15South Miami
To:
Via:
From:
Date:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor Stoddard aTld Me::f:J0f the City Corrmussion
Hector Mirabile, Ph.D., City Manager (11
Christopher Brimo, AICP • if
Planning Director III 1 Y
December 6, 2011 ITEM NO.J£
SUBJECT
2001
An Ordinance amending Section 20-8.9 of the Land Development Code titled Special Exceptions
within the TODD district, in order to include additional criteria for defining large scale
developments; providing conditions for review and approval; providing for the expiration and
extension of approvals."
REOUEST
This "draft" proposal was first reviewed by the Planning Board at a public hearing on October 11, 2011,
and at a subsequent public hearing on November 8, 2011. Following comments from the public, Board
and City Attorney, the following proposal was arrived at which is explained below.
Currently Section 20-8.9 of the Land Development Code titled Special Exceptions states the following:
20-8.9 -Special exceptions.
(A) For those existing uses in this district, any alterations or additions to those buildings shall be in
conformance with the provisions of this ordinance, however, existing heights of existing buildings and
floors may remain at current heights and additional floors may be added above in accordance with this
ordinance. Existing gas station uses may be permitted to have a one-time alteration to allow for the
addition of additional floors above.
(B) Any site that is in excess offorty thousand (40,000) square feet shall qualifY for a large scale
development use and must be reviewed by the Planning Board via the special use permit process.
1. Any property to be developed under a large-scale development program and all under single
ownership may have residential uses on thefirstfloor, however, they are notpermitted on thefirstfloor
within that portion of the building or development fronting on the front or main street.
(C) No single use in the T. O.D.D. Zone shall exceed a gross floor area of eighty thousand (80,000)
square feet, except residential uses.
(D) Within the MU-5 subcategory the maximum height of new buildings or additions shall be restricted to
four (4) stories as permitted, or up to eight (8) stories as permitted with bonus; but in no case shall
exceed one hundred (100) feet.
(E) A minimum lot area offive thousand (5,000) square feet shall be required for any of the following
nonresidential uses: Institutional, Public Service, General Commercial Entertainment, Commercial
Recreation, Office, and Recreation/Open Space, Light Industrial.
(F) Where there is no minimum distance between acijacent buildings, nor a minimum building setback
from a property line, one (1) of the first two (2) of the following conditions must be met:
1. If the distance from the exterior wall to the property line is less than five (5) feet, the applicant must
show evidence of a maintenance easementfrom adjacent property ownerM; or
2. The structure shall be built on the property line and the owner shall give an attachment easement to the
adjacent property owner(s}.
3. In no instance shall a roof overhang extend beyond the property line, except in theji-ont of the
building.
As noted in Section 20-8.9(B), the threshold that determines a large scale development is any site that is
in excess of 40,000 square feet.
Although not defined by the City's LDC, site is generally defined as follows:
Any plot or parcel of land or combination of contiguous lots or parcels of land -The New illustrated
Book of Deve10pment Definitions; Harvey S. Moskowitz; 1993.
Since "site" is the only threshold for this determination, any development site less than 40,000 square feet
would not necessarily have to be reviewed under the provisions of Section 20-8.9, regardless of the
structure's gross area. The proposed amendment to this section would addresses the building in addition to
the site. Additionally, the process for review of such projects as stipulated in Section 20-S.9(B) is the
City's "special use permit process". This review process is enumerated in several sections of the Land
Development Code and does not always relate' to developments, but rather is specifically designed for
special uses. As such, staff feels that for the purpose of special exception development review, the
language should be modified and consolidated under Section 20-8.9.
The Following is a Summary of the Proposed Amendments to Section 20-8.9
1. Section (A) is clarification of the language and the removal additional floors over gas
stations.
2. Section (B) adds additional language building square footage in excess of 40,000 square feet
as an additional threshold for development review under this section.
3. Section (B)I. is language that was adopted by the City Commission to be consistent with the
development expiration within other districts. This item was recently added to the Code
books during the supplement 14 update in October 2011. The Planning Board recommended
reducing the time limit for substantial completion from 5 years to 3 years. [City Attorney
comment -The Pla11ning Board recommended a change from 5 to 3 years. Please note that the
Commission adopted the 5-year time limit earlier this year to be consistent with the provision
in the Hometown District which limits the special exception to 5 years. The Planning
Director suggests that the time limit should be consistent in both; either 3-years or 5-years.]
4. Section (B)2. is language added at the recommendation of the Board to define "substantial
completion". This definition a modification of the definition from the American Institute of
Architects -General Conditions ofthe Contract for Construction ..
5. Section (B)3. adds a clarification of "main street".
6. Section (C) uses language taken from Section 20-3.4 of the Land Development Code (LDC),
as it relates to special use pe=.it reviews, and adapts it for development review.
7. Section (C)4. is deleted shlce it is related to those uses granted under special use provisions,
i.e. restaurants, etc. and was not appropriate for development reviews under this section.
8. New Section (C)4. is language typically used when reviewing development projects, and staff
feels it is appropriate in this section.
9. Section (D) is language taken from Section 20-5.8; Special Use Approval, and modified to
specifically address development approvals.
10. The existL'1g section related to the "expiration of approvals" was deleted. In addition, the 18
month expiration of approvals previously recommended by staff at the October meeting was
also removed in light of the change to Section (B)1 (see item 3).
11. Section (E) is language from Section 20-5.8, and was modified to be "reapplication for
development review" rather than for special uses.
12. Sections (F) through (I) is language currently in Section 20-8.9 -Special Exceptions, and was
primarily renumbered with minor amendments to text.
PROPOSED AMENDMENTS
Section 20-8.9 Special exceptions.
(A) A Special Exception as used in the TODD shall mean a permitted use that complies with all the
conditions and standards for the district as well as those set forth below. For those existing uses in this
district, any alterations or additions to those buildings that resnlt in the building being defined as a Large
Scale Development Use ("Large Scale Development"), shaH conform to be iii seRfeFmaRSe witlI the
provisions ofthis ordinance" lIewe'ler,E-existing heights of existing buildings and existing floors may
remain in their current condition, however, at eurreal heiglIts aHd additional floors, if authorized, shall
!RaJ' be added abeve in accordance with this ordinance. Existing gas statieR uses may be l"emHtted te
have a eHe time alteratieR te allew for tlIe additieR ef additieRal fleefS abeve.
(B) Any site that is in excess of forty thousand (40,000) square feet or any development project in which
the gross floor area of its buildings and structures are in excess of forty thousand (40,000) square feet
slIall qualify fof be designated as a Marge ll.scale ;Qdevelopment use;. it shall be -and must be reviewed
by the Planning Board '1ia the sl"eeial <lse l"e!'fl'lit l"fesess and it shall require approval by the City
Commission. The square footage of an alteration or addition to an existing building or structure and the
square footage of the existing building or structure that is being altered or to which an addition is being
proposed shall be included in the computation of the size of the proiect in order to determine ifit is a
Large Scale DevelDpment. Likewise, the square footage of an alteration or addition to an existing site and
the square footage of the existing site that is being altered or to which an addition is being proposed shall
be included in the computation of the size of the project in order to determine ifit is a Large Scale
Development. However, the square footage of an addition or alteration to a building or structure shall not
be included with the square footage of the site, and vice versa, when computing the size of the site or size
of the building or structure in order to determine if it is a Large Scale Development.
I. A special exception, if granted, shall be valid if developmentnew eoootmetieH, as defined in
Section 380.04, Florida Statutes, commences within twenty-four (24) months from the date of final
approval and is substantially completed within five (5) three (3) years ("the Substantial
Completion Period") from the date of issnance of the first building permit. The time for substantial
completion may be extended by the city commission upon application filed prior to the expiration
of the ll."ubstantial Qeompletion El"eriod and upon demonstration of good cause,
2. For the purpose of this Section, Substantial Completion shall mean the stage in the progreSS
of the project where the work on the project or designated portion of an approved phased project
is sufficiently complete in accordance with the Contract Documents so that the O'Nller can occupy
or utilize the project, or designated portion of an approved phased project, for its intended use, or
the project has received either a temporary certificate of occupancy or a certificate of occupancy.
In order to be an "approved phased Droject" the Owner must obtain City COffilPission approval for
the phases of the project.
2,,::i, Any property designated as a 10 be developed urlfler a tne j.)arge-l?scale 12development
wejee! program ::nd altlffider single o',ynership may have residential uses on the first floor;
however, $ey residential uses are not permitted on the first floor within that portion of the
building or development fronting on the ffimt-er-main street. The phrase "main street" means the
thoroughfare that abuts the property line of the building or development and which has the most
traffic, as compared to anv other street that abuts the property.
ee) No single use in tne T.O.D.D. Zone shall e"eeed a gross floor area of eigfity Inousand (80,000)
sqllafe feet, "'lsept residential uses.cq General Requirements. A Large Scale Development be approved
and permitted bv the City Commission at a public hearing, after the planning board makes its
recommendation, provided that such use is §pecifically listed as a permitted use in the appropriate district
column in the Permitted Use Schedule of the Land Development Code (Section 20-3.3D, as may be
amended), and that such use complies with the following general requirements and any other
requirements that the City Commission may consider appropriate and necessary .
.L All such uses shall comply with all requirements established in the appropriate zoning use
district, unless additional or more restrictive requirements are set forth below or by the Ceity
Ceommission.
2. All such uses must be of a compatible and complementary nature with any existing or
planned sunounding uses.
::i, A public hearing shall be held by the Ceitv Ceommission to determine the overall
compatibility of the development with the existing or planned surrounding uses.
4. If during the review process it is determined that the development. as proposed, will potentially
cause adverse impacts, the Planning Department shall recommend remedial measures to eliminate or
reduce, to the extent possible, these impacts. Remedial measures may include, but are not be limited
to:
1. Additional screening or buffering;
11. Additional landscaping:
lll. Building orientation:
iv. Relocation of proposed open space, or alteration of the use of such space;
v. Pedestrian and bicycle safety and access;
v!. Changes to ingress and egress;
vii. Addressing traffic flow to and from the development to avoid intrusion on local
streets in nearby single family residential areas; or
viii. Improvement of the streets adjacent to the project. if applicable.
(Q} Proj ect Approval.
(a) Required Conditions.
Prior to approving a Large Scale Development the City Commission must find that the development
meets the requirements set forth in subsection (q above and that it:
1, Will not adversely affect the health or safety of persons residing or working in the vicinity of
the proposed use;
2. Will not be detrimental to the public welfare, property or improvements in the neighborhood;
and
1, Complies with all other applicable Code provisions.
(b) Additional Conditions.
The Citv Comll'ission may designate such additional requirements ill connection with the approval of a
Large Scale Development as wilL in its opinion, assure that such development will conform to the
foregoing requirements,
(E) Reapplication for Development Review. No reapplication for a Large Scale Daevelopment review
under section 20-8.9 shall be accented by the Ceitv within six (6) months of the date of final disapproval
by the City Commission of a previous application involving the same or substantially the same project,
unless evidence is subrritted and accepted by the City Commission which justifies such reconsideration.
fG)-IP) No single use in the T,O.D.D. Zone shall exceed a gross floor area of eighty thousand (80,000)
square feet. except residential uses.
(Pt@ Within the MU-5 subcategory the maximum height of new buildings or existing building with
additions shall be limited to a maximum offour (4) stories, as permitted, unless the development earns a
bonus as set forth '*'lew in Section 20-8.10. However, in no event shall a development exceed eight (8)
stories, as permitted with bonus, nor shall it exceed one hundred (100) feet.
fEj.an A minimum lot area of five thousand (5,000) square feet shall be required for any of the following
nonresidential uses: Institutional, Public Service, General Commercial Entertainment, Commercial
Recreation, Office, and Recreation/Open Space, Light Industrial.
EF1 ill Where there is no minimum distance between adjacent buildings, nor a minimum building setback
from a property line, one (1) of the first two (2) of the following conditions m.t!St shall be met:
1. If the distance from the exterior wall to the property line is less than five (5) feet, the applicant
must shew evidenee provide the Planning Department with a copy of a maintenance easement
applicable to the adjacent property; or
2. The structure shall be built on the property line and the owner shall give an attachment
easement to the adjacent property owner(s).
3. In no instance shall a roof overhang extend beyond the property line, except in the front ofthe
building.
RECOMMENDATION
Staff recommends that the Commission approve the proposed amendments as presented.
Backup Documeutatiou:
• Draft Ordinance
• Planning Board Minutes
Z:\Comm ltems\2011\12-6-11\Section 20·8.9 Amendments\LDC Amendment_20-8.9 _Special Exception_R~ort 1 1-30-1 l.doc
1 ORDINANCE NO. _____ _
2 An Ordinance amending Section 20-8.9 of the Land Development Code titled Special
3 Exceptions within the TODD district, in order to include additional criteria for defining large
4 scale developments; providing conditions for review and approval; providing for the
5 expiration and extension of approvals.
6
7 WHEREAS, the it is the desire of the Administration to provide a more defined
8 procedure for the review and approval of Large Scale Developments within the City's
9 Transit Oriented Development District (TODD); and
10
11 WHEREAS, the Planning & Zoning Department added additional criteria for what
12 constitutes a Large Scale Development to include the square footage of the proposed
13 structure; and
14
15 WHEREAS, the Planning Board at its October 11, 2011 regular meetings, after a
16 public hearing and public comments, adopted a motion by a vote of 7 ayes, 0 nays
17 recommending that the item be deferred to consider additional language; and
18
19 WHEREAS, the Planning Board at its November 8, 2011 regular meeting after
20 public hearing, adopted a motion by a vote of7 ayes 0 nays recommending approval of the
21 proposed amendment including the changes recommended by the Board, and
22 recommending that the City Commission adopt the proposed amendments; and
23
24 WHEREAS, the City Commission desires to accept the recommendation of the
25 Planning Board and City Administration and enact the aforesaid amendments.
26
27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
29
30
31 Section 1. That Section 20-8.9 titled "Special Exceptions" is hereby amended as follows:
32
33 20-8.9 Special exceptions.
34
35 (A) A Special Exception as used in the TODD shall mean a permitted use that complies with all the
36 conditions and standards for the district as well as those set forth below. For those existing uses in
37 this district, any alterations or additions to those buildings that result in the building being defmed
38 as a Large Scale Development Use ("Large Scale Development"). shall conform to l7e--ffi
39 eenformanee with the provisions of this ordinance" fiewever,E-existing heights of existing
40 buildings and existing floors may remain in their current condition, however, at eHFi'ent fieigl!!s and
41 additional floors, if authorized, shall f!laJ' be added above in accordance with this ordinance.
42 Existing gas statiea uses may be permitted to have a ene time alteration to allow for the addition ef
43 additieool floors abo"".
44
45 (B) Any site that is in excess offorty thousand (40,000) square feet or any development project in
46 which the gross floor area of its buildings and structures are in excess of forty thousand (40,000)
47 square feet shall <j"HaIii:; for be designated as a Llarge ;iscale 12development!iS€l. it shall be-aJ'l<l
48 mllst be reviewed by the Planning Board via the speoial Bse permit precess and it shall require
49 approval by the City Commission. The square footage of an alteration or addition to an existing
~ I
3
4
5
6
7
8
9
10
111
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
2
building or structure and the square footage of the existing building or structure that is being
altered or to which an addition is being proposed shall be included in the computation of the size of
the project in order to detennine if it is a Large Scale Development. Likewise, the square footage
of an alteration or addition to 311 existing site and the square foota!le of the existing site that is
being altered or to which an addition is being proposed shall be included in the compntation of the
size of the project in order to determine if it is a Large Scale Development. However, the square
footage of an addition or alteration to a building or structure shall not be included with the square
footage of the site, and vice versa, when computing the size of the site or size of the building or
structure in order to determine if it is a Large Scale Development.
I, A special exception, if granted, shall be valid if developmentnew eonstruetion, as
defined in Section 380.04, Florida Statutes, commences within twenty-four (24) months
from the date affinal approval and is substantially completed within five (5) three (3) years
!"the Substalltial Completion Period") from the date of issuance of the first building permit.
The time for substalltial completion may be extended by the city commission upon
application filed prior to the expiration of the ~substalltial Qeompletion Ereriod alld upon
demonstration of good cause.
2. For the purpose of this Section, Substantial Completion shall mean the stage in the
progress of the project where the work on the project or designated portion of an approved
phased project is sufficiently complete in accord311ce with the Contract Documents so that
the Owner Call occupy or utilize the project, or designated portion of an approved phased
project, for its intended use, or the project has received either a temporary certificate of
OCCUpallcy or a certificate of occupancy. Iu order to be an "approved phased project" the
Owner must obtain City Commission approval for the phases of the project.
;:'.1, Any property designated as a to be de'feioped lll1der a tfie JJarge-J2scale
12development ~ program. and all.under single ownernffip may have residential uses on
the first floor; however, ~ residential uses are not permitted on the first floor within that
portion of the building or development fronting on the fron! or main street. The phrase
"main street" means the thoroughfare that abuts the property line of the building or
development and which has the most traffic, as compared to any other street that abuts the
property.
(C) No single use in the T.O.D.D. Zone shaH exceed a gross floor area of eigbty thousand (80,000)
square feet, el[Oept residential uses,(C) General Requirements, A Large Scale Development be
approved and permitted by the City Commission at a public hearing, after the planning board
makes its recolTh.-nendation, provided that such use is specifically listed as a permitted use in the
appropriate district coluum in the Permitted Use Schedule of the Land Development Code (Section
20-3.3D, as may be amended), and that such use complies with the following general requirements
and any other requirements that the City Commission may consider appropriate alld necessarY.
L All such uses shall comply with ail requirements established in the appropriate zoning
use district, unless additional or more restrictive requirements are set forth below or by the
Coity Ceommission,
2. All such uses must be of a compatible and cOlTJPlementary nature with ally existing
or planned surrounding uses.
.1, A public hearing shall be held by the Ceity Ceommission to determine the overall
compatibility of the development with the existing or planned surrounding uses,
4, If during the review process it is determined that the development. as proposed, will
potentially cause adverse impacts, the Planning Depmtment shall recommend remedial
3
I measures to eliminate or reduce, to the extent possible, these impacts, Remedial measures may
2 inclnde, but are not be limited to:
3 1. Additional screening or buffering;
4 ii. Additional landscaping;
5 iii, Building orientation;
6 iv, Relocation of proposed open space, or alteration of the use of such space;
7 v, Pedestrian and bicvcle safety and access;
8 vi. Changes to ingress and egress;
9 vii. Addressing traffic flow to and from the development to avoid intrusion on
10 local streets in nearby single family residential areas; or
11 viii. Improvement of the streets adjacent to the project, if applicable,
12
13 ill} Project Approval.
14
15 (a) Required Conditions,
16
17 Prior to approving a Large Scale Development the City Commission must find that the
18 development meets the requirements set forth in subsection (el above and that it:
19 L Will not adversely affect the health or safety of persons residing or working in the
20 vicinity of the proposed use;
21 2, Will not be detrimental to the public welfare, property or improvements in the
22 neighborhood; and
23 lc Complies with all other applicable Code provisions,
24
25 (b) Additional Conditions,
26
27 The City Commission may desigpate such additional requirements in connection with the approval
28 of a Large Scale Development as will, in its ouinion, assure that such development will conform to
29 the foregoing requirements,
30
31 (m Reapplication for Development Review, No reapplication for a Large Scale Ddevelopment
32 review under section 20-8,9 shall be accepted by the Ceity within six (6) months of the date of
33 final disapproval by the Citv Commission of a previous application involving the same or
34 substantially the same project, unless evidence is submitted and accepted by the City Commission
35 which justifies such reconsideration,
36
37 tG1-(F) No single use in the T.O,D.o, Zone shall exceed a grOSS floor area of eighty thousand
38 (80,000) square feet. except residential uses,
39
40 f9:) (Q) Within the MU-5 subcategory the maximum height of new buildings or existing building
41 with additions shall be limited to a maximum of four (4) stories, as permitted, unless the
42 development earns a bonus as set forth be±ew in Section 20-8,.1 0, However, in no event shaH a
43 development exceed eight (8) stories, as permitted with bonus, nor shall it exceed one hundred
44 (100) feet.
45
46 tE1 em A minimum lot area of five thousand (5,000) square feet shall be required for any of the
47 following nonresidential uses: Institutional, Public Service, General Commercial Entertainment,
48 Commercial Recreation, Office, and Recreation/Open Space, Light Industrial.
49
50 EF1 ill Where there is no minimum distance between adjacent buildings, nor a minimum building
51 setback from a property line, one (I) of the first two (2) oflhe following conditions fll±!St shan be
52 met:
53
4
1 i. Ifthe distance from the exterior wall to the property line is less than five (5) feet, the
2 applicant must she" e,<,iaeflee provide the Planning Department with a copy of a
3 maintenance easement applicable to the adjacent property; or
4
5 2. The structure shall be built on the property line and the owner shall give an attachment
6 easement to the adjacent property owner(s).
7
8 3. ill no instance shall a roof overhang extend beyond the property line, except in the front
9 of the building.
10
11 Section 2. If any section, clause, sentence, or phrase of this ordinance is for any reason
12 held invalid or unconstitntional by a court of competent jurisdiction, this holding shall not
13 affect the validity of the remaining portions of this ordinance.
14
15 Section 3. This ordinance shall become effective immediately after enactment.
16
17
18
19 PASSED AND ADOPTED this ____ dayof ____ , 2011.
20
21
22
23 ATTEST:
24
25
26
27 CITY CLERK
28 1 st Reading -
29 2nd Reading -
30
31
32 READ AND APPROVED AS TO FORM
33 AND SUFFICIENCY:
34
35
36
37 Thomas F. Pepe:=:=--______ _
38 CITY ATTORNEY
39
40
41
42
43
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
CITY OF SOUTH MIAMI
PLANNING BOARD .
RegularMeeting Minutes
Tuesday,November8,2011
CityCol111riis~ion Chambers
7:30P;M.
City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection of professional consultants, and
virtually all-legislative, quasi1udicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:37PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mr. Cruz (Vice-Chainnatl), Mrs. Yanoshik, Mrs. Beckman, Mr.
Dundort; Dr. Philips, and Mr. Vitalini
Board Member absent: None
City staff present: Mr. Christopher Brimo (Planning Director), Mr. Marcus Lightfoot (Permit
Facilitator), Ms. Tiffany Hood (Office Support).
City staff absent: Ms. Lourdes Cabrera (Principal Planner)
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
Mr. Brimo presented the Board with Supplement 14 of the Code of Ordinances (Note: Land
Development Code), which included all of the ordinances that were codified from 2010 through
January 2011
IV. Public Hearings
PB-ll-029
Applicant: City of South Miami
An Ordinance amending Section 20-8.9 of the Land Development Code titled Special
Exceptions within the TODD district, in order to include additional criteria for defining
large scale developments; providing additional conditions for review and approval~
providing for the expiration and extension of approvals; and providing an effective date.
Dr. Whitman read the item into the record.
Z:IComm Items\2011112-6-IIIPB Draft Regular Meeting Minutes -II-08-ll.doc
Page i of7
Mr. Brimo presented the item to the Board.
Dr. Philips asked for clarification of the term "substantial completion" which can be found in the
proposed amendment on page 4 of 6.
Mr. Brimo responded that the language used was added to the code in 2010. This language is in
use in both the Hometown and the TODD district. He then stated that projects would be
reviewed in this manner with two years to start and five years to be substantially complete. Last,
Mr. Brimo stated that substantial completion is approximately eighty percent.
Mr. Vitalini stated that architecturally, substantially complete is defined as the building is usable
for the tenant to occupy although it is not one hundred percent complete. Mr. Brimo then stated
that essentially you could then get a temporary certificate of occupancy (TCO). Mr. Vitalini
responded yes.
Mr. Cruz asked for a definition of substantial completion to be included III the Land
Development Code (LDC).
Mrs. Yanoshik stated that the City Commission reduced the time frame from five (5) years to
three (3) years based on the Shops at Sunset Place project.
Mr. Brimo responded that he defer to the Board due to the fact that this issue came before both
the City COllh'11ission and ERPB in 2010. Dr. Whitman stated that this issue was discussed by the
City Commission at length and amended. Mr. Brimo stated that the item being presented mirrors
the Hometown District.
Mrs. Beckman stated that we should substantiate what substantial is, document it III the
ordinance, state the cost, and reason for the extension.
Mr. Brimo stated the revisions to the proposed ordinances.
The Board held a discussion on the proposed item.
Dr. Whitman asked if these changes would be reflected ill the Hometown District. Mr. Brimo
responded yes. Dr. Whitman then stated that special exceptions are not termed as special use
Dr. Philips requested consistency of word usage throughout the proposal. Mr. Pepe restated the
need for consistency throughout the proposal as well.
The Board held a discussion on the proposed ordinance.
Mrs. Beckman asked if there was a project in the City of South Miami that is 40,000 square feet.
Mr. Brimo stated that there presently were no projects in the City. However, should there be any
project that exceeds 40,000 square feet then these processes would be triggered.
The Chairman opened the public bearing:
NAME ADDRESS
Sharon McCain
Z:IComm Itemsl20l 1112-6-1 llPB Draft Regular Meeting Minutes -1l-08-11.doc
SUPPORT/OPPOSE
Support
Page 2 of7
Ms. McCain commented on page 5 of7, Section 4 of the proposal regarding the terminology of
potentially cause adverse impacts. She also stated that she feels that 5 years is too long of a time
frame and should be changed so that it will expire after three (3) years. McCain asked Mr. Brimo
if the ordinances can be more defined. Mr. Brimo responded that the Board can make
recominendations to amend them.
The Chairman dosed the public hearing:
Mrs. Beckman stated that we should define substantial completion.
M(}tion: Mr. Dundorfmotioned to amend page 5 of7, Section 4 of the proposal. He proposed an
amendment to the wording of "potentially cause adverse impacts" and prefers the term "will
likely cause adverse impacts". The motion was not seconded, therefore it dies.
Motion: Mrs. Yanoshik motioned to amend Section 20-8.9(C)( 4)(i) so that it read additional
screening and buffering; with a perpetual maintenance agreement covenant running with the land
and recorded with the Miami-Dade County Clerk of Courts. The motion was seconded by Mrs.
Beckman.
Mr .. Brimo asked Mr. Pepe if it would be constituted with the development agreement or would it
be with development of order. Mr. Pepe responded that it would be a development of order and
include the recommended language elsewhere in the document. Mr. Brimo recommended that
this request be implemented in the required conditions section of the LDC.
The Board held a discussion on the proposed amendments.
Mr. Cruz suggested recommendations.
Dr. Whitman recommended that staff collaborate wit.l} the City Attomey and a paragraph be
inserted in order to implement these amendments. Mr. Brimo then suggested inserting the
paragraph in the required conditions section of the LDC.
Mrs. Yanoshik withdrew her motion to amendment Section 20-8.9(C)(4)(i) so that it is read as
additional screening and buffering; with a perpetual maintenance agreement covenant running
with the land and recorded with the Miami-Dade County Clerk of Court.
Motion: Dr. Philips proposed an amendment that a paragraph be inserted in the LDC with staff
using the appropriate language so that the applicants maintain the remedial measures that have
been agreed upon. The motion was seconded by Dr. Whitman.
Vote: Yes 7, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
Z:\Comm Items\2011\12-6-1 r\PB Draft Regular Meeting Minutes -11-0'8-11.doc
Page 3 of7
Amendments
Motion: Mr. Vitalini motioned to change the allotted time for the completion ofthe project from
5 years to 3 years. The motion was seconded by Mrs. Beckman.
Vote: Yes 7, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
Motion: Dr. Whitman motioned to revise the language in Section 20-8.1 O(G) that "set forth
below" be changed to read "set forth". The motion was seconded by Mr. Cruz.
Vote: Yes 7, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
The Board voted on the proposed ordinance as a whole with the amendments.
Vote: Yes 7, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mr. Vitalini: Yes
Mrs. Yanoshik:Yes
Dr. Philips: Yes
PB-ll-031
Applicant: City of South Miami
An Ordinance amending Section 20-2.3 ofthe Land Development Code titled Definitions in
order to amend the definition of "Day Care Center", replaeing day care with "Child Care"
and Child Care Facility"; provides a reference to the Florida Statute governing these uses;
and providing an effective date.
Mrs. Y anoshik read the item into the record.
Mr. Brimo presented the item to the Board.
Z:IComm ltems\201 1112-6-1 IIPB Draft Regular Meeting Minutes -11-08-11.doc
Page 4 of7
Mr. Brimo stated that the Board recommended that there be changes made to the amendment.
Mr. Dundorf asked staff if this change was made regarding the definition of Day Care Center. He
also asked if this change was limited to only children or would it also include Adult Day Care
Facilities. Mr. Brimo responded that the term "Day Care Center" found in the LDC only refers to
children.
The Chairman opened the public hearing
NAME ADDRESS
Sharon McCain
SUPPORT/OPPOSE
Opposed
Ms. McCain voiced that the allowance for a Child Care Facility of seven (7) or more children
was too broad and thinks that there should be guidelines for the number of children allowed. She
stated that an impact study should be performed. She then stated that this use should be changed
to special use and the allowance of parking is too much for the Child Care Facility. Last, she
stated that there should be a provision for where the playground should be located.
The Chairman closed the public hearing
Amendments
Motion Mr. Dundorf made a motion to change the hours that children can be left at the facility
from 24 hour to 16 hours. The motion was seconded by Mr. Cruz.
Vote: Yes 2. No 4
Mrs. Beckman: No
Mr. Cruz: Yes
Dr. Whitman: No
Mr. Dundorf: Yes
Mrs. Yanoshik: No
Dr. Philips: No
The motion failed due to the vote.
Motion Dr. Whitman motioned to amend the ordinance so that Day Care Facilities would require
special use approval in the Mixed Use Affordable Housing (MUAH) zoning district. The motion
was seconded by Dr. Philips.
Vote: Yes 6. No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
Motion Dr. Whitman motioned to permit hospitals to allow a Day Care Facility on site for the
employees of the hospital. The motion was seconded by Mr. Cruz.
Z:IComm 1temsl20 11112-6-11 WB Draft Regular Meeting Minutes -11-08-11.doc
Page 5 of7
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
Motion Mrs. Yall0shik proposed an amendment to change LO, MO, NR, and SR to special use.
The motion was seconded by Beckman.
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
Motion: Mr. Cruz motioned to change the numbers to letters. The motion was seconded by Mr.
Dundorf.
Mr. Brimo stated that he would look into the numbering of the ordinance. Therefore, this motion
was not voted on.
Motion: Mr. Cruz motioned to modify the ordinance in order to divide Section 4 up in order to
provide a more defined impact statement. The motion was seconded by Dr. Whitma.ll.
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
Motion: Dr. Whitman moved to change Section 4 of the ordinance in order to remove the phrase
"30 or more children." The motion was seconded by Mr. Cruz.
Mr. Dundorf asked Mr. Brimo what the cost would be for a Child Care Facility. Mr. Brimo
responded that it would depend on the finn that was used. It could run anywhere from $1,500 to
several thousands of dollars.
Vote: Yes 5, No 1
Mrs. Beckman: Yes
Mr. Cruz; Yes
Dr. Whitman: Yes
Mr. Dundorf: No
Mrs. Yanoshik: Yes
Z:IComm ltems\2011112-6-IIIPB Draft Regular Meeting Minutes -11-08-ll.doc
Page 6 of7
Dr. Philips: Yes
Motion Mr. Dundorf motioned to strike the parking requirement for a Child Care Facility. There
was no second to this motion therefore the motion failed.
Motion Mr. Cruz made a motion to approve the ordinance as a whole with the amendments. Dr.
Whitman seconded the motion.
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
V. Approval of Minutes:
Planning Board Miimtes of October 11, 2011 -The Board members reviewed the minutes and
were in favor of approval of the minutes with no changes.
Motion: Mr. Cruz motioned for approval of the minutes as presented. Mrs. Beckman seconded
the motion.
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. \Vhitman: Yes
Mr. Dundorf: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
VI. Future Meeting Dates: Tuesday, December 13, 2011
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:54 PM.
Z:IComm Items1201 1112-6-1 IIPB Draft Regular Meeting Minutes -11-08-11.doc
Page 7 of7