17CITY OFSOUTHMMMI
MEMORANDUM
To: The Honorable Mayor Stoddard and Members the City Commission
Via: Hector Mirabile, Ph.D., City Manager
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: January 11, 2011
Re: Ordinance Regulating Schools discussion with Commissioner Palmer
As directed by the City Commission at its meeting on January 4, 2011,
Commissioner Palmer met with the Planning Director on January 10, 2011 to
discuss potential changes to the draft ordinance regarding regulation of schools.
The substance of the discussion ideas are as follows:
1. The City does not need to be inspecting schools. There are a number
of agencies that perform this task presently. Thus, proposed
conditions number 12 and 13 may be deleted.
2. Early childhood learning such as child care, Pre -K and Pre - School
should be separated from the requirements of the conditions for
schools in general. These are usually small operations for children
under the age of 5. Thus, a separate listing on the permitted use chart
as permitted as of right, rather than as a special use.
3. Public schools are governed by Florida Statute, and are exempt from
zoning review.
4. Charter schools are similar to public schools in many regards. If they
provide sufficient on -site parking and space for pick -up and drop -off,
then it would not be necessary for a "students per acre" requirement to
be met.
5. How would a school be reviewed if it were a conversion of an existing
office building or existing townhouses as was done recently in the
County?
6. Traffic studies should be required for the larger schools not smaller
ones. Schools with projected enrollments of 250 students or more
should be required to provide a traffic study for the proposed school.
X: \Memos \Memo to Commission regarding school regulations 1- 11- 2011.doc
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor Stoddard and
Via: Hector Mirabile, Ph.D., City Manager //
From: Thomas J. Vageline, Director
Planning and Zoning Department
Date: January 4, 2011
South Miami
AA•AmmicaM
i r
2001
the City Commission
REVISED ITEM No.
y
Suboect
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.
BACKGROUND
The City Commission at its June 2, 2010 meeting adopted Resolution No.116 -10 -13150 directing the
Planning and Zoning Department and the Planning Board to consider an ordinance revising Land
Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order to change the existing
"School, Elementary or Secondary" and the existing "School, Vocational" permitted use categories from
"P" Permitted Use to "S" Special Use; and to create a new use type entitled "School, Private or Charter"
with all development in the new "School, Private or Charter" use type being classified as an "S" Special
Use (see attached resolution).
The "Permitted Use Schedule" is a list of all uses which are allowed in each zoning district and also sets
forth for each use whether it is a "P" use, permitted as of right use, or an "S" use requiring approval via
the special use process. It is important to note that existing uses "School, Elementary or Secondary" and
"School, Vocational" are both permitted uses as of right in certain zoning districts. In addition the
Permitted Use Schedule does not contain a separate listing for a private or charter school.
It is City policy that certain land uses due to their potential impact on traffic or compatibility with a
neighborhood should be subject to special use approval which allows for the placement of development
and use conditions. During the past few years there has been school development both public and private
which did not receive an appropriate level of review by South Miami residents and property owners.
A modification to the permitted use schedule requiring the special use approval process for all types of
school development is an appropriate safeguard. The development impact of public, private, charter and
P�
vocational schools would be part of the review process. This process allows for special conditions to be
assigned as part of the approval granted.
In addition it is also suggested that general conditions and requirements be set forth which would be
applicable to all school development going through the review process. These are listed in Section 20 -3.4
entitled "Special Use Conditions"
PROPOSED LDC AMENDMENT
The attached LDC Amendment documents will accomplish what the City Commission is requesting.
(1) Permitted Use Schedule Amendment. Section 20- 3.3(D). All public, private, charter and
vocational schools are to be classified as "S ", Special Use. It is important to note that public
school development under State law is not subject to local zoning, however, it is anticipated that
new school policies encourage voluntary cooperation.
(2) Special Use Conditions. Section 20 -3.4 (23). A new section is provided which lists nine
requirements which will be applicable to all school development projects. These conditions are
mandatory and could be added to by the Board or City Commission during the special use public
hearing.
PLANNING BOARD ACTION (June 15):
The Planning Board at its meeting on June 15, 2010 conducted a public hearing on the proposed draft of
the legislation. A motion was adopted by a vote of 6 ayes 0 nays recommending approval of the proposed
amendment.
CITY COMMISSION ACTION
The item was presented to the City Commission meeting on August 17, 2010 (meeting minutes excerpt
attached) and there was discussion regarding several issues associated with this topic. Among the items
discussed were concerns about enrollment size and traffic. It was felt that a traffic study regarding the
affect of a proposed school on the surrounding neighborhood should be provided. The time limit for
school activities was also discussed. It was expressed that a charter school within the City should accept
students from the City. The draft ordinance was referred back to the Planning Board for further analysis.
PLANNING BOARD ACTION (November 9):
The Planning Board at its meeting on November 9, 2010 conducted a public hearing on a revised draft of
the legislation. A motion was adopted by a vote of 5 ayes 0 nays recommending approval of the proposed
amendment.
CITY COMMISSION FIRST READING AMENDMENT
The City Commission at its December 7, 2010 meeting reviewed the subject ordinance on first reading
and approved several technical amendments to the Special Requirements section of the proposed
legislation. The amendments adjust the parking requirement for schools (No. 2) and clarifies the section
on limiting night activities at a school (No. 11). These amendments are shown on the revised alternate
ordinance.
2
RECOMMENDATION
It is recommended that the amendments as set forth in the attached revised alternate draft ordinance be
approved.
Attachments:
Draft Ordinance
Resolution No. 116-10 -13150
City Commission Minutes Excerpt 8 -17 -10
Planning Dept. Staff Report 11 -9 -10
Planning Board Minutes Excerpt 11 -9 -10
TJV /SAY
X: \Comm Items\2011\t -4 -1 RLDC LDC Amend Schools S Use CM Report.doc
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ORDINANCE NO. (ALTERNATE REVISED)
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.
WHEREAS, the City Commission at its June 2, 2010 meeting adopted Resolution
No. 116-10-13150 directing the Planning and Zoning Department and the Planning Board
to consider an ordinance revising Land Development Code Section 20- 3.3(D) entitled
"Permitted Use Schedule" in order to change the existing "School, Elementary or
Secondary" and the existing "School, Vocational" permitted use categories from "P"
Permitted Use to "S" Special Use; and to create a new use type entitled "School, Private
or Charter" with all development in the new "School, Private or Charter" use type being
classified as an "S" Special Use; and
WHEREAS, It is City policy that certain land uses due to their potential impact on
traffic or compatibility with a neighborhood should be subject to special use approval
which allows for the placement of development and use conditions; and
WHEREAS, A modification to the permitted use schedule requiring the special use
approval process for all types of school development is an appropriate safeguard allowing
for the development impact of public, private, charter and vocational schools to be part of a
public review process; and
WHEREAS, the Planning and Zoning Department prepared an amendment to
Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule
Amendment" All public, private, charter and vocational schools are to be classified as "S',
Special Use; and
WHEREAS the Planning and Zoning Department prepared an amendment to Land
Development Code Section 20 -3.4 (B) "Special requirements" in order to add a new
subsection to be entitled "Schools" which sets forth seven requirements which will be
applicable to all school development projects and which will be mandatory and added to
by the Board or City Commission during the special use public hearing process; and
WHEREAS, the Planning Board at its June 15, 2010 meeting conducted a public
hearing and adopted a motion by a vote of 6 ayes 0 nays recommending approval of the
proposed amendment; and
WHEREAS, the City Commission at its August 17, 2010 meeting reviewed the
proposed legislation and referred the item back to the Planning Board requesting additional
study; and
2
1
2 WHEREAS, The Planning Board at its meeting on November 9, 2010 conducted a
3 public hearing on a revised draft of the legislation and a motion was adopted by a vote of 5
4 ayes 0 nays recommending approval of the proposed revised amendment.
5
6 WHEREAS, the City Commission desires to accept the recommendation of the
7 Planning Board and enact the aforesaid amendment.
8
9
10 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
11 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
12
13 Section 1. That Section 20- 3.3(D) entitled "Permitted Use Schedule" of the Land
14 Development Code is hereby amended as set forth on the attached page.
15
16 Section 2. That Section 20- 3.4(B) entitled "Special requirements" of the Land
17 Development Code is hereby amended to read as follows:
18
19 20 -3.4 Special use conditions.
20
21
22 (B) Special Requirements.
23 * * * *
24 . (23) SCHOOLS: The following requirements shall be applicable to all schools
25 allowed as a special use:
26
27 (1) The maximum student capacity of a school (K -12) shall not exceed one
28 hundred (100) students per net acre based upon the site size of the
29�' property.
30 (2) Notwithstanding the parking requirements set forth in Section 20- 4.4(B)
31 (12), all schools, except high schools, shall provide one parking space for
32 every three hundred (300) square: feet: of gross floor area. High schools
33 shall provide one parking space for every two hundred (200) sauare feet
34 of gross floor area.
35 (3) The proposed school shall meet State standards for class size and for
36 recreation and open space.
37 (4) A traffic study to include a parking impact on the surrounding
38 neighborhood and requirements for adequate queuing on site shall be
39 provided indicating the impact of the proposed facility on the surrounding
40 area; the traffic study consultant shall contract with the City and be paid
41 for by the school applicant.
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(5)
All required parking for the school shall be located on site.
3
(6)
The drop off and pick -up loading zone areas for students shall be
4
completely accommodated on site.
5
(7)
All proposed driveways, vehicular circulation, and parking areas shall be
6
designed to avoid a back up of traffic onto a public right -of -way.
7
(8)
No ingress or egress to a school shall be permitted through abutting
8
residentially zoned parcels.
9
(9)
When adjacent to a residential zone district, a landscape opaque buffer
10
shall be constructed along dividing property lines.
11
(10)
All playground and athletic activities areas shall be accommodated on
12
site.
13
(11)
There may not be any school activities on site after 11:00 PM on
14
-
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(12)
The school shall be financially responsible for the appropriate solution of
16
any problems that arise after approval.
17
(13) If the proposed school is, in the future, determined by the Director of
18
Planning, to be adversely affecting the health or safety of persons residing or
19
working in the vicinity of the proposed use, to be detrimental to the public
20 welfare or property or improvements in the neighborhood, or to be not in
21 compliance with other applicable Code provisions, the special use approval
22 may be modified or revoked by the City Commission upon notification and
23 public hearing.
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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 day of __, 2011
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ATTEST:
CITY CLERK
1" Reading —
2nd Reading —
READ AND APPROVED AS TO FORM
AND SUFFICIENCY:
CITY ATTORNEY
S
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
(New wording in bold and underlined; wording removed in 9*i4w4hto"h)
X: \Comm Items \201I \1- 4- 11\LDC Amend Schools S Use Alternate Ord revised.doc
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South Miami
All•Amedca City
° I I 11, F
2001
To: The Honorable Chair and Date: November 9, 2010
Planning Board Members
From: Thomas J. Vageline, Director RE: LDC Amendment — Permitted
Planning and Zoning Department Use — Schools to S Category
Sec. 20- 3.3(D); Sec. 20 -3.4
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 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.
BACKGROUND
The City Commission at its June 2, 2010 meeting adopted Resolution No. 116-10-13150 directing the
Planning and Zoning Department and the Planning Board to consider an ordinance revising Land
Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order to change the existing
"School, Elementary or Secondary" and the existing "School, Vocational' permitted use categories from
"P Permitted Use to "S" Special Use; and to create a new use type entitled "School, Private or Charter"
with all development in the new "School, Private or Charter" use type being classified as an "S" Special
Use (see attached resolution).
The "Permitted Use Schedule" is a list of all uses which are allowed in each zoning district and also sets
forth for each use whether it is a "P" use, permitted as of right use, or an "S" use requiring approval via
the special use process. It is important to note that existing uses "School, Elementary or Secondary" and
the "School, Vocational' are both permitted uses as of right in certain zoning districts. In addition the
Permitted Use Schedule does not contain a separate listing for a private or charter school.
It is City policy that certain land uses due to their potential impact on traffic or compatibility with a
neighborhood should be subject to special use approval which allows for the placement of development
and use conditions. During the past few years there has been school development both public and private
which did not receive an appropriate level of review by South Miami residents and property owners.
I
A modification to the permitted use schedule requiring the special use approval process for all types of
school development is an appropriate safeguard. The development impact of public, private, charter and
vocational schools would be part of the review process. This process allows for special conditions to be
assigned as part of the approval granted.
In addition it is also suggested that general conditions and requirements be set forth which would be
applicable to all school development going through the review process. These are listed in Section 20 -3.4
entitled "Special Use Conditions"
PROPOSED LDC AMENDMENTS
The attached LDC Amendment documents will accomplish what the City Commission is requesting.
(1) Permitted Use Schedule Amendment. Section 20- 3.3(D). All public, private, charter and
vocational schools are to be classified as "S', Special Use. It is important to note that public
school development under State law is not subject to local zoning, however, it is anticipated that
new school policies encourage voluntary cooperation.
(2) Special Use Conditions. Section 20 -3.4 (23). A new section is provided which lists seven
requirements which will be applicable to all school development projects. These conditions are
mandatory and could be added to by the Board or City Commission during the special use public
hearing.
PLANNING BOARD ACTION:
The Planning Board at its June 15, 2010 meeting adopted a motion by a vote of 6 ayes 0 nay
recommending approval of the proposed amendment.
CITY COMMISSION ACTION
The City Commission meeting of August 17, 2010 (meeting minutes excerpt attached), there was
discussion regarding several issues associated with this topic. Among the items discussed were concerns
about enrollment size. Traffic was identified as an issue. There should be a traffic study regarding the
affect of the proposed school on the surrounding neighborhood. The time limits for school activities
should be changed to 10:00 PM on weeknights and 11:00 PM on Fridays and Saturdays. Neighborhood
impacts need to be looked at.
It was expressed that charter school within the City should accept students from the City.
The item would be referred back to the Planning Board to consider:
1. A request for a traffic study;
2. Target population with respect to means of how to get there;
3. Understanding the intended capacity of the school.
It was recommended that the Planning Board get information regarding charter schools.
RECOMMENDATION
It is recommended that the amendments as set forth in the attached revised draft ordinance be approved.
2
Backup Documentation:
Draft Ordinance
City Commission Minutes Excerpt 8 -17 -10
Resolution No. 116 -10 -13150
Planning and Zoning Dept. Staff Report 6 -15 -10
Planning Board Minutes Excerpt 6 -15 -10
X:TB\PB Agendas Staff Reports\2010 Agendas Staff Reports \l 1- 9- 10\LDC Amend Comm Schools S Use Report.doc
RESOLUTION NO. 116-10-13150
A Resolution of the Mayor and City Commission of the City of South Miami, Florida
directing the Planning and Zoning Department and the Planning Board to consider an
ordinance revising Land Development. Code Section 20- 3.3(D) entitled "Permitted Use
Schedule99 in order to change the existing "School, Elementary or Secondaiy ".and the
existing "School, Vocational" permitted use categories from "P" Permitted Use to "S7 Special
Use; and to create a new use type entitled "School, Private. or Charter" with all development
in the new "School, Private-or Charter" use type being classified as an 'IS" Special Use; and
providing for an effective date.
WHEREAS, Land Development Code Section 20- 3.3(D) entitled "Permitted Use
Schedule" is a list of all uses which are allowed in each zoning district' and also sets forth for each
use whether it is a "P" use, permitted as of right use, or an S use requiring approval via the
special. use process; and
.—WHEREAS, e s ' d lzaoi; ieznentary or Secondary —and th
Vocational" are both permitted uses as of right in certain zoning districts; and'
WHEREAS, the Permitted Use Schedule does not contain a listing for a private or
charter school; and
WHEREAS, it is City policy that certain land uses, due to their potential impact on
traffic or compatibility with a neighborhood should be subject to special use approval which
allows for the placement of development and use conditions; and •
WM.REAS, the City considers the development impact of public, private, charter
and vocational schools should be subject to review as part of a Special Use approval process.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH: MIAMI, FLORIDA:
Section Y. That the Planning Board and the Planning and Zoning Department are requested'to
initiate and recommend upon necessary legislation to amend Land Development Cade Section 20-
3.3(D) entitled "Permitted Use Schedule" in order to change the existing "School, Elementary or
Secondary" and the existing "School, Vocational" permitted use categories from "P" Permitted .Use
to "S" Special Use; and to create a new use type entitled "School, •Private or Charter" with all
development in the new ,School,-Private or Chatter" use type being classed as an "S" Special
Use;
Section 2. This resolution shall be effective immediately upon being approved.
PASSED AND ADOPTED this 2r;tay ofsune , 2010
ATTEST: APPROVED:
CCU zPiy � rw
CITY CLE (j f Y R.
1
t
Res. No. 116 -10 -13150
9
READ ANIP APPROVED AS TO FORM
AND SUFFICIENCY:
ATTORNEY
X.-Tomm Rems\20I016- 2 -IMDC Amend School Category Resol.doc
Commission. Vote:
4 -0
Mayor Stoddard:
Yea
Vice Mayor Newman:
Yea '
Commissioner Palmer:
absent
Commissioner Beasley:
yea
Commissioner Harris:
Yea
EpEll
City of South Miami
Regular City Commission Minutes
August 17, 2010
CALL TO ORDER:
The City Commission of the City of South Miami, Florida met
in regular session on Tuesday, August 17, 2010, beginning at 7:17
p.m., in the City Commission Chambers, 6130 Sunset Drive.
A. Roll Call:
The following members of the City Commission were present:
Mayor Philip K. Stoddard, Vice Mayor Valerie Newman, and,
Commissioners Velma Palmer, Brian D. Beasley and Walter A.
Harris.
Also in attendance were: Deputy City Attorney Mark A.
Goldstein, City Clerk Maria M. Menendez and Acting City Manager
Buford R. Witt.
B. Moment of Silence: By Mayor Stoddard.
C. Pledge of Allegiance:
The Pledge of Allegiance was recited in unison.
D. Presentations(s)
Presentation by Richard O'Barry
Mr. O'Barry, a well -known activist towards the preservation
of the dolphins addressed the Commission, and presented a video
prepared by his son Lincoln who is producing a television series
for the Animal Planet which will air on August 27th. At the
conclusion of the video presentation, Mayor Stoddard presented
the Key to the City to Mr. O'Barry.
Presentation by Richard Weisskoff, PhD
Mayor Stoddard introduced Dr. Weisskoff, who is an economist
and who has been researching the options of providing for the
City of South Miami, the Village of Pinecrest, Cutler Bay and
Palmetto Bay, a study of the economic effects of FPL proposed
transmission lines on our economic development relating to
property values and job creation.
CITY COMMISSION MINUTES 1
August 17, 2010
the interpretation of the Charter Amendment as set
forth in Resolution No. 53- 10- 13087; providing for
severability; providing for ordinances in conflict; and
providing an effective date. 3/5
(Acting City Manager)
Moved by Commissioner Beasley, seconded by Mayor Stoddard.
Mr. Youkilis explained that the purpose of this item is just
to correct the Land Development Code to make sure that it is
consistent with the Charter.
With no further comments, the motion to approve this item
passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
18. 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. 3/5
(Mayor Stoddard)
Moved by Commissioner Beasley, seconded by Mayor Stoddard
to approve this item.
Vice Mayor Newman expressed concern with this ordinance,
saying that for one thing, there should be limitation on
enrollment.
CITY COMMISSION MINUTES 12
August 17, 2010
IMANI
Mayor Stoddard said that another thing that must be taken
into consideration is traffic, and it has not been placed as a
condition, the stipulation that there will be a traffic study
about the impact on the neighborhood. He also referred to the
after - school activities after 7:00 p.m., and that the language
should indicate a limit of 10:00 p.m. on weeknights and 11:00
p.m. on Fridays and Saturdays to allow for school dances. He said
that the focus should be on neighborhood impacts, therefore,
school size and traffic are really the two things that have to be
addressed.
The Commission also discussed the importance for charter
schools located in our City to accept students residing within
our community.
Mayor Stoddard recommended sending the ordinance back to
the Planning Board for addressing: (1) a request for a traffic
study; (2) target population with respect to means of how to get
there; and (3) understanding the intended capacity of the
school.
Commissioner Palmer expressed concern as to how would the
City monitor or enforce how people will get to the school. She
recommended for the Planning Board to get information regarding
charter schools from the School Board.
With no further comments, the motion to defer this item to
go back to the Planning Board for review, passed by a 5 -0 vote:
Commissioner Palmer: Yea
Vice Mayor Newman: Yea
Commissioner Beasley: Yea
Commissioner Harris: Yea
Mayor Stoddard: Yea
19. An Ordinance of the Mayor and City Commission of the
City of South Miami., Florida, to amend Section 20-
5.16(F) of the Land Development Code entitled "Unity
of Title submittal procedures" in order to remove all
references to a Declaration of Restrictive Covenants in
Lieu of Unity of Title and subsection 20- 5.16(F)
entitled "Required provisions to be included in the
Declaration of Restrictive Covenants in Lieu of Unity
of Title "; amending Section 20 -7.30 (A) and Section 20-
8.16 (A) to remove all references to a Declaration of
Restrictive Covenants in Lieu of Unity of Title;
CITY COMMISSION MINUTES 13
August 17, 2010
To: Honorable Chair and Date: June 15, 2010
Planning Board Members
From: Thomas J. Vageline, Director / /i Re: LDC Amendment — Permitted
Planning and Zoning Departments Use- Schools To S Category Sec. 20
20- 3.3(D); Sec. 20 -3.4
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 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.
BACKGI20UND
The City' Commission at its June 2, 2010 meeting adopted Resolution No. 116-10-13150
directing the Planning and Zoning Department and the Planning Board to consider an ordinance
revising Land Development Code Section 20- 3.3(D) entitled "Permitted Use Schedule" in order
to change the existing "School, Elementary or Secondary" and the existing' "School,
Vocational" permitted use categories from "P" Permitted Use to "S" Special Use; and to create
a new use type entitled "School, Private or Charter" with all development in the new "School,
Private or Charter" use type being classified as an "S" Special Use (see attached resolution).
The "Permitted Use Schedule" is a list of all uses which are allowed in each zoning district and
also sets forth for each use whether it is a "P" use, permitted as of right use, or an "S" use
requiring approval via the special use process. It is important to note that existing uses "School,
Elementary or Secondary" and the "School, Vocational" are both permitted uses as of right in
certain zoning districts. In addition the Permitted Use Schedule does not contain a separate
Iisting for a private, or charter school.
LDC Amendment
June 15, 2010
2
It is City policy that certain land uses due to their potential impact on traffic or compatibility
with a neighborhood should be subject to special use approval which allows for the placement of
development and use conditions. During the past few years there has been school development
both public and private which did not receive an appropriate level of review by South Miami
residents and property owners.
A modification to the permitted use schedule requiring the special use approval process for all
types of school development is. an appropriate safeguard. The development impact of public,
private, charter and vocational schools would be part of the review process. This process allows
for special conditions to be assigned as part of the approval: granted.
In addition it is also suggested that general conditions and requirements be set forth which
wn „tR he annlica e to all sc oo eve opment going oug t e review process. ese are
Listed in Section 20 -3.4 entitled "Special Use Conditions
PROPOSED LDC AMENDMENTS
The attached LDC Amendment documents will accomplish what the City Commission is
requesting.
(1) Permitted Use Schedule Amendment. Section 20- 3.3(D). All public, private, charter and
vocational schools are to be classified as "S', Special-Use. It is important to note that
public school development under State law is not subject to local zoning, however, it is
anticipated that new school policies encourage voluntary cooperation.
(2) Special Use Conditions . Section 20 -3.4 (23). A new section is provided which lists
seven requirements which will be applicable to all school development projects. These
conditions are mandatory and could be added to by the Board or City Commission
during the special use public hearing.
RECOMMENDATION
It is recommended that the proposed amendments set forth on the attached amendment
documents be approved.
Attachments:
(1) LDCAmendment Document- Permitted Use Schedule
(2) LDC Amendment Document- Special use conditions
Resolution No. 116 -10 -13150
Public Notices
X:\PB\PB Agendas Staff Reports\2010 Agendas StaffReports\6- 15- 101PB -10 -008 LDC Amend Schools Report .doc
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LDCAmendment
June 15, 2010
M
LAND DEVELOPMENT CODE AMENDMENT- SPECIAL USE CONDITIONS
20 -3.4 Special use conditions.
(B) Special Requirements.
* * + x
(1) All required parking for the school shall be located on site.
(2) The drop off and pick-up loading zone areas for students shall be completely
accommodated on site.
.(3) All proposed driveways vehicular circulation and parking areas shall be designed to
avoid a back up of traffic onto a public right -of -way.
,(4) No ingress or egress to a school shall be permitted through abutting residentialIY
zoned parcels.
(5) When adjacent to a residential zone district a Iandscape opaque buffer shall be
constructed along dividing property lines.
66 All playground and athletic activities areas shall be accommodated on site.
There may not be any school activities on site'after. 9:00 PM.
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Meeting Minutes
Tuesday, June 15, 2010
City Commission Chambers.
7:30 P.M.
EXCERPT
I. Call to Order and the Pledge of AIlegiance to the Flag
Action: The meeting was called to order at 7:46 P.M.
The Pledge of Allegiance was recited in unison.
II. Roll Call
Action. Vice Chair Morton requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Young, Mr. Whitman, Mr.
Farfan, Ms. Beckman and Mr. Cruz. Board members absent: Ms. Yates.
City staff present: Mr. Thomas J. Vageline (Planning & Zoning Director), Sanford A. Youkilis
(Planning & Zoning Consultant) and Marcus Lightfoot (Permit Facilitator).
Deputy City Attorney: Mr. Mark Goldstein
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.
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.
Planning Board Meeting
June 15, 2010
Page 2 of 4
Action: Mrs. Beckman read the item into the record.
Mr. VAgeline commented that this topic was referred to the Department by the City Commission
on June 2, 2010 and asked that schools be reviewed and explored so that there could be a little
more control over where schools could be located and conditions under which would be allowed
to operate. There have been several experiences of existing schools that have been built which
created difficulties in parking or drop ,off times with traffic congestion. In looking at the
Permitted Use, there are two types of schools that are currently listed; one is "school elementary
and secondary". The second is "school vocational". A new use category "school private or
charter" needs to be added. The two categories already listed are shown as Permitted Use in the
zoning districts were they are allowed. Staff is recommending they be changed to "S" for Special
Use so that more consideration could be given to the issues that schools present prior to them
being approved. and constructed. This is a procedure to provide an opportunity to inform the
pu is iryuEe proles s so their Sues ions co e a res– sc —. coup e o issues a sia i
currently has is that businesses adjacent to the schools find that there are no parking spaces
available for their customers. General parking is consumed to the point that other entities cannot
park where they normally park. The largest issue is the drop'off and pick up area for the school.•
He recommended that a Special Use approval.would require the applicant to submit a plan for
addressing drop off and pick up. ,
Mr. Morton questioned what are the code numbers on the Permitted Use Schedule. Mr. Youkilis
replied that the last two columns have to do with what parking category they are in. The second
number is a list of pre -set conditions for public, charter and private schools. The parking
category requires one space for every four hundred square feet which is standard for schools. In
addition staff is recommending adding the following pre - conditions:
(1) All required parking for the school shall be Iocated on. site.
The drop off and pick-up.. loading zone areas for students shall be completely
accommodated on site.
All proposed driveways yebicular circulation and parking areas shall be designed to
avoid a back up of traffic onto a public right -of -way.
No ingress or egress to a school shall be permitted through abutting residentially
zoned pareels.
When adjacent to a residential zone district a landscape opaque buffer shall be
constructed along dividing property lines.
All pixyground,and athletic activities areas shall be accommodated on site.
M7 There may not be any school activities on site after 9:00 PIVt.
Planning Board Meeting
June 15, 2010
Page 3 of 4
Mrs. Young questioned why staff is proposing that there be no school activities after 9 PM. Mr.
Youkilis responded that after 9 PM activities could disrupt local residential areas. Mrs. Young
suggested that scheduled events cannot end no later than after 9:00 P.M. She suggested that the
words technical and vocational be added in Section 20- 3.3(D).
Mr. Cruz questioned the reason for the conditions. Mr. Youkilis replied that he had seen similar
regulations used in other cities such as Coral Gables, where they are having an issue with a new
charter school. Mr. Cruz, questioned what the noise ordinance for a residential area is. Mr.
Youkilis responded that there can be no excess noise after 11:00 P.M.
The Vice Chair opened the public hearing.
Sharon McCain 7502 SW 58 Avenue Opposes.
Ms. McCain commented that there are several issues with the charter school. As of this moment,
there are two schools that would like to expand. She commented that she likes the proposed draft
even though she does not know the Coral. Gables guidelines, There needs to be some guidelines
set in place. McCain questioned if the foot print of the building dictates how many students you
could have and maybe this regulation could be put in the City of South Miami Code: Ms:
McCain suggested that staff look at other city charters in order to come up with more guidelines.
Mr. Youkilis mentioned that in every district there is a limitation on how many students are
allowed.
Mr. Cruz questioned that the field across from the building is not their field and that they use the
roof. Mr. Youkilis responded yes that is correct, but the school is allowed to do that under school
board guidelines.
Mr. Cruz commented that there are regulations for the amount of students in a school and he
does not believe that there is a leeway for charter schools.
Mr. Whitman questioned if special conditions be imposed as part of a Special Use approval. Mr.
Youkilis responded yes.
Mr. Cruz questioned if there is a charter school as of the moment in the planning phase. Mr.
Youkilis replied no.
Mrs. Beckman questioned the current charter school (Somerset) could it have been built if it did
not meet these regulations. Mr. Youkilis responded that the school does not have enough parking
even though they are paying a yearly parking fee for having on- street spaces credited to them.
Mrs. Beckman questioned with Special Requirements in (B)(22) certain schools have concerts
and activities past 9 PM. Could they request a permit past the time or hire a police officer for
those hours?
Planning Board Meeting
June 15, 2010
Page 4 of 4
Mr. Whitman stated that the Board should move forward and vote on the item.
The Vice Chair closed the public hearing.
Mr. Morton questioned at what time they close the park. Mrs. Beckman responded dusk. Mr.
Morton recommended that the school activities cannot go past 10:00 P.M.
Motion: Mrs. Young moved to approve the application with the pre- conditions recommended
and the modifications as stated. Mr. Cruz seconded.
Vote: 6 Ayes 0 Nays
TJV /SAY
X: \Comm ltems\2010 \8 -3 -1 GTB.Minutes.6.15.2010 Excerpt Schools S Use .doe
CITY OF SOUTH MIAMI
Planning Board
Regular Meeting
Meeting Minutes
Tuesday, November 9, 2010
City Commission Chambers
7:30 P.M.
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
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
X: \Comm Items\ 2010 \12- 7- 10 \PB.Minutes.Excerpt School 11.9.2010.doc
y
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. January 4. _2 1, beginning at 7:30
p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider
the following item(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(D) 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 Soul
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 iti TODD(H 1)"
Transit Oriented Development District (6ighonduetriat4) 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
r 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 IS' 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 fine Rem 615 - 1910 -521 -5205 (Federal Forfeiture Computer
Equipment) of $53,336.80, from the Federal Forfeiture Fund
Balance with a balance of 52'72- .BM13.48, $125.725.00, 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- 1720-53.4,
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 drbla/ Municipal Services
Bureau (MSS) providing debt collection services fora 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 Cleric
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
s
SE SUNDAY, DECEMBER 26, 2010.,1 25SE .
� C L _ A
information about these and other Wednesday $10. free for members of Temple Meno -
-activities. *Duplicate gamed -4 p m Mon , rah, reservations required,
Duplicate Bridge at Temple Beth day Saturday, $8. - 305 -866 -0221. or
Am: 5950 North Kendall Dr., Pi- Isidoro Lerman Senior Adult Recre-, templemenorah@griaii.com;"
necrest, 305 -667 -6667 ext, 203:' ; atiorial Entrap: Includes .a lunch -itenh r LIFT.Center An activity
*Introduction to duplicate; 9 a.m. followed by a musical program - center for seniors 55 and up. Fea
Monday; $5 . presented by CantorYoav Koplowich tures various card games and
*Advance beginner lessons; 9 :30 and Richard Shapiro; 12;30 p.m.'
..
a.m. Tuesday; $10. - Wednesdays The Olemberg Hali ; eTURN TO CALENDAR; 335E
*Intermediate lessons; 9:30 a.m. 7445 Carlyle Ave., Miami Beach $10, r ,r
r x I
CITY ®F SOUTH. MIAMI '
COURTESYPlOTICE,:
NOTICE IS HEREBY given that'the City commis Sion of the Cfty of South Miami, Florida will conduct. Public
Hearings at its regular City Commission meeting scheduled for Tues _20
dav Jan ary 4,.. 11 beginning at
7:30 p.m:; following the SMCRA meeting, in the City Commission Chambers, 6130 SunSei Drive, to consider
the following item(s): - - -
An Ordinance amending the Land Development Code Section 20 -7.51 entitled 'Special exceptions In
order to revise the wording in Section 20- 7.51(D) to replace the word "development' �wfth 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 jHD
An Ordinance 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 a4TODD(0 -4)" Transft Oriented Development
District (Light Industrial 4) zoning use district, and amending Section 20-2:3. entitled "Definitions" fo provide .
a definition of a community garden; providing for severability;.providing for ordinances rn conflict; and,. -
providing an effective date: . .> - • -
An Ordinance relating to a request to. amend the official zoning map of the City of, South Miami Le
Development Code by designating acommercial building located at 5875 Sunset Drive (aka The Dowling ,
Building) as an historic site and by placement of an Historic Preservatlon Overlay Zone (HP -OV) over the
existing zoning use district for this property. - "
(An. ordinance to amend Section 2 )4.,3 (D) of the' Lan. "Development Code entitled Permitted Use
Schedule" in order, to: change the existing "School, - Elementary br Secondary "'Use category and the
existing' School, Vocational" use category from "P" Permitted use category to"S" Special Use oategory; -.
to create a:new use type entitled "School, Privateor Charter" with- all.tlevelopment in the new "School,
Private or Charter" use category being classified -asan "S"-Specia'f Use; and amending Section 20 -3.4
entitled. "Special Ube, Conditions" in order to set forth general and special requirements applicable to ail
three school use categories.
An Ordinance relating to budget; authorizing an increase of expense.line item 615 -1910 527, -5205. (Federal ;
Forfeiture Corimputer.Equipment)_ of $53,336.80, from the Federal Forfeiture Fund Balance wfth a balance
of $212,643.03, 112L72-5-0-0,
An Ordinance relating to the fee schedule; amending ordinance 21 -09 -2013 as amended ley ordinances to,
' increasing some fees, adding. new fees and deleting some fees front the schedule
A Resolution authorizing the City Manager to purchase mapping software from USA Software Inc. for a
total cost of $15,000100 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, LLCfor the
recycling of the City's yard waste in the amount of $135,714.75to be charged to Public Works Refuse
DisposaLFee- 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 (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 aninitial one (1) year periotlwith fodr(4)one(1).
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 up to thirty eight (38) multi -space parking stations for an amount not to exceed ,
- $420,600 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,pleasecientact the City Clerk's Office at (305) 663 -6340. ,
ALL interested parties are invited to attend and will be heard.
r Maria M. Menendez, CMC
City Clerk
Pursuant to Florida Statutes 286,0 05, the City herebyadvises the public that if a person decides to appeal any decielonmadshy,
this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, he or she Wheal a record of;. the proceedings, and that for such purpose, affected person may need to ensure that aver sit record of the proceedings Is meaa
which record Includes the testimony and evidence upon which the appeal is to be based.
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
V. PEREZ, 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
PUBLIC HEARING -JAN. 18, 2011
in the XXXX Court,
was published in said newspaper in the issues of
01/07/2011
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the said
newspaper.
V. PEREZ personally known to me
',t_cPpy; MARIA I, MESA
'Ok i MY OOMMI351014 0 DD 150170
4, 2012
;.1r,° EXPIRES: Mar:h
/e {(ppQ p 0motrolbru?Iiaiy faae undorWiHers
Y�
Miami, Florida will, conaucr ruvn „ems —
Commission meeting scheduled, for Tuesday JanuarV'18 2011;
beginning at 7:30 p:m., in the City Commission Chambers, 6130 Sunset..
Drive, to considerthe following item(s):
n� nrdrnance of`the Mayor and,City Cam "mission of the City of
iipg, for. severability providing for oramancee ,t,
roviding an effective date. _
of the Mayor and City Commission of the City of
Florida, to amend Section 20-13.3 (D) of the; Land
Code entitled "Permitted Use, Schedule!'. in order,
a existing I'School, Elementary or Secondary" use
the existing "School,' Vocational use category
iitted use category td % Special Use category; fo"
use type entitled 'School, Private or Charter with
snt in the, new, " School „ Private or Charter` use
ig classified as an' S Special Use; and amending
4 entitled "Special Use Corirlitions' ki order tb:set
and special requirements applicable to all three
ateoories: aroviding for severability; providindfor '
ordinances in conflict; and providing an ennui,vo emu«.
ALL inforested 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 0 a. Berson decides, to appeal any decision made by i this
Board, Agency or Commission with respect to any matter considered at
its meeting -or hearing, he or she wili'need a record'ofitheiptageedings,
and that for such purpose, affected person may needto�ei>gutiertihtsathe