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6075 SW 64 ST_EB-96-008 CITY OF SOUTH MIAMI Building,Zoning and Community Development Revenue Code Classification Amount 322100 Permits 341910 Reinspection Fees 321100 Occupational.License - Renewal 321200 Occupational License a New 329100 Penalties on Occupational License 341930 Certificates of Use/Occupancy 341940 Code Enforcement Fines 322200 County Code Compliance Fee 341900 State Radon Fee 341200 Planning Division and Public Hearing Fee GO- 341300 RPB Dumpster/Temporary Sign /Tree Permits 341400 Microfilm 369920 Miscellaneous: Maps, Copies, etc. P o Date: _j TOTAL, $ S�'_,_` ....- - -.✓`airy T 0 ri?_. 'I ORDINANCE NO. 3-99- 1677 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20-9 OF THE LAND DEVELOPMENT CODE TO INCLUDE THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in July of 1994 , the community gathered together to set forth a plan for the Charrette Too Study Area; and, WHEREAS, the existing semi-public, community-based service provider facilities, such as churches, mosques, synagogues and temples, were addressed in the Charrette Too Study as follows : Public buildings are instrumental in creating civic pride. The public buildings of the community (and their grounds) should be welcoming, confident, and well-maintained. The architectural design and siting needs to reflect their permanence and importance to the community.... Civic building sites should be permanently designated, not considered "non-conforming uses. " For example, churches should be treated by the regulations as permanent public institutions. and; WHEREAS, on February 18, 1997, the Mayor and City Commission voted to create a Community Service Overlay District in order to permit parking lots, out parcels, day care centers and additions on those properties under the sole ownership of community-based service providers, such as churches, mosques, synagogues or temples; and, WHEREAS, on February 2, 1998, Mount Nebo Church, a community-based service provider, attained additional properties within the Charrette Too Study Area and "RS-4, " "Single Family Residential" zoning district from Miami-&de County, which are legally described as follows : East 50 feet of West 200 feet of North 105.50 feet of East % of Northwest % of Southeast % Less Streets, Section 25-54-40, Dade County, Florida, and, East 50 feet of West 150 feet of North 105.50 feet of East % of Community Services Overlay Ordinance: 2 nd Reading November 3, 1998 1 Page 2 of Ordinance .,n . :'-G'q- 1677 Northwest % of Southeast % Less Streets, Section 25-54-40, Dade County, Florida; and, East 50 feet of West 100 feet of North 105.50 feet of East % of Northwest % of Southeast % Less Streets, Section 25-54-40, Dade County, Florida; and, West 50 feet of North 105.50 feet of East % of Northwest % of Southeast % Less Streets, Section 25-54-40, Dade County, Florida; and, WHEREAS, Mount Nebo Church attained said properties in order to provide additional community-oriented services to the community; and, WHEREAS, On October 13 , 1998, the Planning Board voted 6-0 to recommend approval of the ordinance; and, WHEREAS, the Mayor and City Commission find that it is in the public interest to include said properties in the Community Service Overlay District in order to allow Mount Nebo Church to provide additional services to the surrounding community. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1 . Section 20-9 .3 , entitled "Boundaries, " is amended to include the subject properties, as set forth in "Exhibit A, " which is attached hereto. Section 2 . Figure 20-9 . 1 is amended to include the subject properties, as depicted in "Exhibit B, " which is attached hereto. Section 3 . If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this ordinance. Section 4 . In the event of any conflict between this ordinance and prior ordinances or resolutions, this ordinance shall govern. Section 5 . This ordinance shall take effect immediately at the time of its passage. Community Services Overlay Ordinance: 2°d Reading November 3, 1998 2 Page 3 of Ordinance No . 3-99- 1577 PASSED AND ADOPTED this19thday of January 1999 , ATTEST: APPROVED: CITY CLERK MAYOR COMMISSION VOTE : 5-0 Mayor Robaina : Yea READ AND APPROVED AS TO FORM: Vice Mayor Oliveros : Yea Commissioner Bethel : Yea Commissioner Feliu : Yea Commissioner Russell : Yea CITY ATTORNEY c:\ ._ \ ldc \ C2-overlay-Ord Amendment.doc Community Services Overlay Ordinance: 2 nd Reading November 3, 1998 3 CITY OF SOUTH MIAMI INTER-OFFICE MEMORANDUM To: Mayor and City Commission Date: January 14, 1999 Agenda Item # From: Charles D. Scurr Re: Comm. Mtg. 01/19/99 City Manager Community Service Overlay REOUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI. FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20-9 OF THE LAND DEVELOPMENT CODE IN ORDER TO INCLUDE THOSE PROPERTIES LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT: PROVIDING FOR SEVERABILITY; PROVIDING FOR ORDINANCES IN CONFLICT; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND & ANALYSIS: On February 18. 1997. after input from the community. the Mayor & City Commission created the Community Service Overlav District in order to provide for the special needs of community- based service providers. Specifically, the district was created to permit parking lot improvements. out-parcel development. day care center facilities and building additions for those properties under the sole ownership of community-based service providers. such as churches. mosques. synagogues. and temples. On April 13. 1998. Pastor Emanuel Whipple of Mount Nebo Missionary Baptist Church submitted a letter to the Planning & Zoning Department. requesting the City's review of development plans for the church's property. The development plans included properties which the church had purchased on February 2, 1998. from Miami-Dade County in order to provide an educational facility for at-risk students. The properties are not in the Community Service Overlay District and are currently zoned single family residential. The single-family residential zoning district does not permit the church's proposed use. The proposed ordinance would amend the Community Service Overlay District to include the subject properties. allowing the subject properties to be developed pursuant to Section 20-9 of the Land Development Code. As a result. the Church's request to locate a school facility on the premises could be approved pursuant to the special use process. On August 11. 1998. the Planning Board deferred review of the proposed ordinance in order to allow Mount Nebo Church the opportunity to submit a site plan and other information. which would better identify the anticipated development of the subject property. The attached letter of intent explains that the proposed facility would be used for continuing the education of"at-risk children." The classes would accommodate an estimated 75 children. and various activities would operate between 7:30 a.m. to 9:00 p.m. Overall. the proposal would provide valuable services to the community and substantially improve vacant property; however, it also presents two very important potential impacts to consider: (1) The surrounding area is largely single family residential. The proposed school facility would most likely generate more traffic and noise than single family residences. (2) This request to expand the district is probably the first of several, as there are several other properties in the area owned by community churches. The approval of this request may serve as a precedent to future applicants, thereby, allowing the area to accommodate more intensive permitted and special uses, such as churches, day care centers, aclfs. counseling services. funeral homes. and schools. rather than the single family homes for which the underlying zoning is intended. This shift in use is not necessarily negative; in fact. it could be a positive development for the community. But, it is essential that the decision to approve or disapprove be a conscious one. In addition to the above potential impacts, it is important to note that (1) if a non-church were to buy the subject properties, the subject properties could only be used as single-family residential properties; (2) the proposed school use and any other "intensive" use, which requests to be located in the District, would require special use approval; and (3) the Church has proposed to utilize a"modular" building, which may or may not be compatible with City standards, however, that aspect of the application will be considered as part of the special use application and permitting process—not as part of this ordinance to amend the zoning district. On October 13. 1998. the Planning Board voted 6-0 to recommend approval of the application. The item has been deferred since November 3. 1998, in order to enable the City Commission and the CRA Board to determine the CRA Board's role in the legislation of such matters. RECOMMENDATION: Approval. Attachments: Proposed Ordinance Exhibit A Exhibit B County_ Deed Letter from Pastor Emanuel Whipple, dated April 1, 1998 Letter from Pastor Emanuel Whipple, dated September 14. 1998 Site plan Minutes from 8/11/98 Planning Board Meeting Minutes from 10/13/98 Planning Board Meeting Exhibit A 20-9.3 Boundaries The properties in the Community Service [CS] overlay zoning district are indicated as darkened areas in Figure 20-9.1 (see attached) and are legally described as follows: Lots 7, 8 and 12 of Block 1, PINES SUBDIVISION, according to the plat thereof, as recorded in Plat Book 13 at Page 2 of the Public Records of Dade County, Florida: and. Lots 31, 32 and 33 of Block 5, Lots 34, 35 and 36 of Block 6, and the alley lying between Lots 34 and 35, Lot 40, less the west 15 feet thereof, Lots 41, 42, 43, 44, 45 and 46 of Block 7, and 4 feet of the alley lying south and adjacent to Lot 46. Lots 70 and 71 of Block 12. and Lot 87 of Block 15 and 7'/ feet of the alley lying west and adjacent to Lot 87, less roadway dedications. FRANKLIN SUBDIVISION, according to the plat thereof, as recorded in Plat Book 5 at Page 35 of the Public Records of Dade Counry, Florida: and, Lots 1. 2, 3. 4, 5,6, 9, 10, 11, 12, 13, 25, and 26, RE-SUBDIVISION OF TOWNSITE OF LARKINS, according to the plat thereof, as recorded in Plat Book 4 at Page 1 of the Public Records of Dade County, Florida: and Lots 12, 13 and 14 of Block 2, TOWNSITE OF LARKINS SUBDIVISION, according to the plat thereof, as recorded in Plat Book 2 at Page 105 of the Public Records of Dade County, Florida; and, the North Y2 of Lot 5, Lots 6, 7, 8, 9, 10, 11, 12 and 13 of Block 2, and Lot 4 of Block 4, less roadway dedications, AMENDED PLAT OF HAMLET. according to the plat thereof, as recorded in Plat Book 4 at Page 48 of the Public Records of Dade County, Florida: and, East 50 feet of West 200 feet of North 105.50 feet of East % of Northwest '/ of Southeast '/ Less Streets Section 25-54-40, Dade County, Florida: and. East 50 feet of West 150 feet of North 105.50 feet of East % ofNorthwest '/. o Southeast '/ Less Streets. Section 25-54-40 Dade County Florida• and East 50 feet of West 100 feet of North 105.50 feet of East Y of Northwest '14 of Southeast '/ Less Streets Section 25-54-40, Dade Countv. Florida: and West 50 feet of North 105.50 feet of East '/ of Northwest '/ of Southeast '/ Less Streets. Section 25-54-40 Dade County Florida Exhibit B J�. ..ate _. _ .. .. I 1 1111111 = TI $ Id. • I L J . I iT •YAyt{• �;•• �MSS• � ' � . t 1 i • 1 r I P', 1 11 ITM Y awon Lam. FIGURE ZQ-9. 1 Orr COUNTY DEED 98RC 48724 1998 FE$ THIS DEED , made this 2nd day of FEBRUA Y , 1998, by Miami- Dade County ,Florida (fWa Metropolitan Dade County , Florida), a political subdivision of the State of Florida. called"COUNTY"and DESTINY HUMAN S1 RVICES CORPORATION , of 6075 i S.W. 64 Street , South Miami, Florida 33134, hereinafter c Illed"DEVEEOI ER". WITNESS : That the COUNTY for and in consider tion of the sum of TEN DOLLARS (S10.00), to it in hand paid by the DEVELOPER, receipt c f which is hereby. acknowledged has granted, bargained and sold to the DEVELOPER, its heirs md its assigns, subject to the right of reentry set forward below, the land lying and being in Dadi County, Florida': DOCSTPM. E 0.00 BURTX HARVEY tjtlVIN► CLERK DADE COL See Exhibit "A" Legai Description ttached Hereto i i This Deed conveys only the interests of Dade County and i s Board of Coun Commisioners in the property described herein, and not warrant title therein I . This Conveyance is made subject to the foil wing covenants �unning with the land. and setting forth the right of reentry , o wit: A. Developer will commence work on he Project improvements (the I� "Improvements"), as outlined and cribed in Schedule "A"attached herein, and complete such improvements in accordance with Schedule "Ate 1 REC. 1 1 965H 186 B. Promptly after completion or Improvements in accordance with approved plans and provisions of t is Instrument. th,: County shall furnish the Developer an appropriate Ins rurnent certifying to the satisfactory completion of the Improvements. Such certificancrt shall be in a form recordable in the Office of the Cleri of the Circuit Cc:urt of Dade County, Florida. C- The Developer agrees for itself, its successors and assigns, to or of the Property or any part thereof. that Ihe Developer and such successors or assigns shall: Not discriminate upon the basis of race, culor, religion, sex or national origin in the sale, lei se or rental or in the use or occupancy I of the property or any Im Yrovements erect,Id or to be erected hereon or on any pan thereo and this covensit shall be binding to the fullest extent Permitted b r law and equity,'i'or the benefit and in favor of, and enforceable by he County, its su ccessors and assigns. and any successor in intemes to the property, or any part thereof. The County shall have the right in the event iIf any breach of any such covenants, to exercise all the rights avid remedies; and to maintain any actions or suit at law or in equity or other proper proceedings to enforce the diring of such bn!ach of covenant, to which it or any other beneficiaries of such covenant may be entitled. Z • OFF. '� D. The Developer (or Successor in In -'rest), shall pay the real estate taxes or assessments on the ro p perry or any Dart thereof when:due. Developer shall not suffer any levy or artachm t to be fie•• or any material or mechanic's lien, or any unauthoiLzed enctunbranc;e or lien to attach, except: I a) Any most e s gag ( ) to favor of any insutut;bnal lender for the Purpose of financing any h ird costs or soft(costs relatin g to the construction of the Improve merits in an amt unt(s) not to exceed the value of the Improveme s as determined tl an Y appraiser;and b) Any mortgages) in favor any institutiorr+l lender refinancing any mortgage of the charactf r described in ciiiuse (a) hereof; in an amount(s) not to exceed he value of t} Improvements as determined by an appraiser. C) The recordation, together w th any mortgage, purporting to meet the requirements of clauses( ) or(b) above, of la statement of value by a Member of American Institute of Reid Estate Appraisers C'MAI"), (or member of an e similar or successor organization), stating the value of the Imp vements is a di to or Q greater than the amount of such mortgage(s), shall constitute conclusive evidence that such mortgage neets such requiii ments, and that the right of any reentry hereunder shall be subjec I t to and limited by, and shall not defeat, render it alid, or limit in'any way, the lien of I such mortgage. For purpost s of this paragraph an "institutional 3 ,I °": 1 Rf C. 17 lender .' shall mean i ny bank, saving, and loan association. insurance company, f undation or othe charitable entity, real estate or mortgage nvestment host pension funds, the Federal National Mortgage Association agency of the United States Government or other governmental agency. E- Developer shall not transfer the IrOPerty or any part thereof without consent of the County and shall nc t change the owt:ership or distribution Of the stock of the Developer or w respect to the ideality of the parties in control of the Developer or the d gree thereof. p In the event the Developer shall violate or otherwise fail t4 o comply with an•i of the covenants set forth herein or Schedule `A" attached herein, the evelo per shall correct or cure the dcfault/violation within thirty (30) days of notification of the default by the County. if Developer fails to remedy the default within thirty (3 0) d Lys, the County shall have the right to reenter and take possession of the property and to terming i (and revest in t u County) the estate i conveyed by this Deed to the Developer, provided, that such right to re:ntty shall always be subjected to and limited by, and shall not defeat, render invalid, or limit ir" any way the lien of any valid mortgage or Deed or Trust permitted by this Dee . ,4_ KCB. 1 1 .lVV. r T WrrNZ ESS WHEREOF, the said County has caused these presents to be executed in its i name by its Board of County Commissioners acting timugh the MayST, the day and year aforesaid. •i Dade County Florida By its Board f County Comm ssioners By: a.. Mayor • ',A • . Printed Sigaaurc of Mayor ' Stephen P. Clark Center z K rn 111 N.W. 1St Strcct. 17th Floor �J as Miami. Florin 33128 ! ATTEST: ••'''� Harvey Ruvin, CIerk of Circuit Court By : I D clerk Signature By: �fiL�t-�-�► v Yuo Deputy Cleric Printed Signature Stephen P. Clark Center I 11 N.W. 1st Street, Suite 210 Miami, Florida 33128 i Prepared by: Sidney Beckom Dade County Office of Community and Economic Dcveiopment 140 West Hagler Street, Suite 1100 ' Miami,Florida 33130 ;I ,I 5 °". i 7965PC 186 AEC. ACKNOWLEDGMENT OF TRUSTEE, ADMINISTRATOR, EXE--UTOR GUARDIAN OR ANY PERSC N ACTING j IN A REPRESENTATIVE C VACITY STATE OF FLORIDA COUNTY OF DADE The foregoing instrument was acknowledged me q�J ` N� ed bf this s�_ 2 ( Q�t� by ch1 who is personal1v known to me or who has produced as identification and who did(did not) take an oath. 4 ,4,,,4- Sigma ' of Person Taking eknowiedgmenr Name - Print or Typed i Title or Rank Serial Num i i WITNESS, my hand and official seal.this t70 da of �t 14 4v- A.D., 19 c7 t � Notary Public, State Flori Large 1'7 ::;'=TH F. GULD RAND Printed Signature of Notary i LQSrRN`�� My Commission expires ) rfM f GU fl � co M 6 OPf. Schedule I. PARKING LOT II. EDUCATION AND SENIOR C17 IMN FACII,M cS i I. Parking Lot ' I, A parking lot shall be developed in accordance w' the City of souih M. Construction Regulations. Construction of ' vements consist Miami Building and ��, lighting and fencing shall begin within h8 of asphalt paving, and be completed within six (6)months from the s of3constructio n.m date of this Deed The parking lot shall be developed on the followie g described '+ T it y Parse--- I I J.Lets 66 and 67, in Block 11,FRANK 2N SUBDMsii I Plat Book 5, at Page 20,Dade County, Florida. t?N,as recorded in Folio No.09-4025-010.0660 , I� fie}12-?-Lot 68, in Block 1 I and 7.50 feet Alle ,Lying West anii Adjacent Closed per R-92-1515.FRANKLIN SUBDIVISION,as recor led in Plat Book 3.at page 20,Dade County,Florida. i Folio No.09-4025-OIG-0670 Parcel 14-11-0 l.Lot 69,Block 12 and 7.50 fees Per R-92-1515, �'I'�g East sold Adjacent Closed SUBDIVISION, as riled in Plat Bi)ok 5,at Page 20, Dade County,Florida Folio No. 09-4025-01040680 - 6051 S.W. 64 S et � II. Educational and Senior Citizen Facilities The Educational Facility will offer such programs as child can, an After-School Tutorial Program. a Youth Alternative Program for at-is' k students who have been suspended from local schools, but would Me to continue academic 3tudid4, as well as receive counseling. i The Senior Citizen Program will provide daily hot ,recreationtl activities. adult care, etc. ; The design and construction of the facilities s begin within twit ty.four (24) months from date of this Deed and be completed within -six (36) months from the start of construction. 'Me improvements shall be upon the llowing prvpett Page i of 2 Schedule"A" is � Exhibit"A" �-= ..Z U Lots 66 and 67, in Block 11, FRANKLIN SUBDIVISION 20, Dade County, Florida. 'u, as recorded in Mat Book S, at Page Folio No. 09_4025-010-0660 6001 S.W. 64 Street Lot 68,in Block 11 and 7.50 felt Alley,LL 2Dac r FRANKLIN SUBDIVISION, as recorr in Plat Book S,adjacent Page 0 County.Florida. Folio No. 09.402.5-010-0670 I I i +I I i i �I �i �I i I i �I Ii �i i I i i Page Z of 2 i Irgai eons - Fihi 't"A" i 1x12202t-A . Legai Dcacripnon Psse121-3 East 50 feet of West 200 feet o f North 105.50 feet of Eat ih of Northwest"A of Northwest '/, of Southeast 'A Ltsa Streets,Section 25-54-40, Dade County Florida. Folio No. 09.4023-000.0790 6048 S.W. 64 Street � Parcel 71-4 East 50 feet of West 150 feet of North 105.50 feet of East of Northwest 4 of Northwest 1/a of Southeast% Less Streets,Section 25.54-40, Dade County Florida Folio No. 09-4025-000-0720 land East 50 feet of West 100 feet of North 105.50 feet of East yi of Northwest of Northwest '/.s of Southeast 'A,Section 25-54-40,Dade County,Florida. i Folio No.09-4025-000.0900 I Pa=21 I West 50 feet of North 105.50 feet of East yi of Northwest 'A of Northwest 14 of Southeast 1/, Section 25-54-40, Dade County,Florida. i Folio No. 09-4025-000-0700 6096 S.W. 64 Street I P 1=1 14-11-01 Lot 69,in Block 12 and 7.50 feet Alley,Lying East and ac jacent Closed Pel!R-92-151 S, FRANKLIN SUBDIVISION, as recorded in Plat Book 3,at Page 20, Da& County,Florida. Folio 09-4025-010-0680 6051 S.W. 64 Street Page i of 2 Legal Descriptions - 't"A" ! i i V N1r VY.rr Il - YNlI�V.GNfiV Page 2 AEC. 1 t JU•�I u ' Pnrr�z - East 50 feet of West 200 feet of North 105.50 feet f East �i of Northwest 1/.of Northwest " of Southeast y, Less Streets, Section -54-50.Dade('ounty,Florida. Folio No.09-4025-000-0790 E=1 21-4 East 50 feet of West 150 feet of Notch 105.50 feet 2f East �j of Northwest /4 of Northwest S4 of Southeast y,Less Street. Section 5.54-40; Dade County, Florida. Folio No.09-4025-000-0720 Parcel 21-S_ East 50 feet of West 100 feet of North 105.50 feet f Ent%of Northwest'/. of Northwest 'A of Southeast ", Section 25-54-40, D County,Flocl.ia, Folio No.09-4025-000-0900 Parcel 21-6 West 50 feet of North 105.50 feet of East W of Northwest SG, of Northwest r/. of Southeast %,Section 25-54-40.Dade County, Flcn'da. Folio No.09-4025-000-0700 In the event that construction has not started n the Educational and Senior Citizen Facilities prior to, or within twenty-four (24) mo hs from date of this County Deed. the developer may erzct temporary facilities to ter programs described herein. The duration of use of said facilities shall be in ac== with the Jega)ly allowed time period pursuant to City of South Miami regulations. or mil adequate funding for construction of permanent improvements have been secured, h=d ver comes first. but subject to the following paragraph below. If. after 7 years from the date of this County The Parking Lot and permanent Education and Senior Citizen Improvements ve not been completed. the County reserve: the right to reenter and take po n of the prope^'ty that has not been developed in accordance with this County Deed. ee,s�ro+•eMt�eeoreesaoor as oast cowvrr.rtoww. Page 2 of 2 NARVEY RUVIN .ox/`Wcnur rouAt Schedule "A'Improve acs FACSIMIUE COVER SHE: Aft Mae Mba%~y swa"c chowc* mkft FE=111 i�lor�: a0T�9A i SL7VD rarwnrA t� prof iI now AAMOM - O 6 -cam Q Q COMPAWM i i i I i A E i f l September 14, 1 l Mr.Gregory th J. Pl City of Sou aaarr 6130 Sunset Driv South Miami,FL 33143 Dear Mr.Ora Attached you find a Schedule of the p1wn that we ha in rcgrds to thx) proposed use of the land that is now t that is both South and East d the Mt.Nebo Missionuy Baptist t b=b, located at 6073 S.W. 64th Street. cad If you have any questions regarding this matter,please call me at 667.3696. Sinoaeiy, l Emanuel Whipp President I I j i The O rictaum tbat will be used is High Scope L niter,oae of wb&h is used for Head Start , All =tous programs will be catered to a all over Dade-Cotmty however, it is o be filled with childMU from the Sotith Miami Area bi>cause these is such a for theae programs due to the fact thlt the Head Start Program is a Fedws.113 Funded Pfor m for Low Iacome FamMos. The fwak as are expected to be udlited from 7:30 aj=to 4:00 p.m. we are als onakiag saaaactments to lease the build that wfII be slat of the C�ch for aaotho�youth project to accomodato the South Mimi Academy f cc a project that �'e ad dmough the Department of J6venilo Justice dMit is in need of Spam that amsist of two classrooms to aeoomods (M chtUmt,Teacbers sod and Ad ' native Offices. 'Deis funding wM bo ooattiag directly through the(qty of South if the f is net utilized as stated above the arm be udlize�for sdditlmal edu programs and Adminlstmtive Offiam The,O&UM Monal facilities aball be developed on do fdlo East 30 f of West 200 feet of North 10530 feet Eau 112 of the Nrzthwest 114 of Narthwes 114of Southeast 114, Las Streets Sacticii 23 54-50,Dade Cwaty,Florida. Folio NcL 4)00.0790 hCow East 50 feet of West 130 feet of North 103.30 feet of Fast 112 of Northwest 114 of NM*wes 114 of Southeast. 114 Less Street, Sectia{o 23 Florida. Folio No.09-4023-000-0720. E 54-40, ��County, Patcal 3 East 50 F vt of West 100 feet of North 103.50 feet East 1/2 of Nast tweet 1/4,of N 114, of Southeast 114,Sect;aa25-34"0, Dade County, Florida. Folio NcL 094025-000•x900. West 50 fect of North 10350 feet of Fast 1/2, of 14mhwmt 1/4 of Southeast 114, Section 2 -34-40,Dada County,Florida. Folio No 09.4023.0700 i I I OVri\1J I. PARKING LOT; U. EDUCATION AND SENIOR CM-!!ENS FACILrMLS i I I. Parkia,g I at A per of shall be developed in accordance t Qty of South Miami Building and Con; ctloas Regulatiats. Canamuction of' tneats consisting of asphalt pa's iigbtin&and fencing. The lot shall be developed on tho foll dosenffiad propmty; Lots 66 67,in Block 11,FRANKLIN SUBDIN ISION, as rcoordad in Hat Book S, at o 20, Dade County, Florida. Folio No. ZS-010-0660 11- Lot 69, in Mock I I and 730 feet Allay, W t cad Adjacent Closed PCC R-92- 515, FRANKLIN SUBDIVISIbN,as re cmded in Flat Book 5,at Page 20, Dodo jNom. ty, Florida. Folio -010-0670 1-01 Lot 6% 12 and 7.50 feet Alley,Lying East anent Qos,sd Per R-92 1315,FRANKLIN SUBbIVISI N, as tiecaa�ded in Plat Book 5, at Page 20, Dada C Folio No. ty 023-010-06W; - 6051 S.W.64th Stt et IL Educatim al aad Senior Ckken Fadlities The Edu anal Facility will be and expansion of tisr, cbild care arvices that arc presently mWerad at 6075 S.W. 64th Street,an Af ar-Sdhoci TutorLd Program a Youth Altemad a Program for at-risk students who have 3een suspended f*om local schools but woulc irks to continue their academic studies a i well as receive,counseling. Tbo anal Facility will consist of(3) ci that will acci modste(75) ebUdmn. In wch claawo=dmm will be a C Tcact oe aad at Assistaat Teacher. Thu Pm ems that we wM be co with tbs will be utilizing he fa it wit be a ead Start ftoamm and a Pro-k Progrnni with Dade Couny Public Scboois. I l c bs 0 j Sl TJ - -4 U 70. 60' s o 0 U 3S 6'cp tA c .. R LA / a � 0 All /LA 0 C / • r f r 0 8 o / �• 0 �. s Z W a. v D �1�s•4• �.,o� zs tee" N n N 0 o • ti i r m � c n W. ,� ' AVE - CA z SUMMARY MINUTES REGULAR MEETING Planning Board Tuesday, August 11, 1998 City Commission Chambers 7:30 P.M. I. Call to order and the Pledge of Allegiance to the Flag A. Mr. Pages, Chairperson, called the meeting to order. II. Roll Call A. Board members present constituting a quorum 1. Mr. Pages; Mr. Huggins; Ms. Chimelis; Mr. Wiscombe; Mr. Lefley B. Board members absent 1. Mr. Morton; Mr. Basu C. City staff present 1. Greg Oravec (Acting Director, Planning & Zoning) III. Public Hearings A. ITEM: PB-98-016 Applicant: Mayor& City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20-3.3 (D) OF THE LAND DEVELOPMENT CODE IN ORDER TO PERMIT THE "FRATERNAL ORGANIZATION OR PRIVATE CLUB"USE AS A SPECIAL USE IN THE "PI" PUBLIC/INSTITUTIONAL ZONING DISTRICT; PROVIDING FOR SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT; AND, PROVIDING FOR AN EFFECTIVE DATE. 1. Mr. Huggins read the request into the record. PB Min 08-11-98 1 item on a citywide basis. with respect to any business or any catering service and not just with respect to the Elks Club. e. Ms. McCann stated that she is "vehemently opposed" to allowing a business in PI zoning districts, and she questioned the City Manager's ability to revoke an approval. f. Ms. McCann closed by adding that because an organization wishes to have a business within the PI zoning district, such a desire is insufficient justification to permit it. g. Prior to closing the public hearing, Mr. Pages explained that allowing the Elks Club to proceed was done in order to "flush out" broader issues relating to catering services associated with fraternal organizations. 16. Public hearing was closed. 17. The Board continued with review of the application. a. In response Ms. Chimelis's inquiry regarding if the level of food service would be sufficient for someone without having to cater offsite or to outside interests, Mr. Walker replied that catering services are probably economically necessary for the individual performing cooking services at the Elks Club. b. Mr. Wiscombe explained that he is attempting to examine the item in regard to its impact on PI zoning districts citywide, as citizens are concerned as to the negative effects on surrounding residential areas. c. In regard to discussion on the proposed catering use, staff explained that the important question is whether or not such a use would be appropriate as an ancillary use in PI zoning districts. d. The Board and staff discussed how the Planning Board should proceed with the item, and staff noted that the City Commission is looking for input from both the public and the Board. 18. Motion: Mr. Lefley moved to disapprove the application, as presented. Ms. Chimelis seconded the motion. 19. Vote: Approved: 5 Opposed: 0 C. ITEM: PB-98-018 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20-9 OF THE LAND DEVELOPMENT CODE TO INCLUDE THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT. PROVIDING FOR PB Min 08-11-98 6 SEVERABILITY: PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. Location: East 50 feet of West 200 feet of North 105.50 feet of East '/2 of Northwest '/4 of Southeast '/4 Less Streets, Section 25-54-40, Miami-Dade County, Florida; and, East 50 feet of West 150 feet of North 105.50 feet of East %2 of Northwest '/<of Southeast '/4 Less Streets, Section 25-54-40, Miami-Dade County, Florida; and, East 50 feet of West 100 feet of North 105.50 feet of East %2 of Northwest '/4 of Southeast '/4 Less Streets, Section 25-54-40, Miami-Dade County, Florida; and, West 50 feet of North 105.50 feet of East %2 of Northwest '/4 of Southeast '/4 Less Streets, Section 25-54-40, Miami-Dade County, Florida. 1. Mr. Wiscombe read the request into the record. 2. Staff presented the item to the Board, reviewing a City's Manager's report, dated June 9, 1998, and noting background information on the City's establishment of the Community Service Overlay District in 1997. 3. Public hearing was opened. a. Mr. David Tucker, Sr., of 6556 SW 78 Terrace, signed in and spoke before the Board. Mr. Tucker began by explaining that questions had been raised as to actual ownership of the properties involved and that concerns had been expressed as to the amount of paving taking place. b. Staff explained that this ordinance, unlike the others considered earlier, does apply to a particular area. c. Staff further explained that the City had addressed questions in regard to ownership, as the deed states "Destiny Human Services Corporation" and not Mount Nebo Missionary Baptist Church, and that the concerns involving the amount of paving will be addressed later in the process. including ERPB review. d. Staff noted that the property had been acquired by a corporation, specifically "Destiny Human Services Corporation", which is associated with Mount Nebo Missionary Baptist Church, as Miami-Dade County did not wish to deed property to a religious affiliation. e. Mr. James Bowman, of 6250 SW 60 Avenue, signed in to speak before the Board. Mr. Bowman opened by explaining that. from the information presented thus far, he was opposed to the application. f. Mr. Bowman suggested that. before the City moves forward with the application, clarification of issues may be necessary, such as in regard to plans for future facilities. PB Min 08-11-98 7 O SUMMARY MINUTES Regular Meeting Planning Board City Commission Chambers Tuesday, October 13, 1998, 7:30 p.m. I. Call to order and the Pledge of Allegiance to the Flag of the United States of America A. Mr. Pages, Chairperson, called the meeting to order at 7:36 p.m. II. Roll Call A. Members present constituting a quorum 1. Mr. Pages, Mr. Lefley, Mr. Basu, Mr. Morton, Mr. Huggins, Ms. Chimelis B. Member absent 1. Mr. Wiscombe C. City staff present 1. Charles Scurr(City Manager); Gregory Oravec (Acting Director. Planning & Zoning); Fernando Rodriguez, (Director, Public Works); Ron Stroyne (Parking Director) III. Public Hearings A. ITEM: PB-98-018 Applicant: Mayor and City Commission Request: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, RELATING TO AN AMENDMENT OF SECTION 20-9 OF THE LAND DEVELOPMENT CODE TO INCLUDE THOSE PARCELS LEGALLY DESCRIBED HEREIN WITHIN THE COMMUNITY SERVICE OVERLAY DISTRICT; PROVIDING FOR SEVERABILITY;PROVIDING FOR ORDINANCES IN CONFLICT;AND PROVIDING AN EFFECTIVE DATE. Location: East 50 feet of West 200 feet of North 105.50 feet of East '/z of Northwest 1/4 of Southeast '/4 Less Streets, Section 25-54-40, Miami-Dade County, Florida; and, East 50 feet of West 150 feet of North 105.50 feet of East % of Northwest '/4 of Southeast '/a Less Streets, Section 25-54-40, Miami-Dade County, Florida: and, East 50 feet of West 100 feet of North 105.50 feet of East '/z of Northwest '/4 of Southeast '/a Less Streets, Section 25-54-40, Miami-Dade County, Florida; and, West 50 feet of North 105.50 feet of East '/z of Northwest '/4 of Southeast '/4 Less Streets, Section 25-54-40, Miami-Dade County, Florida. PB Min 10-13-98 1 1. Mr. Morton read the request into the record. 2. Staff presented the item to the Board, relating background information on the establishment of the Community Service Overlay District in 1997. 3. Staff continued by noting background information relative to tonight's request, including Pastor Emanuel Whipple's letter submitted on April 13, 1998, and Planning Board's deferral of the item on August 11, 1998. 4. Staff explained Planning Board's deferral, including the Board's desire to review the actual proposal for property purchased by Mount Nebo Missionary Baptist Church in February 1998. 5. Staff further explained that additional information on the proposal had been submitted for the Planning Board's review, including a letter of intent and a site plan. 6. Staff asked that the Board, in reviewing this information. seriously consider two major points involved, as outlined on page 2 of an inter-office memorandum entitled Community Service Overlay District and dated October 12, 1998. 7. The public meeting continued. a. Mr. Lefley inquired as to page 2 of the subject memorandum, specifically item(2), asking if several of the listed uses were "essentially commercial." b. Staff acknowledged that some of the listed uses were commercial and reiterated that that was an important point to consider during review of the request. c. Staff elaborated that the Community Service Overlav District had been established for existing properties, including currently existing churches; now, property currently zoned RS-4 is being considered for incorporation into the District. d. Mr. Lefley asked if"opening up" for commercial uses was involved and staff responded that, while they are more "intensive," such uses would have to be associated with the not-for-profit. e. Mr. Lefley inquired as to the transfer of County property that had occurred and staff replied that the County could not complete the transfer to Mount Nebo Church directly, but with the not-for-profit associated with the Church. f. Mr. Scurr noted that churches have established private, non-profit corporate "arms" to provide such things as day care centers. g. Mr. Lefley inquired to whether a wholly-owned church corporation operating a funeral home is competition with the private sector. PB Min 10-13-98 2 h. Mr. Scurr replied that, while mention of a funeral home use had not been made thus far, special use provisions would provide a safeguard and that, in regard to the application at hand, a precedent may be set with a day care use. i. Mr. Lefley continued by asking that, if social services or traditional services run by churches and church-affiliated groups are at the heart of the matter, why is the ordinance so "broad"to include several other uses. j. Staff related that past efforts on the part of the City relating to this matter resulted in a what may be called"community services", including funeral homes, being provided by community providers, such as churches. k. In regard to the map, Exhibit B. figure 20-9.1, staff clarified that the darkened parcels on those in the District, with the arrow indicating the properties included in the request. 1. Mr. Pages asked staff to indicate the approval process involved for properties in the District. m. Staff stated that permitted use by right includes church, temple, or synagogue; community residential home having six residents or less; day care center having seven or more children; single- family dwelling; and park or playground, public or private. n. Staff stated that special use approval includes ACLF; community residential home having seven residents or more; counseling services; funeral home; school, elementary or secondary; and school, vocational or special programs. o. Mr. Morton asked if it would be possible for the Board recommending deletion some of the included uses, such as funeral home, and staff responded that such a recommendation can be forwarded to both the City Commission and staff via memorandum, following which staff can proceed with preparing the updated ordinance. p. Mr. Scurr inquired as to whether or not any churches in the neighborhood have funeral home services, and Pastor Whipple replied that there are none in the City of South Miami. 8. Public hearing was opened. a. Pastor Whipple, Sr. Pastor of the Mount Nebo Missionary Baptist Church, explained the proposal, noting that the intention is to open a pre-K school and a tutorial school for the community. b. Mr. David Tucker. Sr., of 6556 SW 78 Terrace, related his opinions regarding the request, including that bettering the educational process is a"great undertaking" and that offering tutorial support is an important service for the community. PB Min 10-13-98 3 c. Mr. Tucker continued by opining that the request, overall, represents a"community concern", which will eventually benefit the community's future, and he asked that the Planning Board carefully consider the details of the request in order to help make that happen. 9. Public hearing was closed. 10. The public meeting continued. a. Mr. Basu inquired as to the placement of a modular trailer, and staff clarified that the structure would be a prefabricated unit, to be attached to a slab. b. Staff noted that, while the City's code does not prohibit such a unit, it would be reviewed by the ERPB for its aesthetic "compatibility" with the neighborhood. c. In response to Mr. Basu's questions concerning the unit, a second representative, Mr. Santiago Cuello, spoke before the Board. d. Mr. Basu noted that the structure must meet the South Florida Building Code(SFBC) and asked as to how the structure would be constructed. e. Mr. Cuello began by explaining that the structure is constructed according to the Florida Building Code and would therefore meet the SFBC and is approved by the State of Florida, Department of Community Affairs (DCA). f. Mr. Basu inquired as to whether the structure had been approved by Dade County, and Mr. Cuello replied that the County is to accept structures approved by DCA. g. Mr. Basu asked how high the floor would be and Mr. Cuello stated that it would be raised approximately 28"to 34", with 34 inches being the maximum. h. Mr. Cuello continued by stating that a concrete footing and a reinforced concrete slab would be used. i. Mr. Basu attempted to clarify by summarizing that foundation walls "coming up" 30 inches, with a slab at grade, would be used. j. Mr. Cuello replied that the slab comes prefabricated, with footings placed at different locations and with anchors "all the way around." k. Discussion on the unit continued, and Mr. Basu inquired as to the materials to be used. 1. Mr. Cuello responded that plywood, gypsum board, fiber cement, and a rubber roof would be included. PB Min 10-13-98 4 m. Mr. Basu inquired as to how the site plan relates with the church property, and staff replied that the church property is located across the street. n. In regard to parking, staff confirmed that more parking is being provided than what the City code requires. o. Mr. Basu inquired as to City code provisions applicable to the prefabricated structure, and staff confirmed that there are no such code provisions that address the prefabricated structure. p. Staff noted that ERPB would review the structure for its architectural merit and compatibility with the surrounding neighborhood. q. In regard to approvals of the structure, Mr. Basu noted that while DCA may have approved the structure, Dade County must approve it as well. r. Staff replied that in consultation with the City's Building Director, who would review the structure for compliance with the SFBC and with the City's code, Ms. Sonia Lama had explained that there are no grounds for disapproval of the structure. 11. The public meeting continued. a. Mr. Morton inquired as to the 15-foot alley shown on the sketch, and staff responded that the incorrect site plan was included in the Board's informational packet and that the correct one was being presented to the Board directly. b. Mr. Morton asked again in regard to an alley, and staff responded that the other plan shows no alley. c. Ms. Chimelis inquired as to whether the corporation that had been established meets the legal standard, and staff replied affirmatively. d. Ms. Chimelis spoke in regard to the Board's meeting held on August 11, 1998, particularly public comments relating to agenda item PB-98-018, and staff responded that such commentary largely involved another church project, namely the rehabilitation of an apartment building. e. Ms. Chimelis explained that she was concerned with the intended hours, such as 7:30 a.m. through 9:00 p.m., and she opined that the neighborhood will be impacted earlier than 7:30 a.m. and later than 9:00 P.M. f. Ms. Chimelis stated that she would like to know if the applicant has addressed impact upon the neighborhood, including activity and traffic concerns, and has polled the neighborhood at-large to ascertain the degree of support for the item. g. Staff responded that these concerns, such as involving how a particular land use will affect surrounding land uses, would be addressed later under the special use application. PB Min 10-13-98 5 h. Ms. Chimelis replied that, while these concerns may very well be addressed during the special use process, she would like the applicant to respond to these concerns at this meeting as well. i. Pastor Whipple stated that he had received no negative comments pertaining to such concerns, and he noted that a Ms. Jean Butler, a member of the community, was present who could also respond. j. Ms. Butler explained that she lives in the community and knows the area well, and she noted that the hours of operation would not"directly or indirectly affect the neighborhood,"as it is currently a busy area. k. Ms. Butler continued by explaining that the item will lead to improvement in the neighborhood, particularly for children as day care and tutorial services would eventually be offered in the community. 1. Ms. Chimelis stated that she was desirous of learning what is intended for property located west of Mount Nebo Church. m. As discussion continued and for purposes of clarification, staff explained that the Board is currently reviewing four properties located south of the Church. n. Mr. Pages attempted to summarized how best for the Board to proceed by stating that two issues are involved, the request in particular and the precedent such a request will create for the future. o. In regard to further concern about how members of the community view the request and how they feel about future plans stemming from the request. Ms. Chimelis and Mr. Pages stated that, for the record, these concerns are being addressed to the applicant. i p. Pastor Whipple responded that they have attempted to address these concerns and that they feel everything drafted thus far will have a positive impact upon the community. q. Pastor Whipple explained that, in regard to SW 64 Street. "a lot needs to be done',particularly for the immediate area. r. Mr. Pages asked Pastor Whipple if, to his knowledge, there is "real opposition" in the community, and Pastor Whipple replied that there is none. s. Mr. Basu returned to intentions for property located west of Mount Nebo Church, inquiring as to possible expansion of day care facilities, staff responded the applicant may be able to address this concern. t. Mr. Scurr asked the Board for clarification as to what exactly it was a pp rovin g, be it zoning, type of structure, etc. PB Min 10-13-98 6 s u. Mr. Basu responded that-the Board is approving the ordinance with respect to the subject properties. v. Mr. Pages summarized that the Board is only looking at this specific property, in this specific location, for this specific use. w. In response to Mr. Pages' inquiry, staff explained that if the property is sold to a private individual or private entity, "a non-church located in the neighborhood," it reverts back to single-family residential. 12. The public meeting continued. a. Mr. Pages related his opinion involving use by right with respect to church,temple, or synagogue, and he commented that a memorandum recommending changes to the ordinance for certain uses can be drafted. b. Mr. Pages continued by noting that he believed such a memorandum would be unnecessary, particularly as the special use process is in place as a safeguard. c. Mr. Lefley questioned if the establishment of the overlay district had come before the Planning Board for its consideration, and he stated that the Board should be aware of the "parameters" involving several of the uses, including ACLFs and funeral homes. d. Mr. Pages reiterated that uses of this nature are contingent upon another approval process,namely the special use process. e. Staff added that, in addition to the special use approval, City zoning restrictions exist that would provide a measure of protection when certain uses are involved. 13. Motion: Mr. Lefley moved approval that the properties as noted by the legal description are to be added to the existing community overlay district. Mr. Morton seconded the motion. 14. Vote: Approved 6 Opposed 0 IV. Public Workshops A. Proposed Valet Parking Ordinance The Workshop will allow the Planning Board, City staff,valet industry representatives,and members of the public the opportunity to discuss a proposed ordinance to regulate valet services in the City of South Miami. 1. The Board proceeded with the public workshop portion on valet parking. 2. All interested parties held discussion and debate on valet parking in South Miami PB Min 10-13-98 7 g. Ms. Cathy McCann. of 5820 SW 87 Street. spoke before the Board. Ms. McCann related that the issues involving the application are rather "unclear' at this time. 4. Public hearing was closed. 5. The Board continued with review of the application. a. Mr. Lefley explained that Miami-Dade County would be hesitant to deed property to groups with religious affiliations, and he suggested that there may be a legal conflict of interest involved. b. Mr. Lefley further suggested that the matter be deferred, in order to permit further review by the City Attorney. c. Ms. Chimelis noted that the application may be incomplete, including lack of a site plan. d. Mr. Wiscombe offered that the application lacks "vision". e. Mr. Huggins suggested that a sketch or outline be drafted and included in order to show what is planned for the property. f. Mr. Pages concurred that the application may need to be deferred, in order for the Board to receive additional details concurrently, including changes in the ordinance and plans for the property. 6. Motion: Mr. Wiscombe moved to defer the item. Mr. Huggins seconded the motion. 7. Vote: Approved: 5 Opposed: 0 D. ITEM: PB-98-019 Applicant: South Miami/Coral Gable Elks Lodge #1676 Request: A Special Use Permit for a"Fraternal Organization or Private Club," including catering services as an ancillary use, as specified in §20-3.4(13)(2)of the Land Development Code. Location: 6304 SW 781h Street 1. Mr. Lefley read the request into the record. 2. Staff presented the item to the Board, noting that changes are in order for the request, including a special use for a fraternal organization, deleting private club, and removing catering services as an ancillary use. 3. Staff requested that the application be deferred to the Board's next regularly scheduled meeting, in order to evaluate and incorporate the changes that had been voted on at this evening's PB Min 08-11-98 8 m. Mr. Basu inquired as to how the site plan relates with the church property, and staff replied that the church property is located across the street. n. In regard to parking, staff confirmed that more parking is being provided than what the City code requires. o. Mr. Basu inquired as to City code provisions applicable to the prefabricated structure, and staff confirmed that there are no such code provisions that address the prefabricated structure. p. Staff noted that ERPB would review the structure for its architectural merit and compatibility with the surrounding neighborhood. q. In regard to approvals of the structure, Mr. Basu noted that while DCA may have approved the structure, Dade County must approve it as well. r. Staff replied that in consultation with the City's Building Director, who would review the structure for compliance with the SFBC and with the City's code, Ms. Sonia Lama had explained that there are no grounds for disapproval of the structure. 11. The public meeting continued. a. Mr. Morton inquired as to the 15-foot alley shown on the sketch, and staff responded that the incorrect site plan was included in the Board's informational packet and that the correct one was being presented to the Board directly. b. Mr. Morton asked again in regard to an alley, and staff responded that the other plan shows no alley. c. Ms. Chimelis inquired as to whether the corporation that had been established meets the legal standard, and staff replied affirmatively. d. Ms. Chimelis spoke in regard to the Board's meeting held on August 11, 1998, particularly public comments relating to agenda item PB-98-018, and staff responded that such commentary largely involved another church project, namely the rehabilitation of an apartment building. e. Ms. Chimelis explained that she was concerned with the intended hours, such as 7:30 a.m. through 9:00 p.m., and she opined that the neighborhood will be impacted earlier than 7:30 a.m. and later than 9:00 P.M. f. Ms. Chimelis stated that she would like to know if the applicant has addressed impact upon the neighborhood, including activity and traffic concerns, and has polled the neighborhood at-large to ascertain the degree of support for the item. g. Staff responded that these concerns, such as involving how a particular land use will affect surrounding land uses, would be addressed later under the special use application. PB Min 10-13-98 5 h. Ms. Chimelis replied that, while these concerns may very well be addressed during the special use process, she would like the applicant to respond to these concerns at this meeting as well. i. Pastor Whipple stated that he had received no negative comments pertaining to such concerns, and he noted that a Ms. Jean Butler, a member of the community, was present who could also respond. j. Ms. Butler explained that she lives in the community and knows the area well, and she noted that the hours of operation would not "directly or indirectly affect the neighborhood," as it is currently a busy area. k. Ms. Butler continued by explaining that the item will lead to improvement in the neighborhood, particularly for children as day care and tutorial services would eventually be offered in the community. 1. Ms. Chimelis stated that she was desirous of learning what is intended for property located west of Mount Nebo Church. m. As discussion continued and for purposes of clarification, staff explained that the Board is currently reviewing four properties located south of the Church. n. Mr. Pages attempted to summarized how best for the Board to proceed by stating that two issues are involved, the request in particular and the precedent such a request will create for the future. o. In regard to further concern about how members of the community view the request and how they feel about future plans stemming from the request, Ms. Chimelis and Mr. Pages stated that, for the record, these concerns are being addressed to the applicant. p. Pastor Whipple responded that they have attempted to address these concerns and that they feel everything drafted thus far will have a positive impact upon the community. q. Pastor Whipple explained that, in regard to SW 64 Street, "a lot needs to be done",particularly for the immediate area. r. Mr. Pages asked Pastor Whipple if to his knowledge, there is "real opposition" in the community, and Pastor Whipple replied that there is none. s. Mr. Basu returned to intentions for property located west of Mount Nebo Church, inquiring as to possible expansion of day care facilities, staff responded the applicant may be able to address this concern. t. Mr. Scurr asked the Board for clarification as to what exactly it was approving, be it zoning, type of structure. etc. PB Min 10-13-98 6 1 u. Mr. Basu responded that the Board is approving the ordinance with respect to the subject properties. v. Mr. Pages summarized that the Board is only looking at this specific property, in this specific location, for this specific use. w. In response to Mr. Pages' inquiry, staff explained that if the property is sold to a private individual or private entity, "a non-church located in the neighborhood," it reverts back to single-family residential. 12. The public meeting continued. a. Mr. Pages related his opinion involving use by right with respect to church, temple, or synagogue, and he commented that a memorandum recommending changes to the ordinance for certain uses can be drafted. b. Mr. Pages continued by noting that he believed such a memorandum would be unnecessary, particularly as the special use process is in place as a safeguard. c. Mr. Lefley questioned if the establishment of the overlay district had come before the Planning Board for its consideration, and he stated that the Board should be aware of the "parameters" involving several of the uses, including ACLFs and funeral homes. d. Mr. Pages reiterated that uses of this nature are contingent upon another approval process,namely the special use process. e. Staff added that, in addition to the special use approval, City zoning restrictions exist that would provide a measure of protection when certain uses are involved. 13. Motion: Mr. Lefley moved approval that the properties as noted by the legal description are to be added to the existing community overlay district. Mr. Morton seconded the motion. 14. Vote: Approved 6 Opposed 0 IV. Public Workshops A. Proposed Valet Parking Ordinance The Workshop will allow the Planning Board, City staff, valet industry representatives,and members of the public the opportunity to discuss a proposed ordinance to regulate valet services in the City of South Miami. 1. The Board proceeded with the public workshop portion on valet parking. 2. All interested parties held discussion and debate on valet parking in South Miami PB Min 10-13-98 7 i I July 1, 1998 Pastor Emanuel Whipple Mt.Nebo Missionary Baptist Church 6075 SW 64th Street South Miami, Florida 33143 Re: Timetable for approval of South Miami Youth Academy Dear Pastor Whipple: At the request of the City Manager, I am providing you with a potential timetable for approval of the South Miami Youth Academy. There are three separate processes that must be completed and approved before you can begin construction: (1) an amendment to the Community Service Overlay District to include the new church property, (2) a special use hearing to approve the alternative school, and (3) building permit application review, which includes review by the Environmental Review & Preservation Board. All of these Boards, processes, and meetings can become very confusing. Therefore,please find the following graphical breakdown. Amendment to the Community Special Use Approval of an Building Permit Service Overlay District alternative school Application Process 1St Hearing by City Commission Before Planning Board on If the amendment to the was,completed on June 161h August 11th Community Service Overlay District and the Special Use Request are approved, your The Planning Board will hear Before City Commissi contractor may submit on on building permit a lications the application on August 11 th August 18th on August 1 9th pp 2"d Hearing before the City To receive zoning approval of the building permit applications, ERPB Commission is scheduled for approval of the proposal is required. The ERPB can hear your August 18th application on September 0, if all required materials have been submitted. Between August 19th and September 1St, the Building Department will be able to review the construction plans and approve them or inform you of deficiencies, as appropriate. The flow chart demonstrates that if all required approvals are given, you may receive permission to begin construction as early as September 2, 1998. Please be aware, however, that the time frame surrounding building permit approval is largely controlled by the quality of plans submitted and may vary. If you have any questions,please call me at(305) 663-6327. Very truly yours, Gregory J. Oravec Acting Director of Planning& Zoning c: Charles D. Scurr City Manager Sonia Lama Building Director Pastor Whipple time frame i City of South Miami 6130 Sunset Drive,South Miami,Florida 33143 February 6, 1996 Emanuel Whipple 6075 SW 64 Street Miami, Florida 33143 Dear Applicant: This letter is to inform you that your request for the approval of- SECURITY BARS [EB-96-008] 6075 SW 64 STREET SOUTH MIAMI, FLORIDA 33143 was presented to the Environmental Review and Preservation Board (ERPB) at their meeting on Tuesday, February 6, 1996, and was APPROVED: 3 - 1 All decisions and recommendations of the Environmental Review&Preservation Board[ERPB]shall be posted on the City Hall bulletin board immediately following the ERPB meeting. An applicant may obtain a building permit after noon of the day after the ERPB meeting,at which the application was approved,if all other requirements for the permit have been met. An appeal of an ERPB decision or recommendation may be filed at any time before a building permit is issued by filing same with the city clerk upon a form prescribed therefore. Appeals may be taken by the applicant, interested citizens,or the city administration [per Section 20-6.2(A)of City's Land Development Code]. If you have any questions concerning this matter, please, contact Brian Soltz at the Building, Zoning & Community Development Department between the hours of 8:00 AM and 5:00 PM,Monday through Friday,at(305)663-6325. "City of Pleasant Living" CITY OF SOUTH MIAMI BUILDING AND ZONING ENVIRONMENTAL REVIEW AND PRESERVATION BOARD APPLICATION STREET ADDRESS OF JOB: 6075 S_W_ 64 Street SOUTH MIAMI.FL PROPERTY OWNER: Mt- Nebo Missionary Baptist Church TEL.NO. ( 305) 667-3696 ADDRESS: 6075 S.W. 64 Street South Miami FL 33143 STREET CITY STATE ZIP WHAT IS THE PRESENT USE OF THE PROPERTY? SINGLE-FAMILY RESIDENCE BUSINESS OFFICE RETAIL STORE OTHER: APARTMENT OR TOWNHOUSE MEDICAL OFFICE AUTO REPAIR Church PLEASE,BRIEFLY SUMMARIZE THE WORK TO BE PERFORMED: Reauestina that the E.R.P.B. Board will resend a motion in regard of security bars being installed with a complete arch opening Note: explaination given by Pastor Whipple WHAT WILL THE TOTAL COST BE TO COMPLETE THIS PROJECT? $ 1 , 400.00 APPLICANT'S NAME: Mt. Nebo Missionary Baptist Church TELNO. ( 305) 667-3696 ADDRESS: _6075 S.W. 64 Street South Miami PL 33143 STREET CITY STATE ZIP AS THE APPLICANT,PLEASE.INDICATE YOUR RELATIONSHIP TO THIS PROJECT X OWNER OF THE PROPERTY TENANT/LESSEE CONTRACTOR OTHER: OWNER OF THE BUSINESS ARCHITECT ENGINEER PLEASE. INDICATE CONTACT PERSON(ERPB's decision will be mailed to the contact person indicated below): PROPERTY OWNER Natalie D. Jackson 6075 S.W. 64 Street APPLICANT Miami, FL 33143 OTHER(provide name and address) 4 zw -�./-.1 d' LEASE SIGN tOUR NAMt NAM ON THE LINE ABOVE DATE _' >> >i » c City of South Miami 6130 Sunset Drive,South Miami,Florida 33143 January 26, 1996 Emanuel Whipple 6075 SW 64 Street Miami, Florida 33143 Dear Applicant: This letter is to inform you that your request for the approval of- SECURITY BARS [EB-96-008] 6075 SW 64 STREET SOUTH MIAMI,FLORIDA 33143 was presented to the Environmental Review and Preservation Board (ERPB) at their meeting on Tuesday, January 26, 1996, and was APPROVED: 2 - 1 with the following condition(s): That the security bars on the front doors have arched tops. All decisions and recommendations of the Environmental Review&Preservation Board[ERPB]shall be posted on the City Hall bulletin board immediately following the ERPB meeting. An applicant may obtain a building permit after noon of the day after the ERPB meeting,at which the application was approved,if all other requirements for the permit have been met. An appeal of an ERPB decision or recommendation may be filed at any time before a building permit is issued by filing same with the city clerk upon a form prescribed therefore. Appeals may be taken by the applicant, interested citizens,or the city administration [per Section 20-6.2(A)of City's Land Development Code]. If you have any questions concerning this matter, please, contact Brian Soltz at the Building, Zoning& Community Development Department between the hours of 8:00 AM and 5:00 PM,Monday through Friday,at(305)663-6325. "City of Pleasant Living" CITY OF SOUTH MIAMI BUILDING AND ZONING ENVIRONMENTAL REVIEW AND PRESERVATION BOARD APPLICATION, STREET ADDRESS OF JOB: 6075 SW 64 S rppt SOUTH MIAMI,FL PROPERTY OWNER: Mt. Nebo Baptist C'h u r h TEL.NO. 6 A 7_I h A A ADDRESS: 6075 SW 64 Street South Miami F1 33143 STREET CITY STATE ZIP WHAT IS THE PRESENT USE OF THE PROPERTY? SINGLE-FAMILY RESIDENCE BUSINESS OFFICE RETAIL STORE OTHER: church APARTMENT OR TOWNHOUSE MEDICAL OFFICE AUTO REPAIR PLEASE,BRIEFLY SUMMARIZE THE WORK TO BE PERFORMED: La Famosa Iron Works is going to , install security bars on the east and west sides of the church, along with both front doors up and downstairs and east upstairs door_ WHAT WILL THE TOTAL COST BE TO COMPLETE THIS PROJECT? $ 1400.00 APPLICANT'S NAME: Mt_ Nphn Ra=ti Gt- Church TEL NO. 667-3696 ADDRESS: 6075 SW 64 Street South Miami F1 33143 STREET CITY STATE ZIP AS THE APPLICANT,PLEASE,INDICATE YOUR RELATIONSHIP TO THIS PROJECT X OWNER OF THE PROPERTY TENANT/LESSEE CONTRACTOR OTHER: OWNER OF THE BUSINESS ARCHITECT ENGINEER PLEASE,INDICATE CONTACT PERSON(ERPB's decision will be mailed to the contact person indicated below): PROPERTY OWNER Emanuel Whipple APPLICANT 6075 SW 64 Street Miami, F1 33143 OTHER(provide name and address) 4 PL ASE SI N-f6UR NAME ON THE LINE ABOVE DATE I � ":IL i r`rc:n-L nurch, tracing South East Side of Church Fast Side Lot of Church West Side Lot, Adjacent to Church west side Lot of Church? and West side of Church Neighboring House