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14THE CITY OF PLEASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members ofthe City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, Planning and Zoning Director Date: December 20, 2016 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 was adopted by Ordinance 24-01-1755 and amended by Ordinance 06-10-2031; the amendment permits, by right, office, business and professional uses in the first floor commercial spaces. BACKGROUND: The Valencia Building is a six-story residential building with ground floor commercial uses located at 6001 SW 70th Street and zoned TODD-MUS, "Transit Oriented Development District". When the zoning for the project was approved in 2001, the Commission also imposed a requirement that all of the commercial spaces on the first floor facing SW S9 th 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 in 2016. During the discussion of the last application, the Commission directed staff to prepare an ordinance eliminating the need for a Special Use permit and allow office, business and professional service uses to be established by right. REQUEST: Amend the Valencia Building Site Plan to allow office, business and professional service uses by right and eliminate the need for a Special Use permit. I ANALYSIS: The TODD-MUS zoning category allows office, business and professional service uses without a Special Use permit. It is only in the Valencia Building where such uses must obtain a Special Use permit from the City Commission. This adds time, uncertainty and extra costs to businesses trying to locate in the Building and may discourage them from seeking the permit. Allowing these uses by right may encourage businesses to locate in the building, thus adding services for residents and other businesses and enhancing the vibrancy of the area. Valencia Building -Amendment for Office Uses December 20, 2016 Page 2 of 2 PLANNING BOARD RECOMMENDATION: The Planning Board unanimously recommended the amendment during their September 2016 review of Larkin Community Hospital's Special Use application for an office use. RECOMMENDATION: It is recommended that the City Commission approve the Ordinance on second reading. Attachments: • Draft Ordinance JKT C:\Users\mgarcia.CSM1\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\XV4M9TZC\Valencia Bldg amendment staff memo 122016.docx 1 ORDINANCE NO. _____ _ 2 3 An Ordinance amending the site plan and ordinances adopting and amending same 4 for the Valencia Building located at 6001 SW 70 th Street which site plan was 5 adopted by Ordinance 24-01-1755 and amended by Ordinance 06-10-2031; the 6 amendment permits, by right, office, business and professional uses in the first 7 floor commercial spaces. 8 9 WHEREAS, the City Commission on October 2, 2001 adopted Ordinance 24-01-1755 10 which changed the official zoning map of the City on property located at 6001 SW 70 th Street 11 and legally described as Lots 1 through 25, Block 15, Larkins Townsite Subdivision, (the 12 "Valencia Building") from "MO" Medium Intensity Office Zoning District to "TODD-MU5" 13 Transit Oriented Development District (Mixed Use 5) in order to permit the construction of the 14 Valencia Building, a six-story residential building with ground floor commercial uses; and 15 16 WHEREAS, in order to implement a policy of encouraging retail establishments the 17 adopted Site Plan specifically designated that all of the commercial space on the first floor of the 18 building facing SW 59 th Place was to be limited to "Retail" uses as set forth in the Land 19 Development Code (LDC) Permitted Use schedule; and 20 21 WHEREAS, on February 2, 2010, the City Commission amended the Site Plan approval 22 to allow office, business and personal services uses in the commercial space on the first floor of 23 the building pursuant to the Special Use permit process set forth in Section 20-5.8 of the LDC; 24 and 25 26 WHEREAS, office, business or professional uses are allowed by right in the TODD- 27 MU5 district and do not require a Special Use approval for other properties zoned TODD-MU5; 28 and 29 30 WHEREAS, several office uses have been approved via the Special Use process for the 31 Valencia Building; and 32 33 WHEREAS, the Planning Board initiated the proposed amendment; and 34 35 WHEREAS, the City Commission desires to remove the requirement that office, 36 business or professional uses obtain a Special Use approval in order to locate in the Valencia 37 Building. 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 40 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 41 42 Section 1. The Site Plan (Section 1, Condition 1) for the property located at 6001 SW 43 70 th Street, South Miami, Florida and legally described as Lots 1 through 25, Block 15, Larkins 44 Townsite Subdivision (the "Valencia Building"), as submitted to the City on September 28, 45 2001, adopted by Ordinance No. 24-01-1755 and amended by Ordinance No. 06-10-2031 is 46 hereby amended to show that office, business or professional uses, as set forth in the Land 47 Development Code Permitted Use Schedule for the TODD MU5 (Transit Oriented Development 48 District, Mixed Use 5) shall be permitted by right in the commercial space on the first floor 49 facing SW 59 th Place. 50 51 Section 2. Severability. If any section, clause, sentence, or phrase of this ordinance is 52 for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 53 shall not affect the validity of the remaining portions of this ordinance. 54 55 Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all 56 sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 57 58 Section 4. Effective Date. This ordinance shall become effective upon enactment. 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 PASSED AND ENACTED this __ day of _____ , 2016. ATTEST: CITY CLERK 1st Reading 2nd Reading 3rd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Liebman: Commissioner Edmond: 75 Commissioner Harris: 76 CITY ATTORNEY 77 78 . .38SE I I NEIGHBORS I SUNDAY DECEMBER 11 2016 MIAMIHERAlD.COM CITY OF SOUTH MIAMI COURTESY NOTICE NOTICE IS HEREBY given that the City Commission ofthe City of South Miami, Florida will conduct Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday. December 20,2016, beginning at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the fo]]owing item(s): An Ordinance amending the City of South Miami Code of Ordinances, Chapter 2, Section 2-2.1 (J) and (0) to provide additional administrative procedure for public comments and quasi-judicial proceedings. ( An Ordinance amending the site plan and ordinances adopting and amending same for the Valencia Building located at 600] SW 70th Street which site plan was adopted by Ordinance 24-01-1755ancl amended by Ordinance 06-10-203]: the amendment permits, by right, office, business and professional uses in the first floor commercial spaces. 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 PUJ'SUlUltto Florida Slatutes 2R6.01 OS, the City hereby advises the puhlic that if a person decides to appeal any decision made by this Board. Agency or Commission with respcct to any matter considcred at its meeting (Ir hearing. he or she will need a record of the proceedings, and that for sllch purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record int:ludes the testimony and evidence upon whkh the appeal is to be based. Mlamllcli, Miami Nice Ice skating in MiamiTYes indeed, and you can help raise funds for Neighbilrs.4 Neighbors While you !Ire at H. It's happening now until January 8th at BayfrontPark by the Intercontinf)f11a,1 Hotel MiamI. A portion of Il8chticket sold bene~ts our Adopl-A-FamUy program; it's just $15 for adults and $12 for kids. Whim you get hungl)l, hop over to the concession tant aithe.hotel, wHh everything from s'mores to cocktails: When you pay, remember to "round up" for Neighbors. last Cal.1 for Merry Makera Our Adopt-a-Famlly-4,the-Holldays site closes on December 19. We still have families waiting 10 be helped. Monetary and gilt card donations are always needed. PleaSe visit our website to help loday. All of us at Neighbors 4 Neighbors wish you a beautiful holiday and a ye!!!' of peace, ahead. ~~~~~~~~~~ Wednesday,' December 21, 2016 5:00 pm to 7:00 pm Miami Coral Park Sr. High School 8865 S.W. 16 Street (parking available on the west side of the school) Join me for an evening of wholesome family funl MIAMI CAlLY BUSINESS REVIEW '. Published Daily except Saturday, Sunday and legal Holidays Miami, Miami-Dade Counly, 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 Oaily Business Review flk/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 NOTICE OF PUBLIC HEARING CITY OF SOUTH MIAMI-DEC, 20, 2016 in the XXXX Court, was published in said newspaper in the issues of 12109/2016 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, rebate, commission or refund for the purpose of securing this advertisement for publication' ~--------.-.----- CITY ·OF eoUTH 1ll1AM1, NO'ICI'. PIDiLII ...... NAtE 1SHEAE8Y rgiVefi 1h8t,the CIty CGn:unIli!IIlltI dftlii,OftyOff~;MliIIJtj. Retlda will .condu01 Mf~ Meariog{S) atilil"~ CIly~(Ifif'1iI~9 sChedUled for Tuesday, '0fte!iber·20. aG1t6, negmfiln9rat 7:00P;JTh. mtfie City Commlsslon-ChatJibllls, 6130 SutISet C>iWs. ,taltdASi __ felIOWin..g: item(s):' --. An Otdinanc& amendmg 1ileCIty of South Miafuieoo-,Of·Ord!rtaifces. ,-Chapter 2" SectIon. 2-2.1 (Jt and (O)to~e ,addit1ol1at administratiVe procedure tor ,pnblhH:-e1il1T\'iri;l and quashjudlGlai ~ceedlngs. . An Ordinance amending '!he site: f'lan ,ai\dordinances adOptIJig and amending same' for the Valencia BuHdmg located at 6001 SW 70th Street which site p\8n was Sdopted by Ordlnance 24-01-1755 and . amended by Otdiliance 0&-10-2031; the amendment permItS, by rig':'to -Office, busmesa and professional uses in the first floor C9mm8rcial spaces. - ALL 1nter8st~ partlesllfEl iTillitiKllfj~d and will be h~< . ---,. -" For fur:Iber InfOIm8tIon, please ccmtacttttS aty :GIerk's Oifice at: 3~: Marla.M. Menendez.CMC CIty Clerk Pursuant to Floilda Statutes 286.0105, '!he City hereby advises the' public thatJf ".per8Qflc.d$Qj~Ae-appeaI_any ~i§io!J,~Qy~~~ . Agency orCommisskm. 'whh ~fQ,.,y.m_.eOOSId'eftdi\.1t& g(~ 'et' hearing. he or sf:I~ ,win need--areccmhf tblf proceedings; aBdtbat fQr-Sueh purpose, affected person may need to 'ensure that a v~m record. of'lhe proceedings is made which record Jncludes '!he testimony aAdIMdence . upon which the appeal is to be based. 12/9 16-7610000178170M