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16South Miami poamedca " CITY OF SOUTH MIAMI 11111.1 OFFICE OF THE CITY MANAGER INTER- OFFICE MEMORANDUM 2001 To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Thomas J. Vageline, Director �, f Planning and Zoning Departme Date: December 7, 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 tow all TODD 0A 4) Transit Oriented Development District 'T ight W-ist-4-1 AN zoning use districts; 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. 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 zarden 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 I 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 TJWSAY X: \Comm ttems\2010 \12- 7- 10\LDC Amend Guden in TODD CM Report.doo 2 1 2 3 4 5 6 7 8 9 10 11 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 51 ORDINANCE NO. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order to permit a community garden as a "S" Special Use in the all TODD (M-4) Transit Oriented Development District IT—ight zoning use districts; 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. 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 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 Ct . 1 2 3 4 5 6 7 8 9 10 11 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 F] 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 1st Reading — 2nd Reading — READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY day of 201 _. COMMISSION VOTE: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: X:\Comm1terns\2010\11-16-10\LDC Amend Garden in TODD Ord.doe lei M N N M H W M 6 66 p N N 0 0 � O � N CJ p� N N a O Z L7 F'`4y W O aaW,V) a,Z a u n ii n u z 0 G.v�VaDC • CITY OF SOUTH MIAMI LOCAL PLANNING AGENCY Regular Meeting Meeting Minutes Tuesday, August 10, 2010 City Commission Chambers 01A y 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 69t` 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. Mre Youne 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 PROTECT 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 garden have been 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, harking 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) TJV /SAY 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 South Miami AA-America City r 2001 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 5890 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 the.(% '&Jnspection,Station site. 1. The ec- ec pt 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 ,zarden 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 RECOMMENDA'T'ION It is recommended that the above LDC amendments be approved. Attachments: Exhibit "A" Planning $oard/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 Repomt 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. H. 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 came 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 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 MARIA MESA, who on oath says that he or she is the LEGAL CLERK, 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 - NOTICE OF PUBLIC HEARING DECEMBER 7, 2010 in the XXXX Court, was published in said newspaper in the issues of 11/19/2010 Aff iant 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 securing this Adve—rilsementloklaublication in the said subscribed before me this 19 (SEAL) MARIA MESA personally known to me "Lo�.p araL No;a'y' Public State of Florida vwonlca eperoS . z My Commission 00819771 FXmres 09103 12012 or OP LEMIX1576ca $4.99 $4.99 $5.49 $5.99 $6.99 $7.99 $8.99 $5.99 $9.99 lilt Reserve $7.99 Pascual Toso. !ft,. 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And, N you can act before 11/30/10, you will get an instant Rebate check op to.$1,600', Plus up to $1,495 in FPL rebate rtbxad4narop.l'!m "¢ Expect more from your Inds 13339 SW 88M Ave. Miami, FL 33176 1St Theme Dealer. Free. ® Mati®nal Barak sexammeareactiflSourilpFloridex f)k) 'roarrrcnma /o,a.4 «avr,4$q To qualify for tat Direct Checking you must set up a montlify duect deposit and online banking. Please speak to one of our personal bankers for more details. 305.247.5541 www.lstbanking.com 'CALENDAR, FROM 41 Rd., Palmetto Bay; $25 annual ' membership, $2 guests. - 305 - .661.6333 or www.stan- tures van offs card games and . drewsmiami.org. classes, mah- jongg, line, square . and tap dance, pool, bunko, - FOR SINGLES crafts, painting, drawing, singing and discussion groups, trips. The Single Gourmet Dinner and cruises and plays; 10 a,m:4 P.M. Dance: Singles dine, meet and Monday - Friday; 12480 SW 127th mingle at some of the well - Ave., Miami; $50 annual member- known restaurants in Miami -... ship fee. 305- 235 -8855 or senior- Dade County; 7 p:m: Fridays; $99 liftcenter.com., annual membership. South Miami Senior Citizens 305 -371 -8717. Bridge Club: Meets for coffee " and contract bridge; 11:30 a.m.-4. FOR DISABLED p.m: Fridays; St. Andrews'Epis- copal Church, 14260 Old Cutler Focus on Healing: Dance and CITY OF • COURTESY •' NOTICE IS HEREBY given that the City Commission of the City of South Miaml; Flodda will conduct Public Hearings at Its regular City Commission meeting scheduled for Tuesday, December 7, 2010 beginning at 7:30 pi in the City Commission Chambers, 6130 Sunset Drive, reconsider the following Itemis):.' An Ordinance amending Chapter 2, Article I, Section 2 -2.1 (G) (5) of the Code of Ordinances to require motions- for .reconaidemtion to be made only during the same meeting at which the item is considered. An Ordinance amending the Land Development Code Secrtion�20 -7.51 entitled "Special exceptions" in order to revise the wording in 5op0on. 20- 7.51(Dy to replace the word "development" with the word "new construction" for the purpose of clartfying when the lima Ilmhatlpn begins for development projects which grave been granted ,a special exception in the Hometown GVeday Zone (HD -OV), .. An Ordinance amending the Land Development Code Section 20- 3.3(D) crafted "Permitted Use Schedule" in order to permit a community garden as a "S" Special Use In the fill TODD"" Transit Oriented Development District (Light- milestRal -4) zoning use ustrict;;and amending Section 20 -2.3 enttied "DefinNOns" to provide a definition, of a community garden. An Ordinance to amend Section 20.33 (D) of the Land Development Code emitted "Permitted Use Schedule" In order to change the Group Home d use category from a ?". Permitted Use category to the "S" Special Use category for zoning use districts; and amending Section 20- 3.4(8)(15) entitled "Special use conditions" In order to Include Group Home II as subject to the same special requirements currently applicable to Group Home I uses. An Ordinance to amend Section 20-4.4 (D) of the Lend Development . Code entitled "Required Handicapped Spaces" in order re revise current . wording to indicate that all required handicapped parking spaces are regulated by the Florida Building Code. For turner information, please contactthe Clty Clerk's Office at (305) 663 -6340. ! ALL interested parties are invHed to ahend and will be heard, . Maria M. Menendez, CMG City Clerk Pursuant to Florre Statutes 286.0105, Me Cary hereby advises Me public that it a person decides toappeal any decision madeby this Board AAeroyanummissioo was respect to any matter oreadered at Its mooting of boating, he or she will need a record of Me poeasknps, and that for such purpose, attacted person may need Is elute bill a veNaGm record of the proceeQingsis made widch rewrtl PClutles life teAlmonyaiitl evrtlerme upon ivNChlh¢appeai Is tope basely :.,. ... ,, .: e'i; +I S }:',t CITY OF SOUTH MIAMI NOTICE OF PUBLIC HEARING NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled for Tuesday enuary 4 2011, beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following itern(s): An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Section 20.7.51 entitled "Special exceptions° m order to revise the wording in Section 20- 7.51(0) to replace the word "development" with the word "new construction" for the purpose of clarifying when the time limitation begins for development projects which have been granted a special exception in the Hometown Overlay Zone (HD -OV); providing for severability; providing for ordinances in conflict; and providing an effective date. 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 gtLl TODD(4-4)" Transit Oriented Development District (bight industrial 4) zoning use district; and amending Section 20 -2.3 entitled 'Definitions" to provide a definition of a community garden; providing for sever- ability; providing for ordinances in conflict; and providing an effective date. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to a request to amend the official zoning map of the City of South Miami Land Development Code by designating a commercial building located at 5875 Sunset Drive (aka The Dowling Building) as an historic site and by placement of an Historic Preservation Overlay Zone (HP -OV) over the existing zoning use district for this property; providing for severability; providing for ordinances in conflict; and providing an effective date. 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 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. An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, relating to budget; authorizing an increase of expense line Rem 615 - 1910 -521 -5205 (Federal Forfeiture Computer Equipment) of $53,336.80, from the Federal Forfeiture Fund Balance with a balance of 52}2;643 -88, 1$ 25 725.x, providing for severability, ordinances in conflict, and an effective date. An Ordinance of the Mayor and the City Commission of the City of South Miami, Florida relating to the fee schedule; amending ordinance 21 -09 -2013 as amended by ordinances to, increasing some fees, adding new fees and deleting some fees from the schedule, providing for severability, ordinances in conflict, and an effective date. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to purchase mapping software from USA Software Inc. for a total cost of $15,000.00 to be paid at $5,000.00 per year for three years and charged to account number 608.1910 -521 -3450 (State Contractual Services) providing for an effective date. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to issue a Purchase Order to Sun Recycling, LLC for the recycling of the City's yard waste in the amount of $135,714.75 to be charged to Public Works Refuse Disposal Fee, Recycling Account Number 001- 1720 - 534 - 4341; providing for an effective date. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to execute an agreement with the firm of Gila, LLC d/b /a/ Municipal Services Bureau (MSS) providing debt collection services for a fee based on a percentage of the principal amount owed to the City, twenty -two percent (22%) for primary collection services and thirty percent (30%) for secondary collection services, and collecting the same as part of the total payment due from the debtor. This agreement shall be for the duration of an initial one (1) year period with four (4) one (1) year option to renew periods for a possible total term of live (5) years, and providing an effective date. ALL interested parties are invited to attend and will be heard. For further information, please contact the City Clerk's Office at: 305. 663 -6340. Maria M. Menendez, CMC City Clerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 12/17 10- 3- 148/1620138M I;:•<IiI71y':rYgl4i? '�¢A,::_ , SE SUNDAY, DECEMBER 26, 2010 1 '25SE 9 CALERDAR. information about these and other Wednesday; $10 free for members of Temple Me o- - activities. "Duplicate games, 1-4 p.m. Mon- .rah, reservations required Duplicate Bridge at Temple Beth day Saturday, $8. 305 -866 -0221 of Am: 5950 North Kendall Dr, PI- Isidoro Lerman Senior Adult Recre- templemenorah @gmaii com. necrest. 305 -667 -6667, ext. 203: -•' ational Group: Includes a lunch Senior LIFT Center: An activity . "Introduction to duplicate; 9 am:: followed by a musical program center for seniors 55 and up. Fee' ,Monday; $5. ' presented by Cantor Yoav Koplowlch tures various card games and ;. `Advance beginner lessons; 9:30 and Richard Sharim 12.30 P.M., a.m. Tuesday; $10. Wednesdays' The Olemberg HaII, - °TURN TO CALENDAR, 33SE "Intermediate lessons; 9:30 a.m.' 7445 Carlyle Ave, Miami Beach, $10, , ... i r 1 CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Public Hearings at its regular City Commission meeting scheduled 'for uesday. Jan ry 4.2011 beginning ate 7:30 p.m:; following the SMCRA meeting, in the City Commission Chambers; 6130 Sunset Drive, to consider, the following item(s): An Ordinance amending the Land Development Code Section 264.51 entitled "Special exceptions" in - order to revise the wording in Section 20- 7.51(D) to replace the word "development" with the word "new construction" for. the purpose of clarifyingwhen the time limitation begins for development projects which have been granted a special exception in the Hometown Overlay Zone (HD OV). An Ordinance amending the Land Dove[ opmentC ode Section 2033(D) entitled 'Permitted use Schadulk in order to permitacommunity garden as a'S" Special Use in the aTODD(LI -4) Transit Oriented Development District (Light industrial 4) zoning use district; and amending Section 20-23, entitled "Definitions to provide a definitionof a community garden; providing for severabihty, providing for ordinances m conflict; and providing an effective date.. , An Ordinance relating toa request to. amend the official zoning map of the City of South Miami Land Development Code by designating a cornmer ial building located at 5825 Sunset Drive (aka The Dowling - Building) as an historic site and by placement of an Historic Preservation Overlay Zone (HP-CV) over the' existing zoning use district for this property. An ordinance to amend bectiorr20 3.3: (D) of the Land Development Code entitled "Permitted Use Schedule" in order to: change the ,existing ' School, Elementary ry . or Secondary" use. catego endure existing "School, Vocational' use category from' P' Permitted use category to "S" Special Use category; to create .a new use type emitted "School, Private or. Charter" with ali 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" inorder to set forth general and special requirements applicable to all three school use categories. An Ordinance relating to budget; authorizing an increase of expense line item 615 -1910- 521 -5205 (Federal Forfeiture Cpmputer Equipment) .of'$53,336.80, from the Federal Forfeiture Fund Balance with'a balance i of$212,643.03, 925725.00,. An Ordinance relating to the fee schedule; amending ordinance 21-09-2013 as amended by ordinances to, ' increasing some fees, adding new fees and deleting some fees from tfie schedule. A Resolution authorizing the City Manager to purchase mapping software from USA Software Inc.; for a , total cost of $15,000.00 to be paid at $5,000,00 per year for three years and charged . to account number 668-1910-521-3450 (State Contractual Services). A Resolution authorizing the City Manager to issue a Purchase Order to Sun Recycling, LLC for the recycling of the City's yard waste in the amount of $135,714.75 to be charged to Public Works Refuse ' .Disposal Fee - Recycling Account Number 001 1720- 534- 4341. '. :A Resolution authorizing the City Manager to execute an agreement with the firm of Gila,. LLC.d/b!a/ Municipal Services Bureau (MSB) providing debt collection services for a fee based am a percentage of , the principal amount owed to the City, twenty-two percent (22%) for primary collection services and thirty percent (30 %) for secondary collection services, and collecting the same as part of the total payment. due from the debtor. This agreement shall be for the duration of arrinitiai one (1) year period with four (4) one tt) year option to renew periods for a possible total term of five (5) years. A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing` the City Manager to finance onto thirty eight (38) multi -space parking stations for an amount not to exceed $420,000 and accepting.the interest rate of 2.355% with no prepayment penalty through SunTrust Bank, charging Debt Service - Principal Account. No. 001.1410.513.7110 and Debt Service- Interest Account No. 001.1410.513.7210; and providing an effective date. For further information please contact the City Clerk's Office at (305) 663 -6340. ALL interested parties are invited to attend and will be heard. Maria M. Menendez, CMC City.Olerk Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision made by this Board. Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will usage M= of, the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record of the proceedings is in e which record Includes the testimony and evidence upon which the appeal is to be based