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CITY OF SOUTH MIAMi
OFFICE OF THE CiTY MANAGER
INTER-OFFICE MEMORANDUM
Tue Honorable Mayor Stoddard and Me~:VOftbe City Commission
Hector Mirabile, Ph.D" City Manager 1'1
Christopher Brimo, AlC? • (f'/
Planning Director V 7
December 6,2011 ITEM No.L
SUBJECT
200'1
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 heating on October II, 2011,
and at a subsequent public heating 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.
(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 of forty thousand (40,000) square feet shall qualify for a large scale
development use and must be reviewed by the PlanningBoard 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 first floor
within that portion of the building or development fronting on thelront or main street.
(C) No single use in the To.D.D. Zone shall exceed a gross floor area of eighty thousand (80,000)
square feet, except residential uses.
(D) Within the AIU-5 subcategory the maximum height of new buildings or additions shall be restdcted to
four (4) stories as permitted, or up to eight (8) stories as permitted with bonus,: but in no case sha!l
exceed one hundred (100) feet.
(E) A minimum lot area of five thousand (5,000) sqv.are feet shall be required for any of the following
nonresidential uses: Institutional, Public Ser;ice, General Commercia! Entertainment, Commercial
Recreation, Office, and Recreation/Open Space, Light Industrial.
(F) Where there is no minimum distance beti'veen adjacent buildings, nor a rrliniJnum 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 ex;terior wall 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 shall a roof overhang extend beyond the property line, except in the Font of the
building.
As noted in. Section 20-8.9(B), the theshold 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 Development Definitions; Harvey S. Moskowitz; 1993.
Sin.ce "site" is the only theshold for this detennination, 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 buildiIlg 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 pennit 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 Snmmary of the Proposed Amendments to Section 20-8.9
I. 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) 1. 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 i 4 update in October 2011. The Planning Board recOII'..mended
reducing the time limit for substantial completion from 5 years to 3 years. [City Attorney
comment -The Planning Board recommended a change from 5 to 3 years. Please note that the
Comn:rission 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 Planoing
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 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 pelTI'it reviews, and adapts it for 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.
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8. New Section (C)4. i.s language typically used when reviewing development projects, and staff
feels it is appropriate in tbis section.
9. Section (D) is language taken from Sectio1120-5.8; Special Use Approval, and modified to
specifically address development approvals.
10. The existing section related to the "eXpiration of approvals" was deleted. In addition, the 18
month expiration of approvals previously recommended by staff at t..1,e October meeting was
also removed in light of th", change to Section (B) 1 (see item 3).
Ii. Section eE) 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 winor amendments to text.
PROPOSED AMENDMENTS
Section 20-8.9 Special exceptions.
(A) A Special Exception as nsed 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 tbose existing uses in tbis
district, any alterations or additions to those buildings that result in the building being defined as a Large
Scale Development Use ("Large Scale Development"), shall conform to be in COnformance "lith the
provisions of tbis ordinance~, however,E-existing heights of existing buildings and existing floors may
remain in their current condition, however, at eurrent heights ana additional floors, if authorized, shall
may be oJaed above in accordance with tbis ordinance. Existing gas station uses may be pernlittea to
have a one time alteration to allow for the aadition of aaditional 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 designated as a IJarge ;?scale 12aevelopment UBe;, it shall be ana must be reviewed
by the Planning Board via the special use pewit process 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 wbich an addition is being
proposed shall be included in the computation of the size of the prolect 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 wbich an addition is being proposed shall
be included in the computation 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.
1. A special exception, if grauted, shall be valid if developmentnew e01'l5traetion, as defmed in
Section 380.04, Florida Statutes, commences within twenty-four (24) months from the date affinal
approval and is substantially completed witbin ffie+51 three (3) years ("the Substantial
Completion Period") from the date of issuance of the first building pennit. The time for substantial
completion may be extended by the city commission upon application filed prior to the expiration
of the ;?substantial Qeompletion K'period and upon demonstration of good cause.
2. For the purpose ofl~s Section, Substantial Completion shall mean the stage in the progress
of the project where the work on the project or designated portion of aJl approved phased project
is sufficieutly comp/.ete in accordance with the Contract Documents so that the OVi'l1.er can occupy
or utilize the project, or designated portion of an approved phased project, for its int-ended use, or
the project has received either a temnorary certificate of occupancy or a certificate of occupancy.
In order. to be an "awroved phased cfoiect" the Owner must obtain City COill.rr1ission apDroval for
the phases of the project.
'63. Any property designated as a to be developed uhder a the IJarge-.2scale Ddevelopment
j?ffliee! program ~nd all_under single ownGfShip may have residential uses on l1:le first floor;
however, !flex residential nses are not perrnitted on the first floor witpjrr that portion of the
buOO1..l1g or development fronting on the front or main street The phrase "main street" means the
thoroughfare that abnts the property line of the building or development and which has the most
traffic, as compared to anv other street that ab1..'ls the property.
(e) No single use in the T.O.D.o. Zone shall ",weed a gross floor area of eighty thousand~
square fuet, except resiciootial Hses.(C) General Requirements. A Large Scale Development be approved
and permitted bv the City Commission at a public hearing, after the planlUng board makes its
recommendation. provided that such use is specifically listed as a permitted use in the appropriate district
colunm in the Permitted Use Schedule of the Land Development Code (Section 20-33D, as may be
amended), and that such use complies with the following general reguirements and any other
reguirements that the City Commission may consider approgriate and necessary.
L All such uses shall complv with all reguirements established in the appropriate zoning use
district, unless additional or more restrictive reguirements are set forth below or by the Ceity
Coommission.
2. All such uses must be of a compatible and complementary nature with any existing or
planned surronnding uses.
1, A public hearing shall be held by the Ceitv Coommission to deterrnin.e the overall
compatibility of the development with the existing or plarmed surrounding uses.
4. If during the review process it is determined that the develonment, as proposed, wil! 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:
iii. 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;
vii. Addressing traffic flow to an.d from the development to avoid intrusion on local
streets in nearby single family residential areas; or
viii. Irngrovement of the streets adjacent to the project. if applicable.
(D) Project Approval.
(a) Required Conditions.
Prior to approving a Large Scale Development the City Commission must find that the development
meets the reguirements set forth in subsection CC) above and that it:
L Will not adversely affect the health or safety of persons residing or working in the vicinity of
the proposed use:
2. Will not be deuimental to the nublic welfare, propertv or improvements in the neighborhood;
and
1, Complies with all other applicable Code provisiOllS.
Ib) Additional Conditions.
The City ComrrJssion may designate snch additional requirements i.., connection with the apRyoval of a
Large Scale Deveiopment as will, in its ODinion, assure that such development will confonn to the
foregoing requirements.
eEl Reapplication for Development Review. No realJplication for a Large Scale DaeveloDment review
under section 20-8.9 shall be accelJted by the Ceit'! within six (6) months ofthe 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 City Commission which justifies such reconsideration.
EG)-(Fl 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.
Ebl1 {ill Within the MU-5 subcategory the maxi..-num height of new buildings or existing building with
additions shall be limited to a maximum offoUT (4) stories, as permitted, unless the development eams a
bonus as set forth l7elew in Section 20-8.10. However, in no event shall a development exceed eight (8)
stories, as pennitted with bonus, nor sb.all it exceed one hundred (100) feet.
fIB lID 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, Connnercial
Recreation, Office, and Recreation/Open Space, Light Indnstrial.
(F) ill "'!here there is no minimum distance between adjacent buildings, nor a minimum building setback
from a property line, one (I) of the fIrst two (2) of the following conditions mt>St shall be met:
I. If the distance from the exterior wall to the property line is less than fIve (5) feet, the applicant
must show e'lidenee provide the Plarming 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 Documentation:
• Draft Ordinance
" Plarming Board Minutes
Z;\CODlIil Jtems\2011\12~6-II\Section 20-8.9 Amendments\LDC Amendment_20¥8.9 _Special Exception_Rep01't 11-30-11.doc
1 ORDINANCE NO. _____ _
2 An Ordinance amending Section 20-8.9 of the Land Development Code
3 titled Special Exceptions within the TODD district, in order to inclnde
4 additional criteria for defining large scale developments; providing
5 conditions for review and approval; providing for the expiration and
6 extension of approvals.
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8 WHEREAS, the it is the desire of the Administration to provide a more defined
9 procedure for the review and approval of Large Scale Developments within the City's
10 Transit Oriented Development District (TODD); and
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12 WHEREAS, the Planning & Zoning Department added additional criteria for what
13 constitutes a Large Scale Development to include the square footage of the proposed
14 structure; and
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16 WHEREAS, the Planning Board at its October 11, 2011 regular meetings, after a
17 public hearing and public comments, adopted a motion by a vote of 7 ayes, 0 nays
18 recommending that the item be deferred to consider additional language; and
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20 WHEREAS, the Planning Board at its November 8, 2011 regular meeting after
21 public hearing, adopted a motion by a vote of 7 ayes 0 nays recommending approval of the
22 proposed amendment including the changes recommended by the Board, and
23 recommending that the City Commission adopt the proposed amendments; and
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25 WHEREAS, the City Commission desires to accept the recommendation of the
26 Planning Board and City Administration and enact the aforesaid amendments.
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28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE
29 CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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32 Section 1. That Section 20-8.9 titled "Special Exceptions" is hereby amended as
33 follows:
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35 20-8.9 Special exceptions.
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37 (A) A Special Exception as used in the TODD shall mean a permitted use that
38 complies with all the conditions and standards for the district as well as those set
39 forth helow. For those existing uses in this district, any alterations or additions to
40 those buildings that result in the building being defined as a Large Scale
41 Development Use ("Large Scale Development"), shall conform to be..ffi
42 conferffiance with the provisions of this ordinance, hovle'ler,. I;:existing heights of
43 existing buildings and existing floors may remain in their current condition,
44 however, at Dllffeflt heights and additional floors, if authorized, may be added
45 ~ in accordance with this ordinance. g,(isting gas station ,"ses may be
46 pefffiitled to have a OflC time alteFalion to allow fer the addition of additioflal floors
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(B) Any site that is in excess of forty thousand (40,000) square feet or any
development, as defined in Section 380.04, Florida Statutes (hereinafter referred
to as "Development"), in excess of four stories shall EjHalify for be designated as a
lJarge Sscale Daevelopment Hse fH'Ia mHst , it shall be reviewed by the Planning
Board via tae speeial Hse permit proeess. and it shall require approval by the City
Commission. 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
Development project in order to determine if it is a Large Scale DeveloRment.
1. A special exception, if granted, shall be valid if new eonstruetion
DeveloRment, 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) years ("the Substantial Completion
Period") from the date of issuance 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 ~tfbstantial Qempletion
feriod and upon demonstration of good cause.
2. For the purpose of this Section, Substantial Completion shall mean
the stage in the progress of the Rroject 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 Owner can occupy
or utilize the project, or designated portion of an approved ];lhased ];lroject,
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 project" the Owner must obtain City Commission approval for the
phases ofthe project.
'63. Any property to be developed designated as tlfldor-a lJarge-~scale
.!2aevelopment program fH'Ia all Hnaer single owaersaip may have
residential uses on the first floor; however, they-residential uses are not
permitted on the first floor within that portion of the building or
development fronting on the ffentceF main street. The phrase "main street"
means the thoroughfare that abuts the property line oftlle building or
development and which has the most traffic, as compared to any other street
that abuts the property.
(C) General Requirements. A Large Scale Development be approved and pennitted
by the City Commission at a public hearing, after the planning board makes its
recommendation, provided that such use is specifically listed as a permitted use in
the appropriate district column in the Permitted Use Schedule ofthe 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
IT.guirements are set forth below or by the City Commission.
2. All such uses must be of a compatible and complementary nature
with any existing or ];llanned surrounding uses.
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3. A public hearing shall be held by the City 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. Development projects that are
recommended for remedial measures will not be required to submit a new
application unless it is detennined by the Department that additional
changes which would have the effect of increasing densities, square
footage or altering the height or use of a Development have been made.
Remedial measures may include, but are not be limited to:
i. Additional screening or buffering;
11. Additional landscaping;
llJ. 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
VllJ. Improvement of the streets adjacent to the project, if
applicable.
(0) 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 (C) above and that it:
I. 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, P!:QP-"I!v or improvements
in the neighborhood; and
3. Complies with all other applicable Code provisions.
(b) Additional Conditions. The City Commission may designate such
additional requirements in connection with the approval of a Large Scale
Development as will, in its orinion, assure that such development will confonn
to the foregoing requirements.
(E) Reapplication for Development Review. No reapplication for a Large Scale
Development review under section 20-8.9 shall be accepted by the City 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 City Commission which justifies such
reconsideration
tG1fB No single use in the T.O.D.o. Zone shall exceed a gross floor area of
eighty thousand (80,000) square feet, except residential uses.
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f!:)j ill.} Within the MU-5 subcategory the maximum height of new buildings or
existing building with additions shall be restricted to limited to a maximum of four
(4) stories, as permitted, or ap to eigl!t (8) stories as permitted with SOIlHS hili in no
ease unless the development eams a bonus as set forth belew. 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) fee!.
(E) A minimum lot area of five thousand (5,000) sqHare fuet shall he required fur
~' of the fulloviing nonresidential ases: Instirulional, Public gen'ice, General
Gemmercial Entertainment, Commercial R{;lcreation, Office, and R{;loreation/Open
gpace, Light Industrial.
fF) (ill Where there is no minimum distance between adjacent buildings, nor a
minimum building setbaek from a property line, one (I) of the first two (2) of the
following conditions mHSt shall 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 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.
Section 2: Codification. The provisions of this ordinance shall become and be made part
of the Code of Ordinances of the City of South Miami as amended; that the sections of this
ordinance may be renumbered or re-lettered to accomplish such intention; and that the word
"ordinance" may be changed to "section" or other appropriate word.
Section 3. Severability. If any section, clause, sentence, or phrase of this ordinance is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall
not affect the validity of the remaining portions of this ordinance.
Section 4, Ordinances in Conflict. All ordinances or parts of ordinances and all section
and parts of sections of ordinances in direct conflict herewith are hereby repealed. However, it is
not the intent of this section to repeal entire ordinances, or parts of ordinances, that give the
appearance of being in conflict when the two ordinances can be harmonized or when only a portion
of the ordinance in conflict needs to be repealed to hannonize the ordinances. If the ordinance in
conflict can be harmonized by amending its temls, it is hereby amended to harmonize the two
ordinances. Therefore, only that portion that needs to be repealed to hamlOnize the two ordinances
shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of __ _ ,2011.
ATTEST: APPROVED:
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CITY CLERK
1" Reading
2,d Reading
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READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
CITY OF SOUTH MIAMI
PLA..~NG BOARD
Regular Meeting Minutes
Tuesday, November 8, 2011
City Coillmission Chambers
.... .7:30 P.M. .•... ...... . .........<.
City of South Miami Ordincmce No. 08-06-1876 requires alliobby;sts before engaging in any lobbying activities
to register with the City Clerk and pay cn OImual 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 organfzation 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. Wbitman requested a ron 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 Mialui
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 defL'1iug
large scale developments; providing additional conditions for review and appruval;
providing for the expiration and extension of approvals; and providing an effective date.
Dr. Whitman read the item into the record.
Z:\Comm ltems\2011\12-6-IIIPB Draft Regular Meeting Minutes -II-08-II.doc
Page 1 of7
Mr. Brimo presented the item to the Board.
Dr. Philips asked for clarification of the tenn "substantial comp!etion~ which can be found in the
proposed amendment on page 4 of 6.
Mr. Bri..mo 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. Srimo 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 111 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 ERl'B 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 substa11tiate 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. Whitma!J. asked if these changes would be reflected in 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 tbIOUghout the proposal as well.
The Board held a discussion on the proposed ordinance.
Mrs. Beckman asked if there was a proj ect 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 ll-ten these processes would be triggered.
The Ch-airman opened the public hearing:
NAME ADDRESS
Sharon McCain
Z:IComm ItemsI2011112-6·11\PB Draft Regular Meeting Minutes -11·08-1 l.OOc
SUPPORT/OPPOSE
Support
Page 2 of7
Ms. McCain commented on page.5 of 7, 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 !vIr. Brimo
if the ordinances can be more defined. l'vIr. Brimo responded that the Board can make
recommendations to amend them.
The Chairman dosed the public hearing:
lv1rs. Beckman stated that we should define substantial completion.
M<>TI<>n: lv1r. Dundorf motioned to amend page 5 of 7, 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: lv1rs. 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. lv1r. 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 with the City Attorney and a paragraph be
inserted in order to implement these atnendments. 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 maL11tenance 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. Whitmal1.
Ve>te: Yes 7, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
lv1r. Vitalini: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
Z:\Comm Items\201 1\12-6-1 l\PB Draft Regular Meeting. Minutes -11-08-11.doc
Page 3 of7
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. V'ihitman: 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 chan.ged to read "set forth". The motion was seconded by Mr. Cruz.
Vote: Yes 7, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. \Vhitman: 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. VitaJini: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
PB-U-031
Applicant: City of South Miami
An Ordinance amending Section 20-2.3 of the Land Development Code titled DefInitions 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.
Z:IComm ltems\2011112-6-11IPB Draft Reg:ular Meeting Minutes -11-08-1I.doc
Page 4 of7
Mr. Brimo stated that the Board recommended that there be changes made to the amendment.
lV'J. Dl111dorfasked staff if this change was m"de 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 shDuld be guidelines for the number of children allowed. She
stated that an impact stndy 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 (MUA!-:I) zoning district. The motion
was seconded by Dr. Philips.
Vote: Yes 6, No 0
Mrs. Beckma!1: Yes
Mr. Cruz: Yes
Dr. WPitman: Yes
Mr. Dl111dorf: 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 ltemsI2011112·6-11\PB 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
lvlr. Dundorf: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
Motion Mrs. Yanoshik proposed an amendment to change LO, MO, NR, and SR to special use.
The motion was seconded by Beckman.
Vote: Yes 6,NoO
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. Whitman.
Vote:Yes6,NoO
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Yes
Mrs. Yanoshik: 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 M..r. 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 run anywhere from $1,500 to
several thousands of dollars.
Vote: Yes 5, No 1
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
JY:!r. Dundorf: No
Mrs. Yanoshik: Yes
Z:IComm Items120 11 112-6-IIIPB Draft Regular Meeting Minutes -i 1-08-1 !.doc
Page 6 of7
Dr. Philips: Yes
Motion }ill. DUlldorfmotioned to strike the parking requirement fOT 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 tl
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 mi1J.utes 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. Vlhitman: Yes
Mr. Dundorf: Yes
Mrs. Yanoshik: Yes
Dr. Philips: Yes
VI. Future Meeting Dates: Tuesday, December l3, 2011
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:54 PM.
Z:\Comm Items\20 11 \12-6-11 \PB Draft Regular Meeting Minutes -11-08-11.doc
Page 7 of7
~~~~~~~!:!~E!2!!:!:::~~:~~_._~~, __ , _____ .. ·_~~_~~~'_~,""C_C~""M __ ~~"" ______ ~~. SE SUNDAY,~9~CEMBERe,_?.o.J;j~~SE
SOAPBOX
Work to spruce up
Segovia helps area
to 3 feet, limiting the land-
scaping that can be used.
Within a few weeks, the
project will be completed. As
one member of the public
wrote to me, 'The improve-
ments you are making to Se-
govia \vill someday make it
one of the most scenic road-
ways in South Florida"
-Pat Salerno, City Manager,
Cora! Gables
ANNEXATION PLAN
RAISES QUESTIONS
with a possible annexation.
Making such a move before
doing public relations and
fmancial analyses is putting
the gilded cart before the
horse. The city manager
says these lawyers are the
only game in tov..'1l. Not so.
Eleven municipalities re-
cently completed annex-
ations; five cities did it with
their city attorney "in~
house." The others had out~
side legal help. Only two cit-
ies used any of the threelaw*
yers of the $420~per-hour
frrm. A highly rated frrm
gave me the price of$275 per
hour. Many firms have ex-
pressed interest in bidding.
Expanding the city to in-
clude unincorporated areas
kill our hometown feeling.
Commissioner Harris only
wanted to annex on a small
scale, but our city manager
thinks bigger,
Hyper-annexation is a
bad deal for South Miami
Democrats. They comprise
49,7 percent of South Miam·
i's 6,227 registered voters.
The unincorporated pre-
cincts within the Snapper
Creek, Red Bird and Ludlam
quadrant have 2,793 voters,
415 percent Democrats. In-
corporate west to 826 and
add 5,553 voters, 35,7 percent
Democrat. I am not a Demo-
crat but it is a bad deal if you
are. If you are black, you
make up 20 percent of our
population. Expand west to
I-1o-wtosoun~()ff
To submit: your le,tter, _e,~,mal!, sandJ<)n@'M'iam'jH~ra[d:t.o'm;
.or _write Scapbox; c/o Neighbors,-9ne Herald Plaza" Mlarrit
FL 331,32. Fa,x: 305~376~5,~87. ,Le~ters,-,must address a spe~
cific LOCAL issue, am'.l'must be,slgn~d wlth'a-,name, 'c:ity:or
neighborhood,a~,we!! as a'telephone number'for ver~
ification:purposes;letters more than ,3_59 wcrds wi!! not
be accepted,' and writers are limited to on~-letter every
fcur weeks:'Letters wit! run'as SPike-allows,' and:may be
edited for lengtn;style'and clarity. The deadline for letters
is'noon Wednesday,
826 and you are now 8 per*
cent, so who cares about
you? We grass·roots activ-
ists have fought special in-
terests intent on over-devel-
oping. We can and have ef-
fectively campaigned with-
in our 2Yz-square-mile
borders. Expand us to 826
and only big money will buy
our elections. It is political
suicide and we are not
drinking the Kool-Aid!
-Bob Welsh, South Miami
After reading the letter to
the editor by Fernando Me·
noyo (Palms out of scale on
Segovia Street, Soapbox,
Nov. 27), I felt it necessary to
respond, The design con-
cept for Segovia Street that
Menoyo proposed was seri-
ously flawed. Let's compare
the differences between his
concept and the project
that's currently under con-
struction. Menoyo's plan did
not provide for a curb de-
spite the fact that it was re-
quired to meet safety stan-
dards. Menoyo's concept
would have included fig
trees 8 to 10 feet tall in the
South Miami is talking
about hU:ing a $420/hom:
boutique law fIrm to help
that fall within the Snapper ~. r::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::~
Creek, Red Road, Bird Road! '
and Palmetto quadrant will
median. That's it. f'j i '
Residents of Coral Gables
should not expect nor de-
serve anything that is sec-
ond rate from theix city. The
construction currently tak-
ing place on Segovia Street
stands in stark contrast to
Menoyo's concept. A medi-
an has been constructed on
Segovia Street with the re-
quired curbing. The de-
cades--old road, which is
nearly a mile in length, is al-
so being resurfaced. Ap-
proximately 100 oak trees
have been planted in the me-
dian with an irrigation sys-
tem that promotes healthy
growth of the trees, Approx~
imately 200 additional oak
trees were planted in swales.
Menoyo calls the elimina-
tion of a median in front
University Baptist Church a
detriment. The plan he sup-
ported called for turning
lanes as well, Those turning
lanes were not adequate in
length and would have
caused vehicles in the tum-
inglanes to back up onto the
main roadway. Based on a
study, the city lengthened
the turning lanes, reducing
the potential for backups. As
a result, the median's width
. in that section was reduced
CITY OF SOUTH MIAMI
NOTICE OF GENERAL ELECTION
NOTICE IS HEREBY GIVEN that a General
Election for the City of South Miami for the
Mayor for a two (2) year term, a Commissioner-
Group II for a four (4) year term, and a
CommiSSioner-Group III for a four (4) year
term, will be held on Tuesday, February 14,
2012 from 7:00 a.m. to 7:00 p.m" in the City
Commission Chambers, of the City of South
Miami City Hall at 6130 Sunset Drive.
Qualifying period for this election begins
Monday, January 9, 2012 at 9:00 a.m., and
ends Friday, January 13, 2012 at 5:00 p.m.
Regjstration ends at 5:00 p.m. sham each
day.
Inquiries can be made by caHing the City
Clerk's office at: 305-663-6340,
Maria M, Menendez, CMC
City Clerk
City of South Miami
CITY OF SOUTH MIAMI
COURTESY NOTICE
NoncE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct Publio
Hearings at its regular City Commission meeting soheduled for ]Jl~sday ,January :} 2012 beginning
at 7:30 p.m., in the City Commission Chambers, 6130 Sunset Drive, to oonsider the following item(s):
CAn Ordinance amending Section 20-8.9 of the Land Development Code titled spe-oial)
Exceptions within the TODD d~lr,ol, in order to include additional criteria for defining
large scale developments; providing condllions for review and approval; and providing
for Ihe expiration and extension of approvals.
An Ordinance amending Seotion 20-2.3 of the Land Development Code titled Definitions,
in order1o amend Ihe definition of "Day Care Center", replacing day care with "Child Care
and Child Care Facility"; and amending of the Land Development Code titled Permitted
Use Schedule in order to replace the use "Day Care Center" with "Child Care and Child
Care Facility"; amending the permitted use schedule forthe LRM18, RM24 and RO from
pennit!ed use (P), to -special use (S); amending the permitted use SChedule for the H
district from net permitted, 10 -speoial use (5); amending Seotion 20-3.4 -Special use
oonditions; providing a reference to the Aorida Statute governing these uses.
An Ordinance amending Chapter 5 of the City Code prohibiting the taking of peafowl
to protect peafowl and their eggs; providing definitions; providing for enforcement and
penalties.
An Ordinance amending Chapter 2 -Administration, adding Seo. 4-2.2·"Slale of the
City Address'·.
ALL interested parties are invited to attend and win be heard.
For further information, please contact the City Clerk'S Offioe at: 305·663·6340.
Maria M. Menendez, CMC
Ci!yC!erk
?u,sua,~! to Aort<la $taMes 2$6,(l10S, lila Cityhe:<by Wviscs the j!~b'-¢ lI1at il a person de<:ides to appeal 3\y deois\oo made by tills Board,
Agerx:-,. <>rCCI'!'II'llissioo Wit/l rnspect to any matter Gvnsi:lered at \Is meeting or heating, he or she w,U need a recOid of the procead;ngs, aoo that
forsucil p'''j!Ose, affec1ed 1*"500 may nwd to ensure tl>at a vema!;n record Of the ptllC".edings Is mwe which w:ord ",-eludes 111. test"""ny and
evidence upon wl\lc.~ Ihe appeal !s 10 be based,
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearings at its regular City
Commission meeting scheduled for Tuesday. January 3. 2012,
beginning at 7:30 p.m., in the City Commission Chambers, 6130 Sunset
Drive, to consider the following item(s):
(
An Ordinance amending Section 20-8.9 of the Lan
v
Development Code titled Special Exceptions within the TODD
district, in order to include additional criteria lor defining large
scale developments; providing conditions for review and
\ approval; and providing lor the expiration and extension 0
approvals.
An Ordinance amending Section 20·2.3 of the land
Development Code titled Definitions, in order to amend the
definition of "Day Care Center~, replacing day care with ~Child
Care and Child Care Facility"; and amending at the Land
Development Code titled Permitted Use Schedule in order to
replace the use "Day Gare Center" with ·Child Care and Child
Care Facility~; amending the permitted use schedule for the
LRM18, RM24 and RO from permitted use (P). to special use
(S); amending the permitted use schedule forthe H district lrom
not permitted, to special use (8); amending Section 20-3.4 -
Special use conditions; providing a reference to the Florida
Statute governing these uses.
An Ordinance amending Chapter 5 of the City Code prohibiting
the taking of peafowl 10 protect peafowl and their eggs; prOViding
definitions; providing for enforcement and penalties.
An Ordinance amending Chapter 2 -Administration. adding
Sec. 4-2.2-"State of the City Address",
ALL interested parties are invited to attend and wi!! be heard.
For further information, please contact the City Clerk's Office at:
305-663-6340.
Maria M, Menendez, CMG
CityC!erk
Pursuant to Florida Statutes 286.0105, the City hereby advises the
public that if a person decides to appeal any decision made by this
Board, Agency or COmmission with respect to any matter conSidered at
its meeting Of hearing, he or she wi!! need a record of the proceedings,
and that for such pUflXlse, affected person may need to ensure that a
verbatim record of the proceedings is made which record includes the
testimony and evidence upon which the appeal is to be based.
12/23 11-3-24211805651 M
PROOF
Customer:
Ad Number:
Insert Dates:
Price:
Section:
CITY OF SOUTH MIAMI
1805651
12123120 II
122.40
Contact: M.M. MENENDEZ Phone: 3056636340
PUH Class: 701: HEARINGS Size: 2 x 7.43