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13THE CITY OF Pl.EASANT LIVING CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER-OFFICE MEMORANDUM To: The Honorable Mayor & Members of the City Commission VIA: Steven Alexander, City Manager FROM: Jane K. Tompkins, Planning and Zoning Directa#&( Date: February 6, 2018 SUBJECT: 13 An Ordinance amending Section 20-2.3 (definitions) as well as Sections 20-3.1(B) and 20-3.3(D) (relating to the purpose statement and uses permitted for the Parks and Recreation zoning district) of the City's Land Development Code. BACKGROUND: The South Miami Children's Clinic is located on City property at 6701 SW S8 th Place, which is the City-owned Murray Park. The clinic is a not for profit organization operating as a charitable health care clinic, with an emphasis on pediatric care for the residents of South Miami. The property is currently zoned Parks and Recreation (PR) which does not permit this type of activity. ANALYSIS: The City wishes to amend the Land Development Code (LDC) to correct this discrepancy and allow the Clinic to continue its charitable operations legally. The proposed amendment creates a definition for "Community facilities", which encompasses the charitable clinic use, and adds the term to the Permitted Use Schedule (Section 20-3.3(D)) as a permitted use in the PR district. Staff believes this will bring the Children's Clinic into compliance with the LDC and avoid any issue with the Property Appraisers Office. PLANNING BOARD ACTION: After a public hearing on January 9, 2018, the Planning Board unanimously recommended approval of the ordinance with the following change to the definition for "Community facilities": Staff recommendation: Community facilities. A facility in which health care, educational, cultural, or social services are provided by a public entity or private non-profit organization. Planning Board recommendation: Community facilities. A facility in which health care, educational, cultural, or social services are provided by a public or private non-profit organization. Community Facilities Text Amendment February 6, 2018 Page 2 of 2 STAFF RECOMMENDATION: Staff recommends that the City Commission adopt the proposed ordinance with the Planning Board's revision. AnACHMENTS: • Draft Ordinance • Excerpt of January 9,2018 Planning Board meeting minutes JKT Z:\Commission Items\2018\02-06-2018\Community Facilities Text Amendment\Community Facilities Text Amendment CM Memo.docx 1 Ordinance No. ________ _ 2 An Ordinance amending Section 20-2.3 (definitions) as well as Sections 20-3.1(B) and 20- 3 3.3(D) (relating to the purpose statement and uses permitted for the Parks and Recreation 4 zoning district) of the City's Land Development Code. 5 WHEREAS, the City of South Miami regulates development withiu its boundaries through its 6 Land Development Code (LDC); and 7 WHEREAS, the LDC includes Article III, "Zoning Regulations" which includes the purpose 8 statement for and the uses permitted in the Parks and Recreation zoning district; and 9 WHEREAS, services other than recreational are often provided in park facilities; and 10 WHEREAS, the LDC should reflect that these non-recreational services are specifically allowed 11 in City parks and park buildings; and 12 WHEREAS, the South Miami Planning Board held a public hearing on the LDC amendments on 13 January 9, 2018 and voted six (6) ayes to zero (0) nays to recommend approval. 14 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION 15 OF THE CITY OF SOUTH MIAMI, FLORIDA: 16 Section 1. South Miami Land Development Code Article II, "Definitions", Section 20-2.3 is 17 hereby amended to read as follows: 18 * * * 19 Community facilities. A facility in which health care, educational, cultural or social services are 20 provided by a public or private non-profit organization. 21 * * * 22 Section 2. South Miami Land Development Code Article III, "Zoning Regulations", Section 23 20-3.1 "Zoning uses districts and purposes is hereby amended to read as follows: 24 * * * 25 (B) District Purpose Statements. 26 * * * 27 (29) "PR" Parks and Recreation District: The purpose of this district is to provide for public parks and 28 open space areas, including those associated with schools and other community facilities. This district is 29 appropriate in areas designated "Parks and Open Space" on the City's adopted Comprehensive Plan. 30 * * * Page 1 31 Section 3. South Miami Land Development Code Article III, "Zoning Regulations", Section 32 20-3.3(D) "Permitted Use Schedule" is hereby amended to read as follows: 33 SECTION 20-3.3(D) 34 PERMITTED USE SCHEDULE 35 P = PERMITTED BY RIGHT - S = PERMITTED AS SPECIAL USE COND = SPECIAL USE CONDITIONS (See Section 20-3.4) PARK = PARKING REQUIREMENTS (See Section 20-4.4(B)) X = No conditions were adopted 36 37 * * * BBBBBBB ZONING DISTRICT RR RR RR R L R R L }.I N S G M T T T T T H P R P C P S S S S S T T R }.I 0 0 0 R RR U 0 0 0 0 0 I R 0 A 1 2 3 4 5 6 9 M 2 A D D D D D N R 1 4 H D D D D D D K 8 }.I }.I L P P U U I I R 4 5 4 * * * PUBLIC AND INSTITUTIONAL USES Adult s S S S S S 1 1 Congregate 3 Living ConnnunilY E Facilities * * * 38 39 Section 4. Codification. The provisions of this ordinance shall become and be made part of 40 the Land Development Code of the City of South Miami as amended. 41 Section 5. Severability. If any section, clause, sentence, or phrase of this ordioance is for 42 any reason held iovalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect 43 the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. 44 Section 6. Ordinances in Conflict. All ordinances or parts of ordinances and all sections 45 and parts of sections of ordioances in direct conflict herewith are hereby repealed. Page 2 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Section 7. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this __ day of _____ , 2018. ATTEST: CITY CLERK I" Reading 2nd Reading READ AND APPROVED AS TO FORM: LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY APPROVED: MAYOR COMMISSION VOTE: Mayor Stoddard: Vice Mayor Welsh: Commissioner Edmond: Commissioner Harris: Commissioner Liebman: Page 3 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Excerpt Tuesday, January 9, 2018 CITY COMMISSION CHAMBERS 07:00 P.M. The City of South-Miami Code of Ordinances, Section BA-5, requires that all lobbyists, as defined in that section, must register with the City Clerk before engaging in any lobbying in most cases pay on annual fee of $500.00 and an additional $100 for each additional issue. This persons who are retained with or without compensation to influence any action, decision, someone with the city, including the city manager, c'ity attorney, department heads} city personnel, of the city commission or members oj any city board, concerning a matter that could fareseeably be commission or a city board. There are some exceptions and exemptions. The following are lobbyist: a representative of a principal at a quasi-judicial hearing, experts who at public meetings, representatives of a neighborhood association of a not-far-profit community based organization for the purpose without special compensation. Individuals who wish to view or I. Call to Order Action: Mr. II. City Staff Absent: City Attorney: Mr. Thomas Pepe III. Administrative Matters Subrata Basu (Chairman), Dr. Velma Palmer Mr. Gary Robinson, Ms. Aracely Alicea. pkins (Planning Director) and Mr. Marcus Lightfoot (Senior 1. Rescheduling of February Planning Board Meeting • Ms. Tompkins informed the Board that the regular scheduled Planning Board meeting of February 13, 2018 is the same date as the City Election. Because of that, it should be 1 rescheduled. After discussing the item, the Board decided to move the meeting to Thursday, February 15, 2018. 2. Chair and Vice Chair Elections • Ms. Tompkins informed the Board that pursuant to Section 20-6.1(B)(2)(b) of the Land Development Code (LOC), the Board shall elect from its membership a chairman and vice- chairman for one (1) non-successive terms. The Board then held a discussion on the item. Motion: Mr. Robinson moved to table the discussion of Chair and Vice Chair Elections until the February Planning Board meeting. The motion was by Mr. Jacobs. Vote: Yes 6, No 0 (None) Mr. Robinson: Yes Ms. Alicea: Yes Mr. Basu: Yes Dr. Palmer: Yes Mr. Jacobs: Yes Dr. Philips: Yes <. S",',--'.t,.:i " ::' ',,~y, 3. Mr. Basu informed the Board.~~~t,the City Clerktl~s'sth~'duled time for ethltg training for the Board members to attend. ,. :;<. IV. Public Hearings 1. PB-18-003 Applicant: Ci~()fSouth Mjilflli<.>i An ordinance'l\m~eding Se1;tjon 20-2.3 (~I!finitions) as well as Sections 20-3.1(B) and 20- 3.3(?) (relating tii\\the,purli~~~.~tatement~ll~ uses permitted for the Parks and Recreation z~!}i~g4i~tf!.~9,of the\~JW.~ll~nd.O.~l(~!?emen~.code. ,<,'-'.,,::.:;> , ' ~ ,', '-."/,,,,, ,-" '-,.-' "'::,':':: '<\" :':'-' '-:,,:<»'c. --. i:,::-":/~: ,<:~\,--:~Dr:palmer readP~:'~?-003 in~~ t~e record. (<-is,\, ---' ":-ii:::'("., >-«~:'~~, MS''\'Pl'llpkins presente:tljthe staffreport for PB-18-003. "'~::;'" -:-, --.. :)/' Mr. RO~ins.9,~,,~sked if t~fChildren's Clinic is owned by South Miami Hospital, to which Dr. Palmer stated~Ytls: Mr.~~p~.added that the building is owned by the City. <:~: ::):"J;ti~'t~<~" Mr. Pepe then exrJl~.ll'l~~the reasoning behind the proposed amendment. The Board then held a discussion on the use of the building and the children's clinic. Mr. Pepe explained that the hospital was interested in having an enforceable lease because they wanted to perform renovations on the building and wanted to be protected. To prevent an issue with taxation on the property because of those renovations, the City is putting forth the proposed ordinance. The Board then began to review the ordinance. Mr. Basu proposed that the comma after "private" in the following language be removed: 2 "Community facilities. A facility in which health care, educational, cultural or social services are provided by a public entity or private, non-profit organization. " Mr. Basu proposed to remove the word "entity" from the same sentence as well. Dr. Palmer asked if this amendment will have any impact on the City's parks. Mr. Pepe responded that the amendment will allow community facilities that provide healthcare, education, cultural and social services. . . .. ~. The Chairman opened the floor to public commentsoirffli-18-003. None at this Time The Chairman closed the floor to public c~minents on PB-17-00a-' Motion: Mr. Robinson moved to approv~PB,18-003 motion was seconded by Ms. Alicea. the chan~'i~40 the ordinance. The Vote: Yes 6, No 0 (None) Dr. Philips: Yes Mr. Jacobs: Yes Dr. Palmer: Yes Mr. Basu: Yes .,' •.. Ms. Alicea: Yes' Mr. Robinson: Yes. -::?':j';" V. PUblic(:pl)iii:iel'lt~/Ne~{~~.~il'l~~~· __ ,:''!',' ;":;.:,; ';,'liL:-' - Th~:th~irperson ~~~@d.thefi~ol';fOr public cdli"lments and any new business. «4, ",,\: ---;,:~ Public Comments Section·; ;:,;"'> No publictomments were~eard by the Board . "\:ti: E-,<~\ New Business seajo~\; ... ;. ;;:;i£! ··I • Dr. Palmer statedt~~~';~roposed Planning Board meeting may conflict with the swearing in ceremony. Ms. Tompkins stated that she confirmed with the City Clerk that the ceremony will be held on February 14, 2018. The Chairman closed the floor for new business. VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of December 12, 2017: 3 Motion: Dr. Palmer moved to approve the minutes as is. The motion was seconded by Mr. Jacobs. Vote: Yes 6, No 0 (None) Mr. Robinson: Yes Ms. Alicea: Yes Mr. Basu: Yes Dr. Palmer: Yes Mr. Jacobs: Yes Dr. Philips: Yes VII. Future Meeting Date: A) Regular Meeting -February 15, 2018 VIII. Adjournment The meeting was adjourned at 7:55 P.M. 4 MIAMI DAILY BUSINESS REVIEW Pl<bllshed Dally except Saturday, Sunday 8'ld Legal Holidays Miami, Miami-Dade County, Flor:da STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared JOHANA OLIVA, who on oath says tllat he or she is the LEGAL CLERK, Legal Notices of the Miami Daily Business Review flk/a Miami Review, a dally (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-FEB. 6, 2018 in the XXXX Court, was published In said newspaper in the issues of 01/26/2018 Affiant further says that the said Miami Daily Business REview is a newspaper published at Miami, in said Miami-Dade County, Ftorida and that the said newspaper has heretofore been continuously published In said rVlIami-Dade County, Flonda each day (except Saturday. Sunday and Legal Holiday,s) and has been enterEd as second class mail Illa~er 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 III the said newspaper. ©i1l'V @~ $(!II1.!'ii'iiii\lil~"'ilJii f~@1fI©1ll @Ii" ijl>1!Ji~U© ~Lll""Ii':\Hi\!l@ N~Yi~E !~ HE~EBY_ given that the City Commission of the City of South Mla~l, Flonda Will conduct Public Hearing(s) at its regular City Commission meetl~lg ~ched~le? for Tuesday, February 6, 2018, beginning at 7:00 p.m., in the City CommisSion Chambers, 6130 Sunset Drive, to consider the following item(s);' . A Reso.iuti.on ~uthorizing the City Manager to enter into a multi-year contraCT with light FIX Pros, LLC for the 'annual Fourth of July fireworks display show. An'Ordinance amending t~e City of South Miami Code of Ordinances, Chapter BA, Section BA-5 titled "Lobbyists; I'egistration, reporting, fees, exemptions, expenditures, and penalties" to amend subsection (a) and to add a new SUbsection (h) regarding campaign consultants, An Ordinance amending Section 20-3.3(E) of the City of South' Miami Land Development Code permitting Outdoor Seating/Dining on all commercial properties that are within the Hometown District Overlay Zone (HO), . An Ordinarice amending the City's Land Development Code, Section 20-3,3(0) and Section 20-7,12(A) and Section 20-3.4(8), regarding . restaurant uses, (. A. n Ordinance amen. ding ,Section· 20-2.3 (defi~it.ions) as well ~s Sections .) 20-3.1 (8) and 20-3.3(D) (relating to the purpose statement and uses permitted for the Parks and Recreation zoning district) of the City's Land Development Code. 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. Mada M. Menendez, CMC City Cieri< Pursuant to Florida Statutes 286.0105, tile City hereby advises the public that if a person decides to appeal_any decision made by this Board, Agency or Commission with respect to any matter considered at its meeting or hearing, 'he or she will need a record of the proceedings, and that tor such purpose, affected person may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. 1/26 18-56/0000290947M SUNDAY JANUARY 18Z018 MIAMIHERALDfOM NEIGHBORS I 29SE CITY OF SOUTH MIAMI NOTICE OF GENERAL ELECTION NOTICE IS HEREBY GIVEN that pursuant to Alticle v. of the Cluutcr of the Cily of South Miamj, Florida, a General Election for the City of South Mi<uni to elect a Mayor for a two \2) year term; a O)llunissioner from Group I and <l Commissioner from Group IV for a four (4) year term has been called, tp be held ()n Tuesday, Februul) 13,2018 from 7:00 a.ill. to 7:00 p.m .. in the Cit) CtJmmis~i()n Chambers. 6 J 30 Sunset Drive, South tvliami, FL 33J 43. NOTICE IS HERlmy GIVEN that there will be Early Voting held on Saturday. February to. 2018 from ~:OO a.m. to 5:00 p.m. at the' ab\lVC location. Inquiries c,m he madc by t:alling in the City Clerk"s nfficc at: 305-663-6340. Maria M. Menendez, CMC City Clerk City of South Miami CITY OF SOUTH MIAMI COURTESY NOTICE .'oOTJCl': JS IIEl(i':I~Y ~i,e" It,illl]," C;l\' Cc'mm,.,,,,_,, ,,' ,I ... (';IV III S"u!l, 11'1I;111\i. Fh)L!~a will ",,"J",,! P"hh~ Ik~""lir,)"1 ii, ','~"l.u' C,;, O'"lm",;,m ,"~"l\llg ",he<hM<l fo,T""""",. Fdm",,, Ii. Nl~. h~!""nin.,, a, 7_(j() p_m __ ill Wo City C"Lttrni"""" Lh",uo..'t.'. hl_lll S,,",,"I lJl;,e. W "en,ide, Ihdllll;)wm~ ,I"mf'j ,\ Rr",lut;un Wllh"r;fjll~ the ell) M:IlM?'" ti' cn1~' m1Q" moJlti-y",'r """I",,·, w,lh Ll~t fiX PH", !.J,t,' f", II.". a:IHu~1 F,'Uflll "I July r"e"wb <iispl",-,IHn' Au Or,jm,,"o" wncm]"'J; :hc r:1I'.,j ~"'Hh ]l.h""" C"k "rOl\li"~"n·,. 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MUNICIPAL CANVASSING BOARD SCHEDULE FEBRUARY 13, 2018 SOUTH MIAMI GENERAL ELECTION The City of South Miami Canvassing Board will convene at the Office of the Supervisor of Elections, 2700 NW 87th Avenue, Miami, Florida. The Canvassing Board is convening on these dates for the February 13, 2018 South Miami General Election DATE/TIME ACTIVITY Monday, 2/5/18 1. Logic and Accuracy Test of the touch 10:00 a.m. screen and optical scan voting systems to be used for vOIe-by-maiL early voting and precinct ballots 2:00 p.m. 2. Public inspection of vote-by-mall ballots Monday. 2/12/18 1. Pre-count Logic and Accuracy Test of the 10:00 a.m. through optical scan system used for vote-by-mail Tuesday. 2113/18 and provisional ballots to completion 2. Approval to, commence vote-by-mail ballot opening, processing, and duplication 3, Vote-by-mail ballot opening and processing (as needed) 4. Duplication of ballots (as needed) Tuesday, 2113/18 1. Canvassing of presumed invalid Canvassing: vote-by-mail ballots 5:00 p.m. to completion 7:00 p.m. to completion 2. Tabulation of results Friday, 2116/18 10:00 a.m. to completion 3. Unofficial Results provided by the Supervisor of Elections 1. Canvassing of provisional ballots (as needed) 2, Certification of Official Results, including provisionals, by the Supervisor of Elections . 3. Post-count Logic and Accuracy Test of the optical scan system used for vo1e-by-mail and provisional ballots 4. Race and precinct(s) selection for manual post-e!ection audit 5. Audit process starts to completion Canvassing Board Members Josh Liebman, Commissioner Bob Welsh. Vice Mayor Maria M. Menendez. CMC, FCRM, City Clerk Rev, 12.lt4f17:EP