Res. No. 052-08-12649A (2)I: 0 1
WHEREAS, pursuant to section 20-3.3(D) and Section 20-3.4(B)(22) of the
Land Development Code (LDC), applicant, Bryan Guarch of Exotic Collections Car
Rental has submitted Planning Board Application No. PB-08-008 requesting a Special
Use Approval to operate an automobile rental agency at 6136 South Dixie Highway
located in the "GR" General Retail zoning use District; and,
WHEREAS, an automobile rental agency is allowed as a special use in the "GR"
General Retail zoning use district subject to meeting general conditions specified in LDC
Section 20-5.8 and subject to meeting special requirements set forth in LDC Section 20-
3.4(B)(22); and,
WHEREAS, the approval of a special use requires a recommendation from the
Planning Board and the approval of the City Commission after a public hearing; and,
WHEREAS, at its March 11, 2008 meeting the Planning Board, after public
hearing, voted 5 ayes 0 nays to recommend approval with conditions of the special use
request; and,
WHEREAS, the Mayor and City Commission of the City of South Miami require
a fourth-fifths vote of the Commission, a supermajority, to approve a special use; and,
WHEREAS, on April 1St, 2008, the Mayor and City Commission by a 3-1 vote
denied the special use application pursuant to section 20-2.3(d) and 20-3.4(b)(22) of the
City of South Miami Code of Ordinances.
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Section 1: The Special Use Application submitted by Bryan Guarch of
Exotic Collections Car Rental requesting a Special Use Approval to operate an
automobile rental agency at 6136 S. Dixie Highway located in the "GR" General Retail
zoning use District is hereby denied.
Section 2: Findings of Fact. The Mayor and City Commission, after public
hearing held on April 1St, 2008, made the following findings based upon the record:
Additions shown by underlining and deletions shown by evefstfiking.
Res. No. 52- 08- 12649A
(a) A special use application pursuant to sections 20- 2.3(d) and 20- 3.4(b)(22)
of the City of South Miami Land Development Code was brought before the City of
South Miami City Commission on April 1st, 2008.
(b) Pursuant to the Land Development Code the automobile rental use
application was brought before the City's planning board on March 11, 2008.
(c) The City of South Miami Planning Department submitted a staff analysis
in support of the Department's recommendation that an automobile car rental agency be
approved as a special use at 6136 South Dixie Highway in the City's "General Retail,"
"GR ", zoning district. In support of its recommendation, staff opined, during the April 1St
City Commission meeting, that the automobile rental agency at the proposed location is
compatible with current uses in the GR zoning use district along South Dixie Highway.
Staff recommended approval of the application with the following conditions:
(1) No ingress or egress to the automobile rental agency shall be
permitted through abutting residentially zoned parcels.;
(2) Required parking spaces are to be designated for customers and
employees only, and not to be used for the storage of vehicles;
(3) Maintenance, mechanical repair or washing of cars on site is
prohibited; and,
(4) If the subject use is, in the future, determined by the Director of
Planning, to be adversely affecting the health or safety of persons
residing or working in the vicinity of the proposed use, to be
detrimental to the public welfare or property or improvements in
the neighborhood, or to be not in compliance with other
applicable Code provisions, the special use approval may be
modified or revoked by the City Commission upon notification and
public hearing.
(d) Section 2- 5.8(B)(1) of the Land Development Code entitled: "Special Use
Approvals," requires that prior to approving a special use application, the City
Commission shall find that the use meets the conditional requirements set forth in section
20 -3.4 and that it:
(1) will not adversely affect the health or safety of persons
residing or working in the vicinity of the proposed use;
(2) will not be detrimental to the public welfare or property or
improvements in the neighborhood; and
(3) complies with all other applicable Code provisions.
Page 2 of 4
Res. No. 52- 08- 12649A
(e) Section 2- 5.8(B)(2) provides for "Additional Conditions," which states
that the City Commission may designate such additional conditions in connection with a
special use as will, in its opinion, assure that such use will conform to the foregoing
requirement.
(f) As noted in the staff analysis, the GR zoning district, which includes the
surrounding properties to the applicant's site, provides for a retail mattress store to the
south, and a physical fitness facility to the North. The property to the rear of the
applicant's property includes a salon and spa and a personal skills instruction studio. The
testimony at the hearing indicated that the properties immediately surrounding applicant's
site have adversely impacted the district by causing overflow parking problems in the
swales and neighboring residential area due to the existing uses surrounding the proposed
site. As a result, the City has received numerous complaints from persons residing in the
vicinity concerning illegally parked vehicles and traffic congestion. This is supported in
the record by the testimony of the residents, particularly Sharon McCane, Ms. Harry, and
Ms. Ann Eldredge.
(g) Traffic congestion, overflow parking and illegally parked vehicles in the
immediate area are specific issues that the City is currently attempting to resolve within
the GR zoning district.
(h) The staff analysis and applicant presentation was devoid of any evidence
addressing parking issues or traffic congestion.
0) The Land Development Code requires that the City Commission make
specific findings prior to approving the special use application. The burden of proof
under section 5.8 of the Code specifically requires that the Commission make specific
findings prior to granting a special use approval. If the Commission is not satisfied that
sufficient competent substantial evidence has been presented to permit the Commission
to conclude that the proposed special use will not adversely affect the health and /or safety
of individuals working or residing in the vicinity of the proposed use; would not be
detrimental to the public welfare, property or improvements in the neighborhood, or that
the application complies with all other applicable code provisions, the Commission must
deny the special use application.
(k) As a special use application is site specific, the City Commission must
take into account the existing uses and current conditions when evaluating a new
application. In light of the foregoing, the specific testimony in evidence must be
presented before the City Commission concerning the parking problems and the traffic
congestion in that specific area in order to' permit the Commission to adequately evaluate
and endeavor mitigate the impacts of an additional special use in the area. The record is
void of any such testimony and as such the City Commission did not vote to approve the
special use application.
Section 3: Conclusions of law. Pursuant to section 20- 5.8(B)(1), the City
Commission, did not find, by a supermajority, as is required under the City Code, that the
application will (a) not adversely affect the health or safety of persons residing or
working in the vicinity of the proposed use; (b) not be detrimental to the public welfare or
property or improvements in the neighborhood, and (b) comply with all applicable code
provisions.
Page 3 of 4
Res. no. 52-08-12649A
Section 4: This resolution shall be effective immediately after the adoption
hereof.
PASSED AND ADOPTED this day of April, 2008
AT ES T:
Ca&VCLERK
READ AND APPROVED AS TO FORM:
CIT,,Y-A-rTORNEY
Page 4 of 4
)VED:
� 9 � J")—
R
CommissioA Vqte:
Mayor Feliu.
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Wiscombe:
Commissioner Beckman:
Page I of I
From: Luis FigueredoOfigue norn
Sent: Tuesday, June O3.2OO88:53AM
To: K8enendoz, Maria M.
Subject: RE: Resolution re: Rental Agency
Maria
I will modify the resolution. It does not have to go on the agenda. The resolution embodies the action taken by the
commission on that matter. Planning and zoning only prepared a resolution that approved the special use. The
commission did not approve the application. Since the applicant has appealed the decision the court needs an
order denying the application. The resolution memorializes the action taken by the Commission on April 1 st.
Accordingly it does not need hogo back un the agenda.
Luis
Luis R. Fignenado,
Nagin Gallop & Flguanado, P.A.
18001 {)|d Cutler Road, Suite 556
Palmetto Bay, Florida 33157
Telephone: (305)854-5353
Facsimile: (305)(854-5351
From: Menendez, Maria M. [maUtu:M .net
Sent: Monday, June U2,ZOO85:22PM
To: Eve8outsis
Cc: Luis Figueredo; Laura Manes
Subject: RE: Resolution re: Rental Agency
Do you want itosan "add on" item for tomorrow's meeting?
From: Eva Boutsis [nasUto:eboutsis@nof-law.conn
Sent: Monday, June O2r2OO8 5:11 PM
To: Laura Mares; MenendezMahaM.
Cc: Fiouenedo,Luis
Subject: RE: Resolution re: Rental Agency
Needs to be executed ASAP and a copy returned to me ASAP. Please.
From: Laura Manes
Sent: Monday, June O2, 2008 5;05 PM
To: 'Menendez, Maria M.'
Cc: Luis Flgueredo; Eve Boutyis
Subject: Resolution re: Rental Agency
6/3/2U08