81 ORDINANCE NO. _______ _
2 An Ordinance amending Section 20-8.9 of the Land Development Code
3 titled Special Exceptions within the T.O.D.D. district, in order to, among
4 other things, include the following: a definition of special exception and
5 Large Scale Development; provisions and conditions for review and
6 approval; deleting minimum lot area; providing for perpetual maintenance;
7 and providing for the expiration and extension of approvals.
8
9 WHEREAS, it is the desire of the Administration to provide a more defined procedure
10 for the review and approval of Large Scale Developments within the City's Transit Oriented
11 Development District (T.O.D.D.); and
12
13 WHEREAS, the Planning & Zoning Department added additional criteria for what
14 constitutes a Large Scale Development to include the square footage of the proposed structure;
15 and
16 WHEREAS, the Planning Board at its November 8, 2011 regular meeting after public
17 hearing, adopted a motion by a vote of 7 ayes 0 nays recommending approval of the proposed
18 amendment including the changes recommended by the Board, and recommending that the City
19 Commission adopt the proposed amendments; and
20 WHEREAS, on March 20,2012 the City Commission approved Resolution No. 67-12-
21 13624 by a vote of 4 ayes, 1 nay, to send a revised version of the proposed Ordinance back to the
22 Planning Board for review and recommendation; and
23 WHEREAS, the Planning Board at their April 24, 2012 meeting and following a public
24 hearing, recommended that the revised Ordinance be forwarded to the City Commission for
25 approval by a vote of 4 ayes, 1 nay; and
26 WHEREAS, the City Commission desires to accept the recommendation of the Planning
27 Board and City Administration and enact the aforesaid amendments.
28 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
29 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
30 Section 1. That section 20-8.9 titled "Special Exceptions" is hereby amended as follows:
31 Section 20-8.9 Special exceptions.
32 A) A Special Exception as used in the T.O.D.D. shall mean a permitted use that
33 complies with all the conditions and standards for the district as well as those set
34 forth below. For those existing uses in this district, any alterations or additions to
35 those buildings that result in the building being designated as a Large Scale
36 Development, shall conform to be in conformance with the provisions of this
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ordinance, ho\vever,~existing heights of existing buildings and existing floors
may remain in their current condition; however, at current heights and additional
floors, if authorized, may be added abe:ve 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 or any
development, as defined in section 380.04, Florida Statutes (hereinafter referred
to as "Development"), in excess of four stories shall qualify for be designated as a
Llarge .s.scale Ddevelopment use and must, it shall be reviewed by the Planning
Board via the special use permit process. 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 Development.
2. For the purpose of this section 20-8.9, substantial completion shall
mean the stage in the progress of the project where the work on the project
or designated portion of an approved phased project is sufficiently
complete in accordance with the Contract Documents so that the Owner
can occupy or utilize the project, or designated portion of an approved
phased project, for its intended use, or the project has received either a
temporary certificate of occupancy or a certificate of occupancy. In order
to be an "approved phased project" the Owner must obtain City
Commission approval for the phases of the project.
2-.1. Any property to be developed designated as under a Llarge -
.s.scale Daevelopment program and all under single ovmership 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 line of the 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 shall be approved and
permitted 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 of
the Land Development Code (section 20-3.3D, as may be amended), and that such
use complies with the following general requirements and any other requirements
that the City Commission may consider appropriate and necessary.
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1. All such uses shall comply with all requirements established in the
appropriate zoning use district, unless additional or more restrictive
requirements are set forth below or by the 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 City Ceommission shall te
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 impact, 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:
1. Additional screening or buffering;
11. 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;
VI. Changes to ingress and egress;
Vll. Addressing traffic flow to and from the development to
avoid intrusion on local streets in nearby single family
residential areas; or
Vlll. Improvement of the streets adjacent to the project, if
applicable.
(D) 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:
1. Will not adversely affect the health or safety of persons residing or
working in the vicinity of the proposed use;
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2. Will not be detrimental to the public welfare, property 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 opinion, assure that such development will
conform 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
EG1ID 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.
f9j 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 up to eight (8) stories as pennitted with bonus;
but in no case 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.
(E) /\.,. minimum lot area of five thousand (5,000) square feet shall be required for
any of the follovling nonresidential uses: Institutional, Public Service, General
Commercial Entertainment, Commercial Recreation, Office, and Recreation/Open
Space, Light Industrial.
EB .cID 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 show evidence provide the Planning
Department with a copy of a maintenance easement--frem applicable to the
adjacent owner(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).
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3. In no instance shall a roof overhang extend beyond the property line,
except in the front of the building.
(I) 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.
A separate agreement or covenant ("Covenant") that provides for maintenance of
common elements and any other condition specified as a prerequisite to approval
of the special exception ("Maintenance Covenants") shall be signed by the owner
of the property in question. 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-Dade County and, at
the option of the City and if allowed 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.
(1) In the event that any special exception condition includes the development
of any common areas ("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 City Commission and the
Environmental Review and Preservation Board, or as amended from time
to time with approval of the City Commission, the 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 of the landscape areas by a recognized
landscape expert, acceptable to the City, and the preparation of reports
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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
eb) 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.
ec) In the event that the City disagrees with the opinion of the
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.
(3) The Development Agreement and the Maintenance Covenant shall contain
the following provision:
(a) In the event the Owner breaches its agreement ("a Default") and
fails to cure the default within thirty (30) days ("the Cure Period")after
receiving written notice of the default or fails to use all due diligence
in commencing the cure and in proceeding to effectuate the cure. If
the Owner is unable to timely cure the default after receiving written
notice, the Owner may request an extension of time from the City
Commission which shall be granted ("Extended Cure Period") upon
presentation of substantial competent evidence establishing the
Owner's good faith and due diligence, justifiable reasons for the delay
and the amount of time needed to cure the default. In the event that
the Owner fails to cure the default within the Cure Period, or within
the Extended Cure Period, whichever is greater, a fine shall be
assessed against the owner in the amount of $150, or such amount as
may be set forth in the City Fee Schedule, for each day the owner
remains in default thereafter.
(b) In the event that a fine is assessed against the Owner, or the City
incurs any expense towards curing the default, the City shall have the
right to file a lien, or a continuing special assessment lien, as may be
applicable, against the property and file a lien foreclose action for the
full amount of money incurred by the City for said expense as well as
for any fine that has been assessed. 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
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valorem taxes and superior in rank and dignity to all other liens,
encumbrances, titles and claims in, to, or against the land in question,
unless in conflict with state statutes or Miami-Dade County code.
(c) 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 exercise
of one available remedy shall not be deemed a waiver of any other
available remedy.
(d) Invalidation of any of the covenants identified in this section 20-
8.9, by judgment of court shall not affect any of the other provisions,
which shall remain in full force and effect. In the event of a violation of
the Development Agreement or the Maintenance Covenant, in addition to
any other remedies available, the City of South Miami is hereby
authorized to withhold any future permits, and refuse to make any
inspections or grant any approval, until such time as the declaration of
restrictive covenants in lieu of unity of title are complied with. All
rights, remedies and privileges granted pursuant to the Development
Agreement and/or Maintenance Covenant shall be deemed to be
cumulative and the exercise of anyone or more shall neither be deemed
to constitute an election of remedies, nor shall it preclude the party
exercising the same from exercising such other additional rights,
remedies or privileges.
(1) Development Agreements, as well as all amendments and revocations thereto,
shall comply with ss. 163.3220-163.3243, Florida Statutes, as amended by the
Florida Legislature.
(K) This ordinance shall apply to all projects that commence the plan review
process with the City'S Planning and Zoning Department on or after May 16,
2012.
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Section 2. Effective Date. This ordinance shall become effective upon enactment.
35 PASSED AND ENACTED this __ day of _____ , 2012.
36 ATTEST:
37
38
39 CITY CLERK
40 1 st Reading:
41 2nd Reading:
APPROVED:
MAYOR
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4 READ AND APPROVED AS TO FORM:
5 LANGUAGE, LEGALITY AND
6 EXECUTION THEREOF
7
8
9 CITY ATTORNEY
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
Page 8 of8
City of South Miami Ordinance No. 08-06-1876 requires all lobbyists before engaging in any lobbying activities
to register with the City Clerk and pay an annual fee of $500 per Ordinance No. 44-08-1979. This applies to all
persons who are retained (whether paid or not) to represent a business entity or organization to influence "City"
action. "City" action is broadly described to include the ranking and selection of professional consultants, and
virtually all-legislative, 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 7:37PM
Pledge of Allegiance was recited in unison
II. Roll Call
Action: Dr. Whitman requested a roll call.
Board Members present constituting a quorum:
Dr. Whitman (Chairman), Mr~. Beckman, Mr. Cruz (Vice-Chairman), Mr. Dundorf,
Dr. Philips and Mr. Vitalini
Board Member absent: Dr. Hauri
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
There are none at this time.
IV. Public Hearings
PB-12-014
Applicant: City of South Miami
A proposed Ordinance amending Section 20-8.9 of the Land Development Code titled
Special Exceptions within the T.O.D.D. district, in order to, among other things, include
the following: a definition of special exception and Large Scale Development; provIsIons
and conditions for review and approval; deleting minimum lot area; providing for
perpetual
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Mr. Cruz read the item into the record.
Mr. Brimo presented the item to the Board.
Dr. Whitman stated that this item came before the City Commission in a different form at its last
meeting. Mr. Pepe stated that the portion regarding a deconstruction bond was removed from the
ordinance.
Mr. Cruz asked if ordinances are presented to the Commission in the form that is approved by
the Planning Board. Mr. Brimo stated yes but then added that the City Commission has the
ability to amend ordinances. Mr. Brimo then added that the ordinance for this item was presented
to the Commission in its original state. However, one of the city commissioners added a
replacement page to the item. Dr. Whitman asked if the change was made between the first and
second reading of the item, of which Mr. Pepe stated the addendum was made at the first reading
of the ordinance.
The Chairman Opened the Public Hearing.
The Chairman Closed the Public Hearing.
Mr. Dundorf asked staff about the maintenance covenant and how it varies between
municipalities. Mr. Brimo responded that maintenance covenants are typically a part of
development agreements and not as part of the code regulations.
Dr. Whitman stated that ordinance references public hearings in two separate parts of 20-8.9(C)
of the ordinance. He then asked if this was redundant.
The Planning Board took a five minute break.
Motion: Dr. Whitman motioned to amend 20-8.9(C) (3) so that it reads "The City Commission
shall determine the overall compatibility of the development with the existing or planned and
surrounding uses. This motion was seconded by Mr. Cruz.
Vote: Approved: 5 Opposed: 0
Mrs. Beckman: Yes
Mr. Cruz: Yes
Mr. Whitman: Yes
Mr. Dundorf: Yes
Dr. Philips: Yes
Dr. Philips stated that the wording of Section H is confusing. Mr. Brimo stated that he
understands that it is confusing but it is existing language.
Motion: Mr. Cruz motioned to approve the proposal with the exception of the amendment. This
motion was seconded by Mrs. Beckman.
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Vote: Approved: 4 Opposed: 1
Mrs. Beckman: Yes
Mr. Whitman: Yes
Dr. Philips: Yes
Mr. Cruz: Yes
Mr. Dundorf: No
V. Approval of Minutes:
Planning Board Minutes of April 10, 2012 -The Board members reviewed the minutes and
were in favor of approval of the minutes with no changes.
Motion: Dr. Philips motioned for approval of the minutes as presented. This motion was
seconded by Mr. Cruz.
Vote: Approved: 5 Opposed: 0
Mrs. Beckman: Yes
Mr. Whitman: Yes
Mr. Dundorf: Yes
Dr. Philips: Yes
Mr. Cruz: Yes
VI. Future Meeting Dates: Tuesday, May 8, 2012
VII. Adjournment: Dr. Whitman adjourned the Planning Board meeting at 10:35 PM.
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RESOLUTIONNO.,67~12-J3624 .
A Resolution to present to the Planning Board a proposal to substantiallY amend
Section 20-8.9 of the Land Development Code titled Special Exceptions within the
T.O.D.D. district, in order to, among other things, include the following: a
definition of special exception and Large Scale Development; provisions and
conditions for review and approval; deleting minimum lot area; providing for
perpetual maintenance; and providing for the expiration and extension of
approvals.
WHEREAS, it is the desire of the Administration to provide definitions and a more
specific procedure for the review and approval of Large Scale Developments within the City's
Transit Oriented Development District (T.O.D.D.); and
WHEREAS, the Planning Board at its November 8, 2011 regular meeting after public
hearing, desired to include a perpetual maintenance provision and it adopted a motion by a vote of
7 ayes 0 nays recommending approval of substantially all of the amended ordinance that is now
being proposed; and
WHEREAS, the City Commission at its March 6, 2012, meeting addressed a more
comprehensive change than that which is now being proposed and desires to send the revised and
more limited amendment back to the Planning Board for review.
NOW, THEREFORE, BE IT RESOLVED BY THE ;MAyo.R AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1..The City Manager is directed to present to the Planning Board the following
proposed amendment to section 20-8.9 titled "Special Exceptions":
20-8.9 Special exceptions.
A) A'SpeiitrlExceptio'lt as'iised ilrtfie:'Ti@i'D~Di SlihlnXie~ij a "eMitted tise,1:hat'con'ipH{si ...... ' ..................................................... "'''.' ....... "-""-"-' .... .1'), ................... ,"'''' ,," ,,"u"
withalLthe conditions and standards for the districLaswellasthoseset forth he low., For
those existing us~s in this qistri(;t, al.lY alterations or!idditions; to those buildings that
• result in. the>boHding&eiri~; destghatettas}a?LargeiS'cllleJ2)evelopment~, shall confonn to
be in oonformanoe \yith the provisions of this ordinance, howe ... er,::....Eexisting heights of
existing buildings and existing floors may remain in their current condition; however, at:
eurrent heights and additional floors, if authorized, may be added abe¥e in accordance
with this ordinance. EJdsting gas station uses may be permitted to have a one time
alterat:ion to allow for ilie addition of additional floors above.
(B) Any site that is in excess of forty thousand (40,000) square feet or any development,
.as. defined .. ' in:section3@.04, FlotidaSfatutes. (herelhaty(:f'refeited. tQ as:~tDeyeJOpfuenPns
in excess of four stories shall qualify for be designated as a IJarge S,scale Ddevelopment
use and must, it shall be reviewed by the Planning Board via the speeial use permit
prooess. and Ifshall requifeapp.tgyatbY th~ pity Cbmryiissi6nlT}je· ~quafef()qtage ofi@
.altemtion:or addition to anexisting,§lte and thesg,uarefootage o'flhe·.existing Sitlt' that is.
,'.
Res. No. 67-12-13624 2
being altered . or to which an addition is being proposed shalL . be . includedinmthe,
i Cbrlipubitiori:.of·thif:Si~e.oftheDtWelopmefjtpmject/inj·6r<ler·'to>:detertriifle. iritis; a.1'54tge: 'Scale Development. .... .... ". ·.m. ....... .. ., m. . '.' .... ... ..... '"
* * * *
~ 3. Any property to be developed designated as tffidef-a Uarge. -~scale
Ddevelopment program and allllndor single o\Yflorship may have residential uses
on the first floor;; however, ~residential uses are not permitted on the first
floor within that portion of the building or development fronting on the front or
main street. The phrase "main street" means the· thoroughfare that abuts the
'"l?rQt;>eti$;)ib:e .. rJf:ifh~·buUdjng\.or,«lbve1bpmen.tandY;;Whjcb,';has:i:.tne···mostf;tram&~Xrui
compared to any other streeHhat abuts the property.
*' *' *
.1 ........ All such .. usesmshall complyWltb.: all requirements .established in the
·atiPtQpriatez(jiiing·tfs~cdl~trlet. U'iiIes$:aat(jtiofililor.rt1ore;resti'i9tiYij;reqtilremel1.~ iiresetf'orth' below or by theCityCommissiori: ..... . .m P.· ... ' ....
;2, .AILsuchusesmust be of a compatible and complementary nature with
any existing or planned surroundinguses.
~; ··~;,n~bfjc'heati'pg.shalt.be:lieJa;b;ll'ibe·GltY;q~mlnfssiblUod,¢tertriffie<the
9veffllf:cbfup~t~iIit¥n9f' tlte'~~yeI6'iW~nt';\vitJf16~; ~~*i:stlli~~~t pl~tjJi~
surrounding uses.
ft ..... If,dlltlng,'tbe ·rtview12i'o¢ess; ·jf'.iSjletermificdihatth'e; developmefit.i!$
• ;' r6pci§ed,':Wiil pofenfiaUy'oot'lse:adverse.:ilupacts;··flie Planhirig: IDe/?aftIDel'lf;sl1aJl J~ .. 'd. .. •..•. •... .... ..... .' . '.. . ... .• .....•. . .. ,.... mm ...... .... '. ..... .m
.recommend .. remedial. measures to. eliminate or reduce. to the extent possible,
these impacts, Development projects that are rSlcqmmended. fqr. remedial
measures wtl1.riot.bereqtiired:to;subin'Jta·oeWapjHcation'unless:itis,determ1ue4
h¥' the' De[>artmehe.tnat··. additional ·cnai'fses··which·wotildliaVe ··the .effect·.6f
lucreaSlhg'densiiles;sguare .fOQtage·.Qr· altering ifieiheightor.use· :Qf.a
. .. . .. . ..... -. ..' -' ,'".: .. '
Page 2 of6
Res. No .. 67-12-13624
:.
3
Development have been made. Remedial measures may include, but are not be
limited to:
i. Additional screening or buffering;
ii. 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 and from the development to avoid
:Jntru~i<:>~p';l!?~~l~!t:~~ts in nearby single family residential
areas: or
viii. Improvement of the streets adjacent to the project, if applicable.
CD) Project Approval.
(l't)JiteqliJted)CQt1di~tfQllS. ... Rtt()n:io,:approving.:a;Lar.ge!!:So-ale~v~lopmenp;.ffieJ:(,~Iiy;
l!j:o~mfssibu' .. m:~~t .ffnd.~~at·i~f>!.;rg~~&~?p~~::mtf~~~jbe~re~~l~illmlm$~·t()rth .. ;!Q.) . subsection (C) above and that it: .... ....... ... '. .. .'
" 1 ... \wnt\not;aavemet~.~mte~th0::hMlili;Q~·AAte\y':6f,n~r,s~~a;·r~iaii'i'ik6r'~~rkJrigiin;
the vici!1ity o,f th:epropos~~ us~; .'C" , .• "; " " ."
;2;Wilrp{)t:-bei.fl~1riiti'enMtuo.;!tll~~bli&welf#$~p~#yilJfi'rnl?f9x~weng1tVlh~
neighborhood; and
3. Complies with all other applicable Code provisions .
. ~m 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.
<D1 (Q) 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 'HP to eight (8) stories as permitted ',..lith bOfU1S; bm ia ao 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 shallJ! exceed one
hundred (100) feet,.
(8) A miflim'Hm lot area of five thotlsaad (5,QOG) sqtlare feet shall ee reqtlirea for any of
. tft~; fbi ~Q:'l4U$ ·1:1~:mr~aldlmt.iaf~s~Ei;: ·~~tjlijt~~I~P\lbU~'~$~'jQ~.. ~l~Fa.'I.,¢W1~ffi~f,e:iat
.' BatertalflffleJlt.@cl'lilmereiaJ· Reereatiba,.· Offiee..f@I: .. ReotentwllIOpe'll .$paee.;·· higbt
Iadtlstrial. . . '. '.. .. . '.' '.
Page 30f6
Res. No. 67-12-13624
4
tI9 .an 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 fffifSt ;sh~n be met~
1. If the distance rrom the exterior wall to the property line is less than five (5)
feet, the applicant must show ~widoaoo provide the Planning Department with a
~of a maintenance easement-irem applicable to the adjacent owaor(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 propertylinej except in
the front of the building.
(1) lirm*ceVenfthaf:afiyisR€ciaLexeeptlt>t't';croii'ditihn':iffbthdes th~:'deveropment
of any common' areas C"C()J:I1J:I1onAreas"), the Maintenance Covenant
shall include the following provisions: Ca) the Common Areas shall
continue in existence, as part of the structure andthose . .commonAreas
ishml ;be'lOpemlf:d~ '@<l ;mruntainea.~ar:the;:e)(pehs¥ j)r;.the;.'([)~~f,df.tlI&
property so long as the Development continues, to exist, in whole or in
part;' (b) the operation and maintenance of the Common. Areas shall
Ih~i~de;;a;. Pt(J~M~~!for .. l~({'~c~pfh~: !~'~~~(jfd~~c~Y4t~'!~awt{J)'Vea,:s'it~
and development plan, approved by the Planning Board, City Commission
and the Environmental Review and Preservation Board, or as amended
frotn: time.ito time:Wifua:tmtoval oW'tlie:Cit$ (jt)mfi:liS'~ibri\\th¢mafuten:ance
o£the·lanmscape;as:well.as:otl1ermaihtenance.services'ano.j?rlvate.securih';
protection of the Common Areas; Cc) the Owner shall continue, operate
and maintain the Common Are~s in such a manner as to keep such areas in
Page 4 of6
Res. No. 67-12-13624
5
good:.drder, ¢lean~'atttaativeiiDlnyfunctio:na1 "subJect ito Intetttiption fot.
tttftintenanee •. repaft\ires!9ratfon .an&renovation) art&t~ilei'al1i; so: hS:not;
"io·?'<.~reM~i.(~~is·M6~;·~o·,ocWl1ets;·:~'Ccup@Wiih4'·ii,sers.~f::the;'adt.alielitAan~
and surrounding areas and to the general public.
(2).,.11'i~,:Mwn.teiiruice'.(fJ<!¥en'@tsllwr.d~firie]1f~;p~ei'tg~nfin~~i ()R~f~!e,.~di:
,maiIitf,Hfi'\ M\lf;'awlies\td landsc.apiitg-;!oi:include:;,hut"!mKUmi{4t:tosdhei
.' ." ",'.. .., ."" ... _".'_ •• ,., ., ... " ~ •.•. ' • ,,' .' •... ". ".. ",'.1'0', ~. ""-:'.." .~, '-, .... , ....•.• :
following activities:
Ca) the monitoring. of the landscape areas by a recognized
:}im~~(taptt .. experl,}acceplable;ta;ilieo~Cihc\'·and;llieJ?I~maratio1l'1ofmports;
. by suchexp'ertcertif\ring that the landscapi'ngi's iri"compUance'or is
not in compliance with the approved Landscape Plan and,all
;groviSions'inelUde(tiiisY6h: . .plifij·h~i1itirifn'g;J6,{pjJJliu1t;{!'!rertili~~g?mr~
'general maintenance: the reports shall be prepared annually, and
(b) the replacing of giants, trees, shrubs or the like, at the Owner's
::~ol~\eJ!l:le~~;M.~~tetllline<fB1;tli~~tands~tr~ei.'l1~~itQ~'6~f,\eee~~J.l~
order for the landscaping to perpetually be in compliance with the
Landscape Plan. .
(c) In: the event that the City disagrees with the opinion of the
. landscape expert hired. by.the'~(;J'v.Viier; the . .cityshalLhav~dtl1~~ight~q
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.
(3) The Development Agreement and the ¥ainttI1:~,?e£9Y~J:!~~s~~1.~,?on~u,
the following provision:
(a) In the event the Owner breaches its agreement ("a Default") and
fails to cure the default within thirty (30) days after receiving written
:noticeoftl1edefaul1:orfails
d
touse all due diligence in cominencing the
cUre and in proceeding to effectuate the cure, the City Shall have the
~gb~;bti'fn0h!~~.;{)b1~~aHon:;.to:eure:;thed~faritt:.~~r@i~,shallihavldhe
right to imterthe land to effectuate the cure: Ifthe Owner is unable to
timely cure the default after receiving Wrltten notice, the ()wner may
request an extension of time from the City Commission which shall be
granted upon presentation of substantial competent evidence
~stablishing,the' '()Wner~is. ,. goodfa:ftli'an'd :due ,.dfIigenc~" :Ju'stifiitble,
reasons lor the' delay and the amount of time needed to cure the, default. . . ....... .., ..... ......... .' '. .. ..... .. ......... ......' ..
(b) In the event that. the City performs any work or incurs any
·expense.toWards curlrtg.t~e.:de;fli1flt,jheiCft)fSharLhave':the,:r1gb£fofile.
'a;~ontihuinwspecial·assessment.lien~a~nst)tl1(i'Pr6p~rlM~;8ndfof¢¢l~se:
thelieiifoi'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 valorem taxes and
superior in rank and dignity to all other liens, encumbrances, titles and
Page 50f6
Res. No. 67-12-13624 6
Section 2. Effective Date. This ordinance shall become effective upon enactment{
PASSED AND ENACTED this 20ili day of March, 2012.
COMMISSION VOTE: 4-1
Mayor Stoddard: Yea
Vice Mayor Liebman: Nay
Commissioner Newmani' Yea
Commissioner Harris: Yea
Commissioner Welsh: Yea
w;\my dQcum~nts\resollltions\resoluijon Idc amC:l1d20-8 9 ordinance, doc
Page 6 of6
34SE 2012 SE MiamiHerald.com THE MIAMI HERALD
NEIGHBORS CALENDAR
=~~'*=',* ='1""""'" ~W@i"m'i"»i"'=:<$:.m:"':=>O:<$$&""":",'"""ill,'''mtl~'11m"::m:'l-.'l1:~~~m:>.,",,,,''''''......,~;;=;;>lV,'(,l-";",.
H i -Tech Air Service . CALENDAR, FROM 29SE Tuesday Tasting to Benefit Orches-looking to improve orshare your Weekend: Saturday May 26. 2012
tra Miami: Kork Wine & Cheese, photography skills -the KENDALL All White Yacht Party
FPL PARTICIPATING INDEPENDENT CONTRACTORsM downtown's hottest new destina-CAMERA CLUB is for you! Hosted by Tip Drill, Lacy Lippz,
Miami, 401 Biscayne Blvd., Down-tions for quality wine and music,will Meetings: 2nd & 4th Thursday of and Barbie Brittania.
town Miami. $25. 305-443-5787. host a fundraiser for the benefit of each month 3 p.m. May 26. Rush Nightclub.
www.miamirotary.org. Orchestra Miami on Tues, May 22,at Where: Evelyn Greer Park -8200 1439 Washington Ave" Miami Beach.
Seasons Hospice & Palliative Care of 7:30 PM. For $20. enjoy a full glass of SW 124 Street $100 -$2000.
South Florida Volunteer Recruit-their main selection and two tasting Time: 7:15 P.. Boy Scout Troop Seven: For boys
ment: Seeks passionate volunteers pours, plus a selection of meats & 7:15 p.m. May 24. Evelyn Greer 7-11. Boy Scout Troop Seven is
who want to make a difference cheeses to accompany the wine.. Park, 8200 SW 124th St" Pinecrest. celebrating its 90th Anniversary ..
along with professional who provide 7:30 p.m. May 22. Kork Wine & $60/year.305-343-0428. 7:15 p.m. May 23. Troop 7 Cabin.
care for patients and their families Cheese, 2 S. Miami Ave" Downtown www.kendallcameraclub.org.1107 S. Greenway Dr" Coral Gables.
throughout South Florida when a life Miami. $20. 305-274-2103. Open Miik Karaoke Thursdays -$75 per year. 305-448-5401.
limiting illness no longer responds to www.orchestramiami.org. Johnny's Downtown Miami: Join us www.Troop7.org.
curative treatment.. CLUBS for drinks and a song. Search & Catholic Middle School Art Festival
--. 10 a.m. May 21. Seasons Hospice & Select from thousands of songs on at the ACND Gallery: An exhibition ~ TRANE Palliative Care of South Florida, 5200 Bingo for Charity at Elks Lodge our fully computerized touch screen of art created by students who
-NE Second Ave., Little Haiti. #1835: Play bingo to benefit Ariana kiosks or from your smart phone. attend area Catholic Middle Schools.
305 969 2600 305-762-3883. www.seasons.org.Chiidren·s Hospital near northern DJ Miik hosts Their work will represent a variety of
13339 SW 88 Ave., Miami, Fl33176 --Florida and veterans' organizations, Open Miik Karaoke Thursdays @ mediums including paintings, pencil '======~=~==============::hb===========iil particularly homesless veterans. Johnnys Downtown Miami and charcoal sketches, 3-D, and r I I 7 p.m. May 23; 7 p.m. May 30. Elks For more details check out various non-traditional art pieces
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commission of the City of South
Miami, Florida will conduct Public Hearing(s) at its regular City Commission
meeting scheduled for Tuesday, June 5, 2012, beginning at 7;30 p.m., in the
City Commission Chambers, 6130 Sunset Drive, to consider the following item( s):
A Resolution related to the request for eight variances from Section
20-3.5 of the City'S Land Development Code. 1. to allow a 37.5'
frontage where a 60' frontage is required; 2. to allow development on
the lot which has 3,525 square feet where 6,000 square feet is required;
3. to allow 5' interior setback when 7.5' is required; 4. to allow 12' front
setback when 25' is required; 5. to allow 9.17' side street setback when
15' is required; 6. to allow 24.33' back setback when 25' is required; 7.
to allow one parking space where two are required; 8. to allow maximum
building coverage of 38% when 30% is required; to construct LEED
Certified affordable housing on a nonconforming lot of record in an
RS-4 zoning district. NE corner of SW 62 Ave. and SW 62 Terr. Folio
# 09-4025-009-0240
(
An Ordinance amending Section 20-8.9 of the Land Development
Code {itled Special Exceptions within the T,O.D.D. district, in order
to, among other things, include the following; a definition of special
exception and Large Scale Development; provisions and conditions
for review and approval; deleting minimum lot area; providing f~
perpetual maintenance; and providing for the expiration and extension
of approvals.
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 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 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.
Lodge 1835, 12495 NE Second Ave., OpenMiikKaraoke.. such as folk art..
North Miami. $10 cards. 10 p.m. May 24. Johnny's Miami, 8 a.m. May 25. ACND Gallery of
305-687-2132. 62 NE 14th St., Media and Entertain-Art, Archbishop Curley Notre Dame
Gain the confidence you need to be ment District. NO COVER. High School, Little Haiti. Free.
a Speaker and Leader: Surveys show www.OpenMiikKaraoke.com. 305-751-8367. www.acnd.net.
that presentation skills are crucial to COMMUNITY Chamber South Ambassadors: This
success in the workplace. Toastmas-group of members plans activities
ters provides an option that is less JJUnleashing Your Power, Igniting and events to welcome and involve
expensjve and held in high regard in Your Passion" Book Discussion: Join new members, while becoming
business circles.. Michelle Alvafor a fun and uplifting mentors to new and prospective
7 p.m. May 22. Homestead Main gathering to discuss strategies plus chamber businesses. Membership is
Street. 43 North Krome Avenue, lead a discussion along with the by invitation ..
Homestead. Guests can visit the club author, Osmara Vindel.. 4 p.m. May 22. Chamber South,
free of charge. 305-903-2960. 7 p.m. May 24. Choices Vegan/ 6410 SW 80th St., South Miami. Free
speedwayspeakers.org. Raw Cafe, 379 SW 15th Rd.,.
Kendall Camera Club: If you are All White Yacht Party Memorial Day • TURN TO CALENDAR, 42SE
~mxe ~ . MlAMI-OADE EXPRESSWAY AUTHORITY
MDX TIER I WORKSHOPS
The Miami·Dade Expressway Authority (MDX) has scheduled twO Tier I Workshops to present
Information on the analysis conducted to d.tefor the OS I Express L:rnes Project Development
and Environment (PD&E) Study. The study consists· of evaluating the feaSibility of express or
managed lanes In the Sooth Dade Busway by private vehicles paying a toll, easing congestion on
US I and enhancing transit service and safety. Each workshop will begin with • 30-m;nu", open
house followed by • presentation. The same information will be provided at each meeting.
Your pdrtidpataon is encouraged and apprec.lated:
Wednesday; Hay·30, 1011
3:30-5:30 pm or· 6:00·&00 pm
South Dade Regional L1b"""Y·
lnd Floor Auditorium
10750 SW 11 I th St>"eet:
Cutler Bay, FL 33189
~" HDX ~eting IOQ~iO~$ comply with apph~bk! requirements of the.Am~ns: wlch Disabilities Act.A~llary
aJds or :!l:ervices wiJl be: provided upon request with :st least rrre (5) daY$ notice-prior' to the date ot the meeting
hoaMoglmp""ed, telepho"" the Fl"-'d. R .... S",,,k. N.mb<l's (800) 9SS.S771 (TDD) ... {SOO) 9S5-S170 (Voi«).
f« .ass,isQne,e. for fUt"th~i" ."m1orma.tion Of" '~s.~t:m<:~, plem. eonur;tTel"4: Gan:i~, Publit Inf<>rm.:ltion 'Officer; by
phooe at (1M) ln~'n91:or by "e.·mail.at USlexpre'S$@mdxway.~ or write to Marra'Oin, MOX Pfwning
Miloager. at 3790 N'lAI lIRSQ'eet. Miami. florida 33142.. MDX mvtt!s aU irn:e~t'ed p~rtie:j; to attend, f'ubltt
~rt:i~p-at;iQr\ ill. $QlkitQ($ ~t ~g:ard to ~e.(otor.Mt~1 ~;;gIC.$04~igiofl. diS<'lbllity vb.mily'st;;Iws...
www.MDXWAY~com Let's move 'o,ward togelher.
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -JUNE 5, 2012
in the XXXX Court,
was published in said newspaper in the issues of
05/18/2012
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, re, . sion or refund for the purpose
of securin IS advertisemen for publication in the said
Sworn to and subscribed before me this
18 day of MAY ,A.D. 2012
(SEAL)