1South Miami
To:
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Date:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor Stoddard and M~~/JOf the City Commission
Hector Mirabile, Ph.D" City Manage~ (f
Christopher Brimo, AICP n {f'/
Planning Director V'l
December 6, 2011 ITEM No .. _I"--__ _
SUB.JECT
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;
REQUEST
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, 201 L 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.
(AJ 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 the first floor, however, they are not permitted On the flrst floor
within that portion of the building or development fronting on the front or main street.
(C) No single use in the T.o.DD. 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 pennitted, or up to eight (8) stories as permitted with bonus; but in no case shall
exceed one hundred (100) feet.
(EJ 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 Commercia! Entertainment, Commercial
Recreation, Office, and Recreation/Open Space, Light Industrial.
(F) 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 must be met:
1, If the distance from the exterior waf[ to the property line is less than five (5) feet, the applicant must
show evidence of a maintenance easementfrom adjacent property owner(s); 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 shali a roof overhang extend beyond the property line, except in the Font of the
building
As noted in Section 20-S,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 combfnation of contiguous lots or parceis of land -The New lllustrated
Book of Development 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 tbis section would addresses the building in addition to
the site, Additionally, the process for review of such projects as stipulated in Section 20-8,9(B) is the
City's "special use permit process", Tbis 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 Snmmar! of the Proposed Amendments to Section 20-8.9
L 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 al'l additional threshold for development review under tbis section.
3, Section (B)L is language that was adopted by the City Commission to be consistent with the
development expiration witbin other districts, Tbis item was recently added to the Code
books during the supplement 14 update in October 201 L The Planuing Board recommended
reducing the time limit for substantial completion from 5 years to 3 years, [City Attorney
comment -The Planuing Board recommended a change from 5 to 3 years, Please note that the
Com!nission adopted the 5-year time limit earlier tbis year to be consistent with the provision
in the Hometown District wbich 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". Tbis definition a modification of the defInition from the American Institute of
Arcbitects -General Conditions of the 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 permit reviews, and adapts it tor development review,
7, Section (C)4, is deleted since 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 laxlguage 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 existi11g 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)I (see item 3).
11. Section (E) is langnage from Section 20-5.8, and was modified to be "reapplication for
development review" rather than for special uses.
12. Sections (F) through (1) is langnage currently in Section 20-8.9 -Special Exceptions, and was
primarily renumbered with winor 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 tlus
district, any alterations or additions to those buildings that result in the building being defined as a Large
Scale Development Use ("Large Scale Development"), shail conform to be in ooafo_ee wim the
provisions ofthis ordinance", hovlever,E-existing heights of existing buildings and existing floors may
remain in their current condition, however, at ourroat heights and additional floors, if authorized, shall
may be added abo'.'e in accordance with this ordinance. Eldsting 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 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
~be desigpated as a Llarge .s,ecale Ddevelopment ~, it shall be and must be reviewed
by the Planning Board via the special use pennit process and it shall require approval by the City
Conmussion. 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 pro1ect in order to determine if it is a
Large Scale Development. 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 eonstmetion, 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 issuance of the first building pennit. The time for substantial
completion may be e-rtended by the city commission upon application filed prior to the expiration
of the .s,eubstantial Qeompletion !:period and upon demonstration of good cause.
2. For the purpose of this Section, Substantial Comuletion shall mean the stage in the progress
of the project where the work on the project or desigpated portion of an approved phased project
is sufficiently complete in accordance with the Contract Documents so that the Owner can occupy
or utilize the Rroi ect, or desigpated portion of an approved phased project, for its intended use. or
the Rroject has received either a temPorarY certificate of occupancy or a certificate of occupancy.
In order to be an "approved phased oroject" the Owner must obtain City Co=i'sion approval for
the phases of the project.
;:'.3. Any property designated as a to be developed under a the 1large-Sscale Qdevelopment
~ program and all under single own6fShip may have residential uses on the first floor;
however, they residential uses are not pennitted on the first floor within that por6:on of the
building or development fronting on the front or lP.ain street The phrase "main street" means the
thoroughfare that abuts the propertY line of the building or develooment and which has the most
traffic, as compared to anv other street that abuts the property.
(0) No singie use in the T.O.D.D. Zone shall elweed a gross floor area of eighty thousand (80,000)
square feet, Cll6cpt resiaantial uses/C) General Requirements. A Large Scale Development be approved
and pennitted bv the City Commission at a public hearing. after the planning board makes its
recommendation, provided that such use is :mecifically listed as a pennitted 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.
1, 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 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 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:
vi. Changes to ingress and egress;
Vll. Addressing traffic flow to and from the development to avoid intrusion on local
streets in nearby single family residential areas; or
Vlll. Improvement of the streets adjacent to the project, if applicable.
(Ql Project 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 eC) 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, propertv or improvements in t,r,e neighborhood:
and
,1 Complies with all other applicable Code provisions.
(b) Additional Conditions.
The Citv COnLTission may designate such additional requirements ill cOIDlection with the aporoval of a
Large Scale Development as will in its oninion. assure that such development will conform to the
foregoing requirements.
em Reawlication for Development Review. No reanplication for a Large Scale Deevelopment review
under section 20-8.9 shall be accepted 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 submitted and accepted by the CityCommission which justifies such reconsideration.
t01-(F) 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.
tD1 (0) Within the MU-5 subcategory the maximum height of new buildings or existing building with
additions shall be limited to a maximum of four (4) stories, as permitted, unless the development earns a
bonus as set forth be!Bw in Section 20-8.10. However, in no event shall a development exceed eight (8)
stories, as pennitted with bonus, nor shall it exceed one hundred (100) feet.
tE1 ill} 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.
fF7 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 ffil±S! shall be met:
1. lfthe distance from the exterior wall to the property line is less than five (5) feet, the applicant
must show 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 of the
building.
RECOMMENDATION
Staff recommends that the Commission approve the proposed amendments as presented.
Backup Docnmentation:
• Draft Ordinance
• Planning Board Minutes
Z;\Comlilltems\20 11 \12-6-l1 \Section 20-8.9 Amendments\LDC Amendment_ 20-8.9_ Special Exception _Rep01t 1 1-30-1 l.doc
1 ORDINAi'lCE 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 scaie 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
i i WHEREAS, the Planning & Zoning Department added additional criteria for what
12 constitutes a Large Scale Development to ioclude 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 of 7 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 CA) A Special Exception as used in the TODD shall mean a Dcnnitted 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 tbis 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 confonn to l7e--ffi
39 soaf8l'ffianee 'mth the provisions of tbis ordinance;, howe'fer,E-€xisting heights of existing
40 buildings and existing floors may remain in their current condition, however, at 6Bffent heights and
41 additional floors, if authorized, shall may be added above in accordance with tbis ordinance.
42 Existing gas station uses may be permitted to have a ofte time alteratioft to allow for the additioft of
43 additional floors abO'>'€.
44
45 (B) Any site that is in excess of forty 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 qualify :or be designated as a Llarge ~scale Deevelopment tiSei, it shall be -and
48 must be reviewed by the Planning Board via the speeial use penni! prosess and it shall require
49 approval by the City Commission. The square footage of an alteration or addition to an existing
2
1 building Or structme and the square footage of the existing building or structme that is being
2 altered or to which an addition is being proposed shall be included in the computation of the size of
3 the project in order to detenrillle if it is a Large Scale Development. Likewise, the square footage
4 of an alteration or addition to an existing site and the square footage of the existing site that is
5 being altered or to which an addition is being prooosed shall be included in the computation of the
6 size of the project in order to determine if it is a Large Scale Development. However, the square
7 footage of an addition or alteration to a building or structure shall not be included with the square
8 footage of the site, and vice versa, when computing the size of the site or size of the building or
9 structme in order to determine if it is a Large Scale Develooment.
10
11 1 1. A special exception, if granted, shall be valid if developmentReW-Bonstruetion, as
12 defined in Section 380.04, Florida Statutes, commences within twenty-four (24) months
13 from the date of final approval and is substantially completed within five (5) three (3) years
14 ("the Substantial Completion Period") from the date of issuance of the first building permit.
15 The time for substantial completion may be extended by the city commission upon
16 application filed prior to the expiration of the S,substantial <:,::eompletion f'j3eriod and upon
17 demonstration of good cause.
18
19 2. For the !JW:Pose of this Section, Substantial Completion shall mean the stage in the
20 progress of the oroject where the work on the project or designated portion of an approved
21 phased project is sufficiently complete in accordance with the Contract Documents so that
22 the Owner can occupy or utilize the project, or designated portion of an approved phased
23 project, for its intended use, or the project has received either a temporary certificate of
24 occupa..l1cy or a certificate of occupancy. In order to be an "approved phased project" the
25 Owner must obtain City Commission approval for the phases ofthe project.
26
27 2.1, Any property designated as a to be develoj3ed under a the l.)arge-liscale
28 Ddevelopment!fflliee! program and alt_der single o'V.'flershij? may have residential uses on
29 the first floor; however, they residential uses are not permitted on the first floor within that
30 portion of the building or development fronting on the front Of main street. The phrase
31 "Inain street" means the thoroughfare that abuts the property line of the building or
32 development and which has the most traffic, as compared to any other street that abuts the
33 property.
34
35 (C) No siflgle use in the T.O.D.D. Zone shall exceed a gross floor area of eighty thousand (80,000)
36 square feet, e)[c0j9t residential uses.eC) General Requirements. A Large Scale Development be
37 approved and permitted by the City Commission at a public hearing, after the planning board
38 makes its recommendation, provided that such use is ~ecifical1y listed as a permitted use in the
39 appropriate district column in the Permitted Use Schedule of the Land Development Code (Section
40 20-3.3D, as may be amended), and that such use complies with the following general requirements
41 and anv other requirements that the City Commission may consider appropriate and necessarY.
42
43 1. All such uses shall comply with all reauirements established in the appropriate zoning
44 use district, unless additional or more restrictive requirements are set forth below or by the
45 Ceity Cc-ommission.
46 2. All snch uses must be of a compatible and complementary natme with any existing
47 or planned surrounding uses.
481, A public hearing shall be held by the Ceity Ceommission to determine the overall
49 compatibility of the development with the existing or planned surroundinll uses.
50
51 4. If during the review process it is determined that the development, as proposed, will
52 potentially cause adverse impacts, the Planning Department shall recommend remedial
3
1 measures to eliminate or reduce, to the extent possible, these imnacts, Remedial measures may
2 include, 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 v!, Chfu'lges 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 Ca) 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 (e) 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, propertv or improvements in the
22 neighborhood; and
23 3. 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 opinion, assure that such development will conform to
29 the foregoing requirements.
30
31 eE) Reapplication for Development Review. No reapplication for a Large Scale DElevelopment
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 EG)-CF) No single use in the T,O.D.D. Zone shall exceed a gross floor area of eighty thousand
38 (80,000) square feet. except residential uses.
39
40 f91 fQl Within the MU-5 subcategory the maximum height of new buildings or existing bui1ding
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 ee±ew in Section 20-8..1 O. However, in no event shaB a
43 development exceed eight (8) stories, as permitted with bonus, nor shall it exceed one hundred
44 (100) feet.
45
46 EE1 (H) A minimum lot area of five thousand (5,000) square feet shall be required for any of the
47 following nonresidential nses: Institutional, Public Service, General Commercial Entertainment,
48 Comlnercial Recreation, Office, and Recreation/Open Space, Light Industrial.
49
50 fF) ill Where there is no minimum distance between adjacent buildings, nor a Jl1jnimum building
51 setback from a property line, one (1) of the first two (2) of the following conditions l'ffilfri shall be
52 met:
53
4
1 i. If the distallce from the exterior wall to the property line is less than five (5) feet, the
2 applicant must sho ... evidenee provide the Planning Department with a copy of a
3 maintenfu,ce easement applicable to the adjacent property; or
4
5 2. The strocture 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. In 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 unconstitutional 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 ordinfu,ce shall become effective immediately after enactment.
16
17
18
19 PASSED AND ADOPTED this ____ day of ____ , 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:
Conunissioner Palmer:
Commissioner Beasley:
Commissioner Harris:
CITY OF SOUTH MIAMI
PLA-fiNING BOARD
Regular Meeting Minutes.
Tuesday, November 8, 2011
City CoIlllllission Chambers· .
7:30P.M.
I City of South Miami Ordinance No. 08-06-1876 requires all lobbyists beforeengaging in any lobbying activities I
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 organlzation to influence "City"
action. "City" action is broadly described to include the ranking and selection of professional consultants, and
virtually all-legislative, quasi-judicial and administrative action.
1. 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-Chairman), Mrs. Yanoshik, Mrs. Beckman, Mr.
Dundorf, 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 def:i:ill:ng
large scale developments; providing additionai 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:\Comm Items120 II 112-6·IIIPB Draft Regular Meeting Minutes -II-08-II.doc
Page 1 of7
JllJI. 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. Bri.:mo responded L':lat 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. Bumo stated that substantial completion is approximately eighty percent.
Mr. Vitalini stated that architecturally, substantially complete is def111ed 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 in 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 Commission 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. Beck.'llan stated that we should substantiate what substantial IS, document it 111 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 hearing:
NAME ADDRESS
Sharon McCain
Z;IComm ItemsI2011112·6·IIIPB Draft Regular Meeting Minutes· 11·08·11.doc
SUPPORT/OPPOSE
Support
Page 2 of7
Ms. McCain commented on page 5 of7, Section 4 of the proposal regarding the terminology of
po.ttmtially 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
recommendations to amend them.
The Chairman closed the public hearing:
Mrs. Beckman stated that we should define substantial completion.
MOTIon: 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-S.9(C)(4)(i) so that it read additional
screening and buffering; with a perpetual maintenance agreement covenant mnning with the land
and recorded with the Miami-Dade County Clerk of Courts. The motion was seconded by Mrs.
Beckman.
My. 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. Cmz suggested reconnnendations.
Dr. Whitman recommended that staff collaborate with the City Attorney and a paragraph be
inserted io order to implement these amendments. Mr. Brimo then suggested inserting the
paragraph io 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 main.tenance agreement covenant rumnng
with the land and recorded with the MianJi-Dade County Clerk of Court.
Motion: Dr. Philips proposed an amendment that a paragraph be inserted in the LDC with staff
using the appropriate la.l1guage so that the applicants maintain the remedial measures that have
been agreed upon. The motion was seconded by Dr. Whitmal'1.
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
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Amendments
Motion: Mr. Vitalini motioned to change the allotted time for the completion of the 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 20-8.10(0) 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
MJs. 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-I1-031
Applicant: City of South Miami
An Ordinance amending Section 20-2.3 ofthe Land Development Code titled Dermitions in
order to amend the defmition of "Day Care Center", replacing 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.
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Mr. Brimo stated that the Board recommended that there be changes made to the amendment.
JVf..r. Dnndorf 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 Aduit 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 playgronnd 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. Wnitman 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
ML Dnndorf: 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.
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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. Yanoshik proposed an a!nendment 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. Whitmar1.
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. \Vhitman 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 firm that was used. It could rutl anywhere from $1,500 to
several thousands of dollars.
Vote: Yes 5, No 1
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Wnitman: Yes
lYIr. Dundorf: No
Mrs. Y anoshik: Yes
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Dr. Philips: Yes
Motion Mr. Dundorf motioned to strike the parking requirement for a Child Care Faciiity. 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!)
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mrs. Yanoshik:Yes
Dr. Philips: Yes
V. Approval of Minutes:
Planning Board Minutes 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. Beclanan: Yes
Mr. Cruz:Yes
Dr. Whitman: Yes
Mr. Dmldorf: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
VI. Future Meeting Dates: Tuesday, December 13, 2011
VII. Adjournment: Dr. Whitman adjourned the Plmming Board meeting at 9:54 PM.
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