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5South Miami To: The Honorable Mayor Stoddard and Members of the City Commission Via: Hector Mirabile, Ph.D., City Manager From: Lourdes Cabrera, Acting Planning Dire for Date: April 4, 2011 ITEM NO. Subject: A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20- 4.4(.1) of the Land Development Code for Special Use Approval to locate an Interim Parking lot at 7150 -7160 SW 62 Avenue within the "TODD (MU -5)" Transit Oriented Development District (Mixed Use 5) Zoning District; and providing an effective date. REQUEST Pursuant to Section 20- 4.4(J) of the Land Development Code (LDC) the applicants, 62 Avenue Plaza, LLC, are requesting Special Use Approval to operate an Interim Parking Lot at 7150 -7160 SW 62 Avenue. The parking lot is currently used as a commercial parking lot and is located behind two one story office buildings which face SW 62 Avenue and is zoned TODD (MU -5). The site consists of two parcels containing approximately 50,000 square feet which are joined by a unity of title. INTERIM PARKING LOT The special use application is required because the existing parking lot does not meet the requirements of an off - street parking lot, including commercial parking lots, which require landscaping, paving, drainage, and lighting. An interim parking lot is essentially a temporary use which can be approved for a period of time not to exceed six months (renewable). It is permitted in SR, MO and TODD zoning districts and generally used as part of a construction program or where redevelopment is expected on the property which is the parking lot. The interim Parking D it legislation °hieh , "° for- an interifa pafking lot was adepwd-���� Pursuant to Section 20-4.4(J)(1-14) Interim Parking Permit of the Land Development Code the requirements are as follows: (I) Interim Parking Permit, In SR, MO and TODD zoning districts, due to the limited land available for parking, Interim parking may be permitted by four (4) affirmative votes of the city commission, subject to the following criteria: (I)A site plan demonstrating all physical aspects of the operation must be submitted and approved by the City. (2)Permits for each lot may be issued,for interim parking on private or public property for a period not to exceed six (6) months and may be renewed every six (6) months. 2 (3)A permit fee of two hundred fifty dollars ($'250.00) shall be required in addition to the special use application fee. (4)The lot shall be restored to its original condition, by the permittee, upon the expiration, or cancellation, of the Interim Parking permit. (5) Access to the parking lot shall be secured when the lot is not in use. (6)Inierim parking lots are not required to comply with the South Miami Land Development Code requirements related to parking lot landscaping, paving, or drainage; however, they shall: i. Provide safe access to and from the site without damage to existing sidewalks or curbs through an improved, safe driveway access. ii. Secure any damaged area in such a fashion that will prevent pedestrian or vehicular access to such area and shall be repaired within two (2) weeks of the occurrence of the damage. iii. Provide a ten foot wide level surface area along those portions of the property which abut a public right -of -way, where sidewalks are not available, to accommodate the safe and unobstructed passage of pedestrians. The City may allow a reduction in the width if the City determines that safety concerns are otherwise met. iv. Provide a parking lot surface that is level and suitable for the quantity and frequency of traffic expected to use it, free of tripping hazards and without potential safety hazards. v. Maintain the parking lot in good condition and avoid conditions indicative of a public nuisance, which shall include, but not be limited to, the following: erosion problems, potholes, silting of streets, dust, overgrowth and accumulation of litter and debris. vi. Keep the parking lot free from litter, as that term is defined by chapter 13A -2 of the City Code of Ordinances. (7)The City shall assess the impact of the Interim parking request on the surrounding road network. The City may impose reasonable requirements and conditions, including a traffic study if necessary, to the Interim parking permit to ensure the continued compatibility with the surrounding road network. (8)Interim Parking lots shall provide parking,for disabled persons in accordance with all applicable law. 3 (9)Parking fees for Interim parking are permitted and a proposed fee schedule must be submitted with the application for Interim parking permit. On January 18 2011 a parking fee schedule was submitted with the application for Interim parking permit (see attached). (10)All signage must be in accordance with the portable commercial parking lot sign regulations, as found in Section 20 -4.3. (]])All attendants must be well - groomed and wear easily identifiable uniforms. All attendants shall wear on their uniform a name tag identifying employee's name at all times. (12)Attendants shall not station themselves upon the public right -of -way for the purpose of actively attracting customers or for any other purpose which results in an interruption to pedestrian and vehicular traffic flow. (13)The City may require the operator to hire off -duty police officers. (14)The Interim Event parking permit may be revoked by the City Manager upon a finding that the use is not in compliance with the LDC or is causing a public nuisance. (Ord. No. 9 -99 -1683, § 4, 5 -4.99) HISTORY OF SITE In April, 2005 the subject property was approved for construction of a six story mixed use (medical office/ retail) building containing 80,000 sq. ft. of office and 7,800 sq. ft. of retail space and an adjacent parking garage. The approval was made by the City Commission via Resolution No.53 -05- 12032, which included a special exception approval because the site exceeded 40,000 square feet. The applicant in his letter of intent states that economic conditions have prohibited construction of the building. During the past six years the applicant advised that the property has been used substantially as an interim parking lot. The City has no record of any request or application to allow this site as an Interim Parking Lot. The City's Code Enforcement Division has been reviewing the status and condition of off street parking lots and facilities city wide. It was discovered in 2010 that a Commercial Parking Lot was licensed to operate at this location. , pafking� However, the existing conditions of the parking lot fail to meet the required construction standards for off - street parking. Following notice by Code Enforcement the applicant agreed to file the special use application so that the interim parking lot usage can continue until the approved building can be built. It is important to note that the Department's file on this property contains memos and newspaper articles dating back to 1996 indicating that at that time, under different ownership, the site did not meet City standards for parking lots. SPECIAL CONDITIONS APPLICABLE The overall purpose of going through the special use process is to determine the compatibility of the proposed use with the surrounding neighborhood. A special use must comply with the conditions set forth in Section 20- 5.8(B)(1) in that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and, c) Complies with all other applicable Code provisions. STAFF OBSERVATIONS (1) The continued use of the site as a temporary parking lot without special approval was illegal in 1996 and continues to be an illegal use. (2) The development order (special exception resolution) for the proposed mixed use building was issued in 2005 and no progress on construction of the new building is evident. (3) There is a legitimate concern that the parking of 130 -150 cars per day on the grass area over the last 16 years may have contaminated the soil and ground area of the site. (4) An interim parking permit is only valid for six months and can be renewed every six months. The applicant should be willing to convert the temporary parking use to a permanent parking lot which is required of all commercial parking lots. PLANNING BOARD RECOMMENDATION The Planning Board at its meeting on February 22, 2011 conducted a public hearing and adopted a motion by a vote of 4 ayes 3 nays (Mr. Morton, Mr. Cruz, Ms. Young) recommending denial of the proposed special use application. ADMINISTRATION RECOMMENDATION It is recommended that the requested special use approval for the interim parking permit and interim parking lot at this location be denied. Attachments: Special Use Application dated January 18 2011 Parking fee schedule Location Map Letter of Intent LDC Section 20- 4.4(J) Interim Parking Permit LDC Section (L) (3) Commercial Parking lots Resolution No.53 -05 -12032 Planning Board Minutes Excerpt 2 -22 -11 Planning and Zoning Department Staff report 2 -22 -11 Public notices Survey and Site Plan LCHYAComm Items \2011\M0N 4 -4 -11 \SPECIAL USE - 7150 -7160 SW 62 Avenue \Special Use - Parking 7150 SW 62 Ave. CM Report.doc I RESOLUTION NO. 2 3 A Resolution of the Mayor and City Commission of the City of South Miami, relating to a 4 request pursuant to Section 20- 4.4(3) of the Land Development Code for Special Use 5 Approval to locate an Interim Parking lot at 7150 -7160 SW 62 Avenue within the "TODD 6 (MU -5)" Transit Oriented Development District (Mixed Use 5) Zoning District; and 7 providing" effective date. 9 WHEREAS, pursuant to Section 20- 4.4(J) of the Land Development Code (LDC) the 10 applicants, 62 Avenue Plaza, LLC, has submitted application PB -I1 -008 requesting Special Use I I Approval to operate an Interim Parking Lot at 7150 -7160 SW 62 Avenue within the TODD 12 (MU -5)" Transit Oriented Development District (Mixed Use 5) Zoning District; and 13 14 WHEREAS, an interim parking lot is permitted in the SR, MO and TODD zoning 15 districts and is a temporary use which can be approved for a period of time not to exceed six 16 months; and 17 18 WHEREAS, a temporary parking lot is generally used as part of a construction program 19 or where redevelopment is expected on the property; and 20 21 WHEREAS, in April, 2005 the subject property was approved for construction of a six 22 story mixed use (medical office/ retail) building containing 80,000 sq. ft. of office and 7,800 sq. 23 ft. of retail space and an adjacent parking garage; and 24 25 WHEREAS, a special use application is required because the applicant is currently 26 operating a commercial parking lot at the subject location and the existing parking lot does not 27 meet the requirements of an off - street parking lot, including commercial parking lots, which 28 require landscaping, paving, drainage, and lighting; and 29 30 WHEREAS, the applicant agreed to file the special use application so that the interim 31 parking lot usage can continue until the approved building can be built; and 32 33 WHEREAS, the approval of a special use requires a recommendation from the Planning 34 Board and the approval of the City Commission after a public hearing; and 35 36 WHEREAS, at its February 22, 2011 meeting the Planning Board, after public hearing, 37 adopted a motion by a vote of 4 ayes 3 nays recommending denial of the special use interim 38 parking permit request; and 39 40 WHEREAS, the City Commission desires to accept the recommendation of the 41 Planning Board. 42 43 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 44 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA THAT: 45 46 Section 1: The Special Use Application submitted by applicant 62 Avenue Plaza, LLC, 47 requesting Special Use Approval to operate an Interim Parking Lot at 7150 -7160 SW 62 Avenue 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 within the TODD (MU -5)" Transit Oriented Development District (Mixed Use 5) Zoning District is denied. Section 2: This resolution shall be effective immediately after the adoption hereof. PASSED AND ADOPTED this day of ATTEST: CITY CLERK READ AND APPROVED AS TO FORM AND SUFFICIENCY: CITY ATTORNEY 2011 APPROVED: MAYOR Commission Vote: Mayor Stoddard: Vice Mayor Newman: Commissioner Palmer: Commissioner Beasley: Commissioner Harris: LCH Y:\Comm Items\20l ]\SPECIAL USE - 7150 -7160 SW 62 Avenue \Special Use- Parking 7150 SW 62 Ave. Resolution.doe 2 City of South Miami Planning & Zoning Department City Flail, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663.6326; Fax: (305) 663 -7356 Application For Public Hearing Before Planning Board & City Commission Address of Subject Property: 71!rep -716V e cv/ rz . LPB(s) — Block _Subdivision Meets & Bounds, Applicant: . Phone: Representative., kz ok w'd *r a41 sy Organization: Address: 71 LD , w 6 7/10 -{ Phone: -spy f ycx - t vz SD. iViulw+i E'L. �� /ti Property Owner: &Z », � �/�za LC— Signa Mailing Address: -7 111M Phone. Se. ia.�a,° 33/y Architect/Engineer: Phone:' AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: . Owner _Owner's Representative Contract to purchase _Option to purchase TenantiLessee __ _ APPLICATION IS HEREBY MADE FOR THE FOLLOWING:: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: Text Amendment to LDC Variance — Zoning Map Amendment aeciai Use PUD Approval _Special Exception _— PUD Major Change _,Other ofiaiver of Plat) PLEASE CHECK ALL THAT APPLY: 1r r_etter of intent Justifications for change tatement of hardship V Proof of ownership or letter from owner ^ Power of attorney ' Briefly explain application and cite specific Coda secfiens: /Contraot.to purchase V' Current survey (1 original sealed and N signed /1 reduced copy @ 11" x 17 ") ✓15 copies of Site Plan and Floor Plans V 1 reduced copy @ I V x 17" Affidavit- Receipts attesting to mail L.,t,)C- 20 J Section:-__-_ Subsection:_, Page #: Amended Date: notices sent -rF ailing labels (3 sets) and map Required Fee(s) The undersigned has read this completed application and represents that the information and all submitted materials are true and 2 c • .o t the best of the applicant's knowledge and belief. r �,.�if JIX rr pticant'sSigner and title l "64/ Print Name Date Upon receipt, a phcations and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable repri ations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USE ONLY: Date Filed Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment 4 /I6 /09CT- G=slPB Application for Public Hearing (Revised 2D047.doc 62nd Avenue Plaza LLC n we- South Miami, FL Minimum Fee (up to 2 hours) $2.00 Maximum Fee (all day) $5.00 Monthly Fee $50.00 City of South Miami PB -11 -003 Special Use Approval - Interim Parking Lot 7150 -7160 SW 62 Avenue Feet 0 100 200 300 600 900 1,200 6701 6700 H $701 6700 T6721 6700 6711 6116 0 6711 6710 6710 6718 w 6721 6720 m 6721 6720 6720 0 N 6731 6730 6730 6731 6730 o SW 68TH ST +° 6350 ° �° 6300 6801 6800 6801 6800 `A 6812 6816 R n� 6840 6810 6825 0820 6303 6847 `w �$0 6�3 of m 6gDa o0 6917 d' a �� 6912 y2d0 623 � 602 6929 6931 6944 62D1 6941 041 � � 69gp 6941 SW o N 7009 7001 7021 T010 7016 70D0 7041 7030 7101 7165 7040 6259- 7111 7110 7107 7116 7114 7111 s�o 7121 SUBJECT 6333 r PROPERTY 6201 i SW 72ND ST SUNSET DR 6330 6310 r� 1 1 6250 °> 6121 7000 7020 7031 7040 ti 7100 7051 N 7090 7171 � S-" ti sus o sis 8101 8180 .III I 0 N ttr2. S 5961 - a, SW 68TH SI 7 Q= 6001 7091 o e O 7018' �' 5959 ~ 0 5075 0951, f6200 7231 7231 iO 7243 ^6130 7240 o° 7261 7248 K N 7301 N m w 7311 7340 7320 r 7300 ai Q \ s 5950 7321 W 7333 7330- 6200 S 6331 7340 ° 7901 6022 9''O 7a sr sw 7 ` 6 5950 7401 7400 7401 IT 7411 7410 7411 7410- 7400 7421 7420 7421 ilz 7440 7931 7430 7431 61y0 6 ISPO 5Ap N r? O m 7000 7020 7031 7040 ti 7100 7051 N 7090 7171 � S-" ti sus o sis 8101 8180 .III I 0 N ttr2. S 5961 - a, SW 68TH SI 7 Q= 6001 7091 o e O 7018' �' 5959 ~ 0 5075 0951, f6200 7231 7231 iO 7243 ^6130 7240 o° 7261 7248 K N 7301 N m w 7311 7340 7320 r 7300 ai Q \ s 5950 7321 W 7333 7330- 6200 S 6331 7340 ° 7901 6022 9''O 7a sr sw 7 ` 6 5950 7401 7400 7401 IT 7411 7410 7411 7410- 7400 7421 7420 7421 ilz 7440 7931 7430 7431 61y0 6 ISPO 5Ap RON @M 62nd Avenue Plaza LLC 7160 SW 62 "d Avenue South Miami, Florida 33143 HAND DELIVERED January 18, 2011 City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Letter of Intent - Application for Interim Parking Permit This letter is written in connection with the application for approval of an interim parking permit for the property located at 7150 -7160 SW 62nd Avenue pursuant to LDC Section 20- 4.4(J). The property consists of approximately 50,000 square feet located on the west side of SW 621,11 Avenue just north of Sunset Drive. The property has been approved for development of a 6- story, mixed -use building with adjacent parking garage. Construction of the project has been temporarily postponed due to the negative economic conditions. In anticipation that the economy will improve soon, we have applied for a building permit and paid the City a permit application fee in the amount of $15,150.00. The economic conditions of which everyone is aware, which forced a delay in construction of the project, has had severe negative impact on the property owner. Delay significantly increases the cost of development at the same time as economic conditions have pushed property values and potential rents downward. Economic news is promising of late, and there are signs of recovery. With recovery, the owner will be able to proceed with development of the property. In the meantime, operation of the parking lot on the property supplies a minimal softening of the economic hardship that exists. The property, located right around the corner from City Hall, has been openly operated as a parking lot for many years both before and since the present owner's acquisition of the property. The City has received a fee and issued a permit for a parking lot each year, including the current fiscal year that ends September 30, 2011. The lot has been operated all those years substantially in accordance with the requirements of Section 20 -4.40) pertaining to interim parking lots. Furthermore, with the payment of $2,500.00 to the City made for retroactive fees simultaneously with the submittal of this application, the City has been paid 150% of all fees required for an interim parking permit for the full five years we have owned the property, Letter of Intent January 18, 2011 Page 2 of 4 After having observed and approved of the lot for more that a dozen years, and more than five years after the owner purchased the property with the operating lot in place, the City now seeks to require that the lot be improved to comply with LAC Section 20- 4.4(E). The imposition of this requirement on the subject property would place a substantial economic burden on the owner and result in a substantial negative impact on the parking situation in the neighborhood around the property. Considering that the parking lot use is likely to be in place only a short while, the cost to install improvements required for a commercial parking lot will exceed any income the lot could generate. The effect of imposing that requirement will be closure of the lot. The availability of parking on this property is a valuable asset to the neighborhood. The lot provides reasonably priced parking for students as well as employees of, and visitors to, local medical and other offices. The imposition of the requirement to improve the parking lot with paving, landscaping, etc., would eliminate that amenity. This would be a loss to both the City and the owner. There will be no offsetting benefit to the City from the elimination of the parking lot and the loss of needed parking space caused by imposing the Section 20- 4.4(E) requirements on this property. There is no detriment to health and safety in its present condition. In fact, LDC Section 20.4.4(j) provides for operation of parking lots just like this without the improvements normally required of commercial parking lots. This parking lot has always been operated in substantial compliance with that Code section (please see the attached addendum regarding the conditions required in 20- 4.4(j)(6) and the property's compliance therewith). I respectfully submit that allowing the parking lot on this property to continue operation by approval of the application will be a winning result for everyone. Sincerely, 62nd AVENUE PLAZA LLC L. Richard Mattaway Lefler of Inteni January 18, 2011 Pogo 3 of 3 ADDENDUM TO LETTER OF INTENT 7150-7160 SW 62nd AVENUE LDC Section 20- 4.4(J): (6) Requirement: Provide safe access to and from the site without damage to existing sidewalks or curbs through an improved, safe driveway access. Compliance: There are two existing curb cuts entering the public right -of -way on SW 62nd Avenue. H. Requirement: Secure any damaged area in such a fashion that will prevent pedestrian or vehicular access to such area and shall be repaired within two (2) weeks of the occurrence of the damage. Compliance: There is no present damage to the sidewalk or other portions of the public right -of -way. iii. Requirement: Provide a ten -foot wide level surface area along those portions of the property which abut a public right -of- way, where sidewalks are not available, to accommodate the safe and unobstructed passage of pedestrians. The City may allow a reduction in the width if the City determines that safety concerns are otherwise met. Compliance: A six foot wide sidewalk exists across the entire frontage of the property along SW 62nd Avenue providing safe and unobstructed pedestrian passage. iv. Requirement: Provide a parking lot surface that is level and suitable for the quantity and frequency of traffic expected to Leger of Intent )onuory 18, 2011 Page d of A use it, free of tripping hazards and without potential safety hazards. Compliance: The property is graded level and is well maintained. V. Requirement: Maintain the parking lot in good condition and avoid conditions indicative of a public nuisance, which shall include, but not be limited to, the following: erosion problems, potholes, silting of streets, dust, overgrowth and accumulation of litter and debris. Compliance: The property has been well maintained and no conditions exist that create a public nuisance. vi. Requirement: Keep the parking lot free from litter, as that term is defined by chapter 13A -2 of the City Code of Ordinances. Compliance: The property has always been well maintained and kept free of litter and will continue to be. -ZONING REGULATIONS 20 -4.4 (c) Off -site parking spaces shall, be on land held in common ownership with the lot on which the principal use will exist under a unity of title insuring that the required parking will be provided. If at any time off -site parking ceases to be under the same ownership or control as the principal use or ceases to be used for parking for the principal use, the certificate of use and occupancy for the principal use shall be subject to revocation by the city manager, after notice and hearing. (3) Parking shall be permitted in yard setback areas, except in required front yard setbacks in the RO district. (4) Parking of commercial vehicles of one (1) ton or greater capacity shall not [be) permitted in all RS, RT or RM districts. (5) Parking structures shall not be located within required yard setback. areas. (6) No off - street parking space shall be located within ten (10) feet of any street curb or so as to permit any portion of a parked vehicle to extend across a property line. (Ord. No. 9 -99 -1683, § 4, 5 -4 -99; Ord. No. 11 -03 -1795, § 1, 6 -3 -03; Ord, No. 31 -09 -2023, § 1, 12 -8-09) (G) Reserved, (ii) Reserved. (I) Valet Parking shall be allowed pursuant to the following conditions: (1) A valet parking operation that makes use of public property shall comply with Section 15 C, as amended from,time to time, of the South Miami Code of Ordinances, entitled "Valet Parking Permits for use of Public Property ". (2) Stacked parking spaces shall not be counted toward the parking requirement for any use. (3) Valet parking shall not make use of off -site parking located adjacent to residential property and/or RO zoned property. (4) In no case shall vehicle stacking or double parking be permitted on public rights -of- way or public streets. (Ord. No. 9 -99 -1683, § 4, 5 -4 -99; Ord. No. 3"6 -1901, § 1, 12- 19 -06; Ord. No. 48 -08 -1983; § 1, •:8- 21 -08) (J) Xnterim Parking Permit. In SR, MO and TODD zoning districts, due to the limited land avdilable tor parfun& Interim parking may be permitted by four (4) affirmative votes of the city commission, subject to the following criteria: (1) A site plan demonstrating all physical aspects of the operation must be submitted and approved by the City. (2) Permits for each lot may be issued for interim parking on private or public property for a period not to exceed six (6) months and ntay be renewed every six (6) months. Stipp. No. 13 96 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE (3) A permit fee of two hundred fifty dollars ($"250.00) shall be required in addition to the special use application fee. (4) The lot shall be restored to its original condition, by the permittee, upon the expiration, or cancellation, of the Interim Parking permit. (5) Ace ess to the parking lot shall be secured when the lot is not in use. (6) Interim parking lots are not required to comply with the South Miami Land Development Code requirements related to parking lot landscaping, paving, or drainage; however, they shall: i. Provide safe access to and from the site without damage to existing sidewalks or curbs through an improved, safe driveway access. ii. Secure any damaged area in such a fashion that will prevent pedestrian or vehicular access to such area and shall be repaired within two (2) weeks of the occurrence of the damage. iii. Provide a ten -foot wide level surface area along those portions of the property which, abut a public right -of -way, where sidewalks are not available, to accom- modate the safe and unobstructed passage of pedestrians. The City may allow a reduction in the width if the City determines that safety concerns are otherwise met. iv. Provide a parking lot surface that is level and suitable for the quantity and frequency of traffic expected to use it, free of tripping hazards and without potential safety hazards. V. Maintain the parking lot in good condition and avoid conditions indicative of a public nuisance, which shall include, but not be limited to, the following; erosion problems, potholes, silting of streets, dust, overgrowth and accumulation of litter and debris. vi. Keep the parking lot free from litter, as that term is defined by chapter 13A -2 of the-City Code of Ordinances. (7) The City shall assess the impact of the Interim parking request on the surrounding road network. The City may impose reasonable requirements and conditions, includ- ing a traffic study if necessary, to the Interim parking permit to ensure the continued compatibility with the surrounding, road network. (8) interim Parking lots shall provide parking for disabled persons in accordance with all applicable law. (9) Parking fees for Interim parking are permitted and a proposed fee schedule must be submitted with the application for Interim parking permit. (10) All signage must be in accordance with the portable commercial parking lot sign regulations, as found in Section 20 -4.3. fI'he next page is 96.2.11 Supp, No. 13 96 OTIiER REGULATIONS 20 -4.4 (11) All attendants must be well- groomed and wear easily identifiable uniforms. All attendants shall wear on their uniform a name tag identifying employee`s name at all times. (12) Attendants shall not station themselves upon the public right -of -way for the purpose of actively attracting customers or for any other purpose which results in an interruption to pedestrian and vehicular traffic flow. (13) The City may require'the operator to hire off -duty police officers. (14) The Interim Event parking permit maybe revoked by the City Manager upon a finding that the use is not incompliance with the LDC or is causing a public nuisance. (Ord. No. 9 -99 -1683, § 4, 5 -4.99) �(Ii) Procedures for Special Parking Permit. Special parking permits may be approved, disapproved, or approved with conditions by the affirmative vote of four (4) members of the city commission. Special parking permit procedures shall follow those procedures established for special use permits as set forth in Section 20- 5:8(B) through (F), and shall follow those procedures for public hearings set forth in general in Sections 20 -5.1 through 20 -5.6. (Ord, No. 9 -99 -1683, § 4, 5 -4-99) Editor's note —The above, entitled. "Procedures for Special Parking Permit" was moved from section 20- 4.4().. (L) Parking Fees Prohibited Generally; Exceptions. (1) No parking fees, charges or other remuneration slia]) be charged for the use of any or all off-street parking spaces as may be required by this Code, except as provided in this Section. • ,(2) Nothing in this paragraph shall be construed to affect any parking fees, charges or other remuneration for publicly -owned parking spaces. 3) Commercial .Parking Lots shall be considered as any parking lot or structure which provides parking spaces for a fee, charge or other remuneration and shall be permitted in the SR, MO, GR, PI and TODD zoning districts pursuant to the following conditions: (a) The use shall not be the principal use and shall serve only as an accessory use. (b) The use shall have a current South Miami occupational license. (c) The use shall not be subject to the regulations contained in Sections 20- 3.6(I)(3)- (5), relating to accessory structure or use'setbacks and location, but shall be required to comply with the remainder of 20- 301), Section 20 -4.4, Section 20 -4.5 and all other applicable regulations of the South Miami Land Development Code. (d) For a given parcel on which a commercial parking lot is located, no commercial parking lot shall charge a fee or other remuneration for the code required parking spaces which serve that parcel's principal use(s). (e) For the purpose of Commercial Parking Lots only, the parking spaces required by this Code for a given use shall not be considered as required during that use's non- business hours. Supp. No, 5 96.2.1 20 -4.4 SOUTH MIAMI LAND DEVELOPMENT CODE rl t (f) A.report must -be submitted annually that.moludes the following: i. Reserved. ii. Property owner consent iii. An acknowledgement of notification of the commercial useof the parking to the tenants in the affected building(s) ivc A survey showing the current condition or site plapIfloor plan demonstrating all physical aspects of the operation including, but not limited to, the following: location of licensed uses, number of parking spaces, commercial parking lot area, landscaping, location and elevation of signage and points of ingress /egress v. List of licensed uses, including hours of operation, located on the subject ' parcel(s) vi. Calculations demonstrating the gross floor area tra (gfa) of on -site buildings, the gfa of on -site uses. viii. Any additional information required by the city, (g) All attendants must be well - groomed and wear easily identifiable-uniforms. All attendants shall wear on their uniform a riame tag identif3 ing employee's name at all times. (h) Attendants shall not station themselves upon the public right -of -way for the purpose of actively attracting customers or for any other purpose which results in an interruption to pedestrian and vehicular traffic flow. (i) All signage must comply with Section 20 -4.3 of the LDC. (j) The City may require the operator to hire off -duty police officers. (k) The parking lot shall be kept free from litter, as that term is defined by chapter 13A -2 of the City Code of Ordinances. (t) The Commercial' Parking tot occupational license may be revoked by the City Manager upon a finding that the use is not in compliance with the LDC or is causing a public nuisance. (5) Special Euents. Parking Permit, In SR, MO and TODD zoning districts, due to the limited land available for parking and the short term duration and single occurrence of many events, Special Event parking may be permitted by the City Manager, subject to the following criteria (a). Asite plan demonstrating all physical aspects of the operation must be submitted an_ appxoved, by the Ciiy ___ (b) Permits for each lot may be issued for Special Event parking on private or public property.for a period not.to exceed 15 days and.may.be renewed once, for an additional 15 days.,. „ (c) An application fee of $150.00 is required. The application fee may be waived at r the sole discretion of the City Commission. supp. No. 5 96.2.2 RE'SOLYITIQI 53 -05 -12032 A RESOLUTION OF THE 1VIAYOR AND CITY COiVLl2tSSION OF THE CITY of SOUTH iNnApH, FLORIDA, RELATING TO A REQUEST PURSUANT TO SECTION 20- 8.9(B) OF THE LAND DEVELOPWI N'T CODE FOR A SPECIAL EXCEPTION APPROVAL TO LOCATE A LARGE SCALE DEVELOPMENT USE (SIX STORY ly=D USE MEDICAL OFFICE / RETAIL) BUILDING AT 7150 -7160 SW 62n4 AVENUE IN THE "TODD (MU -5) ", TRANSIT ORIENTED DEVELOPNIENT DISTRICT (MMD USE 5): PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Application No. PB -05 -005 was submitted to the Planning and Zoning Department by the Richard Brandon Co., said application requesting approval to construct a large scale development on property in a TODD zoning district located at 7150 -7160 SiiT 62n1 Avenue; and VVMREAS, the purpose of the special exception request is to permit the development of a six story medical arts building with retail space to be constricted on a 1.31 acre site; and A; REAS, the proposed development is located in a "TODD (Mir -5) ", Transit Oriented Development District (A ixed -Use 5) Use District; and Land Development Code Section 20- 8.9(B) requires that any project on a site larger than 40,000 square feet in aTODD zoning district is considered a large scale development and must be reviewed by the Planning Board /City Commission via the special use permit process; and WHEREAS, after review and consideration, the Planning Department recommended approval of the application with conditions; and WHEREAS, on January 25, 2005, after a Public bearing regarding the proposed special exception application , the Planning Board recommended approval with specific conditions by a vote of (5 -1); and WBEREAS, the City Commission desires to accept the recommendation of the Planning Board and enact the aforesaid resolution. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR. AND CITY COIvJlvMION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. That the subject application submitted by the Richard Brandon Co., requesting approval to construct a large scale development (on a site larger than 40,000 sq,fi.) on property in a TODD zoning district located at 7150 -7160 SW 62nd Avenue is hereby approved subject to the following conditions: (1) The exit driveway should be limited to right turn only. (2) The rear setback area of the garage shall be screened from the abutting residential building by placement of trees and landscaping. A landscape plan for this area must be submitted to and approved by the Planning Department, prior to the issuance of a building permit. (3) The developer must submit to the City a plan for the art work which will be exhibited in the Pg. 2 of Res. No, 53 -05 -12032 plaza, This plan must be submitted to and approved by the Planning Department prior to the issuance of a building permit. (4) If the public plaza is located abutting a vehicle access drive, a barrier of concrete bollards and landscaping must be installed as a protective screen. (5) Allow access to be maintained for the north building's waste pick -up. (6) Adequate landscaping be provided along the west edge, and canopy trees and a water feature be provided in the plaza area, (7) Garage be adjusted in order to provide more space for landscaping. (8) The applicant shall utilize the parking plan during construction which has been unproved by Yho Planning Denartment. Seeiion 2, This resolution sball be effective immediately after the adoption hereof. PASSED AND ADOPTED this 19'a, day of April, 2005. ATTEST: APPROVED-. C K �D"R READ AND APPROVED AS TO FORM: ATTORNEY i4; r A R Fj Commission Vote: MayorRussell: Vice Mayor Palmer Commissioner Wiscombe: Commissioner Birts- Cooper Commissioner Sherm: E:1Comm Items\20M- 1.45 \FB - 05.005 Special Exception Resoluticn.doc 4 -1 Yea Yea Yea Yea Nay r s , CITY OF SOUTH MIAMI Planning Board Regular Meeting Minutes Tuesday, February 22, 2011 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 7:36 P.M. The Pledge of Allegiance was recited in unison. II. Roll Call Action: Mrs. Yates requested a roll call. Board members present constituting a quorum: Mrs. Beckman, Mr. Cruz, Mrs. Young, Mrs. Yates, Mr. Morton, Mr. Farfan and Mr. Whitman. Board members absent: None. City staff present: Mrs. Lourdes Cabrera - Hernandez (Acting PIanning Director), Sanford A. Youkilis (Planning and Zoning Consultant), and Mr. Marcus Lightfoot (Permit Facilitator). City Attorney: Mr. Laurence Feingold III. Planning Board Applications /Public Hearings PB -11 -008 Applicant: 62 Avenue Plaza LLC Location: 7150 -7160 SW 62 Avenue A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 204.4(.1) of the Land Development Code for Special Use Approval to locate an Interim Parking lot at 7150 -7160 SW 62 Avenue within the "'TODD (MU -5)" Transit Oriented Development District (Mixed Use 5) Zoning District; and providing an effective date. Action: Mr. Farfan read the item into the record. Planning Board Meeting Minutes Excerpt February 22, 2011 Page 2 of I I Mr. Youkilis gave a description as to why this item is before the Planning Board for review. He stated that the rear and sides of the properties in question are currently operating as a commercial parking lot, which is considered to be an interim parking lot because a majority of the area where the parking lot is located consists of grassy areas. Pursuant to Section 20- 4.4(J) of the Land Development Code, a special use permit is required for the operation of an interim parking lot, which is good for six months that can be renewed. The property has been used in this capacity as far back as the 1980's. However, the legislation that is in the Land Development Code now states that a commercial parking lot must include the following items: landscaping, a solid surface with paving and drainage, lighting and striped parking stalls. Because of these requirements, interim parking lots are rarely seen in the City of South Miami except on a temporary basis. Mr. Youldlis stated that about a year ago, the City's Code Enforcement Department performed a study regarding the status of buildings in the City that have a commercial parking lot. This study was performed in order to ensure that the parking areas shown were being used by the tenants of those building. It was through this study that it was found that the parking lot at this location was currently in operation. Mr. Youkilis then pointed out that because it is the location of a future building that was approved in 2005 which has not commenced, the parking lot does not have permanent status as a commercial parking lot. The applicant was directed to have the lot approved as an interim parking lot as part of an agreement made by the City. What is important though is that this special use application has to be reviewed to see if it is compatible with the surrounding properties. When reviewing this application, Mr. Youkilis said, there was a concern because of the potential for contamination to the ground soil due to the parking of several vehicles over the course of at least fifteen (15) years. Mr. Youkilis then stated that it is the position of the Planning and Zoning Department that the applicant is made to convert this area into a permanent parking lot that complies with the Land Development Code. Because of this, Staff recommended denial for this item. Mrs. Yates asked the members of the Planning Board if they have any comments before she opens up the public hearing section.of the item. No comments were heard from the Planning Board at this time. The Chair opened the Public Hearing. NAME ADDRESS SUPPORT /OPPOSE PROTECT Rick Mattaway 7150 -60 SW 62nd Avenue Support Mr. Mattaway, speaking on behalf of 62 Avenue Plaza LLC, stated that he has issues with the conclusions that City. Staff have ascertained. In the staff report, there are four observations, which include the fact that this use was considered to be an illegal use since 1996, however it has been in operation since the 1980's which means that this use would be considered to be nonconforming and should be allowed to continue. Mr. Mattaway then stated that for the last 14- 15 years, a permit with the City has been applied and paid for to operate a commercial parking lot, including the current fiscal year. Also, in that timeframe, there has only been one complaint on record from a citizen that stated that this parking lot might be causing an environmental issue, Planning Board Meeting Minutes Excerpt February 22, 2011 Page 3 of 1 I which was resolved in favor of the parking lot because it was allowed to continue to operate. Not once in this timeframe since then has there been any complaint until the recent notice that this parking lot has to operate as per the current regulations listed in the Land Development Code. Mr. Mattaway addressed the comment that was made regarding the lack of progress on construction of the building that was proposed for this property. Mr. Mattaway stated that the comments made were true, and that work on the building had not started as of yet. Mr. Mattaway then gave a brief synopsis as to why this project was delayed. He stated that the property was purchased in 2005 by 62 Avenue Plaza LLC, after which a building permit was applied for, processed and ready to be issued in 2006. While the building permit was being processed, Mr. Mattaway said, we began to market the project by advertising the building as medical office condominiums and over 70 %.of the building space was contracted. As a result of the falsely optimistic construction boom, in 2007 construction costs increased to the point that we could no longer afford to build the building and sell the space for what we had anticipated, so we had to step back and reassess the situation. Now that the economy is improving, we have taken steps to reactivate the building permit and will eventually begin. construction on the building. If this concern came up years ago, it would have been economically feasible. With the standards of today, measures needed to convert this property into a commercial parking lot are economically unreasonable. Mr. Mattaway addressed the concern regarding contamination of the soil. Mr. Mattaway stated that his company commissioned an environmental study, from which he read an excerpt from. Mr. Mattaway then read the following statement, "This assessment has revealed no evidence of recognized environmental conditions in connection with the subject property. Therefore, it would not appear any further environmental investigation is warranted at this time." Mr. Mattaway then stated that this estimate was performed in 2005 after twenty -five (25) years of using the property as a parking lot. Mr. Mattaway then stated his opinion that staff has exaggerated the amount of cars parked on the property. Staff has stated that around 150 cars are parked on the lot, whereas in reality, around 80 cars are parked. Even though there is a large amount cars parked on the lot, it is still lower than what city staff is estimating. Mr. Mattaway then stated that a majority of the parking on his lot comes from students that attend Ross University in the adjacent building as well as individuals that work in the area. Yes, cars are parked on grass, and vehicles can have the tendency to leak oil and other fluids, but if were leaked onto paved areas, the fluid would eventually drain into the stormwater areas, whereas if leaked onto compacted soil,, the fluid would eventually dissipate into the ground. Mr. Mattaway encouraged Mrs. Baker, the Code Enforcement Manager, to contact DERM so that she could discuss this parking lot as well as parking lots in general, and what DERM said was that there aren't any issues pertaining to this parking lot. The only concern that DERM has, Mr. Mattaway said, was the issue pertaining to runoff stormwater into the aquifer, and since there aren't any well fields in the neighborhood, DERM feels that there isn't a problem. After the storms that carne through South Miami, there weren't any complaints from the area pertaining to the property being flooded or the flooding of adjacent properties. Because of this, the property is not an environmental hazard. Mr. Mattaway's last comment was regarding the length of time issued to interim parking lots. He stated that Mr. Youkilis is correct, 62 Avenue Plaza LLC would have to come back to the City Planning Board Meeting Minutes Excerpt February 22, 2011 Page 4 of I I after six (6) months to apply for a new interim parking lot permit, of which the City could deny. However, as indicated in the letter of intent, this parking lot complies with all regulations listed in the Land Development Code for interim parking lots. Finally, Mr. Mattaway stated the purpose for interim parking lots. He feels that if there is a piece of property that is on the verge of being developed .and it's not economically feasible to improve it, it could serve a public purpose by providing a temporary area for parking. Mr. Mattaway closed by asking the Planning Board to recommend approval of the application for an interim parking lot. Mrs. Yates asked a question to staff regarding their recommendation for denial. She asked that if the application is denied, does staff have any recommendations for how they could go about obtaining a different permit. Mr. Youkilis answered the question by stating that the applicant has the option of creating a commercial parking lot. They do have a license for a commercial parking, which is why Code Enforcement began their investigation. In order for them to renew their occupational license, they would have to comply with conditions listed in the Land Development Code for commercial parking lots. Mr. Morton questioned the type of permits issued to 62 Avenue Plaza LLC for this property. Mr. Youkilis answered by stating that they've been issued licenses for a commercial parking lot for several years. Mr. Morton stated that they've been given a license for an illegal use of which Mr. Youkilis agreed. Mrs. Yates continued with the Public Remarks section of the item. NAME ADDRESS SUPPORT /OPPOSE PROJECT Sidney Coffer 7150 -60 SW 62W Avenue Support Mr. Coffer stated that he is the manager of the property located at 7150 -60 SW 62 "d Avenue. Mr. Coffer stated that he has operated the parking lot for a number of years and is the individual who has been obtaining the occupational license for a number of years as well. This lot supplies parking for business in the area with limited space. In regards to the environmental concerns, Mr. Sidney Coffer maintains the parking lot daily. Mr. Coffer doesn't understand what the issue as to why the parking lot could be denied. Mr. Cruz asked Mr. Coffer about his length of employment. Mr. Coffer responded that he has managed the parking lot for many years. Mr. Cruz then asked if he worked for the previous owners, of which Mr. Coffer stated yes. Mr. Cruz asked if the property was always a parking lot, of which Mr. Coffer stated yes. Lastly, Mr. Cruz asked if he was the person who would go to the city to get the license, of which Mr. Coffer stated yes. _ Mr. Whitman asked Mr. Coffer if he has ever lived at the site. Mr. Coffer stated that he has spent a large amount of time at the property. Planning Board Meeting Minutes Excerpt February 22, 2011 Page 5 of 11 Lastly, Mr. Whitman asked if Mr. Coffer ever operated a carwash at the site. Mr. Coffer stated yes. NAME Sharon McCain ADDRESS SUPPORT /OPPOSE PROJECT Oppose Ms. McCain is disturbed that she has to come and speak up here whenever Mr. Mattaway is here to defend something related to parking. It wasn't too long ago, that we had a parking issue at his parking garage downtown. It is rare that the Planning Department ask for denial. They are required to make certain provisions for an interim parking lot of which the applicant is experiencing an economic hardship. Ms. McCain stated that she met with the applicant and his partner where it was mentioned that the applicant's partner owns several restaurants. Ms. McCain then questioned what would have to be done to convert the property into an interim parking lot. Mr. Youkilis stated that at this time, it is considered to be an interim parking lot. Ms. McCain then asked what would have to be done to convert the parking lot into a commercial parking lot. Mr. Youkilis stated that the parking lot would have to be paved solid, striped, and have landscaping, irrigation and lighting installed. Ms. McCain stated that every commercial establishment has a parking requirement. She then questioned the location of Ross University and the reason for all of the vehicles parking on the lot. Ms. McCain then asked which business is not meeting their parking requirement. Ms. McCain then asked issued monthly parking details are being issued? Mr. Youkilis stated that Ross University is located at 7000 SW 62 "d Avenue. Ms. McCain stated that if there is a university located at 7000 SW 62nd Avenue, what are the parking requirements for a university? She then stated that she is going to perform an investigation of Ross University. Lastly, Ms. McCain stated that there is an illegal carwash on the property. In closing, Ms. McCain felt that this item should be denied. NAME ADDRESS SUPPORT /OPPOSE PROJECT Cal Rosenbaum 6101 SW 72nd Street Support Mr. Rosenbaum stated that there is a tremendous parking issue in South Miami. When an office building rents space, it does not necessarily mean that there is a university. It is considered to be an office. The students come to train at the hospitals and medical offices in the area. If you ask if they are going to build on the property, that is a valid question. Mr. Rosenbaum stated that the application should be approved with the amendment I believe that you should consider an amendment to the application that there is a maximum limitation of no more than 36 months. There has to be a place to park. Mr. Rosenbaum stated that the City is fortunate to have office buildings that have been sold out or rented, and there are parking regulations in effect. He then stated that the City should look at the Masonic temple. This property has never complied with the Land Development Code. When they entered into a lease several years ago with the South Miami Surgical Center, they expanded the parking lot over the weekend so that they could collect a monthly rent on a 10 year lease, which was approved by the previous building director. This is considered to be a commercial Planning Board Meeting Minutes Excerpt February 22, 2011 Page 6 of 11 parking lot. It's not being used by the Masonic temple, its not landscaped, lit, or have installed irrigation. Mr. Rosenbaum stated again that this application should have a time limit, either it be a year that could be renewed for two (2) more one (1) year periods or a maximum of 36 months. Mr. Rosenbaum also stated that Mr. Mattaway shouldn't have a problem with lighting the area at night to provide additional security to its patrons. Lastly, Mr. Rosenbaum stated that he doesn't want the city to create hardships on everyone that would force them to spend money because the City needs revenue. The people that are in business need to stay in business. NAME ADDRESS SUPPORT /OPPOSE PROJECT James Black Support Mr. Black began to enlighten the Planning Board with a story of his career with the City of Miami. Mr. Feingold then asked Mr. Black what his occupation was and if Mr. Black was being paid to speak at the meeting. At the same time, Mrs. Beckman also asked Mr. Black if he was a lobbyist. Mr. Black stated that he is a realtor and not a lobbyist. Mr. Black stated that it appears that there has been no change to the parking ordinance. Then, after several years, Code Enforcement takes a looks at the Land Development Code and decides that this parking lot is an illegal or non - conforming use. The city should have a level of flexibility and be fair to the people that need to rectify any issues. The Chair closed the public hearing. Mr. Whitman stated that he is familiar with this property, and that both Mr. Black and Mr. Mattaway stated that this was a discovery that Code Enforcement stumbled upon, which is not true. Mr. Whitman read an email that he sent to Julian Perez, former director of Planning and Zoning Department regarding the parking lot and Ross University. Mr. Whitman then read the response prepared by both the Planning and Zoning and Finance Departments regarding this topic. Mr. Whitman stated that the statements provided by the Planning and Zoning and Finance Departments are true. He then said that the previous owners of the parking lot had a large amount of influence on the City, so much in fact that his comments about this parking lot went unheard. Mr. Whitman then asked Mr. Youkilis how this item could be ignored by the City. A substandard lot was allowed to operate for several years while in violation of the Land Development Code, and when residents raised questioned pertaining to the property, they were lied to or mislead. Mr. Whitman then stated that he hopes that these types of issue do not continue. Mr. Mattaway stated that he was not aware of the emails that Mr. Whitman read. When the property was purchased in 2005, the parking lot continued to operate with a permit issued every Planning Board Meeting Minutes Excerpt February 22, 2011 Page 7 of I I year. However, now that we are on the verge of building on the property, it is economically infeasible to convert the property to a commercial parking lot. Mr. Mattaway stated that his company did not issue the license for Ross University, or create shortages of parking in other buildings. In fact, the parking lot is helping to accommodate these individuals, but will be lost when the building is built. In the meantime, the parking lot is a benefit to the City. Mr. Cruz asked Mr. Mattaway if he thought that they were going to break ground on the building. Mr. Mattaway stated that their intentions were to develop the property and build the building. Cruz asked Mr. Mattaway if he paid the city to reinstate the building permit. Mr. Mattaway stated that his company has already paid $15,000 to renew the building permit, and that it is already in the process. At this moment it is being reviewed by the Miami -Dade Water and Sewer Department. Cruz asked Mr. Mattaway if he has a permit to operate the parking lot. Mr. Mattaway said yes. His company has a permit to operate the parking lot until September 30, 2011. Mr. Cruz then asked staff if the operation of the parking lot can be stopped prior to the expiration of the occupational license permit. Mr. Youkilis responded by saying that his question should be answered by the City's legal department. Mr. Cruz then asked if Mr. Mattaway was going to start construction before the current license expires. Mr. Mattaway responded that he doesn't think. Construction most likely won't commence for another 12 -18 months because the economy is starting to pick up, and we are in the beginning phases of leasing out space in the building. Mr. Cruz stated that the building permit fee of $15,000 was paid to the City. Where in the process are the plans now. Mr. Mattaway stated, again that they are in the Miami -Dade Water and Sewer Department. Mr. Cruz asked the City Attorney if the parking lot can be shut down prior to the license expiring on September 30, 2011, Mr. Feingold stated that the City's position on this item is that the parking lot is operating illegally and that equitable estoppel does not apply in this situation where the law is broken. Mr. Cruz asked if the stated that the City does have the ability to down the parking lot. Mr. Feingold then stated that it's the city's position that the parking lot is operating illegally. The fact that a license is issued does not change the status from illegal to legal. Mrs. Young asked the City Attorney if the length of time made any difference, of which Mr. Feingold stated no. Mrs. Young read the following portion from the second page of the staff report aloud, "During the past six years the applicant advised that the property has been used substantially as an interim parking lot. The City has no record of any request or application to allow this site as an Interim Parking Lot " She then asked how the City could have no record after six years. Mr. Youkilis responded that there is no record of a request or application has come before the Planning Board. Mr. Cruz asked Mr. Mattaway if the parking lot sits on two (2) parcels of land. Mr. Mattaway responded that before 2005, the property consisted of two (2) parcels of land. However, when his Planning Board Meeting Minutes Excerpt February 22, 2011 Page 8 of 11' company purchased the Iand in 2005, a Unity of Title was filed, combining the property into one parcel. Mrs. Beckman stated Mr. Mattaway had to pay a settlement agreement of $2,500, where the City and its taxpayers lost $70,000 over the past five (5) years. Citizens have complained that this property was operating as an illegal parking lot for at least fifteen (15) years. Mrs. Beckman stated that she is going to make everything right by denying the application. Mr. Feingold stated that he is not aware of a fine that cost $70,000. He was only aware of the $4,750 fine that was settled for $2,500. Mr. Feingold then stated that the property is still in violation, and that he will meet with Mrs. Beckman to investigate where the $70,000 fine came from. Mr. Mattaway responded to Mrs. Beckman's comment regarding several complaints on the property by stating that the city has a file on this property that only contains a newspaper article from 1992. Mr. Cruz asked staff if this is the only parking lot in the city where this issue is occurring.. Mr. Youkilis responded by stating yes. Mr. Cruz then stated that at the end of the day Mr. Mattaway is going to build a building, maybe the Planning Board could accommodate him for a small amount of time. Maybe the Planning Board could give him a set amount of time, after which he would have to start construction on his building. Mr. Youkilis responded that the Planning Board does not allow for any changes to the timeframe for interim parking lot. The timeframe is strictly set at six (6) months but could be renewed. Mrs. Yates questioned stated that the interim use of the lot is in fact waiting on a building to be built. Therefore, it should be tied to the building permit for the building. An interim parking lot isn't going to work. At the end of the day, if it is running as a commercial parking lot, then it should be converted into a commercial parking lot. Mrs. Yates then asked if site plans are given a certain tirne to expire. Mr. Youkilis responded that Mr. Mattaway's special exceptions to build his building in 2005; there wasn't an expiration date on special exceptions. That has since changed. Now, a property that receives a special exception has one year to commence construction. If not, the special exceptions and the site plan will expire. Why Code Enforcement didn't cite the property cannot be explained, but staff is trying to correct the situation. Mr. Cruz asked if Mr. Mattaway submitted a new building permit for review, how is it that he is able to remain under the old review system. His special exceptions should expire. Mr. Youkilis responded that the building permit process and zoning approval process are two separate entities. At the time when Mr. Mattaway received approval for his special exceptions, there weren't any regulations in effect that required a deadline to commence construction, it runs in perpetuity. Mr. Cruz asked if the Florida Building Code changes, nothing can effect the zoning approval. Mrs. Cabrera - Hernandez stated that if the Florida Building Code changes, the special exceptions that Mr. Mattaway got approval for are still exempt from expiration. Planning Board Meeting Minutes Excerpt February 22, 2011 Page 9 of I 1 Mr. Mattaway stated that this is probably why the interim parking lot has a deadline of six months to operate then it has to be revisited. We had no idea that we needed a license other than what was issued. The city approved our license and we operated the parking lot. Mr. Cruz stated that the Planning Board has reviewed several permits for you over the course of six months. Mr. Mattaway responded that this is the first time that he has applied for an interim parking lot. 62 Avenue Plaza LLC has a license to operate a commercial parking lot. That is what we applied for, and that is what the City approved. Mr. Cruz asked Mr. Mattaway if the parking lot meets the requirements for a commercial parking lot, of which Mr. Mattaway stated no. Mr. Cruz then stated that the parking lot meets the requirements for an interim parking lot. Mr. Mattaway stated that his company never looked into what steps needed to be taken to convert the lot into a commercial parking lot because there was a permit already in place that the city renewed annually. 62 Avenue Plaza LLC purchased the property with the intent to develop it. Mrs. Beckman asked if Mr. Mattaway was paying quarterly taxes on the business, were receipts given to the patrons of the parking lot, and if there are any records of this that could be shown to the Planning Board. Mr. Mattaway stated that taxes aren't paid quarterly, they are paid annually. Also, we pay taxes on all properties that we own. Mr. Mattaway stated that I have records for the income of the parking lot. Mr. Cruz stated that you cannot say you have a commercial parking lot when the property doesn't meet the requirements of a commercial parking lot, and not be surprised when staff notifies you that it could be turned into an interim parking lot, that is the City's way of trying to help you. Staff could have simply made you convert the lot into a commercial parking lot. Mr. Mattaway stated that staff isn't helping me when they recommend denial of the application. Mr. Whitman read a second email into the record from Julian Perez, former planning director. Mr. Mattaway stated that we operated the parking lot the way that we thought we were committed to operate. We weren't told until now that we weren't permitted to operate the parking lot. We are asking under the current circumstances if we could operate as an interim parking lot. Mr. Cruz asked Mr. Mattaway if the idea to apply for an interim parking lot permit was your idea or the idea of the City. Mr. Mattaway responded that he found the section of the Land Development Code regarding interim parking lots, and asked to apply for the permit. Additionally, Mr. Feingold stated that the previous owner paid the license, and their appeared to be a licensed parking lot when you look at the application. Mr. Mattaway bought the property with an existing license that had been paid for years. When it was found out by Code Enforcement, they began issuing fines to the property. In response to being fined, Mr. Mattaway has submitted an application for an interim parking lot. Mrs. Young asked when the fine from Code Enforcement was paid. Mr. Feingold responded that the fine was paid earlier in the year, perhaps in the last 6 -7 weeks. Mrs. Young then asked why Planning Board Meeting Minutes Excerpt February 22, 2011 Page 10 of I I the fine was reduced, of which Mr. Feingold stated that it was reduced to avoid litigation. Mrs. Cabrera - Hernandez then quoted an email from Carmen Baker that the fine of $2,500 was pain on January 18, 2011. Mrs. McCain stated that Mr. Mattaway mentioned that construction will commence in eighteen (18) months. She then stated that "Newton's Law of Fitness" is a new business that will be going into the building located at 7150 SW 62nd Avenue. Mrs. McCain then clarified that, at a previous City Commission meeting, Vice -Mayor Newman questioned who gave Mr. Feingold the approval to negotiate the fine from Mrs. Carmen Baker, Code Enforcement Manager, which was calculated out to be $70,000. Last, Mrs. McCain stated that things just need to be done right. Mr. Feingold, asked staff if they were aware of a $70,000 fine from Code enforcement. Both Mr. Youkilis and Mrs. Cabrera - Hernandez responded no. Mrs. Young stated that quoted the letter from Mrs. Baker. In the letter it asked by an employee of how much was the original fine was for the license violation, was it reduced to $2,500, who reduced the fine, and was the fine paid. Mrs. Young then stated that even employees have questions about what the Planning Board is trying to approve tonight. Mrs. Yates thanked staff for the email from Mrs. Baker, but it doesn't shed any light on the situation. Mr. Feingold stated that the fine was originally $4,372.90. The fine was reduced by the city to $2,500 after two meetings were held. Also, it was concluded at those meetings that the fine could be settled for the past, but not for the future. That is why this item is before the Planning Board. If you would like to defer the item so that I could research the topic and find out where the $70,000 came from, that would be acceptable. Mrs. Beckman stated that it was clearly said at the Commission Meeting. She then said that it probably is lost taxes on the property. Mrs. Yates if it was run as a business, Mr. Feingold, if Mr. Mattaway built the building, the City would receive a larger amount of tax than what they pay now. Mr. Mattaway stated that $70,000 in taxes are paid on the property now. Mr. Cruz asked if the taxes paid are on an unimproved property or on a commercial parking lot. Mr. Mattaway stated that the taxes are paid on the property itself, two one -story buildings and the land. Mr. Mattaway clarified that it is true that this building will be occupied by a fitness studio. The lease that was signed states that twelve months of operation, but if we decide to commence construction and terminate the lease before the twelve months is up, 62 Avenue Plaza LLC has to pay a penalty to the owner of Newton's Law of Fitness. Planning Board Meeting Minutes Excerpt February 22, 2011 Page 11 of 11 Motion: Mr. Farfan moved to deny the application. Mrs. Yates seconded the motion Vote: 4 Ayes 3 Nays (Mr. Morton Mr. Cruz and Mrs. Yates) IV, Adjournment: Actions There being no further business before the Board, Mrs. Yates adjourned the Planning Board meeting at 10:54 p.m. LCH /,MWL Z:\PB \PB Minutes\2011 Minutes \2- 22- 201 1\PB Minutes Excerpt for PB -11 -008 - 2 -22 -11 - Draft.doc South Miami Rli•Amti080V . 1'r 2001 To: Honorable Chair & Date: February 22, 2011 Planning Board Members Prom: Thomas J. Vageline Director �y� Rea Special Use Application Planning and Zoning Department U9 ' Interim Parking Lot 7150 SW 62 Avenue PB -11 -008 Applicant: 62 Avenue Plaza LLC Location: 7150 -7160 SW 62 Avenue A Resolution of the Mayor and City Commission of the City of South Miami, relating to a request pursuant to Section 20 -4A(J) of the Land Development Code for Special Use Approval to locate an Interim Parking lot at 7150 -7160 SW 62 Avenue within the "TODD (MU -5)" Transit Oriented Development District (Mixed Use 5) Zoning District; and providing an effective date. APPLICANT'S REQUEST Pursuant to Section 20- 4.4(J) of the Land Development Code (LDC) the applicants, 62 Avenue Plaza, LLC, are requesting Special Use Approval to operate an Interim Parking Lot at 7150- 7160 SW 62 Avenue. The parking lot is currently used as a commercial parking lot and is located behind two one story office buildings which face SW 62 Avenue and is zoned TODD (MU -5). The site consists of two parcels containing approximately 50,000 square feet which are joined by a unity of title. INTERIM PARKING LOT The special use application is required because the existing parking lot does not meet the requirements of an off - street parking lot, including commercial parking lots, which require landscaping, paving, drainage, and lighting. An interim parking lot is essentially a temporary use which can be approved for a period of time not to exceed six months (renewable). It is permitted in SR, MO and TODD zoning districts and generally used as part of a construction program or where redevelopment is expected on the property which is the parking lot. The Interim Parking Permit legislation which allows for an interim parking lot was adopted in 1994 (see Sec. 20- 4,4(7) attached). HIS ORY OF SITE In April, 2005 the subject property was approved for construction of a six story mixed use (medical office/ retail) building containing 80,000 sq. ft. of office and 7,800 sq. ft. of retail space and an adjacent parking garage. The approval was made by the City Commission via Resolution No.53- 05- 12032, which included a special exception approval because the site exceeded 40,000 square feet. The applicant in his letter of intent states that economic conditions have prohibited 7150 SW 62 Ave... Special use approval February 22, 2011 construction of the building. During the past six years the applicant advised that the property has been used substantially as an interim parking lot. The City has no record of any request or application to allow this site as an interim Parking Lot. The City's Code Enforcement Division has been reviewing the status and condition of off street parking lots and facilities city wide. It was discovered in 2010 that a Commercial Parking Lot was licensed to operate at this location, however, the lot did meet the required construction standards for off - street parking. Following notice by Code Enforcement the applicant agreed to file the special use application so that the interim parking lot usage can continue until the approved building can be built. It is important to note that the Department's file on this property contains memos and newspaper articles dating back to 1996 indicating that at that time, under different ownership, the site did not meet City standards for parking lots. SPECIAL CONDTITONS APPLICABLE' The overall purpose of going through the special use process is to determine the compatibility of the proposed use with the surrounding neighborhood. A special use must comply with the conditions set forth in Section 20- 5.8(B)(1) in that the use: a) Will not adversely affect the health or safety of persons residing or working in the vicinity of the proposed use; b) Will not be detrimental to the public welfare or property or improvements in the neighborhood; and, c) Complies with all other applicable Code provisions. STAFF OBSERVATIONS (1) The continued use of the site as a temporary parking lot without special approval was illegal in 1996 and continues to be an illegal use. (2) The development order (special exception resolution) for the proposed mixed use building was issued in 2005 and no progress on construction of the new building is evident. (3) There is a legitimate concern that the parking of 130 -150 cars per day on the grass area over the last 16 years may have contaminated the soil and ground area of the site. (4) An interim parking permit is only valid for six months and can be renewed every six months. The applicant should be willing to convert the temporary parking use to a permanent parking lot which is required of all commercial parking lots. RECOMMENDATION It is recor vended that the requested special use approval for the interim parking permit and interim parking tot at this location should be denied. 7150 SIV 62 Ave... Special Ilse approval February 22, 2011 Attachments: Application Location Map Letter of Intent LDC Section 20.4.4@) Interim Parking Permit LDC Section (L)(3) Commercial Parking lots Resolution No.53- 05- 12032, Public notices Public notices Survey Site Plan VV/SAY X:1P8\P9 Agendas StaffRcponst2011 Agendas Staff Reportsti2.22 -t I \PB- 11.008 Spccial Inc Parking Pemtit,7150 SW 62 Av.doc Published Daily except Saturday, Sunday and Legnfloidays Miami. Mlami -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 Revlaw f /Ida Miami Review, a dally (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of adverlisement, being a Legal Advertisement of Notice In the matter of CITY OF SOUTH MIAMI - PUBLIC HEARING - FEB. 22, 2011 ITEM: PS -11 -006, ETC, in the XXXX Court, was published In said newspaper in the Issues of 02/11/2011 Afffant further says that the said Miami Daily Business Review Is a newspaper published at Miami In said Mlami•Dade County, Florida and, that the said newspaper has heretofore been continuously published In said Miaml•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.. /g Sworn to and subscribed before me this 11 day of FEBRUARY , A.D. 2011 (SEAL} V. PEREZ personally known to me tiSkSrv��, B.THONd',3 , AE' ,_ C6mmission # pD837532 �pirasNovemb6r2,ota VG TI CC•FPLJX&f r .t l.C,(Etc_ mho "Yq F i. g COa�rA',�S' C'�LA6d51' ONG AND °'Oit,`i0NQ 02PARTUL0097 SOUTH MIAMI, FL(nRODAM43 PHONE (3051693 =632e; rAX #: (3051) 663.7366 On Tuesday, February 22, 2011 at 7:30 P.M., the City of South Miami Planning Board will conduct public hearings In the City Commission Chambers Strips above address on the following Items: PS-11-008 Applicant: 62Avenue Plaza LLC Localfon:7150- 7160SW62Avenuo A Resolufton of the MaYorand City Cantmlaalen of the City of South Miami, relating to a request pursuant to Section 20.4.4(J) of the Land Development Code for Special Use Approval to locate an Interim Periling tot at 7160+7160 SW 62 Avenue within the "TODD Zoning District; providing$ a effective District (Mixed Use S) e date t t Appiiccnd Cltyof South Miamf An Ordinance of the Mayor and City Commission of the City of South Miami, Florida, amending the Land Development Code Setoflon 20.2 -3 entitled "Definitions" .In order to modify the definition oft "Story" to clearly Indicate that a story occupied by useable square footage and /or parking spaces is considered a single story for the purpose of determining height of a building; providing far severobllity; providing for ordinances in conflict; and providing an effective date. 8.11.010 Applicant: CltyofSOUlh Miami An Ordinance of the.Mayor and City Commission of the City of South Miami, Plaids, amending the Land Development Code In order to update certain references and terminology Including the deletion of references to the South Florida Building Code; clarifying references to Miaml-Dade County, deleting references to the Florida Health and. Rehabllitaflve Services;, and .clarifying references to the Environmental Review and Preservation Board; providing for sevembility; providing forordinances In conflict; and providing an effective date. Pis - 11011 'Applicant Cllyof S$Ullt Miami An Ordinance of the Mayor and City Commission of the City of South Miami,' Florida, amending the Land Development Code In order to set forth standards and requirements for off- street loading by creating Section 204.4 (N) entitled "Off- Street Loading .Requirements" providing forsevembilily; providing for ordinances In conflict; and providing an effective date. ' Alt Interested palsies are urged to attend. Objections or expressions of approval may be made in pemon at the hearing or flied in writing prior to or enthe hearing. The Planning Board reserves the right to recommend to the City Commission whatever the board considers In the best Interest forth$ area Involved. interested parties requesting Information are asked to contact the Planning and Zoning Department by calling 305.,663.6326 onvdting to the address indicated above. Yov ere hereby advised that if any person desires to appeal any decision made with respect to any matter considered at this meeting or hearing, such Parson wilt need a record of the proceedings, and for such purpose may need to ensure that a verbatim record of me proceedings is made, which redordbu tudes the testimonyand evidence upon which the appeal is to be based (`.S. 266.0105), Refer to hearing number when making any inquiry, 1 i1- 5.11g/1649524M ZZI an -IHURSt7AY, FEBRUARY 17, 2011 SE CITY OF SOUTH RRIA N Planning and Zoni yDepariment' 673tl Sunset Drive; South Miami, Florida 33143 Phone: (305) 663.6326, Pax A: (305) 668.7356 On 7uasday, Februsnd '21t, 2011 at 712D AM.,,iha City of South Miami Planning Booed will Cenduct public hearings In the City Cofnmb emn Chambers at the above address on the following Hems: Applioant:62AVanue Plaza LlC. Location-, 7160 -716D SW 62AVentie Atesoluiion ofthe Mayorand Cfty'Commission of ibaCityof South Miami, Totaling 10 a request pursuant to Section 29.4,4(4) of the Land,pavelopment Code for Special ties Appiovai to locate an interim Parking fat at 7160.7160 SW 62 AVamto within the " TODD {Alp•5}" Transit oriented Development District (Mixed use 6) Zoningpisteicf; providing an effective date.. PS -11-0119 .- Appligaaf: CHy of South Miami An Ordinancs of the Mayor and Silly Commission of the City of South Pdfami, Florida, amending the Land Development Code Section 20•8 -3 entitled "DeffniHoirs" In order to modify the, definition or "Story" to clearly indlnate that a story oeauptad by useabfa square footage and /or parking spaces is considered a single story for the purpose of determining height of a building; providing for severabilihj; providing far ordinances In 0011111011; and providing an effective date. Pp•1 -gig Applicant: City of South Miami , An Ordinance of the Mayor and City Commission of the City of South tdfam11, Florida, amending the Land Development Code In order to updafa coolant references and terminology. including the doRon Of refemncas to the South Florida Building Cods; clarifying tolerances to MiomFDade County; deleting references is the Florida Health and Rehabilitative Services; and clarifying references to the Envimnmenlal RBeiew and Preservation Board; providing for savarsbiltiy; providing for ordinances in conflict; and providing an effective date. 8.11 -till . Applicant: City of South Miami An Ordinance of the Mayor and City Commission of the Cify-of South Need, Florida, amending the land Develapmsnt Dada in order to set forth standards and requirements for off -skeet loading by creating 3ectlon 20 -4.4 (M).entpled "Off- Street Leading Requirements" providing for souerabli$y; providing for )rdnances In conf im; and providing an effective date. M Werested parfim aro urged fo eaend. Objections or expressions of apprdral maY bs m ode in pardon at 0o headng a filed In rvrianP pr: ar to or t the headng .Thepranning Board rasorvas 0e4ghtto recommend to the city eammraw wdateuer theboardeansrdms in me but brurestfor to area 619*od. Interested paNee, requeseng tatormadunale asked to mmact the ftanning and Zowmg eepartmontbyea l-ag 305.868 -a$28 rwdgdg to Me add=indtceud above, SKETCH OF BOUNDARY AND TOPOGRAPHY SURVEY 6 rL. PARKING GARAGE tr a POE 0 ow n PA, w EA$EMFNT TO ORB 5160 PG — _ _ — w ; .-- .. --------------------------------- _ L9 O AI M: RB 3 PG. 511 AWARY SEWER EASEMENT o ASP EG PAVEMENT o ° „.^"'" - -- SAN-- 5570�P E6R7$PARCElM2 bTFfi ° p M.H' i .. SML— _ —��.. 6' O.G. FENCE M.N. ,R 9 ti 0.20' rill ro a z �� o nz <2 ASPHALT ny oo a ¢ PAVEMENT 1OP"� m SAN. w� M.H. o i 6LR ' CIR. OgfY % \il 00' PD. R'cHAR i 3' CONCd WAkL GU C. RTIFI D TO: LEGEND: n t 62W AYENUE PLA7A UZ, A PLOWOA UNTIED W61UP! COMPAM' ASPH m ASPHALT 1 GIBRALTAR BANK C.B. CATCH BASIN SELOFF & SCHWARTZ CONC . CONCRETE pG, CHICAGO TITLE INSURANCE COMPANY DDESC ,°, � PTION E. o FD FOUND �.. IP IRON PIPE »w AN m MMANS= m� N &O s NAIL DISK oa R PROPERTY UNE S. REGIBTEREO LAND SURV k No. o to m 4e m SINK = IOUTHH SCALE: 7 INCH = 2D FEE, WD O by ......• INDICATES EASEMENT UNES NT TO FLORIDA Pc $g� PS..222.L79d.. 985 PG. 170 NOV. r MGRE /E�G� PARCE OSA�. :yflLL. 'EMENT J ..... _ ._ _...LAND SURVEYORS •• •• • •� • ` .. • •• FLORIDA CERTIFICATE OF AUTHORIZATION No. LB -273 620 N.E. 126 ST. NORTH MIAMI, FLORIDA 33161 FS: 509 PG. (2 &3) DATE: DEC. 20. 2004 ORDER No. 13645 SCALE: 1' = 20' �S.W, w U z -_ 69th rn I _STREET y � f ri FD. RLS N &D 507 Rl5 907 N &6 'EhN'E- WOHYLCNDHNN'- __.._. -''--''-- -- y ... >.: 35.00'{ y W (ti PREPARED FOR THE RICHARD BRANDON COMPANY .°j POLE -_� ° !° ^1 'W wil 25, TOWNSHIP 54 SOUTH, RANGE 40 FAST, DADE COUNTY. FLORIDA; THENCE RUN Q N NORTH ALONG THE EAST UNE OF SAO SOUTHWEST 1/4 SECTION 25 FOR A °Z m wI DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING 0. o DESCRIBED PARCEL OF LAND, THENCE CONTINUE NORTH ALONG THE EAST UNE N ° OF SAID SOUTHWEST 1 4 OF SND SECTION 25 FOR A DISTANCE OF 208.41 Q SAN M,H2O n '. °Hx-- z 2 & LIGHT W. POINT; THENCE RUN +SOUTH 89 DEGREES 34 MINUTES 20 SECONDS EAST FOR A DISTANCE OF 125,39 FEET TO A POINT; THENCE RUN SOUTH 0 DEGREES 04 1986 MINUTES OD SECONDS WEST FOR A DISTANCE OF 92.98 FEET TO A POINT; THENCE µh � <�vwi 205.00 FEET TO THE POINT OF BEGINNING, LESS THE EASTERLY 35.00 FEE THEREOF. CONTAINING 1.15 ACRES MORE OR LESS - - - .. -- I3SOO' _—�._— __ 3 z 13V Ic y OM/ NT TO FLORIDA Pc $g� PS..222.L79d.. 985 PG. 170 NOV. r MGRE /E�G� PARCE OSA�. :yflLL. 'EMENT J ..... _ ._ _...LAND SURVEYORS •• •• • •� • ` .. • •• FLORIDA CERTIFICATE OF AUTHORIZATION No. LB -273 620 N.E. 126 ST. NORTH MIAMI, FLORIDA 33161 FS: 509 PG. (2 &3) DATE: DEC. 20. 2004 ORDER No. 13645 SCALE: 1' = 20' SURVEYOR'S CERTIFICATION: WE HEREBY CERTIFY THAT THIS SKETCH OF SURVEY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS FD?&2681 RECENTLY SURVEYED AND PLATTED UNDER OUR DIRECTION. AND FND THAT THIS SURVEY COMPUES WITH THE MINIMUM TECHNICAL rp; 6Bt N &D STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA. 35.00, UNDER CHAPTER 61G17 -6 FLORIDA ADMINISIRATNE CODE CHAPTER 472.07 FLORIDA STATUTES, NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ✓�f ow REGISTERED LAND SURVEYOR SHOWN HEREON. FD, N&D STRADDLERS NI ON MANHOLE AT THE l S.E CORNER OF THE S.W. 1/4 SECTON 25 -5a -q0 TH UNE S.W. 1L4 SECTION 25 -54 -40 PY. 72nd STREET e INSET DRIVE A.R. TOUSSAAIIIN- -T & ASSOCIATES. INC. W. A19ERi R TOVSSAINT REGISTERED ENGINEER N0, 8838 RECISTERED LAND SURVEYOR NO. 907 STATE OF FLORIDA - 20' RICHARD BRANDON COMPANY. BOUNDARY SURVEY I zs4s I 1 OF 1 S.£, 714, S.W. 114 OF 5£07/ON 25 -54-10 SQRyFYOR'S NOTE (1) BEARINGS SHOWN HEREON ARE OBTAINED FROM THE OWNER FURNISHED LEGAL DESCRIPTION OF THE PROPERTY. (2) LEGAL DESCRIPTION AS SHOWN IN OFFICIAL RECORD BOOK 11147, PAGES 1314 & 1315 LOCATION MAP SCALE: 1" 200' y W (ti PREPARED FOR THE RICHARD BRANDON COMPANY .°j -_� LEGAL DESCRIPTION ^1 'W COMMENCE AT THE SOUTHEAST CORNER OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 54 SOUTH, RANGE 40 FAST, DADE COUNTY. FLORIDA; THENCE RUN Q N NORTH ALONG THE EAST UNE OF SAO SOUTHWEST 1/4 SECTION 25 FOR A Z � DISTANCE OF 200.00 FEET TO THE POINT OF BEGINNING OF THE FOLLOWING 0. o DESCRIBED PARCEL OF LAND, THENCE CONTINUE NORTH ALONG THE EAST UNE N ° OF SAID SOUTHWEST 1 4 OF SND SECTION 25 FOR A DISTANCE OF 208.41 Q z FETE TO A POINT; THENCE RUN SOUTH 69 DEGREES 33 MINUTES 00 SECONDS WEST FOR A DISTANCE OF 330.78 FEET TO A POINT; THENCE RUN SOUTH 0 DEGREES 12 MINUTES 20 SECONDS EAST FOR A DISTANCE OF 115.50 FEET TO A POINT; THENCE RUN +SOUTH 89 DEGREES 34 MINUTES 20 SECONDS EAST FOR A DISTANCE OF 125,39 FEET TO A POINT; THENCE RUN SOUTH 0 DEGREES 04 MINUTES OD SECONDS WEST FOR A DISTANCE OF 92.98 FEET TO A POINT; THENCE +� RUN NORTH 89 DEGREES 31 MINUTES 50 SECONDS EAST FOR A DISTANCE OF 205.00 FEET TO THE POINT OF BEGINNING, LESS THE EASTERLY 35.00 FEE THEREOF. CONTAINING 1.15 ACRES MORE OR LESS SURVEYOR'S CERTIFICATION: WE HEREBY CERTIFY THAT THIS SKETCH OF SURVEY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS FD?&2681 RECENTLY SURVEYED AND PLATTED UNDER OUR DIRECTION. AND FND THAT THIS SURVEY COMPUES WITH THE MINIMUM TECHNICAL rp; 6Bt N &D STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA. 35.00, UNDER CHAPTER 61G17 -6 FLORIDA ADMINISIRATNE CODE CHAPTER 472.07 FLORIDA STATUTES, NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ✓�f ow REGISTERED LAND SURVEYOR SHOWN HEREON. FD, N&D STRADDLERS NI ON MANHOLE AT THE l S.E CORNER OF THE S.W. 1/4 SECTON 25 -5a -q0 TH UNE S.W. 1L4 SECTION 25 -54 -40 PY. 72nd STREET e INSET DRIVE A.R. TOUSSAAIIIN- -T & ASSOCIATES. INC. W. A19ERi R TOVSSAINT REGISTERED ENGINEER N0, 8838 RECISTERED LAND SURVEYOR NO. 907 STATE OF FLORIDA - 20' RICHARD BRANDON COMPANY. BOUNDARY SURVEY I zs4s I 1 OF 1 SQRyFYOR'S NOTE (1) BEARINGS SHOWN HEREON ARE OBTAINED FROM THE OWNER FURNISHED LEGAL DESCRIPTION OF THE PROPERTY. (2) LEGAL DESCRIPTION AS SHOWN IN OFFICIAL RECORD BOOK 11147, PAGES 1314 & 1315 SURVEYOR'S CERTIFICATION: WE HEREBY CERTIFY THAT THIS SKETCH OF SURVEY IS TRUE AND CORRECT TO THE BEST OF OUR KNOWLEDGE AND BELIEF AS FD?&2681 RECENTLY SURVEYED AND PLATTED UNDER OUR DIRECTION. AND FND THAT THIS SURVEY COMPUES WITH THE MINIMUM TECHNICAL rp; 6Bt N &D STANDARDS FOR LAND SURVEYING IN THE STATE OF FLORIDA. 35.00, UNDER CHAPTER 61G17 -6 FLORIDA ADMINISIRATNE CODE CHAPTER 472.07 FLORIDA STATUTES, NOT VALID WITHOUT THE SIGNATURE AND RAISED SEAL OF THE ✓�f ow REGISTERED LAND SURVEYOR SHOWN HEREON. FD, N&D STRADDLERS NI ON MANHOLE AT THE l S.E CORNER OF THE S.W. 1/4 SECTON 25 -5a -q0 TH UNE S.W. 1L4 SECTION 25 -54 -40 PY. 72nd STREET e INSET DRIVE A.R. TOUSSAAIIIN- -T & ASSOCIATES. INC. W. A19ERi R TOVSSAINT REGISTERED ENGINEER N0, 8838 RECISTERED LAND SURVEYOR NO. 907 STATE OF FLORIDA - 20' RICHARD BRANDON COMPANY. BOUNDARY SURVEY I zs4s I 1 OF 1 a .� a. w MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami•Dado County, Florida - STATE OF FLORIDA COUNTY OF MIAMI -DADS: 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 - MARCH 15, 2011 in the XXXX Court, was published In said newspaper In the issues of 03/04/2011 Afffant 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 afflant 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 advertisVent for publication in the said Sworn to and subscribed before me this 04 daayy�of MARCH/ , A.D. 20 (SEAL) V. PEREZ personally known to me f,Y n,�o`r Notary Public Star j' OhaNV H.4dlarme� ql „ Wly Commission E1D793490 ligpteires 0711812612 I,GV,n,e YUrrwr.v,vw.w. -- in the City COmmissfort Chambers „8530; Sunset Drive, to consider the S. Yallawing,itett {s): , _ An Ordidant¢vY ttt@ Mayorand CrCyCOmmissian 6f th¢City of South Miami, FWnda amending {h¢Land Deve)opmentCaiefnordertoset Iv'a m)' iettltePtannfng;0',tulZvpingpli ctoifstperesponsibleGityAd- minislratar to tttalce IItiaF:inferpretatfans of regulations contained in he i andDavetdp ant'COd @and esfab shing an apt al prow; ure, J �tfielY(kng;BeMigti 201 9 etrSiftYaB'Intelpr¢tailon' Providing for Sd,y.e1/aiTdy pa ngforordna c¢s.fnc. liictand providing anet- �e�Yedet¢ a�..rxG. �tb EfheAhni IandnmrrdmmtssronoftheC ityofSouth i .Board Estapllshm¢itt and Yvt'embase Ip 1¢ o {tler to require that one memliatt'; t e a d e licensed tfotil'” qtr by creating v. ANGn Xl, HIStaitCPreseNatfopiRegulaffons, including Section 2041.1 tO be en'}If[ac('Ni &tuna S d6 Pra'sntval'Standards;8n 2 in, tab�entF Ued d(ge',,�gr ahoy of Histonv ites ";: ibn 20 20. 7 1.3 b be entitled °Historio,`Daslgnatian. RSpor{s e, Vonbynagl ct and a moiled ISatidtliono (d,¢signsisSliesdemohio ryn¢g¢cYandvetHbaies of apgropdatenes�S hSec0, 20-f f rrf #a bztei'ti ?m n� as ev suns for the contracrs to eara}ifiotisio}anew h ,tivedale.' Won of the city of Sc br to enter into a conk rises of providing con ep`aliment to assist in )n Evaluafiop and Apr io'total for FY 201 h Ii ii result of a cornf GZ4,34W (COntravtuat Seances) and.ptoVitling an snec•, U hDedate I�,RasoVut(on of the Mayor and Criy,C,Ommission ofice City of South.' Mlartx ,retattngitla tCGuesl purSuantYe Sechon20- 4:4(.I) of the Land; Dedetopuimf Cade for iiiciel Use' Approval to locate ail Mtedtd' Paridj g fot at; ?180.7160 SW, 62 Avenue within the 'TODD (MU -5)^; Trattsd,OriertYedD @tie uptuir nt District (Mixed .Use 5) Zoning District;; sad provding an ejfeouve ,, date . ,4Lt mierestn- _ies. aretnvfledloattes and wiiibeheard. 1=oc6 -f6ue 3m40fomiauon, Please contact ins CityCterk's OHfce ai `^ Meda- M.Menendez.CMG CityCterk Putsuard io feloruia Sfara'Ces 286,0705,.Ih¢ GI[j! hernby ativisesthe pubfic`.� ;, :1.r a.rn annaai anti decision made by this Board,i 17- 3- 72815660606M. 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R 8 2 c o c a o. o E ^° g N`o ° vv t°yy:ZU6c� cmU °° N� b tl m tp] y c¢an- d °.y C =2 -J-M3 O p mo ov m a. da NS mL E=G °om a v`- d8d9 9v2 Mfg op rotiao -c -", N� ¢Egtd��m�¢ v Q02N6V�v« < Q6 0 0 L] CAN ry m CN` N ro ^v LAD ooh - p Na> v oca O O ry 0° O T n °= m O o ge p n m mij t'p n ON« R ma me c ¢ o m o QUQN � a c a a a m 9 m D v a oy °5 8En" 9� arvp� a ° 4 �xfrF 4 Ear 3� $co N �Ci A - e N GS � G N W P d R s �W <0 21- Z ! U i- t` ` O) W LL a O� U Ci U y V U ° V C ✓ o C A ° L a «N c o o H RE pU U UY m� � E � d Nom.. I %c .t Z � P C C`R 3a `�5ryrym dam rwa QaN r q wn.Eca c avn_ d' Ea m 0 D�.vc � ro m v 0 rno° C'b 0 Q b Q Q`m`o `o M. E S. R 8 2 c o c a o. o E ^° g N`o ° vv t°yy:ZU6c� cmU °° N� b tl m tp] y c¢an- d °.y C =2 -J-M3 O p mo ov m a. da NS mL E=G °om a v`- d8d9 9v2 Mfg op rotiao -c -", N� ¢Egtd��m�¢ v Q02N6V�v« < Q6 0 0 L] CAN ry m CN` N ro ^v LAD ooh - p Na> v oca O O ry 0° O T n °= m O o ge p n m mij t'p n ON« R ma me c ¢ o m o QUQN � a c a a a m 9 m D v a oy °5 8En" 9� arvp� a ° 4 �xfrF 4 Ear 3� $co gtlIIYr O� h Y srv" CITY OFSOIITH MIAMI , NOTICE O ,UBL.IC'1LEARING AND DATE CMANGE MIAMI DAILY BUSINESS REVIEW the lowinitem(s): fission cnamoers,otauSUnseeunve,rowua,uo„mc,v,- Published Daily except Saturday, Sunday and Legal Holidays A Resolution of the Mayerand City Commission of the City of South Miami, Miami -Dade County, Florida Miami, relating to a request pursuant to Section 20- 4.4(J) of the,Land "Appgveito Development Cod @'"for Special Use iodate an Interim STATE OF FLORIDA parking tot at 71507160:SW..62 Avenue'wdhin the "TODD (MU-5) COUNTY OF MIAMI -DADE: Transit Oriented Development District.(Mixed Use 5) Zoning District; and providing an effective date � -'. ^ °' "' Before the undersigned authority personally appeared V. PEREZ, who on oath says that he or she is the >'. o An Ordinance of the Mayor and City Commission of the City pl South Land Development Code to place i6 LEGAL CLERK, Legal Notices of the Miami Daily Business Miami, Florida, amending the one article alt currant regulations perfairiing tohistoric preservationby Review f /Ida Miami Review, a daily (except Saturday, Sunday amending -6:1. (D)(t)(a) entitled "Historic Preservation and Legal Holidays) newspaper, ublished at Miami in Miami -Dade 9 Y) P .Section.20 Board Establishment snd Membership° in older to feouire that one County, Florida; that the attached copy of advertisement, member be a licensed: attorney; and by creating new Article, Xl, being a Legal Advertisement of Notice in the matter of "Historic Preservation Regulations' including Section 20 -11.1 to be entitled .: "Historic Preservation -Slander a'; Section �20 -11.2 to be entitled ".'Designation of Historic Sites'; Section 20 y 1.3 to be entitled CITY OF SOUTH MIAMI "Historic'.: Designation ',Reports "; :Section 20 -11.4 to be entitled "Demolition of designated sites; demolition byneglect and certificates PUBLIC HEARING &DATE CHANGE - APRIL 4,2011 of appropri ateness ; Section 20 -11.5` to ;be entitled Special Provisions.:Applicable to; -. Designated Historic Sites ".:'and making in the XXXX Court, revisions Youpdate current wording and to modity'certain provisions was published in said newspaper in the issues of p related.tp the demoUtwn ;delay peno' d;-and.deleting-frbm the Land Development Code - regulations, pertaining' Yd hist6ric preservation 03125/2011 includin biions 20 -40, 20:4.11;.20517 20.5~18..,20;519'; 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 advertiseme r publication in the said newspaper. 1 ,71 Sworn to and subscribed before me this 25 day of MARCH , A.D. 2017 (SEAL) V. PEREZ personally known to me esv pp - B THC1MAS * GDmmly -0lu i # �ii� 931532 Nn��, xflra n r � irrlbr 2, 2013 'Fa, E"ra12U ,'-aYMan MAwailk'tl U6iJae6B018 A Ordinance < South Miami, A Resolution of the Mayor and Cih Miami, Florida, authorizing the Cit agreement with PropertyRoom.co municipal property; andProviding ft A Resolution.of the Mayor and Cih effective date. A Resolution of the Mayor and City Commission of the City of South. Miami, - Florida, authorizin g "the 'City - 'Manager to execute a multi - annual service agreement with MacMillan OiLCompany of Florida, Inc, for tfie purchase and delivery of bulk fuel gasoline and diesel for the Qtys; vehicle fleet and'egmpmerit in the, amount of $110,111.00 to be charged to Departmental Fuel Aoc6unt Numbers 001-1320-513-5230, 061 -1340 513 -5230 001-1640-524-5230, 001- 1910 -521 -5230 and 001-2000,572-,52.30; providinglJor an effective date. ALL interested parties are invited to attend and will be heard. For further inforrrfation please contact the City Clerks Office -at: 305-66316640:_3 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 Ro 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. 3/25. - 11- 3- 13011671473M • M 34 E E3��a °E3o'- vnB-c -E. 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