Ord. No. 03-99-1677ORDINANCE NO.3-99-1677
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,RELATING TO AN AMENDMENT
OF SECTION 20-9 OF THE LAND DEVELOPMENT CODE TO INCLUDE
THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE
COMMUNITY SERVICE OVERLAY DISTRICT;PROVIDING FOR
SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS,in July of 1994,the community gathered together to
set forth a plan for the Charrette Too Study Area;and,
WHEREAS,the existing semi-public,community-based service
provider facilities,such as churches,mosques,synagogues and
temples,were addressed in the Charrette Too Study as follows:
Public buildings are instrumental in creating civic pride.The
public buildings of the community (and their grounds)should be
welcoming,confident,and well-maintained.The architectural
design and siting needs to reflect their permanence and importance
to the community*..Civic building sites should be permanently
designated,not considered ^non-conforming uses."For example,
churches should be treated by the regulations as permanent public
institutions.
and;
WHEREAS,on February 18,1997,the Mayor and City Commission
voted to create a Community Service Overlay District in order to
permit parking lots,out parcels,day care centers and additions
on those properties under the sole ownership of community-based
service providers,such as churches,mosques,synagogues or
temples;and,
WHEREAS,on February 2,1998,Mount Nebo Church,a
community-based service provider,attained additional properties
within the Charrette Too Study Area and wRS-4,""Single Family
Residential"zoning district from Miami-Dade County,which are
legally described as follows:
East 50 feet of West 200 feet of North 105.50 feet of East %of
Northwest M of Southeast X Less Streets,Section 25-54-40,Dade
County,Florida;and,
East 50 feet of West 150 feet of North 105.50 feet of East y2 of
Community Services Overlay Ordinance:2nd Reading November3,1998 1
Page2of Ordinance ";<v.3-JT9-1677
Northwest M of Southeast U Less Streets,Section 25-54-40,Dade
County,Florida;and,
East 50 feet of West 100 feet of North 105.50 feet of East y2 of
Northwest M of Southeast XA Less Streets,Section 25-54-40,Dade
County,Florida;and,
West 50 feet of North 105.50 feet of East y2 of Northwest XA of
Southeast XA Less Streets,Section 25-54-40,Dade County,Florida;
and,
WHEREAS,Mount Nebo Church attained said properties in order
to provide additional community-oriented services tothe
c ommunit y;and,
WHEREAS,On October 13,1998,the Planning Board voted 6-0
to recommend approval of the ordinance;and,
WHEREAS,the Mayor and City Commission find that it is in
the public interest to include said properties in the Community
Service Overlay District in order to allow Mount Nebo Church to
provide additional services to the surrounding community.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.Section 20-9.3,entitled "Boundaries,"is amended
to include the subject properties,as set forth in "Exhibit A,"
which is attached hereto.
Section 2.Figure 20-9.1 is amended to include the subject
properties,as depicted in "Exhibit B,"which is attached hereto.
Section 3.If any section,clause,sentence,or phrase of
this ordinance is for any reason held invalid or unconstitutional
by a court of competent jurisdiction,the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 4.In the event of any conflict between this
ordinance and prior ordinances or resolutions,this ordinance
shall govern.
Section 5.This ordinance shall take effect immediately at
the time of its passage.
CommunityServicesOverlay Ordinance:2nd ReadingNovember 3,1998
Page 3of Ordinance No.3-99-1677
PASSED AND ADOPTED this19tnday of January ,1999
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM
/cS.Gtxz;J<'<?A-
CITY ATTORNEY
APPROVED:
r^s^j
MAYOR
COMMISSION VOTE:5-0
Mayor Robaina:Yea
Vice Mayor Oliveros:Yea
Commissioner Bethel:Yea
Commissioner Feliu:Yea
Commissioner Russell:Yea
c:\...\ldc \C2-Overlay-Ord Amendment.doc
CommunityServicesOverlay Ordinance:2nd ReadingNovember 3,1998
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
To:MayorandCityCommission ^^Date:January 14,1999
I j*Agenda Item #
From:Charles D.Scurr /'//1/jCt^'Re:Comm.Mtg.01/19/99
City Manager //f{04/^Community Service Overlay
£
REQUEST:
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI.
FLORIDA,RELATING TO AN AMENDMENT OF SECTION 20-9 OF THE LAND DEVELOPMENT
CODE IN ORDER TO INCLUDE THOSE PROPERTIES LEGALLY DESCRIBED HEREIN WITHIN
THECOMMUNITYSERVICE OVERLAY DISTRICT:PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND &ANALYSIS:
On February 18.1997,afterinput from the community,theMayor&City Commission created
the Community Service Overlay District in order to provide forthe special needs of community-
based service providers.Specifically,the district was created to permit parking lot
improvements,out-parcel development,day care center facilities and building additions for those
properties underthesole ownership of community-based service providers,suchas churches,
mosques,synagogues,and temples.
On April 13,1998.Pastor Emanuel Whipple of Mount Nebo Missionary Baptist Church
submitted a letter tothe Planning &Zoning Depanment.requesting theCity's review of
development plans forthe church's property.The development plans included properties which
the church had purchased on February 2,1998.from Miami-Dade County in order to provide an
educational facility for at-risk students.The properties arenotin the Community Service
Overlay District and are currently zoned single family residential.The single-family residential
zoning districtdoesnotpermitthechurch's proposed use.
The proposed ordinance would amend the Community Service Overlay District to include the
subject properties,allowing the subject properties tobe developed pursuant to Section 20-9 of
the Land Development Code.As a result,the Church's request to locate a school facility on the
premises could be approved pursuant tothe special use process.
On August 11.1998.the Planning Board deferred review ofthe proposed ordinance in order to
allow Mount Nebo Church the opportunity to submit a site plan and other information,which
would better identify the anticipated development of the subject property.
The attached letter of intent explains that the proposed facility would be used for continuing the
education of"at-risk children."The classes would accommodate an estimated 75 children,and
various activities would operate between 7:30 a.m.to 9:00 p.m.Overall,the proposal would
provide valuable services to the community and substantially improve vacant property;however,
it also presents two very important potential impacts to consider:
(1)The surrounding area is largely single family residential.The proposed school facility would
most likely generate more traffic and noise than single family residences.
(2)Thisrequesttoexpandthedistrictis probably thefirst of several,asthereare several other
properties in the area owned by community churches.The approval of this request may serve
asaprecedenttofutureapplicants,thereby,allowingtheareatoaccommodatemore intensive
permitted and special uses,such as churches,day care centers,aclfs.counseling services,
funeral homes,and schools,rather than the single family homes for which the underlying
zoning is intended.This shift in use is not necessarily negative;in fact,it could be a positive
development for the community.But.it is essential that the decision to approve or
disapprove bea conscious one.
In addition to the above potential impacts,itis important to note that (1)ifa non-church were to
buy the subject properties,the subject properties could only be used as single-family residential
properties;(2)the proposed school use and any other "intensive"use,which requests to be
located in the District,would require special use approval;and (3)the Church has proposed to
utilize a "modular"building,which may or may not be compatible with City standards,however,
that aspect of the application will be considered as part of the special use application and
permitting process—not as part of this ordinance to amend the zoning district.
On October 13.1998,the Planning Board voted 6-0 to recommend approval ofthe application.
The item has been deferred since November 3.1998,in order to enable the City Commission and
the CRA Board to determine the CRA Board's role in the legislation of such matters.
RECOMMENDATION:Approval.
Attachments:
Proposed Ordinance
Exhibit A
Exhibit B
County Deed
Letter from Pastor Emanuel Whipple,dated April 1,1998
Letter from Pastor Emanuel Whipple,dated September 14.1998
Site plan
Minutes from 8/11/98 Planning Board Meeting
Minutes from 10/13/98 Planning Board Meeting
Exhibit A
20-9.3 Boundaries
Thepropertiesinthe Community Service[CS]overlayzoningdistrictareindicatedasdarkened
areasinFigure20-9.1(seeattached)andarelegally described asfollows:
Lots 7,8and12 ofBlock 1,PINES SUBDIVISION,according to the platthereofas recorded in
PlatBook13atPage2 ofthePublicRecords ofDade County,Florida;and,Lots31,32and33
ofBlock5,Lots34,35and36 ofBlock 6,andthealleylying between Lots34and35,Lot 40,
less the west 15feet thereof,Lots 41,42,43,44,45 and 46of Block 7,and4feetof the alley
lying south and adjacent toLot 46.Lots 70 and 71 of Block 12.andLot87 ofBlock 15and 7V3
feet ofthealleylyingwestandadjacenttoLot 87,lessroadway dedications.FRANKLIN
SUBDIVISION,according to the plat thereof,as recorded in Plat Book 5at Page 35of the
Public Records ofDade County,Florida:and.Lots 1,2,3.4,5,6,9,10,11,12,13,25,and 26,
RE-SUBDIVISION OF TOWNSITE OF LARKINS.according to the platthereofas recorded in
Plat Book 4at Page 1of the Public Records of Dade County,Florida;and,Lots 12,13 and 14 of
Block 2,TOWNSITE OF LARKINS SUBDIVISION,according to the plat thereof as recorded in
Plat Book 2at Page 105 of the Public Records of Dade County,Florida;and,the North V2 ofLot
5,Lots 6,7,8,9,10,11,12 and 13 of Block 2,and Lot 4 ofBlock 4,less roadway dedications,
AMENDED PLATOF HAMLET,according totheplatthereofasrecordedinPlatBook4at
Page48 ofthePublicRecords ofDade County,Florida;and,East50 feet of West 200 feet of
North 105.50 feet ofEast V-ofNorthwest 'A ofSoutheast lA LessStreets.Section25-54-40.Dade
County.Florida:and.East 50feet of West150feet ofNorth 105.50 feet ofEast lA ofNorthwest
'A ofSoutheast 'A LessStreets.Section 25-54-40.DadeCounty.Florida:and.East50feet of
West100feet ofNorth105.50feet ofEast 'A ofNorthwest lA ofSoutheast 'A LessStreets.Section
25-54-40.DadeCounty.Florida:and.West50feet ofNorth105.50feet ofEast 'A ofNorthwest
Va ofSoutheast 'A Less Streets.Section 25-54-40.Dade County.Florida.
i'6-oz 3wnnu
\i i I
a wiira
&417965*1890
COUNTY DEED
98RC+872*1TO FEB 02
THIS DEED .made this _2nd_day of FEBRUA *Y 1998.by Miami-Dade
County .Florida (f/k/a Metropolitan Dade County .Florida).a political subdivision of the State
of Florida,called "COUNTY"and DESTINY HUMAN SI RVICES CORPORATION .of 6075
S.W.64 Street,South Miami,Florida 33134,hereinafter c died "DEVELOIER".
ttin n^^l''?*l^0™™for**in consider«ion °f*e sum iSfTEN DOLLARS($10.00),to it»hand paid by the DEVELOPER,receipt cfwhich is hereby acknowledged
granted,bargained and sold to the DEVELOPER,its heirs,ind its assigns,st oject to the right of
reentry set forward beiow,the land lying and being in DadJ County,Florida:
DOCSTPDtlE 0.00 8URTX
HARVET fJUVINt CLERK DADE COUNT
See Exhibit "A"Legal Deicription (Attached Hereto
This Deed conveys only the interests ofDade County and i
the property described herein,andnot warrant titlethereto
I.This Conveyance is made subject to the following covenants running with the
land,and setting forth the right of reentry ,
A.Developer will commence work on \he Project Improvements (the
•
improvements"),as outlined andd acribed in Schedule "A"attached
herein,and complete such improvements in accordai.ee with Schedule
kA".
sBoard ofCourriy Commisionersin
a wit:
B.
C.
S&I7965KI86
Promptly after completion of
approved plansandprovisions of
the Developer an appropriate
completion of the Improvements,
recordable intheOffice of the Cleri
Florida.
ths
tlis
Improvements in accordance with
Instrument,the:County shall rurnish
certifying to the satisfactory
Such certification shall beina form
of the Circuit G.urt of Dade County.
Instilment
The Developer agrees for itself,it:
Property orany part thereof,that
assigns shall:
Not discriminate upon the
national origininthesale.
of the property orany
hereon or on any pan thereof
thefullestextentpermitted
favor of.and enforceable by
and any successor in interes:
TheCountyshallhavethe
such covenants,to exercise
maintainanyactionsor suit*
proceedingstoenforcethe
whichitoranyother
entitled.
successorsandassigns,toor of the
i
lie Developerandsuch successors or
sasis of race,color,religion,sex or
or rental orintheuseor occupancy
erected orto be erected
and this covena.it shall be binding to
law and equity,'for the benefit and in
1he County,its suscessors and assigns,
tothe property,orany part thereof.
r%ht in the event of any breach of any
all the rights aiid remedies;and to
I
atlaworinequityorother proper
i
cjuring of such bnrach of covenant,to
beneficiaries of such covenant may be
lei ise
Im movements
bv
D.
V gl7965RlolZ
The Developer (or Successor in Interest),shall pay ,he real estate taxes or
assessments on the property or any ,an thereof when:due.Developer shall
not suffer any levy or anachmei,,o be made.'or any m«e„ai or
mechanic's lien,or any unauthorized eneumbnuu*or lien to attach,
except:
a)Any mongage(s)in favor 0f any institutonal lender for the
purpose of financing any hird costs or soft costs relating to the
construction of the Improvements man arn<Lnt(s)not to exceed
the value of the Improvemen s as determined jiy an appraiser;and
Any mortgages)in favor cf any institutional lender refinancing
any mortgage of the charactf rdescribed in cliluse (a)hereof;in an
amoum(s)not to exceed {he value of 4 Improvements as
b)
c)
determined by an appraiser.
The recordation,together wth any mortgage;purporting to meet
-1
the requirements of clauses (;
byaMember of American
J)or(b)above,ofa statement of value
Institute of Reiil Estate Appraisers
CMAI"),(or member of an r similar or successor organization),
stating the value of the Impi overnents is eqiild to or greater than
the amount of such mon|[age<s)t shall dlnstitute conclusive
evidence that such mortgage neets such requiiements,and that the
right of any reentry hcreundi r shall be subject to and limited by,
and shall not defeat render ir valid,or limit many way,the lien of
such mortgage.For purpose of this paragraph an "institutional
3
V''••«E:I7965BjAb3
•ender -shall mean ,ny bank,saving,^loan ^^
insurance company,foundation or other charitable entity,tea,
estate or mortgage nvestmen,trust pensio„^^
Federal National Mortjage Association:agency of the United
States Government or,>ther governmental agency.
E.Developer shall „ot „„&,^^or ^^^^
consent of the County and shail nc,change the owtprship or disuibution
of me stock of the Developer or with respect to the Identity of the parties
in control of the Developer or the de gree thereof.
In the even,the Developer shal,violate or otherwise fai,,.,comply with anv of the covenants set
form herein or Schedule -A"anached herein,the Oeveloper shall Urrec or cure the
defauit/vio.ation within thirty (30)days of notificauor of the default by the Coumy.,f
Developer fails to remedy the default within thiny (30)dys.the County sL have the right to
reenter and take possession of the property and to termina,a(and revest in tie County)the estate
conveyed by this Deed to the Developer provided,that an,such right to reLrry shall always be
subjected to and limited by.and shall no,defeat,render mvalid,or limit i,;any way the lien of
any valid mortgage or Deed or Trust pennitted by this Dec I.
4-
RU».I I vAJW<«I
WITNESS WHEREOF,the said County has causud these presents'to be executed in its
inamebyitsBoardofCountyCommissionersactingtl[rough the May^r,the day and year
aforesaid.
Dade County,Florida
ByitsBoard i>f County Comrriissioners
Mayor
«ff oou«*»t arn
ATTEST:^^••••#
PrimedSigns urc of Mayor
Stephen P.G ark Center
111N.W.1st Street,17th Floor
Miami.Floric a 33128
Harvey Ruvin,Clerk of CircuitCourt
By:^
Clerk Signature
By:<4F/rl~+J*'c4-\l A<10V*/o
DeputyClerk Printed Signature
Stephen P.Clark Center
111 N.W.1st Street Suite 210
Miami,Florida 33128
Preparedby:Sidney Beckom
Dade CountyOffice of Community and
EconomicDevelopment
140 West Flagler Street Suite 1100
Miami.Florida 33130
STATE OF FLORIDA
COUNTY OFDADE
:.§K;|:7965PCI865
ACKNOWLEDGMENT OF fRUSTEE
ADMINISTRATOR,EXE :UTOR
GUARDIAN OR ANY PERSCN ACTING
IN A REPRESENTATIVE CAPACITY
The foregoing instrument was acknowledged befor rme this tJ*«0 ',3-P H9P
A/g^a^cU*P^OejciA JV^V by
orwho has produced
did(didnot)takean oath.
ou.
Signatttfejof Person Taking Acknowledgment:
*
whois personally knownto mc
"|
,asidentificationandwho
Name -Printc dor Typed
9 T.ft»«-DM_1,
Ark
Title or Rank
Seriai Number
WITNESS,my hand and official seal,this _22_da|of 7?»tZM*_s ,A.D.,19 <rf-
^L^r
rr;:;:iTH f.gulostrano
Printed Signature of Notary
My Commission expires
•ftTfafclAL U&TAJU Srfaj.KINNETHFCUU3STWJD
,.^TrTT1MBsfnMPCP'iAr4l82QCQ
S&17965TCI8BB
IMPttOVPvnii
Schedule "A
I.PARKING LOt
H.EDUCATION AhTOSEOTORCn}lZENFACILrnSS
I.ParkingLot
c££2E t*^t.dcvei°Pfd fa ^ordance wi the City of Souili Miami Building andConstructionRegulations.Cbnstruction of imp*>vements consist ng of asphaHalinTdranage,ughtmg and fencing shall begin within tl xec (3)month.t%n d^ihSS
and be completed within six (6)months from the si art of construction
The parking lot shall be developed on the followm ;described propeny:
SUBDIVISION,as recorded inPftTCgi11-1,Lots 66 and 67,in Block 11,FRANKtlN
Plat Book 5,at Page 20,Dade County,Florida.
Folio No.09-4025-010-0660
Pared 11-2.Lot 68,in Block 11 and 7.50 feet Allcl
R-92-1515,FRANKLIN SUBDIVISION,as
County,Florida.
Folio No.09-4025-010-0670
,Lying West ami Adjacent Closed Per
recoxjied in Plat Book 5,at Page 20,Dade
tooUidJ^L Lot 69,Block 12 and 7.50 feet Al ey.Lying East and Adjacent ClosedJ^^1515-«AN10JN SUBDIVISION,as ncorded in Hat bJSSSTDadeCounty,Florida.i «**.*«,
Folio No.09-4025-01CW)6S0 -6051 S.W.64 Strt et !
II.Educational andSeniorCitizen Facilities
The Educational Facility will offer such programs
Program,a Youth Alternative Program for at-riik
from local schools,but would like to continue
counseling.
aschild care,ah After-School Tutorial
students who have been suspended
academic studied,as well as receive
The Senior Citizen Program will provide daily hot
etc.
i>neals,recreationii activities,adult care.
The design and construction of the facilities shall begin within twiimy-four (24)months
from date of this Deed and be completed within thirty-six (36)months from the start of
construction.The improvements shall be upon the following propexr
Page 1 of 2
Schedule "A"Improver lents
r
Exhibit t4A'
PameMH
Folio No.09-4025-010-0660
6001 S.W.64 Street
\as recorded in j>!at Book 5,at Page
Parcel T^7
FRANKLIN SUBDIVISION,as recorded in Plat Book 5,
Folio No.09-4025-010-0670
Page 2 of 2
LegalDescriptions-Exhibit "A*
apjacent Closed Pt r R-92-1515
'at Page 20.Dade County.Florida.
exmou "A
Legal Description
Parcel 21.7
East 50feetofWest200 feet of North 105.50 feet of Easi
Southeast MLess Streets,Section 25-54-40,Dade County
Folio No.09-4025-000-0790
6048 S.W.64 Street
Parcel 21^4
East 50feet ofWest 150 feet of North 105.50 feet of East |V*
Southeast V*Less Streets,Section 25*54-40,Dade County
Folio No.09-4025-000-0720
Parcel 21 -3
East50feet of West 100feet of North 105.50 feet of East
Southeast 14,Section 25-54-40,Dade County,Florida.
Folio No.09-4025-0004)900
Vx of Northwest A of Northwest lA of
Florida.
of Northwest U of Northwest lA of
Florida
'V4 of Northwest >»of Northwest Mof
Pmr«m-/»
West 50feet of North 105.50 feet of East V*of Northwest
Section 25-54-40,DadeCounty,Florida.
Folio No.09-4025-000-0700
6096 S.W.64 Street
V4 of Northwest **of Southeast V4,
ParceM4.11.ni
Lot69,inBlock 12 and 7.50 feet Alley,Lying East and
FRANKLIN SUBDIVISION,as recorded inPlatBook5,
Folio 09-4025-0104)680
6051 S.W.64 Street
Page1 of2
LegalDescriptions-Exhibit "A**
aojacent Cosed Pes*R-92-1515,
atPage20,DadeCounty,Florida.
kJ«»««WMM«^'"»"U»
Page2
tt^iWfbltibuu rcc.11 au^«wi v^^
puggui--*
East50feet of West 200feet of North105.50feet
Northwest V4 of Southeast V4,Less Streets.Section(25
Folio No.09-4025-0004)790
i>f East V*of Northwest kA of
^-54-50.Dade County,Florida.
PaTCTl 2M
East 50 feet of West 150feet of North 105.50 feet
Northwest V4 of Southeast V4,Less Street,Section
Folio No.09-4025-0000720
}f East V*of Northwest %of
;15-54-40,Dade County,Florida.
Parol 21-S
East 50 feet of West 100 feet of North 105.50 feet jof East Vi of Northwest K,of
Northwest \A of Southeast V4,Section 25-54-40,Dj ide County,Floriia.
Folio No.09-4025-000-0900
Parcel 21-6
West50feet of North 105.50 feet of East Vi,of Northwest W,of Northwest *A of
Southeast W,Section 25-54-40,Dade County,Honda.
Folio No.09-4025-0004)700
In the event that construction has not staned en the Educationil and Senior Citizen
Facilities prior to,or within twenty-four (24)morths from date of this County Deed,the
developer may erect temporary facilities to admi lister programs ttescribed herein.The
duration of use of said facilities shall be in accorda see with the legally allowed time period
pursuant toCity of South Miami regulations,or
of permanent improvements have been secured,*hichever comes first,but subject to the
following paragraph below.
If,after 7 years from the date of this County Ceed.The Parking Lot and peunaucm
Education and Senior Citizen Improvements hive not been completed,the County
reserves the right to reenter and take possessim ofthe property that has not been
developedin accordance withthisCounty Deed.
untiladequate fuhding for construction
Page2 of 2
Schedule "A"Improvements
OFQAOecOVNTr.HOMO*.
*ccom)vcRinco
HARVEY RUVIN
,,e*rmcuir nouttr
33HS H3A00 SlllWISOVd
September 14,19!tt
Mr.Gregory J.Oijavec,Planner
dry of South Mil nd
6130 Sunset Drivo
South Miami,FL 33143
Dear Mr.Oravec,
Attachedyouwii find aSchedule of theplansthatwe have-in regards to thu proposed useofthe
landthatis now Vacant thatisbothSouthandEast of the Jrlt.NeboMission lry Baptist Church,
located at 6075 S ,W.64th Street.
If you have any questions regarding this natter,please call me at 667-3696.
Sincerely,
Emanuel Whippljc
Resident
The CIrricilium that will be used is High Scope
Head**'Start (Program.
yanout programs will be catered to students all ever Dade Cbimty,however,
"tobe filled with children from the Sodth NGarni AreaUteause there is
*for these programs due to the f act that the Head Start Program is
AO of the
itb
such a demand
expect sd
e Learning,
students all
one of wh&h is used for
aFederallj FundedProgramfor Low Income FamiUes.
The facilities are expected tobeutfflzedfrom 7:30 Ln.to 9r00 pan.
We are also making arrangements to lease mebuilding that will be west of the Church
for anotherf youth project to accomodate the S«im Miami Acaden^fcr a ww^that
have receri >ed funding through the Department of hvtttfle Justice toit bin need of
space that wffl consist oftwocla«rcco»to ac«oxidate(50)child^^Teachers aod
•ad Admiaistrativc Offices.Tlibnii^ing wul be c<ranngdhrcdy through u»C3ty
of South MoamL
Ifthe fecfi ay is not utilized as stated above the -^
educations 1 programs andAdministrativeOffices.
will beutilizedfor additional
The educa ionai facilities shall be o%veice<rf on the foUowing property:
Bnre8!?^I
50 fe*East
Northwesi
Folio
of West 200 feet of North 103 JO feet ilast 1/2 of the Northwest 1/4 of
l/4of Southeast 1/4,Less Streets Secticat 25 54-50,Dade County,Florida.N&09^1023-0004790 7t ^^
Eaeejili
East 50
Northwes
Folio Na
fe«ofWest 150 feetof North 105.50 feetof East 1/2 of Northwest 1/4 of
1/4 of Southeast*1/4 Leas Street,Scctiok 25 54-40,Dade County,Florida.
09-4023-000-0720.^
East 50 F *t of West 100feet of North 105JO
Northwest 1/4,of Southeast 1/4,Section23-34-4(1
Folio NoJ 09-4025-000-0900.
fiBGGGLsUk
feed East 1/2 of Northwest 1/4,of
Dade County,Florida.
West 50 feet ofNorth 105JO feet of East 1/2,of Northwest 1/4 of Southeast 1/4,
Section 2 5-34-40,DadeCounty,Florida.
Folio Noj 09-4023-0700 I
improvements;
i
I.PARKING LOT:
H.EDUCATION AND SENIOR CITliENS FACILm)lS
I.Parking lot
Apwrking lot shall bedeveloped In accordance wMttteatytfSotto
and Cbiat actions Regulations.Ccaiitnictionof imprcwmeflttconastiimpaving,dr linage,Hgfadn*and fencing.^^^
The parkii glot shall be developed on the foUo^^described propenty:
Parcel 11-^
Lou 66 ex d 67,in Block 11,FRANKLIN SUBDI\ISION,as recorded in
Flat Book 5,at Page 20,Dade County,Honda.
Folio No.09-4023-010-0660
Parcel 11-L
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Dade Couity,Florida.'
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Dade County Florida.
FolioNo.0*4025-010-0680 -6031 S.W.64th Stn et
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SUMMARY MINUTES
REGULAR MEETING
Planning Board
Tuesday,August 11,1998
City Commission Chambers
7:30 P.M.
I.Call toorderandthe Pledge of Allegiance tothe Flag
A.Mr.Pages,Chairperson,called the meeting to order.
II.Roll Call
A.Board members present constituting a quorum
1.Mr.Pages;Mr.Huggins;Ms.Chimeiis;Mr.Wiscombe;Mr.Lefley
B.Board members absent
1.Mr.Morton;Mr.Basu
C.City staff present
1.Greg Oravec (Acting Director,Planning &Zoning)
III.Public Hearings
A.ITEM:PB-98-016
Applicant:Mayor&CityCommission
Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA,RELATING TO AN AMENDMENT OF SECTION 20-3.3
(D)OF THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE
"FRATERNAL ORGANIZATION OR PRIVATE CLUB"USE AS A SPECIAL USE IN
THE "PI"PUBLIC/INSTITUTIONAL ZONING DISTRICT;PROVIDING FOR
SEVERABILITY:PROVIDING FOR ORDINANCES IN CONFLICT;AND
PROVIDINGFORANEFFECTIVEDATE.
1.Mr.Hugginsreadtherequestintothe record.
PBMin 08-11-98
item on a citywide basis,with respect to any business or any catering service and not just with
respect to the Elks Club.
e.Ms.McCann stated that she is "vehemently opposed"to allowing a business in PI zoning
districts,and she questioned the City Manager's ability to revoke an approval.
f.Ms.McCann closed by adding that because an organization wishes to have a business within
the PI zoning district,such a desire is insufficient justification to permit it.
g.Prior to closing the public hearing,Mr.Pages explained that allowing the Elks Club to proceed
was done in order to "flush out"broader issues relating to catering services associated with
fraternal organizations.
16.Publichearingwas closed.
17.The Board continued with review of the application.
a.In response Ms.Chimelis's inquiry regarding if the level of food service would be sufficient
for someone without having to cater offsite or to outside interests,Mr.Walker replied that
catering services are probably economically necessary for the individual performing cooking
services at the Elks Club.
b.Mr.Wiscombe explained that he is attempting to examine the item in regard to its impact on
PI zoning districts citywide,as citizens are concerned as to the negative effects on surrounding
residential areas.
c.In regard to discussion on the proposed catering use,staff explained that the important
question is whether or not such a use would be appropriate as an ancillary use in PI zoning
districts.
d.The Board and staff discussed how the Planning Board should proceed with the item,and staff
noted that the City Commission is looking for input from both the public and the Board.
18.Motion:Mr.Lefley moved to disapprove the application,as presented.Ms.Chimeiis
seconded the motion.
19.Vote:Approved:5 Opposed:0
C.ITEM:PB-98-018
Applicant:Mayor andCity Commission
Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI,FLORIDA,RELATING TO AN AMENDMENT OF SECTION 20-9 OF THE LAND
DEVELOPMENT CODE TO INCLUDE THOSE PARCELS LEGALLY DESCRIBED HEREIN
WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT;PROVIDING FOR
PBMin 08-11-98
SEVERABILITY;PROVIDINGFOR ORDINANCES INCONFLICT;AND PROVIDINGAN
EFFECTIVE DATE.
Location:East 50feet of West 200feet of North 105.50 feet of East XA of Northwest lA of
Southeast lA Less Streets,Section 25-54-40,Miami-Dade County,Florida;and,
East 50feet of West 150feet of North 105.50 feet of East XA ofNorthwest lA of
Southeast lA Less Streets,Section 25-54-40,Miami-Dade County,Florida;and,
East 50feet of West 100feet of North 105.50 feet of East */2 of Northwest lA of
Southeast lA Less Streets,Section 25-54-40,Miami-Dade County,Florida;and,
West 50 feet of North 105.50 feet of East XA of Northwest lA of Southeast lA Less
Streets,Section 25-54-40,Miami-Dade County,Florida.
1.Mr.Wiscombe readtherequestintotherecord.
2.Staff presented theitemtothe Board,reviewinga City's Manager's report,dated June 9,1998,
and noting background information ontheCity's establishment of theCommunity Service
Overlay District in 1997.
3.Publichearingwas opened.
a.Mr.DavidTucker,Sr.,of 6556SW78 Terrace,signedinandspokebeforethe Board.Mr.
Tucker began by explaining that questions had been raised as to actual ownership of the
properties involved and that concerns had been expressed as to the amount of paving taking
place.
b.Staff explained that this ordinance,unlike the others considered earlier,does apply to a
particulararea.
c.Staff further explained that the City had addressed questions in regard to ownership,as the
deed states "Destiny Human Services Corporation"and not Mount Nebo Missionary Baptist
Church,and thatthe concerns involving the amount of paving willbe addressed later in the
process,including ERPB review.
d.Staff noted that the property had been acquired bya corporation,specifically "Destiny Human
Services Corporation",which is associated with Mount Nebo Missionary Baptist Church,as
Miami-Dade County didnotwishto deed property toa religious affiliation.
e.Mr.James Bowman,of 6250 SW60 Avenue,signed into speak before the Board.Mr.
Bowman opened by explaining that,from the information presented thus far,he was opposed to
the application.
f.Mr.Bowman suggested that,before the City moves forward with the application,clarification
of issues maybe necessary,such as in regard to plans for future facilities.
PBMin 08-11-98
SUMMARY MINUTES
Regular Meeting
PlanningBoard
City Commission Chambers
Tuesday,October 13,1998,7:30p.m.
I.Calltoorderandthe Pledge of Allegiancetothe Flag oftheUnitedStates of America
A.Mr.Pages,Chairperson,calledthemeetingtoorderat7:36p.m.
II.Roll Call
A.Members present constituting a quorum
1.Mr.Pages,Mr.Lefley,Mr.Basu,Mr.Morton,Mr.Huggins,Ms.Chimeiis
B.Member absent
1.Mr.Wiscombe
C.City staff present
1.Charles Scurr (City Manager);Gregory Oravec (Acting Director,Planning &Zoning);Fernando
Rodriguez,(Director,Public Works);Ron Stroyne (Parking Director)
III.PublicHearings
A.ITEM:PB-98-018
Applicant:Mayor and City Commission
Request:AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI,
FLORIDA,RELATING TOAN AMENDMENT OF SECTION 20-9 OF THE LAND DEVELOPMENT
CODETO INCLUDE THOSEPARCELS LEGALLY DESCRIBEDHEREINWITHINTHE
COMMUNITY SERVICE OVERLAY DISTRICT;PROVIDING FOR SEVERABILITY;PROVIDING
FORORDINANCESIN CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
Location:East50feet ofWest200feet of North 105.50 feet of East XA of Northwest lA of
Southeast XA Less Streets,Section 25-54-40,Miami-Dade County,Florida;and,East 50
feet of West 150 feet of North 105.50 feet of East XA of Northwest %of Southeast lA
Less Streets,Section 25-54-40,Miami-Dade County,Florida;and,East 50 feet of West
100 feet of North 105.50 feet of East XA of Northwest XA of Southeast XA Less Streets,
Section 25-54-40,Miami-Dade County,Florida;and,West50 feet of North 105.50 feet
of East lA of Northwest XA of Southeast XA Less Streets,Section 25-54-40,Miami-Dade
County,Florida.
PB Min 10-13-98 {
1.Mr.Mortonreadtherequestintotherecord.
2.Staff presented theitemtothe Board,relating background information onthe establishment of the
Community Service Overlay District in 1997.
3.Staff continued by noting background information relative to tonight's request,including Pastor
Emanuel Whipple'slettersubmittedonApril 13,1998,and Planning Board's deferral of theitemon
August 11,1998.
4.Staff explained Planning Board's deferral,including the Board's desire to review the actual proposal
for property purchased by Mount Nebo Missionary Baptist Church in February 1998.
5.Staff further explained that additional information onthe proposal hadbeen submitted for the
Planning Board'sreview,including a letter of intentandasite plan.
6.Staff asked that the Board,in reviewing this information,seriously consider two major points
involved,as outlined on page 2of an inter-office memorandum entitled Community Service Overlay
District and dated October 12,1998.
7.The public meeting continued.
a.Mr.Lefley inquired as to page 2of the subject memorandum,specifically item (2),asking if several
of thelisteduseswere "essentially commercial."
b.Staff acknowledged thatsome of the listed useswere commercial and reiterated thatthatwasan
important pointto consider during review of the request.
c.Staff elaborated that the Community Service Overlay District had been established for existing
properties,including currently existing churches;now,property currently zoned RS-4 is being
considered for incorporation intotheDistrict.
d.Mr.Lefley asked if "opening up"for commercial uses was involved and staff responded that,while
they are more "intensive,"such uses would have to be associated with the not-for-profit.
e.Mr.Lefley inquired as to the transfer of County property that had occurred and staff replied that the
County could not complete the transfer to Mount Nebo Church directly,but with the not-for-profit
associated with the Church.
f.Mr.Scurr noted that churches have established private,non-profit corporate "arms"to provide such
things asdaycare centers.
g.Mr.Lefley inquired to whether a wholly-owned church corporation operating a funeral home is
competition with theprivatesector.
PBMin 10-13-98
h.Mr.Scurr replied that,while mention of a funeral home use had not been made thus far,special use
provisions would provide asafeguard and that,in regard to the application at hand,a precedent may be
set with adaycareuse.
i.Mr.Lefley continued by asking that,if social services or traditional services run by churches and
church-affiliated groups are at the heart of the matter,whyis the ordinance so "broad"to include
several other uses.
j.Staff related that past efforts on the part ofthe City relating to this matter resulted in awhat may be
called "community services",including funeral homes,being provided by community providers,such
as churches.
k.In regard to the map,Exhibit B,figure 20-9.1,staff clarified that the darkened parcels on those in the
District,with the arrow indicating the properties included in the request.
1.Mr.Pages asked staff to indicate the approval process involved for properties in the District.
m.Staff stated that permitted use by right includes church,temple,or synagogue;community
residential home having six residents or less;day care center having seven or more children;single-
family dwelling;and park or playground,public or private.
n.Staff stated that special use approval includes ACLF;community residential home having seven
residents or more;counseling services;funeral home;school,elementary or secondary;and school,
vocationalorspecialprograms.
o.Mr.Morton asked ifit would be possible for the Board recommending deletion some of the included
uses,such as funeral home,and staff responded that such a recommendation can be forwarded to both
the City Commission and staff via memorandum,following which staff can proceed with preparing the
updated ordinance.
p.Mr.Scurr inquired as to whether or not any churches in the neighborhood have funeral home
services,and Pastor Whipple replied that there are none in the City of South Miami.
8.Publichearingwasopened.
a.Pastor Whipple,Sr.Pastor ofthe Mount Nebo Missionary Baptist Church,explained the proposal,
noting that the intention is to open a pre-K school and a tutorial school for the community.
b.Mr.David Tucker,Sr.,of6556 SW 78 Terrace,related his opinions regarding the request,including
that bettering the educational process is a"great undertaking"and that offering tutorial support is an
importantserviceforthecommunity.
PBMin 10-13-98
c.Mr.Tucker continued by opining that the request,overall,represents a "community concern",which
will eventually benefit the community's future,and he asked that the Planning Board carefully '
consider the details ofthe request in order tohelpmakethat happen.
9.Publichearingwasclosed.
10.The public meeting continued.
a.Mr.Basu inquired astothe placement of a modular trailer,and staff clarified thatthe structure would
be a prefabricated unit,tobe attached toaslab.
b.Staff noted that,while the City's code does not prohibit such a unit,it would be reviewed by the
ERPB for its aesthetic "compatibility"withthe neighborhood.
c.In response to Mr.Basu's questions concerning the unit,a second representative,Mr.Santiago
Cuello,spoke before theBoard.
d.Mr.Basu noted that the structure must meet the South Florida Building Code (SFBC)and asked as
to how the structure would be constructed.
e.Mr.Cuello began by explaining that the structure is constructed according to the Florida Building
Code and would therefore meet the SFBC and is approved by the State of Florida,Department of
Community Affairs (DCA).
f.Mr.Basu inquired as to whether the structure had been approved by Dade County,and Mr.Cuello
replied that the County isto accept structures approved by DCA.
g.Mr.Basuaskedhowhighthe floor wouldbeand Mr.Cuellostatedthatitwouldbe raised
approximately 28"to34",with34 inches being themaximum.
h.Mr.Cuello continued by stating that a concrete footing and a reinforced concrete slab would be
used.
i.Mr.Basu attempted to clarify by summarizing that foundation walls "coming up"30 inches,with a
slabatgrade,would be used.
j.Mr.Cuello replied that the slab comes prefabricated,with footings placed at different locations and
with anchors"allthe way around."
k.Discussion on the unit continued,and Mr.Basu inquired as tothe materials tobe used.
1.Mr.Cuello responded that plywood,gypsum board,fiber cement,and a rubber roof would be
included.
PBMin 10-13-98 ,
m.Mr.Basu inquired as to how the site plan relates with the church property,and staff replied that the
churchpropertyislocatedacrossthestreet.
n.In regard to parking,staff confirmed that more parking is being provided than what the City code
requires.
o.Mr.Basu inquired as to City code provisions applicable to the prefabricated structure,and staff
confirmed that there are no such code provisions that address the prefabricated structure.
p.Staff noted that ERPB would review the structure for its architectural merit and compatibility with
the surrounding neighborhood.
q.In regard to approvals of the structure,Mr.Basu noted that while DCA may have approved the
structure,Dade County must approveitaswell.
r.Staff replied that in consultation withtheCity's Building Director,who would review the structure
for compliance with the SFBC and with the City's code,Ms.Sonia Lama had explained that there are
nogroundsfor disapproval of thestructure.
11.Thepublic meeting continued.
a.Mr.Morton inquired as to the 15-foot alley shown on the sketch,and staff responded that the
incorrect site plan was included in the Board's informational packet and that the correct one was being
presentedtotheBoarddirectly.
b.Mr.Morton asked again in regard to an alley,and staff responded that the other plan shows no alley.
c.Ms.Chimeiis inquired as to whether the corporation that had been established meets the legal
standard,and staff repliedaffirmatively.
d.Ms.Chimeiis spoke in regard to the Board's meeting held on August 11,1998,particularly public
comments relating to agenda item PB-98-018,and staff responded that such commentary largely
involved another church project,namely the rehabilitation of an apartment building.
e.Ms.Chimeiis explained that she was concerned with the intended hours,such as 7:30 a.m.through
9:00 p.m.,and she opined that the neighborhood will be impacted earlier than 7:30 a.m.and later than
9:00 p.m.
f.Ms.Chimeiis stated that she would like to know if the applicant has addressed impact upon the
neighborhood,including activity and traffic concerns,and has polled the neighborhood at-large to
ascertainthedegree of supportfortheitem.
g.Staffresponded that these concerns,such as involving how a particular land use will affect
surrounding land uses,would be addressed later under the special use application.
PB Min 10-13-98 5
h.Ms.Chimeiis replied that,while these concerns may very well be addressed during the special use
process,she would like the applicant to respond to these concerns at this meeting as well.
i.Pastor Whipple stated that he had received no negative comments pertaining to such concerns,and he
noted that a Ms.Jean Butler,a member ofthe community,was present who could also respond.
j.Ms.Butler explained that she lives in the community and knows the area well,and she noted that the
hours of operation would not "directly or indirectly affect the neighborhood,"as it is currently abusy
area.
k.Ms.Butler continued by explaining that the item will lead to improvement in the neighborhood,
particularly for children as day care and tutorial services would eventually be offered in the
community.
1.Ms.Chimeiis stated that she was desirous of learning what is intended for property located west of
Mount Nebo Church.
m.As discussion continued and for purposes ofclarification,staff explained that the Board is currently
reviewing fourpropertieslocated south of theChurch.
n.Mr.Pages attempted to summarized how best for the Board to proceed by stating that two issues are
involved,the request in particular and the precedent such a request will create for the future.
o.In regard to further concern about how members of the community view the request and how they
feel about future plans stemming from the request,Ms.Chimeiis and Mr.Pages stated that,for the
record,these concerns are being addressed to the applicant.
p.Pastor Whipple responded that they have attempted to address these concerns and that they feel
everything drafted thus far will have a positive impact upon the community.
q.Pastor Whipple explained that in regard to SW 64 Street,"a lot needs to be done",particularly for
the immediate area.
r.Mr.Pages asked Pastor Whipple if,to his knowledge,there is "real opposition"in the community,
andPastor Whipple replied thatthereisnone.
s.Mr.Basu returned to intentions for property located west of Mount Nebo Church,inquiring as to
possible expansion of day care facilities,staff responded the applicant may be able to address this
concern.
t.Mr.Scurr asked the Board for clarification as to what exactly it was approving,be it zoning,type of
structure,etc.
PBMin 10-13-98 c
u.Mr.Basu responded that the Board is approving the ordinance with respect to the subject properties.
v.Mr.Pages summarized that the Board is only looking at this specific property,in this specific
location,for this specific use.
w.In response to Mr.Pages'inquiry,staff explained that if the property is sold to a private individual
or private entity,"a non-church located in the neighborhood,"it reverts back to single-family
residential.
12.The public meeting continued.
a.Mr.Pages related his opinion involving use by right with respect to church,temple,or synagogue,
and he commented thata memorandum recommending changes tothe ordinance for certain uses can be
drafted.
b.Mr.Pages continued by noting that he believed such a memorandum would be unnecessary,
particularly asthe special use process isin place as a safeguard.
c.Mr.Lefley questioned if the establishment of the overlay district had come before the Planning
Board for its consideration,and he stated that the Board should be aware of the "parameters"involving
several of theuses,including ACLFs andfuneral homes.
d.Mr.Pages reiterated that uses of this nature are contingent upon another approval process,namely
the special use process.
e.Staff added that,in addition tothe special use approval,City zoning restrictions exist that would
provide ameasure of protection when certainusesare involved.
13.Motion:Mr.Lefley moved approval that the propenies as noted by the legal description are to be
addedtotheexisting community overlay district.Mr.Mortonsecondedthemotion.
14.Vote:Approved 6 Opposed 0
IV.Public Workshops
A.Proposed Valet ParkingOrdinance
The Workshop will allow the Planning Board,City staff,valet industry representatives,and
members of the public the opportunity to discuss a proposed ordinance to regulate valet services
inthe City of South Miami.
1.The Board proceeded with the public workshop portion on valet parking.
2.All interested parties held discussion and debate on valet parking in South Miami
PB Min 10-13-98 7
g.Ms.Cathy McCann.of 5820 SW 87 Street spokebeforethe Board.Ms.McCann related that
the issues involving the application arerather"unclear"atthis time.
4.Public hearing was closed.
5.TheBoardcontinuedwithreview of the application.
a.Mr.Lefley explained that Miami-Dade County would be hesitant to deed property to groups
with religious affiliations,and he suggested that there maybea legal conflict of interest
involved.
b.Mr.Lefley further suggested that the matter be deferred,in order to permit further review by
the City Attorney.
c.Ms.Chimeiis noted that the application may be incomplete,including lack ofa site plan.
d.Mr.Wiscombe offered thattheapplicationlacks "vision".
e.Mr.Hugginssuggestedthatasketchoroutlinebedraftedandincludedinordertoshowwhat
is planned fortheproperty.
f.Mr.Pages concurred thatthe application mayneedtobe deferred,inorderforthe Board to
receive additional details concurrently,including changes inthe ordinance and plans for the
property.
6.Motion:Mr.Wiscombe moved todefertheitem.Mr.Hugginssecondedthemotion.
7.Vote:Approved:5Opposed:0
D.ITEM:PB-98-019
Applicant:SouthMiami/CoralGableElksLodge#1676
Request:A Special Use Permit for a "Fraternal Organization or Private Club,"including
cateringservicesasan ancillary use,asspecifiedin §20-3.4 (B)(2)oftheLand
Development Code.
Location:6304 SW 78th Street
1.Mr.Lefley readtherequestintotherecord.
2.Staff presented theitemtothe Board,noting that changes are in order for the request,
including a special use for a fraternal organization,deleting private club,and removing catering
services asan ancillary use.
3.Staff requested that the application be deferred totheBoard'snext regularly scheduled
meeting,in order to evaluate and incorporate the changes that had beenvotedonatthis evening's
PBMin 08-11-98 8
m.Mr.Basu inquired as to how the site plan relates with the church property,and staff replied that the
church property is located acrossthestreet.
n.In regard to parking,staffconfirmed that more parking is being provided than what the City code
requires.
o.Mr.Basu inquired astoCity code provisions applicable tothe prefabricated structure,and staff
confirmed thatthere are nosuchcode provisions that address the prefabricated structure.
p.Staff noted that ERPB would review the structure for its architectural merit and compatibility with
the surrounding neighborhood.
q.In regard to approvals of the structure,Mr.Basu noted that while DCA may have approved the
structure,Dade County must approveitaswell.
r.Staff repliedthatin consultation withtheCity'sBuilding Director,whowouldreviewthe structure
for compliance withthe SFBC and with theCity's code,Ms.Sonia Lama had explained that there are
no grounds for disapproval of thestructure.
11.The public meeting continued.
a.Mr.Morton inquired astothe 15-foot alleyshownonthesketch,and staff responded thatthe
incorrect site plan was included in the Board's informational packet and that the correct one was being
presented to the Board directly.
b.Mr.Morton asked again in regard to an alley,and staffresponded that the other plan shows no alley.
c.Ms.Chimeiis inquired as to whether the corporation that had been established meets the legal
standard,and staff replied affirmatively.
d.Ms.Chimeiis spoke in regard tothe Board's meeting heldon August 11,1998,particularly public
comments relating to agenda item PB-98-018,and staff responded that such commentary largely
involved another church project,namely the rehabilitation of an apartment building.
e.Ms.Chimeiis explained that she was concerned withthe intended hours,such as 7:30 a.m.through
9:00p.m.,andsheopinedthattheneighborhoodwillbeimpacted earlier than7:30a.m.andlaterthan
9:00 p.m.
f.Ms.Chimeiis stated thatshewouldliketoknow if the applicant has addressed impact uponthe
neighborhood,including activityand traffic concerns,and has polled the neighborhood at-large to
ascertainthedegree of support forthe item.
g.Staff respondedthatthese concerns,suchasinvolvinghowa particular landusewillaffect
surroundinglanduses,wouldbe addressed laterunderthespecialuse application.
PB Min 10-13-98 5
h.Ms.Chimeiis replied that,while these concerns may very well be addressed during the special use
process,shewouldlikethe applicant to respond to these concerns atthis meeting aswell.
i.Pastor Whipple stated that he had received no negative comments pertaining to such concerns,and he
noted that a Ms.Jean Butler,a member of the community,was present who could also respond.
j.Ms.Butlerexplainedthatshelivesinthecommunityandknowsthe area well,andshenotedthatthe
hours of operation would not "directly or indirectly affect the neighborhood,"as itis currently a busy
area.
k.Ms.Butler continued by explaining that the itemwill lead to improvement inthe neighborhood,
particularly forchildrenasday care and tutorial services wouldeventuallybeofferedinthe
community.
1.Ms.Chimeiis stated thatshewas desirous of learning whatis intended for property located west of
Mount Nebo Church.
m.As discussion continued and for purposes of clarification,staffexplained that the Board is currently
reviewing four properties located south of theChurch.
n.Mr.Pages attempted to summarized howbest for the Board to proceed by stating thattwo issues are
involved,therequestin particular andthe precedent sucharequestwill create forthe future.
o.In regard to further concern about how members ofthe community viewthe request and howthey
feelabout future plansstemmingfromthe request,Ms.ChimeiisandMr.Pages stated that,forthe
record,theseconcernsarebeing addressed tothe applicant.
p.Pastor Whipple responded thatthey have attempted to address these concerns andthatthey feel
everythingdraftedthus far willhaveapositiveimpactuponthe community.
q.Pastor Whipple explained that,in regard toSW64 Street,"alot needs tobe done",particularly for
the immediate area.
r.Mr.Pages asked Pastor Whippleif,tohis knowledge,there is "real opposition"inthe community,
andPastor Whipple replied thatthereisnone.
s.Mr.Basureturnedtointentionsfor property locatedwest of MountNeboChurch,inquiringasto
possibleexpansion of day care facilities,staff responded the applicant maybeableto address this
concern.
t.Mr.Scurr asked the Board for clarification as towhat exactly itwas approving,beit zoning,type of
structure,etc.
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t
u.Mr.Basu responded that the Board is approving the ordinance with respect to the subject properties.
v.Mr.Pages summarized that the Board is only looking at this specific property,in this specific
location,forthisspecificuse.
w.In response to Mr.Pages'inquiry,staff explained that if the property is sold to aprivate individual
or private entity,"a non-church located in the neighborhood,"it reverts back to single-family
residential.
12.Thepublic meeting continued.
a.Mr.Pages related his opinion involving use by right with respect to church,temple,or synagogue,
and he commented that a memorandum recommending changes to the ordinance for certain uses can be
drafted.
b.Mr.Pages continued by noting that he believed such amemorandum would be unnecessary,
particularly as the special use process isin place as a safeguard.
c.Mr.Lefley questioned if the establishment ofthe overlay district had come before the Planning
Board for its consideration,and he stated that the Board should be aware ofthe "parameters"involving
several of theuses,including ACLFs and funeral homes.
d.Mr.Pages reiterated that uses ofthis nature are contingent upon another approval process,namely
thespecialuseprocess.
e.Staffadded that,in addition to the special use approval,City zoning restrictions exist that would
provideameasure of protection when certainusesare involved.
13.Motion:Mr.Lefley moved approval that the properties as noted by the legal description are to be
addedtotheexistingcommunityoverlay district.Mr.Mortonsecondedthemotion.
14.Vote:Approved 6 Opposed 0
IV.Public Workshops
A.Proposed Valet ParkingOrdinance
The Workshop will allow the Planning Board,City staff,valet industry representatives,and
members of the public the opportunity to discuss a proposed ordinance to regulate valet services
inthe City of South Miami.
1.The Board proceeded withthe public workshop portion on valet parking.
2.All interested parties held discussion and debate on valet parking in South Miami
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