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Res No 088-20-15528RESOLUTION NO.088-20-15529 A Resolution relating to a Variance application to reduce the RS zoning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. WHEREAS, SOMI 621d Group, LLC submitted an application (number PB-20-011) requesting a variance from Section 20-3.4(B)(24)(b)(i) of the Land Development Code (LDC) to reduce the RS zoning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue; and WHEREAS, pursuant to Section 20-3.4(B)(24)(b)(i) of the LDC, a Pharmacy shall not be located within three hundred (300) feet of any RS zoning district; and WI�REAS, 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 seven (7) ayes to zero (0) nays on the variance request; 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 COMNIISSIONERS OF THE CITY OF SOUTH MIAMI, FLORIDA: Section 1. The recitals set forth in this resolution are true and they are supported by competent substantial evidence and they are incorporated into this resolution by reference as if set forth in full herein. Section 2. The variance request listed in the application (number PB-20-011) submitted by SOMI 62`d Group, LLC to reduce the RS zoning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue, South Miami, Florida is hereby approved, subject to the following conditions: 1. The applicant record a Unity of Title on the two properties; 2. Any and all exterior renovations or modifications for the new establishment may be subject to approval by the Environmental Review & Preservation Board; and Pagel of 2 Resolution No. 088-20-15528 3. 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 detemuned 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: CITY LERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF i _r1� C.. r' ATTORNEY APPROVED: MAYORz`, COMMISSION VOTE: 5-0 Mayor Philips: Yea Vice Mayor Welsh: Yea Commissioner Hams: Yea Commissioner Liebman: Yea Commissioner Gil: Yea Page 2 of 2 Agenda Rem No:8. City Commission Agenda Item Report Meeting Date: July 21, 2020 Submitted by: Marcus Lightfoot Submitting Department: Planning & Zoning Department Rem Type: Resolution Agenda Section: Subject: A Resolution relating to a Variance application to reduce the RS zoning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. 4/5 (City Manager -Planning Dept.) Suggested Action: Attachments: 6420SW 62 Avenue (Marco Drugs) RS Zoning & School Spacing Variance CM Memo.docx 6420SW 62 Avenue (Marco Drugs) RS Zoning Spacing Variance Resolution New Format. docx PB-20-011 & PB-20-012 - 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 1CITYOF SOUTH MIAMI SoutMiami OFFICE OF THE CITY MANAGER THE CITY OF 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. A Resolution relating to a Variance application to reduce the RS zoning district spacing requirement for a Pharmacy located at 6420 SW 62 Avenue. B. 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. 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 schools (PB-20-012), as well as a variance request application to allow the installation of the proposed drive-in/drive-through (PB-20-013). 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 62nd Group, LLC, the property owner and applicant, is requesting two (2) variances related to the spacing requirements for Pharmacies which are: 2 6420 SW 62 Avenue (Marco Drugs) Variance Request — RS Zoning Spacing Requirement & School Spacing Requirement July 21, 2020 Page 2 of 7 1. A Variance to permit a pharmacy at 6420 SW 62nd Avenue that is less than 300 feet from any RS zoning district. 2. A Variance to permit a pharmacy at 6420 SW 62nd Avenue that is less than 500 feet from an elementary, middle or secondary school ANALYSIS: When reviewing the project, the following items are noted: • The applicant's intent is to renovate the site and the existing one-story building which was previously known as Joe's Market. • 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: JKT/mwl C:\Users\EASlPD-1\AppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@A80C5BE8\@BCL@A80C5BE8.dooc 3 a420 SW 62 Avenue (Marco Drugs) Variance Request— RS Zoning Spacing Requirement & School Spacing Requirement my 21, 2020 ]age 3 of 7 SW 64TN ST ' _ WI 6600 6„JI 11 HID W, WD s.t„ 21 -... - 6421 61A 612, 6431 6430 6,5t �50D 6'A1 6`'m 6501 su ss+o all MID 551, 1 66A a,,6510 6521 _ 1 �� - all 6510 f 66a1 N _ KUI 2 NO, 6MI) - %Oi _ — fi800 O y i611 66t1 1 MID MID 6621 6621 662, M,, 1 6621 MCK) real Gal1 EfiW � Mill— 65n 1 6]Ot 6IDt 6100 Volbfl, 6700 0 11 6)t0 1 6711 6710 6]21 6721 ISM 6-1 - 6L�6 6)], 571 �� MI 6]L ST RS-3 IU.�isl 6100 m RS-4 Sw 64Tr e. 61M 6100 �� 16dfi7 wro NON ` fiwt 631e 6"' 6531 5S4i 3 p G`ti fit 5 f = Pq I 4 m NR'i �_ ' 1PR R M Wt 6800 MC, 69rG I MID D fiala bet: Ga26 6003 el o North: Neighborhood Retail (NR) o South: Neighborhood Retail (NR) o East: Single -Family Residential (RS-4) 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. It is important to note that 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. JKT/mwl C:\Users\EASYPD-1\AppData\Local\Temp\BCLTechnologies\eaSyPDF 8\@BCL@A80C5BE8\@BCL@A80CSBES.docx 4 6420 SW 62 Avenue (Marco Drugs) Variance Request — RS Zoning Spacing Requirement & School Spacing Requirement July 21, 2020 Page 4 of 7 • 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. Pursuant to the location requirements found in Section 20-3.4(B)(24)(b) of the LDC, a Pharmacy shall not be located: a. Within 300 feet of any RS zoning district; b. Within 1,000 feet of another Pharmacy, whether it is located in the City or in another jurisdiction; or c. 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, The proposed Pharmacy is within 300 feet of both the RS-3 and RS-4 zoning district. The pharmacy is approximately thirty-five (35) feet from the nearest property line of a single-family residence in the RS-3 zoning district. The pharmacy is also approximately one hundred (100) feet from the nearest property line of a single-family residence in the RS-4 zoning district. While the proposed Pharmacy isn't within 500 feet of a child day care facility or a county/municipal park that is located in the City's Commercial Core, the Pharmacy is located within 500 feet of an elementary, middle, or secondary school. The proposed Pharmacy is approximately one hundred -twenty (120) feet from JRE Lee Center. It is important to note that all distance measurements were taken using Google Earth. 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 applicant initially informed the City of their intent to relocate their pharmacy in the Fall of 2019. At such time, City Staff informed them that the operation of a Pharmacy in the NR zoning district was a use that was permitted by right. With that knowledge, the applicant purchased the property and began the process of redesigning the site prior to submittal to the City. By the time the applicant informed the City of their status on the project, the City had already adopted Ordinance #41-19-2354 which placed spacing restrictions on the use and required that Pharmacies go through the Special Use permit process. Because of that, a JKT/mwl C.\Users\EASYPD-1\pppData\Local\Temp\BCLTechnologies\easyPDF 8\@BCL@A80CSBE8\@BCL@A80CSBE8.doac 5 6420 SW 62 Avenue (Marco Drugs) Variance Request— RS Zoning Spacing Requirement & School Spacing Requirement July 21, 2020 Page 5 of 7 variance of this nature would be necessary to relieve the particular extraordinary conditions and allow them to complete their project. 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; The property was purchased with the knowledge that the proposed use of a Pharmacy was permitted by right. Because of its close proximity to both the RS zoning district and the JRE Lee Center, denial of the variances would result in a hardship to the applicant and prevent them from using the property as a Pharmacy. 3. The extraordinary conditions and circumstances do not result from the actions of the applicant; The property owner/applicant purchased the property with the knowledge that a pharmacy would be permitted by right on the site. By the time the City was informed of their status on the project, the LDC had already been amended to require Special Use approval. Additionally, because of the property's close proximity to the adjacent RS zoning districts and the JRE Lee Center, a Pharmacy could not be realized without first being approved via the Variance process. Consequently, the extraordinary conditions and circumstances do not 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 pharmacy is approximately thirty-five (35) feet from the nearest property line of a single- family residence in the RS-3 zoning district, approximately one hundred (100) feet from the nearest property line of a single-family residence in the RS-4 zoning district, and approximately one hundred -twenty (120) feet from JRE Lee Center. Because of its location in relation to both the RS zoning districts and the JRE Lee Center, the requested variance is the minimum necessary to make possible the reasonable use of the land. S. That the approval of the variance will be in consistent 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. Per the site plan, the proposed pharmacy will be located in an existing one-story building that is 2,293 square feet that is on a 15,000 square foot site. The applicant isn't proposing to redevelop the site and is instead opting to renovate the site instead. The smallest CVS Pharmacy in the City is housed in a 7,000 square foot building on a 21,000 square foot lot. When compared, the proposed pharmacy pales in comparison to the size of the established pharmacy business. A pharmacy that is only 2,293 square fits in with 1KT/mwl C.\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A80C5BE8\@BCL@A8005BE8.doc X le 6420 SW 62 Avenue (Marco Drugs) Variance Request — RS Zoning Spacing Requirement & School Spacing Requirement July 21, 2020 Page 6 of 7 the character of the neighborhood and would meet the purpose of the NR zoning district. The proposed pharmacy will also provide the adjacent neighborhoods with everyday retail and meet the personal service needs of the community. Because of that, 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. PLANNING BOARD RECOMMENDATION: Both Planning Board item PB-20-011 and PB-20-012 were reviewed by the Planning Board at its June 9, 2020 meeting. At the meeting, the Board voted on the two (2) variance requests individually. The results of each of those motions are listed below: A. Variance to reduce the RS zoning district spacing requirement for a Pharmacy. The Planning Board voted unanimously to recommend approval of the request as presented. B. Variance to reduce the elementary, middle or secondary school spacing requirement for a Pharmacy. The Planning Board voted unanimously to recommend approval of the request as presented. RECOMMENDATION: Staff recommends that the City Commission approve both of the variance applications with the following conditions: 1. The applicant record a Unity of Title on the two (2) properties; 2. Any and all exterior renovations or modifications for the new establishment may be subject to approval by the Environmental Review & Preservation Board; and 3. 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: • 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 • Justification for Change — Variance to Operate Within 500 Feet of School • 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/mw) C:\Users\EASYPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A80CSBEB\@BCL@A80C5BE8.docx 7 6420 SW 62 Avenue (Marco Drugs) Variance Request— RS Zoning Spacing Requirement & School Spacing Requirement July 21, 2020 Page 7 of 7 • 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\EAVPD-1\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A80CSBE8\@BCL@A80C5BE8.docx 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 3. 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 day of , 2020. ATTEST: APPROVED: CITY CLERK READ AND APPROVED AS TO FORM, LANGUAGE, LEGALITY AND EXECUTION THEREOF CITY ATTORNEY MAYOR COMMISSION VOTE: Mayor Philips: Vice Mayor Welsh: Commissioner Harris: Commissioner Liebman: Commissioner Gil: Page 2 of 2 So u rrr a , 3 V ,vtovro•mv I 1 ,vz9 toRho �' City of South Miami Planning & 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) g,g 5 Block g_ Subdivision COC PLUM 6420 SW 62 AVENUE PB 48 36 TERRACE ADDITION Meets & Bounds: pp5canI- Phone: SO 62 D GRO LC 305-66 1 Representative: Organization: SONIA MARTINEZ & IVETTE M. SUAREZ MARCO DRUGS MANAGEMENT, LLC Address: Phone: 1407 TUNIS ST CORAL GABLES FL 33134 305-665-4411 _. Pr 0perty Owner. Signature: SOMI 62ND GROUP, LLC Mailing Address: Phone: 1407 TUNIS ST CORAL GABLES FL 33134 305-665-4411 ArchitecVEngineer. Phone: WILLIAM DELAMORENA, GLOBAL DESIGN 305-525-2060 THE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT: Owner _Owner's Representative Contract to purchase Option to purchase _TenanULessee APPLICATION IS HEREBY MADE FOR THE FOLLOWING: SUBMITTED MATERIALS PLEASE CHECK THE APPROPRIATE ITEM: PLEASE CHECKALL THAT APPLY: _Text Amendment to LDC X-Variance XLetter of intent _ Zoning Map Amendment X.Spedal Use XJustifirations for change _ PUD Approval _Special Exception .X Statement 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 Briefly explain application and cite specific Code sections: Section 20-3.4 (24) Na Contract to purchase X Current survey (1 original sealed and with Variances to Section 20-3.4(24)(b)() within 300 feet of RS zoning district; (lii) wilhln 500 feet of school; (a) allow Drive -through; (k) reservation to limit another signedll reduced copy @ 11' x 17') 16 .request Unity ofritle for orooerty X 15 copies of Site Plan and Floor Plans 24 x 36', 1 reduced copy @ 1 V x 17" X Affidavit -Receipts attesting to mail notices sent Section:_ Subsection:_ Page #._ Amended Date: _X Maling labels (3 sets) and map X Required Feels) The undersigned rrpd this completed application and represents that the information and all submitted materials are true and correct to the b s o ffffff a plicant's knowledge and belief. Sonia E. Martinez 3 13 Applicant's Sig re nd title Print Name Out Upon receipt, a plications and all submitted materials will be reviewed for compliance with the Land Development Code and other applicable regulations. Applications found not in compliance will be rejected and returned to the applicant. OFFICE USENLT Date FOed 3 Date of PB Hearing Date of Commission Petition Required Petition Accepted Method of Payment ZAFonns\Current Planning Department FormsTlanning Department Forms\Planning Board\PS - Special Use Application - Revised I- 25-2016.doc 11 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. 12 General 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. 13 Justifications for Change Consistent with South Miami LDC Section 20-5.9 (H): Variance to Section 20-3.4 (24)(b)(i) to operate within 300 feet of RS Zoning district. 1. The variance is necessary to relieve particular extraordinary conditions relating to this property because the existing building is currently located 21 feet from the RS-3 Zoning District boundary (12.50" [50% of 25' Alley] + 8.50' rear building setback). We are improving the existing building by renovating and remodeling for a Pharmacy use which is consistent with the prior commercial Neighborhood Retail use. 2. Denial of the variance would result in hardship to the owner, SOMI 62nd Group, LLC, who purchased the property on December 18, 2019 to relocate the existing pharmacy, MARCO DRUGS & COMPOUNDING to this location. 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 and grocery store to serve the neighborhood and the variance is based on changing the existing building use to Pharmacy, which will also serve the neighborhood and City residents. 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 land, as we are using the existing building which is located 21 feet from the RS-3 Zoning district. 5. 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. The Pharmacy use is consistent with the adjacent Neighborhood Retail uses. Marco Drugs will incorporate internal and external renovations, including adequate parking spaces, landscaping, drainage, and security. The Pharmacy hours are between 9:00 a.m. to 7:00 pm., therefore they will not create a nuisance for the adjacent residents. 14 Variance to Section 20-3.4(24)(b)(iii) to operate within 500 feet of school. 1. The variance is necessary to relieve particular extraordinary conditions relating this property. Per the attached site plan, the existing Building is located 80 feet 8 inches from the PI zoning district boundary, including SW 62 Avenue Right -of - Way (45' 8" front building setback + 35.0' [50% of the 70.0' SW 62nd Ave ROW]). The JRE Lee Educational Center building serves as an administration office for Miami -Dade County Public Schools Department of Exceptional Student Education and students do not attend classes at the office building. 2. Denial of the variance would result in hardship to the owner, SOMI 62nd Group, LLC, as they could not operate the intended business use of a pharmacy, which was allowed by right in the Neighborhood Retail Zoning District use. The hardship is fundamental to this property and the existing building site. 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 land as the existing building is located within 80' of _the PI Zoning district, including the four lane right-of-way for SW 62 Avenue. 5. 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. SOMI 62nd Group, LLC will Incorporate internal and external renovations, including adequate parking spaces, landscaping, drainage, and security. The Pharmacy hours are between 9:00 a.m. to 7:00 pm., therefore they will not create a nuisance for the adjacent residents. The Pharmacy has state of the art security systems including safes, locked cabinets, camera systems and alarms. The Pharmacy use is consistent with the adjacent Neighborhood Retail uses. 15 Folio: 09.4075-012-0370 Sub -Division: COCOPLUM TERRACE ADON Property Address Owner SOMI 62ND GROUP LLC MaTng Address 1407 TUNIS ST CORAL GABLES. FL33134 PA Primary Zone 6109 COMERCLAL-NEIGHBORHOOO Primary Land Use I Oat VACANT LAND - CDAO.IERCLAL' VACANT LAND Folio: 09-4026412-0350 Sub -Division: COCOPLUM TERRACE ADON Property Address 6420 SW 62 AVE Owner SOMI 62NO GROUP LLC Mailing Address 1407 TUNIS ST COPAL GABLES. FL 33134 PA Primary Zone 6100 COMMERCWL-NEIGHBORHOOD Primary Land Use 1111 STORE RETAILOUTLET IT-1 CFN: 2020MON79 BOOK 31757 PAGE 3500 DATE:01/07/2020 08.18:13 AM DEED DOC 7,200_00 SURTAX 5,400.00 HARVEY RMN, CLERK OF COURT. MtA DADE CTY This instrument prepared by: David M. Krause, Esq, Law Offices of Krause & Baxter 9555 N. Kaidall Drive Suite #202 Miami, Florida 33176 Return to: Flethas, PLL.O 782 N.W. 42 Avenue, Suite 430 NfiamL Florida 33126 Property Appraisers Parcel Identification (Folio) Number(s): 09-4025-012-0350 & 09-4025-012-0370 TRUSTEE'S DEED THIS INDENTU RE, made this day of December, 2019, BETWEEN Rosalind S. Zaeks- fka Rosalind M. Spector, a married woman, Individually and as Trustee, Ann S. L.ieff fkk.a Ann K. Spector-, a married woman, individually and as 'Trustee, Michael J. Spector, a married man, individually and as Trustee, and Bayard W. Spector, a married ma , individually and as the Trustees of Martin W. Spector Irrevocable Trust Dated August 19, 1974, of 6212 Riviera Drive, Coral Gables, Florida 33146, hereinafter fr=tor*, to Somi 6214d Group LL,C, A Florida limited iiabillty company, of 1407 Tunis Street, Coral Gables, Florida 33I34, hereinafter Grantee* WITNESSETH, That said Grantor, for and in consideration of the sum of TEN and NQ/100********'******($10.00)*************** Dollars, and other good and valuable considerations to said Gtaritor 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 assig ns forever, the following described land, situate, lying and being in Miarni-Dade County, Florida, to -wit: ' Lots 3, 4 and 5 Block 4, COCOPLUM TERRACE ADDITION, according to the Plat thereof as recorded in Plat Boole 48, Page 38, Public Records of Miami -bade County, Florida. 17 CFI : 20200008579 BOOK 31757 PAGE 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, hereditaments and appurtenances thereto belonging or in anywise appertaining. To Have and to Hold, the same in fee simple forever. And the grantor hereby Covenants with said grantee that the grantor is lawfWly 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 whomsoever; and that said land is free of all encumbrances, except taxes aceniing subseclueni to December 31, 2019. *"Grantor" and "'Grantee" are used for singular or plural, as context requires. IN WITNESS WHEREOF, Grantor has hereunto set grantor's hand and seal the day and year first written above. Sign ed and delivered in our presence: P ied ame: ct� Rosalind S. Zacks, Individually #ZJr -�•.� And as Trustee t Name: ' ` �;t c STATE OF FLORIDA) COUNTY OF NIIA #v9-DADS) T14E FOREGOING INSTRUMENT was acknowledged before this � day y of December, 2019, by Rosalind S. Zack% Individually and as Tres , who i ersonally known to me or who produced as identi Lion. Notary lic State of Florida Y. •..-` My Commission $$iOn Expires: M • ti � •r 18 CFN: 2020DO08679 BOOK 31757 PAGE 3502 i P ama: �z Pridted Name: n _ _ cam► A�rara S. Liei%Individually And as Trustee STATE OF COLORADO) COUNTY OF EAGLF,) �� TJW FOREGOING ihl5flti.WNT was acknowledged hef�e me hd day Of ( 019, by Ann S. Lich I;rdividttally sad jUy known to me or who] produced., rl 1 ft,am As iPubv� State ofCclamdo Imo► Commission Expires: MAr(1 i:V1t TEMEAULT NMRY PUBUO STATE OF COLORADO NO W ID 201WQ0 W MY OOMMMIGN OMRWJANUAFtY 1?, 2= -3- 19 CFN: 20200008679 BOOK 317a7 PAGE 3503 �l Pnn 92 Pri tcd Name•tIV� STATE OF FLORMA) COUNTY OF DUVAL) Michac 1. ISPor.ndividually And as Trustee THE. FOitEGOTNG i s,rRUME-:N F was acknowledpd, before me this _12, day of December. 2019, by Micluwl J. Spector. Individually and as 11rustee, who is (41CMnnally known to ere or %vlw F 1 produced idcnti I dt�rj► Public, PRtBC9jAFp.g4W State of'Flurida my Cotttcrtission Expires: Y130, U4j7JDZ:Z- myoommpm Go imis Q�� .1st�a+5t S8, 2C� ,� soQded t't� t�tt�e tledrrneMis --1- 20 CFN: 20200008679 BOOK 31757 PAGE 3504 Gt� Bayard W- ector Individually And as Trustee STATE OF FLORIDA) COUNTY OF. MIAM-DAFDE) E FOREGOING INSTRCJ141ENT was acknowledged before mo this /?day of Dpe.—S 2019, by Bayard W. Spector, In i y andjit4Pafion. ho is j personably known to me car who ] produced as No ublic State of Florida. My Conunission Expires: - 5- 21 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 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 Iocation 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 October 8, 2019, the Planning Board held a public hearing on the Paee 1 of 9 22 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: Afedical 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 ins 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 maryuana 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. , fi > er- > > as supplies, > A feeility only retail sales or- dispensing of $�eeenteF. -e-cheal mar�uana; whirsh pr-evides 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 Pam 2 of 9 23 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 20-4.4(B)) X - NO CONDITIONS WERE ADOPTED ZONING DISTRICT T T T T T O O C P M D D D USE TYPE R L M N S G U 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 U I 4 S 6 R RETAIL AND WHOLESALE TRADE * * Drug,—Phamaq; or Sundry Store Not ISISIPIP1 P P p P 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 S 24 9 Section 3. South Miami Land Development Code Article III, "Zoning ReguIations", 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 _ d Drug, Pharmacy or Sundry Stores seIling_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 Rroperty line of the RS Paee 3 of 9 24 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 Pharmaa (a) Location requirements. A MMRC shall not be located: i. 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, , (b) Location requirements. A Pharmacy shall not be located: i. Within 300 feet of any RS zoning district: I 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. N(d) Hours of operation. MMC and Pharmacies shall only be permitted to operate between the hours of 7:00 a.m. and 9:00 R.M. (eKel 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. (d)()Parking. 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 tffiffle 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_ a shal�cnoutdoor seating areas, outdoor queues, or outdoor customer waiting areas. All activities of the MMC or Pharmacy including sales, display, preparations and storage shall be Paee 4 of 9 25 Ordinance No. 41-19-2354 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. ( t)i Prohibition 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 Ieased 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)f&If 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. (k) 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 permit 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 Page 5 of 9 26 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 Land 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: Unadjusted Parking Requirements: 1 parking space required per' A. Storefront Uses Drinking Place 100 SF iDruPhameSundry Store Not selling prescription drugs - 300 SF — - - Pharmacies and Medical Marijuana Retail Centers*** 200 SF * Uses marked with an asterisk require a special use permit with city commission approval pursuant to 20-3.3(D) and 20-3A(B). ** 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 27 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 Commmission 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 Paee 7 of 9 28 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 Ceommission 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 located in the City or in another jurisdiction. MMRCs shall not be located within 500 feet of another MMRC whether it is located in the City or in another iurisdiction. This distance between two of the same uses shall be measured from nearest pro2ggy line to nearest 2ropegy 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 aaRplicable 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. Pam 8 of 9 29 Ordinance No. 41-19-2354 Section 7. Codification. The provisions olfthis ordinance shall become and be made part of the Land Development Code of the City of South tMiami as amended. Section 8. Severability. If any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction. this holdino shall not affect the validity of 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 ordinances 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: -8' City -rk I" Reading — 2"d Reading — READ AND .PPROVED AS ( LAEGALITY OD E I:CU o 'rHEREO cl `rlf �,�I�rORNEY-/ APPROVED: AV Mayor F0rb%R: COMMISSION VOTE: Mayor St6ddard: Vice Mayor Ilarris: Commissioner Gil: G� Commissioner Welsh, Commissioner Liebman: 5-0 Yea, Yea Yea Yea Yea Pane 9 of 9 30 Ordinance No. 0 4- 2 0- 2 3 5 8 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. Page I of 4 31 Ordinance- NO, 04-20-Z3758 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 another. 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 of 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 Aapprovals. (G) Permitted Variance Requests. Applications for variances shall be restricted to ey the following: (1) Yard setbacks (2) Lot size (3) Lot coverage (4) Building height (5) Fences and walls Pam 2 of 4 32 Ordinance -'No. 04-20-2358 (6) Impervious coverage (7) Off-street parking (8) Open space (9) Signs (10) Landscaping (11) Spacing requirements 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 owners 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 S. Severability. if any section, clause, sentence, or phrase of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction. this holding shall not affect the validity of the remaining portions of this ordinance or the Guidelines adopted hereunder. Section 9. Effective Date. This ordinance shall become effective upon enactment. Paac 3 of 4 33 Ordinance N6:04=20=2358 PASSED AND ENACTED this 2 1 " day of' January, 2020. ATTEST: k) k/. 07k a CITYCLLRI I" Reading — 1/7/2 020 2nd Reading — 1121/2020 READ AND ASPR� VED . LAN GUAG�LE ALITY CITY'A APPROVED: MA OR FORM: COMMISSION VOTE: Mayor Stoddard: Vice Mayor Harris: Commissioner Gil: Commissioner Welsh: Commissioner Liebman: 5-0 Yea Yea Yea Yea Yea Pm-,c 4 of 4 34 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 62"d 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 Ms, i F. Martinez 1407 Tu is Street Coral Gables, FL 33134 305-665-4411 sonia@marcodruQs.com •n a - scribed before me this 1 day of 'ke-t 12020. FRANK PADRON ry ub i , State of Florida at Large OMJed BWOO"SN*a My Commission expires HO�P' � 16 . 20_2:$ 35 jl-m% ' ' y� W. > f i$►1 fA Zj+�� s 1i� 1 MS 1!J ' ", r {ram`: _ r, Wl H 1 tl y _ ,L 7 ht 4�1 ,4�� j1t.e.fllE ."3 a:t 1 y m • K ,D to ~ Ya e p yq ql > AL th kip + 'il. S� I+� ,1 S , . R ■iT 1 a,ti�F/ c+y. dins ! `s� � t� y p . + �� ' i � r ill p� SW 1 2N0 TER laf Qz\ pc 2 ..,, 2 G • n e tl ia, L.ec < w 3 o . •� pz, 4= SW 63RD TER a� MID MH Wp YI, aap a+n rT KA K•f MA K`I i w ii)+ ML li we all k2 +.m IMP+ rlp r+1 Mq Mil MW rry r:, r: rx Ml H raa rpi Y 66TN 67 ro ra Nw �+ � MTI R: WI w r>• Y+ oy bV+ •� ppf nm ptl ca •..� ^" .)II ilia mf C:1 ila: ml m+ mi izr t-rl i*s mf q RSV anc SW 66TH ST _ rip All p g ro Map Source: City of South Miami Zoning Cerf�eol wfa� l f a r 3 a' E SW 62NO TER gg FD+ Qa { gg SW 63R0 ST g gR 66 SS�4c 5 am ux MI 1 i�,>! SW'63R[ Y ' SR 4 a BW T R I •r iir 1 •o �p, wn a� PI p ; .P N 8T 4 • ra\ rp, it I LRM-18 TIC r.; —-•—•—•— .—•--4 SW a9 Kul 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 621 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 62nd Avenue and the adjoining lot, and abutting owners were provided the Notice by Certified Mail. Certified Mail receipts attached. Since Ms Soni E. Martinez 14 Tunis Street Coral Gables, FL 33134 305-665-4411 sonia@marcodrugs.com soli. cribed before me this 9-0 day of � �^ . 2020. FRANK PABRON . Commission # GG 85M ����` Expires Match f 6, 2024 lic, State of Florida at Large oa BandWTft&;*Ift"smi= pion expires Gam- � 116 . 20?-J. 38 •`^ TY' SWrrg,l•SSe gT � i L IL :4!6 Ir lot cw«z,n� 41 ir,. l G !C m 10 - S,iNe'6Ce 1 H�t".S�TdFpy . rm O :` w�cW r.7TH 1RSKEWlad [� 3R ::11 — YI! ST March 18, 2020 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. 62n4Avenue 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, slgnage and a drive -through window. In December 2019 and January 2020, the City 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 Title 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, i Soni in SOMI 621 Group, LLC Mar Dru s & Compounding 6627 Dixie Highway South iami, FL 33134 Phone: 305-665-4411 40 cr I cc enwcrd 'mvn Lnos I,.! i 3fIN3Atl PuL9 'N.3 4" DniaNnOaiNOO V sOnaa ODITM < < f :ao-4 v sNOuvoulaoA Mus a n N a n v P W z 9 -f-n S 11i 1 ili .ii3;l��li' eta H! :,gull I i 11 IN" 1, 1, 31 1 11 '1� 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. 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. 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. 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. 42 SW 64TH S-nHARDEE RD SW 6 N i _.—. _. �___--•—_l td I slat I SA! �43- i41473 0 C111 Cn I j 0 I •ra I l --' p � j tut :llf I I � I tY�{�• ! 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/30566363381 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-Meetin-gs-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 polity, 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. 1 Not counting the day of the meeting. 43 MIAMI DAILY BUSINESS REVIEW Puolished Oaity excapl Salurday, Sunday and Legs! Holdays Miami, nhiamr-Dade Cour,ty, F.nnda STATE OF FLORIDA COUNTY OF M1AM1-OAOE: 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 Uk/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, v �° E E - 8 TA C j] E was published in said newspaper In the issues of E g o 05/29/2020 Affiant further says that the sold Miami Daily Business Review is a newspaper published at M€ami, in said Miarni-Dade County, Florida and that the said newspaper has heretofore been continuously published In sa€tl Mlaml-Dade County, Florida each day (except Saturday. Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami In said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afPant 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, U Swornilo and subscribed before me this 29 Y. A .'1020 (SEAL) GUILLERMO GARCIA personalty known to me LYNt1 rJ;VIX - �vm rlissioa #Gr, 277171 44 F .'OU ey�4 u ' 9Z7 1 ixrn a29 ' tptttV 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 266.011, Fla. Slat, and Executive Order Number 20-69, the City will be holding its Planning Board Meeting VIRTUALLY. The meeting is scheduled to begin onlruesdayi June a 2020 at 7:00y_m. to considerthe following public hearing items: 1. PS-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 62 Avenue. 2. PB-20-012 Applicant SOMI 62nd 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 62nd 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. PS-20-014 Applicant SOMI 62nd Group, LLC A Resolution relating to a Special Use application to permit a Pharmacy at 6420 SW 62 Avenue. �0 45 cl+x 4 Sou-f- M(,aol/ All Hoard members, if the Governor's Exec -live Order (EO) 20-09 is extended, othervrise all but four, as well as City staff will participate by video eonferencing through the Zoom platform and members of the public may join the meeting via Zoom at (httasl/zeom.usl1305G6,3.633 jand participate. If you desire to present evidence or you are unable to use Zoom, there are procedures to lotlav and other options available including a dedicated phone line 10 listen aid participate in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at httpyixn;w.southmiamiflyov/580/Putilic_Meetinos_No(ices. Anyone who vrish�; to review the pending application and supporting documenlalion in person must make an appointment by calling 305-663.6327 or 305-663-6331. Please note that Governor DeSentis' Executive Order Nmober 20.69 suspended the requirements of Section 166.045, Fla. Suit., 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 eonferencing such as Zoom for meatings of ;oral governmenf bodies. Note that Pursuant to Florida Statutes 266.0105, a person who decides to appeal any decision made by a Board, Agency or appeal - Commission wah 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 0'a testimony and evidence upon which the appeal is to be based AD7c To request a modification to a policy, practice or procedure or 10 request an auxiliary aide or service in order to participate in a City program, activity ar event, you must on or before 4;00 p.m. 3 business daysl before the meeting deliver your request to the City Clerk by telephone: 305- 722-8686 (voice) or 305-442-1600 (LfY/TDD) or by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@souihmiamifl.gov. 5129 20-59/0000471784M 313 al 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.Rov). 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. 47 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. 48 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 PB-20-011, PB-20-012, P13-20-013, and PB-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 49 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 Ciity'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 671h 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 50 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 62"d 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. 51 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 52 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 1(Ruiz) Mr. Borges: Yes Mr. Miller: Yes 53 Mr. Jacobs: Yes Mr. Baldwin: Yes Mr. Corey: Yes Ms. Bonich: Yes Ms. Ruiz: No The motion to approve PB720-012 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 8 54 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 55 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 56 E�R�a box i� . S�'e s33SUv ��frn enn'° 3 FA �ff Az o 3 gg r- eR�RAaL�ai iG 's E3 g2 �c^n5N z = n"dZ Aa ge g�� 9 �� na8 -. aG�c3 ;' c"yc aYEg� a = ail ai d ,s R Yaa c$�a£z asti, aWEiFaAMUE S�bk ig _ _33 - sl ALLEY € a xrn•orw w' / 5 _ srssas•E sago' zs s,. v �.. M1 � ^ " it F � i L _ � p s . 0 iaiarnir� - § o� ' srOOrE ss0'0a _ € Ie�sF n xsuuo-so.cs•. I per, �a n s ,vsa.. _ .` S.W.62ndAVENUE mi� 57 0 01�N VONOIJ 'IMIW HlnOs lJ # a 3nN3AV PuZ9 VS OZb9 a Y O IIQNROdWOD 79 SOnxa 0314M Igg 3 @g d F y a 5 p5 pg Q gg °3�E B 9 :803 SNOT "MIV H01831NI V SNOLV013100N 31lS 11 ��i i1d 69 N $k • Y !E� yy Y F �qq�e➢Fi � i r�p 0 F p �qR � gF �pf s � NI§ua�r CVl£C d0INOI-A 'INVI N Hinos rs > 3nN3Ad PUZ9 A'S OZti9 a N $ � I :803 SN011 3il 01 I I I I t21 d 2i 2131N1 SNO 1d0 .� a0W 31 S o o rulunuunfWununnnntlut• } - s s � O C 1 i ! Mw i a 1 i ii 1 T s lip b � � 8 F • g� 8i ?APB S M amnrruuoltrrununl: _ 1 - r t� C _ V fYl ■ :�IttltlttltltlftltltlltttlllntlllltnlWlttttlpltWp/1l[tllnlp[Wpltfllt• _aUlt[InU[i1tUlUfWW l� WfpfplfptlWttttmltt MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday. Sunday and Legal Holidays Miami. Miami -Dade County. Florida STATE OF FLORIDA COUNTY OF MIAMI-0ADE: 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 CITY COMMISSION - JUL. 21. 2020 in the XXXX Court, was published in said newspaper in the issues of 07/10/2020 gOil � ta0artl'oa+Qcs+ ' 1927 t" tOILt CITY OF SOUTH MIAMIs FLORIDA _ NOTICE,.".. T"P.J!,�i�L�C: OF ���ETWRL MEETINGOF,'THE,CiTY-COMMISS in accordance WM City of- Soo Miami Code, Chapter 286.011, Fla. Stat, and Executive Oder Number 20 0,.the City will be holding its City Commission Meeting VIRTUALLY. The meeting Is scheduled to begin on Tuesday. July 21, 2020 at 7:00 a.rm to corisider thefollow€ng public hearing items: A Resolution relating. to a Variance application to reduce the RS zoning district spacing requlItm6ntfor a Pharmacy located at 6420 SW 62 Avenue. Afftant 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•spaeing requirement for a Pharmacy located County. Florida and that the said newspaper has heretofore at 6420 SW 62 Avenue. been continuously published in said Miami -Dade County, Florida A Resolution relating to a Variance application to allow a drive-INduive- each day (except Saturday. Sunday and Legal Holidays) and through for a Pharmacy located at 642D 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 642D SW 62 Avenue. copy of advertisement: and affiant 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, 2020, any discount, rebate. commission or refund for the purpose of national :elections, to amend the City. Charter, Article 11, SECTION 6, securing this advertisement tot pubftaUan in the said subset:06lb Vothig,Proceduli9, to reduce the number of votes necessary newspaper, to make land use and`aevelopmi n* regulations less restrictive, throughout the City, from 5 to 4 votes. amttlx) A Resolution of the Mayor andZity Commission for the City of South Miami, Florida, plactng-a question on ballot for the Tuesday, November 3, 2020, national elections, to amend the City Charter, Article V, SECTION 2, Sworn to and subscribed before me this titled °General Elections" Subsection A. titled *The' to change the CWs t t3 of Ju D. 202o general election from February to the same time as the natiQl elections In November. " • An Ordinance related to the fee schedule; amending Ordinance Dg-20.2385 to (SEAL) revise descriptive language, to add new fees, and to delete fees related to various programs, rentals and memberships. GUILLERMO GARCIA personally, kn 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. 701i,;� - CHRISTH�3, 0 4N R:�VIk Commission k lit; 27777t An Ordinance amending the City of South Miami Land Development Code, Expirzs I�'oven;her i9, 2Q22 Article V, titled 'PROCEDURES AND APPLICATIONS', Section. 2D-.16, °` i; ° Ecn� 17h: s Ir_y Faia Irssurn,�, 6� titled 'Unity of title submittal and procedures.° .. 9.385-7o � c, l9 I Mee iyi3 of 4� Gay Cpvnm,'Ss1©�1 An Ordtnence amending tho City of South Miami Code of Ordinances, Chapter 16' titled "PENSIONS' Article II, tilted "CITY PENSION PLAN", Soctlon.'16-20., titled 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 (h[tps7hoom.�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 ht ON -A w.southmiamifLaov/580/Pu o-M(Letines-Notices, Anyone who wishes to review pending application and supporting documentation in Person must make an appointment by calling 305-663-6340. Please note that Governor DeSantfs'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, each as telephonic and video conferenong such as Zoom for meetings of local qw0 m d bodies, Note "at pursuant to Florida Statutes 286.0105, a person who decitles to appeal any decision made by a Beartl, Agency or Commission with respell to any maser considered at its meeh or hearing, a record of the proceedings will be required for said appeal antl such parson will be required to have a verbatim transcript of the proceedings including the testimony antl evidence upon which the appeal is to be based ADA: To request a read 'call. to a policy, practice ore or to request an auzliary aide w service in order to padictipale in a City program, activity or event, you must on or before 400 p.m. 3 but days before the meeting (net counting the doy of the meeting) deliver your request fo the City Cie by telephone: 305-722-8686 (voice) 0,305 r 305-412-1G00 (1T'/LDD) or by mail al 6130 Sunset Drive, South Miami, Florida or email at npaynegsouthmiami0.gov. Nkenga A Payne, CfdC 7/10 City Clerk 20-4310000477704M