p.m. is prohibited.
Motion failed, no second.
The Chair opened the public hearing.
No Discussion
The Chair closed the public hearing.
Motion: Mr. Morton moved to approve the application as presented. Mrs. Young seconded.
Vote: 5 Ayes 0 Nays
TJV/SAY
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