11Agenda Item No:11.
City Commission Agenda Item Report
Meeting Date: February 5, 2019
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Resolution
Agenda Section:
Subject:
A Resolution relating to a Waiver of Plat request to allow a subdivision of property located at 6701 SW 58 Place
and as legally described herein. 4/5 (City Manager-Planning Department)
Suggested Action:
Attachments:
Cover Memo 6701 SW 58 Place Waiver of Plat.docx
Resolution_6701_SW_58_Place_Waiver_of_Plat.docx
Application.pdf
Main_Parcel_Survey.pdf
Subject_Parcel_Survey.pdf
Draft PB Regular Meeting Minutes - 01-08-2019.docx
MDBR Public Hearing all Ad.pdf
Miami Herald Courtesy Notice Ad.pdf
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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:THE HONORABLE MAYOR &MEMBERS OF THE CITY COMMISSION
VIA:STEVEN ALEXANDER,CITY MANAGER
FROM:JANE TOMPKINS,PLANNING AND ZONING DIRECTOR
DATE:FEBRUARY 5,2019
SUBJECT:
A Resolution relating to a Waiver of Plat request to allow a subdivision of property located at
6701 SW 58 Place and as legally described herein.
BACKGROUND:
The property located at 6701 SW 58 Place (Main Parcel)is owned by the City of South Miami
and is developed with multiple structures including the Gibson-Bethel Community Center, the
Murray Park Aquatic Center, several recreational elements and a building at the northwest
corner of the property (Subject Parcel). The City wishes to create a separate parcel for the lease
of the Subject Parcel, hence the City has initiated this Waiver of Plat application.
ANALYSIS:
The Subject Parcel is located in the Parks and Recreation (PR) zoning district and will measure
39.90 feet wide by 50.20 feet long with a lot size of 1,960.16 square feet. Section 20-3.5 of the
Land Development Code (LDC) does not list dimensional requirements for the PR zoning district;
however, pursuant to Section 20-3.5(C)(3) of the LDC,
Minimum and maximum dimensional requirements for permitted uses within a
PR or PI use district shall be the same as those listed in the following tables for
uses within the most restrictive use district located adjacent to the subject PR or
PI property.
The Subject Parcel is internal to the Main Parcel, consequently the adjacent zoning is entirely
PR. Because it is surrounded by the PR zoning district, it must follow the PR dimensional
requirements. As there are no minimum requirements for the PR zoning district, the Subject
Parcel complies with the LDC dimensional requirements.
Pursuant to Section 20-4.2(B)(2)(a)(i) of the LDC,
The building site created by the proposed waiver of plat, tentative or final plat,
should be equal to or larger than the median of the existing building sites in the
Surrounding area (this shall be demonstrated using copies of the official plat
maps for the subject property and surrounding neighborhood), unless otherwise 2
permitted by this ordinance. Surrounding area is defined as all lots within the
same zoning district and within five hundred (500) feet from the exterior
boundaries of the subject property.
As the Main Parcel is the only property within 500 feet that is in the PR zoning district, the
median analysis could not be performed.
LDC Section 20-4.2(B)(2)(b) provides:
The building site created by the proposed waiver of plat, tentative or final plat,
will not result in existing structures becoming nonconforming as they relate to
setbacks, lot area, lot width and depth, ground coverage and other applicable
regulations of the City's Land Development Code and/or City's Code of
Ordinances, except as permitted by this ordinance. Compliance with this
provision may occur by demolition or relocation of existing structures.
Since the PR zoning district regulations do not include setbacks or coverage requirements, the
site created by the waiver of plat will comply with the LDC.
It is important to note that once subdivided, the proposed Subject Parcel will be an irregularly
shaped lot. Pursuant to Section 20-4.2(B)(2)(g) of the LDC,
The building site or sites created by the proposed waiver of plat, tentative or final
plat cannot constitute an irregular parcel (one that has more than four (4)
corners or that has any curved or jagged lot line), unless the City Commission by a
four-fifths (⅘) vote determines that the irregularity arises from irregularity in the
original parcel and cannot be corrected, or the Commission by such vote
determines the irregularity is compatible with the parcels in the Surrounding
area.
Based on the subsection listed above, City Commission approval of the irregular shaped lot is
required.
Due to the reason behind the request, a conceptual site plan was not provided. In its place are
the respective boundary surveys for both the Subject Parcel and the Main Parcel. At this time,
no changes are proposed to either parcels
The Subject Parcel boundaries follow the building footprint, consequently there is no
landscaping on the Subject Parcel that would be subject to the LDC provisions for landscaping.
Further, none of the existing landscaping on the Main Parcel will be affected by the proposed
plat.
Finally, pursuant to Section 20-4.2(C)(1) of the LDC,
Sidewalks, curbs, gutters, drainage and paving shall be installed by the owner or
developer of the abutting parcel in accordance with Chapter 28 of the County
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Code and other applicable city requirements, unless such can be and are waived or
deferred by the city commission.
Sidewalks, a curbing and gutter system, and paved ROW improvements are already in place in
the adjacent area. Therefore, no additional ROW improvements will be needed at this time.
PLANNING BOARD RECOMMENDATION:
The Planning Board unanimously recommended approval on January 8, 2019.
RECOMMENDATION:
Staff recommends that the City Commission approve the Waiver of Plat application.
Attachments:
* Application Package
* Draft Resolution
* Planning Board meeting minutes – draft excerpt
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Resolution No._____________________1
2
A Resolution relating to a Waiver of Plat request to allow a subdivision of 3
property located at 6701 SW 58 Place and as legally described herein.4
5
WHEREAS, the City of South Miami owns aparcel of land located at 6701 SW 58
th Place,6
legally described as:7
8
LOT 1 AND LOTS 10 THRU 18, BLOCK I, AND LOTS I THRU 17, BLOCK 8 OF " 9
TOWNSITE OF LARKINS ", ACCORDING TO THE PLAT THEREOF, AS 10
RECORDED IN PLAT BOOK 2, AT PAGE 105, OF THE PUBLIC RECORDS OF 11
MIAMI DADE COUNTY, FLORIDA. (hereinafter described as the “Property”)12
13
WHEREAS,the City submitted Application No. PB-19-001 to the Planning Board 14
requesting approval to subdivide the Property via the Waiver of Plat process; and15
16
WHEREAS,the Waiver of Plat application requests a subdivision of said parcel into two 17
(2) lots in the Parks and Recreation (PR) zoning district; and 18
19
WHEREAS, one (1) of the new lots will be limited to the foot print of the existing one-20
story building located in the northwest corner of the property (“Subject Parcel”) which currently 21
house the Baptist Hospital Children’s Clinic. The Subject Parcel complies with the minimum lot 22
size and lot frontage requirements for the PR zoning district but will be irregular in shape; and23
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WHEREAS, the second lot will the contain the City’s Gibson-Bethel Community Center, 25
the Murray Park Aquatic Center, several recreational elements (“Main Parcel”), and will comply 26
with the minimum lot size and frontage requirements for the PR zoning district; and27
28
WHEREAS,the City has submitted boundary surveys of 6701 SW 58th Place as required 29
by the Land Development Code; and30
31
WHEREAS,at the January 8, 2019 public hearing of the Planning Board, the Board 32
unanimously recommended approval for the Waiver of Plat application; and33
34
WHEREAS, the City Commission desires to approve the Waiver of Plat.35
36
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY 37
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:38
39
Section 1:The recitals set forth in this resolution are true, they are supported by competent 40
substantial evidence and they are incorporated into this resolution by reference.41
42
Section 2:Application No. PB-19-001, submitted by applicant City of South Miami43
requesting approval of a proposed Waiver of Plat for the Property, is hereby approved. 44
45
Section 3.The Legal Description of the Subject Parcel shall be as graphically depicted on 46
the attached survey and as legally described in the survey as follows:47 5
A PORTION OF LOT 10 AND 11, BLOCK 1, OF" TOWNSITE OF LARKINS ", 1
ACCORDING TO THE PLAT THEREOF, A5 RECORDED IN PLAT BOOK 2, AT PAGE 105, 2
OF THE PUBLIC RECORD5 OF MIAMI DADE COUNTY, FLORIDA. MORE 3
PARTICULARLY DESCRIBED AS FOLLOWS:4
5
COMMENCE AT THE NORTHWEST CORNER OF SAID LOT 10, THENCE 6
S02°47'50"E ALONG THE WEST LINE OF SAID LOT AND EASTERLY LINE OF S.W. 58th 7
PL; OPSAHL STREET (by plat) AS SHOWN ON SAID PLAT FOR 97.74 FEET TO A POINT 8
ON THIS LINE; THENCE N87° 12' 10"E FOR 15.71 FEET TO THE POINT OF BEGINNING9
HEREINAFTER DESCRIBED PROPERTY; THENCE CONTINUE N87° 11'40"E FOR A 10
DI5TANCE OF 39.90 FEET; THENCE S02°48'20"E FOR A DISTANCE OF 6.40 FEET; 11
THENCE S87° 11'40"W FOR A DISTANCE OF 5.90 FEET; THENCE S02°48'20"E FOR A 12
DISTANCE OF 15.15 FEET TO A POINT OF TANGENCY THENCE ALONG A CIRCULAR 13
CURVE CONCAVE TO THE SOUTHWE5T HAVING FOR IT'S ELEMENT A RADIU5 OF 14
18.74 FEET AN ARC DISTANCE OF 8.68 FEET AND A DELTA ANGLE 26°31'48"; THENCE 15
S02°48'20"E FOR A DISTANCE OF 13.75 FEET, THENCE N87° 11'40"E FOR A DISTANCE 16
OF 5.90 FEET; THENCE S02°48'20"E 6.30 FEET; THENCE S87° 11'40"W FOR A DISTANCE 17
OF 39.90 FEET; THENCE N02°48'20"W FOR A DI5TANCE OF 10.10 FEET; THENCE 18
N87°11'40"E FOR A DISTANCE OF 3.00 FEET; THENCE N02°48'20"W FOR A DISTANCE 19
OF 10.00 FEET; THENCE S87° 11'40"W FOR A DISTANCE OF 3.00 FEET; THENCE 20
N02°48'20"W FOR A DISTANCE OF 10.10 FEET; THENCE N87°11'40"E FOR A DISTANCE 21
OF 3.00 THENCE N02°48'20"W FOR A DISTANCE OF 9.90 FEET; THENCE S87°11'40"W 22
FOR A DISTANCE OF 3.00 ;THENCE N02°48'20"W FOR A DISTANCE OF 10.10 FEET TO 23
THE POINT OF BEGINNING CONTAINING 1,725 SQUARE FEET MORE OR LESS LYING 24
AND BEING IN THE CITY OF SOUTH MIAMI, FLORIDA25
26
Section 4. The Legal Description of the Main Parcel shall be as is graphically depicted on 27
the attached survey of the Property and as legally described in that survey, with the exception of 28
the Subject Parcel described in Section 3 above:29
30
Section 5. Severability. If any section clause, sentence, or phrase of this resolution is for 31
any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall 32
not affect the validity of the remaining portions of this resolution.33
34
Section 6. Effective Date.This resolution shall become effective immediately upon 35
adoption by vote of the City Commission.36
37
38
PASSED AND ADOPTED this _______ day of, __________________, 2019.39
40
ATTEST:APPROVED:41
42
____________________________________________________43
CITY CLERK MAYOR44
45
READ AND APPROVED AS TO FORM, COMMISSION VOTE:146
1 A four fifths vote is required because the new building site is irregularly shaped. 6
LANGUAGE, LEGALITY AND Mayor Stoddard:1
EXECUTION THEREOF Vice Mayor Harris:2
Commissioner Gil:3
_______________________Commissioner Liebman:4
CITY ATTORNEY Commissioner Welsh:5
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City of South Miami Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663-6326; Fax: (305) 666-4591
Application for Public Hearing or Administrative Review
Address of Subject Property:
Lot(s) ____ Block _____ Subdivision _____________
PB ___-___
Meets & Bounds:
Applicant:
Phone:
Representative:
Organization:
Address: Phone:
Property Owner:
Signature:
Mailing Address: Phone:
Architect/Engineer: Phone:
AS THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
__Owner __Owner’s Representative __Contract to purchase __Option to purchase __Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECK ALL THAT APPLY:
__ Text Amendment to LDC __ Special Exception __ Letter of intent
__ Zoning Map Amendment __ Waiver of Plat __ Cost Recovery Affidavit
__ PUD Approval __ Unity of Title __ Justifications for change
__ PUD Major Change __ Abandonment of ROW __ Unity of Title
__ Variance __ Administrative Review __ Statement of hardship
__ Special Use __ Other (Please Specify) __ Proof of ownership or letter from owner
__ Power of attorney
Briefly explain application and cite specific Code sections: __ Contract to purchase
__ Current survey (1 original sealed and
signed/1 reduced copy @ 11" x 17")
__ 2 copies of Site Plan and Floor Plans
24 x 36”, 7 reduced copy @ 11" x 17"
Section:____ Subsection:____ Page #:_____ Amended Date:________
__ Affidavit-Receipts attesting to mail notices sent
__ Mailing labels (3 sets) and map
__ Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are true and correct to the best of the applicant’s knowledge and belief.
_______________________________________ _____________________________ ____________
Applicant’s Signature and title Print Name Date Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date Filed____________ Date of PB Hearing____________ Date of Commission____________
Petition Required______ Petition Accepted______________
Method of Payment____________________________________
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CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes
Tuesday, January 8, 2019
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: Dr. Philips called the meeting to order at 7:05 P.M.
II.Roll Call
Board Members Present Constituting a Quorum:Dr. Sally Philips (Chairperson), Ms. Aracely Alicea
(Vice-Chairperson),Mr. Lee Jacobs, Dr. Velma Palmer, Mr. Orlando Borges.
Board Members Absent:Mr. Subrata Basu and Mr. Maximo Monterrey.
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
Ms. Tompkins gave an update to the Board on the TODD Workshop that was held on Wednesday,
December 12, 2018. She then stated that the ordinances that came from that workshop would be
scheduled for first reading on Tuesday, January 15, 2019. If approved, those ordinances will come to
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the Planning Board at its February meeting. Ms. Tompkins then explained to the Board what those
changes to the TODD district will encompass.
IV. Public Hearings
1. PB-19-001
Applicant: City of South Miami
A Resolution relating to a Waiver of Plat request to allow a subdivision of property located
at 6701 SW 58 Place and as legally described herein.
Applicant:City of South Miami
Mr. Pepe swore in all the witnesses who spoke on the item.
Mr. Jacobs read PB‐19-001 into the record.
Mr. Lightfoot read the staff report for PB-19-001 into the record.
Dr. Palmer asked why the property was being subdivided. Mr. Pepe explained to the Board that
the City is in the process of leasing the subject building to South Miami Hospital (Hospital) and
was concerned that if the building were leased, it could make the entire four (4) acre park property
taxable. To avoid this, the City is subdividing the property so that the subject building can be split
off and become its own property in case it is taxed.
Mr. Jacobs asked if the subject building was the building where the Children’s Clinic was located,
to which Mr. Pepe stated yes.
Dr. Palmer asked if the property would be sold to the Hospital, to which Mr. Pepe stated no.
Dr. Philips asked what the shape of the new parcel would be. Mr. Pepe stated that the new parcel
would be the shape of the footpad of the building.
Dr. Palmer asked if the property were not being leased, how would it impact the City. Mr. Pepe
responded that the building needs a substantial amount of improvements that the Hospital is
willing to make only if they are under a lease issued by the City. Dr. Palmer clarified her question
and asked what would happen if the Hospital no longer wants to lease the building. Mr. Pepe
responded that if the Hospital no longer wants to lease the building, then it would revert to the
City who can then lease it to another entity or use it for its own purposes.
Dr. Palmer asked about the length of the lease. Mr. Pepe stated that he wasn’t sure about the
length of the future lease, but the Hospital had a prior lease that was for ten (10) years.
Mr. Jacobs asked a question about zoning districts surrounding the subject building. Mr. Jacobs
questioned why the building was surrounding by only one (1) zone when there were single family
zoning districts around the property. Mr. Lightfoot explained that because it is only the building
that will be subdivided, it will still be surrounded by the Parks and Recreation (PR) zoning district.
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There are other zoning districts surrounding the area, but the zoning district that would
immediately surround the subject parcel is the PR zoning district. Mr. Lightfoot then clarified that
the map that Mr. Jacobs was referencing was the 500 ft. radius map for public notice notification.
The Chairperson opened the floor to public comments on PB-19-001
None
The Chairperson closed the floor to public comments on PB-19-001
Motion:Mr. Borges moved to approve PB-19-001 as presented.Dr. Palmerseconded the motion.
No further discussion was held on the item.
Vote: Yes 5, No 0(None)
Mr. Borges: Yes
Ms. Alicea: Yes
Dr. Philips: Yes
Dr. Palmer: Yes
Mr. Jacobs: Yes
V.Public Comments/New Business
The Chairperson opened the floor for public comments and any new business.
Public Comments Section
There were no public comments.
New Business Section
Mr. Jacobs stated that the documents handed out at the TODD Workshop does not address
affordable housing in the City. He then asked how the City could address affordable housing without
an affordable housing study being performed. Ms. Tompkins responded that the document that was
being referenced doesn’t mention affordable housing. She then stated that the new legislation for
the TODD District that were being drafted will require both affordable and workforce housing in the
City. Mr. Jacobs then asked about an affordable housing study that would determine need. Ms.
Tompkins responded that the she and Mr. Evan Fancher, the CRA director, were working on a scope
for a housing study but it isn’t ready yet. Ms. Tompkins then explained to the Board how the
affordable housing requirements were listed in the proposed TODD regulations.
Dr. Palmer stated that there should be minimums established and if someone wants more, then they
must provide more, to which Ms. Tompkins stated that the proposed regulations were set up that
way. By right, there is a minimum amount of affordable housing that must be provided. If the
developer wants more, then they must provide more affordable housing.
The Chairperson closed the floor to public comments and any new business.
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VI.Approval of the Minutes
1.Planning Board Regular Meeting Minutes of December 11, 2019:
Ms. Alicea moved to approve the meeting minutes with corrections. The motion was seconded
by Mr. Borges.
Vote: Yes 5, No 0(None)
Mr. Borges: Yes
Ms. Alicea: Yes
Dr. Philips: Yes
Dr. Palmer: Yes
Mr. Jacobs: Yes
VII.Future Meeting Date:
A) Tuesday, February 12, 2019
VIII.Adjournment
The meeting was adjourned at 7:35 P.M.
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22A SUNDAY JANUARY272019Local&State MIAMIHERALD.COM
H1
CITYOFSOUTHMIAMI
COURTESY NOTICE
NOTICE IS HEREBY given that the City Commissionofthe City of South Miami,
Florida will conduct Public Hearing(s)at its regular CityCommissionmeeting scheduled
forTuesday,February 5,2019beginning at 7:00 p.m.,inthe City Commission Chambers,
6130 Sunset Drive,to considerthe following item(s):
An Ordinance modifying the following sectionsofthe Land Development Code:
Section 20-3.1 Zoning use districts and purposes (A)and (B);Section 20-3.3
Permitted Use Schedule;Section 20-3.4 SpecialUse Conditions;and Article VIII,
Transit-Oriented Development District,Sections 20-8.1 through 20-8.17.
An Ordinance amending the City of South Miami Official Zoning Map to advance
Goals of the Comprehensive Plan Future Land Use Element and the purpose of the
Transit-OrientedDevelopment Districtincluding the followingrezonings:(1)certain
parcels from Transit-Oriented Development District Mixed Use 4(TODD MU-4)to
Transit-Oriented Development District Mixed Use 5(TODD MU-5);and (2)certain
parcels from Transit-Oriented Development District Light Industrial 4(TODD LI-
4),to Transit-Oriented Development District Mixed Use 6(TODD MU-6).
AResolution authorizing the City Manager to enter into afour year contract for
the continuationofMiami Dade County’sDepartment of Community Action
and Human Services ongoing Meals for the Elderly Program at the South Miami
Plaza,6701 SW 62nd Ave,South Miami,Florida 33143
AResolution relating to aVariance application to reduce the minimum front
setback area requirement and to increasethe maximum imperviouscoverage
requirement for aresidential townhouse buildinglocated at 6606 SW 56 Street.
AResolution relatingtoaWaiverofPlat request to allow asubdivision ofproperty
located at 6701 SW 58 Place and as legally described herein.
ALL interested parties are invited to attend and will be heard.
For furtherinformation,please contact the City Clerk’s Office at:305-663-6340.
Nkenga A.Payne,CMC
City Clerk
Pursuant to Florida Statutes286.0105,the City hereby advisesthe publicthat if aperson decides
to appeal any decision madebythis Board,Agency or Commission with respect to any matter
considered at its meeting or hearing,he or she will need arecord of the proceedings,and that for
such purpose,affected person may need to ensure that averbatim record of the proceedings is
made which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF OPA-LOCKA
NOTICETOTHE PUBLIC
PLANNING &ZONING BOARD MEETING
TUESDAY,FEBRUARY 5,2019
NOTICE IS HEREBY GIVEN that the City of Opa-locka Planning &Zoning Board
will hold aspecial public hearing at aMeeting on Tuesday,February 5,2019 at 7:00 PM
at the Sherbondy Village,215 Perviz Avenue,Opa-locka,Florida,to consider the
following item (s):
PUBLIC HEARINGS
1.APPLICANTNAME:TEJAS CHOKSI&RACHANA ARORA
12815 NW 45TH AVENUE,
OPA-LOCKA,FL 33054
PROPERTY OWNER:STRK PROPERTIES,LLC
12815 NW 45TH AVENUE,
OPA-LOCKA,FL 33054
PROPERTY ADDRESS:VACANT LOT AT NW 43RD AVENUE &
NW 133RD STREET
OPA-LOCKA,FL 33054
REQUESTS:
ARESOLUTIONOFTHE PLANNING &ZONING BOARD OF THE CITY OF
OPA-LOCKA,FLORIDA,RECOMMENDING APPROVAL OF ALAND USE
DESIGNATION CHANGE FROM GOVERNMENT TO INDUSTRIAL FOR
THE VACANT PROPERTYATTHE CORNER OF NW 43 AVENUE AND NW
133 STREET,OPA-LOCKA,FL 33054 AND IDENTIFIED BY FOLIO 08-2129-
000-0111 IN THE I-3 ZONING DISTRICT;PROVIDINGFOR AN EFFECTIVE
DATE.
ARESOLUTIONOFTHE PLANNING &ZONING BOARD OF THE CITY OF
OPA-LOCKA,FLORIDA,RECOMMENDING FINAL SITE PLAN APPROVAL
FOR THE CONSTRUCTION OF A102,500 SQUAREFOOT WAREHOUSE
AND OFFICE ON THE UNDEVELOPED PROPERTY AT THE CORNER
OF NW 43 AVENUE AND NW 133 STREET,OPA-LOCKA,FL 33054 AND
IDENTIFIEDBYFOLIO 08-2129-000-0111 IN THE I-3 ZONING DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
ARESOLUTION OF THE PLANNING &ZONING BOARD OF THE CITY
OF OPA-LOCKA,FLORIDA,RECOMMENDING APPROVAL OF THE
DEVELOPMENT AGREEMENT CONCERNING THE CONSTRUCTION
OF A102,500 SQUAREFOOT WAREHOUSE AND OFFICE ON THE
UNDEVELOPED PROPERTY AT THE CORNER OF NW 43 AVENUE AND
NW 133 STREET,OPA-LOCKA,FL 33054 AND IDENTIFIED BY FOLIO
08-2129-000-0111 IN THE I-3 ZONING DISTRICT;PROVIDING FOR AN
EFFECTIVEDATE.
Additional Information on the above items may be obtainedinthe Office of the City Clerk,780
Fisherman Street,4th Floor,Opa-locka,Florida 33054.All interested persons are encouraged to
attend these meetingsand will be heard with respecttothe publichearings.
In accordancewith the Americans with Disabilities Act of 1990,persons needing special
accommodationstoparticipate in the proceeding should contact the Office of the City Clerk at
(305)953-2800 for assistance no later than seven (7)days prior to the proceeding.Ifhearing
impaired,you may telephone the Florida Relay Serviceat(800)955-8771(TTY),(800)955-8770
(Voice),(877)955-8773 (Spanish)or (877)955-8707 (Creole).
PURSUANTTOFS286.0105:Anyone who desires to appeal any decision madebyany board,
agency,or commissionwith respecttoany matter considered at such meetingorhearing willneed
arecordofthe proceedings,and for that reason,may needtoensure that averbatim record of the
proceedings is made,which record includes the testimonyand evidence upon which the appeal
may be based.
COPIES OF THE PROPOSEDDOCUMENTSSHALL BE AVAILABLE FROM
THE COMMUNITYDEVELOPMENT DEPARTMENT AND AT THE PUBLICHEARING.
body,even if the conversa-
tion takes place online in a
public forum.
While it’s not illegal for
public officials to post
about city business on
social media,responding to
another official’s post
could be aviolation of the
Sunshine Law,said Frank
LoMonte,director of the
University of Florida’s
Brechner Center for Free-
dom of Information.
“The [Florida]attorney
general’s office has taken
the position that an ex-
change of views among
members of an elected
board in any medium,even
an online one,qualifies as
a‘meeting’for purposes of
Florida’s open-meetings
law,”LoMonte said in an
email.And any public
meetings have to be open
to the public and adver-
tised ahead of time.
“A commissioner could
certainly go on the official
City Hall Facebook page
and post an announcement
about some upcoming
event,or even comment on
some newsworthy item.
That’s perfectly legal,”
LoMonte added.“Where
the posting turns into a
meeting is when the mem-
bers of the body use Face-
book to deliberate among
themselves over an issue
that might foreseeably
come before them for a
vote.”
In the case of the en-
trance sign,the City Com-
mission had already voted
to send the proposal to the
city’s design review board,
but the issue will likely
come back for another
vote.
Arriola said he did not
feel he was violating the
Sunshine Law by com-
menting on his colleague’s
post because commission-
ers had already voted to
send the proposal to the
design review board.“We
had already voted on the
matter and Ibasically reit-
erated what Isaid publicly
at ameeting,”he said.
The discussion about the
entrance sign wasn’t the
first time Beach commis-
sioners have taken to Face-
book to discuss city busi-
ness.
Last summer,for exam-
ple,the City Commission
made acontroversial deci-
sion to pause astreet
raisingproject that was
part of Miami Beach’s
efforts to prepare for sea
level rise.When aformer
Beach commissioner crit-
icized the decision on
Facebook,residents and
current commissioners
responded.On one com-
ment thread,Alemán re-
plied to aresident and then
another commissioner,
Michael Góngora,respond-
ed as well.
“I try never to comment
on other commissioners’
Facebook posts on city
business as acourse of
practice,”Góngora said in
an email,adding that he
had commented on the
initial post before the other
commissioner weighed in.
Alemán said she also
tries to be careful not to
engage with colleagues
online.“Occasionally I’ll
post and I’ll notice some-
times colleagues comment,
but I’m always careful not
to comment back because I
don’t want to violate the
Sunshine Law,”she said.
“And it can be frustrating
at times because Imay not
agree or I’d love to make a
counter-argument,but I
just have to bite my
tongue,so to speak.”This
type of behavior likely
doesn’t violate the spirit of
the Sunshine Law,which
was created to keep public
officials from negotiating
backroom deals in secret.
But social media has
sparked questions about
how Florida’s broad open
government law applies to
the digital age,creating a
potential minefield for
public officials.
“A lot of the times the
challenge for public offi-
cials is while they think
they may be engaging
within apublic forum
whereeverything is trans-
parent,technically some-
times they may inadver-
tently run afoul of the
letter of the law,”said City
Attorney Raul Aguila,who
noted that in his experi-
ence most online ex-
changes of this nature are
“in good faith and inad-
vertent.”
“These are not people
who are calling each other
up and having secret con-
versations or meeting in
dark corners to discuss
government business,”he
added.“The challenge is
advising them that the
Sunshine Law does apply
to certain social media
interactions and hopefully
the law will catch up to
technology,but in today’s
world technology moves at
astaggering pace.”
Miami Beach commis-
sioners aren’t the only
public officials who have
run into these issues.Three
members of aSouth Flor-
ida Water Management
advisory board may have
violated the Sunshine Law
in 2017 whenthey dis-
cussed aproposedLake
Okeechobee reservoir on
Facebook,according to the
TC Palm.
Public officials have also
been criticized for deleting
social media posts about
city business,which are
considered public records
subject to disclosure and
retention requirements.In
Central Florida,aEustis
city commissioner may
have broken the Sunshine
Law in 2017 whenhein-
vited other cities to donate
their Confederate monu-
ments to Eustis in aFace-
book post,then deleted a
flood of negative com-
ments,the Daily
Commercial reported.
Barbara Petersen,presi-
dent of the Florida First
Amendment Foundation,
said that her organization
often gets questions about
social media.She advises
public officials to err on
the side of caution.
“The point is they’re
supposed to be having
these discussions in front
of the public and aFace-
book account,an Insta-
gram account,whatever
else they may be using,
that’s not public enough,”
she said.Not all residents
see social media posts on
aparticular page,she
added,or know that city
business is being dis-
cussed online.
Petersen and Aguila
said they weren’t aware of
any cases involving com-
missioners arguing on
social media that resulted
in criminal charges.Lo-
Monte said that at most,
any violations of this na-
ture would likely result in
asmall fine.
This isn’t the first time a
Beach official has run into
trouble on social media.In
2016,radio show host and
activist Grant Stern sued
then-Mayor Philip Levine
after he refused to turn
over alist of people hehad
blocked on social media.
The legal dispute,which
has yet to be resolved,
centered on what social
media posts are deemed
public under the Sunshine
Law.
FROM PAGE 21A
FACEBOOK
AFort Lauderdale wom-
an and her attorney —who
have reached settlements
with at least 20 hotels and
motels in Florida over the
businesses’websites not
explaining how their prop-
erties meet the needs of
people with disabilities —
have set their sights on
two Keys resorts.
Cheri Honeywell and her
attorney,Jessica Kerr,of
the Advocacy Group in
Fort Lauderdale,filed
lawsuits this month in
federal court against the
Glunz Ocean Beach Hotel
and Resort in Key Colony
Beach and Casa Morada in
Islamorada.
The suits state that the
hotels violated the Amer-
icans With Disabilities Act
because their websites’
reservations systems “fail
to provide information
about the accessible fea-
tures of the hotel and its
rooms to persons with
disabilities.”
Honeywell and Kerr
have filed at least 31 law-
suits against hotels,motels,
and resorts throughout the
state,starting with busi-
nesses in North Florida in
June 2018.
Thehotels typically set-
tle with Honeywell and
Kerr within afew months,
according to areview of
the cases.
Citing confidentiality
provisions,Kerr declined
to disclose the details of
the settlements.
Requests for comments
from Glunz Ocean Beach
Hotel and Casa Morada
went unanswered.
COURTS
ADAsuits targethotels’websites for
notdisclosing howaccessible theyare
AFortLauderdale woman is suing twoFlorida Keys hotels
that herattorneysaid violated the Americans with
Disabilities Actbecause their websites don’t adequately
detail their properties’wheelchair accessibilityfeatures.
BYDAVIDGOODHUE
dgoodhue@flkeysnews.com
17