Ord No 37-16-2270ORDINANCENO.37-16-2270
An Ordinance amending the siteplanand ordinances adopting and amending same
for the Valencia Building located at 6001 SW 70th Street which site plan was
adopted by Ordinance 24-01-1755and amended by Ordinance 06-10-2031;the
amendment permits,by right,office,business and professional usesin the first
floor commercial spaces.
WHEREAS,theCity Commission onOctober2,2001 adopted Ordinance 24-01-1755
which changed the official zoning map of the City on property located at 6001 SW 70th Street
andlegallydescribedasLots1through 25,Block 15,Larkins Townsite Subdivision,(the
"Valencia Building")from "MO"MediumIntensityOffice Zoning District to "TODD-MU5"
TransitOriented Development District(MixedUse5)inorderto permit the construction of the
Valencia Building,a six-story residential building withgroundfloor commercial uses;and
WHEREAS,in order to implement apolicy of encouraging retail establishments the
adoptedSitePlanspecificallydesignatedthatall of thecommercialspaceonthefirstfloor of the
building facing SW 59th Place was to be limited to "Retail"uses as set forth in the Land
Development Code (LDC)Permitted Use schedule;and
WHEREAS,on February 2,2010,theCity Commission amended theSite Plan approval
toallowoffice,business and personal servicesusesinthe commercial spaceonthefirstfloor of
the building pursuant tothe Special Use permit process setforthin Section 20-5.8 of theLDC;
and
WHEREAS,office,business or professional usesare allowed by right inthe TODD-
MU5 district and donot require a Special Use approval for other properties zoned TODD-MU5;
and
WHEREAS,several office uses have been approved via the Special Use process forthe
Valencia Building;and
WHEREAS,the Planning Board initiated the proposed amendment;and
WHEREAS,the City Commission desiresto remove the requirement that office,
businessor professional uses obtain aSpecialUseapprovalin order tolocateinthe Valencia
Building.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1,TheSite Plan (Section 1,Condition 1)forthe property located at6001SW
70th Street,South Miami,Florida and legally described as Lots 1 through 25,Block 15,Larkins
Townsite Subdivision (the "Valencia Building"),as submitted tothe City on September 28,
2001,adopted by Ordinance No.24-01-1755 and amended by Ordinance No.06-10-2031 is
herebyamendedtoshowthatoffice,businessorprofessionaluses,assetforthintheLand
Development Code Permitted UseSchedulefortheTODDMU5 (Transit Oriented Development
District,Mixed Use5)shallbe permitted byrightinthe commercial spaceonthefirstfloor
facing SW 59th Place.
Pg.2 of Ord.No.37-16-2270
Section 2.Severability.If anysection,clause,sentence,orphrase of thisordinanceis
foranyreasonheldinvalidorunconstitutionalbyacourt of competentjurisdiction,thisholding
shallnotaffectthe validity of theremainingportions of thisordinance.
Section 3.Ordinances in Conflict.Allordinancesorparts of ordinances andall
sectionsandparts of sections of ordinancesindirectconflictherewithareherebyrepealed.
Section 4.Effective Date.This ordinance shall become effective upon enactment.
PASSED AND ENACTED this20day of Decemher ,2016.
CTEST:APPROVED:
1SI Reading-12/6/16
2M Reading-12/20/16
READ AND
LANGU
ROVED AS TO FORM:
D
MAY'
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Welsh:
Commissioner Liebman:
Commissioner Edmond:
Commissioner Harris:
5-0
Yea
Yea
Yea
Yea
Yea
(nf !CITY OF SOUTH MIAMI
Soutfr Miami ™™Z™™Z™^2THECITYOFPLEASANTLIV.NC INTER-OFFICE MEMORANDUM
To:The Honorable Mayor &Members of the City Commission
Via:Steven Alexander,City Manager
From:Jane K.Tompkins,Planning and Zoning Director
Date:December 20,2016 If
Subject:
An Ordinance amending the site plan and ordinances adopting and amending same for the
Valencia Building located at 6001 SW 70th Street which site plan wasadoptedby Ordinance
24-01-1755 and amended by Ordinance 06-10-2031;the amendment permits,by right,office,
business and professional uses in the firstfloor commercial spaces.
Background:
The Valencia Buildingisa six-story residential building with ground floor commercial uses
located at 6001 SW 70th Streetand zoned TODD-MU5,'Transit Oriented Development District''.
When the zoning for the project was approved in 2001,the Commission also imposed a
requirement that all ofthe commercial spaces on the first floor facing SW 59th Place be limited
to "Retail"uses as set forth in the Land Development Code.In 2010,the City Commission lifted
this restriction and allowed office,business and professional services on the first floor,pursuant
to the Special Use permit process.Since 2010,several office uses have been approved for the
first floor including two in2016.During the discussion of the last application,the Commission
directed staff to prepare an ordinance eliminating the needforaSpecialUse permit andallow
office,business and professional service usestobe established byright.
Request:
Amend the ValenciaBuildingSitePlan to allowoffice,business and professional service usesby
rightand eliminate the need foraSpecialUse permit.
Analysis:
The TODD-MU5 zoning category allowsoffice,business and professional service uses without a
SpecialUse permit.Itisonlyin the ValenciaBuilding where such uses must obtain aSpecialUse
permit from the City Commission.Thisadds time,uncertainty and extra costs to businesses
tryingto locate in the Buildingandmay discourage them from seeking the permit.Allowing
these uses byright may encourage businesses to locate in the building,thus adding services for
residents and other businesses and enhancing the vibrancyof the area.
Valencia Building -Amendment forOfficeUses
December 20,2016
Page2of2
Planning Board Recommendation:
The Planning Board unanimously recommended the amendment duringtheir September 2016
review of Larkin Community Hospital'sSpecialUseapplicationforanofficeuse.
Recommendation:
Itis recommended that the City Commission approve the Ordinanceon second reading.
Attachments:
•Draft Ordinance
JKT
C:\Users\mgarcia.CSMl\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\XV4M9TZC\Valencia Bldg amendment
staff memo 122016.docx
38SE NEIGHBORS SUNDAYDECEMBER 112016
MIAMIHERALD.COM
CITY OF SOUTH MIAMI
COURTESY NOTICE
NOTICE IS HEREBY giventhattheCityCommissionoftheCityofSouthMiami,Florida willconductPublic Hearing(s)atits
regular City Commission meeting scheduled for Tuesday.December20,2016,beginning at7:00p.m.,intheCityCommission
Chambers,6130 Sunset Drive,to consider the following item(s):
An Ordinance amending the City ofSouthMiamiCodeof Ordinances,Chapter 2,Section 2-2.1(J)and (O)to provide
additional administrative procedure forpubliccommentsandquasi-judicialproceedings.\
(An Ordinance amending the site plan and ordinances adopting and amending same for the Valencia Building located at|
6001 SW 70th Street which site plan was adopted by Ordinance 24-01-1755 and amended by Ordinance 06-10-2031:/
the amendment permits,byright,office,businessandprofessionalusesinthefirstfloorcommercialspaces./
ALL interested parties are invited to attend andwillbeheard.
Forfurther information,please contacttheCity Clerk's Officeat:305-663-6340.
Maria M.Menendez,CMC
City Clerk
Pursuant to Florida Statutes286.0105,theCityhereby advises thepublicthatifa per.son decidesto appeal anydecisionmadebythis Board,Agencyor Commission
withrespecttoanymatter considered atits meeting or hearing,heorshewillneedarecordofthe proceedings,and diat forsuch purpose,aifectedperson mayneed
toensurethataverbatimrecordoftheproceedingsismadewhichrecordincludesthetestimonyandevidenceuponwhichthe appeal istobebased.
MIAMI DAILY BUSINESS REVIEW
v PublishedDailyexceptSaturday.Sundayand
Legal Holidays
Miami,Miami-DadeCounty,Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Beforetheundersignedauthoritypersonallyappeared
MARIAMESA,whoonoath says thatheor she istheLEGAL
CLERK,LegalNoticesofthe Miami Daily BusinessReview
f/k/a Miami Review,a daily (except Saturday,Sundayand
Legal Holidays)newspaper,published at Miami jn Miami-Dade
County,Florida;thattheattachedcopyofadvertisement
being aLegal Advertisement of Notice in the matter of
NOTICE OF PUBLIC HEARING
CITYOF SOUTH MIAMI-DEC.20,2016
in the XXXX Court,
was publishedinsaid newspaper inthe issues of
12/09/2016
Affiantfurther says thatthesaidMiamiDaily Business
Review isa newspaper publishedatMiami,insaid
Miami-Dade County,Florida andthatthesaid newspaper has
heretofore been continuously publishedinsaidMiami-Dade
County,Florida eachday(exceptSaturday,Sunday and
LegalHolidays)and has been entered as second class mail
matter at the post office inMiamiinsaidMiami-DadeCounty,
Florida,foraperiodof one year next preceding the first
publicationofthe attached copy of advertisement;andaffiant
further says thatheor she has neither paidnorpromisedany
person,firmor corporation any discount,rebate,commission
or refund for the purpose of securing this advertisement for
publicationjp^he'IlMePrTe'wspjafae r.
Swom toand subscri^o before methis
9 dayo^DEg0^BER,AD.2O16
UA MESAipersonally known to me
X
GG 028718
CITY OF SOUTH MIAMI
NOTICE OF PUBLIC HEARING
NOTICE IS HERaY given *at the Gtty Commission
scheduled for Ttfes8^tteSe#l»3&$&&^pfil^fat 7:00 pate,fir the
City Commission Chambers,61^0 Suj^t Drwa,to <^
item(s):•.-T:
•Art Ordinance amending the'Oity of South Wlami<>xr0(tfOrdto"ces,
Chapter 2,Section 2-2.1 (df arid (0)to provide additional administrative
procedure forpfiblfe'Semmehts and quasHuiSeiaJ prt^eedings.
An Ordinance amending the site.$an and ordinances adopting and
amending same for the Valencia BuSding located at 6001 SW70th
Street which site #an was adopted by OrcHnance 24-01-1755 and
.amended byOrdinance OS-10-2031;thearnendment permits,by right,
office,business and professional uses in the first floor cprnmercial
A1X interested
For farther imm&sm,^please*coidacl the Gty^enYsCiice at
305-663-634(1 ;
Maria M.Menendez,CMC
CityClerk
Pursuant to Florida Statutes 286.0.105,the City hereby advises the publicthat-jf^^^aj^n^det^e^^o.awwlany d|cisfor^^n^^^t^Bp^
Agency orCfcamnissIen^i**^hearing,heor she*B1 need-a«cordsol theproceediBgSi and rat w^ffin
purpose,affected person may need to ensurothat-averbatim wcwd oHhe
proceedings Is made which recoid Jneludes the testrmony and «videhce
upon which the appeal istobe based.
12/9 16-76/0000178170M