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Ord No 10-21-2400ORDINANCE Np._10=.21-2400 An Ordinance amending Section 20-3.3(E) of the City of South Miami Land Development Code to permit Outdoor Seating/Dining on properties located contiguous to the Hometown District Overlay and that are in the NR Neighborhood Retail, RO Residential Office and in the Medium Density Multi -Family Residential (RM-24) zoned districts, subject to conditions, additional regulations, definitions, clarification of uses and to provide suspension and revocation procedure. WHEREAS, the City of South Miami (the "City") currently permits outdoor dining/seating within all commercial properties, except for properties in the RO Residential Office Zoning District and NR Neighborhood Retail Zoning District that are outside the Hometown District Overlay Zone (HD); and WHEREAS, the City adopted the Hometown District Overlay Zone (HD) in order to implement regulations characteristic of traditional downtowns, to enhance the City's community identity and sense of place, and to encourage a mix of uses; and WHEREAS, an appropriate mix of uses in the Hometown District Overlay Zone (HD) is encouraged by requiring the integration of office, retail (including restaurants) and residential within the same development; and WHEREAS, ensuring a mix of uses can be enhanced when multiple contiguous properties are developed together as a unified development site, irrespective of whether all such properties are within the HD zone; and WHEREAS, the City currently permits restaurants and outdoor dining/seating on properties within the Hometown District Overlay Zone (HD), and WHEREAS, the City has an obligation to its residents to safeguard their quiet enjoyment of their own property and their right to be free from sounds that disturb their peace and tranquility, and WHEREAS, noise, even at lower levels, can cause sleep disturbances, communication interference, annoyance, and stress -related illnesses. See Cowan, supra n. 3, at 1; see World Health Org., Guidelines for Community Noise, Executive Summary pt. 3. http://www.who.int/docstore/peh/noise/ComnoiseExec.htm (accessed May 19, 2005) (offering a detailed discussion of the various adverse effects of noise)' and WHEREAS, noise can cause economic and social harm including diminished work and school productivity, decreased levels of concentration, declining property values, and stress -induced depression or violence. See Leif, supra n. 10, at 601-603. Leif points out that noise pollution costs the public billions of dollars annually due to increases in workplace absenteeism and accidents and decreases in worker productivity. Id. at 601. Additionally, Leif states that it is not uncommon for people to respond with violence and anguish when persistent noise threatens the sanctity of their homes. Id.; see also footnote 1; and COMMENTS A LINE IN THE SAND: FLORIDA. https://www.stetson.edu) law) media > document Page 1 of 5 Ord. No. 10-21-2400 Ord. -No. .1 0-21-2400 WHEREAS, to encourage an appropriate mix of uses on a unified development site consisting of HD -zoned properties and RM-24-zoned properties, the City desires to modify Section 20-3.3(E) of the Land Development Code to permit outdoor dining/seating on RM-24 zoned properties that are contiguous to and unified with properties within the Hometown District Overlay Zone (HD), under specific conditions and adequate regulation; and WHEREAS, on April 13, 2021, the Planning Board considered the Ordinance, and following a public hearing unanimously recommended approval of the Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE 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. Section 20-3.3(E) of the City of South Miami Land Development Code is hereby amended to read as follows: 20-3.3 - Permitted use schedule. (E) Outdoor Seating/Dining. (1) Outdoor seating/dining she is permittedfer on all commercial properties located anywhere in the City with the exception of commercial properties located on RM-24 (Medium Density Multifamily Residential) zoned districts which are located within the Hometown District Overlay Zone (HD) and in the NR Neighborhood Retail and the RO Residential Office zoning districts. Outdoor seating/dining is only permitted in the NR Neighborhood Retail, the RO Residential Office and RM-24 (Medium Density Multifamily Residential) zoned districts if they ~.:ire located within or continuous to the Hometown District Overlay Zone (HD) and operate under the following conditions: (a) Outdoor seating/dining is only allowed if the business that is seeking a permit for this use enters into an agreement with the City to comply with all of the conditions set forth in this subparagraph (1); (b) The permit is not transferable; (c) exeept for- these e -d prepef4ies that are leeated outside of the Hometown Distr-iet. Over -lay Zone (HP) and tha4 are zened RQ Residenti-al Of -flee Zening Distr-iet or- that are NR Neighbor -heed Residential Zoning Distrtietwill only be pefmiaed if (1) The use ism a street tdoes not Aabut a single-family dwelling, two-family dwelling or townhouse fesi a tial district• 7 (d) {24 ,-esideree the use is acoustically well -buffered so that no sound emanating from within the building that services outdoor dining is plainly audible at or inside the property line of any property that is a single-family, two-family or townhouse, with the exception of intermittent sounds of short duration associated with Page 2 of 5 Ord. No. 10-21-2400 Ord, flo. 10-21-2400 doors being opened between a building that services outdoor diningand nd any outdoor dining �• .r.ntnr�no �r tin situated n the ntt•aot• area s , b being between -�� , and (e) 0) the use has no e taoer- speakers o« outside amplified musie owner of the property and operator of the business do not allow outdoor music or singing or the use of any device that emits sound, including but not limited to outdoor electronic speakers, handheld electronic devices, or musical instruments, by anyone, including customers, if the sound is plainly audible at or inside the property line of any property on which there is a townhouse, single-family dwelling or a duplex two-family dwelling), (f) If the property is outside of. but contiguous to, the HD, it must be unified with a property that is within the HD and the owner must have recorded a Unity of Title as to those parcels. (2)A permit application for outdoor seating and dining or a sidewalk cafd on public property or on public rights -of -way or on private property contiguous with a public right-of-way, must be filed with the Planning and Zoning Department and approved by the City Manager prior to such use. The application shall must include a layout (site plan) of the location of all tables, chairs (including number and type of chairs), benches, and other furniture; pedestrian ingress and egress; location of refuse containers; location of approved outdoor speakers; and other elements necessary to illustrate the proposed outdoor seating/dining use and area (all drawings must be titled, indicate orientation, and be at an acceptable scale). If applicable, the site plan must clearly indicate which seats and tables are on private property and which are on the public right-of-way. The City Manager shall may require that an amended site plan be submitted in order to address specific problems. At least seven (7) days prior to the City's Manager's decision on an application for a property that is zoned NR Neighborhood Retail, RO Residential Office or RM-24 that is locate in or contiguous to and lee tea within the Hometown District Overlay Zone (HD)_ the City shA must post a sign on the subject property which identifies the nature of the pending application and the means by which questions or comments on the application may be directed. The City Manager shall must consider any comments received by the public prior to issuing a decision on the application. (JThe following words, terms and phrases, when used in this code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abut or Abutting means that one lot or parcel is contiguous with another lot or parcel or separated only by a right of way. Applicant means the person or entity that applies for a permit. Code compliance officer means the code compliance officers, or any other authorized agent or employee of the City whose duty it is to assure compliance with the City's Land Development Code or the City's Code of Ordinances. Page 3 of 5 Ord. No. 10-21-2400 Ord. No. 10-21-2400 Commercial Properties means real estate that is used for business activities but not including residential properties located in any residentially zoned districts other than RM-24 and they are in or contiguous to the Hometown District Overlay Zone. (57) An outdoor seating/dining permit may be revoked or suspended by the City Manager. (aa,) Suspension. The Citmanager may suspend a permit for 30 das upon a finding that one or more conditions of these regulations have been violated or that the sidewalk cafe/outdoor seating and dining area is being operated in a manner that is inconsistent with the approved site plan or constitutes a public nuisance, or in any way constitutes a reasonable risk of injury to persons or damage to property or potential liability to the City provided the following conditions are met: (i) the City Manager has given the business and property owner a prior written Notice of Civil Infraction of the violation (Citation): ii there is a subsequent violation that is the same or substantially similar to and that occurs within 12 months of the violation for which the first Notice of Civil Infraction (Citation) was issued; (iii)the manager gives the violator reasonable notice of the suspension or termination hearing; iv the violator is given a reasonable opportunity to be heard and to cross examine witnesses; (v) The manager finds by competent substantial evidence that this Subsection was violated (Substantiated Violation); vi In lieu of a hearing held by the City Manager, the manager may suspend the permit if the owner of the property or business owner of the outdoor seating/dining fty has been found to have violated this Subsection (Substantiated Violation ) by the Cit Special Magistrate in accordance with the procedure set forth in Section 2-25 of the City's Code of Ordinances. (� Revocation. The CitManager may revoke the permit if there have been three (3) or more Substantiated Violations, within any 30-day period of time. (c) Appeal. A decision by the City Manager to revoke-er suspend (including a suspension due to a noise violations governed by this Subsection Q) or revoke a permit for failure to comply with the one or more conditions or regulations may be appealed by the permittee to the City Commission pursuant to the appeal procedure set forth in Section 13-105 of the City's Code of Ordinances. Notwithstanding anything contained in Section 13-105. Aan appeal must be filed with the City Clerk within thirty (30) days of receipt of written notice of the City Manager's decision. An appeal of the City Manager's decision does not stay the implementation of the City Manager's decision. The City Commission shall must hear and enter a decision within sixty (60) days from the date the appeal is filed. The City Manager's decision shall must be in writing and indicate the grounds for his action and the provisions of the City's Code that have been violated, if any, and/or wha4 the public nuisance or risk upon which or-ediea4ed the decision of the City Manager was predicated. Page 4 of 5 Ord. No. 10-21-2400 Ord.'No. 10-21-2400 Section 3. Corrections. Conforming language or technical scrivener -type corrections may be made by the City Attorney for any conforming amendments to be incorporated into the final ordinance. Section 4. Codification. The provisions of this ordinance will become and be made part of the City of South Miami Land Development Code as amended; that the sections of this ordinance may be renumbered or re -lettered to accomplish such intention; and that the word "ordinance" may be changed to "section" or other appropriate word. Section 5. 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 6. 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 will not affect the validity of the remaining portions of this ordinance. Section 7. Effective Date. This ordinance will become effective upon enactment. PASSED AND ENACTED this I` day of June, 2021. ATTEST: APPROVED: CIT LE MAYOR I" Reading - 5/18/21 2"d Reading - 6/1/21 READ AND APPROVED AS TO FORM: COMMISSION VOTE: 5-0 iUA , LEGALITY, AND Mayor Philips: Yea U N THEREO Commissioner Harris: Yea Commissioner Liebman: Yea D Commissioner Gil: Commissioner Corey: Yea Yea ATTORNEY Page 5 of 5 Ord. No. 10-21-2400 Agenda Item No:2. City Commission Agenda Item Report Meeting Date: June 1, 2021 Submitted by: Thomas Pepe Submitting Department: City Attorney Item Type: Ordinance Agenda Section: Subject: An Ordinance amending Section 20-3.3(E) of the City of South Miami Land Development Code to permit Outdoor Seating/Dining on properties located contiguous to the Hometown District Overlay and that are in the NR Neighborhood Retail, RO Residential Office and in the Medium Density Multi -Family Residential (RM-24) zoned districts, subject to conditions, additional regulations, definitions, clarification of uses and to provide suspension and revocation procedure. 3/5 (Commissioner Liebman) Suggested Action: Attachments: Cover Memo Outdoor Dining Amendment.docx Ord outdoor dining in RM-24CArev2Clean updated 04142021awCArev(4).docx Draft 138 Regular Meeting Minutes - 04-13-2021.pdf MH Ad.pdf CITY OF SOUTH MIAMI South Miami OFFICE OF THE CITY MANAGER THE CRY OF PLEASANT LIVING INTER -OFFICE MEMORANDUM To: Honorable Mayor and Members of the City Commission VIA: Shari Karnali, City Manager FROM: Jane K. Tompkins, AICP, Planning Director DATE: May 18, 2021 SUBJECT: An Ordinance amending Section 20-3.3(E) of the City of South Miami Land Development Code to permit Outdoor Seating/Dining on properties located contiguous to the Hometown District Overlay and that are in the NR Neighborhood Retail, RO Residential Office and in the Medium Density Multi -Family Residential (RM-24) zoned districts, subject to conditions, and to clarify these uses. BACKGROUND: Outdoor seating/dining is permitted on all commercial properties except those zoned Residential Office (RO) outside of the Hometown District Overlay. Properties zoned Neighborhood Retail (NR) are permitted to have outdoor seating/dining under certain conditions. The parcel known as 7435 SW 61 Avenue has been joined through a unity of title with the smaller lot immediately to the east (folio 09-4036-0030-0010). Both properties are zoned Medium Density Multi -Family Residential (RM-24); however, the eastern lot is within the Hometown District Overlay and the other property is outside the overlay. Development plans have been approved by the City for a mixed -use project consisting of a multi -family residential building and a separate commercial building on the property within the Hometown. The developer wishes to include a small restaurant in the commercial building but would be prevented by the code from offering outdoor seating/dining on the larger lot, as RM-24 is not considered a commercial zoning category. Consequently, they have sought support for an amendment that would allow outdoor dining on RM-24 properties that are within or contiguous to the Hometown. Staff has taken this opportunity to propose other changes as well, including a correction to eliminate outdoor uses from NR outside the Hometown and to expand the provisions regarding the revocation and suspension of outdoor dining permits. REQUEST: To amend Section 20-3.3(E) to (1) allow outdoor seating/dining on NR, RO, and RM-24 zoned properties within or contiguous to the Hometown District Overlay with conditions and (2) clarify that outdoor seating/dining is not allowed in Residential Office or Neighborhood Retail outside of the Hometown. F Amendment re outdoor seating/dining May 18, 2021 Page 2 of 2 ANALYSIS: The proposed amendment will create an opportunity for outdoor dining/seating at restaurants on RM-24, NR, and RO zoned properties within or contiguous to the Hometown. The restaurants would be subject to several conditions aimed at limiting the noise generated by such uses. The ordinance also clarifies that outdoor seating/dining is not allowed in the RO and NR districts outside of the Hometown. These districts are primarily located along Red Road (SW 57th Avenue), SW 62nd Avenue and Sunset Drive. PLANNING BOARD RECOMMENDATION: The Planning Board unanimously recommended approval of the proposed ordinance after a public hearing on April 13, 2021. STAFF RECOMMENDATION: Staff recommends approval of the proposed ordinance. Attachments: • Draft Ordinance • Planning Board Meeting Minutes (April 13, 2021) • City Notice of Public Hearing • Legal Ad 3 CITY OF SOUTH MIAMI PLANNING BOARD Regular Meeting Minutes Tuesday, April 13, 2021 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 on 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 - a city board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at public meetings, representatives of a neighborhood association without compensation and representatives of a not -for -profit community based organization for the purpose of requesting a grant who seek to influence without special compensation. Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the meeting can be found on the city's website (www.southmiamifl.gov). I. Call to Order Action: Ms. Ruiz called the meeting to order at 7:00 P.M. Mr. Pepe provided the Board and public with the rules for the meeting. II. Roll Call Board Members Present Constituting a Quorum: Ms. Mary Ann Ruiz (Chairperson), Mr. Orlando Borges, Mr. Lee Jacobs, Mr. Brian Corey, Mr. Bruce Baldwin, Ms. Lisa Bonich, Mr. Basu. 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 1 10 1. Introduction of New Planning Board Member Ms. Ruiz introduced the Board to Mr. Subrata Basu, the new Planning Board member. 2. Election of Chairman and Vice -Chairman The Board held a discussion on the election of Chair and Vice -Chair. Mr. Borges nominated Mr. Brian Corey for Chair and Ms. Lisa Bonich for Vice Chair. Mr. Jacobs attempted to nominate Ms. Ruiz as Chair, but Mr. Pepe informed him that per the Land Development Code (LDC) regulations, she couldn't serve as Chair again. Pursuant to Section 20-6.1(13)(2)(b) of the LDC, the Board shall elect from its membership a Chairman and Vice -Chairman for one (1) year non -successive terms. Mr. Pepe informed the Board that he was advised that the election should be postponed until after the City Commission election since two (2) of the current members are running. Ms. Ruiz stated that she would make the motion to defer the item until after the election is held. Motion: Ms. Ruiz moved to defer the Chair and Vice -Chair elections to the next Planning Board meeting. Mr. Corey seconded the motion. Mr. Borges informed the Board that the elections should have occurred two (2) months ago and it should not be postponed any further. Vote: Yes 4. No 3 (Borges, Corey, Bonich) Mr. Borges: No Mr. Corey: No Ms. Bonich: No Mr. Baldwin: Yes Mr. Jacobs: Yes Ms. Ruiz: Yes Mr. Basu: Yes The motion to defer the Chair and Vice -Chair elections was approved by the Board. IV. Public Hearings: 1. PB-21-004 Applicant: The City of South Miami An Ordinance amending Section 20-3.3(E) of the City of South Miami Land Development Code (LDC) to permit Outdoor Seating/Dining on Medium Density Residential District (RM-24) properties contiguous to the Hometown District Overlay, subject to conditions, and other modifications to this Section of the LDC. Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director) Ms. Ruiz read PB-21-004 into the record. Ms. Tompkins informed the Board that the title for the item needed to be amended by the Board. Ms. Tompkins then read the following revised title from the staff report into the record: 2 11 An Ordinance amending Section 20-3.3(E) of the City of South Miami Land Development Code to permit Outdoor Seating/Dining on properties located contiguous to the Hometown District Overlay and that are in the NR Neighborhood Retail, RO Residential Office and in the Medium Density Multi - Family Residential (RM-24) zoned districts, subject to conditions, and to clarify these uses. The Board voted to amend the title for the item. Motion: Ms. Ruiz moved to amend the title for PB-21-004 to the reflect the statement that the Planning Director (Ms. Jane Tompkins) made and the title in the staff report. Ms. Bonich seconded the motion. Vote: Yes 7. No 0 (None) Mr. Corey: Yes Ms. Bonich: Yes Mr. Jacobs: Yes Ms. Ruiz: Yes Mr. Basu: Yes Mr. Borges: Yes Mr. Baldwin: Yes The motion to amend the title for PB-21-004 was unanimously approved by the Board. Ms. Tompkins presented the item to the Board. Ms. Tompkins then informed the Board of some non -technical changes that needed to be made. The Chairperson opened the floor to public comments on 1313-21-004. • Chad Friedman Mr. Friedman informed the Board that he was at the meeting on behalf of the owner of the property that was referenced in the presentation from Ms. Tompkins. He then informed the Board that he and his client are in full support of the item. The Chairperson closed the floor to public comments on PB-21-004. Mr. Jacobs requested a response from Staff on the ongoing noise issues caused by the business on SW 62"d Avenue. Ms. Tompkins responded that the ordinance was drafted with those issues in mind and the intent of the ordinance is to prevent a similar situation in outdoor dining areas. Mr. Pepe informed the Board the draft ordinance doesn't run with the land or the business. Each business is required to apply for outdoor seating and must agree to the conditions of the ordinance. Mr. Corey stated that these types of business need this use of the property to survive in a post pandemic society. He then asked if that was part of the onus for creating the ordinance, to which Mr. Pepe stated yes. 3 12 Mr. Borges asked if the City and the Planning Department were recommending approval of the draft ordinance, to which Ms. Tompkins stated yes. Mr. Borges then thanked staff for their hard work and placed a motion to approve the item as is. Mr. Basu stated that the specific works well with the draft ordinance. He then asked how many instances there were of single-family homes that abut the RM-24 zoning district. Ms. Tompkins stated that the ordinance would not allow outdoor seating in that situation. Ms. Ruiz voiced her concern that noise can travel regardless of there being a fence. Ms. Tompkins responded that portions of the ordinance were drafted pretty tightly to address situations where noise can travel. Ms. Bonich asked if the noise that falls under the draft ordinance would be noise from talking. Mr. Borges requested that Mr. Friedman respond to questions regarding his clients' future tenant. Mr. Friedman responded that the type of use will be either a small coffee shop, cafe, or ice cream shop. Mr. Baldwin informed the Board that Sunset Tavern/Deli Lane has bands that come and play music. He then asked if there was anything that would restrict the business from allowing music. Ms. Bonich stated that the ordinance would limit outdoor music. Mr. Pepe added that these regulations would only apply to properties in specific zoning districts. Ms. Ruiz then asked if there were any restrictions against music being played indoors, to which Mr. Pepe stated no. With no further discussion, the Board made a motion on the item. Motion: Mr. Borges moved to approve PB-21-004 with staff's changes. Ms. Bonich seconded the motion. Vote: Yes 7, No 0 (None) Ms. Bonich: Yes Mr. Basu: Yes Mr. Jacobs: Yes Mr. Corey: Yes Mr. Borges: Yes Mr. Baldwin: Yes Ms. Ruiz: Yes The motion to approve PB-21-004 was unanimously approved. 1. PB-21-006 Applicant: The City of South Miami An Ordinance amending Land Development Code Sections 20-2.3 Definitions and 20-3.6(W) concerning Solar Requirements Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director) Ms. Ruiz read PB-21-006 into the record. 13 Ms. Tompkins presented the staff report to the Board. The Chairperson opened the floor to public comments on P13-21-006. • Dr. Philip Stoddard: Dr. Stoddard informed the Board that he opposed the ordinance. He then provided the Board with his comments on the proposed changes. The Chairperson closed the floor to public comments on P13-21-006. Mr. Corey responded that he was disappointed in the request because he was proud that the City pioneered legislation that would help the City meet its carbon initiatives. He then stated that he understood reasons why someone wouldn't want solar but couldn't understand reasons why someone wouldn't want to contribute to the City's goal to reduce carbon emissions. He then stated that he would like to remove the legislation pertaining to the cool roof option. That way the City can stay on track to meet its goals for carbon emissions. Mr. Borges asked Dr. Stoddard for his recommendation on the how draft ordinance should be done. Dr. Stoddard responded that he would create the Solar Fund and would allow people to contribute to it, but not as a way to save money. He wouldn't exempt historic districts and would require that if a historic building is expanded by more than 70%, then they could contribute to the Solar Fund as well. Mr. Borges then asked Dr. Stoddard that if he suggested a motion to table the item, would he be able to work with the City on revising the draft ordinance. Dr. Stoddard stated that because he was the named by the City Commission as the special envoy for climate and sustainability, he would be able to assist in revising the draft ordinance. Mr. Jacobs asked why there was no consideration for solar water heaters. Dr. Stoddard responded that solar water heaters aren't as efficient as other products that are currently on the market. Mr. Pepe stated that the original draft of the ordinance included solar water heaters and includes a requirement for a minimum amount of solar thermal system. Ms. Bonich stated that not every homeowner in the City feels the same about solar panels or carbon footprint. While the City wants to push the initiative to have solar panels on every house, this item came about because there have been enough complaints from residents stating that there needs to be an alternative. The City needs to listen to their residents. Mr. Basu asked what the extent of the problem was regarding solar panels. He then stated that in most circumstances, it is the developers that are complaining about the solar panel regulations because they don't want to spend the money required to install the equipment. Last, Mr. Basu asked what the delta of the cost for putting a solar system in a $300,000 - $400,000 home. Without that information, it is very difficult to decide on the item. Mr. Corey added that it is good to provide options for the residents, but more information is needed to ensure that the options are practical. Mr. Basu then explained what the proposed options were and closed by saying that a Fund can be misused because the municipality doesn't know how to properly use the money. 14 Ms. Bonich then asked if there were any way to find out how many other cities require solar panels as part of their building process. Ms. Tompkins responded that she could not provide an exact number on the amount of complains that were received. She then stated that while Mayor Philips and the City Manager's office have both received complaints about the requirement, Planning and Zoning hasn't received any. She stated that she did not know who the main party of complainers were. Last, Ms. Tompkins stated that she is still researching the installation cost, but it appears to be approximately $15,000-$20,000. She then stated that when this item appears before the City Commission, there will be a companion ordinance that will set the Solar Fund fee in the City's Fee Schedule. At that time, they will determine what the exact rate of contribution will be. Ms. Tompkins stated that in 2017, the City was the first in the state to have the requirement. She then stated that while there are a number of Cities in California that require solar panels now but couldn't state how many in the country were requiring them. Ms. Bonich asked if there was a way to trade off solar panels for something else. Ms. Tompkins stated that the Florida Building Code already includes an energy conservation requirement built into development and because South Florida has one of the most restrictive building codes in the Country. Because of that, she stated that she would be wary of writing in adding additional requirements without a lot of structural engineering expertise. Mr. Borges stated that Mr. Basu made some very good points about developers. He then stated that the City needs both. They beautify the City and keep the carbon footprint down. With no further discussion, the Board made a motion on the item. Motion: Mr. Borges moved to table PB-21-006 so that Dr. Stoddard could work with Staff that would benefit the City in his opinion. Mr. Corey seconded the motion. Vote: Yes 7. No 0 (None) Mr. Basu: Yes Mr. Borges: Yes Ms. Bonich: Yes Mr. Jacobs: Yes Mr. Corey: Yes Mr. Baldwin: Yes Ms. Ruiz: Yes The motion to table PB-21-006 was approved unanimously. 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 Ms. Tompkins spoke to the Board about their feelings on returning to in person meetings. After discussing the request, the Board as a whole stated that they were fine to meet in person. 15 Mr. Basu asked if the Board was off during the summer months to which Ms. Tompkins stated no. Ms. Bonich asked if Board members could call in if they were unable to attend the meeting, to which Mr. Pepe stated yes. Mr. Corey asked if the Board will still use a form of video streaming service to conduct their meetings once they go back to meeting in person. Ms. Tompkins responded that she wasn't sure but would discuss the question with the City Manager. The Board held a discussion on in person quorum requirements with the City Attorney. The Chairperson opened the floor for public comments and any new business. VI. Approval of the Minutes 1. Planning Board Regular Meeting Minutes of February 9, 2021: Ms. Ruiz moved to approve the meeting minutes as presented. The motion was seconded by Ms. Bonich. Vote: Yes S. No 0 (None) Ms. Bonich: Yes Mr. Basu: Abstained Mr. Jacobs: Yes Mr. Corey: Yes Mr. Borges: Yes Mr. Baldwin: Abstained Ms. Ruiz: Yes The motion to approve the meeting minutes was unanimously approved by the Board. VII. Future Meeting Date: May 11, 2021 Vill. Adjournment The meeting was adjourned at 8:20 P.M. 16 III Pry MA 23 )uP I :IFIFpIIMRi I 21SE ♦�-r ! �y. a +as!%_ . , r vd— za Eoo�� 7�1�1 i CITY OF SOUTH MIAMI, FLORIDA CITY COMMISSION n NOTICE OF PUBLIC HEARINGS , eMa, m o larca• IM and to, the City nI South Me rry he norme, and mWrcI viral busecss dlaind the Covert .n ..m1. me time, tomary s.harld,-firorandbovere of it, eilbent. o111mn..0iokaAiMmimrinlm bell uW eumuanl GIY of Smith Mou" Cafe Chapter 286011. Fro Sal. Ile City s Ilea Ruk Fwmrs, and Coy Many activation are dune of emornuncy due to the Comoro-. tM CaVy,A be fervor its CiIYC MKSM Moore, VIRTMI ns media bou-sur, comIrntil " r, .1b rV eMddw her e rier d iarromn lot ebe nubMlryarry arrat Eaocttlw0mars. 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Sahara 2afi,0105. a nmome whe mrddn Io appeal any nothim media W n Hoard. ,:y ur Com with ros petinny...11.1 rnnsi ltu d al nrtlne ot nwnr bnerire It not of it'. mncmeminee rehulm l in, ..,it sooner antl wd, person will he repui,.d to have n -,been, hanamid nl one phorminlinaa It., In. naturally snot end.... umm wInch nrr..... I la to be evened, To rehueel a motlillcati.n he a mhI romm m or procedure or be request an auvilNry aid. or eorvbe In DMer IO ipala in a city program, activity or event. you mum on or before 4:00 p,m. 3 buslneee days before the meeting robin, In. day 01 In. m vem.) oiliwr your r.rueet In the Cry Cleh by telephone: 3054163.6340, by mall at Sunset Durd South Miami. Floeldu or email at npaMeQmuthmiumill.gw. Iumnnn A. Payne. eMe city cli enprvm.In"' tv liar edoutinu areeotu ",e,eclie tin omirence ereael liverrolo9➢41141 " a ••,ejeal olllw -.-be,. mmrntnp ,•^•r. ,n......m.111- n hmnrm an nlllrmatirc vnm.1. mnybeI ul u nuorllm arennm In nnv'na1.1 In -ev. nM' rlv llr nlnpl nnv e.nlulinn. rise It III �.`. „L.._.. v_3,F r,an.en..nmih,nldrrm MISS HAITI, MISS PUERTO RICO IN WYNWOOD At left: The Miss Universe contestant representing Haiti — Eden Berandoive, and Miss Puerto Rico — Estefania Soto Torres — strike up a conversation. They were among the 14 or so contestants who headed to Miami's Wynwood neighborhood on Tuesday for an event celebrating Diversity, Unity, and Community Empowerment and for a session with local photographers. Above Berandoive smiles after getting pampered. Pursuant to Section 33-310AAI0 of the Code of Miami - Dade County, the Assistant Director of the Department of Regulatory and Economic Resources has approved the following Substantial Compliance Determination: D2020000042: Wal-mart Stores East, LP, for a property located at B508 SW 24 Street, in Miami -Dade County, Radda. Plans entitled: "Wernart Supercenter d5854-232", prepared by CPI consisting of five (5) sheets dated stamped received March 8, 2021; building elevations by LKAmhitecture, Inc., consisting of one (1) sheet dated stamped received March 8, 2021; and floor plan by LgpmhitecWre, Inc., consisting of one (1) sheet dated stamped received December 23, 2020, were found to be substantially in accordance by the Department of Regulatory and Economic Resources with previous plans approved by Resolution CZAB10-74-n6, passed and adopted by Community Zoning Appeals Board 10 on December 12,2005. Any property owner In the area may appeal a decision by filing an appeal of an administrative decision application on or before. June 22, 2021. Additional information may he obtained by telephoning (305)375-2640.