Res No 049-20-15489RESOLUTION NO. o 4 9 -2 o -1 5 4 a 9
A Resolution relating to a Special Use application to permit a Community
Garden use at 7311 SW 620d Avenue and 7340 SW 61n Court.
WHEREAS, pursuant to Section 20-5.8 of the Land Development Code (LDC), the
applicant, South Miami Hospital, Inc., submitted Application No. PB-20-003 to the City
requesting a Special Use approval for a Community Garden at 7311 SW 62W Avenue and 7340
SW 611 Court, within the Transit Oriented Development District Mixed Use-5 (TODD MU-5)
zoning district; and
WHEREAS, Community Gardens are permitted as a Special Use within the TODD MU-
5 zoning district and are subject to meeting the Special Use conditions specified in Land
Development Code (LDC) Section 20-3.4 and subject to meeting the Special Use requirements
as set forth in Section 20-3.4(B)(25) of the LDC; and
WHEREAS, the application meets the Special Use requirements set forth in Section 20-
3.4(B)(25) of the LDC; and
WHEREAS, the approval of a Special Use requires a recommendation from the Planning
Board and the approval of the City Commission after a public hearing; and
WHEREAS, at its March 10, 2020 Planning Board meeting, and following a public
hearing, the Board reviewed application PB-20-003 and voted 6 ayes, 0 nays to recommend
approval of the request for a Special Use to operate a Community Garden; and
WHEREAS, the City Commission desires to approve the application for a Special Use
for a Community Garden at 7311 SW 62"d Avenue and 7340 SW 611 Court.
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
COMMISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The recitals set forth in this resolution are true and they are supported by
competent substantial evidence and they are incorporated into this resolution by reference as if
set forth in full herein.
Section 2. Special Use Application (PB-20-003) submitted by applicant South Miami
Hospital, Inc., to operate a Community Garden at 7311 SW 62" d Avenue and 7340 SW 61s'
Court, within the Transit Oriented Development District Mixed Use-5 (TODD MU-5) zoning
district is hereby approved. This approval is subject to all applicable City ordinances, codes,
rules and regulations, and the adherence to the Special Requirements applicable in Section 20-
3.4(B)(25) Community Garden of the LDC and the Special Use Approval requirements provided
in Section 20-5.8 which include but are not limited to:
1. One utility or tool shed may be permitted as an accessory structure, subject to the
provisions of Section 20-3.6(1);
Pagel of 3
Res. No. 049-20-15489
2. Tools and Equipment. The following tools and equipment may be employed:
a. Riding/push mower designed for personal use;
b. Handheld tillers or edgers that may be gas or electrically powered:
c. Other handheld equipment designed for personal household use that create minimal
impacts related to the operation of said equipment, including noise, odors, and
vibration;
3. Tools and equipment shall be stored indoors or removed from the property daily;
4. One (1) Two -Axle Vehicle with a gross vehicle weight rating (GVWR) of 14,000 pounds
or less may be used in the operation of the Community Garden but may not remain on
site overnight;
5. Community Gardens must be planted with produce or plants. Ancillary compost, mulch,
and soil storage within the Community Garden boundary may be permitted provided the
materials are properly contained to control odor and are not visible from adjacent
residential properties or a public right-of-way;
6. No gardening activities may take place before sunrise or after sunset;
7. If operation of a Community Garden has been discontinued for six months or longer, the
property owner must level, clean and sod the property, including removal of plant
materials, planting structures, accessory structures, screening, materials, and debris;
8. No signage shall be visible from the public right-of-way;
9. All sheds, fences and other structures shall comply with the Florida Building Code;
10. Provide a water management plan that would prevent run-off to adjoining properties,
waterways or the public right-of-way;
11. The approved special use shall lapse after six (6) months if no master building permit
which implements the special use or certificate of occupancy has been issued for such use
and if the City Commission has not specified a longer approval period for good cause;
and
12. If the subject community garden is, in the future, determined by the Director of Planning,
to be adversely affecting the health or safety of persons residing or working in the
vicinity of the proposed use, to be detrimental to the public welfare or property or
improvements in the neighborhood, or to be not in compliance with other applicable
Code provisions, the special use approval may be modified or revoked by the City
Commission upon notification and public hearing.
Page 2 of 3
Res. No. 049-20-15489
Section 3. Corrections. Conforming language or technical scrivener -type corrections
may be made by the City Attorney for any conforming amendments to be incorporated into the
final resolution for signature.
Section 4. Severability. If any section clause, sentence, or phrase of this resolution 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 resolution.
Section 5. Effective Date. This resolution shall become effective immediately upon
adoption.
PASSED AND ADOPTED this 19`h day of May, 2020.
ATTEST:
CITY CLERIC
READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
CITY ATTORNEY
APPROVED::
MAYOR/
COMMISSION VOTE: .4-0
Mayor Philips: Yea
Vice Mayor Welsh: Yea
Commissioner Harris: Yea
Commissioner Liebman: Yea
Commissioner Gil: Absent
Page 3 of 3
Agenda Rem No:5.
City Commission Agenda Item Report
Meeting Date:
Submitted by: Marcus Lightfoot
Submitting Department: Planning & Zoning Department
Rem Type: Resolution
Agenda Section:
Subject:
A Resolution relating to a Special Use application to permit a Community Garden use at 7311 SW 62nd Avenue
and 7340 SW 61 st Court. 4/5 (City Manager -Planning Dept.)
Suggested Action:
Attachments:
Cover Memo Community Garden jktver.docx
SMH Community Garden New Format Resolution.doc
PB-20-003- Documents.pdf
PB-20-003 Final PB Regular Meeting Minutes Excerpt - 03-10-2020.pdf
MDBR Ad.pdf
Miami Herald Ad.pdf
CITY OF SOUTH MIAMI
South Miami OFFICE OF THE CITY MANAGER
THE CITY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM
To: Honorable Mayor and Members of the City Commission
VIA: Steven J. Alexander, City Manager
FROM: Jane K. Tompkins, Planning and Zoning Director
DATE: May 19, 2020
A Resolution relating to a Special Use application to permit a Community Garden use at 7311
SW 62nd Avenue and 7340 SW 615S Court.
BACKGROUND:
Community gardens present opportunities for vacant or public properties to be used for growing
healthy food for area residents and visitors, educating people about the benefits of healthy
eating, and producing food that is better for the environment. Typically seen as the principal use
of a property, they may be operated by a single organization, or divided into plots that are
maintained individually. In an effort to encourage this initiative, the City Commission adopted
Ordinance H07-20-2361 on February 4, 2020 which created legislation pertaining to community
gardens and how they are regulated. Pursuant to the newly adopted ordinance, the City
Commission may approve a community garden via the Special Use permit process.
REQUEST:
South Miami Hospital, the applicant, is requesting approval via the Special Use permit process to
operate a community garden on the properties located at 7311 SW 62nd Avenue and 7340 SW
611 Court which are both located in the Transit Oriented Development District Mixed Use — 5
(TODD MU-S).
ANALYSIs:
Pursuant to the Special Use Conditions, Section 20-3.4 of the LDC, a special use may be approved
and permitted by the City Commission at a public hearing, after a recommendation by the
Planning Board, provided that such use complies with the general requirements, special
requirements, and any other conditions that the City Commission may consider appropriate and
necessary.
When reviewing the project, the following items are noted:
Per the applicant's letter of intent, the community garden will be temporary until such time
that the subject properties can be redeveloped. Once redevelopment occurs, the community
South Miami Hospital Community Garden Special Use
May 19, 2020
Page 2 of 5
garden will be relocated to a new area within the South Miami Hospital vicinity where it will
continue to provide a benefit to the South Miami Hospital community.
• The zoning districts for the surrounding properties are:
• North: TODD MU-5 & TODD-PR
• South: PU D-H
• East: PUD-H
• West: TODD-PI
• The subject properties previously contained commercial buildings that were demolished.
• South Miami Hospital with on -site surface parking, is located directly to the south of the
subject properties.
• A City owned park, Jean Willis Park, sits to the north of both properties.
• An existing surface parking lot owned by South Miami Hospital resides to the north of the
subject property
As shown on the attached site plan, the applicant is proposing to install a total of twelve (12)
raised planter boxes on the property located at 7311 SW 62 Avenue. The applicant is also
proposing to install six (6) picnic tables towards the rear of the 7311 property. Last, the applicant
is proposing to install a soil storage area on the 7340 property.
PARKING SPACE ANALYSIS
While off-street parking is not required for a community garden, additional standards can be
imposed. Pursuant to Section 20-3.4(B)(25)(b)(a) of the LDC,
Off-street parking: Off-street parking is not required for a Community Garden
unless the need for such is determined by the Planning and Zoning Director. Said
determination shall be based on the garden size, potential number of gardeners,
plans for on -site distribution of produce, and the availability of on -street parking.
While there is no available on -street parking, the applicant does have off-street parking spaces
available on the lot directly to the north of the subject properties as well as on the hospital
property to the south that could supply the proposed use with ample parking.
SPECIAL USE APPROVAL
To be approved, the proposed community garden project must comply with both the general and
special requirements listed in both Section 20-3.4(A) and Section 20-3.4(B)(25)(a)(2) of the LDC,
respectively, in that the use:
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South Miami Hospital Community Garden Special Use
May 19, 2020
Page 3 of 5
• Is compatible and complementary to the existing uses within the surrounding areas.
• One utility or tool shed may be a permitted as an accessory structure, subject to the provisions of
Section 20-3.6(1).
• Tools and Equipment. The following.tools and equipment may be employed:
• Riding/push mower designed for personal use;
• Handheld tillers or edgers that may be gas or electrically powered;
• Other handheld equipment designed for personal household use that create minimal impacts
related to the operation of said equipment, including noise, odors, and vibration.
• Tools and equipment shall be stored indoors or removed from the property daily.
• One (1) Two -Axle Vehicle with a gross vehicle weight rating (GVWR) of 14,000 pounds or less may
be used in the operation of the Community Garden but may not remain on site overnight.
• Community Gardens must be planted with produce or plants. Ancillary compost, mulch, and soil
storage within the Community Garden boundary may be permitted provided the materials are
properly contained to control odor and are not visible from adjacent residential properties or a
public right-of-way.
• No gardening activities may take place before sunrise or after sunset.
• If operation of a Community Garden has been discontinued for six months or longer, the property
owner must level, clean and sod the property, including removal of plant materials, planting
structures, accessory structures, screening, materials, and debris.
• No signage shall be visible from the public right-of-way.
• All sheds, fences and other structures shall comply with the Florida Building Code.
• Furthermore, the requested special use must not conflict with the Comprehensive Plan and comply
with the LDC requirements set forth in Section 20-5.8(B)(1) of the LDC in that the use:
a) Will not adversely affect the health or safety of persons residing or working in the
vicinity of the proposed use,
b) Will not be detrimental to the public welfare or property or improvements in the
neighborhood; and,
c) Complies with all other applicable Code provisions.
While the proposed use would be compatible with the adjacent City owned park, it would not be
compatible with the remaining uses in the surrounding area which are mostly comprised of
medical offices. However, the proposed use would be complimentary to the surrounding area
because it would provide an environment that would provide both healthy produce and
educational opportunities to the community.
Per the new ordinance, the applicant is required to provide an on -site water source, a water
management plan that would prevent run-off to adjoining properties, waterways or the public
right-of-way and a description of any proposed rain -capture systems including size, location and
method of operation stating how water stagnation will be prevented. The applicant states in their
letter of intent that irrigation will be provided using a water hose located by the existing main
line at the rear of the property. However, the applicant has not provided a management plan
that shows how they will prevent water from running off into adjacent properties and the right-
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South Miami Hospital Community Garden Special Use
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Page 4 of 5
of -way. Last, because the proposed garden is temporary in nature, the applicant is not proposing
any type of system that will capture the rain at this time.
The applicant further states in their letter of intent that a utility shed will not be provided.
Instead, all tools and equipment will be kept at an off -site location.
If the special use is, in the future, determined by the Director of Planning to be adversely affecting
the health or safety of persons residing or working in the vicinity of the proposed use, to be
detrimental to the public welfare or property or improvements in the neighborhood, or to be not
in compliance with other applicable Code provisions, the special use approval may be modified
or revoked by the City Commission upon notification and public hearing.
PLANNING BOARD RECOMMENDATION:
The application was reviewed by the Planning Board at its March 10, 2020 meeting. After a public
hearing on the application, the Board voted unanimously to recommend approval.
RECOMMENDATION:
It is recommended that the City Commission approve the Special Use Permit application (PB-
2003) submitted by applicant South Miami Hospital, Inc., to operate a Community Garden at 7311
SW 62nd Avenue and 7340 SW 61si Court, within the Transit Oriented Development District Mixed
Use-5 (TODD MU-5) zoning district is hereby approved. This approval should be subject to all
applicable City ordinances, codes, rules and regulations, and the adherence to the Special
Requirements applicable in Section 20-3.4(B)(25) Community Garden of the LDC and the Special
Use Approval requirements provided in Section 20-5.8 which include but are not limited to:
1. One utility or tool shed may be permitted as an accessory structure, subject to the
provisions of Section 20-3.6(1);
2. Tools and Equipment. The following tools and equipment may be employed:
a. Riding/push mower designed for personal use;
b. Handheld tillers or edgers that may be gas or electrically powered:
c. Other handheld equipment designed for personal household use that create minimal
impacts related to the operation of said equipment, including noise, odors, and
vibration;
3. Tools and equipment shall be stored indoors or removed from the property daily;
4. One (1) Two -Axle Vehicle with a gross vehicle weight rating (GVWR) of 14,000 pounds or
less may be used in the operation of the Community Garden but may not remain on site
overnight;
5. Community Gardens must be planted with produce or plants. Ancillary compost, mulch,
and soil storage within the Community Garden boundary may be permitted provided the
5
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South Miami Hospital Community Garden Special Use
May 19, 2020
Page 5 of 5
materials are properly contained to control odor and are not visible from adjacent
residential properties or a public right-of-way;
6. No gardening activities may take place before sunrise or after sunset;
7. If operation of a Community Garden has been discontinued for six months or longer, the
property owner must level, clean and sod the property, including removal of plant
materials, planting structures, accessory structures, screening, materials, and debris;
8. No signage shall be visible from the public right-of-way;
9. All sheds, fences and other structures shall comply with the Florida Building Code;
10. Provide a water management plan that would prevent run-off to adjoining properties,
waterways or the public right-of-way;
11. The approved special use shall lapse after six (6) months if no master building permit
which implements the special use or certificate of occupancy has been issued for such use
and if the City Commission has not specified a longer approval period for good cause; and
12. If the subject community garden is, in the future, determined by the Director of Planning,
to be adversely affecting the health or safety of persons residing or working in the vicinity
of the proposed use, to be detrimental to the public welfare or property or improvements
in the neighborhood, or to be not in compliance with other applicable Code provisions,
the special use approval may be modified or revoked by the City Commission upon
notification and public hearing.
Attachments:
• Resolution
• Application, dated February 7, 2020 dated 2.7.2020
• Amended Letter of Intent, dated February 27, 2020
• Exhibit "A" - Legal Description
• Exhibit "B" —Aerial Photograph
• Site Photographs
• Proof of ownership
• Owner's Authorization, dated March 2, 2020
• Ordinance #07-20-2357
• Mailing Label Certification w/Location Map, dated January 30, 2020
• Affidavit Attesting to Providing Mailed Public Hearing Notice, dated February 12, 2020
• Neighborhood Awareness Notification Letter
• City Notice of Public Hearing
• Legal Ad
• Sketch of Boundary & Topographic Survey
• Proposed Improvements Exhibit —Site Plan
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