7CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
Via: Hector Mirabile, Ph.D., City Manager
From: Christopher Brimo, AICP r.{9 /
Planning Director V/
Date: February 21,2012
SUBJECT:
ITEM Noo_-L
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; providing for landscape maintenance; and
providing for certain project guarantees.
SUMMARY
This proposal was first reviewed by the Planning Board at a public hearing on October
II, 2011, and at a subsequent public hearing on November 8, 2011. Following comments
fi.-om the public, Board and City Attorney, proposed revisions were submitted to the City
Commission for review and adoption.
At the first reading of the proposed Ordinance on December 20, 2011, the City
Commission discussed several subsequent revisions to the proposal, including the
timeframe for substantial completion of projects and the trigger for review as a large
scale development project.
It was discussed that the timeframe for substantial completion be returned to three (3)
years as recommended by the Board. Whatever timeframe is finally adopted, staff
recommends that it be consistent for both the TODD and the Hometown District Overlay,
which currently has a five (5) year timeframe established for substantial completion of
projects. Additionally, the Commission voted to amend the trigger for large scale
development review, to any project that requests a bonus allocation over the allowable 4-
stories. Staff also advised the Commission that the Board requested a landscape
maintenance agreement provision be included in the proposal. This provision would be
included for the second reading.
On January 3, 2012, the Commission had the second reading of the proposed
amendments to Section 20-8.9. The Ordinance included the changes discussed at first
reading, including the inclusion of the landscape maintenance provision. At the second
reading Commissioner Harris requested language be included to give the City additional
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safeguards in the development process, similar to a performance bond. Due to the
additional amendments requested at the second reading, the City Commission voted to
send the item back to the Planning Board for review ofthese amendments.
The Planning Board at their January 31, 2012 regular meeting after a public hearing and
public comments, concurred with the City Commissions recommended changes to the
threshold that triggers a review from 40,000 gross square feet, to "in excess of 4-stories".
In an effort to address the Commission's concerns related to enforcement actions against
developments that fail to complete the development in a timely manner, the City Attorney
added the following language to Section 20-8.9(B)1. ; •
In the event that a Development is not timely completed, all permits, development
agreements, development orders and all special exceptions, applicable to the
Development, shall be automatically suspended. Applicant shall have up to 60 days to
appeal the suspension, and request an extension of time for substantial completion, to the
City Commission. In the event that the applicant fails to file a timely appeal, or if an
appeal is filed and denied, the permits, agreements, orders and special exceptions in
question shall be revoked, unless such revocation is otherwise prohibited by law.
Additionally, the Board debated at length the necessity of including such specific
language enumerated in Section 20-8.9(1) of the proposed ordinance, that would govern
covenants for landscaping. The proposed language in Section (1) was adopted from the
existing landscape covenant for the South Miami Hospital Linear Park. Although there is
current language in the City's Land Development Code that addresses landscaping and
the maintenance of landscaping, several Board members felt it did not adequately address
the issue. The Board was divided on whether this issue should be handled as part of the
development agreement between the City and the Development, rather than having it
codified in this section. The Planning Board moved to pass the proposed Ordinance on to
the City Commission in its current form, but to leave the decision on the need to codify
the landscape covenants to the City Commission.
Finally, the following is the statutory language related to development agreements that is
referenced in Section 20-8.9(J) of the proposed ordinance.
Before entering into, amending, or revoking a Development Agreement, the City shall
conduct at least two public hearings. At the option of the City, one of the public hearings
may be held by the City's planning agency.
(1) A Development Agreement shall include the following:
(a) A legal description of the land subject to the agreement, and
the names of its legal and equitable owners;
(b) The duration of the agreement;
( c) The development uses permitted on the land, including
population densities, and building intensities and height;
(d) A description of public facilities that will service the
development, including who shall provide such facilities; the date any new
facilities, if needed, will be constructed; and a schedule to assure public
facilities are available concurrent with the impacts of the development;
( e) A description of any reservation or dedication of land for
public purposes;
(f) A description of all local development permits approved or
needed to be approved for the development of the land;
(g) A finding that the development permitted or proposed is
consistent with the local government's comprehensive plan and land
development regulations;
(h) A description of any conditions 1 terms, restrictions, or other
requirements determined to be necessary by the local government for the
public health, safety, or welfare of its citizens; and
(i) A statement indicating that the failure of the agreement to
address a particular permit, condition, term, or restricti.on shall not relieve
the developer of the necessity of complying with the law governing said
permitting requirements, conditions, term, or restriction.
(2) A Development Agreement may provide that the entire
development or any phase thereof be commenced or completed within a
specific period of time.
Z:\COllUTI /tems\20 I 2\2-2 I-I 2\Larkin Hospital Unity of Title\Larkin Unity of Title_ CM RepOlt.docx
ORDINANCE NO. _____ _
2 An Ordinance amending Section 20-8.9 of the Land Development Code titled
3 Special Exceptions within the T.O.D.D. district, in order to include additional
4 criteria for defining large scale developments; providing conditions for review and
5 approval; providing for the expiration and extension of approvals.
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7 WHEREAS, it is the desire of the Administration to provide a more defined procedure
8 for the review and approval of Large Scale Developments within the City's Transit Oriented
9 Development District (T.O.D.D.); and
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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 structure;
13 and
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15 WHEREAS, the Planning Board at its October 11,2011 regular meeting, after a public
16 hearing and public comments, adopted a motion by a vote of 7 ayes, 0 nays recommending that
17 the item be deferred to consider additional language; and
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19 WHEREAS, the Planning Board at its November 8, 2011 regular meeting after public
20 hearing, adopted a motion by a vote of 7 ayes 0 nays recommending approval of the proposed
21 amendment including the changes recommended by the Board, and recommending that the City
22 Commission adopt the proposed amendments; and
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24 WHEREAS, the City Commission desires to accept the recommendation of the Planning
25 Board and City Administration and enact the aforesaid amendments.
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27 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
28 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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Section 1. That section 20-8.9 titled "Special Exceptions" is hereby amended as follows:
20-8.9 Special exceptions.
(A) A Special Exception as used in the T.O .D.D. shall mean a permilted us dlat
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 result in the building being de ignated a a Large Scale Development,
shall conform to be in sonformanse with the provisions of this ordinance, however,~
Eexisting heights of existing buildings and existing floors may remain in their current
condition; however, at surrent heights and additional floors, if authorized, may be added
abe¥e in accordance with this ordinance. Existing gas station l:!ses may be permitted to
have a one time alteration to allow for the addition of additioflal floors above.
(B) Any site that is in excess offorty thousand (40,000) square feet or any development,
as defined in section 380.04, Florida Statutes (hereinafter referred to a "Development '),
in excess of four stories shall ql:!alify for be designated as a Llarge .s.scale Ddevelopment
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use and must, it shall be reviewed by the Planning Board yia the speeial use permit
proeess. and it shall require approval by the ity 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 tb e s ize of the Development project in order to determine if it is a Large
Scale Development.
1. A special exception, if granted, shall be valid if new eonstruetion the
Development, 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 permit. The time for substantial
completion may be extended by the Qeity Qeommission upon application filed
prior to the expiration of the S.substantialQeompletion £period and upon
demonstration of good cause. In the event that a Development is not timely
completed, all permits, development agreements, development orders and all
s pecial exceptions, applicab le to the Development. sha ll be automat icall y
suspended. Applicant shaH have up to 60 days to appea l the s uspen sion, and
requ est an extension oftime for substantial completion, to the City Com mi ssion.
Tn the event t hat the applicant fa il s to file a t imely appeal, or if an appea l is fi l ed
and d en i,ed, the permits, agreements, orders and special exceptions in question
shall be revoked, unless such revocation is not allowed by law or otherwise
prohibited by law.
2. For the purpose of this section 20-8 .9, s ubstantial comp letion shal l mean
the stage in the progress of the pro ject where the work on the project or des ignated
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 phased project, for its intended use, or the
project ha s 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 of the project.
3. Tn th e e ent that the Owner fail to timely complete can trucH n. (he
Owner shall remove any and all abo e ground structure and return th land to its
riginal c "diLion as it exist d immediately before any orkcommenc d on the
Deve ) pment. TIle Owner sha ll post a bond before c mmencemcnt of
construction, on a form approved by the City, with a surety licensed to provide
bonds in Florida and who i aQQroved by the ily, for the faithful compl iance with
this section of the land development code.
2-4. Any property to be developed designated as uOOer-a Uarge --.s.scale
Ddevelopment program ana all under single ownership 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 front or
main street. The phrase "main street" means the thoroughfare that abuts the
property lin e of the building or development a nd which has the most traffic. as
compared to any other street that abuts the property.
(C) General Requirements. A Large Scale Deve lopment shall be approved and permitted
by the City Commission at a public nearin g, after the planning board makes its
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recommendation, provided that such use is specifically listed as a permitted use in the
appropriate tii trict column in the Permitted Use Schedule of the Land Development
Code (section 20 -3.30, as may be amended), and that such use complies with the
following general requirements and any other requirements that the City
may consider appropriate and necessary.
1. All such uses shall comply with all requirements established in the
appropriate zoning lise district, unless additional or more restrictive requirements
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 planned surrounding uses ~
3. A public hearing shall be held by the ity Ceommission to determine the
overall compatibility or tile 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 ad erse 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 determined
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:
l. Additional screening or buffering;
II. Additional landscaping;
111. Building orientation;
IV. Relocation of proposed open space, or alteration of the use of
such space;
v. Pedestrian and bicycle safety and access;
Vl. 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
Vlll. Improvement of the streets adjacent to the project, if applicable.
(D) Project Approval.
(a) Required Conditions. Prior to approving a arge Scale Development the ity
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, property or impro ements 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 opinion, assure t11at such development will conform to the foregoing
requirements.
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(E) Reappli.cation for Developm e nt Revi ew. No reapplication for a Large Scale
Development review under section 20-8.9 shall be accepted by the City within six (6)
months of tile date offinal disapproval by the City Commission ofa previolls appjjcation
involving the same or substantially the same project, unless evidence is submitted and
accepted by the City Commission which justifies such reconsideration
€G1ill 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.
~ (ill Within the MU-5 subcategory~ the maximum height of new buildings or existing
building with additions shall be restrieted to limited to a maximum of four (4) stories~ as
permitted, or I:lp to eight (8) stories as permitted 'with bonl:ls; bl:lt in no ease unless the
development earns a bonus as set forth 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.
(5) A minimum lot aFea of five thol:lsand (5,()OO) square teet shall be required for any of
the follo· .... ing nonresidentiall:lses: Institl:ltional, Pl:lblie Serviee, General Commereial
entettainment, Commercial R~creation Offiee, and Reereation/Open Space Light
Indl:lstrial.
fB (H) 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 shall be met:
1. If the distance from the exterior wall to the property line is less than five (5)
feet, the applicant must sho'"" evidenee provide the Planning Department with a
~of a maintenance easement-ft:em applicable to the adjacent oVi'8er(s)
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.
(1) The granting of a special exception shall be conditioned on the Applicant
signing an agreement with the City, in a form acceptable to the City, which shall
include all of the conditions required for the granting of the special exception
("Development Agreement"). The Development Agreement, after it has been
drafted by the City Attorney shall be subject to approval by the City Commission.
In the event there are common areas or preregui ite . to approval of lh peciaJ
exception that require continued maintenance, a A separate agreement or
covenant ("Co'venant') that provides for maintenance of com mOB elements and
any-&!her cond~1ion specified as a prerequisit:e-te-a~ftBe special exceptioH
( 'Maintenance Covenants ') shall be signed by the owner of the property in
question in a form approved y the ily . The Maintenance Covenant shall be
treated as a covenant running with and binding the land upon which the
Development is situated and it shall be recorded in the land records of Miami-
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Dade County and, at the option of the ity and j f aJ low d by law. the
Maintenance Covenant may be re-recorded when necessary or required to
maintain. uninterrupted, the effectiveness of the covenant running with the land.
The Covenant shall provide that the owner and his/her/its grantees, heirs,
successors and assigns ("Owner") shall comply with the Maintenance Covenants
at the Owner's expense and without any cost to the City and,
(1) In the event that any special exception condition includes the development
of any common areas or elements ( 'Common Areas' ), the Maintenance
Covenant shall include the following provisions: (a) the Common Areas
shall continue in existence, as part of the structure and those Common
Areas shall be operated and maintained at the expense of the Owner of the
property so long as the Development continues to exist, in whole or in
part; (b) the operation and maintenance of the Common Areas shall
include a provision for landscaping in accordance with an approved site
and development plan, approved by the Planning Board, City Commission
and the Environmental Review and Preservation Board, or as amended
from time to time with approval of the City Commission, th e maintenance
of the landscape as well as other maintenance services and private security
protection of the Common Areas; (c) the Owner shall continue, operate
and maintain the Common Areas in such a manner as to keep such areas in
good order, clean, attractive, fully functional (subject to interruption for
maintenance" repair, restoration and renovation) and, generally, so as not
to create a nuisance to owners, occupants and users of the adjacent land
and surrounding areas and to the general public.
(2) The Maintenance Covenant shall define the phrase "continue, operate and
maintain", as it applies to landscaping, to include, but not limit it to, the
following activities:
(a) the monitoring ofthe landscape areas by a recognized
landscape expert, acceptable to the City, and the preparation of reports
by such expert certifying that the landscaping is in compliance or is
not in compliance with the approved Landscape Plan and all
provisions included in such plan pertaining to pruning, fertilizing and
general maintenance; the reports shall be prepared annually; and
(b) the replacing of plants, trees, shrubs or the like, at the Owner's
sole expense, as determined by the landscape expert to be necessary in
order for the landscaping to perpetually be in compliance with the
Landscape Plan.
(c) In the event that the City disagrees with the opinion ofthe
landscape expert hired by the Owner, the City shall have the right to
hire its own landscape expert whose decision shall be final. If the
City's expert agrees with the expert hired by the Owner, the City shall
pay the cost of its own expert, otherwise, the Owner shall pay the cost
of the City's expert.
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(3) All +he Development Agreements and the Maintenance Covenants shall
contain the following provision:
(a) In the event the Owner breaches its agreement (~a
''Default' ) and fails to ClU'e the Default within thirty (30) days
after receiving written notice of the Default, or fails to use all
due diligence in commencing the cure or ami in proceeding to
effectuate the cure, the City shall have the right, but not the
obligation, to cure the Default. The City shall have the right to
enter the land to effectuate the cure. If the Owner is unable to
timely cure the Defau lt after recei ing written no ti ce, the
Owner may file an application for an extension of time. All
applications for extension of time shall be filed with the City
Clerk and shall state facts that establish the requestor's good
faith and due diligence in attempting to cure the Default.
reasons justifying the delay in making the cure and the amount
of time needed to complete the cure. The extension shall be
granted up n presentati n of substantial c mpetent evidence
establishing good faith, due diligence and justifiable reasons for
the delay.
(b) In the event that the City performs any work or incurs any
expense towards curing the Default, the City shall have the right to file
a continwng special assessment Lien against the property and foreclose
the lien for the full amount of money incurred by the City for said
work or expense. The City'S lien shall be perfected upon being
recorded in the land records in Miami-Dade County, Florida and shall
be of equal rank and dignity as the lien of City's ad va10rem taxes and
superior in rank and dignity to all other liens, encumbrances, titles and
claims in, to, or against the land in question, unless otherwise
prohibited or restrict d by law in cenmet with state statutes or Miam+-
Dade County code.
fej The City shall have the right to proceed against the Owner to
collect the above-described costs and expenses without resorting to a
lien and/or lien foreclosure. The City'S remedies shall include all those
available in law or in equity , including injunctive relief. The e*ercise
of one availabJe remee!y shall not be deemed a vrah'er of any oUler
available remegy,.
(d) Invalidation orallY of the agreement or covenant identified in
tills section 20-8.9, by iudgment or court shall not affecl any of the
other provisions, which shall remain in full force and effect. In the
event fa violation of the agre menl r covenant in addition to any other
remedies available, the City of South Miami is hereby authorized to
withh ld any future permits, and refuse to make any insp ctions or
g.rant any approval, until such time as the Default is cured. All rights.
remedies and privileges granted pursuant to the agreement or
covenant shall be deemed to be cumulative and tile exerci e o[any n
or more shall neither constitute an election of remedies, nor shall it
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preclud e the CiLy from exercising such other additional rights, remedjes
or privile ges that are available to it.
(J) Deve lopment Agreements, as well as a ll amendments and revocations thereto, shall
comp ly w ith ss. J 63.3220-163.3243, Florida Statutes, a s amended by the florida
Legislature.
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-Iettered 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 ofthis 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 harmonize the ordinances. If the ordinance in conflict can be harmonized by
amending its terms, it is hereby amended to harmonize the two ordinances. Therefore, only that portion
that needs to be repealed to harmonize the two ordinances shall be repealed.
Section 5. Effective Date. This ordinance shall become effective upon enactment.
PASSED AND ENACTED this __ day of ____ -', 2012 .
ATTEST:
CITY CLERK
1 st Reading B
2nd Reading B
READ AND APPROVED AS TO FORM:
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Crry QP :SOUTH~1A}1~
I PL~ANNING B01\Rl) c,,,.i'
_ -;--L 1 ,i , --.. _
I' 'i, Regular Meeting Mi.!ll,.lt~~'):~*-~~rRtt
1~,'I;.~u~sday, JaritiaryJ1, "2 ~1~, l,~""
~":rCity CommisSIon Chambei's 'T-< '
" . t-I:3o"P.M . '
DRAFT
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. 44-08-19 79. 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, quasi-judicial and administrative action.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:38PM
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), Ms. Tiffany Hood (Office
Support).
City staff absent: Ms. Lourdes Cabrera (Principal Planner), Mr. Marcus Lightfoot (Permit
Facilitator),
City Attorney: Mr. Thomas Pepe.
III. Administrative Matters
The next Planning Board Meeting will be held on February 28, 2012.
IV. Public Hearings
PB-II-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 conditions for review and approval; providing for the
expiration and extension of approvals; providing for landscape maintenance; and
providing for certain project guarantees.
Mrs. Yanoshik read the item into the record.
Z:\PB\PB Minutes\20 12 Minutes\January\PB-II-029 Draft Meeting Minutes Excerpt -01-31-12 .doc Page 1 of 5
Mr. Brimo presented the item to the Board.
Mr. Brimo stated that after the City Commission made changes to this item at its second reading,
it was deciqed that the item would be sent back to the Planning Board for their review.
Dr. Whitman asked if anything was passed by the City Commission or was it sent directly back
to the Planning Board for additional work. Mr. Brimo stated that the item was passed and then
un-passed. He then stated that at the final reading, the time limit was set at three (3) years after it
had been previously changed by the commission. Mr. Whitman asked if there was anything that
was passed that would change the Land Development Code. Mr. Brimo stated that pOliions of
the item were passed but the item as a whole has not been passed by City Commission at this
time. Therefore, nothing from this ordinance has been added to the Land Development Code.
Mr. Pepe distributed a replacement for subparagraph I that deals with the development
agreement and the remedies for violations of the development agreement. He then stated that
Mrs. Yanoshik brought to his attention that the development agreement would only last for a
maximum of thirty years, and that the maintenance covenant that she added would be something
that would be running with the land and would extend past the maximum timeframe. Mr. Pepe
then stated that covenants would be treated separately from development agreements. Last he
stated that the maintenance agreement running with the land would be called a Maintenance
Covenant. Mr. Whitman then asked if this new Subparagraph I would replace the one that is
ClllTently in the ordinance, of which Mr. Pepe stated yes.
Mr. Dundorf asked the question of when a Maintenance Covenant would be required. Mr. Pepe
stated that if there were common elements or if there were a certain type/amount of landscaping
that would need to be maintained in perpetuity. Mr. Brimo stated that this requirement would not
affect a single family owner. This would only relate to large scale projects that are requesting
bonuses.
The Chairman opened the public hearing.
NAME
Jerry Proctor
ADDRESS
1450 Brickell Avenue
SUPPORT/OPPOSE
Oppose
Mr. Proctor stated that the way that this ordinance was drafted in total violates the spirit and
intent of the TODD zoning district.
Mr. Proctor stated that development agreements are for large scale, multi-phase projects. He then
stated that a project that only uses one or two bonuses, or will consist of only one building
doesn't really need a development agreement.
Mr. Proctor stated that fourteen (14) landscaping reports are required in the first thirty (30)
months following the Certificate of Occupancy (CO) is granted doesn't make sense. He then
stated that this ordinance is heavy on reporting, when an easier process could be utilized. The
section on landscaping also talks about the City trespassing on the property and effectuating the
improvements that are required. Mr. Proctor stated that the Code Enforcement process could be
used for this issue.
Mr. Proctor talked about the super priority lien process that is listed in the proposed ordinance.
He stated that a lien placed by a city does not have super priority. The liens that come prior
Z:\PB\PB Minutes\2012 Minutes\January\PB-II-029 Draft Meeting Minutes Excerpt -OI-31-12.doc Page 2 of5
would have to be handled first. Any liens that follow liens placed by the City would be handled
afterwards.
Mr. Proctor read from Section 20-S.9(B)(1) of the proposed ordinance that states that if the
development is not completed within three years, all development agreements, permits, and
developmental orders will be automatically revoked. If after three years, a project is 90%
complete, all of its approvals will be automatically revoked and would have to be demolished.
There is no provision for extensions.
In closing, Mr. Proctor then stated that this ordinance is not a good ordinance.
The Chairman closed the public hearing.
Dr. Whitman stated that this ordinance should be reviewed paragraph by paragraph by the
Planning Board and anything that does not go into a development agreement can now be placed
into a maintenance covenant.
Mrs. Beckman stated that this ordinance may be punitive but it was done so in order to protect
the character of the city. She then stated that anything that is unnecessary should be removed.
Mr. Brimo stated what items were revised by the City Commission.
Dr. Whitman gave examples of projects that had development agreements, and the project never
commenced.
Mr. Cruz stated that the process to revoke the all agreements shouldn't be automatic. Dr. Philips
stated that there is a section in the ordinance that allows for the possibility of extension. Dr.
Whitman stated that the alternatives of using Code Enforcement to achieve the same goal. Mr.
Brimo stated that Code Enforcement relies on the language listed in the Land Development
Code. Every violation that is written is based on a regulation in the City's Code that has been
broken. Mr. Cruz then stated that there are no regulations that allow for getting and extension
after the three year time frame has passed.
Dr. Whitman suggested that language be added requiring that allowed for the applicant to apply
for an extension, of which Mrs. Beckman stated that language allowing for an extension is
already in the ordinance. The difference is that the request for extension has to be made prior to
the deadline of three (3) years. Mr. Cruz stated that if the deadline has passed, the applicant
would have to restart the process for all permits and agreements.
Dr. Philips suggested that language be added that would suspend the project, forcing the
applicant to come back to the City to remove the suspension.
Mr. Pepe suggested that if the development is completed in a timely manner, the city may send a
notice with intent to revoke, and give the applicant thirty-days to respond.
Mr. Cruz suggested that the application be suspended after the timeframe has passed and give the
applicant sixty days to come before the Planning Board and City Commission. If the sixty days
has passed then the agreement should be revoked.
Z:\PB\PB Minutes\2012 Minutes\January\PB-II-029 Draft Meeting Minutes Excerpt -Ol-31-12 .doc Page 3 of5
Motion: Mr. Dundorf motioned to amend Section 20-8.9(B)(1), modifying the last sentence as
follows: "In the event that a Development is not timely completed, all permits, development
agreements, development orders and all special exceptions, applicable to the Development shall
be automatically suspended. The applicant will have up to sixty days to appeal suspension and
request an extension of the commission. Otherwise the application shall be revoked. This motion
was seconded by Dr. Whitman.
Mr. Brimo stated that he would need to check with the Building Department to ensure that there
are no issues with revoking a building permit. Mr. Cruz stated that if the application were to be
revoked, wouldn't the same result be achieved. Mr. Pepe stated that once the timeframe has
expired, the application process is already completed.
Mr. Dundorf revised the motion.
Motion: Mr. Dundorf motioned to amend Section 20-8.9(B)(1), modifying the last sentence as
follows: "In the event that a Development is not timely completed, all permits, development
agreements, development orders and all special exceptions, applicable to the Development shall
be automatically suspended. The applicant will have up to sixty days to appeal the suspension
and request an extension from the commission. Otherwise the suspension will convert to a
revocation in accordance with Florida Statute and the Florida Building Code." This motion was
seconded by Dr. Whitman.
Dr. Whitman stated that there was a typo in Section 20-8.9(C). The phrase should read "A Large
Scale Development shall be approved ... "
Mr. Dundorf left the meeting.
Motion: Dr. Whitman motioned that Section 20-8.9(1), following the word "and" be amended to
add the phrase "all other conditions for approval of the Special Exception" to the blank line. This
motion was seconded by Dr. Philips.
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Absent
Mr. Vitalini: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
Motion: Ms. Yanoshik motioned to let Section 20-8.9(1) stay intact and amend Section 20-
8.9(1)(2)(a) in order to reduce the timeframe allowed for reporting to annually, starting from the
date of issuance of the Certificate of Occupancy. This motion was seconded by Mrs . Beckman.
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Absent
Mr. Vitalini: Yes
Z:\PB\PB Minutes\2012 Minutes\January\PB-II-029 Draft Meeting Minutes Excerpt -Ol-31-12.doc . Page 4 of5
Mrs. Yanoshik: Yes
Dr. Philips: Yes
Motion: Mrs. Beclanan motioned to approve all amendments as a whole. This motion was
seconded by
Vote: Yes 6, No 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Absent for vote
Mr. Vitalini: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
V. Approval of Minutes:
Planning Board Minutes of November 08, 2011 -The Board members reviewed the minutes
and were in favor of approval of the minutes with no changes.
Motion: Mr. Cruz motioned for appr,oval of the minutes as presented. Mrs. Beclanan seconded
the motion.
Vote: Yes 6, No 0
Mrs. Beclanan: Yes
Mr. Cruz: Yes
Dr. Whitman: Yes
Mr. Dundorf: Absent for vote
Mr. Vitalini: Yes
Mrs. Y anoshik: Yes
Dr. Philips: Yes
VI. Future Meeting Dates: Tuesday, February 28,2012
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 9:54 PM.
Z:\PB\PB Minutes\20 12 Minutes\January\PB-11-029 Draft Meeting Minutes Excerpt -OI-31-12,doc Page 5 of5
MIAMI CAlLY BUSINESS REVIEW
Publi shed Daily except Saturday, Sunday and
Le ga l Holi days
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
V_ PEREZ, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review flk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County , Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI -NOTICE OF PUBLIC HEARING
MARCH 6, 2012
in the XXXX Court,
was published in said newspaper in the issues of
02/24/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Flo rida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing this ad v e~ise:;;?for publication in the said oew''/t) ya
Sworn to and subscribed before me this
24 day of FEBRUARY ,A.D. 2012
V. PEREZ personally known to me
I~>'" ~u" Notary Pl!!Jiic State of Florida -I'
,,0 \. <'" Cheryl H. Ma rm er :'. ¥; My Commission 00193490
. ""?'~or 'i/$.· Expiros071 _1B_I20_12 ___ _
--.:~:.--~-
--
CJ TY OF SOUTH MIAMI
NOTI C E OF PUBLIC H EA'R1 NG .
NonCE IS HER ESY gl\fen tllQt the City CommissIon 01 the City of South
Miami. Fl orida win eonpucl Public He~jin!lS at lis r~la r 'c:;Jly
poromfssfon meeting scheduled lot I uu day. Mamtl 6. ~01 ~. ~ll1.nlng
al7leO p.m., In Ille €Ij}' Commiss10 n Chambe(S, 6.130 Sunsel arive. ro
ollsldet Ihe/ollowQ1g fiem(lI); •
~ Q1dlriance _aulJ1orl~indlha City Manager 10 ex9qjle a 5-year ,
. franol1lse l1I9(eem!!fl1 With I fl$~e Martr" ltllu ldDOr fol' ~s benph
seMee fncjlJding a fee paid IP the City aqrl ve:(l f(OIT1 advertising ,
rsVEtn ue. .
(
AfI Ordinance amel'lrJIng S$'CI{Oli 2()'8.9 of tI'Ia.. lanD
peveJopmall1 <Code titled Special EXcepUOOs within the TODD
diSirict; In order 10 lrjc lu de 8dPlIiP~.al eriteri'a r~r de(lnlml \~g.a.
scale developments; provlafog c;ondlllon$ [or raVlaw -ana
approvalj provldlng for II)e expiration and extens)o ~ 01 .apJlro\lals~ providing for land$cape maintenance: .and prOVfdmlr.
foJ certain project gilliranl ees. .
A~ln teresled pati~ erl'Hnvl!ed 10 al leopind will be he~d
For fu rther informa tIon, pleaaa cQnla fh~ City Clerk's OI~
at. 005·663-634.0,
Mana M. Menendez, CMC
. CIty Olerk
P,ursu~nl. 10 Flo rida Slalule.5' 286.01QS. tile-Glt)'. here~ advls@s tlie p~lrc that If a person decides to appeal any decision made by fhls
BO!\(d, Agency or Comniission with respect to any matler cp[1sJtfeJea al
its rne~lIng or healing. he or ~J:t$'WiU ' oelld a record of Ihe proceeqlngs,
e[1d .nat for, I./QI] ipurpose, affecled person may need 10 ensuJe Ihal '8
IIflrbatim retOld of I!le prl1;Ctle.Qjngs Is IJlsdll wh lcfl record Inelupel {h
Iqsllmony: anQ9vtdenCtl uRQO whlc;ll lila aRP~!i,I (5 Iqbe based ..
2124 12-3-2Q.7/16j0550J'!f
42SE I SUNDAY, FEBRUARY 26, 2012 SE MiamiHerald.com I THE MIAMI HERALD
NEIGHBORS CALENDAR
HOW TO POST IN OUR CALENDAR OF EVENTS:
If you want your event published on our websites and to be automatically considered for our free
listings in the Neighbors section, please go to MiamiHerald.com/events and click on "+ add to our
Listings" on the upper-right. Be sure to choose "Community" as the first category. Then, from the
drop-down window, pick a second category that best fits your type of event.
Post your item at least two weeks in advance of your event so it can be considered for our Calen-
dar section in Neighbors. Do not key in "Miami" unless your event is taking place within the city of
Miami. If it's in unincorporated Miami-Dade, please state it as Southeast Miami-Dade, Southwest
Miami-Dade, Northeast Miami-Dade or Northwest Miami-Dade.
Some important tips: You must be a registered user of MiamiHerald.com. Do not put time, date,
venue, admission or free, contact information, or website in the description field. Please put those
elements in the fields provided. Also, click on all of the days your event occurs and put in a start
time for each day. If you have questions, you can email SueMullinatsmullin@MiamiHerald.com.
Please put "Calendar question" in the subject line. Or call Sue at 305-376-3355.
BALLROOM
Baby Boomer Ballroom: Enjoy
ballroom dance group class for
Baby Boomers.
8 p.m. Feb. 28. Bijoux Dance Cen-
ter, 4150 SW 70th Ct., Glenvar
Heights. $5.
bijouxdancecenter.com.
Beginners ballroom dance
class:
7 p.m. Feb. 28. Bijoux Dance Cen-
ter, 4150 SW 70th Ct., Glenvar
Heights. $5. 305·667-5359.
bijouxdancecenter.com.
st. Matthews Episcopal Church:
Enjoy ballroom dance lessons,
mixers, live entertainment and
refreshments.
7 p.m. Feb. 27. St. Matthews Epis-
copal Church, 7410 Sunset Dr.,
South Miami. $2 . 305-667-7715
Victor.
BUSINESS & TECH
Business Referral Group: Net-
~ ~
CITY OF SOUTH MIAMI
COURTESY NOTICE
working Luncheon. Group meets
at noon Tuesdays. Reservations
required ..
12 p.m. Feb. 28 Anacapri on Pon-
ce, 2530 Ponce De Leon BlVd.,
Coral Gables. $20; free to qual-
ified persons seeking member-
ship. 305-525-6742.
www.businessreferralgroup .org.
Business Referrals Meeting:
The Momentum chapter of BNI
(Business Networking Interna-
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. March 6, 2012. beginning at 7:30 p.m., in the City Commission Chambers,
6130 Sunset Drive, to consider the following item(s):
An Ordinance authorizing the City Manager to execute a 5-year franchise agreement
with Insite Martin Outdoor for bus bench service including a fee paid to the City
derived from advertising revenue.
C
An Ordinance amending Section 20-S.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; providing for landscape maintenance;
and providing for certain project guarantees.
ALL interested parties are invited to attend and will be heard.
For further information, please contact the City Clerk's Office at: 305-663-6340.
Maria M. Menendez, CMC
City Clerk
Pursuant to Rorida Statutes 286.0105. the City hereby advises the public that if a person decides to appeal any
decision made by this Board. Agency or Commission with respect to any matter considered at its meeting or hearing.
he or she will need a record of the proceedings. and that for such purpose, affected person may need to ensure that a
verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal
is to be based.
GREAT WEEK TO CATCH A SHOW
Treat little ones to Alice's Adventures in Wonderland at the Playground Theatre ($20); picnic
over al fresco screenings of Close Encounters of the Third Kind (Feb 22 at Spm; New World
Center; free) or Ferris Bueller's Day Off (Feb 24 at 6:30pm; Fairchild Gardens; $15); get dancing
with a free Miami City Ballet performance at Temple Beth Am (Feb 22 at 7pm; Temple Beth Am);
or watch budding musicians from the Greater Miami Youth Symphony compete at the Instru-
mental Concerto Competition (Feb 25 at 9:30am; Deering Estate; $12).
tional) meets every Friday morn-
ing to share ideas, contacts and
business referrals. Reservations
requested ..
7 a.m. March 2. Banker's Club, 2
S. Biscayne Blvd. Suite 1400,
Downtown Miami. $25.
305-757-9677.
Rotary Club Miami-Granada:
Dinner meetings feature speak-
ers, fellowship and business net-
working every week; 7:45 p.m.
Wednesdays.
7:45 p.m. Feb. 29 Big Five Club,
600 SW 92nd Ave.,. $17.
305-335-1216.
www.rotaryclubmiami
granada.org.
CHILDREN'S
Boy Scout Troop Seven: For
boys 7-11 ..
7:15 p.m. Feb. 29. Troop 7 Cabin,
1107 S. Greenway Dr., Coral Ga-
bles. $75 per year. 305-448-5401.
www.Troop7.org.
CLUBS
Kukaramakara Thursdays: Fea-
tures live music and DJs, includ-
ing DJ Geeh orchestrating an
open-format set (Shkira, Lady
Gaga, Jay-Z, Mark Anthony,
House, etc.) To RSVP contact Ku-
ka@Quecoco.com or text the
club ..
9 p.m. March 1. Kukaramakara
(Brickell), 1250 S. Miami Ave.,
Brickell. Free admission 9
p.m.-12:30 a.m. for htose who
RSVP to get on Fabian's VIP List.
786-942-2097.
www.Quecoco.com.
South Miami Senior Citizens
Club Bridge Group: Includes
refreshments.
" a.m. March 2. st. Andrew's
Episcopal Church, 14260 Old
Cutler Rd., Palmetto Bay. Free
first time; annual membership
$25 if you decide to join.
305-661-6333.
COMMUNITY
Corvette Car Show: Features
Corvettes, especially exotic
models, food and family fun ..
10 a.m. Feb. 26. Cauley Square
Historic Village, 22400 Old Dixie
Hwy, Goulds. Free admission and
parking.
fest i va I net.co m/cg i -b i n/su bs/
su bsd b.cg i?db = subs &v i ew_
records2=1&ww=1&ID=39850
&fn=fnOl058.
Cub Scout Pack 7 Meetings:
For boys ages 6 to 10 ..
6:45 p.m. Feb. 29. Troop 7 Cabin,
1107 S. Greenway Dr., Coral Ga-
bles. $75 dues per year.
305-370-8302. www.Pack7.org.
GBSL Baseball and Softball
League Open Registeration:
For kids 4 to 15. Glades baseball
league has been running base-
balls program since 1983. First
time players welcome. Volunteer
and parent coaches welcome.
Parent coaches receive discount
on registration fee ..
6 p.m. Feb. 28; 7 p.m. March 1; 7
p.m. March 2. 9451 Sw 64th St,
9451 SW 64th St., Sunset. $140
registration fee (includes uni-
form and trophy. 305-274-9465.
• TURN TO CALENDAR, 43SE