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PB MINS 06-15-04 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Action Summary Minutes Tuesday, June 15, 2004 City Commission Chambers 7:30 P.M. I. Call to Order and the Pledge of Allegiance to the Flag Action: The meeting was called to order at 7:35 P.M. Action: The Pledge of Allegiance was recited in unison. II. Roll Call. Action: Mr. Morton, Chairperson, requested a roll call. Board members present constituting a quorum: Mr. Morton, Mr. Illas, Mr. Liddy, Mr. Comendeiro and Mr. Mann. Board members absent: Ms. Yates and Ms. Gibson. City staff present: Don O’Donniley (Planning Director), Sanford A. Youkilis (Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman (Planning Board Secretary). III. Administrative Matters Mr. O’Donniley stated that since the City Commission approved the amendment to the LDC, which related to the Planning Board calling for special meetings to take place, tonight’s meeting was possible due to that action. In addition, he informed the Board that the next meeting would be held on July 13, 2004. Planning Board meeting June 15, 2004 Page 2 of 6 IV. Planning Board Application / Public Hearings PB-04-007 Applicant: Said Almukhtar Location: 5850 Sunset Drive Request: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, RELATING TO A REQUEST PURSUANT TO SECTION 20-3.4(B)(4)(b) OF THE LAND DEVELOPMENT CODE FOR A SPECIAL USE APPROVAL TO LOCATE A GENERAL RESTAURANT “NATURAL CHICKEN GRILL” IN THE “SR (HD-OV)” SPECIALTY RETAIL HOMETOWN DISTRICT OVERLAY ZONING DISTRICT SPECIFICALLY LOCATED AT 5850 SUNSET DRIVE. Action: Mr. Morton read the item into record and Mr. O’Donniley presented the staff report. He explained that the applicant is requesting a Special Use Approval to operate a general restaurant named Natural Chicken Grill in part of the ground floor of an existing two story building located at 5850 Sunset Drive. A general restaurant is permitted with Special Use Approval. The proposed use is located in the “SR(HD),” Specialty Retail Hometown Overlay Zoning District. The proposed use must meet the requirements for special uses contained under Section 20-3.4(B)(4)(b) General Restaurant and Section 20- 5.8 Special Use Approval of the LDC. Mr. O’Donniley stated that the first floor was previously operated as a restaurant called Koo Koo Roo. The space has been vacant for the past two years. The LDC specifies in Section 20-3.4 (B)(4)(d) that a restaurant in the SR district may only occupy a maximum of 25% of the ground floor area of the building. Based upon a review of the survey, the restaurant would exceed the limitation; staff felt that this provision might not be applicable to this property. It is also noted that the Hometown Overlay Zoning District Regulating Plan (map) designates this building as a “contributive building” (having historic / architectural merit), and therefore it is exempt from providing required parking spaces. (LDC Section 20-7.6 (C)(3)). Mr. O’Donniley advised staff would recommend approval of the application with the following conditions: (1) the applicant shall provide a floor plan for the restaurant interior to be submitted prior to the application being forwarded to the City Commission; (2) If the subject general restaurant is, in the future, determined by the Planning Director, to be adversely affecting the health or safety of person residing or working in the vicinity of the proposed use, to be detrimental to the public welfare or property or improvements in the neighborhood, 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. Applicant: Said Almukhtar 5850 Sunset Drive At this point, Mr. Morton opened the public hearing. Planning Board meeting June 15, 2004 Page 3 of 6 No speakers spoke in favor or against this item. Mr. Youkilis informed Mr. Almukhtar that he needed to submit floor plans. Additionally, he stated to the applicant that this item could possibly be in front of the City Commission at the meeting of July 20. Mr. Morton requested that at the next Planning Board meeting of July 13, the Planning staff provide an update on this item. Motion: Mr. Morton moved to recommend for approval, subject to the following conditions: 1) review by the City Attorney of the special use provision applicable to restaurants in the SR to determine if it is not in conflict with the code; 2) make a provision for a refrigerated garbage storage, prior to routine pick-up, and that be coordinated with staff; 3) incorporate both staff recommendations. Mr. Liddy seconded the motion. The motion was approved by the following vote: Ayes 5 Nays 0 V. Planning Board Work Program (A): ADULT ENTERTAINMENT ORDINANCE: Report on the status of proposed ordinance Mr. O’Donniley first provided some background information on the issue. He stated that the City Commission at its June 1, 2004 meeting approved on first reading a proposed amendment to the Land Development Code that would permit adult entertainment establishments as a permitted use in TODD (LI-4), Transit Oriented Development District (Light Industrial-4) Zoning Use District. The ordinance approved also provided for distance requirements between adult establishments and churches, schools, parks, playgrounds and residential uses, and between individual adult establishments. During discussion it was felt that the maximum number of establishments that could be located in South Miami should take into consideration the location of these uses in surrounding jurisdictions. Staff was requested to estimate the cost of doing this type of study including an estimate of the distance from the city, which should be included in the survey. Mr. O’Donniley stated that a limited portion of the survey and data collection can be carried out by in house staff, however, the bulk of the research including field studies will require an outside consultant to assist. He informed the Board members that the City Commission accepted a cost of up to $5,250 for the hiring of consultants to assist in the field and research work. The Planning Department will report the findings obtained by the consultants, as well as the data gathered from the in house staff and present all the information to the City Commission. Planning Board meeting June 15, 2004 Page 4 of 6 Board member Mr. Mann, on a separate issue, commented about the signage of BT Gentlemen’s Club. He stated that the sign appeared to him more pronounced and called more attention to the business. He suggested that the signage be reviewed. (B): LAND DEVELOPMENT CODE: New Chapter Reviews Mr. Youkilis stated that the Board at its October 14, 2003, January 27, 2004, March 9, 2004, April 13, 2004, May 11, 2003 meetings reviewed and approved a total of nine chapters of the new LDC. There are now 2 chapters remaining for review. Mr. Youkilis explained that for this meeting, the Board would be reviewing Part I of Chapter II “Zoning Districts / Permitted Uses”. The special committee of the Zoning Task Force prepared this chapter. The chapter was presented to the Task Force in January, 2003 at which time the Task Force adopted the proposed draft. Mr. Youkilis notified the Board that the whole Chapter II will not be presented tonight. For the meeting in July, the remaining part of this chapter will be discussed. Mr. Youkilis stated the major revisions to the chapter being presented. This chapter places together all of the City’s zoning districts into one chapter whereas, the current LDC has certain zoning districts as individual chapters (CS-OV, TODD, Hometown). On page 4 Section 20-2.16, he directed the Board’s attention to a new format displaying on one page the zoning use districts, development standards, and uses permitted. On the following section (Section 20-2.17), he called their attention to the three different categories of permitted uses with their respective definitions, as permitted by the Task Force. The three uses are permitted, conditional, and special. Next, he spoke about the new format being used for all residential, office, and commercial zones. The new format has the following headings: district purpose, uses allowed, development regulations, and supplemental requirements. This new format, for the zoning districts, is found from pages 5-24. At tonight’s meeting, pages 22-66 were not included in this Part I review. These pages belong to the Mixed Use-Hometown District and the TODD regulations, which will be reviewed separately at a future meeting. In regards to regulations for special purpose districts (pp 67- 84): H, PR, PI, PUD, PUD-R, PUD-M, PUD-H, and the CS-OV districts, all were converted to the new format. The section that pertained to Historic Preservation Overlay was changed so that the current preservation regulations that were scattered throughout the LDC, are now consolidated in one section (pp.85-87). Also new provisions have been added to clearly show that the designation process is a zoning map change, requiring formal public hearings and Planning Board review. On the last pages 88-97 Mr. Youkilis spoke about the changes to the Permitted Use Schedule. It contained changes recommended by the Task Force, as prepared by the Permitted Uses subcommittee. The current use schedule format is maintained; uses permitted in the GR expanded; reduction of uses designated as special uses requiring hearings; the actual parking space formulas are shown on each page; and a new MU district is shown for possible placement in area other than Hometown. Planning Board meeting June 15, 2004 Page 5 of 6 During the review of the Permitted Use Schedule, Board member Mr. Comendeiro inquired as to why parks were not required to have required parking available to the citizens. The Board and staff discussed Mr. Comendeiro’s concern. Board member Mr. Mann inquired about the permitted use being allowed in the TODD (LI-4) for public warehousing and storage. He thought that the storage and public warehouses were not allowed in the TODD (LI-4). Furthermore, he stated that it seemed to him that having a 4-story wall storage building might diminish the movement of people and/or development. Mr. O’Donniley responded with the possibility of making the public warehousing/storage a special use, where it would require City Commission approval. On a different note, Mr. Liddy asked who handles the on-street parking requirements and regulations. Mr. Youkilis answered that he believes Public Works along with the Parking consultant handle those requirements and that they follow the City Code. Furthermore, Mr. O’Donniley added that that the Planning Board had specified the minimum size for the on- street parking when the Board reviewed the Parking Chapter of the LDC. Board member Mr. Illas had a question pertaining to off-street parking enforcement. He asked who enforces the regulations for a business that has off-street parking spaces but chooses to park cars outside their designated parking spaces. Mr. O’Donniley responded that the Code Enforcement Department regulates these issues and if the cars are parked in a public right- of-way then it is the police who would enforce the law. However, Mr. Illas said that a concern he has is that much of the businesses are parking outside their designated parking spaces after the Code Enforcement Dept is closed which is at 5:00 p.m. Finally, Mr. Youkilis commented if the Finance Department receives a complaint about businesses not parking in their designated off-street parking spaces, then the Finance Dept notifies the Parking Consultant to watch the parking spaces to see if they are obeying the regulations. VI. Remarks No remarks were said. VII. Approval of Minutes Action: The Board voted on and approved the minutes of May 11, 2004, as amended. Vote: Ayes 5 Nays 0 VIII. Next Meeting Action: Mr. Youkilis informed the Board the next Planning Board meeting was scheduled for July 13, 2004. Planning Board meeting June 15, 2004 Page 6 of 6 IX. Adjournment Action: There being no further business before the Board, Mr. Morton adjourned the meeting at 9:15 PM. DOD/SAY/pel K:\PB\PB Minutes\2004 Minutes\MINS 6-15-04.doc