05.01.18 agenda packet6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 1
CITY OF SOUTH MIAMI
CITY COMMISSION MEETING AGENDA
Tuesday, May 1, 2018, 7:00 PM
THE CITY OF SOUTH MIAMI HAS A SIGNIFICANT GOVERNMENTAL INTEREST IN CONDUCTING EFFICIENT AND ORDERLY COMMISSION
MEETINGS. SPEAKERS PLEASE TAKE NOTICE THAT SECTION 2-2.1(K)(2) OF THE CODE OF ORDINANCES PROVIDES THAT “ANY PERSON
WHO MAKES SLANDEROUS OR INTENTIONALLY RUDE, UNCIVIL OR OTHERWISE IMPERTINENT REMARKS, AND WHO REFUSES OR FAILS
TO DESIST FROM MAKING SUCH REMARKS AFTER BEING INSTRUCTED TO DO SO, OR WHO SHALL BECOME BOISTEROUS IN THE
COMMISSION CHAMBER AND WHO REFUSES OR FAILS TO DESIST FROM SUCH CONDUCT AFTER BEING INSTRUCTED TO DO SO MAY BE
FORTHWITH REMOVED FROM THE PODIUM AND FROM CITY HALL FOR THE DURATION OF THAT MEETING AT THE DIRECTION OF THE
PRESIDING OFFICER, UNLESS OVERRULED BY A MAJORITY VOTE OF THE COMMISSION. NO CLAPPING, APPLAUDING, HECKLING, OR
VERBAL OUTBURSTS SHALL BE PERMITTED FOR ANY REASON, INCLUDING FOR THE PURPOSE OF SUPPORTING OR OPPOSING ANY
MATTER, ANY SPEAKER OR A SPEAKER’S REMARKS. NO SIGNS OR PLACARDS SHALL BE ALLOWED TO BE DISPLAYED IN ANY MANNER
OTHER THAN WHEN USED FROM THE PODIUM TO EXPRESS AN OPINION OR DISPLAY FACTS. SIGNS TO BE USED AT THE PODIUM MUST
BE BROUGHT INTO THE COMMISSION CHAMBERS IN A MANNER SO AS NOT TO UNNECESSARILY DISPLAY THEIR CONTENT UNTIL THE
SIGN IS BROUGHT TO THE PODIUM IMMEDIATELY BEFORE THE SIGN IS DISPLAYED FROM THE PODIUM IN THE COMMISSION CHAMBER.
PERSONS EXITING THE COMMISSION CHAMBER SHALL DO SO QUIETLY. THE USE OF ACOUSTIC MOBILE COMMUNICATION DEVICE, SUCH
AS PHONES, IN THE COMMISSION CHAMBER IS NOT PERMITTED WHILE THE COMMISSIONIS IN SESSION. PHONE RINGERS AND OTHER
DEVICES THAT EMIT SOUND MUST BE SET TO SILENT MODE TO AVOID DISRUPTION OF PROCEEDINGS. INDIVIDUALS MUST EXIT THE
CHAMBER TO ANSWER INCOMING CALLS. NO CAMERA FLASH OPTIONS SHALL BE USED BY THE PUBLIC DURING ANY PORTION OF THE
MEETING EXCEPT DURING RECOGNITION AND AWARD CEREMONIES.”
A.SILENCE OR TURN OFF ALL CELL PHONES
B.ADD-ON ITEM(S)
C.ROLL CALL
D.MOMENT OF SILENCE
E.PLEDGE OF ALLEGIANCE
F.LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE CITY CLERK
G.PRESENTATIONS
G.1.Mr. Sergio Escobar, Executive Director of the Agency for Int’l Cooperation of Medellin (A.C.I.)
G.2.Municipal Clerk's Week Proclamation
1
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H.APPROVAL OF MINUTES
H.1.Minutes of April 17, 2018
04.17.18 Minutes.2pdf.pdf
I.CITY MANAGER’S REPORT
J.CITY ATTORNEY’S REPORT - [City Attorney reminder: Remarks are limited to those matters
that are not quasi-judicial. Any comment on a quasi-judicial matter may be made when the item is
called and the speaker is under oath.]
K.PUBLIC REMARKS
L.BOARDS AND COMMITTEES, APPOINTMENTS, ETC.
L.1.Cornelius Harrington III has been appointed by Mayor Stoddard to the SMCRA Advisory Board
as per City Charter Art. II, Sec. 8 A.
L a.pdf
L.2.Laurie Kahn has been appointed by Commissioner Welsh to the SMCRA Advisory Board as
per City Charter Art. II, Sec. 8 A.
L b.pdf
L.3. Michell Hawkins has been appointed by Commissioner Gil to the SMCRA Advisory Board as
per City Charter Art. II, Sec. 8 A.
L c.pdf
M.COMMISSION REPORTS, DISCUSSION & REMARKS
N.CONSENT AGENDA
O.RESOLUTION(S)
O.1.A Resolution for the City of South Miami to join the Seawall Coalition and support its
mission.
(Mayor Stoddard)
Reso re Seawall Coalition.docx
P.RESOLUTION(S) PUBLIC HEARING(S)
Q.ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
Q.1.An Ordinance amending the South Miami Code of Ordinances Section 15-83 regarding hours
of operation of juke boxes, radios, etc.
2
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(Commissioner Welsh)
Ordinance Section 15-83 AmendmentCArev.2pdf.pdf
R.ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)
S.ORDINANCE(S) FIRST READING(S)
S.1.An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article
IV, Section 20-4.5.1 G to provide for voluntary off-site tree mitigation.
(Commissioner Welsh)
20-4.5.1 (G) Mitigation off siteBWCArev(2)Clean(1).doc
S.2.An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from
noise generated from outdoor seating/dining by amending Section 20-3.3 (E) of the City of
South Miami Land Development Code regarding outdoor dining.
Cover Memo NR Outdoor Dining Amendment first reading 050118.docx
NR Outdoor Dining Text Amendment first reading line numbers.docx
NR Outdoor Dining Text Amendment first reading.docx
PB-18-005 Draft PB Meeting Minutes Excerpt - 04-10-2018.docx
T.ADJOURNMENT
PURSUANT TO FLORIDA STATUTE 286.0105, THE 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 FOR SUCH PURPOSE, AFFECTED PERSON MAY NEED TO ENSURE
THAT A VERBATIM RECORD OF THE PROCEEDIGS IS MADE WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED. THIS NOTICE DOES NOT CONSTITUTE CONSENT BY THE CITY FOR THE INTRODUCTION O1R ADMISSION OR
OTHERWISE INADMISSIBLE OR IRRELEVANT EVIDENCE, NOR DOES IT AUTHORIZE CHALLENGES OR APPEALS NOT OTHERWISE ALLOWED
BY LAW.
PURSUANT TO RESOLUTION No. 246-10-13280,“ANY INVOCATION THAT MAY BE OFFERED BEFORE THE START OF REGULAR
COMMISSION BUSINESS SHALL BE THE VOLUNTARY OFFERING OF A PRIVATE CITIZEN, FOR THE BENEFIT OF THE COMMISSION AND THE
CITIZENS PRESENT. THE VIEWS OR BELIEFS EXPRESSED BY THE INVOCATION SPEAKER HAVE NOT BEEN PREVIOUSLY REVIEWED OR
APPROVED BY THE COMMISSION, AND THE COMMISSION DOES NOT ENDORSE THE RELIGIOUS BELIEFS OR VIEWS OF THIS, OR ANY
OTHER SPEAKER.”
QUASI-JUDICIAL WARNING FOR CITY COMMISSION MEMBERS:
ANY AGENDA ITEM THAT HAS A QUASI-JUDICIAL WARNING IS CONSIDERED TO BE A QUASI-JUDICIAL MATTER. MEMBERS OF THE CITY
COMMISSION MAY NOT HAVE ANY VERBAL COMMUNICATION WITH ANYONE, OTHER THAN AT THE MEETING SCHEDULED TO RESOLVE
THE MATTER, UNTIL THE MATTER IS RESOLVED AT A PUBLIC MEETING AND THE MEETING IS ADJOURNED. YOU ARE PROHIBITED FROM
MAKING ANY INDEPENDENT INVESTIGATION OF THIS MATTER OTHER THAN A SITE VISIT OR MAKING WRITTEN REQUESTS FOR
INFORMATION FROM CITY EMPLOYEES AND RECEIVING WRITTEN RESPONSES FROM THEM IN THEIR OFFICIAL CAPACITY. ALL WRITTEN
REQUESTS FOR INFORMATION AND RESPONSES THERETO MUST BE FILED WITH THE CLERK AND A COPY MUST ALSO BE SENT TO THE
PLANNING AND ZONING DIRECTOR IF THE MATTER INVOLVES A LAND RELATED ISSUE. YOU MAY NOT HAVE ANY VERBAL
COMMUNICATION WITH CITY EMPLOYEES REGARDING THIS MATTER. YOU MAY NOT ENTER ONTO SOMEONE’S PROPERTY WITHOUT
THEIR PERMISSION. FURTHERMORE, YOU MAY NOT DISCUSS THE MATTER WITH THE PROPERTY OWNER OR ANYONE ELSE, INCLUDING
3
6130 Sunset Drive – South Miami, Florida 33143 - 305-663-6340 – www.southmiamifl.gov Page 4
NEIGHBORS. YOU MUST, IN WRITING, ADVISE THE CLERK OF THE DATE AND TIME OF YOUR SITE VISIT AND, IF THIS MATTER INVOLVES
LAND USE, YOU MUST ALSO SEND A COPY TO THE PLANNING AND ZONING DIRECTOR. ALL INFORMATION THAT YOU OBTAIN ON THIS
MATTER, OTHER THAN YOUR PERSONAL OBSERVATIONS AT A SITE VISIT AND WRITTEN INFORMATION PROVIDED BY STAFF, MUST BE
PRESENTED TO YOU AT THE DULY NOTICED PUBLIC MEETING DURING WHICH THE APPLICANT SHALL BE GIVEN AN OPPORTUNITY TO
PRESENT THE APPLICATION AND ANY EVIDENCE IN SUPPORT OF THE APPLICATION. IF THERE IS A BREAK IN THE MEETING, YOU MAY NOT
ALLOW OTHERS TO SPEAK TO YOU ABOUT THE MATTER OR ALLOW THEM TO PROVIDE YOU WITH ANY INFORMATION ABOUT THE
MATTER. IF THE MATTER REQUIRES MORE THAN ONE HEARING, YOU MAY NOT DISCUSS THE MATTER WITH ANYONE, UNTIL THE
MATTER IS RESOLVED BY A FINAL WRITTEN RESOLUTION OR, IF APPLICABLE, ORDINANCE, AND, EVEN THEN, NOT UNTIL THE MEETING IS
ADJOURED. IF YOU RECEIVE AN EMAIL OR ANY WRITTEN OR PRINTED INFORMATION ABOUT THE MATTER BEFORE THE ADJOURNMENT
OF THE HEARING AT WHICH A FINAL DECISION IS MADE FROM ANYONE OTHER THAN CITY EMPLOYEES ACTING IN THEIR OFFICIAL
CAPACITY, YOU MAY READ IT BUT YOU ARE NOT ALLOWED TO RESPOND TO IT AND YOU ARE REQUIRED TO IMMEDIATELY PROVIDE A
COPY OF ANY WRITTEN COMMUNICATION OR DOCUMENT YOU RECEIVE CONCERNING THIS MATTER TO THE CITY CLERK, AND A COPY
MUST ALSO BE SENT TO THE PLANNING AND ZONING DIRECTOR IF THE MATTER INVOLVES A LAND RELATED ISSUE. IN ADDITION, IF
YOU RECEIVE ANY VERBAL, OR WRITTEN COMMUNICATION (OTHER THAN WHAT HAS ALREADY BEEN DELIVERED TO THE CLERK AND
THE PLANNING AND ZONING DIRECTOR) YOU ARE REQUIRED TO DISCLOSE IT AT THE PUBLIC MEETING AND, IF IT WAS VERBAL, YOU
ARE REQUIRED TO WRITE A MEMORANDUM THAT INCLUDES THE INFORMATION RECEIVED AND THE NAME AND ADDRESS OF THE
PERSON PROVIDING THE INFORMATION, AS WELL AS THE DATE, TIME AND PLACE WHERE THE COMMUNICATION TOOK PLACE. THIS
DOCUMENT MUST BE DELIVERED AS SOON THEREAFTER AS POSSIBLE TO THE CITY CLERK, AND IF APPLICABLE TO A LAND RELATED
ISSUE, A COPY MUST ALSO BE DELIVERED TO THE PLANNING AND ZONING DIRECTOR.
WARNING REGARDING EX PARTE COMMUNICATIONS:
“EX PARTE COMMUNICATIONS” ARE WRITTEN OR VERBAL EXCHANGES BETWEEN AN ELECTED OR APPOINTED PUBLIC OFFICIAL, AND AN
APPLICANT, HIS OR HER REPRESENTATIVES, OR A CITIZEN OR OTHER THIRD-PARTY OUTSIDE OF THE PUBLIC QUASI-JUDICIAL HEARING
WHICH IS THE SUBJECT OF THE EXCHANGE. THE FLORIDA LEGISLATURE BY THE ADOPTION OF SECTION 286.0115(1), FLORIDA
STATUTES, HAS AUTHORIZED THE ADOPTION OF LOCAL ORDINANCES ALLOWING EX PARTE COMMUNICATIONS IF CERTAIN PROCEDURES
ARE FOLLOWED TO ENSURE THAT THE WRITTEN OR VERBAL EXCHANGE IS MADE PUBLIC, WHICH IS DESIGNED TO REMOVE ANY
PRESUMPTION OF PREJUDICE THAT WOULD OTHERWISE RESULT IF THE EXCHANGE WERE KEPT PRIVATE AND NOT DISCLOSED. EX
PARTE COMMUNICATIONS MUST BE PUBLICLY DISCLOSED PRIOR TO OR AT THE QUASI-JUDICIAL HEARING AT WHICH THE DECISION IS
TO BE MADE. ALL DECISIONS MADE AT A QUASI-JUDICIAL HEARING MUST BE BASED ON COMPETENT SUBSTANTIAL EVIDENCE. VERBAL
EX PARTE COMMUNICATIONS ARE HEARSAY, ARE NOT COMPETENT EVIDENCE, AND MAY NOT FORM THE SOLE BASIS FOR MAKING ANY
QUASI-JUDICIAL DECISIONS, BUT THEY MAY BE USED TO SUPPORT OR EXPLAIN OTHER COMPETENT EVIDENCE.
PURSUANT TO ORDINANCE §2-2.1, CITY CODE, THE SOUTH MIAMI CITY COMMISSION HAS ADOPTED THESE PROCEDURES TO ALLOW THE
USE OF EX-PARTE COMMUNICATIONS AS FOLLOWS:
1. THE ELECTED OR APPOINTED PUBLIC OFFICIAL SHALL DISCLOSE IN WRITING THE SUBJECT OF THE COMMUNICATION AND
THE IDENTITY OF THE PERSON, GROUP, OR ENTITY WITH WHOM THE COMMUNICATION TOOK PLACE, AS SOON AS
PRACTICABLE AFTER THE COMMUNICATION TAKES PLACE, WITH THE CITY CLERK AND MADE A PART OF THE RECORD AT THE
HEARING BEFORE FINAL ACTION ON THE MATTER.
2. A LOCAL PUBLIC OFFICIAL MAY READ A WRITTEN COMMUNICATION FROM ANY PERSON. ANY WRITTEN COMMUNICATION
THAT RELATES TO QUASI-JUDICIAL ACTION PENDING BEFORE A LOCAL PUBLIC OFFICIAL, SHALL NOT BE PRESUMED
PREJUDICIAL TO THE ACTION, PROVIDED SUCH WRITTEN COMMUNICATION IS DISCLOSED AND MADE A PART OF THE RECORD
BEFORE FINAL ACTION ON THE MATTER.
3. A LOCAL PUBLIC OFFICIAL MAY CONDUCT INVESTIGATIONS, MAKE SITE VISITS AND RECEIVE EXPERT OPINIONS REGARDING
QUASI-JUDICIAL ACTION PENDING OR IMPENDING BEFORE HIM OR HER PROVIDED THAT SUCH ACTIVITIES AND THE
EXISTENCE OF SUCH INVESTIGATIONS, SITE VISITS OR EXPERT OPINIONS IS MADE A PART OF THE RECORD BEFORE FINAL
ACTION IS TAKEN ON THE MATTER.
4. DISCLOSURE MADE PURSUANT TO PARAGRAPHS 1, 2 AND 3 ABOVE MUST BE MADE BEFORE OR DURING THE PUBLIC
MEETING AT WHICH A VOTE IS TAKEN ON SUCH MATTERS SO THAT PERSONS WHO HAVE OPINIONS CONTRARY TO THOSE
EXPRESSED IN THE EX PARTE COMMUNICATION ARE GIVEN A REASONABLE OPPORTUNITY TO REFUTE OR RESPOND TO THE
COMMUNICATION.
4
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IT IS POSSIBLE THAT IF THE STATUTE OR ORDINANCE DISCUSSED ABOVE, OR A QUASI-JUDICIAL ACTION PENDING BEFORE THE
COMMISSION OR BOARD ARE CHALLENGED, THAT A COURT MIGHT FIND THAT NEITHER THE LEGISLATURE NOR THE CITY COMMISSION
HAD AUTHORITY TO ENACT THESE PROCEDURES CONCERNING EX PARTE COMMUNICATIONS, WHICH COULD RESULT IN THE ACTION
TAKEN BEING REVERSED. YOU THUS PROCEED AT YOUR OWN RISK IN ENGAGING IN SUCH COMMUNICATIONS, AND THEY ARE NOT
ENCOURAGED. THEY ARE, HOWEVER, THE POLICY OF THE LEGISLATURE AND CITY COMMISSION, AND UNTIL DETERMINED OTHERWISE
BY THE LEGISLATURE OR THE COURTS, ARE LEGALLY PERMITTED BUT NOT WITHOUT POSSIBLE ADVERSE LEGAL CONSEQUENCES TO THE
DETRIMENT OF THE CITY AND OTHER PARTIES.
5
Agenda Item No:G.1
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Nkenga Payne
Submitting Department: City Clerk
Item Type: Presentation
Agenda Section: PRESENTATIONS
Subject:
Mr. Sergio Escobar, Executive Director of the Agency for Int’l Cooperation of Medellin (A.C.I.)
Suggested Action:
Attachments:
6
Agenda Item No:G.2
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Maria Menendez
Submitting Department: City Clerk
Item Type: Presentation
Agenda Section: PRESENTATIONS
Subject:
Municipal Clerk's Week Proclamation
Suggested Action:
Attachments:
7
Agenda Item No:H.1
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Maria Menendez
Submitting Department: City Clerk
Item Type: Minutes
Agenda Section: APPROVAL OF MINUTES
Subject:
Minutes of April 17, 2018
Suggested Action:
Attachments:
04.17.18 Minutes.2pdf.pdf
8
CITY COMMISSION MINUTES
April 17, 2018
1
City of South Miami 1
Regular City Commission Minutes 2
April 17, 2018 3
4 5
A. SILENCE OR TURN OFF ALL CELL PHONES
6 7
B. ADD-ON ITEM(S)
8 9
C. ROLL CALL
10
The following members of the City Commission were present: Mayor Stoddard, Vice 11
Mayor Harris, Commissioner Welsh, Commissioner Liebman, Commissioner Gil. 12
13
Also in attendance were: City Manager Steven Alexander, City Attorney Thomas F. 14
Pepe, Esq., City Clerk Maria M. Menendez, CMC. 15
16 17
D. MOMENT OF SILENCE
18 19
E. PLEDGE OF ALLEGIANCE
20 21
F. LOBBYIST(S) ADDRESSING THE CITY COMMISSION TONIGHT MUST HAVE BEEN
REGISTERED WITH THE CITY CLERK
22 23
G. PRESENTATIONS
24 25
a) Comprehensive Annual Financial Report
26
CAFR Presentation by Keefe McCullough CPA's 27
28 29
H. APPROVAL OF MINUTES
30 31
a) Minutes of March 22, 2018
32 33
b) Minutes of April 3, 2018
34
The Minutes of March 22 and April 3, 2018 were unanimously approved as 35
presented. 36
37 38
9
CITY COMMISSION MINUTES
April 17, 2018
2
I. CITY MANAGER’S REPORT
1
(See attached) 2
3 4
J. CITY ATTORNEY’S REPORT
[City Attorney reminder: Remarks are limited to those matters that are not quasi -
judicial. Any comment on a quasi-judicial matter may be made when the item is called
and the speaker is under oath.]
5
Summary of City Attorney's Report: doing substantial research on the City’s 6
Comprehensive Plan; the Weston lawsuit; working with the CRA relating to some tenants; 7
working on ballot resolutions; the Clean Power Plan. 8
9 10
K. PUBLIC REMARKS
11
At the opening of public remarks the following individuals addressed the 12
Commission: Baldwyn English, Antoinette Fischer, Pam Lahiff, Scott Rosenbaum. 13
14 15
L. BOARDS & COMMITTEES APPOINTMENTS, ETC.
16 17
a) Kyle Saxon has been appointed by Mayor Stoddard, replacing prior appointment
to Sid Kaskey, to the Budget and Finance Committee FY 2017 -18, as per City
Charter Art. II, Sec. 8 A.
18 19
M. COMMISSION REPORTS, DISCUSSION & REMARKS
20
Summary of Commission Remarks: the need for parks concurrency; the Girls Scout 21
property; FIU offered funding coming through the European Union National Science Foundation 22
for the City to work with FIU faculty to develop plans for renewable energy, vertical urban 23
gardens and water reuse in the City. 24
25 26
N. CONSENT AGENDA
27 28
1. A Resolution authorizing the City Manager to purchase decorative garbage and
recycling containers from Quick Crete Products Corp. (QCP) in the amount of
$35,010 for the City and the Downtown area. 3/5
(City Manager-Police)
29
Moved by Commissioner Welsh, seconded by Commissioner Liebman, the motion to 30
approve Resolution No. 076-18-15109 authorizing the City Manager to purchase decorative 31
10
CITY COMMISSION MINUTES
April 17, 2018
3
garbage and recycling containers from Quick Crete Products Corp. (QCP) in the amount of 1
$35,010 for the City and the Downtown area, passed by a 4 - 0 vote: 2
3
Yea: Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
4 5
2. A Resolution authorizing the City Manager to negotiate and enter into a contract
with Terra Hyle Contractors, Inc., for the Twin Lakes Traffic Calming Project.
3/5 (City Manager-Public Works)
6
Moved by Commissioner Welsh, seconded by Commissioner Liebman, the motion to 7
approve Resolution No. 077-18-15110 authorizing the City Manager to negotiate and enter into 8
a contract with Terra Hyle Contractors, Inc., for the Twin Lakes Traffic Calming Project, passed 9
by a 4 - 0 vote: 10
11
Yea: Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
12 13
O. RESOLUTION(S)
14 15
3. A Resolution re-appointing Annick Sternberg to serve on the Green Task Force
for a two-year term ending April 2, 2020, and extending term limits. 3/5
(City Commission)
16
Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve 17
Resolution No. 078-18-15111 re-appointing Annick Sternberg to serve on the Green Task Force 18
for a two-year term ending April 2, 2020, and extending term limits, passed by a 4 - 0 vote: 19
20
Yea: Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
21 22
11
CITY COMMISSION MINUTES
April 17, 2018
4
4. A Resolution authorizing the City Manager to permit and to waive rental fees
associated with OrchidMania of South Florida’s 20th Annual ‘Orchids in the
Park’ fundraiser to be held at Dante Fascell Park on Saturday, May 26th and
Sunday, May 27th, 2018. 3/5
(City Manager-Parks & Recreation)
1
Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve 2
Resolution No. 079-18-15112 authorizing the City Manager to permit and to waive rental fees 3
associated with OrchidMania of South Florida’s 20th Annual ‘Orchids in the Park’ fundraiser to 4
be held at Dante Fascell Park on Saturday, May 26th and Sunday, May 27th, 2018, passed by a 5
4 - 0 vote: 6
7
Yea: Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
8 9
5. A Resolution authorizing the City Manager to permit Team FootWorks
Educational and Fitness Corporation, a non-profit organization, to hold its 30th
Annual Twilight 5K Run/Walk event and to waive the cost of parking meters.
3/5 (City Manager-Parks & Recreation)
10
Moved by Commissioner Welsh, seconded by Vice Mayor Harris, the motion to approve 11
Resolution No. 080-18-15113 authorizing the City Manager to permit Team FootWorks 12
Educational and Fitness Corporation, a non-profit organization, to hold its 30th Annual Twilight 13
5K Run/Walk event and to waive the cost of parking meters, passed by a 3 - 0 vote: 14
15
Yea: Vice Mayor Harris
Commissioner Welsh
Commissioner Gil
Nay : None
16 17
6. A Resolution authorizing the City Manager to permit Taco Craft Miami, LLC
located at 5829 SW 73rd street, to hold its 3rd Annual Cinco De Mayo Block
Party. 3/5 (City
Manager-Parks & Recreation)
18
Moved by Commissioner Gil, seconded by Commissioner Liebman, the motion to 19
approve as amended Resolution No. 081-18-15114 authorizing the City Manager to permit Taco 20
12
CITY COMMISSION MINUTES
April 17, 2018
5
Craft Miami, LLC located at 5829 SW 73rd street, to hold its 3rd Annual Cinco De Mayo Block 1
Party, passed by a 4 - 0 vote: 2
3
Yea: Mayor Stoddard
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
4
a) A Resolution instructing the City Attorney to draft a ballot question for the Tuesday, 5
November 6, 2018, national midterm elections, to amend the City Charter, Article II, 6
SECTION 6, subsection D Voting Procedure, to reduce the number of votes necessary 7
to make land use and development regulations less 8
restrictive. 3/5 (Mayor 9
Stoddard) 10
11 12
7. A Resolution instructing the City Attorney to draft a ballot question for the
Tuesday, November 6, 2018, national midterm elections, to amend th e City
Charter, Article II, SECTION 6, subsection D Voting Procedure, to reduce the
number of votes necessary to make land use and development regulations less
restrictive. 3/5
(Commissioner Liebman)
13
This item was discussed together with add-on item (a) since they both had a common 14
subject. The difference between the two items was that the add -on provided for three options 15
such as: "to amend the voting requirement citywide as "option 2a"; or, in the area designated as 16
the "Commercial Core" as "option 2b by reducing it from 5/5 to 3/5 as "option 3a", or by reducing 17
it from 5/5 to 4/5 as "option 3b". 18
19
Commissioner Liebman proposed the "citywide" option but the motion didn't get a 20
second and died. 21
22
Commissioner Harris moved to recommend the "Commercial Core" as option 2b. 23
Seconded by Commissioner Gil, the motion passed 4-1 (Liebman). 24
25
The Commission also amended the resolution to have the ballot question on the 26
August primary election, time permitted. 27
28
Finally, this item and add-on item a) were combined and amended into one. 29
30
13
CITY COMMISSION MINUTES
April 17, 2018
6
Moved by Mayor Stoddard, seconded by Commissioner Gil, the motion to approve as 1
amended Resolution No. 082-18-15115 instructing the City Attorney to draft a ballot question 2
for the Tuesday, November 6, 2018, national midt erm elections, to amend the City Charter, 3
Article II, SECTION 6, subsection D Voting Procedure, to reduce the number of votes necessary 4
to make land use and development regulations less restrictive, passed by a 5 - 0 vote: 5
6
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
7 8
P. RESOLUTION(S) PUBLIC HEARING(S)
9 10
8. A Resolution authorizing the City Manager to enter into a multi-year
year agreement with H & R Paving, Inc., by piggybacking onto its agreement
with the City of Miami. 3/5
(City Manager-Public Works)
11
Moved by Mayor Stoddard, seconded by Vice Mayor Harris, the motion to approve 12
Resolution No. 083-18-15116 authorizing the City Manager to enter into a multi-year 13
year agreement with H & R Paving, Inc., by piggybacking onto its agreement with the City of 14
Miami, passed by a 5 - 0 vote: 15
16
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
17 18
Q. ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
19 20
9. An Ordinance related to the fee schedule; amending Ordinance 09 -17-2279 to
reduce fitness center annual membership fees per patron and to add new fees
to the schedule. 3/5
(Commissioner Liebman)
21
14
CITY COMMISSION MINUTES
April 17, 2018
7
Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 1
Ordinance No. 07-18-2296 related to the fee schedule; amending Ordinance 09-17-2279 to 2
reduce fitness center annual membership fees per patron and to add new fees to the sched ule, 3
passed by a 5 - 0 vote: 4
5
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
6 7
10. An Ordinance amending the City of South Miami Code of Ordinances, Chapter
2, Section 2-2.1. 3/5
(Commissioner Liebman)
8
At the opening of public hearing the following individual(s) addressed the 9
Commission: Antoinette Fischer. 10
11 12
R. ORDINANCE(S) FIRST READING(S) PUBLIC HEARING(S)
13 14
11. An Ordinance adopting an amendment to the Comprehensive Plan to amend
the future land use category "Parks and Open Space" and to amend the Future
Land Use Map of the Comprehensive Plan, to identify the area located under
the Metrorail, including the Underline linear park, as part of the City's Parks and
Open Space, and Authorizing Transmittal to the Florida Department of
Economic Opportunity and Review Agencies. (Deferred 04-03-18) 4/5
(City Manager-Planning & Zoning)
15
Moved by Mayor Stoddard, seconded by Commissioner Gil, the motion to approve An 16
Ordinance adopting an amendment to the Comprehensive Plan to amend the future land use 17
category "Parks and Open Space" and to amend the Future Land Use Map of the 18
Comprehensive Plan, to identify the area located under the Metrora il, including the Underline 19
linear park, as part of the City's Parks and Open Space, and Authorizing Transmittal to the 20
Florida Department of Economic Opportunity and Review Agencies, passed by a 5 - 0 vote: 21
22
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
15
CITY COMMISSION MINUTES
April 17, 2018
8
Commissioner Gil
Nay : None
1
12a. An Ordinance Adopting a Small-Scale Amendment to the Future Land Use Map of 2
the City of South Miami’s Comprehensive Plan, amending the designation of an 3
approximately 2.60-acre property generally located northwest of the intersection 4
of SW 72nd Street and SW 67th Avenue, and as legally described herein, from 5
Religious to Multiple Family Residential (Four Story). 4/5 6
(City Manager-Planning & Zoning) 7
8
Ms. Tompkins addressed the Commission on both items. 9
10
Moved by Mayor Stoddard, seconded by Commissioner Welsh, the motion to approve 11
An Ordinance Adopting a Small-Scale Amendment to the Future Land Use Map of the City of 12
South Miami’s Comprehensive Plan, amending the designation of an approximately 2.60-acre 13
property generally located northwest of the intersection of SW 72nd Street and SW 67th 14
Avenue, and as legally described herein, from Religious to Multiple Family Residential (Four 15
Story), passed by a 4 - 1 vote: 16
17
Yea: Mayor Stoddard
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : Vice Mayor Harris
18
12b. An Ordinance amending the Official Zoning Map, amending the designa tion of an 19
approximately 2.60 acre property generally located northwest of the intersection 20
of SW 72nd Street and SW 67th Avenue, as legally described herein, from “R” 21
Religious to “RM-18” Low Density Multi-Family Residential. 4/5 22
(City Manager-Planning & Zoning) 23
24
Attorney Tucker Gibbs representing the applicant addressed the Commission. 25
26
Attorney Iris Escarra also representing the applicant addressed the Commission. 27
28
At the opening of public hearing the following individuals addressed the Commission: 29
Jean Underwood, Shirley Wyatt, Norma Shok, Jena Staly (opposed), Anita Jenkins (opposed), 30
Michael Binkov, (opposed), Gloria Duval (opposed), Frank Perez (opposed), Martinez (opposed), 31
Angela (opposed), Ana Rojas (opposed), Mike Sullivan(opposed), Ileana Perez-Quintana 32
16
CITY COMMISSION MINUTES
April 17, 2018
9
(opposed), Gustavo Betancourt (opposed), Michael Tichenor (opposed), Lew Sellars (proposed 1
alternative), Hector Figaro (opposed), Antoinette Fischer. 2
3
Commissioner Welsh said favoring the suggestion by former Commissioner Lew 4
Sellars for considering an RT-6 as an alternative. 5
6
Mayor Stoddard provided suggestions for modification of the site plan by showing 7
an alternative visual. Suggestions were made for using Sunset for ingress/egress as opposed to 8
the proposed 67 Ave. 9
10
Vice Mayor Harris recommended taking the project back to the Planning Board, and 11
that the Four-Story be removed from the proposal. Counsel Escarra explained that the Planning 12
Board would not be seeing anything different since what came before the Commission was the 13
same thing that was presented before the Planning Board. 14
15
Mayor Stoddard asked what it would take to create a new land use category. Ms. 16
Tompkins explained that it would involve a Comprehensive Plan request, a process that could 17
take over six months. Commissioner Gil said to believe that the project is too dense, and that it 18
could also create a precedent's issue. 19
20
Mayor Stoddard then suggested a compromise by doing the Banyan's trick and 21
rotate them. (lower density to the north) 22
23
After quite a lengthy discussion among the Commission and the applicant, the items 24
were approved for date certain to come back to the Commission by the second meeting in May, 25
in order to allow time to the applicant to consider modifications to the plan as per Commission 26
suggestions at this meeting. 27
28
Moved by Mayor Stoddard, seconded by Commissioner Liebman, the motion to approve 29
An Ordinance amending the Official Zoning Map, amending the designation of an 30
approximately 2.60 acre property generally located northwest of the intersection of SW 72nd 31
Street and SW 67th Avenue, as legally described herein, from “R” Religious to “RM-18” Low 32
Density Multi-Family Residential, passed by a 4 - 1 vote: 33
34
Yea: Mayor Stoddard
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : Vice Mayor Harris
35 36
17
CITY COMMISSION MINUTES
April 17, 2018
10
S. ORDINANCE(S) FIRST READING(S)
1 2
13. An Ordinance amending the South Miami Code of Ordinances Section 15 -83
regarding hours of operation of juke boxes, radios, etc. 3/5
(Commissioner Welsh)
3
Moved by Commissioner Welsh, seconded by Commissioner Gil, the motion to approve 4
An Ordinance amending the South Miami Code of Ordinances Section 15-83 regarding hours of 5
operation of juke boxes, radios, etc, passed by a 5 - 0 vote: 6
7
Yea: Mayor Stoddard
Vice Mayor Harris
Commissioner Welsh
Commissioner Liebman
Commissioner Gil
Nay : None
8 9
T. ADJOURNMENT
10
11
12
Attest
_________________________
Maria M. Menendez, CMC
City Clerk
Approved
_________________________
Philip K. Stoddard, PhD
Mayor
13
18
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
M E M O R A N D U M
TO: The Honorable Mayor & Members of the City Commission
FROM: Steven Alexander
DATE: April 17, 2018
SUBJECT: Managers Report
Lee Hefty of DERM informs me that the County is presently mobilized
and performing canal clean-up following Hurricane Irma throughout
the County, including the canals in South Miami (some of this work
had been pending funding approval from FEMA).
The City’s Earth Day event is scheduled for April 27 at 10 AM and the
SM Garden Club will be joining us for this event. The celebration at
Fuchs Park will include tree planting, plant giveaways, small bites &
refreshments. Come meet your local community garden club and
tree advocates and receive free advice on planting and caring for
trees.
With regard to the comprehensive plan changes and rezoning of the
LI district and the ‘hole in the doughnut’ area, we are currently in
negotiation for fees for the necessary planning background that
needs to be sent to the State for approval prior to being able to
actually enact this rezoning and revision of land use. The time
estimate for completion once initiated is approximately nine months.
The timeline Calvin Giordano put together takes into consideration
more than just the concurrency review (e.g., any text amendments to
the comprehensive plan needed to support the FLUM amendment).
Further, our Planning Director believes a concurrency review is
required per the LDC. All of these issues add to the time and
complexity of the task. Because we’re creating new land use and
19
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
M E M O R A N D U M
zoning categories and we need to study the area to determine the
appropriate levels of intensity and density of development.
Specifically the required pathway for advancing this effort once the
Commission has authorized the work is as follows:
Kick-Off and Preliminary Review
Meetings with City Staff, informal meetings with property owners
Prepare Strike-thru and Underline Amendment Documents
Staff Review of draft documents and edits as needed
Planning and Zoning Board/LPA Public Hearing
PZB Public Hearing
PZB Requested CHANGES ADDRESSED?
City Commission Public Hearing
CC Public Hearing / 1st Reading of Ordinance and Transmittal
Prepare Transmittal to State and Review Agencies of Preliminary
Documents
State Expedited Review
State and Review Agencies have 30 days to review and comments
Review of State and Agency Comments
Prepare Edits as needed
City Commission Public Hearing
CC Public Hearing / 2nd Reading or Ordinance / Adoption
Prepare Transmittal to State and Review Agencies of adopted
documents
State Expedited Review
20
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
M E M O R A N D U M
Effective Date: 31 days following the date the State finds the packet
complete, if not challenged.
It’s also worth pointing out that the zoning changes can be reviewed
with the PB and Commission concurrently with the comprehensive
plan changes, but they cannot be enacted until the comprehensive
plan text and map changes are in place.
Ms Kamali met with neighbors near the Stunna fitness business and all
agreed that the title of the use was correct and that the activity would
be acceptable in that location if it complied with the law. Ms Kamali
and I met with Mr Varona this morning and encouraged him to come
fully into compliance which seemed to be met with a positive
reaction.
21
Agenda Item No:L.1
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Maria Menendez
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section: BOARDS AND COMMITTEES, APPOINTMENTS, ETC.
Subject:
Cornelius Harrington III has been appointed by Mayor Stoddard to the SMCRA Advisory Board as per City
Charter Art. II, Sec. 8 A.
Suggested Action:
Attachments:
L a.pdf
22
23
24
25
26
27
28
Agenda Item No:L.2
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Maria Menendez
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section: BOARDS AND COMMITTEES, APPOINTMENTS, ETC.
Subject:
Laurie Kahn has been appointed by Commissioner Welsh to the SMCRA Advisory Board as per City Charter
Art. II, Sec. 8 A.
Suggested Action:
Attachments:
L b.pdf
29
30
Agenda Item No:L.3
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Maria Menendez
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section: BOARDS AND COMMITTEES, APPOINTMENTS, ETC.
Subject:
Michell Hawkins has been appointed by Commissioner Gil to the SMCRA Advisory Board as per City Charter
Art. II, Sec. 8 A.
Suggested Action:
Attachments:
L c.pdf
31
32
Agenda Item No:O.1
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Maria Menendez
Submitting Department: City Clerk
Item Type: Resolution
Agenda Section: RESOLUTION(S)
Subject:
A Resolution for the City of South Miami to join the Seawall Coalition and support its mission.
(Mayor Stoddard)
Suggested Action:
Attachments:
Reso re Seawall Coalition.docx
33
RESOLUTION NO. __________1
2
A Resolution for the City of South Miami to join the Seawall 3
Coalition and support its mission4
5
WHEREAS, flooding during king tides is already a costly nuisance and a problem 6
that if unaddressed will grow worse as sea levels continue to rise, and7
8
WHEREAS, sea level rise has risen 8 inches since 1950 and its speed has increased 9
threefold in recent years, with scientific projections forecasting another 8 inches of sea level 10
rise in the next 20 years, and11
12
WHEREAS, sea level rise of just 4 inches in the last 10 years has increased flooding 13
state-wide by 400%, and14
15
WHEREAS, sea level rise poses a unique threat to all Florida given the limestone 16
bedrock beneath much of the state which allows rising sea water to infiltrate sewage 17
systems, compromise septic systems,and threaten groundwater supplies via salt water 18
intrusion, and19
20
WHEREAS, proactively investing to prevent flooding is a wiser use of resources 21
than spending on flooding recovery, as exemplified by FEMA research showing that $1 of 22
spent on disaster prevention saves $4 in recovery costs, and23
24
WHEREAS, national coordination and support are necessary for coastal towns to 25
fully address the challenge of sealevel rise and flooding, and the Seawall Coalition provides 26
a platform advocating for national solutions to sea level rise and flooding that invest in and 27
protect our coastal communities, and28
29
WHEREAS, the Seawall Coalition, https://seawallcoalition.org, is a forum for best 30
practices and support in developing local and state-level responses to sea level rise and 31
flooding that will enhance the City’s sea level rise effort, and32
33
WHEREAS, sea level rise and flooding are important issues that our residents 34
deserve to understand,and the Seawall Coalition provides opportunities and tools to 35
communicate with residents on sea level rise challenges and solutions, and36
37
WHEREAS, joining the Seawall Coalition will aid the City’s efforts to protect 38
against flooding without requiring any financial support or dues from the City Commission, 39
and40
41
WHEREAS, the City of South Miami receiveda storm surge warning for the first 42
time during Hurricane Irma; and43
44
WHEREAS, thesewer upgrades thatSouth Miami will need because of sea level 45
rise are currently estimated in the range of $78 million; and46
47
WHEREAS, the City Commission finds that joining the Seawall Coalition will 48 34
Page 2of 2
promote the welfare of City residents and ensure the prosperity of the City economy by 1
accelerating solutions to sea level rise and flooding.2
3
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 4
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:5
6
Section 1. The City Commission recognizes the need to advance national solutions 7
to sea level rise and associated flooding and hereby joinswill work as a member ofthe 8
Seawall Coalitionand supports its missionto safeguard the welfare of the City’s residents. 9
10
Section 2.If any section clause, sentence, or phrase of this resolution is for any 11
reason heldinvalid or unconstitutional by a court of competent jurisdiction, the holding shall 12
not affect the validity ofthe remaining portions of this resolution.13
14
Section 3.This resolution shall take effect immediately upon adoption.15
16
PASSED AND ADOPTEDthis th day of , 2018.17
18
ATTEST:APPROVED:19
20
____________________________________________________21
CITY CLERK MAYOR22
23
LANGUAGE, LEGALITY,Mayor Philip Stoddard:24
AND EXECUTION THEREOF:Vice Mayor Walter Harris:25
Commissioner Luis Gil:26
Commissioner Josh Liebman:27
Commissioner Robert Welsh:28
29
____________________________ 30
CITY ATTORNEY 31
32
35
Agenda Item No:Q.1
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Thomas Pepe
Submitting Department: City Clerk
Item Type: Ordinance
Agenda Section: ORDINANCE(S) SECOND READING(S) PUBLIC HEARING(S)
Subject:
An Ordinance amending the South Miami Code of Ordinances Section 15-83 regarding hours of operation of
juke boxes, radios, etc.
(Commissioner Welsh)
Suggested Action:
Attachments:
Ordinance Section 15-83 AmendmentCArev.2pdf.pdf
36
ORDINANCE________________ 1
2
An Ordinance amending the South Miami Code of Ordinances Section 3
15-83 regarding hours of operation of juke boxes, radios, etc. 4
5
WHEREAS, the City of South Miami (the “City”) strives to maintain the quiet enjoyment 6
of the residential areas that are near commercial areas by regulating certain activities in the 7
commercial zoning districts; and 8
9
WHEREAS, the City’s Code of Ordinances regulations the operation of juke boxes, 10
radios, etc, at business establishments; and 11
12
WHEREAS, the City wishes to further protect the comfort and well-being of its residents 13
by regulating the playing of music in business establishments on properties within the NR zoning 14
district; and 15
16
WHEREAS, City staff recommends modifying Section 15-83 of the City’s Code of 17
Ordinances to make it unlawful for a business establishment in the NR Neighborhood Retail 18
zoning district to play or operate devices in such a manner so as to be audible from abutting 19
residentially zoned districts; and 20
21
WHEREAS, the City Commission desires to accept the recommendation of City Staff. 22
23
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 24
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: 25
26
Section 1. Section 15-83 of the City of South Miami Code of Ordinances is hereby 27
amended to read as follows: 28
29
15-83. - Same – Hours of operation of juke boxes, radios, etc. 30
31
It shall be unlawful for any person owning, occupying or having charge of any business 32
establishment, or any part thereof, in the Ccity, to cause or suffer to cause the playing or 33
operating of music boxes, juke boxes, radios, musical instruments or any other musical 34
devices or any devise that amplifies a person’s voice on or about the premises between 35
the hours of 11:00 p.m. and 7:00 a.m. the following day, unless such music boxes, juke 36
boxes, radios, musical instruments and other devices are played or operated in a closed 37
building and the sound is not audible from outside the building so as to disturb the quiet, 38
comfort or repose of perso ns in any dwelling, hotel or other type of residence. Further, it 39
shall be unlawful for any person owning, occupying or having charge of any business 40
establishment, or any part thereof, in the NR zoned district to cause or suffer to cause the 41
playing or operating of any of such devices at any time of the day or night and in such a 42
manner that it is audible from any property located within any residentially zoned 43
districts. Upon a second conviction or civil finding of a violation of this section by a 44
licensee or a holder of a business tax receipt, the presiding judge or presiding officer 45
37
may, at his or her discretion, suspend or revoke and/or terminate any such license or 1
business tax receipt under this Code to the offending licensee. 2
3
Notwithstanding the above, the City Commission may extend the hours of any musical 4
performance for any business establishments that providesing live music performances 5
in any C-2, C-2R, C-3 or I GR, SR, or TODD zoninge district of the Ccity, may extend 6
the hours above until the normal closinge time of the particular business., In order to be 7
allowed to extend the hours of the musical performance, t he business must submit an 8
application, on a City approved form, along with upon the establishment providing a 9
complete set of plans and specifications , regarding the music devices and facilities , 10
intended to be utilized for the review of to the Ddirector of the department of Planning 11
and Zoning Department for his or her review and approval building, zoning and 12
community development. The Ddirector shall then make recommendations to the for final 13
Ccity Ccommission for final action on the application. Such plans must provide that the 14
maximum decibel level of music provided shall not exceed the permitted range 15
established by O.S.H.A. Additionally, no more than a three -piece live band [shall] be 16
utilized. 17
18
In no event may the business establishment utilize Ccity streets, sidewalks or other rights -19
of-way for these purposes, and it is further provided that should the music produced 20
violate section 15-82 of this Code, the business establishment shall immediately 21
permanently cease providing live music performances. 22
23
Section 2. Codification. The provisions of this ordinance shall become and be made 24
part of the Code of Ordinances of the City of South Miami as amended. 25
26
Section 3. Ordinances in Conflict. All ordinances or parts of ordinances and all 27
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 28
29
Section 4. Severability. If any section, clause, sentence, or phrase of this ordinance is 30
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 31
shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted 32
hereunder. 33
34
Section 5. Effective Date. This ordinance shall become effective upon enactment. 35
36
PASSED AND ENACTED this ____ day of _____________, 2018. 37
38
ATTEST: APPROVED: 39
40
________________________ ________________________ 41
CITY CLERK MAYOR 42
1st Reading 43
2nd Reading 44
45
46
38
READ AND APPROVED AS TO FORM: COMMISSION VOTE: 1
LANGUAGE, LEGALITY AND Mayor Stoddard: 2
EXECUTION THEREOF Vice Mayor Harris: 3
Commissioner Liebman: 4
Commissioner Welsh: 5
________________________ Commissioner Gil: 6
CITY ATTORNEY 7
8
39
40
41
Agenda Item No:S.1
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Maria Menendez
Submitting Department: City Attorney
Item Type: Ordinance
Agenda Section: ORDINANCE(S) FIRST READING(S)
Subject:
An Ordinance amending the City of South Miami Land Development Code, Chapter 20, Article IV, Section
20-4.5.1 G to provide for voluntary off-site tree mitigation.
(Commissioner Welsh)
Suggested Action:
Attachments:
20-4.5.1 (G) Mitigation off siteBWCArev(2)Clean(1).doc
42
ORDINANCE NO.__________________
An Ordinance amending the City of South Miami Land Development
Code, Chapter 20, Article IV, Section20-4.5.1 G to provide for voluntary
off-site tree mitigation
WHEREAS, Section 20-4.5.1 G. (3) currently only allows foroff-site mitigation
when the total number of trees to be planted cannot be accommodated on the property in
question because of the available space; and
WHEREAS, there are property owners who would rather have more sunlight
and/or plan on future renovations and/or who feel that their property is not able to
accommodate canopy replacement trees and when the replacement trees would do better
if placed on other properties with sufficient space to permit the trees in question to grow
to their natural sizes; and
WHEREAS, the City desires to amend Chapter 20, Article IV, Section 20-4.5.1
G to provide for voluntary off-site tree mitigation.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1.Chapter 20, Article IV, Section 20-4.5.1 G. (3) of the Land
Development Code for theCity of South Miami, Florida, is hereby amended andshall
read as follows:
G.Tree Mitigation.All tree mitigation required by this ordinance shall be accomplished in
accordance with the requirement set forth in the Miami-Dade County Landscape
Manual and or Miami-Dade County Chapter 24-49, as well as in compliance with the
provisions of this Section. All replacement trees shall be a minimum of a Florida Grade
1 per the grades and Standards of the State of Florida.
* * *
(3)Off-Site Mitigation.If the total number of trees required as mitigation cannot be
reasonably planted on the subject property, the applicant may enter into
agreement with the City, to plant excess number of replacement trees on public
property within the City or at the option of the City to make a payment to the Tree
Trust Fund in accordance with the schedules herein. In the event that a owner is
required to replace a tree but does not want to replace the tree on the owner's
property, the owner shall be given 60 days to find another locationthat is within the
City and approved by the City Arborist. The new approved “Off-site” location may
be either on public or private property but it shall havesufficient space to permit
the trees in question to grow to their natural sizes. If such trees are planted Off-
site, the trees shall be maintained in a healthy and viable condition for a period of
five years. If any of the mitigation trees are not viable at any time within the five-
year period, the owner shall be required to pay into the tree mitigation fund the
value of the trees that are no longer heathy and viable.
43
Section 2.Codification. The provisions of this ordinance shall become and be
made a part of the Code of Ordinances of the City of South Miami as amended.
Section 3.Severability. If any section, clause, sentence, or phrase of this
ordinance is for any reason held invalid or unconstitutional by a court of competent
jurisdiction, this holding shall not affect the validity of the remaining portions of this
ordinance.
Section 4.Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby
repealed.
Section5.Effective Date.This ordinance shall become effective upon
enactment.
PASSED AND ENACTED this____ day of _____________, 2018.
ATTEST:APPROVED:
___________________________________________
CITY CLERK MAYOR
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM,COMMISSION VOTE:
LANGUAGE, LEGALITY AND EXECUTIONMayor Stoddard:
EXECUTION THEREOF Vice Mayor Harris:
Commissioner Welsh:
Commissioner Liebman:
_______________________Commissioner Gil:
CITY ATTORNEY
44
Agenda Item No:S.2
City Commission Agenda Item Report
Meeting Date: May 1, 2018
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section: ORDINANCE(S) FIRST READING(S)
Subject:
An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from noise generated
from outdoor seating/dining by amending Section 20-3.3 (E) of the City of South Miami Land Development Code
regarding outdoor dining.
Suggested Action:
Attachments:
Cover Memo NR Outdoor Dining Amendment first reading 050118.docx
NR Outdoor Dining Text Amendment first reading line numbers.docx
NR Outdoor Dining Text Amendment first reading.docx
PB-18-005 Draft PB Meeting Minutes Excerpt - 04-10-2018.docx
45
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:The Honorable Mayor & Members of the City Commission
VIA:Steven J. Alexander, City Manager
FROM:Jane K. Tompkins, AICP, Planning Director
Date:May 1, 2018
SUBJECT:
An Ordinance to protect the residential neighborhoods that abut the NR zoned districts from
noise generated from outdoor seating/dining by amending Section 20-3.3 (E) of the City of
South Miami Land Development Code regarding outdoor dining.
BACKGROUND:
Outdoor dining/seating is currently allowed on allcommercial properties except forthose zoned
RO Residential Office and located outside of the Hometown District Overlay. During a recent
discussion of the relevant section of the Land Development Code (LDC), Commissioner Welsh
requested an ordinance prohibiting outdoor dining/seating in the NR Neighborhood Residential
districtout of concern for its potential impacts on nearby residential neighbors.
ANALYSIS:
The NR district’s purpose is to permit convenience commercial uses which provide for the
everyday retail and personal service needs of nearby residential neighborhoods in a compatible
and convenient manner. There are currently three (3) areas of NR zoning: along SW 62nd
Avenue between SW 64th and 69th streets, the Winn Dixie property on SW 73rd Street, and the
southwest corner of Red Road and SW 74th Street. The last two areas are in the Hometown
District Overlay and abut other commercial properties or multi-family properties. The area
along 62nd Avenue abuts single-family residences to the west.
The proposed amendment will prohibit outdoor dining/seating in NR zoned properties outside
of the Hometown District Overlay. While restaurants will still be allowed on these properties,
outdoor dining/seating will not be permitted in order to protect residential neighbors from the
noise generated by such activity.
PLANNING BOARD RECOMMENDATION:
Following a public hearing and discussion on the item on April 10, 2018, the Planning Board was
deadlocked on its recommendation. Pursuant to Section 20-6.1(B)(4) of the Land Development
Code, the recommendation is recorded as “No Comment”.Members seemed concerned that
the ban was broader than necessary, and some properties could provide outdoor dining without
46
Neighborhood Residential –Outdoor Dining
May1, 2018
Page 2of 2
JKT
C:\Users\EASYPD~1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@240967F1\@BCL@240967F1.docx
negatively impacting residential neighbors. Possible amendments aimed at loosening the ban
were discussed, such as allowing outdoor dining in areas that were not adjacent to residences,
but consensus on the wording was not achieved.
STAFF RECOMMENDATION:
Staff recommends the City Commission adopt the proposed amendment.
Attachments:
Draft Ordinance
Draft Planning Board meeting minute excerpt
47
ORDINANCE________________1
2
An Ordinance to protect the residential neighborhoods that abut the NR zoned 3
districts from noise generated from outdoor seating/diningby amending Section 20-4
3.3 (E) of the City of South Miami Land Development Code regarding outdoor dining.5
6
WHEREAS,the City of South Miami (the “City”)strives to maintain thequiet enjoyment 7
of the residential areasthat are nearcommercial areas by regulating certain activities in the 8
commercial zoning districts; and9
10
WHEREAS, the City’s Land Development Code(LDC) currentlypermits outdoor 11
dining/seatingwithin all commercial properties, including properties in the Neighborhood Retail12
“NR”Zoning District; and13
14
WHEREAS,the City wishes to protect the comfort and well-being of its residents from 15
noise generated by outdoor seating/diningby prohibiting outdoor seating/dining on properties that 16
are within the Neighborhood Retail“NR”zoning district; and 17
18
WHEREAS, City staff recommends modifying Section 20-3.3(E) of the Land 19
Development Code to not permit outdoor dining/seating on all commercial propertieszoned 20
Neighborhood Retail“NR”; and 21
22
WHEREAS,on April 10, 2018, the Planning Board considered the Ordinance, and 23
following a public hearing and discussion of the Ordinance was deadlocked on its recommendation 24
with a vote of 3 to 3; and25
26
WHEREAS,the City Commission desires to accept the recommendation of the City staff.27
28
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY 29
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:30
31
Section 1. Section 20-3.3(E)of the City of South Miami Land Development Code is 32
hereby amended to read as follows:33
34
20-3.3 -Permitted use schedule.35
36
***37
38
(E) Outdoor Seating/Dining.39
40
(1) Outdoor seating/dining shall be permitted for all commercial properties, except for those 41
commercial propertiesthat arelocated outside of the Hometown District Overlay Zone42
(HD)and that are zoned RO Residential Office Zoning Districtorthat are zoned NR43
Neighborhood Residential Zoning District. A permit application for outdoor seating and 44
dining or a sidewalk café on public property or on public rights-of-way or on private 45
property contiguous with a public right-of-way, must be filed with the Planning and Zoning 46
48
Department and approved by the City Manager prior to such use. The application shall 47
include a layout (site plan) of the location of all tables, chairs (including number and type 48
of chairs), benches, and other furniture; pedestrian ingress and egress; location of refuse 49
containers; location of approved outdoor speakers; and other elements necessary to 50
illustrate the proposed outdoor seating/dining use and area (all drawings must be titled, 51
indicate orientation, and be at an acceptable scale). If applicable, the site plan must clearly 52
indicate which seats and tables are on private property and which are on the public right-53
of-way. The City Manager shall require that an amended site plan be submitted in order to 54
address specific problems. At least seven (7) days prior to the City's Manager’s decision55
on an application for a property that is zoned RO Residential Office Zoning District and 56
located within the Hometown District Overlay Zone (HD), the City shall post a sign on the 57
subject propertywhich identifies the nature of the pending application and the means by 58
which questions or comments on the application may be directed.The City Manager shall59
consider any comments received by the public prior to issuing a decision on the application. 60
61
***62
63
Section 2.Codification. The provisions of this ordinance shall become and be made 64
part of the Code of Ordinances of the City of South Miami as amended. 65
66
Section 3.Ordinances in Conflict. All ordinances or parts of ordinances and all 67
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. 68
69
Section 4.Severability. If any section, clause, sentence, or phrase of this ordinance is 70
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding 71
shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted 72
hereunder. 73
74
Section 5.Effective Date.This ordinance shall become effective upon enactment.75
76
77
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PASSED AND ENACTED this ____ day of _____________, 2018.79
80
ATTEST:APPROVED:81
82
83
________________________________________________84
CITY CLERK MAYOR85
1st Reading 86
2nd Reading 87
88
89
READ AND APPROVED AS TO FORM:COMMISSION VOTE:90
LANGUAGE, LEGALITY AND Mayor Stoddard:91
EXECUTION THEREOF Vice MayorHarris: 92
49
Commissioner Liebman:93
Commissioner Welsh:94
________________________CommissionerGil:95
CITY ATTORNEY 96
97
98
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ORDINANCE________________
An Ordinance to protect the residential neighborhoods that abut the NR zoned
districts from noise generated from outdoor seating/diningby amending Section 20-
3.3 (E) of the City of South Miami Land Development Code regarding outdoor dining.
WHEREAS,the City of South Miami (the “City”)strives to maintain thequiet enjoyment
of the residential areasthat are nearcommercial areas by regulating certain activities in the
commercial zoning districts; and
WHEREAS, the City’s Land Development Code(LDC) currentlypermits outdoor
dining/seatingwithin all commercial properties, including properties in the Neighborhood Retail
“NR”Zoning District; and
WHEREAS,the City wishes to protect the comfort and well-being of its residents from
noise generated by outdoor seating/diningby prohibiting outdoor seating/dining on properties that
are within the Neighborhood Retail“NR”zoning district; and
WHEREAS, City staff recommends modifying Section 20-3.3(E) of the Land
Development Code to not permit outdoor dining/seating on all commercial propertieszoned
Neighborhood Retail“NR”; and
WHEREAS,on April 10, 2018, the Planning Board considered the Ordinance, and
following a public hearing and discussion of the Ordinance was deadlocked on its recommendation
with a vote of 3 to 3; and
WHEREAS,the City Commission desires to accept the recommendation of the City staff.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. Section 20-3.3(E)of the City of South Miami Land Development Code is
hereby amended to read as follows:
20-3.3 -Permitted use schedule.
***
(E) Outdoor Seating/Dining.
(1) Outdoor seating/dining shall be permitted for all commercial properties, except for those
commercial propertiesthat arelocated outside of the Hometown District Overlay Zone
(HD)and that are zoned RO Residential Office Zoning Districtorthat are zoned NR
Neighborhood Residential Zoning District. A permit application for outdoor seating and
dining or a sidewalk café on public property or on public rights-of-way or on private
property contiguous with a public right-of-way, must be filed with the Planning and Zoning
51
Department and approved by the City Manager prior to such use. The application shall
include a layout (site plan) of the location of all tables, chairs (including number and type
of chairs), benches, and other furniture; pedestrian ingress and egress; location of refuse
containers; location of approved outdoor speakers; and other elements necessary to
illustrate the proposed outdoor seating/dining use and area (all drawings must be titled,
indicate orientation, and be at an acceptable scale). If applicable, the site plan must clearly
indicate which seats and tables are on private property and which are on the public right-
of-way. The City Manager shall require that an amended site plan be submitted in order to
address specific problems. At least seven (7) days prior to the City's Manager’s decision
on an application for a property that is zoned RO Residential Office Zoning District and
located within the Hometown District Overlay Zone (HD), the City shall post a sign on the
subject propertywhich identifies the nature of the pending application and the means by
which questions or comments on the application may be directed.The City Manager shall
consider any comments received by the public prior to issuing a decision on the application.
***
Section 2.Codification. The provisions of this ordinance shall become and be made
part of the Code of Ordinances of the City of South Miami as amended.
Section 3.Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of sections of ordinances in direct conflict herewith are hereby repealed.
Section 4.Severability. If any section, clause, sentence, or phrase of this ordinance is
for any reason held invalid or unconstitutional by a court of competent jurisdiction, this holding
shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted
hereunder.
Section 5.Effective Date.This ordinance shall become effective upon enactment.
PASSED AND ENACTED this ____ day of _____________, 2018.
ATTEST:APPROVED:
________________________________________________
CITY CLERK MAYOR
1st Reading
2nd Reading
READ AND APPROVED AS TO FORM:COMMISSION VOTE:
LANGUAGE, LEGALITY AND Mayor Stoddard:
EXECUTION THEREOF Vice MayorHarris:
52
Commissioner Liebman:
Commissioner Welsh:
________________________CommissionerGil:
CITY ATTORNEY
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1
CITY OF SOUTH MIAMI
PLANNING BOARD
RegularMeeting MinutesExcerpt
Tuesday, April 10, 2018
CITY COMMISSION CHAMBERS
07:00 P.M.
The City of South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section,
must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee of
$500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or
without compensation to influence any action, decision, recommendation of someone with the city, including the
city manager, city attorney, department heads, city personnel, or members of the city commission or members of
any city board, concerning a matter that could foreseeably be address by the city commission or a city board.There
are some exceptions and exemptions.The following are not considered to be lobbyist: a representative of a
principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings,
representatives of a neighborhood association without compensation and representatives of a not-for-profit
community based organization for the purpose of requesting a grant who seek to influence without special
compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the
meeting can be found on the city’s website (www.southmiamifl.gov).
I.Call to Order
Action: Mr. Basucalled the meeting to order at 7:03P.M.
II.Roll Call
Board Members Present Constituting a Quorum:Dr. Sally Philips (Chairperson), Mr. Subrata Basu,
Dr. Velma Palmer,Mr. Lee Jacobs, Mr. Mark Lago,Orlando Borges.
Board Members Absent:Ms. Aracely Alicea (Vice—Chairperson).
City Staff Present:Ms. Jane Tompkins (Planning Director) and Mr. Marcus Lightfoot (Senior
Planner/Zoning Administrator).
City Staff Absent:None.
City Attorney:Mr. Thomas Pepe
III.Administrative Matters
1.Update on Recent Planning Board Items
Ms. Tompkins gave the Board an update on previous Planning Board items.
Mr. Basu, Dr. Palmer, and Mr. Jacobs all expressed their discontent with the fact that the
project for 6075 Sunset Drive was approved without any form of affordable housing.
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Mr. Basu asked why the changes to the Fellowship project weren’t re-reviewed by the Planning
Board. Ms. Tompkins stated that the changes that were made were in response to comments
at the Planning Board meeting.
Mr. Basu asked for an update on the Shops at Sunset Place project. Mr. Pepe stated that the
item was approved with a 4/5 vote at the first reading of the ordinances for the project.
Mr. Basu reminded the Board about the ethics training that was scheduled for Thursday, April
12, 2018 a 6:30 pm.
Ms. Tompkins then explained to the Board that the title for PB-18-005 was amended after it
had been advertised. The correct title has been listed on the staff report.
No other administrative matters were discussed by the Board.
IV.Public Hearings
1.PB-18-005
Applicant:City of South Miami
An Ordinance amending Section 20-3.3 (E) of the City of South Miami Land Development
Code regarding outdoor dining and amending the South Miami Code of Ordinances Section
15-83 regarding hours of operation of juke boxes, radios, etc.
Dr. Philips read PB-18-005into the record.
Ms. Tompkins presented the item to the Board.
Mr. Jacobs asked if this change was more restrictive, to which Ms. Tompkins stated yes.
The Chairpersonopened the floor to public comments on PB-18-005.
Noone from the public spoke on the item
The Chairpersonclosed the floor to public comments on PB-18-005.
Mr. Basu asked what the extent of the problem was that triggered this specific change to the
Land Development Code(LDC). He thenstatedoutdoor seating isn’t the issue regarding noise.
It’s the intensification of the use of the property. He then stated that unlike single family
residences, outdoor seating when it pertains to multi-family properties wouldn’t be that much
of an issue. He stated that he could support the item if it is only limited to properties adjacent to
single family residences. Mr. Pepe responded that the proposed change is in response to the
noise generated by the current use of the commercial properties along SW 62 Avenue that are
zoned Neighborhood Retail (NR). Mr. Pepe added that the Winn Dixie property is inthe
Hometown District which would not be affected by this ordinance.
Mr. Basu asked which areas would be affected by the proposed ordinance, to which Ms.
Tompkins stated that the only commercial properties affected would be those that are along the
SW 62 Avenue corridor.
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Mr. Lago asked if this ordinance was for outdoor seating and dining. He then asked if this would
affect any of the current businesses in that district. Mr. Pepe responded that if something is
regulated after there is a problem then it looks as if the City is harassing an entity. If steps are
taken before there is a problem, then it is considered to be proactive. Mr. Pepe then stated that
restaurants are permitted in the NR zoning district butto the best of his knowledge, there aren’t
any restaurants that currently occupy any of the properties in the district. Ms. Tompkins then
confirmed that there aren’t currently any restaurants in the NR zoning district.
Mr. Lago asked if a coffee shop were to come into that area and want outdoor seating, could
they file an application for an exception. Ms. Tompkins responded that if the ordinance is
adopted, then the coffee shop wouldn’t be allowed to have outdoor seating.
Mr. Basu stated that some of the properties along SW 62 Avenue are approximately 100 feet
deep. Could the restaurants have outdoor seating that is adjacent to SW 62 Avenue? Mr. Pepe
stated that if the ordinance is passed then no, the restaurant wouldn’t be allowed to have
outdoor seating along SW 62 Avenue.
Dr. Philips stated that her concern is that people sitting outside at a restaurant aren’t going to
be anynoisier than the adjacent traffic. There will be a building on the property that will provide
a buffer to the noise that would be generated. She then stated that the noise generated
wouldn’t affect the residents in the area. The City has a noise ordinancethat must be followed.
If the seating area gets loud, they would have to lower the volume so that they remain in
compliance with the City Code.
Dr. Palmer stated that people are fed up with what is going on with the property along SW 62
Avenue. Mr. Basu interrupted and stated that the discussion on the item should not be about a
specific property. It should be more generalized.
Mr. Lago stated that the proposed ordinance would only address outdoor seating for
restaurants. The current issue with noise generated in the district would not be resolved by this
ordinance. Mr. Pepe added that currently, outdoor seating could be allowed anywhere on the
property. It could be allowed in the back between the restaurant and the residential properties
or on the front along SW 62 Avenue. If the Board wanted, they could recommend that outdoor
seating be restricted to the areas along SW 62 Avenue only. Mr. Basu agreed, stating that his
goal would be to push the seating towards SW 62 Avenue and away from the residences.
Mr. Pepe informed the Board that if they wished to voice their concern over the Fellowship
Church project or this item, they would need to vote to have the Chairperson speak at the
commission meeting.
Dr. Palmer stated that there is a large issue regarding noise and outdoor seating in the City. She
stated that it is very common for students to be partying outside on a Saturday night blocking
the streetgenerating large amounts of noise. She then stated that if the City is going to tighten
the rope, then this ordinance should be expanded to include those issues as well.
Mr. Basu stated that the proposed ordinance should not apply to the frontage along SW 62
Avenue. Mr. Pepe stated that the ordinance shouldn’t address SW 62 Avenue. Instead the area
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to be addressed should be on the street between the building and the street so that it can be
applied to other NR zoning districts.
Mr. Basu asked if the two (2) NR properties located in the Hometown District would be affected
by this ordinance, to which Ms. Tompkins stated no.
Dr. Palmer asked if there will be an exemption. Mr. Basu responded that the ordinance is saying
that any outdoor seating that abuts single family will not be allowed but seating between the
building and the street would be permitted.
Dr. Philips asked for suggestions as to where the amendment could be placed in the ordinance.
Mr. Pepe responded that the amendment could be placed after the inserted language on the
first page where it ends “zoning district.” The language could possibly be made to read:
“However, outdoor seating in the NR district could be allowed by special use
permit”
Mr. Basu added that it should be allowed along the street frontage. Mr. Pepe responded that
what if the frontage was across the street from another residential district in another NR
district. Because of that, he suggested the special use permit process.
Mr. Lago proposed that the outdoor seating should not be allowed in areas that abut residential.
He also proposed that outdoor seating only be allowed along streets that do not abut residential
properties.
Dr. Philips stated that currently, the proposed change wouldn’t affect the commercial properties
along SW 62 Avenue because there aren’t any residential properties that are across the street.
However,it might come into play if another area in the City were rezoned to NR.
Mr. Borges asked if the Board would have to vote to amend the item, to which Mr. Pepe stated
yes.
Mr. Lago proposed that the following language be added “with the exception of a street that
abuts single family residential uses.” Mr. Basu agreed that this proposed wording would address
the issue.
When asked, Mr. Lago refined his proposed language to be:
“With the exception being outdoor seating on the frontage road that abuts single
family residential uses.”
Mr. Pepe then proposed the following language be placed at the end following the word
“district”:
“Unless the use is on a street that does not abut a single familyresidential district
and provided the use is between the street and the structure where the restaurant
is located”
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Mr. Basu stated that the language should be left at the first part. The wording “If the street
doesn’t abut single family residences” would be good enough.
Mr. Borges asked for clarification on how the proposed amendment changes the intent of the
item. Mr. Pepe stated that there would be a little more flexibility under certain circumstances.
The change would require that there be a building separating the outdoor seating from the
neighborhood.
Mr.Borges gave an example of a property that has a frontage of 200 feet. The building only has
a frontage of 100 feet. Does the outdoor seating have to be placed in front of the building or
could it be placed in the 100 feet that doesn’t have any portion of the building as a buffer? In
response to the question, Mr. Pepe asked if outdoor seating is only allowed in front of the
business that is requesting it, to which staff stated yes. The seating is only allowed in front of the
business. If the applicant wishes to have seating outside of another business, they must get
written approval from the adjacent business.Mr. Pepe then asked if the property had a vacant
property, could the outdoor seating be expanded to that area, to which staff was unable to
answer thequestion. Dr. Philips responded that an application must be filed and then reviewed
by the City.
Mr. Borges reiterated his example of the property with a frontage of 200 feet. He then asked if
the property owner would be allowed to put outdoor seating throughout the property. Dr.
Philips responded that the property owner would currently be allowed to have the seating. She
then stated that the Board needs to determine how to limit the seating just in front of the
building. Mr. Borges stated that the Board should accept the ordinance as presented since it
would be more restrictive.
Mr. Lago stated that the intent of the proposed ordinance is to really limit noise into the
neighboring residential properties. If the Board is trying to limit the noise into the single family
residential district, there should be some language that statesthat outdoor seating is only
permitted along the front of the building so that there wouldn’t be any noise going to the
neighborhood.
Mr. Pepe suggested that instead of trying to amend the ordinance, have staff put it into some
language and submit it to the City Commission as the proposed recommendation to the Board.
Dr. Philips suggested that outdoor speakers could be eliminated. Talking wouldn’t generate
much of a noise.
Motion: Dr. Philips moved todeny PB-18-005. The motion was seconded by Mr. Lago.
Due to confusion with the motion, Dr. Philips elected to withdraw her motion.
Motion: Mr. Lagomoved toapprove PB-18-005. The motion was seconded by Mr. Borges.
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Vote: Yes 3, No 3(Philips, Palmer, Basu)
Mr. Borges: Yes
Mr. Lagos: Yes
Dr. Philips: No
Dr. Palmer:No
Mr. Jacobs:Yes
Mr. Basu: No
V.Public Comments/New Business
The Chairperson opened the floor for public commentsand any new business.
Public Comments Section
No public comments were heard by the Board
New Business Section
Dr. Philips stated that she has two (2) items to discuss:
1.The designation of the Chairperson so that he/she can speak at the City Commission meetings
2.The drafting of an ordinance that addresses affordable housing that represents what the Board
would like to see in the City.
Item 1
Mr. Borges stated that he recuses himself from discussion on item #1. Because of discussion on the
Fellowship Church project and his relation to the project, Mr. Borges recused himself from voting
on the item.
Dr. Philips asked the board what she should speak about at the City Commission meeting. Dr.
Palmer stated that she should speak on the Fellowship project. Mr. Basu and Mr. Lago objected to
item #1.
The Board then held a discussion as to whether the Chairperson should be appointed to speak at
the City Commission meeting as well as the ethics on speaking at the meeting.
Mr. Borges stated for the record that he will not be speaking on the Fellowship item when it comes
before the City Commission for review.
Item 2
Dr. Philips asked if the Board could develop some sort of proposal that includes incentives for
affordable housingthat the Board could push City Commission to consider. Mr. Pepe stated that
the Board can propose an ordinance that includes bonuses like those allowed in the TODD district.
Mr. Basu stated that the Planning Board doesn’t have the resources to put together an ordinance
of this nature. The Board did its job setting the goals and policies when the Comprehensive Plan
was reviewed.
Mr. Borges asked if the Board has the authority to make these types of recommendations, to which
Mr. Pepe stated yes.
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The Board then held a discussion on affordable housing in the City.
Mr. Lago proposed that the Board look up how different cities handle affordable housing incentives
and bring those items to the next meeting for discussion.
Dr. Philips requested that the discussion regarding affordable housing incentives be placed on the
agenda for the next meeting under “New Business.” Ms. Tompkins stated that she would need the
articles for discussion a week before the meeting.
Dr. Palmer suggested that variances could be given as incentive for affordable housing. Mr. Basu
then warned the Board on the usage of variances.
The Chairpersonclosed the floor for new business.
VI.Approval of the Minutes
1.Planning Board Regular Meeting Minutes of March 13, 2018:
Motion:Dr. Philips moved to approve the minutes as presented. The motion was seconded by
Mr. Basu.
Vote: Yes 5, No 0(None)
Mr. Borges: Recused
Mr. Lagos: Yes
Dr. Philips: Yes
Dr. Palmer:Yes
Mr. Jacobs:Yes
Mr. Basu: Yes
VII.Future Meeting Date:
A)Regular Meeting –May 8, 2018
VIII.Adjournment
The meeting was adjourned at 8:45P.M.
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