Ord No 09-22-2430ORDINANCE NO. 09-22-2430
An ordinance amending the City of South Miami Land Development Code Sections 20-
2.3, 20-3.3(0), 20-3.4, 20-4.4, 20-7.12(C), 20-9.4 and 20-9.6 amending the definitions
and provisions related to residential care type uses.
WHEREAS, the Land Development Code (LDC) includes several provisions related to uses
that provide residential care for individuals needing various levels of personal care assistance
and/or therapeutic services but not hospitalization; and
WHEREAS, these uses are regulated by the State of Florida; and
WHEREAS, the State's terminology and definitions of these uses has changed over time
and the LDC is now out-of-date; and
WHEREAS, after a public hearing on March 8, 2022, the Planning Board voted six (6) to
zero (O) to recommend approval of the ordinance; and
WHEREAS, the City Commission desires to amend the Land Development Code provisions
regarding residential care uses.
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.
follows:
Land Development Code Section 20-2.3 is hereby amended to read as
Addition. Shall mean an extension or increase in floor area or height of a building.
Adult ceRgregflte liv-~Rg fsci!Jt)'. Shall ff'teaR a Ry ln1ildiRg or ln1ildiRgs, sectioR of a ln1ilaiRg or
aistinct part of a lauildiRg, resideRce, private hoffle, laoaraiRg hoffle, hoffle for the agea or otl=ler
place, whether operates for profit or Rot, which uRdertalEes through its o·,,mership or
ff'taRageff'teRt to proviae, for a perioa e*ceeaiRg tweRty four (24) hours, housiRg, food service
aRa oRe or ff'tore persoRal services for four (4) or fflore aaults, Rot relates to the owRer or
adffliRistrator lay lalooa or fflarriage, ·Nho require such seF\«ices aRa to pro·,iee lifflitea RursiRg
services, wheR specificall·; liceRsea to ea so pursuaRt to l=loriaa Statutes. A facility offeriRg
persoRal services or lin:eiteel RursiRg services for fo·Ner thaR four (4) adults is withiR the ffleaRiRg
of this defiRitioR if it forn:eally or iRforfflally ad•,ertises to or solicits the pulalic for resielents or
referrals aRd holds itself out to the pulalic to lae aR estalalishffleRt which regularly pro-.«ides such
services.
Page 1 of 7
Ord. No. 09-22-2430
Adult Family Care Home. Adult family care homes provide full-time, family-type living in a
private home for up to five elderly persons or adults with a disability, who are not related to the
owner. The owner lives in the same house as the residents. The basic services include, but are
not limited to: housing and nutritional meals; help with the activities of daily living, like bathing.
dressing, eating, walking, physical transfer. giving medications or helping residents give
themselves medications; supervision of residents; arrange for health care services; provide or
arrange for transportation to health care services: health monitoring: and social activities. Adult
family care homes are licensed and surveyed by the State of Florida.
* * *
Assisted Living Facility. Any building or buildings, section or distinct part of a building,
private home. or other residential facility, whether operated for profit or not, which undertakes
through its ownership or management to provide housing, meals, and one or more personal
services, for a period exceeding twenty-four (24) hours to one (1) or more adults who are not
relatives of the owner or administrator. Assisted living facilities are licensed and surveyed by the
State of Florida. Twenty-four-hour nursing supervision is not provided.
* * *
Community gardens. A piece of land that is used to grow and harvest only organic food crops
and non-food ornamental crops, such as flowers, produced without synthetic fertilizers,
insecticides or herbicides, by a group or organization for their use, consumption, donation, or
limited sale. This definition does not include a Bonafide Commercial Agricultural Use and it does
not include a use that would meet the Miami-Dade County Property Appraisers Office
requirements for an Agricultural Classification. A community garden may be divided into separate
plots for cultivation by one (1) or more individuals or may be operated collectively by members
of a group or organization and may include common areas maintained and used by group
members. (Ord. No. 07-20-2361, § 2, 2-4-20)
Community residential home. A dwelling unit licensed to serve clients of the 5tat-e
elepartment of cl=iilelren anel family sen,ices, Department of Elderly Affairs, the Agency for Persons
with Disabilities, the Department of Juvenile Justice, or the Department of Children and Families
or licensed by the Agency for Health Care Administration which provides a living environment for
seven (7) to fourteen (14) unrelated residents who operate as the functional equivalent of a
family, including such supervision and care by supportive staff as may be necessary to meet the
physical, emotional, and social needs of the residents." This term may include ael1::1lt congregate
living facilities (/\CLFs}, assisted living facilities (ALFs), and other comparable care and
rehabilitative facilities meeting the statutory definition, distance and separation requirements
(one thousand two hundred (1,200) feet from another existing community residential home; and
not within five hundred (500) feet of a single-family residential district). This category is restricteel
to persons who elo not req1::1ire special provisions f:or emergency e·,ae1::1ation.
Comprehensive plan. Shall mean the adopted Comprehensive Plan of the City of South
Miami.
Continuing Care Retirement Community (CCRCJ. CCRCs provide a variety of senior housing
options and services to meet the changing needs of its residents. Depending on the nature of the
community, senior housing options can typically include independent living, an assisted living
Page 2 of7
Ord. No. 09-22-2430
facility, and/or a nursing home. CCRCs allow residents to move from one level of care to another,
as needed, and essentially eliminates the need for residents to move to a different community
at a later age.
* * *
Nonconforming use. Shall mean the lawful use of land or a building or a portion thereof,
which use does not conform with the use regulations of the district in which it is located.
Nursing Home/Skilled Nursing Facility. An institution which undertakes to provide for a
period exceeding twenty-four-hours nursing service, personal care, or custodial care for three or
more persons not related to the owner or manager, who by reason of illness, physical infirmity,
or advanced age require such services, but does not include any place providing care and
treatment primarily for the acutely ill. A facility offering services for fewer than three persons is
within the meaning of this definition if it holds itself out to the public to be an establishment
which regularly provides such services. Nursing service means such services or acts as may be
rendered, directly or indirectly, to and on behalf of a person by individuals as defined in F.S.
464.003.
* * *
Penthouse. Shall mean any structure above the main roof of a building used for living,
professional or business purposes, or for housing elevator machinery and water storage tanks.
Each story of a penthouse except when used for machinery or storage for water is considered as
an additional story to the height of the building.
Personal services. Direct physical assistance with or supervision ofthe activities of daily living
and the self-administration of medication and other similar services. Personal services shall not
be construed to mean the provision of medical, nursing, dental or mental health services.
Section 3.
follows:
Land Development Code Section 20-3.3(D) is hereby amended to read as
USE TYPE I ZONING DISTRICT
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Ord. No. 09-22-2430
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Section 4. Land Development Code Section 20-3.4(8} regarding special use
requirements is hereby amended to read as follows:
Page4 of7
Ord. No. 09-22-2430
(13) ADULT CONGREGATE LIVING FACILITY FAMILY CARE HOME, ASSISTED LIVING FACILITY,
COMMUNITY RESIDENTIAL HOME, CONTINUING CARE RETIREMENT COMMUNITY, AND
NURSING HOME. All such uses shall comply with all applicable requirements of state law.
Section 5. Land Development Code Section 20-4.4{8) regarding special use
requirements is hereby amended to read as follows:
(18) 0.5 spaces per dwelling unit and number of beds in the nursing facility.
Section 6. Land Development Code Section 20-7.12(() regarding permitted and
special uses in the Hometown District Overlay is hereby amended to read as follows:
***
Dwelling, Multi-Family (1 + bedrooms)
Hotel
Community Residential Home
ft.dl-:llt CoAgreg. LiviAg l=acility*
CoAvalesceAt Mame
Section 7. Land Development Code Section 20-9.4 regarding the Community Service
Overlay District is hereby amended to read as follows:
Accessory use shall mean a building or structure, the use of which is subordinate and
incidental to the main building or structure, and is under the same ownership as the main building
or structure.
Adu# eengregete Jiving f:ed!-ity shall meaA aAy Bl-:lildiAg or Bl-:lildiAgs, sectioA of a el-:lildiAg or
distiAct part of a Bl-:lilding, operated as a ROA profit entity, which l-:IAdertakes throl-:lgh its o•,ynership
aAd FRaAageFReAt to prmi'ide, fer a period exceediAg tweAty fol-:lr (24) hol-:lrs, hol-:lsing, food
seF\«ice a Ad one or FR ore personal seni'ices for fol-:lr (4) or FR ore adl-:llts, not related to the
adFRinistrator 0·1 blood or FRarriage, wl=lo reql-:lire sl-:lch ser;ices and to pro\«ide liFRited Al-:lrsiAg
services, wheA specificall1/ licensed to do so pl-:lrsl-:lant to l=lorida Statl-:ltcs. ft. facility offcriAg
personal ser,ices or liFRited Al-:lrsing serJices for fe•1i.«er than fol-:lr (1) adl-:llts is within the FReaAiAg
of this definition if it forFRally or inforFRall•r advertises to or solicits the pl-:lelic for residents or
referrals and hold itself 0l-:lt to the f)l-:lelic to ec an estaelishFRent which regl-:llarl 11 provides Sl-:lch
seF\«ices.
***
Communit)' :=esif.lentie! heme shall FRcan an cstaelishFRcnt licensee to setve clients of the
DcpartFRent of Children and FaFRilics, which pro•;ides a living environFRent for unrelated
residents who operate as a fl-:lnctional eql-:li•;alent of a faFRily, incll-:lding Sl-:lch Sl-:lf>etvision and care
0·1 sl-:lpportive staff as may ee necessary to FReet the physical, eFRotional and social needs of
residents.
Page 5 of 7
Ord. No. 09-22-2430
***
Section 8. Land Development Code Section 20-9.6 regarding the Community Service
Overlay District is hereby amended to read as follows:
(A) The uses listed below are permitted by right within the district and are applicable to both
new and existing buildings, including accessory structures and accessory uses.
Permitted Use by Right Required Parking Spaces
Church, temple or synagogue 1 per 3 seating spaces
Commun it', residential home,* 6 persons or 2 per d1.•.1elling unit
tess
Day care center,* 7 children or more 1 per 250 gross square feet
Dwelling, single-family 2 per dwelling unit
Park or playground, public or private None
*under the ownership, management and control of a defined community service provider.
(B} The uses listed below are permitted via special use approval. Applicants shall follow the
procedures established for special uses, as set forth in subsections 20-5.8(B) through (F),
and shall follow those procedures for the required public hearings, as set forth in general in
Section 20-5.1 through Section 20-5.6.
Permitted by Special Use Approval Required Parking Spaces
,A,dult eongregate li 1.iing faeilit1,•* 2 per d11.ielling unit
Community residential home,* 7 persons or 2 per dwelling unit
ffi6fe
Adult Family Care Home 2 12er dwelling unit
Counseling services,* as defined under 1 per 250 gross square feet
Section 20-2.3
Funeral home,* per conditions under Section 1 per 300 gross square feet
20-3.4(8)(3)
School, elementary or secondary* 1 per 400 gross square feet
School, vocational or special programs* 1 per 400 gross square feet
*under the ownership, management and control of a defined community service provider.
Section 9. 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 for signature.
Section 10. Codification. The provisions of this ordinance are to become and be made
part of the City of South Miami Code of Ordinances as amended; the sections of this ordinance
Page 6 of 7
Ord. No. 09-22-243 0
may be renumbered or r e-lettered to accomplish such intention; and the word "ordinance" may
be changed to "section" or other appropriate word .
Section 11. Ordinances in Conflict. All ordinances or parts of ordinances and all
sections and parts of ord inances in direct conflict herewith are hereby repealed .
Section 12. Severability. If any secti on, 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 13. Effective Date. This ordinance is effective upon enactment.
PASSED AND EN ACTED THIS 19th day of April, 2022 .
ATTEST: APPROVED :
1st Reading: 4/5/22
2nd Reading : 4/19/22
READ AND APP ROVED AS TO FORM,
LANGUAGE, LE GALITY, AND
EXEC ~TION ;~
Cl
COMMISSION VOTE:
Mayor Philips :
Commi ssi oner Corey :
Commissioner Gil :
Commissioner Harris:
Commissioner Liebman :
Page 7 o f 7
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:5.
City Commission Agenda Item Report
Meeting Date: April 19, 2022
Submitted by: Jane Tompkins
Submitting Department: Planning & Zoning Department
Item Type: Ordinance
Agenda Section:
Subject:
An ordinance amending the City of South Miami Land Development Code Sections 20-2.3, 20-3.3(D), 20-3.4,
20-4.4, 20-7.12(C), 20-9.4 and 20-9.6 amending the definitions and provisions related to residential care type
uses. 3/5 (City Manager-Planning Dept.)
Suggested Action:
Approval
Attachments:
Cover Memo re Residential Care Facilities.docx
Ord._amending_residential_care_facilities_jkt040522__1_CArev.docx
MH Ad.pdf
PB-22-007 - Final PB Regular Meeting Minutes Excerpt - 03-08-2022.pdf
MDBR Ad.pdf
MH Ad.pdf
1
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
TO:Honorable Mayor and Members of the City Commission
VIA:Shari Kamali, City Manager
FROM:Jane K. Tompkins, AICP, Planning and Zoning Director
DATE:April 5, 2022
SUBJECT:
An ordinance amending the City of South Miami Land Development Code Sections 20-2.3, 20-
3.3(D), 20-3.4, 20-4.4, 20-7.12(C), 20-9.4 and 20-9.6 amending the definitions and provisions
related to residential care type uses
BACKGROUND:
The Land Development Code (LDC) includes provisions for Adult Congregate Living Facility(ACLF),
Community Residential Home (CRH), and Convalescent Home. Staff has discovered, though, that
there are several problems with these provisions. First, ACLF and CRH are defined in Section 20-
2.3, but Convalescent Home is not. Further, these types of uses are controlled by the State of
Florida.The State’s terminology and definitions havechanged over timebut the LDC has not kept
pace with the State’s changes. Finally, the LDC doesn’t address other types of facilities that are
also regulated by the state such as Adult Family Care Homes, Nursing Homes, and Continuing
Care Retirement Communities (CCRC). As a result of these problems, the LDC’s existing
regulations are unclear and difficult to interpret and apply.
ANALYSIS:
The proposed ordinance makes the following changes to the Definitions section of the code: (1)
deletes the definition for ACLF as it is no longer used; (2) amends the definition of CRH to match
the State’s; (3) adds definitions for Adult Family Care Home, Assisted Living Facility, Continuing
Care Retirement Community, and Nursing Home/Skilled Nursing Facility as these are the terms
and uses used by the state and commonly used in the industry; and (4) adds a definition for the
phrase Personal Services, which is used to describe the various uses.
Section 20-3.3(D), the Permitted Use Schedule and Sec. 20-3.4(B) Special Use Conditions are
amended to reflect the name changes listed above. A parking standard for these uses has been
added since none exist currently. Article XII Hometown District Overlay and Article XIV
Community Service Overlay are also amended to remove the more intensive uses from these
areas and maintain consistency throughout the entire code. Adoption of these amendments will
modernize and clarify the LDC and make it easier to apply.
2
THE CITY OF PLEASANT LIVING
Residential Care Facilities
April 5, 2022
Page 2 of 2
PLANNING BOARD RECOMMENDATION:
After a public hearing on March 8, 2022, the Planning Board voted unanimously to recommend
approval of the ordinance.
STAFF RECOMMENDATION:
Staff recommends approval of the proposed ordinance.
Attachments:
Draft Ordinance
City Notice of Public Hearing
Legal Ad
3
SUNDAY MARCH 27 2022 NEIGHBORS ...................................................................................................23SE
11
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function and conduct vital business during the COVID 19 pandemic and, at the same
time, to protect the health, safety and welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code,
Chapter 286.011, Fla . Stat, the City's Home Rule Powers, and City Manager's declaration of a state of emergency due to the Coronavirus, the City will be
holding its City Commission Meeting live in chambers and VIRTUALLY through communications media technology (GMT) until the state of emergency
has ended or social distancing is no longer required by any relevant Executive Orders. All Commission members will participate in Chambers or
by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https://zoom .us/j/3056636338) and
participate. At a minimum, at least three members of the City Commission will be physically present in the City Commission Chambers 1 and they will
be broadcast on the Zoom platform along with all other members of the Commission, City Staff and the public who may attend remotely from the
Commission Chambers and from other locations.
The meeting is scheduled to begin on Tuesday. April 5. 2022. at 7:00 p.m . to consider the following public hearing item(s):
A Resolution authorizing the City Manager to enter into a multi-year piggyback agreement with Compuquip Technologies, LLC, for a Forline!
firewall appliance for the South Miami Police Department, onto a piggyback agreement with National Cooperative Purchasing Alliance.
An ordinance amending the City of South Miami Land Development Code Sections 20-2.3, 20-3 .3(0), 20-3.4, 204.4, 20-7.12(C), 20-9.4
and 20-9 .6 amending the definttions and provisions related to residential care type uses.
An Ordinance authorizing the City Manager to execute an Amendment to the Lease Agreement wtth Mark Richman Properties (MRP)
for the purchase of MRP's rights to the parking operations as well as all parking revenue at the South Miami Municipal Parking Garage.
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 southmiamjfl goy/580/Public-Meetinqs-Notices . Anyone who wishes to review pending application, supporting documentation
or who desire to have documents made available for viewing by everyone during the meeting must contact the City Clerk by calling 305-663-6340.
Note that pursuant to Florida Statutes 286 .0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect
to any matter considered at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to
have a verbatim transcript of the proceedings including the testimony and evidence upon which the appeal is to be based .
ADA: To request a modification to a policy, practice or procedure or to request an auxiliary aide or service in order to participate in a City program,
activity or event , you must on or before 4:00 p.m. 3 business days before the meeting (not counting the day of the meeting) deliver your request to the
City Clerk by telephone: 305-663-6340, by mail at 6130 Sunset Drive, South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMG, FCRM
City Clerk
'The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041(4) ... A majorny of the members of the governing body shall constitute a
quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution . .,..
~
VILLAGE OF PINECREST
Public Notice
Notice is hereby given that the following ordinances will be considered on Second Reading by the Pinecrest
Village Council at a meeting to be held on Tuesday, April 12, 2021, 6:00 p.m., at the Pinecrest Municipal
Center/Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida.
AN ORDINANCE OF THE VILLAGE OF Pl NEC REST, FLORIDA, AUTHORIZING THE BORROWING OF MONEY
AND THE ISSUANCE OF DEBT IN AN AMOUNT NOT TO EXCEED $4,300 .000 FOR THE PURPOSE OF
FINANCING THE CONSTRUCTION, ACQUISITIONS, RENOVATION, AND EQUIPPING OF WATER MAINS
AND OTHER WATER DISTRIBUTION FACILITIES LOCATED WITHIN THE TERRITORIAL JURISDICTION OF
THE VILLAGE OF PINECREST, FLORIDA; AND PROVIDING AN EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF PINECREST, FLORIDA, AMENDING ARTICLE II, "NOISES;
UNNECESSARY AND EXCESSIVE PROHIBITED," OF CHAPTER 15 OF THE CODE OF ORDINANCES
RELATING TO PERMITTED HOURS OF OPERATION FOR POWER TOOLS AND LANDSCAPING EQUIPMENT
USED BY NON-COMMERCIAL ENTITIES AND COMMERCIAL ENTITIES; PROVIDING FOR CONFLICTS;
PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF PINECREST, FLORIDA, APPROVING THE INTERLOCALAGREEMENT
BETWEEN THE VILLAGE OF PINECREST AND CITY OF SOUTH MIAMI REGARDING REAL PROPERTIES
ALONG KENDALL DRIVE, LOCATED WITHIN THE MUNICIPAL BOUNDARIES OF BOTH THE VILLAGE
OF PINECREST AND CITY OF SOUTH MIAMI; PROVIDING FOR AUTHORIZATION; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
Interested parties are invited to appear and be heard -visit www.pinecrest-fl.gov/live for details. Copies
of the proposed ordinance may be obtained at the Pinecrest Municipal Center, 12645 Pinecrest Parkway,
Pinecrest, Florida 33156 or via e-mail by sending a request to derk@pinecrest-fl .gov.
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need
special accommodations to participate in this meeting because of that disability should contact the Village
Clerk at 305-234-2121 not later than two business days prior to such proceeding.
Should any person decide to appeal any decision of the Village Council with respect to any matter to be
considered at this meeting, that person shall insure that a verbatim record of the proceedings is made
including all testimony and evidence upon which any appeal may be based (F.S. 286.0105).
www.pinecrest-fl.gov
Priscilla Torres, CMC
Village Clerk
MIAMI-• Community Zoning Appeals Board
em 2022 Elections
Become involved in your community, Board Members help shape their community
by making zoning and land use decisions for a specified geographic area
Available Seats for 2022 Ballot:
Board 2 Board 11
(Northeast) (West Kendall)
Subarea-21 Subarea -At-Large
Subarea-23 Subarea -113
Subarea-24 Subarea -115
Subarea -At-Large Subarea -116
Subarea-26
Board 5 Board 12
(Count!} Club of Miami) (Kendall)
Subarea-51 Subarea -121
Subarea-52 Subarea -122
Subarea-53 Subarea -123
Subarea-54 Subarea -124
Subarea-55 Subarea -125
Subarea -At-Large
Board 7 Board 14
(Biscayne Shores) (Red land)
Subarea -7l(a) Subarea -141
Subarea -71 (b) Subarea -143
Subarea -72(a) Subarea -145
Subarea -72(b)
Subarea -73(a)
Subarea -73(b)
Board 8 Board 15
(North Central) (South Bay)
Subarea-81 Subarea -151
Subarea-83 Subarea -153
Subarea-85 Subarea -155
Subarea -At-Large Subarea -156
Board 10 Board 16
(Westchester) (Fisher Island)
Subarea -101 Subarea -161-A
Subarea -103 Subarea -161-B
Subarea -105 Subarea -161-E
Subarea -161-F
Elected Board Members shall, for at least six ( 6) months prior to qualifying, have been resident
electors of the board area for which they are qualifying, and, for at least three (3) years prior to
qualifying, resident electors of Miami-Dade County. Additionally, each elected Board Member
seeking to represent a subarea shall, for three (3) months prior to qualifying, have been a
resident elector of the separate subarea of the board area for which the Member is qualifying.
The qualifying period to run for the August 23, 2022 election begins at 8:00 a.m ., Monday,
June 13, 2022 through noon, Tuesday, June 14, 2022 . The qualifying office may accept and hold
qualifying documents submitted no earlier than 14 days prior (May 30, 2022) to the beginning of
the qualifying period. To verify the subarea of your residence, please contact the Department of
Regulatory and Economic Resources, Zoning Agenda Coordinator at 305-375-1244.
Should you have any questions or concerns that pertain to the qualification process,
please contact Miami-Dade County Elections Department, Campaign Qualifying Section at
305-499-8410. Miami-Dade County employees are not eligible.
For legal ads online, go to http://legalads.miamidade.gov
1
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting Minutes Excerpt
Tuesday, March 8, 2022
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 personn el, or members of the city commission or members of
any city board, concerning a matter that could foreseeably be address by the city commission or a city
board. There are some exceptions and exemptions. The following are not considered to be lobbyist: a
representative of a principal at a quasi-judicial hearing, experts who present scientific or technical information at
public meetings, representatives of a neighborhood association without compensation and representatives of a
not-for-profit community based organization for the purpose of requesting a grant who seek to influence without
special compensation.
Individuals who wish to view or listen to the meeting in its entirety, audio and video versions of the
meeting can be found on the city’s website (www.southmiamifl.gov).
I. Call to Order
Action: Ms. Bonich called the meeting to order at 7:01 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. Lisa Bonich (Chairperson), Mr. Jay Miller (Vice-
Chairperson), Mr. Orlando Borges, Mr. Subrata Basu, Mrs. Michelle Readon, and Ms. Guirla H.
Dodard.
Board Members Absent: Mr. Lee Jacobs.
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, Esq.
III. Administrative Matters
None at this Time
12
2
IV. Public Hearings:
1. PB-22-007
Applicant: The City of South Miami
An ordinance amending the City of South Miami Land Development Code Sections 20 -2.3, 20-
3.3(D), 20-3.4, 20-4.4, 20-7.12(C), 20-9.4 and 20-9.6 amending the definitions and provisions
related to residential care type uses
Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director)
Ms. Bonich read PB‐22-007 into the record.
Ms. Tompkins presented the item to the Board.
Mr. Miller asked if there were any applications in process that are tied up because of the proposed
changes, to which Ms. Tompkins stated no.
Mr. Miller asked if the City expects any changes or if anything is liberalized as a result of the
proposed legislation, to which Ms. Tompkins stated no.
Ms. Bonich asked if the proposed ordinance would reflect what the Waterstone Capital project
wanted. Ms. Tompkins responded that the Waterstone Capital project received a parking variance
from the City Commission because the standard in the Land Development Code (LDC) required a
large amount of off-street parking spaces. Ms. Bonich then asked if the logic regarding the parking
for the Waterstone Capital project was considered when the parking amendments for this item
was being developed. Ms. Tompkins explained her approach to how the parking requirements
were developed.
The Chairperson opened the floor to public comments on PB‐22-007.
• None
The Chairperson closed the floor to public comments on PB‐22-007.
With no further discussion, the Board made a motion on the item.
Motion: Mr. Borges moved to approve PB-22-007. The motion was seconded by Mr. Miller.
Vote: Yes 6, No 0 (None)
Mrs. Readon: Yes
Mr. Basu: Yes
Mr. Miller: Yes
Ms. Dodard: Yes
Mr. Borges: Yes
Ms. Bonich: Yes
13
3
The motion to approve PB-22-007 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 was no New Business.
The Chairperson closed the floor for public comments and any new business.
VI. Approval of the Minutes
1. Planning Board Regular Meeting Minutes of February 22, 2022:
Motion: Mr. Borges moved to approve the meeting minutes as presented. The motion was
seconded by Mr. Miller.
Vote: Yes 6, No 0 (None)
Mrs. Readon: Yes
Mr. Basu: Yes
Mr. Miller: Yes
Ms. Dodard: Yes
Mr. Borges: Yes
Ms. Bonich: Yes
The motion to approve the meeting minutes was unanimously approved by the Board.
VII. Future Meeting Date: April 12, 2022
VIII. Adjournment
The meeting was adjourned at 7:54 P.M.
14
15
MIAMI -DA DE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE :
Before the undersigned author ity personally appeared
GUILLERMO GAR CIA , who on oath says that he or she is the
DIRECTOR OF_ OPERATIONS , Legal Notices of the Miami Da ily
Bus iness Review f/kla Miam i Review , a da i ly (e xcept
Saturday , Sunday and Lega l Holidays) newspaper,
published at Miami in Mia mi-Dade County, Flori da ; thal the
attached copy of advertisement , being a Legal Advertisement
of Notice in the matter of
CITY OF SOU TH MIAMI· PUBLIC HEARINGS. APR. 19 , 2022
in the XXXX Court ,
was published in said newspaper by print in the issues of
and/or by publ ication on the newspaper's website , if
authorized , on
04/08/2022
Affiant further says that the newspaper complies with all
legal for publication in chapter 50 , Florida
Sw ·10 and subscribed before me this
8 day of APRI L, A.O . 2022
,<J.f~
GUIL LERMO GARCIA personally known to me
.. 0-.;~~,:~---. CH niSTINA LYNN RAVI X _ . .,&. ·.t,, :",/ ·=.~ Commission# GG 277771
\~-..... 0/f Ex pi res November 19, 2022
-~~r.!~••'' Bond ed Thru Troy Fain In sura nce 800-385-7019
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
In order to balance the need for the City of South Miami to function an d
conduct vital business during the C OVl D 19 pandemic and, at the same
time, to protect the health, safety an d welfare o f its citizen s , officers,
officials and administrative staff, and pursuant City of South Miami Code,
Chapter 286.011 , Fla. Stat, the City's Home Rule Powers, and City Manager's
declarat ion of a state of emergency due to the Coronavirus, the City will be
hold ing its City Commission Meeting live in chambers and VIRTUALLY through
communications media technology (CMl) until the state of emergency has
ended or social distancing is no longer required by any relevant Executive
Orders. All Commission members will participate in Chambers or by video
conferencing through the Zoom platfonn and members of the public may
join the meeting via Zoom at (https ://zoom .usfv3056636338) and participate .
At a minimum, at l east three members of the City Com mission will be
physically present in the City Commission Chambers 1 and they will be
broadcast on the Zoom platform along with all other members of the Commission,
City Staff and the public who may attend remotely from the Commission Chambers
and from other locations.
The meet ing Is scheduled to begin on Tuesda April 19, 2022, at 7:00 p.m.
to consider the following public hearing item(s):
A Resolut ion authorizing the City Manager to enter into a multi-year
piggyback agreem ent with Compuquip Technologies, LLC, for a
Fortinet firewall appliance for the South Miami Police Department,
onto a piggyback agreement with National Co operative Purchasing
,...,,All [ance.
16
.., ..
ci+y of South M iatni
An ordinance amending the City of South Miam i Land Development
Code Sections 20-2.3, 20-3.3(D), 20-3.4, 20-4.4 , 20-7.12(C), 20-9.4
and 20-9.6 amending the definitions and provisions related to
residential care type uses .
An ordinance amending the City of South Miami Land Development
Code Section 20-11.4 amending the provisions regarding certificates
of appropriateness and economic hardship and Section 20-6 .1
regarding Historic Preservation Board membership.
An Ordinance governing, defining; and proscribing panhandling to
be codified in Section 15-8 of the City of South Miami's Code of
Ordinances wh ich is currently reseived and prov iding a pena lty.
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, ail of which Is set forth in the meeting notice posted at City
Hall and at http://www.southmiamlfl.gov/580/Public-Meetings-Notices .
Anyone who wishes to review pending application, supporting documentation or
who desire to have documents made available for viewing by everyone during
the meeting must contact the City Clerk by calling 305-663-6340 .
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 cons idered 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 verbat im
transcript of the proceedings including the testimony and evidence upon
which the appeal is to be based.
ADA: To request a modification to a policy, practice or procedure or to
request an auxiliary aide or service in order to participate in a City program ,
activity or event, you must on or before 4:00 p.m. 3 business days before
the meeting (not counting the day of the meeting) deliver your request to
the City Clerk by telephone: 305-663-6340, by mall at 6130 Sunset Drive,
South Miami, Florida or email at npayn e@ southmiamifl.gov.
Nkenga A Payne, CMC, FCRM
City Clerk
1 The minimum standards for adopting a resolution or enacting an ordinance are
set forth In 166.041(4) -A majority of the members of the governing body shall
constitute a quorum. An affirmative vote of a majority of a quorum present is
necessary to enaGt any ordinance or adopt any resolution . -
4/8 22-132/0000590435M
SUNDAY APRIL 10 2022 NEIGHBORS ...................................................................................................13SE
17
~ ~~
I OHM
VILLAGE OF PINECREST
Public Notice
* Corrected Notice*
On Tuesday, Moy 10, 2022, al 7:00 p.m ., the Village Council will conduct the following Public Hearings lo be held al the
Pinecrest Municipal Center, Council Chamber, 12645 Pinecrest Parkway, Pinecrest, Florida :
Melissa Tapanes Llahues, Esq. (Applicant) and Gulliver Preparatory School, Inc. and Immanuel Presbyterian Church of
Miami, Inc. (Owners) are requesting approval of the following :
Hearing #2022-0510-1. A variance from the requirements of Division 6.3 .301.2 of the Village's land Development
Regulations (Floodplain Management Ordinance) lo allow construction of the finished floor of new approved occupiable
buildings al an elevation of 10.9 feel NGVD instead of 11.58 feet NGVD, and the finished floor of the approved parking
garage al 10.4 feet NGVD instead of 11 .58 feel NGVD as otherwise required; and
Hearing #2022-0510-2. A conditional use permit to allow placement of eight (8) portable classroom trailers on the north
side of the Gulliver campus for a period not lo exceed two (2) years. The purpose of the proposed temporary classrooms is
lo replace classroom space scheduled for demolition during Phase I of construction. No increase in the maximum permitted
student enrollment cap is proposed.
The subject property is located al 6491, 6575, 6605, 6675, 6545, and 6691 SW 88 Street, Pinecrest, Florida 33156
within the PS, Public Service zoning district.
Interested parties are invited lo appear in person or virtually and be heard -visit www.pinecrest-fl.gov/live for details. For
additional information, you may contact the Building and Planning Department by calling (305) 234-2121, via email al
planning@pinecrest-fl.gov, or writing lo the department al 12645 Pinecrest Parkway, Pinecrest, Florida 33156, where a copy
of the application is on file .
In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special
accommodations lo participate in this meeting because of that disability should contact the Village Clerk al 305-234-2121
not later than two business days prior lo such proceeding.
Should any person decide lo appeal any decision of the Village Council with respect lo any matter to be considered al this
meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon
which any appeal may be based (F.S. 286.0105).
www.pinecrest-fl.gov
CITY OF SOUTH MIAMI, FLORIDA
CITY COMMISSION
NOTICE OF PUBLIC HEARINGS
Priscilla Torres, CMC
Village Clerk
In order to balance the need for the City of South Miami to function and conduct ~tal business during the C0VI0 19 pandemic and, at the same time, to protect the health , safety and
welfare of its citizens, officers, officials and administrative staff, and pursuant City of South Miami Code, Chapter 286.011, Fla. Stat, the City's Home Rule Powers, and City Manager's
declaration of a state of emergency due to the Coronavirus, the City will be holding its City Commission Meeting live in chambers and VIRTUALLY through communications media
technology (CMn until the state of emergency has ended or social distancing is no longer required by any relevant Executive Orders . All Commission members will participate in
Chambers or by video conferencing through the Zoom platform and members of the public may join the meeting via Zoom at (https:Jlzoom.us/i/3056636338\ and participate. At a
minimum, at least three members of the City Commission will be physically present in the City Commission Chambers1 and they will be broadcast on the Zoom platform along with all
other members of the Commission, City Staff and the public who may attend remotely from the Commission Chambers and from other locations.
The meeting is scheduled to begin on Tuesday. AarH )9. 2022, at 7:00 a,m, to consider the following public hearing ttem(s):
A Resolution authorizing the City Manager to enter into a multi-year piggyback agreement with Compuquip Technologies , LLC, for a Fortinet firewall appliance for
the South Miami Police Department, onto a piggyback agreement with National Cooperative Purchasing Alliance.
An ordinance amending the City of South Miami Land Development Code Sections 20-2.3, 20-3.3(D), 20-3.4, 20-4.4, 20-7.12(C), 20-9.4 and 20-9.6 amending the
definitions and provisions related to residential care type uses.
An ordinance amending the City of South Miami Land Development Code Section 20-11.4 amending the provi~ons regarding certificates of appropriateness and
economic hardship and Section 20-6.1 regarding Historic Preservation Board membership.
An Ordinance governing, defining, and proscribing panhandling to be codified in Section 15-8 of the City of South Miami's Code of Ordinances which is currenUy
reserved and pr~ding a penalty.
If you desire to present evidence or you are unable to use Zoom, there are procedures to follow and other options available inciuding a dedicated phone line to l~ten and participate
in the meeting and limited public attendance, all of which is set forth in the meeting notice posted at City Hall and at http://www.southmiamifl.gov/580/Public-Meetings-Notices .
Anyone who w~hes to ~ew pending application, supporting documentation or who de~re to have documents made available for ~ewing by everyone during the meeting must
contact the City Clerk by calling 305-156:Hi340.
Note that pursuant to Florida Statutes 286.0105, a person who decides to appeal any decision made by a Board, Agency or Commission with respect to any matter considered
at its meeting or hearing, a record of the proceedings will be required for said appeal and such person will be required to have a verbatim transcript of the proceedings including
the testimony and evidence upon which the appeal is to be based.
ADA: To request a modification to a policy, practice or procedure orto 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 (not counting the day of the meeting) deliver your request to the City Clerk by telephone: 305-66:Hi340, by mail at
6130 Sunset Drive , South Miami, Florida or email at npayne@southmiamifl.gov.
Nkenga A. Payne, CMC, FCRM
City Clerk
1The minimum standards for adopting a resolution or enacting an ordinance are set forth in 166.041 (4) *** A majority of the members of the governing body shall constitute
a quorum. An affirmative vote of a majority of a quorum present is necessary to enact any ordinance or adopt any resolution. ***