The URL can be used to link to this page

Res No 090-20-15530RESOLUTION NO.090-20-I5530 A - Resolution relating to a Variance application to allow a drive-in/drive- through for a Pharmacy located at 6420 SW 62 Avenue. WHEREAS, SOMI 62"d Group, LLC submitted an application (number PB-20-013) requesting a variance from Section 20-3.4(B)(24)(d) of the Land Development Code (LDC) to allow a drive -through or drive-in service aisle for a Pharmacy located at 6420 SW 62 Avenue; and WHEREAS, pursuant to Section 20-3.4(B)(24)(d) of the LDC, the Medical Marijuana Retail Center (MMRC) or Pharmacy shall ensure that there is no queuing of vehicles in the rights - of -way. No MMRC or Pharmacy shall have a drive -through or drive-in service aisle or a walk-up service window for doing business to the outside of the space housing the MMRC or Pharmacy; a variance may be requested for drive -through and/or drive-in service for a Pharmacy use in accordance with the standards in Section 20-5.9 (Variance Approvals). WHEREAS, the approval of a variance requires a review by the Planning Board and a recommendation to approve, deny or approve with conditions, as well as the approval of the City Commission after a public hearing; and WHEREAS, on June 9, 2020, the Planning Board held a public hearing on the application request, considered each of the criteria listed in Section 20-5.9 of the LDC and voted on the variance request; and WHEREAS, the Planning Board recommended approval by a vote of six (6) ayes to one (1) nay on the variance request with the condition that the applicant builds a cement wall to the maximum height permitted by the LDC with hedges lining the interior side of the wall within their property; and WHEREAS, the Mayor and City Commission of the City of South Miami, having considered each of the variance criterion listed in Section 20-5.9 of the LDC and having found that those conditions have been met, desire to approve the variance applications. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSIONERS OF THE CITY OF SOUTH NIIAIVII, 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. The variance request listed in the application (number PB-20-013) submitted by SOM1621d Group, LLC to ) to allow a drive -through or drive-in service aisle for a Pharmacy located at 6420 SW 62 Avenue, South Miami, Florida is hereby approved, subject to the following conditions: Pagel of 2 Resolution No. 090-20-15530 1. The applicant builds a cement wall to the maximum height permitted by the Land Development Code with hedges lining the interior side of the wall within their property; 2. The applicant record a Unity of Title on the two properties; 3. Any and all exterior renovations or modifications for the new establishment may be subject to approval by the Environmental Review & Preservation Board; and 4. The approved variance shall lapse after one (1) year if no building permit has been applied for in accordance with the request for such variance and if the City Commission has not specified a longer approval period for good cause shown. Section 3. The approval of the requested variance includes, as an Exhibit to the Application, the architectural plans signed and sealed by Dionisio F. Torres, PE, dated July 8, 2020 for the proposed redevelopment of the existing commercial building and site located at 6420 SW 62 Avenue which is incorporated herein by reference. The approval of the variance is subject to and conditioned upon the project being built in substantial compliance with the plans submitted with this application as determined by the Planning and Zoning Director in the Director's sole discretion. Section 4. 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 5. 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 6. Effective Date. This resolution shall become effective immediately upon adoption. PASSED AND ADOPTED this 21" day of July. 2020. ATTEST: APPROVED: CITY',CLERI ' ``MAYOR READ AND APPROVED AS TO FORM, COMMISSION VOTE: LANGUAGE, LEGALITY AND EXECUTION 'OF drY ATTORNEY Mayor Philips: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Gil: 4-1 Yea Nay Yea Yea Yea Page 2 of 2 Agenda Rem No:10. City Commission Agenda Item Report Meeting Date: July 21, 2020 Submitted by: Marcus Lightfoot Submitting Department: Planning & Zoning Department Item Type: Resolution Agenda Section: Subject: A Resolution relating to a Variance application to allow a drive-in/drive-through for a Pharmacy located at 6420 SW 62 Avenue. 4/5 (City Manager -Planning Dept.) Suggested Action: Attachments: 6420SW 62 Avenue (Marco Drugs) Drive -In Drive Through Variance CM Memo.docx 6420SW 62Avenue (Marco Drugs) Drive -In Drive -Through Variance Resolution New Format.docx PB-20-013 -Application Package.pdf Final PB Regular Meeting Minutes - 06-09-2020.pdf Boundary Survey Marco Drugs Sheet A-1- Proposed Site Plan Marco Drugs Sheet A-2 - Proposed Floor Plan MDBR Ad. pdf Miami Herald Ad.pdf CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER i, UP PLEASANT LIVING INTER -OFFICE MEMORANDUM TO: Honorable Mayor and Members of the City Commission VIA: Shari Karnali, City Manager FROM: Jane K. Tompkins, Planning and Zoning Director DATE: July 21, 2020 SUBJECT: A Resolution relating to a Variance application to allow a drive-in/drive-through for a Pharmacy located at 6420 SW 62 Avenue. BACKGROUND: Due to the rise of medical marijuana in the State of Florida, The City Commission recently adopted Ordinance #41-19-2354 on December 3, 2019. As part of the amendment, the City Commission determined that it was in the best interest of the residents and the general public for the City to regulate the location of medical marijuana centers. By adopting the ordinance, the City accomplished its objective and allowed Medical Marijuana Centers in the same zoning districts as pharmacies. Per State law, the location of both Medical Marijuana Center dispensing facilities and Pharmacies must be regulated the same way. Because of that, Section 20-3.3(D) of the Land Development Code (LDC) was amended to require that both uses were permitted to be located in the same zoning district and both were required to go through the Special Use permit process before the commencement of any activities associated with the business. On January 21, 2020, the City Commission adopted Ordinance #04-20-2358, which amended the City's Variance regulations to include variance requests for spacing requirements, drive-in/drive- throughs, and hours of operation for Pharmacies. In conjunction with this request, the applicant has also submitted a separate variance request application to the City waiving the spacing requirements from both RS districts (PB-20-011) and schools (PB-20-012). Last the applicant has submitted a Special Use application to allow a pharmacy at the subject location (PB-20-014). REQUEST: At this time, SOMI 620d Group, LLC, the property owner and applicant, is requesting a variance related to allow a drive-in/drive-through aisle for a Pharmacy located at 6420 SW 62 Avenue. ANALYSIS: When reviewing the project, the following items are noted: 2 6420 SW 62 Avenue (Marco Drugs) Variance Request -Drive In/Drive-Through July 21, 2020 Page 2 of 6 • The applicant's intent is to renovate the site and the existing one-story building which was previously known as Joe's Market. is Per the attached site plan, the existing one-story building is approximately 2,293 square feet and sits on a 15,000 square foot lot. • In addition to the property located at 6420 SW 62 Avenue, the property owner also owns the vacant property immediately to the south, identified only as Folio #09-4025-012-0370. The property owner has submitted a separate Unity of Title request to combine the two (2) properties together. It is important to note that the review and approval of Unity of Title requests fall under the purview of the City Commission. • Per the Proposed Pharmacy Location Map below, the subject property abuts the following zoning districts: _ $ 1i—i SW 66TH ST - - F8 r baro i &,s 5400 6+U, 61ro _ W1 8 1 m u c g i—:_l- 1_ i ,5 w„ i ,^ II &to 6111 Eno I RS-4 SW 61TH TEN _ ws s ,l tlX 61t1 Gam s"--' i e1u elm _ sm Jl 6130 6.131 6iJ0 631 &]0 BLl 'COR31) 65ot stel 6501) gp1 854 6�' 65,0 85t9 fl SU it 6513 itl W10 601t d 6511 E5b 61X ¢¢ 21 bit I Mt lice)A N� 66_t PI � q S G Wb] 531 I EWO 6WI . y W11 R ..I i WW �R W„ W16 NRm _i 8 %„ Will6C, ,- 6a>, �•V 66_, esJl YHO 66J1 _ fiml —6m1 fimo 6,b e]o, GM- � Wll 6]n CIO i 6711 eno I � i 6T21 6721 6TI) STd, brn a]6o Oni b]1 01J1 I LPR i H. 5T " RS-3- I _ fi]oo Wo1 Woo 6BOt �' - o - W' W15 86t5 WP i � 684 W10 1 `� , � 630J WJb _ I M1 I , ,' 6W1 o North: Neighborhood Retail (NR) o South: Neighborhood Retail (NR) o East: Single -Family Residential (RS-4) JKT/mwl C-.\Users\EASYPD`I\AppData\Local\Temp\BCL Tech nologies\easyPDF 8\@BCL@640AB21E\@BCL@640AB21E.doa 3 6420 SW 62 Avenue (Marco Drugs) Variance Request — Drive In/Drive-Through July 21, 2020 Page 3 of 6 o West: Single -Family Residential (RS-3) • JRE Lee Center, located at 6521 SW 62 Avenue is a property owned and operated by the Miami -Dade County Public School System. The school is located to the south of the proposed Pharmacy in the City's Public Institutional (PI) zoning district. • The attached proposed Site Plan, sheet A-1, and the attached proposed Floor Plan, sheet A- 2, details the proposed site and floor plan for the future Pharmacy. As a condition for approval by the Planning Board, the applicant has revised the site plan to include a new six (6) foot high pre -cast concrete fence at the rear of the property along its perimeter. Additionally, the applicant is also proposing to plant hedges within their property along the interior side of the proposed wall as well. • All site and exterior building renovations must first be reviewed and approved by the City's Environmental Review & Preservation Board (ERPB) prior to the issuance of any building permits for exterior renovation or renovation of the site. When the City Commission amended the regulations for pharmacies, a requirement was placed on them that prevented future businesses from having a drive -through or drive-in service aisle. The Commission later amended the City's Variance regulations to allow for the request of a drive- in/drive-through aisle for pharmacies only. Section 20-5.9 of the LDC, Variance approvals, provides the standards against which applications must be reviewed. More specifically, Section 20-5.9(H) provides that variance approvals shall be based on an affirmative finding as to each of five (5) criteria. The applicant has provided their opinion of how the criteria are satisfied in both the General Statement of Hardship and the Justification for Change that are included in the Application Package. The following is Staffs analysis of both the proposed variance requests: 1. The variance is necessary to relieve particular extraordinary conditions relating to a specific property; The use of a drive-through/drive-in would create an environment that would allow for the expeditious pickup of the prescriptions produced by the business and would aid in the movement of traffic on the site. If the access were not available, the business would still be able to provide their brand of service to its customers and could conduct normal business operations. Because of that, a variance of this nature would not be necessary to relieve the particular extraordinary conditions relating to the property. 2. Denial of the variance would result in hardship to the owner. Hardship results if the restriction of the zoning ordinance, when applied to a particular property, becomes arbitrary, confiscatory or unduly oppressive because of conditions of the property that distinguish it from other properties under similar zoning restrictions; JKT/mwl C:\Users\EASYPD—I\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@640AB21E\@BCL@640AB21E.doac 4 6420 SW 62 Avenue (Marco Drugs) Variance Request — Drive In/Drive-Through July 21, 2020 Page 4 of 6 Without the use of the drive-in/drive-through aisle, patrons to the business will need to enter the establishment in order to be properly serviced. Doing so would still allow the business to be fully operational. Because the business can fully operate without the use of a drive-in/drive- through aisle, the denial of the variance would not result in a hardship to the owner. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; The applicant is proposing to install a drive-in/drive-through system that would aid in the retrieval of prescriptions from the business. If it is not installed, patrons will need to enter the establishment to obtain service from the business. Business would not be hindered by the loss of the drive-in/drive-through aisle system. That said, the business could still fully operate without the use of a drive-in/drive-through aisle system. Because of that, the extraordinary conditions and circumstances associated with the request result from the actions of the applicant. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the land, building or structure; The applicant is proposing to install a drive-in/drive-through system that would aid in the retrieval of prescriptions from the business. If it is not installed, the business could still fully operate and provide patrons with service. Because of that, the requested variance is not the minimum necessary to make possible the reasonable use of the land. The business can still fully operate without the use of the drive-in/drive-through aisle system. S. That the approval of the variance will be inconsistent with the general intent and purpose of the Land Development Code and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The purpose of the NR zoning district is to permit convenience commercial uses which provide for the everyday retail and personal service needs of nearby residential neighborhoods in a compatible and convenient manner. The use of a drive-in/drive-through aisle would definitely expedite the service to the neighborhood and community. However, in this particular situation, the drive -through that the applicant is proposing will be located less than twenty- one (21) feet from the RS-3 zoning district. A use of this nature could generate additional noise and pollution that could prove to be a nuisance to the adjacent residential zoning district. It is important to note that the applicant is proposing to provide landscaping along the rear of the property. Because of its close proximity to the RS-3 zoning district, the approval of the variance would not be in keeping with the general intent and purpose of the LDC which is used to protect the residential zoning districts. Approval of this variance would be injurious to the neighborhood or otherwise detrimental to the public welfare. PLANNING BOARD RECOMMENDATION: JKT/mwl C.\Users\EASYPD-1\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@640AB21E\@BCL@640AB21E.docx 5 6420 SW 62 Avenue (Marco Drugs) Variance Request — Drive In/Drive-Through July 21, 2020 Page 5 of 6 Planning Board item PB-20-013 was reviewed by the Planning Board at its June 9, 2020 meeting. At the meeting, residents from the adjacent residential neighborhood voiced their concerns regarding the use of the drive -through and the noise that will be generated by it. The Board then voted to recommend approval of the variance request by a vote of six (6) ayes to one (1) nay with the condition that the applicant build a cement wall to the maximum height permitted by the LDC with hedges lining the interior side of the wall. RECOMMENDATION: When reviewing the variance request application, Staff determined that the proposed variance request was due to a self-imposed hardship. Because of that, Staff originally recommended that the request be denied. After the item was reviewed and approved by the Planning Board with conditions, the applicant revised their plans to accommodate those conditions into their project. Per the plans signed and sealed by Dionisio F. Torres, PE and dated July 8, 2020, the applicant has revised the plans to include a new six (6) foot high pre -cast concrete fence at the rear of the property along its perimeter. Additionally, the applicant is also proposing to plant hedges within their property along the interior side of the proposed wall as well. Because of that, Staff recommends that the Planning Board approve the variance application with the following conditions: 1. The applicant builds a cement wall to the maximum height permitted by the Land Development Code with hedges lining the interior side of the wall within their property; 2. The applicant record a Unity of Title on the two (2) properties; 3. Any and all exterior renovations or modifications for the new establishment may be subject to approval by the Environmental Review & Preservation Board; and 4. The approved variance shall lapse after one (1) year if no building permit has been applied for in accordance with the request for such variance and if the City Commission has not specified a longer approval period for good cause shown. ATTACHMENTS: • Resolution • Application, Dated March 13, 2020 • Letter of Intent • General Statement of Hardship • Justification for Change — Variance to Operate Within 300 Feet of RS Zoning District • Drive-Thru Traffic Letter from Global Design & Construction, Inc., dated June 8, 2020 • Drive-In/Drive-Through Letter from Yates & Company, dated June 8, 2020 • Trustee's Deed • Ordinance #41-19-2354 • Ordinance #04-20-2358 • Mailing Label Affidavit w/ Location Map, dated April 17, 2020 • Neighborhood Awareness Affidavit, dated March 17, 2020 • Neighborhood Awareness Package, dated March 18, 2020 including: JKT/mwl C:\Users\EASYPD—i\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@640AB21E\@BCL@640AB21E.docx 0 6420 SW 62 Avenue (Marco Drugs) Variance Request — Drive In/Drive-Through July 21, 2020 Page 6 of 6 • Neighborhood Awareness Letter, dated March 18, 2020 • Site Plan, sheet A-1 • City Notice of Public Hearing • Legal Ad • Boundary Survey • Proposed Site Plan, sheet A-1 • Proposed Floor Plan, sheet A-2 JKT/mwl C:\Users\EASYPD-1\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@640AB21E\@BCL@640AB21E.docx WE rah M City of South Miami Plannrng &Zoning Department City Hall, 6130 Sunset Drive, South Miami, Florida 33143 Telephone: (305) 663-6326-, Fax: (305) 668-7356 Application for Public Hearing before Planning Board & City Commission Address of Subject Property: Lot(s) 3 d 5 Block g_ Subdivision )1�4 6420 SW 62 AVENUE PB 48-7.38 TERRACE ADDITION Meets & Bounds: Applicant Phone: SOMI 62ND GROUP LLC 305-665-4411 Representative: Organization: SONIA MARTINEZ & IVETTE M. SUAREZ MARCO DRUGS MANAGEMENT, LLC Address: Phone: 1407 TUNIS ST CORAL GABLES FL 33134 305-665-4411 Property Owner.. Signature: SOMI 62ND GROUP, LLC Mailing Address:Phone: 1407 TUNIS ST CORAL GABLES FL 33134 305-665-4411 Archttecl/Engineer. Phone: WILLIAM DELAMORENA, GLOBAL DESIGN 305-525-2060 S THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: 1COwner _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 ALLTHATAPPLY: ,Text Amendment to LDC X.Variance ,_ Letter of intent „_Zoning Map Amendment X.Special Use X Justifications for change _ PUD Approval Special Exception -XStatement of hardship _ PUD Major Change _Other (waiver of Plat) .x Proof of ownership or letter from owner Pharmacy as a special use Na Power of attorney Mfiefly explain application and die specific Code sections: Section 20-3.4 (24) nla Contract to purchase X Current survey (t original sealed and 'th Variances to Section 20-3.4(24)(b)(17 within 300 feel of RS zoning district; (il) within 500 feet of school; (a) allow Drive -through; (k) request reservation to limit another i %er within 1 nnO feet, and.Rpction 2n-.6 IS request Unity of Title for prooerty. signedn reduced copy @ I I" x 17") X 1S cpples of Site Plan and Floor Plans 24 x 36', 1 reduced copy @ 11"x 17" X Affidavit -Receipts attesting to mal notices sent Section:_ Subsection:_ Page #:_ Amended Date: X Mailing labels (3 sets) and map Required Feels) The undersign r d this comyleled application and represents that the information and all submitted materials are true and correct to the o a 'cant's knowledge and belief. Sonia E. Martinez 3 I3 Applicant's Sig 'r re end title Print Name Dat Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable rcgulalions. Applications round not in compliance will be rejected and returned to the applicant. OFFICE US L : 0 ate Filed 3 Dale of PB Hearing Dale of Commission Petition Required Petition Accepted Method of Payment Z:\Forms%Current Planning Department FormstPlanning Department Fonns%Planning BoardlPB - Special Use Application - Revised I. 25.2016.doc 10 Letter of Intent SOMI 62nd Group, LLC, the owners of Marco Drugs & Compounding, purchased an existing commercial building at 6420 S.W. 64nd Avenue (formerly Joe's Market) and the adjacent lot on December 18, 2019 to relocate and expand their existing compounding pharmacy from 6627 S. Dixie Highway. The proposed site plan includes renovating the existing building and requires the use of the adjacent lot to provide adequate parking and drive through facilities. Pursuant to Section 20-5.16(A) of the City of South Miami Land Development Code, we are requesting a Unity of Title in the following case: 2. Whenever a building site consists of more than one lot or parcel and the main building is located on one or more of the lots or parcels and the remaining lots or parcels encompassing the building site are required to meet the minimum zoning requirements. The existing commercial building is located on Lots 3 and 4 of Block 4, Cocoplum Terrace Addition, PB 48-38, Folio Number 09-4025-012-0350. The adjacent lot to the south is Lot 5, Block 4, Cocoplum Terrace Addition, PB 48-38. 11 Folio: 094925412-0370 Seam^ ton: COCOPLUMTERRACEADON Property Address Omer SON 62NO GROUP LLC MaMng Address 1407 TUNIS ST CORAL GABLES. FL33134 PA Primary Zone 6100 COMMERCIAL -NEIGHBORHOOD Primary Land Use 1091 VACANT LAND- CONWRCVAL, VACANT LAND Folio: 09.402S012-0350 sec.Drv(s;on: COCOPLUMTERRACEADON Property Address 6420 SN 62 AVE Owner SOMI 62NO GROUP LLC Mailing Address 1A071UNISST CORAL GABLES. IL 33134 PA Prerury Zone 6100 COMMERCIAL -NEIGHBORHOOD PrimaryLendUse 1111 STORE'. RETAILOLM-ET 12 Genera! Statement of Hardship The requested variances are special conditions to this particular location and the circumstances created through the recently adopted Ordinance No. 41-19-2354 on December 3, 2019, and Ordinance No. 40-20--2354 on January 21, 2020 which amended the Land Development Code for Special Use Conditions, Variance and Special Exceptions for Pharmacy use. SOMI 62nd Group, LLC purchased the property to relocate their existing Pharmacy. The owner closed on the property on December 18, 2019 and had met with staff in prior months to confirm the Pharmacy Use was approved for this location and did not require City Commission approval. We are a local minority -owned small business operation and the additional approval process, timing and costs have created a significant hardship. Therefore, we are requesting your approval of the applications and a deferral/reduction of the application fees. The hardship is fundamental to this property and the existing building site with the current setbacks and inadequate parking. The existing building was used as a convenience grocery store and the new Pharmacy will also provide an important service for the neighborhood and City residents. SOMI 62nd Group, LLC will renovate and remodel the existing building, improving the exterior fagade as well as the site with adequate parking, landscaping, drainage and landscaping. In summary, the Variance requests are necessary because of the recent changes to the ordinances which require the special use permit and variances in order to operate a pharmacy on the property. We purchased the property in reliance of the ordinances that would have allowed us to operate a pharmacy on the property. The change is unfair to us and has nothing to do with any legitimate concerns the city has relating to the operation or location of pharmacies in the city. This was not done to protect the health, welfare, and safety of the citizens from dangers relating to pharmacies. Law requires local governments to regulate medical marijuana treatment centers in the manner that it regulates pharmacies. The "Whereas" clauses of the ordinances substantiate this. rather than treat medical marijuana treatment centers in the same manner that pharmacies were treated under the prior ordinances, the city has revised the ordinances so that it can regulate medical marijuana treatment centers in the manner that it chooses. We don't believe this is the intent of section 381.986(11)'s preemption provisions. The only entities harmed by this change are pharmacies. We feel that this change is arbitrary and capricious because it is not addressing health, safety, and welfare concerns relating to pharmacies. To the best of our knowledge, the ordinance is not the result of any study of the city's problems and is not designed to address any concerns relating to pharmacies. We feel the ordinance is unreasonable and unfair to pharmacy owners and we ask the commission to reconsider its decision. Due to the additional financial burden, the project will be completed in two phases. ik3 Variance to Section 20-3.4(24)(e) Vehicular traffic for Drive -through service. 1. The variance is necessary to relieve particular extraordinary conditions relating to this property as Pharmacy services are expanding to increase the convenience of physicians and patients to pick up their medications. The most important advantage of a drive -through pharmacy service is serving sick patients, elderly, disabled people or women with a child in the car. Per the attached site plan, the traffic flow was designed to provide parking spaces and stacking spaces sufficient to support a drive through window. Analysis of stacking requirements for Pharmacy users in Florida communities, indicate a minimum of 3 spaces is adequate. 2. Denial of the variance would result in hardship to the owner, SOMI 62nd Group, LLC, as it would be less convenient for the physicians and patients to be serviced by the Pharmacy. Ease of access and customer satisfaction would increase the efficiency of the user. Marco Drugs provides cutting edge knowledge and approaches to the different areas of compounding, hormonal restoration and functional medicine at the South Miami Compounding pharmacy location. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant. The requested variance was necessitated by the circumstances created through the recently adopted Ordinance No. 41-19-2354 on December 3, 2019, and Ordinance No. 40-20-2354 on January 21, 2020 which amended the Land Development Code for Special Use Conditions, Variance and Special Exceptions for Pharmacy use. 4. The requested variance is the minimum variance necessary to make possible the reasonable use of the building as we would incorporate a drive -through window and traffic flow to maximize efficiency of the customers using the facility. S. The approval of the variance will be consistent with the general intent and purpose of the LDC and will not be injurious to the neighborhood or otherwise detrimental to the public welfare as we will incorporate internal and external renovations, including drive -through window, drive -through lane, stacking spaces, adequate parking spaces, appropriate landscaping, drainage, and security. Access to the site is proposed from SW 62"d Avenue only, without additional traffic through the adjacent alley. After analysis and discussion with Public Works, it was determined to be infeasible to use the 25' alley for ingress and egress from the site without constructing asphalt paving and storm drainage improvements from SW 640' Street to SW Wh Street, approx. 1,2001 . 14 Global Design & Construction, Inc. June 8, 2020 City of South Miami Attn: Planning & Zoning / Planning Board Members Re: 6420 SW 62nd Avenue, South Miami, Florida 33143 Interior Alterations & Site Modifications Owners: SOMI 62nd Group, LLC. Planning Board No.: PB-20-013 To Whom it may concern, We are the Engineering Firm responsible for performing the design work for the above described property and we are submitting this letter to address several concerns the City of South Miami has in regards to a public hearing request for a series of variances. It has come to our attention that the City of South Miami intends to recommend denial of the drive-thru variance request due to "pollution and noise" nuisance concerns to the adjacent residential zoning districts particularly to the West. The City staff also state that if said drive thru is not installed the business could still "fully' operate and would not be "hindered" by the loss of the drive-thru (PB-20-013). We strongly disagree with the staff recommendation on this matter and respectfully submit the following statements to persuade the Planning Board to decide in favor of this variance request without creating any undue burden on neighboring residential districts. 1. The Drive-thru hours will be from 8:00am to 9:O0pm which in our opinion does not create a noise or pollution nuisance during peak traffic hours and for the most part during normal business hours for the public at large. (The current use of property has longer hours and they extend well into the night) 2. The drive-thru area will have a landscape buffer consisting of shrubs and trees to adequately screen it from view from the neighboring residential districts to the West and East (The current use of property does not and has never had any landscape buffer to East or West). 3. The position of the proposed drive-thru window is such that vehicles adjacent to it are pointing to the East (towards 62nd Avenue) so as to not create any light pollution during the nigh time hours in the direction of the nearest residential district to the West. 4. The orientation of all parking spaces is such that vehicles when parked are facing either North, South, or East to avoid creating any light pollution during the nighttime hours in the direction of the nearest residential district to the West. (The current use of the property has all parking spaces facing West which during 16021 Southwest 551h Terrace, Miami, Florida 33185 Tel: (305) 525-2060 will(cDglobaldcinc.com 15 Global Design & Construction, Inc. the nighttime hours causes headlights to point directly at neighboring residential districts well into the night). 5. Historically a successful Pharmacy business model relies on the ability to provide drive-thru service to its patrons for a variety of reasons: a. During these extraordinary times (COVID-19 Pandemic) it has become even more necessary to provide customers with a social distancing option of a drive thru to protect the public health. b. In comparison with most large Pharmacy brands, (such as Walgreens & CVS) they incorporate drive-thru lanes to be successful and which are, for the most part, located in shopping centers surrounded by residential districts. c. A drive thru creates less need for onsite parking and reduces traffic congestion in parking area due to the incidental circulation of drive-thru vehicles which in this design is located away from the parking area entirely. d. A drive-thru provides a public service and convenience particularly to parents with small children and the elderly community by allowing them the option of not having to park, exit the vehicle, traverse the site, enter the store, perform their transaction, and repeat the process of exiting the store and site which can unnecessarily result in injury due to accidental slip or fall. e. During inclement weather, a drive thru provides customers the option of not having to be exposed to excessive heat, wind, or rain. 6. In conclusion we would like to point out that although this property has served the community well as a convenience / grocery store for many years it also has, for a very long time, created many types of nuisances (light pollution, noise pollution, vandalism, littering, loitering, alcohol consumption & public intoxication, and even serious criminal activity) that the City of South Miami as well as neighboring residential districts have had to endure. We hope these items will be evaluated for their merit and, by far, do outweigh any of the perceived burdens the City of South Miami and its residents may endure. It our opinion this project will greatly benefit the City of South Miami and its residents for many years to come and is a much -needed improvement to the neighborhood vicinity and serves the greater good. Sincerely, I hwz�i WiilliamDelamorena, President Global Design & Construction, Inc. FI. Engineering CA Lic. No. 31281 16021 Southwest 5511 Terrace, Miami, Florida 33185 Tel: (305) 525-2060 will(a)globaldcinc.com 91 :W June 8, 2020 Mr. Marcus Lightfoot City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: PB-20-013 Variance Application to allow a drive-in/drive-through for Pharmacy 6420 SW 62 Avenue Dear Marcus: As a Certified Planner with the American Institute of Certified Planners, ID #092936 and member of American Planning Association, I submit that the request for a drive-in/drive- through for a Pharmacy is suitable and appropriate at the above referenced location. The Site plan has incorporated appropriate parking spaces, driveway widths and access openings that meet the off-street parking design requirements of the land development code and are satisfactory to provide adequate access through the parcel. The drive- in/drive through has been located to not create a traffic hazard or nuisance and minimize turning movements in relation to the driveway access. Landscape buffers have been incorporated to screen the parking areas from adjacent property owners. Queuing for the drive in/drive-through window can accommodate a minimum of 4 cars and are positioned to reduce headlights into the RS-3 District. The drive-in/drive-through is a critical part of a pharmacy operation and saves people time and effort. It will provide expeditious pickup of the prescriptions and aid in movement of traffic on the site for people that are sick, mothers with children and disabled persons. In the current Covid 19 crisis it allows highly sensitive persons to remain in their vehicle to pick up their prescriptions without worry of contact and infection. We would -appreciate -your support -and consideration for -approval of -a drive-in/drive- through for Marco Drugs & Compounding Pharmacy. Sincerelly,,,,{'n Brenda J Nat , Al Yates & Compan , - C Yates & Company — 255 Alhambra Circle Suite 1160, Coral Gables, FL 33134 0: 305-446-0406 C: 786-258-6500 F: 305476-1519 Email: brenda(a),yatesandcompany. net Website: www.yatesandcompany.net 17 CFN: 20200008679 BOOK 31757 PAGE 3500 DATE:D1/07/2020 08.18:13 AM - DEED DOC 7.200.00 SURTAX 5,400 00 HARVEY RLIVZN, CLERK OF COURT, MIA-DADE CTY This i>narument prepared by: David M. kra use, Esq. Law Offices of Kmuw & Baxter 9555 N. Kendall Drive Suite #202 MiawL Florida 33176 Return to: Fleitas, PLLC 782 N.W, 42. Avenue, Suite 430 Miami, Florida 33126 Property Appraisers Parcel Identification (Folio) Number(s): 09-4025-012-0350 & 09-4025-012-0370 TRUSTEE'S DEED THIS INDENTURE,ad m e this fay of I7cccmber, 2019, BETWEEN Rosalind S. tacks. flea Rosalind M. Spector, a married woman, individually and as Trustee, A" S. Liefy fka Ann K. Spector, a married woman, individually and as Trustee, Miehael J. Spector, a married man, indMdually and as Trustee, and Dayard W. Specter, a married ma , individually and as the Trustees of Martin W. Spector Irrevocable Trust Dated August 199 1974, of 6212 Riviera Drive Carat Gables, Florida 33I46, hereinafter Grantor*, to Semi 624d Group LLC, A Florida limited liabRity company, of I407 Tunis Street, Coral Gables, Florida 33134, hereinafter Grantee*, WITNESSBTH, That said Grantor, for and in consideration of the sum of TEN and Dollars, and other good and valuable considerations to said Grantor in hand paid by said Grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said Grantee, and Grantee's heirs and assigns forever, the following descn`bed land, situate, lying and being in Miami -Dade County, Florida, to -wit: Lots 3, 4 and 5 Block 4, COCOPLUM TERRACE ADDITION, according to the plat thereof as recorded in Plat Book 48, Page 38, Public Records of Miami -Dade Ccxnty, Florida. 18 CFTC: 20200008679 BOOK 31757 RAGE 3501 Subject property is commercial property and is not the homestead of any of the Grantors who all reside together with their families at other locations. Together with all the tenements, hereditwnents and appurtenances thereto belonging or in anywise appertaift. To Have and to Hold* the same in fec simple forever. And the grantor hereby Covenants with said grantee that the grantor is lawfully seized of said land in fee simple; that the grantor bw good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoevcr; and that said land is fide of all encumbrances, except takes accruing subsequent to December 31, 2019. *"Grantor" and "Grantec" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hemunto set grantor's hand and seal the day and year first written above. Sign ed and delivered in our presence: Prired Rosalind S. Zacks, Individually ##2 And as Trustee P t Name: 44e � STA IM OF FLORIDA) COUNTY OF MlAM-DADS) T14E FOREGO NG INSTRUMENT was acknowledged before this 3 day y of December, 2019, by Rosalind S. Zacks, Individually and as Trus , who i ersona ly known to me or who � ] produced as identi t.on. "W; r Notary Public ��t``��♦�` �:`':�': fi �`'�y�� State of Florida My Commission Expires. f�f' — 2 — �I��/13 ict :1:''tlti 19 CFN: 20200008679 BOOK 31757 PAGE 3502 2 ��. �. �,-- �) Am & U&M Individually And as ' STATE OF COLORADO) COUNTY OF EAGLE) FOREGOING INb'T1 LgvM,4T was ad mowlcd�ed before melhis 2_ d of 019, by Ann S. Lich, Individually and � pC 0 as*r v knom to me or whin produced ,[�t7 Des as I Pub Ur Sisre ai+Cctocadn i Cemmksioo Fires: MA'i eWT>:THMMT NOTARY PUBLIC STATECF 00WRADO NOTARY 10 20ISM867 My OWM CN EXPIRES JANUAFtY 17.2= MLM 20 CFN: 20200006679 BOOK 31757 PAGE 3503 6w4 #Ite e: ri Prin Gr" �7 v STATE OF FLORIDA) COUNTY OF DUVAL ) Z ::' Flrficha 1. SPor.ndividually And as Trustee T 0 FOREGOING NSTRLJNfCN*r %,.0 atkrm ledged before nee this _L?.. day of December, 2019, by ?Xtduel J. Spector, Individually and as T rue m who is [jj1Sanally kttnwd to me or who prod ctced s idcnlf 5V'� otary Public State of Florida p .LllFRJ NCO My Cotivnimion Expires: ='Y.'- W-fto W%tM t waryr 18, 2= Od U t w i t -4- 21 CFN: 20200008679 BOOK 31757 PAGE 3504 Gt� ector, Bayard Individually � p ual ]y And as Trustee STATE OF FLORIDA) COUNTY OF WA.W MADE) p E FOREGOING INSTRUl CEW was acknowledged before me this /,? day of 2019, by Bayard W. Spector, Indjuidly and as Tg�r,%who, is personally known to me or wh produced as tio n. NotaAffublie State of Florida My Commission Expires: 22 Ordinance No. 41-19-2354 An Ordinance amending the Land Development Code, Article II, Section 20-2.3 "Definitions", Article III, Section 20-3.3(D) "Permitted Use Schedule" and Section 20-3.4 "Special Use Conditions", Article VII, Section 20-7.12(A) "Permitted and Special Uses and Parking Requirements" and Section 20-7.51 "Special Exception" concerning Medical Marijuana and Pharmacy, Drug and Sundry store uses. WHEREAS, the City of South Miami regulates development within its boundaries through its Land Development Code; and WHEREAS, the State of Florida has enacted legislation providing for the growing, processing, and distributing of specific forms of low-THC cannabis to qualified patients and their Iegal representatives for the treatment of listed medical conditions, which is codified as Section 381.986, Florida Statutes; and WHEREAS, the State has also passed a Constitutional amendment to expand the use of medical marijuana for persons suffering from certain debilitating conditions, see Fla. Const. Article X, Sec. 29; and WHEREAS, the State of Florida enacted additional legislation in 2017 to clarify regulations related to Medical Marijuana Treatment Centers and to persons such as physicians and caregivers authorized to perform certain tasks related to medical marijuana care. See Section 381.986; and WHEREAS, the 2017 legislation requires that Medical Marijuana Treatment Centers and Pharmacies be treated similarly with regard to restrictions on their location, unless the location restriction was enacted by ordinance prior to the 2017 amendment to Section 381.986; and WHEREAS, the activities allowed by said legislation remain illegal under federal law; and WHEREAS, the City Commission has determined that it is in the best interests of the residents and general public for the City to regulate the location of medical marijuana centers; and desires to adopt this Ordinance to accomplish the above objectives and to allow Medical Marijuana Centers in the same Districts as pharmacies; and WHEREAS, the City Commission recognizes that State law requires that Medical Marijuana Center dispensing facilities be regulated as to location in the same mariner as pharmacies; and WHEREAS, the City Commission has the responsibility and authority to determine what uses are best suited to particular zoning categories within the City; and WHEREAS, on October 8, 2019, the Planning Board held a public hearing on the Page 1 of 9 23 Ordinance No. 41-19-2354 ordinance and made a recommendation of approval by a vote of four (4) ayes to two (2) nays. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. South Miami Land Development Code Article II, Definitions, Section 20- 2.3, "Definitions" is hereby amended to read as follows: Medical maryuana (also known as medical cannabis). Shall mean all parts of any plant of the genus cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant or its seeds or resin that is dispensed only from a dispensing organization for medical use by an eligible patient (as defined by the state) and as the term "medical cannabis" is defined by Florida Statute. The term "cannabis" does not include hemp as defined in s. 581.217, or as amended, or industrial hemp as defined in s. 1004.4473, or as amended, and it does not include a drug product described in s. 893.03(5)(d), or as amended. Medical marijuana center (MMC). Shall mean either a medical marijuana retail center or a medical marijuana processing center as defined herein. Medical marftana retail center (MMRC). Shall mean a retail establishment, licensed by the Florida Department of Health as a "dispensing organization," "dispensing organization facility" or similar use, that sells and dispenses medical marijuana, but does not engage in any other activity related to preparation, wholesale storage, distribution, transfer, cultivation, product development, or processing of any form of medical marijuana or medical marijuana product, and does not allow on -site consumption of medical marijuana. as supplies, > Section 2. South Miami Land Development Code Article III, "Zoning Regulations", Section 20-3.3(D), "Permitted Use Schedule" is hereby amended to read as follows: PERMITTED USE SCHEDULE Page 2 of 9 24 Ordinance No. 41-19-2354 P - PERMITTED BY RIGHT S - PERMITTED AS SPECIAL USE COND - SPECIAL USE CONDITIONS (See Section 20-3.4) PARK- PARKING REQUIREMENTS (See Section 204.4(B)) X - NO CONDITIONS WERE ADOPTED ZONING DISTRICT T T T T T O O C P USE TYPE R L M N S G M U D D D D D D P P D O O O R R R A D D H I R S N R H M M D K U U 161 R 4 5 I RETAIL AND WHOLESALE TRADE Drug, Phumey or Sundry Store Not S S IPIPIPIP PIP P 16 11 selling, prescription drugs Drug. Pharmacy or Sundry Stores selling S S S S S S S S S S 24 9 prescription drugs and Medical Marijuana Retail Center teF g 24 9 * * Section 3. South Miami Land Development Code Article III, "Zoning Regulations", Section 20-3.4 "Special use conditions" is hereby amended to read as follows: (24) MEDICAL MARIJUANA RETAIL CENTER (MMRC) AND DRUG, PHARMACY OR SUNDRY STORES SELLING PRESCRIPTION DRUGS. The following requirements shall be applicable to all Medical Marijuana Retail Centers MMRC _ and Drug, Pharmacy or Sundry Stores selling prescription drugs (Pharmacies) allowed as a special user All distances shall be measured by drawing a straight line between the closest point of a building housing the MMRC or Pharmacy to the closest property line of the RS PaEe 3 of 9 25 Ordinance No. 41-19-2354 zoning district, school day care facility_park, or another business with the same use that is controlled by this Subsection 6. e. another MMRC or Pharmacy). (a) Location requirements. A MMRC shall not be located: Within 300 feet of any RS zoning district; ii. Within 1,000 feet of another MMRC, whether it is located in the City or in another jurisdiction; and or iii. Within 500 feet of a child day care facility, an elementary, middle or secondary school or within 500 feet of a county or municipal park located within the Commercial Core, n ra e4 r MMir seean,t nnro �nnili}t► nr r.nrli eheel, QQ'TG�ti fh alit), a par4e. (b) Location requirements. A Pharmacy shall not be located: i. Within 300 feet of any RS zoning district; ii Within 1,000 feet of another Pharmacy, whether it is located in the City or in_ another jurisdiction: or iii Within 500 feet of a child day care facility, an elementary, middle or secondary school or within 500 feet of a county or municipal park located within the Commercial Core. (h)(d) Hours of operation MMC and Pharmacies shall only be permitted to operate between the hours of 7:00 am. and 9:00 R.M. (e) e� Vehicular traffic. The MMC or Pharmacy shall ensure that there is no queuing of vehicles in the rights -of -way. No MMC or Pharmacy shall have a drive -through or drive-in service aisle or a walk-up service window for doing business to the outside of the space housing the MMC or Pharmacy. ()aParking. Any parking demand created by a MMC or Pharmacy shall not exceed the parking spaces located or allocated on site, as required by the City's parking regulations. An applicant shall be required to demonstrate that on -site tam vehicle circulation and parking attributable to the MMC or Pharmacy will be sufficient to accommodate traffic and parking demands generated by the MMC or Pharmacy., based upon a current traffic and parking study prepared by a certified professional. (e)(g) Requirement for indoor operation and prohibition on loitering. All MMCs and Pharmacies are prohibited from having or allowing -There shall be outdoor seating areas, outdoor queues, or outdoor customer waiting areas. All activities of the MMC or Pharmacy including sales, display, preparations and storage shall be Pale 4 of 9 26 Ordinance No. 41--1 9-2354 conducted entirely within an enclosed building. The MMC and Pharmacy shall not direct or encourage any patient or business invitee to stand, sit, gather, or loiter outside of the building where the MMC or Pharmacy operates, including in a parked car, in any parking areas, sidewalks, rights -of -way, or neighboring properties for any period of time longer than reasonably required for patients to_conduct their official business. The owner of the building housing the MMC or Pharmacy shall post conspicuous signs on all sides of the building stating that no loitering is allowed on the property. (f)MProhibition of on -site consumption of marijuana. No consumption of medical marijuana shall be allowed on the premises of any MMC or Pharmacy that engages in any of the activities of an MMC, including in the parking areas, sidewalks, or rights -of -way. (g)Q Landlord responsibilities. (i) Any landlord, leasing agent, or owner of property upon which a MMC or Pharmacy that engages in any of the activities of an MMC operates, who knows, or in the exercise of reasonable care should know, that such a businessMME is operating in violation of City Code or applicable law, including the . rules and regulations promulgated by the state department of health, must take all reasonable measures to prevent, stop, or take reasonable steps to prevent the continued illegal activity on the leased premises. (ii) Landlords who lease space to such a MMC or Pharmacy must expressly incorporate language into the lease or rental agreement stating that failure to comply with City Code is a material non - curable breach of the lease and shall constitute grounds for termination of the lease and immediate eviction by the landlord ("termination clause"). It shall be a violation of this Section for a landlord to fail to incorporate such a termination clause in the tenant's lease and/or the failure to take reasonable steps to evict a tenant when the tenant is in violation of the City Code. The landlord shall pay a fine of $500 each day that the landlord fails to take reasonable steps to evict the tenant as required by this Section. If the landlord takes reasonable steps to evict the tenant but is unable to evict due to the landlord's failure to incorporate the termination clause, the landlord shall pay a fine of $500 per day for each day that the tenant is in violation of the City Code. (h)Ulf a special use is, in the future, determined by the Director of Planning and Zoning, 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. W Any person desiring to commence the operations of a Pharmacy or MMRC (the "Applicant") may apply to the City's Planning and Zoning Department for a reservation ("Reservation"). The Planning and Zoning Department shall issue the Reservation if the proposed use meets the spacing requirements of this Section. If any other person applies for a Reservation, such Reservation shall be limited to a location that is more than 1000 feet from a proposed use for which a Reservation has been issued. A Reservation shall expire if a building Kermit is not issued within 120 days from the date that the Reservation was issued, unless the Applicant demonstrates to the Planning and Zoning Department that the Applicant Nee 5 of 9 27 Ordinance No. 41-19-2354 has been diligently engaged in the process of applying for a building permit and the Planning and Zoning_ Department extends the expiration date. However, in no event shall the Reservation be extended beyond 365 days from the date of issuance unless the City Commission extends the Reservation for good cause. In the event that the Applicant is denied an extension of time or a building permit, or denied any relief needed to obtain a building permit, and if the Applicant fails to take a timely appeal from such denial, the Reservation shall immediately expire on the date that the time for appeal expires The Applicant shall have the right to appeal the denial of an extension of time. Such an appeal must be taken within the same time, in the same manner and to the same appellate body as an appeal from a decision of the Environmental Review and Preservation Board. Section 4: South Miami I -and Development Code Article VII, "Hometown District Overlay Ordinance", Section 20-7.12 "Permitted and special uses, Special Exceptions, and parking requirements" is hereby amended to read as follows: 20-7.12 - Permitted and special uses and parking requirements. The uses below are applicable to both new and existing buildings in the Hometown District: Unless marked with an asterisk, all uses are permitted by right. USE TYPE: A. Storefront Uses * * Drinking Place Drug, Sundry Store Not selling prescription drugs * * * Pharmacies and Medical Mariivana Retail Centers*** * * * Unadjusted Parking Requirements: 1 parking space regpired per: * * * 100 SF , 300 SF 200 SF * * Uses marked with an asterisk require a special use permit with city commission approval pursuant to 20-3.3(D) and 20-3.4(B). All ether. usw aFe peffained efkight. ** plus 1 additional parking space required for every 10 units. *** Uses require a special exception permit approved by the City Commission pursuant to 20-7.51. In addition to the uses above, monumental civic building uses are encouraged in the Hometown District and in particular for certain strategically located sites. Civic building uses shall include, for example: City, county, state, or federal buildings, including library, post office, meeting hall, administrative offices, performance place, police substation, and Page 6 of 9 28 Ordinance No. 41-19-2354 similar uses. (D)—Planned Unit Developments shall not be permitted in the Hometown District. Section 5. South Miami Land Development Code Article VII, "Hometown District Overlay" is hereby amended by revising Section 20-7.51 (Special Exception) as follows: 20-7.51- Special exception. (A) The City Commission may, by special exception, waive strict compliance with the provisions of the Hometown District Overlay Ordinance [this article]. In granting a special exception, the Ceity :pommission must find by substantial competent evidence that: (1) The proposed development contributes to. promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. (2) The proposed development is compatible with the land uses and development intensities prescribed by all applicable city regulations. (3) The proposed development must possess integrity of design compatible with the design criteria established for the Hometown District and with the overall image of the City. (4) The proposed development shall be designed in a manner that provides for effective management of traffic (vehicular and pedestrian), parking, lighting, noise and waste generated by the development, and management of the impacts of the development on public facilities and services. (5) The proposed development does not expand the permitted uses within the Hometown District, except as herein provided. (6) The proposed development will not have an unfavorable effect on the economy of the City of South Miami. (7) The proposed development, when considered cumulatively with other development, both present and future, within the Hometown District, will not create excessive overcrowding or concentration of people or population. (B) The Ceity CEommission, in granting any special exception, may prescribe any reasonable conditions, restrictions, and limitations it deems necessary or desirable, in order to preserve and promote the intent of the Hometown District Overlay Ordinance. (C) Special exceptions, if granted, shall be valid only for the specific design shown in the plans and exhibits submitted as part of the special exception application, as provided in Section 20-7.52 of this Code. All deviations from the requirements of the Hometown District Overlay Ordinance incorporated within Nee 7 of 9 29 Ordinance No. 41-19-2354 and reflected on the site plan and exhibits shall be considered a part of the application. Approval of the site plan and exhibits by the Ceity gpommission shall constitute approval of the nonuse deviations identified on the site plan and exhibits unless the Ceity Ceommission approves a motion to the contrary. No further individual or separate application for deviations approved by the Ceity Ceommission shall be required. If the applicant wishes to make material changes to the design subsequent to receiving a special exception, the applicant must apply for a new special exception following the procedure set forth herein. (D) Special exceptions, if granted, shall be valid if, new construction commences within eighteen (18) months from the date of final approval and is substantially completed within two (2) years from the date of issuance of the first building permit. The time for substantial completion may be extended by the Ceity Ceommission upon application filed prior to the expiration of the substantial completion period and upon demonstration of good cause. (E) Drug, Pharmacy or Sundry Stores selling, prescription drugs (Pharmacies) and Medical Marijuana Retail Centers (MMRCs) may be permitted after public hearing by Special Exception. upon satisfaction of the following criteria: (1) The criteria in section 20-7.51(A). (2) Pharmacies and MMRC shall meet the same distance requirements that are set forth in 20-3.4 (24). other than for the distances between two of the same uses, i. e. two Pharmacies or two MMRCs. Pharmacies shall not be located_ within 500 feet of another Pharmacy, whether it is Iocated in the City or in another; urisdiction. MMRCs shall not be located within 500 feet of another MMRC whether it is located in the City or in another�urisdiction. This distance between two of the same uses shall be measured from nearest property line to nearest prop= line. (3) Hours of operation of Pharmacies and MMRCs shall be limited to any such requirements in State law. unless the Pharmacy engages in any of the activities of an MMRC in which case the hours are as set forth in Section 20- 3.4(24). (4) Pharmacies and MMRCs shall operate in accordance with all other applicable State laws. including Florida Statutes Section 381.986. as may be amended. (5) Any person desiring to commence the operations of a Pharmacy or MMRC (the "Applicant") may apply to the City's Planning and Zoning_ Department for a reservation as set forth in Section 20-3.4(24)(k) with the exception that the distance requirement between the same uses shall be 500 feet. Section 6. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final product for signature. Page 8 of 9 30 Ordinance No. 41-19-2354 Section 7. Codification. The previsions ofthis ordinance shall became and be Heide part cif the Land Development Code of the City of South i iaml as amended. Section 8. Severability. If anv section. clause. sentence. or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction. this holding shall not affect the validity o1'the remaining portions of this ordinance or the Guidelines adopted hereunder. Section 9. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordintuices in direct conflict herewith are hereby repealed. Section 10. Effective Date. This ordinance shall become effective upon enactment. PASSED AND ENACTED this 3rd day Of' December . 2019. ATTEST: APPROVED: City C, rk Mayor 151 heading — 2"a Reading = READ AND PPROVED AS O FOR_M: COMMISSION' VOTE: 5-0 LAN EGALITY D Mayor Stoddard: Yea. EICI O j THERE' ,. I t Vice Mayor Harris*. Commissioner Gil: Commissioner Welsh: Commissioner Liebman: Yea Yea Yea yea ITI" A ORNE1'�� Pace 9 of 9 31 Ordinance No. 04-20-2358 An Ordinance amending the Land Development Code, Article III, Section 20-3.4 "Special Use Conditions ", Article V, Section 20-5.9 "Variance Approvals", and Article VII, Section 20-7.51 "Special exception" concerning Medical Marijuana and Pharmacy, Drug and Sundry store uses. WHEREAS, the City of South Miami regulates development within its boundaries through its Land Development Code; and WHEREAS, the State of Florida has enacted legislation providing for the growing, processing, and distributing of specific forms of low-THC cannabis to qualified patients and their legal representatives for the treatment of listed medical conditions, which is codified as Section 381.986, Florida Statutes; and WHEREAS, the State has also passed a Constitutional amendment to expand the use of medical marijuana for persons suffering from certain debilitating conditions, see Fla. Const. Article X, Sec. 29; and WHEREAS, the State of Florida enacted additional legislation in 2017 to clarify regulations related to Medical Marijuana Treatment Centers and to persons such as physicians and caregivers authorized to perform certain tasks related to medical marijuana care. See Section 381.986; and WHEREAS, the 2017 legislation requires that Medical Marijuana Treatment Centers and Pharmacies be treated similarly with regard to restrictions on their location, unless the location restriction was enacted by ordinance prior to the 2017 amendment to Section 381.986; and WHEREAS, the activities allowed by said legislation remain illegal under federal law; and WHEREAS, the City Commission has determined that it is in the best interests of the residents and general public for the City to regulate the location of medical marijuana centers; and desires to adopt this Ordinance to accomplish the above objectives and to allow Medical Marijuana Centers in the same Districts as pharmacies; and WHEREAS, the City Commission recognizes that State law requires that Medical Marijuana Center dispensing facilities be regulated as to location in the same manner as pharmacies; and WHEREAS, the City Commission has the responsibility and authority to determine what uses are best suited to particular zoning categories within the City; and WHEREAS, on December 10, 2019, the Planning Board held a public hearing on the ordinance and voted five to one to recommend approval of the ordinance. Nee I of 4 32 Ordinance- No-.- 04-20-23-58 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The foregoing recitals are hereby ratified and incorporated by reference as if fully set forth herein and as the legislative intent of this Ordinance. Section 2. South Miami Land Development Code Article III, "Zoning Regulations", Section 20--3.4, "Special Use Conditions" is hereby amended to read as follows: (24) MEDICAL MARIJUANA RETAIL CENTER (MMRC) AND DRUG, PHARMACY OR SUNDRY STORES SELLING PRESCRIPTION DRUGS. The following requirements shall be applicable to all Medical Marijuana Retail Centers (MMRC), and Drug, Pharmacy or Sundry Stores selling prescription drugs (Pharmacies) allowed as a special use: All distances shall be measured by drawing a straight line between the closest point of a building housing the MMRC or Pharmacy to the closest property line of the RS zoning district, school, day care facility, or park, or another business with the same use that is controlled by this Section (i.e., the separation between two enetheF MMRCs or two Pharmacies). Applicants seeking reductions in the required spacing may seek relief in accordance with the standards in Section 20-5.9 (Variance Approvals). (e) Vehicular traffic. The MMRC or Pharmacy shall ensure that there is no queuing of vehicles in the rights -of -way. No MMRC or Pharmacy shall have a drive -through or drive-in service aisle or a walk-up service window for doing business to the outside of the space housing the MMRC or Pharmacy; a variance may be requested for drive - through and/or drive-in service for a Pharmacy use in accordance with the standards in Section 20-5.9 (Variance Approvals). Section 3. South Miami Land Development Code Article V, "Procedures and Applications", Section 20-5.9(D), "Variance Approvals" is hereby amended to read as follows: 20-5.9 - Variance Aepprovals. (G) Permitted Variance Requests. Applications for variances shall be restricted to enly the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls Page 2 of 4 33 0rdinance-No. 04-20-2358 (6) Impervious coverage (7) Off-street parking (8) Open space (9) Signs (10) Landscaping (11) Spacing_requirctncnts for Medical Marijuana Retail Centers. and requirements for spacing. drive-in/drive-through. and hours of operation for Pharmacies. Section 4. South Miami Land Development Code Article Vill. "Hometown District Overlay Ordinance, Section 20-7.51 "Special exception" is hereby amended to read as follows: 20-7.51 - Special exception. (A)The city commission may, by special exception, waive strict compliance with the provisions of the Hometown District Overlay Ordinance [this article). In granting a special exception, the city commission must find by substantial competent evidence that:(1)The proposed development contributes to, promotes and encourages the improvement of the Hometown District and catalyzes other development as envisioned in the Hometown District regulations. (6) Property o,%mers seeking reduction in required spacing under this subsection may seek relief in accordance with the standards in Section 20-5.9 (Variance Approvals). Section 5. Correction. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final product for signature. Section 6. Codification. The provisions of this ordinance shall become and be made part of the Land Development Code of the City of South Miami as amended. Section 7. Ordinances in Conflict. All ordinances or parts of ordinances and all sections and parts of sections of ordinances in direct conflict herewith are hereby repealed. Section 8. Severability. If any section, clause, sentence, or phrase of this ordinance is for anv reason held invalid or unconstitutional by a court of competent jurisdiction, this holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. Section 9. Effective Date. This ordinance shall become effective upon enactment. Pat-,e 3 of 4 34 Ordinance N0:04=2D=2353 PASSED AND ENACTED this 21" day of .Ianua �, 2020. ATTEST: 4JI alpt.." CIT'� I" Reading — 1/7/2020 2,,d Reading—1/21/2020 READ AND ARPR VED A LANGUAG , LE ALITY., EXECL 1 EREO - i O FNI-014AMM APPROVED: MAYOR FORM: COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Gil: Commissioner Welsh: Commissioner Liebman: 5-0 Yea Yea Yea Yea Yea Pzit,e a of 4 35 April 17, 2020 Mr. Marcus Lightfoot City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Affidavit for Validity of Mailing List for 6420 SW 62nd Avenue Variance and Special Use including adjoining lot Folios 09-4025-012-0370 and 09-4025-012-0350 This Affidavit confirms the attached Mailing Labels contain the names and addresses of all property owners of record as listed in the Miami -Dade County Property Appraiser's updated tax roll within a 500 ft. radius of the property's stated above. Attachments: Location Map & Mailing Labels Si Ms. is E. Martinez 1407 Tu is Street Coral Gables, FL 33134 305-665-4411 sonia@marcodrugs.com trn a 0 scribed before me this r7 dayof 2020. ter Uzi FRANK PAQRON Coma m S GG 853W EWM otary ub ic,Mar24 State of Florida at Large �'�Feio��c ftWy My Commission expires 1 " "'X � 16 . 20 L' . 36 14 t04 --R -T - - - - - - - - - - T62.40 TER E) ER :j SW 63RO ST SW 63RE Is g SIN 6 RC- ER SW 6390 1 CGr ------- -------- SR sw a T A 6 am OM 04 10 1 am ap CK csm No am PI WV WX of MW i so Ff—" OT ft� w UD i as 1 NO - MW -Ii� le w all "M 04 an MW UM M, an all 411, GTG VC mi. ml ITZ use ml SW 60TH ST RS-3 OW OP ssm u's 09' Map Source: City of South Miami Zoning 6 IL jj PI1. .4eWx4.1 38 March 17, 2020 Mr. Marcus Lightfoot City of South Miami 6130 Sunset Drive South Miami, FL 33143 Re: Affidavit for Notice of Mailing to adjacent property owners for 6420 SW 62n4 Avenue Variance and Special Use including adjoining lot Folios 09-4025-012-0370 and 09-4025-012-0350 This Affidavit confirms the attached Notice was mailed to the property owners listed within 500' of 6420 SW 621 Avenue and the adjoining lot, and abutting owners were provided the Notice by Certified Mail. Certified Mail receipts attached. Since Ms 3.oni E. Martinez 14 Tunis Street Coral Gables, FL 33134 305-665-4411 sonia@marcodruas.com before me this 0 day of 1%�rt � 2020. FRANK PADRON t Commission 6 GG 95M r��P` Expires Match 16.2024 F Florida at Large oF�� W*d ftW&4gdHCMqsad= My Commission expires X I b , 20�Lj. 39 March 18 2020 APP bk i Dear Property Owner: SOMI 62nd Group, LLC, the owners of Marco Drugs & Compounding, purchased Joe's market, an existing commercial building, at 6420 S.W. 62"dAvenue and the adjacent lot on December 18, 2019 to relocate and expand their existing compounding pharmacy from 6627 S. Dixie Highway. The Family owned pharmacy has served South Miami since the early 1980's and continues to provide the newest technology, latest medical knowledge and highest quality pharmaceuticals. The immediate construction improvements for the existing 2,154 square foot commercial building include exterior and interior renovations, increased parking spaces, drainage, landscaping, signage and a drive -through window. In December 2019 and January 2020, the Cary adopted new Land Development Code changes which added additional conditions onto Pharmacy users. Therefore, the proposed Site Plan requires a Special Use Approval for the Pharmacy use per Section 20-3.4(24), with Variances to Section 20-3.4 (24)(b)(i) to operate within 300 feet of RS Zoning district; Section 20- 3.4(24)(b)(iii) to operate within 500 feet of school; and Section 20-3.4(24)(e) Vehicular traffic for Drive -through service for the Pharmacy. In addition, pursuant to Section 20-5.16, we have requested approval for a Unity of Tide to Incorporate both properties under Folio Numbers 09- 4025-012-0350 & 09-4025-012-0370. Pursuant to Section 20-3.4(24)(k) we would request a Reservation of Pharmacy use within 1,000 feet. The proposed Site Plan meets or exceeds all remaining land development code requirements including setbacks, open space and landscape requirements. This Project is to be completed in two phases. Phase I constitutes all site modifications, paving, drainage, parking, landscaping, exterior painting and all interior modifications. Phase H constituted remaining exterior facade enhancements. If you have any questions, please do not hesitate to contact Ivette Suarez at 305-665-4411. Sincerely, Soni ine, SOMI 62nd Group, LLC Mar Dru s & Compounding 6627 Dixie Highway South iami, FL 33134 Phone: 305-665-4411 41 fill I III III , I f �4I If z it u Ica 4a ;.,.�.:.�� ..� h •.. - ` s. W, 6 2 nci A V E N U E re ? uu�iO"vr uw SITE MODIFICATIONS & INTERIOR ?LTERATMIONS FOR: MARCO DRUGS & COkt=TDG I ,; 6420 S.W. 62M AVENUE F SDUTM M6W. FLORIDA 33143 i l �+id 42 CITY OF SOUTH MIAMI, FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE PLANNING BOARD In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, and Executive Order Number 20-69, the City will be holding its Planning Board Meeting VIRTUALLY. The meeting is scheduled to begin on Tuesday, June 9, 2020 at 7:00 p.m. to consider the following public hearing items: 1. P B-20-011 Applicant: SOMI 62"d Group, LLC A Resolution relating to a Variance application to reduce the RS zoning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. 2. P B-20-012 Applicant: SOMI 62"d Group, LLC A Resolution relating to a Variance application to reduce the elementary, middle or secondary school spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. 3. PB-20-013 Applicant: SOMI 62"d Group, LLC A Resolution relating to a Variance application to allow a drive-in/drive-through for a Pharmacy located at 6420 SW 62 Avenue. 4. PB-20-014 Applicant: SOMI 62"d Group, LLC A Resolution relating to a Special Use application to permit a Pharmacy at 6420 SW 62 Avenue. 43 All Board members, if the Governor's Executive Order (EO) 20-69 is extended, otherwise all but four, as well as City staff will participate by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom.us/i/3056636338) and participate. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/Public-Meetings-Notices. Anyone who wishes to review the pending application and supporting documentation in person must make an appointment by calling 305-663-6327 or 305-663-6331. Please note that Governor DeSantis' Executive Order Number 20-69 suspended the requirements of section 166.045, Fla. Stat., that a quorum to be present in person, and that a local government body meet at a specific public place. The Executive Order also allows local government bodies to utilize communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies. Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business days' before the meeting deliver your request to the City Clerk by telephone: 305- 722-8686 (voice) or 305-442-1600 (TTY/TDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl-gov. ' Not counting the day of the meeting. 44 MIAMI DAILY BUSINESS REVIEW Pubfshed Daisy except Satwaay. Sunday and Legal holidays Miami Wani•Dada County. Flnrida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida: that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI - VIRTUAL MEETING OF THE PLANNING BOARD - JUN. 9, 2020 � in the XXXX Court E tymrj A 0 6 �Q•p� AC H E D was published In said newspaper to the Issues of 05/29/2020 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami. In said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published In said Miami -Dade County, Florida each day (except Saturday. Sunday and Legal Horrdays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dada County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afffant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication In the said newspaper. Swor to and subscribed before me this 29 aml: r, A .1020 (SEAL) GUILLERMO GARCIA personally known to me • �Zs.. .. �..— � ='ter=+�S��...:.K. ! i � -�ti-� '_ - -. .. !, CHI 1STINi1 IYNWRAVIX Cefnmissian 0 GG, 277771 45 (2) C_'M' OF SOUTH MIAMI, FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE PLANNING BOARD In accordance with City of South Miami Code, Chapter H6.011. Fla. Stat, and Executive Order Number 20-69, the City will be holding its Planning Board Meeting VIRTUALLY. The meeting is scheduled to begin onjuesday, June 9, 2020 at 7:00-p.m_ to eoasider the following public hearing dents: 1. PB-20-011 Applicant: SOMI 62nd Group, LLC A Resolution relating to a Variance application to reduce the RS zoning district spacing requirement for a Pharmacy located at 6420 SW 62Avenuc. 2. PB-20-0f2 Applicant SOMI 62nd Group, LLC A Resolution relating to aVariance application to reduce the elementary, middle or secondary school spacing requirement for a Pharmacy located at 6420 SW 62l venue. 3. PB-20-013 Applicant: SOMI 62nd Group, LLC A Resolution relating to a Variance application to allow a drive-imtdrva-through for a Pharmacy located at 6420 S W 62 Avenue. 4. PB-20-014 Applicant SOMI 62nd Group, LLC A Resolution relating to a Special Use application to permit a Pharmacy at 6420 SW 62 Avenue. q3 C14 4 SOLA %1 ram/ All Board members, if the Covemor's Executive Order (EO) 20-69 is extended, ollmrwiss all but fair, as well as City staff will participate by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at !LtD J/zoom.usfi/3056635;38) and participate. If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available Including a dedicated phone fine to listen and participate in the meeting and limited public attendance, all of which Is set forth in the meeting notice posted at City Hall and at htlpl/vrvrr, southmiamlll,gov/580/Public.-Meetings-No!iccs. Ntyonc who wishes 'to 5-EG.v the pestling application and supporting d6331. ocumentation In person must make ail appointment by calling to tevi w the a ding a 3 application Please note (hat Governor DeSantis' Executive Order Number 20.69 suspended 010 requirements of Sectii, 166.045, Fla. Stale that a quorum to be present in person, and that a local government body meet at a specific public :place. The Executive Order also allows local government bodies to utilize Communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local government bodies. Note that 'pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Aor Commission with respect to any matter considered at its gency meeting or hearing, a record of the pra-eaofigs will be required for said appeal and such person will be required to have a Verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based ADA: To request a modification to a policy, Practice or pmczdure or to request an'aux Fwy aide or service in order 10 participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business dayst before the mee0ng deliver your request to the' City Clerk by telephone: 395- 722-8686 (voice) or 305-442-1600 Gilt! OD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayneEsoulhmiamifl.gov. 5/29 20-59/00D0471784M 3�3 47 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Tuesday, June 9, 2020 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.eov). Call to Order Action: Ms. Ruiz called the meeting to order at 7:00 P.M. II. Roll Call Board Members Present Constituting a Quorum: Ms. Mary Ann Ruiz (Chairperson), Mr. Jay Miller (Vice -Chairperson), Mr. Lee Jacobs, Mr. Orlando Borges, Mr. Brian Corey, Mr. Bruce Baldwin and Ms. Lisa Bonich. Board Members Absent: None 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 While there were no administrative matters, Ms. Ruiz provided the Board with information needed to properly conduct the virtual meeting. Cf] IV. Public Hearings: Because all of the items were connected to a singular project, the Chairperson read all of the items into the record. 1. PB-20-011 Applicant: SOMI 62"d Group, LLC A Resolution relating to a Variance application to reduce the RS zoning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. Applicant: SOMI 62"d Group, LLC, represented by Ms. Sonia Martinez (Owner), Ivette Suarez (Owner), Ms. Brenda Yates (Planning Consultant) and Mr. William Delamorena (Architect) . Ms. Ruiz read PB-20-011 into the record. 2. PB-20-012 Applicant: SOMI 62"d Group, LLC A Resolution relating to a Variance application to reduce the elementary, middle or secondary school spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. Applicant: SOMI 62"d Group, LLC, represented by Ms. Sonia Martinez (Owner), Ivette Suarez (Owner), Ms. Brenda Yates (Planning Consultant) and Mr. William Delamorena (Architect) . Ms. Ruiz read PB-20-012 into the record. 3. PB-20-013 Applicant: SOMI 62"d Group, LLC A Resolution relating to a Variance application to allow a drive-in/drive-through for a Pharmacy located at 6420 SW 62 Avenue. Applicant: SOMI 62"d Group, LLC, represented by Ms. Sonia Martinez (Owner), Ivette Suarez (Owner), Ms. Brenda Yates (Planning Consultant) and Mr. William Delamorena (Architect) . Ms. Ruiz read PB-20-013 into the record. 4. PB-20-014 Applicant: SOMI 62`°d Group, LLC A Resolution relating to a Special Use application to permit a Pharmacy at 6420 SW 62 Avenue. Applicant: SOMI 62"d Group, LLC, represented by Ms. Sonia Martinez (Owner), Ivette Suarez (Owner), Ms. Brenda Yates (Planning Consultant) and Mr. William Delamorena (Architect) . Ms. Ruiz read PB-20-014 into the record. Ms. Ruiz asked Ms. Tompkins who will be presenting the presentation to the Board, to which Ms. Tompkins stated that Mr. Lightfoot will be presenting the items. Ms. Ruiz then swore in Mr. Lightfoot. 49 Mr. Lightfoot presented all four (4) of the item requests to the Board. Ms. Ruiz then accepted the report presented by Mr. Lightfoot, allowing it to be entered into evidence. Ms. Ruiz swore in the following applicant representatives: • Ms. Brenda Yates • Sonia Martinez • Ivette Suarez • Mr. William Delamorena Ms. Yates presented all four (4) item requests to the Board on behalf of the applicant. The Chairperson opened the floor to public comments on P13-20-011, PB-20-012, P13-20-013, and P13-20-014. The Chairperson then swore in the following individuals who spoke during the public comments section of the meeting. • Holly Zickler: Ms. Zickler stated that she doesn't have an issue with the pharmacy but has an issue with the drive-thru lane. Ms. Ruiz provided an opportunity for the applicant to rebut the statements made by Ms. Zickler, to which Ms. Yates stated that 30% of the business comes from South Miami. Also, the Drive-thru only enters and leaves from SW 62"d Avenue with employ parking facing SW 62"d Avenue. The applicant then held brief discussion with Ms. Zickler. • Jillian Mehler: Ms. Mehler stated that she lives directly behind the subject property. She also stated that she is concerned about the noise and traffic that the proposed business will generate. She then asked if a wall could be made that would lower the noise and lights that would be generated by the business. MS. Mehler then stated that if the alley was abandoned, it could aid in providing a buffer for the business. Ms. Ruiz provided an opportunity for the applicant to rebut the statements made by Ms. Mehler, to which Ms. Yates stated that they were proposing landscape material along the perimeter of the property. Ms. Yates then stated that if the neighborhood wanted something a little sturdier, the height of the landscaping could be increased, or some type of fencing or concrete barrier could be installed. Mr. Pepe announced that there was no one physically in the City Commission Chambers for the public comment portion of the hearing. • Jorge Milian: Mr. Milian is concerned about the noise and lights that will be generated by patrons of the business. He also stated that the physical barrier won't work 50 unless it is the highest that the City will allow. Mr. Milian then stated that the alley should be abandoned. Ms. Ruiz provided an opportunity for the applicant to rebut the statements made by Mr. Milian, which the applicant did not take. • Christopher Cooke -Yarborough: Mr. Cooke -Yarborough stated that he was concerned about the drive thru and the adjacent parking area. He stated that the configuration could be a problem for people that are parked in the spaces near the drive thru. He then stated that he is concerned about the exhaust generated by cars in the drive thru will be an issue. Ms. Ruiz provided an opportunity for the applicant to rebut the statements made by Ms. Milian, to which the applicant stated that they will wait until the end. The Chairperson opened the floor to public comments on PB-20-011, PB-20-012, PB-20-013, and PB-20-014 Ms. Yates completed her presentation to the Board. Ms. Ruiz opened the floor to questions for either the applicant or staff. Ms. Bonich asked if the approval of the variance will create a precedence going forward. Mr. Pepe responded that because each property is unique, approval of the variance would not create a precedence. Ms. Bonich asked if the City has protocols in place for the physical barrier, to which Mr. Lightfoot stated that he could not recall an instance where the City required that a physical barrier be installed on a non-residential property. He then gave the Board the City's regulations for physical barriers on nonresidential properties. He also stated that materials and styles of the physical barrier would be subject to the City's Environmental Review & Preservation Board (ERPB) who would review the design of the barrier as well as the exterior renovation of the site. Ms. Bonich asked if the City knew of any other drive -through aisles in the immediate vicinity. Mr. Lightfoot responded that there were no other drive -through aisles in the area. Mr. Jacobs asked when the property was purchased. Ms. Suarez responded that the closing date for the property was December 18, 2019. They put an offer on the property in June 2019. Mr. Jacobs then asked where the business is currently located. Ms. Suarez responded that the business is currently located in the shopping plaza at the corner of US-1 and SW 67th Avenue. Mr. Jacobs asked if there was a drive -through at the current site, to which Ms. Martinez said no. Mr. Jacobs stated that both the residential and commercial parties are interested in absorbing the alley and making use of that as a buffer. He then asked if there was a possibility of that happening. Mr. Pepe responded that someone would have to file a separate application requesting that the alley be abandoned which would be a decision for the City Commission to make. Mr. Jacobs asked if the alley was being used for trash pickup, to which both staff and the City Attorney could not answer. 4 51 Mr. Corey asked if Staff deny the variance for the drive -through for the same reason the residents did in that it was too close to the residential zoning district. Mr. Lightfoot responded that the variance was denied because staff determined that the request was a self-imposed hardship. Additionally, it was denied for its close proximity to the adjacent residential properties. Mr. Corey asked if this application is approved, can this business or any future business would be allowed to sell medical marijuana. Mr. Lightfoot stated that the ordinance states that a medical marijuana retail centers cannot have a drive -through. Mr. Corey then asked if the drive -through isn't approved could the medical marijuana retail center be allowed to open there. Mr. Lightfoot then deferred to the City Attorney on a response to the question. Mr. Pepe stated that the state statute prevents the City from putting up any roadblocks against a medical marijuana retail center (MMRC) that aren't there for a pharmacy. If the City approves a variance for a pharmacy and the conditions were the same, then a MMRC would get the benefit of it as well. Once the variance is given, whoever buys the property would be able to use the property in a way that is similar to the pharmacy. Ms. Tompkins then added that as long as the Business Tax Receipt remained in effect and didn't lapse, a new owner would be allowed to come in and sell medical marijuana. Ms. Ruiz then asked if that MMRC could have the drive -through that was previous approved for the pharmacy, to which Mr. Pepe stated no. The MMRC wouldn't be allowed to use it. Mr. Borges stated that he did not have any questions for the applicant and thanked the applicant for investing in the City. Mr. Miller stated that he did not have any questions for the applicant. He then commented that Larkin Hospital and the JRE Lee school both have drive -through lanes along the SW 6211d Avenue corridor. If the question is relative to traffic being caused by drive -through lanes along the SW 62"d Avenue corridor then there would be some precedence. Ms. Ruiz thanked the applicant for investing in the City. She then asked if drive-throughs were allowed by right before the Land Development Code (LDC) was changed. Mr. Lightfoot stated that he would need to search the LDC. Mr. Lightfoot then stated that even though pharmacies were previously permitted by right, drive-throughs were typically approved by the City Commission. Ms. Ruiz then asked Ms. Tompkins the same question, to which Ms. Tompkins stated that she would need to check the LDC as well. Ms. Ruiz asked the applicant if they would oppose installing a physical barrier along the property. Ms. Yates responded that they were originally proposing landscaping along the rear of the property but had no objection to proposing a physical barrier as well. Ms. Ruiz then asked if there was room to place a wall and shrubs at the rear of the property, to which Ms. Yates stated that they were proposing to install a five (5) landscape buffer along the perimeter of the property and installing the wall would be tight but it could be possible. Ms. Ruiz asked staff if they were able to locate any language on the drive-throughs, to which Ms. Tompkins responded that she could not find any language in the LDC as they existed prior to the change. Ms. Ruiz then asked if the drive -through would be allowed since there isn't any language in the LDC regulating it. Mr. Pepe stated that the LDC takes the stance that if it isn't listed in the LDC, then it isn't permitted. Ms. Ruiz opened the floor to discussion of the items by the Board. 52 Mr. Borges recommended that the Board approve all of the items before them. Ms. Bonich stated that the City should give the applicant the same opportunity that was available to them prior to the LDC change. She also stated that the City should also listen to the concerns of the residents who will be affected by the business. Seeing as it appears that the applicant is willing to accommodate the residents' request and install a wall, she doesn't see a reason why they shouldn't have the drive -through lane. Having the drive -through will only aid those patrons who are too ill to physically go inside the pharmacy. Mr. Miller stated that he was pleased that the variance item was not precedence setting. Mr. Miller stated that with the applicant's statement that they will install the barrier, he's supportive of the items. He also stated that the alley should be a separate topic so that it doesn't hold up the applicant's items. Ms. Ruiz stated that because of everything happening in the world, she understands the comments made by the residents who are directly behind the business. She also stated that she understands the applicant and the fact that they've gone through a hardship. She also stated that the Board can broker a deal between the applicant and the residents for the installation of the wall which would lower the noise of the vehicles in the drive -through. Lighting would still be an issue but a combination of the hours of operation and the wall could reduce the exposure of the lights. She then stated that she would recommend that there be landscaping inside the property adjacent to the cement wall. Last, she agreed that the alley would provide an additional opportunity for the residents to obtain a buffer between them and the commercial properties but should be a separate item. Mr. Corey stated that he didn't know if there was a way that the Board can specify that the wall be made of concrete. He also stated that even though it isn't the plan, he is concerned that the Board may approve an item that would allow medical marijuana to be sold near a school and residential properties. It would make him more comfortable if the Board could determine a way to approve the item without allowing the sale of medical marijuana. Ms. Ruiz asked if the variance for the drive -through is granted, would it be tied to either the project or the property. Mr. Lightfoot responded that the variance would be tied to the property. Ms. Ruiz then asked if the variance is tied to the property and a MMRC occupies the space, would they be allowed to use the drive -through. Mr. Lightfoot stated no, an MMRC would not be allowed to use the space because by code, they aren't allowed to have a drive -through. Mr. Pepe added that the MMRC is not allowed to have a drive -through. It doesn't prevent them from being in the same location as the pharmacy. Their ability to use the property is restricted by the LDC. Ms. Ruiz then asked if the drive -through is there physically, a MMRC would not be allowed to use it, to which Mr. Pepe stated yes. Ms. Tompkins added that the MMRC would still need to come to the City to obtain the necessary licenses. At that time, Staff would recognize the restriction and inform them that the window would need to be rendered inoperable. Mr. Jacobs stated that if they're interested, both parties should work with the Commission and see if the alley can be abandoned. Ms. Bonich stated that if the business were a MMRC, then they wouldn't be allowed to have a drive -through. She then asked if the City were to approve the proposed pharmacy and a MMRC later occupies the building, would it be allowed. Mr. Pepe responded yes, the MMRC would be 53 allowed to occupy the building as long as the previous pharmacy use is not abandoned for a period of time. Mr. Pepe then added that the City cannot put up barriers in terms of location of a MMRC that it doesn't also put up against the operation of a pharmacy. If a pharmacy is permitted to operate within a certain distance from a school, then an MMRC would be allowed to operate there as well. Notwithstanding anything else, the state statute states that an MMRC cannot operate any closer than a certain distance from schools which is 500 feet. Ms. Bonich then stated that because of its close proximity to a school, a MMRC would not be allowed to operate at the subject location, to which Mr. Pepe state yes. Ms. Bonich asked if the residential properties were similarly protected, to which Mr. Pepe state no. The state statute does not have a distance limitation for residential zoning districts. Because of that, the City would be required to allow MMRC's and pharmacies to apply for variances for distance from residential zoning districts. Ms. Tompkins gave a brief background on the review and adoption of the City's medical marijuana ordinance. Ms. Ruiz asked if JRE Lee is a school. Mr. Pepe stated that it was his understanding that JRE Lee was a school. Mr. Jacobs added that because the building needed renovations, the site was currently being used for administrative offices. Mr. Miller asked if the items will be voted on together or as separate items, to which Ms. Ruiz stated that the Board will vote on the items separately. The Board concluded their discussion on the four (4) items and made an individual motion on each of the items. The Board then voted on each of the four (4) items individually. Motion: Mr. Borges moved to approve PB-20-011 as presented. Mr. Miller seconded the motion. Vote: Yes 7. No 0 (None) Mr. Borges: Yes Mr. Miller: Yes Ms. Bonich: Yes Mr. Jacobs: Yes Mr. Baldwin: Yes Mr. Corey: Yes Ms. Ruiz: Yes The motion to approve PB-20-011 was unanimously approved by the Board. Motion: Mr. Borges moved to approve PB-20-012 as presented. Mr. Jacobs seconded the motion. Ms. Ruiz stated that she would like to add staffs conditions to the approval, to which Mr. Pepe stated that because there is a motion and second on the floor, the condition could not be added unless the second was rescinded. The Board then decided to vote on the item. Vote: Yes 6. No I (Ruiz) Mr. Borges: Yes Mr. Miller: Yes 7 54 Mr. Jacobs: Yes Mr. Baldwin: Yes Mr. Corey: Yes Ms. Bonich: Yes Ms. Ruiz: No The motion to approve PB-20-012 was approved by the Board. Mr. Pepe stated that the prevailing side could reopen the item so that the conditions could be placed on the item. Ms. Ruiz requested that staffs conditions be added to the item. Mr. Lightfoot then informed the Board that the conditions listed by staff were standard conditions required by the City's Land Development Code. There were no special conditions for the item. Because of that, Ms. Ruiz rescinded her request to add conditions and requested to change her vote on the original motion to a "yes" vote. Vote: Yes 7. No 0 (None) Mr. Borges: Yes Mr. Miller: Yes Mr. Jacobs: Yes Mr. Baldwin: Yes Mr. Corey: Yes Ms. Bonich: Yes Ms. Ruiz: Yes The motion to approve PB-20-012 was unanimously approved by the Board. Ms. Ruiz asked if there were conditions placed on PB-20-013 and PB-20-014, to which Mr. Lightfoot stated that conditions were placed on PB-20-014 only. Because he was recommending denial of PB-20-013, he did not place any conditions on the item. Motion: Ms. Ruiz moved to approve PB-20-013 with the following conditions that the applicant build a cement wall to the maximum height permitted, with hedges on their property. Mr. Borges seconded the motion. The board began voting on the motion when Ms. Bonich suggested that wording be added to the motion. Because of that, the motion was amended as follows and voted on: Motion: Ms. Ruiz moved to approve PB-20-013 with the condition that the applicant build a maximum height cement wall permitted by code, with hedges lining the interior of their property. Mr. Borges seconded the motion. Vote: Yes 6. No 1(Jacobs) Ms. Ruiz: Yes Mr. Borges: Yes Mr. Miller: Yes Ms. Bonich: Yes Mr. Jacobs: No Mr. Baldwin: Yes s 55 Mr. Corey: Yes The motion to amend PB-20-013 was approved by the Board. The Board then voted on the item as amended. Motion: Ms. Ruiz moved to approve PB-20-013 as amended. Mr. Borges seconded the motion. Vote: Yes 6. No 1(Jacobs) Ms. Ruiz: Yes Mr. Borges: Yes Mr. Miller: Yes Ms. Bonich: Yes Mr. Jacobs: No Mr. Baldwin: Yes Mr. Corey: Yes The motion to approve PB-20-013 as amended was approved by the Board. Motion: Mr. Borges moved to approve PB-20-014 with as presented. Mr. Miller seconded the motion. Vote: Yes 7. No 0 (None) Ms. Ruiz: Yes Mr. Borges: Yes Mr. Miller: Yes Ms. Bonich: Yes Mr. Jacobs: Yes Mr. Baldwin: Yes Mr. Corey: Yes The motion to approve PB-20-014 was unanimously approved by the Board. 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 There were no Public Comments. The Chairperson opened the floor for public comments and any new business. VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of May 12, 2020: 9 Mr. Borges moved to approve the meeting minutes with corrections. The motion was seconded by Mr. Miller. Vote: Yes 7, No 0 (None) Ms. Ruiz: Yes Mr. Borges: Yes Mr. Miller: Yes Ms. Bonich: Yes Mr. Jacobs: Yes Mr. Baldwin: Yes Mr. Corey: Yes The motion to approve the meeting minutes was unanimously approved by the Board. VII. Future Meeting Date: July 14, 2020 VIII. Adjournment The meeting was adjourned at 9:30 P.M. to 57 LOCATI ON MAP N.Ls +gtiwtirnsl�FFr g.: I� 4 L se 0 1 Z j N y Y 4 0 IEGAEGFswmrox 'Im, Pas dome" Rbha, COfD9lUMT t book at,at PW aawEby W tMsk,mcUOs0 atrttv Disks WisatRwk. at gage 3R. oI tM1! publk rtmret o1 M4mLGsa! fnonry, Florida.tl S°RVEYIO: .S .3631JGGRGV9.LLF SNFVFroR"'mbea: L tort mry re aaanMvl rnlnatbns me art wl Nwm on Nb wrvometrra1 ksrwm. NrnndoartmNd etlNb make F. r,amwrbn m ,xerta Of mk wan hard m be mae. m Thus orinerewNee on" nhe a eft ., e4p prMem. 3. lob «tlXlotlon b onN for he NMi as ae Or II h rrot a crtrebram of nme of mortared. , lots, m freedom GI ambnnd dernnttnM rof Whom A. leeerlon and Idensmutmn of unlnles, II am art mown In cmrdahl, u ou ramrtled plat. 5. Ownenhemesel BOU DARYSonoltllle. 6. Type NSwaq: RG°NGRRYt, RM wass 1. on h esin hown sbMe gop ar: staaorvrye am Users. lbetl bash on he shown 4yl deepl pibn: pNMee by tlknl. R, Were i, Y, reportisene mated wif,«nM11 eMtW .1.1. onto. becomes s mov aor some wnM1 ene erylrul raiva seal ora Bnr su II«nsa t been paar maFe t 9. mn pkn er survry. last been the Iw the s not armed or ak enlnrn Mmetl nertpn. me «rtllkaea does ml aMeM to amenNmaewrtlat 1G.wdaramona vm°ks erc not denthe narten, mmut the eppruprlmaotxarrs poptoam oorroworkormNved mnn me property hureInsen revolted. ho hmens sM1all be notified et m em aw4rbn fmm muddo shownnareon. v.The wrvryor of rrecordl a«t not ntarmlp wmmmpf f form. msesssufrom, r',- n thrown Mseen 'sed so thal seemImIMOtfene. 12M[unry: The eapMM ose el L 6as ab rbow in the MNlmun Redes, Sbr4. ISFtIrth b'wbwWn'., Rat sminimum rtbt", abbw,«OO far Ne type or W esimn wpey b 1 coolia).SW bN.lnt aaonry lose .br.. to aosessero «s"moun al a [bua arometR flaort was /ourd b ea«etl tnM nwlrcmem 13An woe Imr me levrraphis rvordle bton , b Enn na9Sen«tl m morc onto of lines. 0 all c balwaeo shown rynshall rweoenle and/or mol lines. In omment, wee% lom fiewn shall mmwuR Iwaonpfthe lmpm«memt ov,nlsoonralne pu. Oana 14N ce UNtbeen made toromeam foundationfoundationW«ax the surface th the amuM. I9.fnnlYt me apriated am aNnonry p%a d am l tletlan work herei.on Meoons tloplemos mel tosbrboimeryaMalent, ttesbn. 16.the mror eelor iu r!f K un mapsorron t byan. I Me se s inB m P.1 pa Xks it pmnlbilee wkWN carmen mment orthe sl6 of Corns 1: 500Su VAra[1Non of can are assume Sua nd minam based an th la."Ul sWwnareassumesantl art bastion IM1e West RIaM of Wayllneol5.W.6FsyAVFNGF be1N 52'19'OT F. anI.rrcnlm. / BQUNDARYSURVEY GRAPHIC SCALE Pat r temp - 16 sk raekr.1 he X. 41, 0 90-0 6 A �, 9�'SE➢ a Cb ICC VOWOIJ 'IVIVIN Hlnos e § r ( 3nN3AV PUZ9 A-S OZb9 a 1 Igg..yfie}i j @g JAIIQNflOdWOD W S0fl'dG 0011vw i e y y aA % 5 924 ➢ F 2103 SN0U"311V 801831NI 28 SNOIIVOI3100W 3115 �I.Cb X301 A'OLI (/ MIO]X Siatp C I.W0.38C �i anNM V PIUz<?� -m-s Rp 3@➢ G .m .mAAo® ,o fo -0! 0 is ? — ® m_ EBB ® e a E9 J6� P �Ra dUa � � •I•�e.•` STOP M915 Y� § [gP1 11M.A:1WOhW �YV Fab$ p vi .oma .00a I eeO➢S � z R I 'mw E: ! t EE§E�E i5t! l 3 i V 9 3 8@@ y 9 eGq3P d9 6al� ei 3➢ 6�3 �e! £ E 1 a! 3 1 i Qbp i B Qe ill ➢ iF 11 A 3 116 aF @Q1 15 12 1i2 G as If �a ➢a� 8a8➢ E�B�BS da ,a�R g8ef i8 2e ii Q !neFe� ' ! a ei4 G a 9 3 a' $ 5p�iep�88a viF !!E � aF 4i 8 p8 S§ !➢Q Q ! 21 R y vy (9 $g g y t d:3 )| ac _n _.mo , •.b| g, » PUZ9 WS m, ƒ§! ; omC[NnodWo V mnoo UVW \ © k . __3i-ly801831m;_UVO «m] ^ MIAMI DAILY BUSINESS REVIEW Puelisnea Dmly except sawm:ry. Suntlry nno Legal Holidays Miami, MiambOude County. Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review We Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County. Florida'. that the attached copy of advertisement. being a Legal Advertisement of Notice in the matter of CITY OF SOUTH MIAMI- VIRTUAL MEETING OF THE CITY COMMISSION - JUL 21. 2020 in the XXXX Coup, was published in said newspaper in the issues of 07/10/2020 CITY OF SOUTH MIAMI, FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE CITY COMMISSION In accordance with City of South Miami Code, Chapter 286.011, Fla. Stat, and Executive Order Number 20-69, the City will be holtling Its City Commission Meeting VIRTUALLY. The meeting is scheduled to begin on Tuescl July 21, 2M at 7:00 p-m_ to consider the following public hearing items: A Resolution relating to a Variance application to reduce the RS zoning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. Arrant further says that the said Miami Daily Business A Resolution relating to a Variance application to reduce the elementary, Review is a newspaper published at Miami. in said Miami -Dade middle or secondary school spacing requirement for a Pharmacy located County, Florida and that the said newspaper has heretofore at 642D SW 62 Avenue. been continuously published in said Miami -Dade County, Florida A Resolution relating to a Variance application to allow a drive-In7drive- each day (except Saturday. Sunday and Legal Holidays) and through fora Pharmacy located at 6420 SW 62 Avenue. has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida. for a period A Resolution relating to a Special Use application to permit a Pharmacy of one year next preceding the first publication of the attached at 6420 SW 62 Avenue. copy of advertisement: and arrant further says that he or she A Resolution of the Mayor and City Commission for the City of South Miami, has neither paid nor promised any person. firm or corporation Florida, placing a question on the ballot for the Tuesday, November 3, 2D20, any discount, rebels. commission or refund for the purpose o1 national elections, to amend the City Charter, Article 11, SECTION 6, securing this advertisement lot publication in the said subsection D Voting Procedure, to reduce the number of votes necessary newspaper to make land use and development regulations less restrictive, throughout the City from 5 to 4 votes. A Resolution of the Mayor and City Commission for the City of South Mount, Florida, placing a question on the ballot for the Tuesday, November 3, 2020, national elections, to amend the City Charter, Article V, SECTION 2, Swom to and subscribed before me this titled 'General Elections" Subsection A. titled "Time' to change the Citys i0 da o1 JU}yry�.D. 2020 general election from February to the same time as the national elections C4// In November. r An Ordinance related to the fee schedule; amending Ordinance M20.2363 to (SEAL) revise descriptive language, to add new fees, and to delete fees related to various programs, rentals and memberships. GUILLERMO GARCIA personal:: n to me An Ordinance establishing a moratorium on the payment of outdoor seating fees pursuant for both new and existing outdoor seating applications until a date certain- Ag...e: CHRISTIfi:1 L7 ;:p) FuWIX Commission `n CU 277771 An Ordinance amending the City of South Miami Land Development Code, Expires 1orerh:r 1D, 2022 Article V, titled 'PROCEDURES AND APPLICATIONS', Section. 20-5.16, Th-j Tr:y Fris I S,,,nw6C036Sio1i `r titled -Unity of tide submittal and procedures" 61 Z9 (�mmissi©vIl An Ordinance amending the City of South Miami Code of Ordinances, Chapter 16, tiled "PENSIONS", Article II, Wool "CITY PENSION PLAN", Section. 16-20., lied •Board of Trustees." The members of the City Commission, the applicant, the applicant's attorney and witnesses and City staff will participate by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (mtpsl1zoom.us4/30566.3.6338) and participate. It you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hell and at http9/www.southmiam_/l.gov/580/Public-Meetings-Notices. Anyone who wishes to review Pending application and supporting documentation in Person must make an appointment by calling 305-663-5340. Please note that Governor DeSantis's Executive Order Number 20-69 suspended the requirements of Section 166.045, Fla. Stat., that a quorum to be present in person, and that a local government body meet at a specific public Place. The Executive Order also allows local government bodies to utilize communications media technology, such as telephonic and video conferencing such as Zoom for meetings of local gwsmmem bodies. Note that pursuant to Flo Statutes 286.0105, a person who doodles to appeal any decis'lan made by a Boartl, Agency or Commission with respect to any mattor considered at its meeting a hearing, a record of the proceedings will be required for said to and such person will be required Io have a verbatim her I the proceedings including me testimony and evidence upon which the appeal is to be based ADA: To request a motlification to a policy, practice or procetlum or to request an -.aiary aide or service in Order to participate in a City program, activity or event, you must on or before 4:00 p.m. 3 business tlays before the meeting (not counting the day of the meeting) deliver your request to the Ciry Clerk th telephone: 305-722-8666 (voice) or 305-442-1 WO (IT'/iDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at nPayne6southmiamill.gov. Nkenga A. Payne, CMC 7/10 City Clerk 20-43/00GO477704M SSE NEIGHBORS CITY OF SOUTH MIAMI, FLORIDA NOTICE TO THE PUBLIC OF THE VIRTUAL MEETING OF THE CITY COMMISSION A Resolution relating to a Variance application to reduce the IRS coning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. A Resolution relating to a Variance application to reduce the elementary, middle or secondary school spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. A Resolution relating to a Variance application to allow a drive-in/drive thmugh for a Pharmacy located at 6420 SW 62 Avenue. A Resolution relating to a Special Use application to Permit a Pharmacy at 6420 SW 62 Avenue. A Resolution of the Mayor and City Commission for the City of South Miami, Florida, placing a quesn on the ballot for the Tuesday, November 3, 2020, national elections, to emend We Cl;ty Charter, Article II, SECTION 6, subsection D Voting Procedure, to reduce the number of votes necessary to make land use and development regulations lase restriave, throughout the City, from 6 to 4 votes. A Resolution of the Mayor and City Commission for the City of South Miami, Florida, placing a question an the ballot for the Tuesday, November 3, 2020, national elections, to amend the City Charter, Miele V, SECTION 2, Idled "General Election." Subsection A. Blind "Time" to change the City's general election from February to the same time as the national elections In November, An Ordinance related to the fee schedule; amending Ordinance 09-2p-2363 to revive descriptive language, to add new fees, and to delete tees related to various program., rentals and memberships. An Ordinance establishing a moratorium on the payment of outdoor seating fees pursuant for both new and existing outdoor seating applications until a date certain. An Ordinance emending the City of South Miami Land Development Code, Article V, tilled "PROCEDURES AND APPLICATIONS", Section. 20-5.16, tided "Unity at title submittal and procedures. - An Ordinance amending the City of South Miami Code of Ordinances, Chapter 16, tilled "PENSIONS", Article 11, hired "CRY PENSION PLAN', Section. 1420., titled "Board of Trustees." The members of the City Commission, the applicant, the applicant's attorney and witnesses and City 11eB will participate by video conferencing through the Zoom piatlorm and members of the Public may join the meeting via Zoom at (buys Hinman us/i/3056636338) and participate. If you desire to prevent evidence or you are unable to use Zoom, there are procedures to follow and other options available including a dedicated phone line to listen and psrpcipate in the meeting and limited public attendance, all of which is eel forth in the meeting notice posted at City Hall and at hUp l 1 m mill. v/ /P li ti . Anyone who wished to review pending application and supporting documentation In person must make An appointment by caging 305-663-6340. Me. Me cut Gaema Gefian . E—,ne ..., .—W rae9 on r. In. reaun.—Its cr seNan 11s.15, N. snt, Mn • N,oum 10 ne wemnl In person. antl out. taut a---. peey mM e, a lost➢. puonc Pace. rh o.[ ONer Nap n.. kW., rn.enru II -WI w—wmovir. N.I.n. ve II. 11y,a"[ne"Me15. Al arse re <anr. Ordenon... nevi -I"r meeX,pa p(ION.aremm enl,I II Naeurfin, er Ins.""'. anea""24o,5.a Mh,"noaudae[In.arecanyetheWnmane Eyadone.ulmdf %cdmm adnuclpen,oanymanorconJtlmea N n[ maauro ar neanne. e,eeara Dune waee•tlsva�wl u.,awlree Ia,We appeN arse avm perwn MII Xe,eaM,M,e n..e .wM.Nn 4na[M, of Me prprieer,q[ IntlueT. me,eMmmry.ntl Mem[e uW n Mks Pe appeN I[ Ip pe auetl Ruh Te .area.m. uciArIIpapdkr. pM.. owoc 1.4: o mreryWre dws NeenraerMmm p.aerbwraWae In. our wearM..amv w.wnL vav mrN an a, seta.. s:sa nm. a owns.. eon X.Iw.;n. mesa g Ina earner,. M. err a an. meNyl eeuRr Wm NCue.lm Me Cny Gent ay,Mepnme: zoszzzae961w1ce1 or aaSaaTleOp rRYrtvm w p mar N s,so svnw vm., saran plwnl. cruse. a, emw al npammuavmml.mm.ew. Nkenga A. Payne, CMC City Cierk MUSEUMS SU3DA8 IULY 112M MIAMI III RAID fOM Frost Science Museum's new exhibit now open, and it's permanent BYCONNIEOGLE [�gk@ntianuMpu.mm This is a tough summer. Restaurants in Miami -Dade are limited to outdoor din- ing amid the COVID-19 epidemic, and movie thea- ters and other entertain- ment venues are closed. But U you're looking for kid -friendly entertainment in a place with no humidity and nary a mosquito, Frost Science Museum has you covered. The Phillip and Patricia Frost Museum of Science in Miami opened itsnew permanent exhibit last weekend. Tided "Power of Science" and the first new permanent exhibit since the museum opened three years ago, the exhibit dis- plays the potential of sci- ence using new technology, completely transforming the Ocean Gallery space on the museum's ground floor. Also, there is air condi- tioning. Do you need to know more? Yes? OK: Developed in a partnership with the Uni- versity of Miami, "Power of Science" offers interactive exhibits and rare speci- mens in four areas: Our Oceans, Our Environment, Our Bodies and Our Uni- verse. Speaking of oceans, giant grouper stans can have a blast at the museum, too. Here are some of the other exhibits on display. '"Worlds Beyond Earth": The new Frost Planetarium show opens today and is narrated by Oscar winner Lupita Nyong'o. Ilnwmsh ea,emr, 'SHARKS: On Assignment with Brian Skerry' open at Museum through August 9. gruca,"is meen, Gtaq,lak Con av A green -crowned brilliant hummingbird and a green pit viper look eye to eye. The snake hangs delicately from a branch as the hummingbird hovers midair in attack. The showdown captures an etemal dance between predator and prey. "Rarely See.": The new National Geographic photo show runs through Sept. 7. "Gollob Grouper Aquarium Exhibit': Lem about a really big fish — really big and the role it plays in Florida's ecosys- tem. "Shark.: On Assign - meat with Bria. Skerry More National Geographic photos from award -winning photographer Brian Skerry (through Aug. 9). "Solar System & Be- yond"; Checkout the museum's north wing for this journey through the solar system. Yeah, we kinds wish we were out there right about now, too. For admission to mu- seum, you most have a reservation and ticket for a specific time. PHILLIP AND PATRICIA FROST MUSEUM OF SCIENCE Where: 1101 Biscayne Blvd., Miami Hours: 9:30 am.-6 p.m. "Power of Science" exhibit operas: Friday Admission: $22 for adults and children 3 and up; kids under 2 and mem- bers free. Most reserve a ticket online at hops://www.fmstsdence.org/ plan -Your -day/ Coheir Ogle: 305-376-3649, @OgkConnie 63