Ord No 10-22-2431ORDINANCE NO.10-22-2431
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.
WHEREAS, the South Miami Land Development Code (LDC) provides standards and procedures
for the establishment and operation of the City's historic preservation efforts; and
· WHEREAS, the City's standards and procedures must comply with Miami-Dade County's
Municipal Historic Preservation regulations as codified in Chapter 16A-3.1 of the County code; and
WHEREAS, the Planning Department staff have discovered that South Miami's code does not
comply with the county requirements because it lacks a provision for an owner of a historic property
to be granted a certificate of appropriateness based on undue economic hardship; and
WHEREAS, South Miami's requirements for membership on the Historic Preservation Board do
not comply with the county standards; and
WHEREAS, after a public hearing on March 8, 2022, the Planning Board voted six (6) to zero (0)
to recommend approval of the ordinance; and
WHEREAS, the City Commission desires to amend the provisions regarding certificates of
appropriateness and membership on the Historic Preservation Board.
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. Land Development Code Section 20-11.4 is hereby amended to read as follows:
Sec. 20-11.4 Demolition of designated sites; demolition by neglectl aAd certificates of
appropriateness and undue economic hardship.
* * **
(E) Certificate of Appropriateness.
(1) Certificate Required as Prerequisite to Alteration, Etc. Pursuant to a recommendation by the
Planning and Zoning Director of the need for an appropriateness review, no building,
structure, improvement, landscape feature, or archeological site within the City of South
Miami which is designated pursuant to this Code shall be erected, altered, restored,
renovated, excavated, moved, or demolished until an application for a "Certificate of
Appropriateness" regarding any architectural features, landscape features, or site
Page 1 of 7
Ord. No. 10-22-2431
improvements has been submitted to and approved by the Historic Preservation Board or by
the City Commission upon appeal.
Architectural features shall include, but not be limited to, the architectural style, scale,
massing, siting, general design, and general arrangement of the exterior of the building or
structure, including the type, style and color of roofs, windows, doors and appurtenances.
Landscape features and site improvements shall include, but are not limited to, site
regarding, subsurface alterations, fill deposition, paving, landscaping, walls, fences,
courtyards, signs and exterior lighting.
No certificate of appropriateness shall be approved unless the architectural plans for said
construction, alteration, excavation, restoration, renovation, or relocation are approved by
the Historic Preservation Board or by the City Commission upon appeal. A certificate of
appropriateness requesting a demolition permit for a designated historic structure must
receive approval of the City Commission regardless of whether or not an appeal has been
filed.
(2) Standards for Issuance. The Historic Preservation Board shall adopt and may, from time to
time, amend the standards by which applications for any certificate of appropriateness may
be evaluated. In adopting these guidelines, it shall be the intent of the Board to promote
maintenance, restoration, adaptive reuses appropriate to the property, and compatible
contemporary designs that are harmonious with the exterior architectural and landscape
features of neighboring buildings, sites, and streetscapes. These guidelines may also serve as
criteria for the Planning and Zoning Director to make decisions regarding the need for an
application for a certificate.
(3) Procedures.
(a) An applicant for a certificate of appropriateness shall submit an application to the
Planning and Zoning Department and accompany such application with full plans and
specifications, site plan, and samples of materials as deemed appropriate to fully
describe the proposed appearance, color, texture, or materials, and architectural design
of the building and any outbuilding, wall, courtyard, fence, landscape feature, paving,
signage, and exterior lighting.
The applicant shall provide adequate information to enable visualization of the effect of
the proposed action on the applicant's building and its adjacent buildings and
streetsca pes.
If such application involves a designated archeological site, the applicant shall provide
foil plans and specifications of work that may affect the surface and subsurface of the
archeological site.
(b) The Historic Preservation Board shall review upon an application for a certificate of
appropriateness affecting designated properties at a public meeting. The Board may
approve, deny, or approve an application with conditions.
(4) Appeals from Board Decision.
(a) An applicant or any interested party may appeal to the City Commission within fifteen
(15) days, a certificate of appropriateness decision made by the Historic Preservation
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Ord. No. 10-22-2431
Board. The appeal shall be submitted to the City Clerk on a form provided by the City
Clerk.
The City Commission may approve, deny, or approve in modified form an application on
appeal, subject to the acceptance of the modification by the applicant, or suspend action
on the application for a period not to exceed thirty (30) days in order to seek technical
advice from outside its members or to meet further with the applicant to revise or
modify the application. Notice of the public hearing by the City Commission shall be
given to the applicant, property owner(s) and appellant by certified mail and to other
interested parties by advertisement in a newspaper of general circulation at least ten
(10) days prior to the public hearing.
(b) The decision of the City Commission on the appeal shall be issued in writing. Evidence
of approval of the appeal and the application shall be by certificate of appropriateness
issued in the form of a resolution of the City Commission.
(c) If the appeal is denied, or modification is recommended, the City Commission shall, to
the extent possible, make specific findings as to the reasons for denial and modification,
and recommend appropriate changes, if possible.
(S) Compliance of Work with Certificate Standards. All work performed pursuant to the issuance
of any certificate of appropriateness shall conform to the requirements of the certificate. The
City Manager shall designate an official to perform necessary inspections in connection with
enforcement of this chapter, who shall be empowered to issue a stop work, order if
performance is not in accordance with the issued certificate.
No work shall proceed as long as a stop work order continues in effect. Copies of inspection
reports shall be furnished to the City Manager and copies of any stop work orders shall be
furnished to both the Historic Preservation Board and the applicant. The designated official
shall ensure that work not in accordance with a certificate of appropriateness shall be
corrected to comply with the certificate of appropriateness prior to withdrawing the stop
work order.
(6) Emergency, Temporary Measures. For the purpose of remedying emergency conditions
determined to be dangerous to life, health, or property, nothing contained herein shall
prevent the making of any temporary construction, reconstruction, or other repairs to a
building or site, pursuant to an order of a government agency or a court of competent
jurisdiction.
The owner of a building damaged by fire or natural calamity shall be permitted to stabilize
the building immediately without approval and to rehabilitate it later under the normal
review procedures of this chapter.
(7) Undue Economic Hardship.
(a) Where. by reason of particular site conditions and restraints. or because of unusual
circumstances applicable solely to the particular applicant property. strict enforcement
of the provisions of section 20-11.4(E). pertaining to Certificates of Appropriateness.
would result in undue economic hardship to the applicant. the Board shall have the
power to vary or modify adherence to this Article; provided always that its requirements
Page 3 of 7
Ord. No. 10-22-2431
ensure harmony with the general purposes hereof and will not adversely affect the city
of South Miami.
(bl For purposes of this section. "undue economic hardship" means that denial of the
applicant's request would directly restrict or limit the use of real property such that the
property owner is permanently unable to attain the reasonable. investment-backed
expectation for the existing use of the real property or a vested right to a specific use of
the real property with respect to the real property as a whole. or that the property
owner is left with existing or vested uses that are unreasonable such that the property
owner bears permanently a disproportionate share of a burden imposed for the good of
the public.
(cl Failure to submit a claim of undue economic hardship within the timeframe required by
this section shall be construed as a waiver or forfeiture of any such claim as to the
subject application and shall preclude a party from claiming economic hardship during
any proceedings on that application.
(d) In any instance where there is a claim of undue economic hardship. the owner shall
submit. by affidavit. to the Board at least fifteen (15) days prior to the public meeting.
the following information:
(1) For all claims involving applications for demolition:
(i) The amount paid for the property. the date of purchase and the party from whom
purchased:
(ii) The assessed value of the land and improvements thereon according to the two (2)
most recent assessments:
(iii) Annual expenses on the property. including real estate taxes and insurance. for
the previous two (2) years;
(iv) Annual debt service, if any. for the previous two (2) years:
(v) All appraisals obtained within the previous two (2) years by the owner or applicant
in connection with his purchase. financing or ownership of the property;
(vi) Any listing of the property for sale or rent. price asked and offers received. if any:
(vii) Any consideration by the owner as to profitable adaptive uses for the property:
(viii) All cost estimates or reports relating to the demolition of the property obtained
within the previous two (2) years;
{ix) All cost estimates or reports relating to the rehabilitation or restoration of the
property obtained within the previous two (2) years:
(x) All reports relating to the engineering. architectural. or construction feasibility of
rehabilitating or restoring the property obtained within the previous two (2) years:
{xi) All reports relating to the economic feasibility of restoring or rehabilitating the
property obtained within the previous two (2) years. including market studies; and
Page 4 of 7
Ord. No. 10-22-2431
(xii) A statement as to whether the property is the applicant's homestead, which may
be demonstrated by presenting a current Homestead Tax Exemption issued pursuant to
Chapter 196, Florida Statutes.
(2) For all claims involving applications for rehabilitation. restoration, or repairs:
(i) At least two (2) cost estimates from a licensed contractor or professional company
for the work which is the basis of the claim:
(ii) At least two (2) cost estimates for the materials or alternatives preferred by
applicant:
(iii) If applicable, a statement from the insurance company as to what costs would be
covered;
(iv) A statement providing the annual income and expenses of the property owner or
business owner of that property for the preceding year, including insurance and
property taxes.
(3) For income-producing properties, applications shall also include the following
information:
(i) Annual gross income from the property for the previous two (2) years:
(ii) Itemized operating and maintenance expenses for the previous two (2) years: and
(iii) Annual cash flow, if any. for the previous two (2) years.
(e) The Board may require that an applicant furnish such additional information as the
Board believes is relevant to its determination of undue economic hardship. The owner
shall permit access to the subject property for the purpose of inspections and/or
appraisals required by the board or preservation officer. In the event that any of the
required information is not reasonably available to the applicant and cannot be obtained
by the applicant, the applicant shall file with his affidavit a statement of the information
which cannot be obtained and shall describe the reasons why such information cannot
be obtained.
(f) In addition to all other provisions of this Chapter. the Board shall consider the following
in evaluating economic hardship claims:
(1) Whether a reasonable effort has been made to market or sell the property:
(2) Whether estimates that have been given for rehabilitation or restoration are
substantiated by qualified professionals. and whether more than one has been
provided:
(3) Whether the building passed its 40-year recertification or any structural
investigations have been performed in the last five (5) years on the property:
(4) Whether any legally binding contracts are pending on the subject property;
(5) Whether the cost of renovation, rehabilitation or preservation will be greater than
the assessed val~e of the property:
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Ord. No. 10-22-2431
(6) Whether records have been provided of any maintenance or repairs performed, or
lack thereof, which would indicate that there has been deferred maintenance on the
property: and
(7) Whether. for condominium or cooperative ownership properties, monthly
maintenance fees have been collected. and whether any special assessments have been
approved in the last five (5) years for particular projects.
Section 3. Land Development Code Section 2O-6.l(D) is hereby amended to read as follows:
(1) Establishment and Membership.
(a) A Historic Preservation Board is hereby created which shall consist of nine (9) members
who reside or work in the City.
i. Each City Commissioner shall appoint one person to serve as a representative on
the Board, and all remaining members of such Board or committee in excess of five
(5) shall be appointed by three (3) affirmative votes of the City Commission based
on nominations submitted by any City Commissioner. Reappointments and/or
replacements are to be made in the identical manner as the original appointments.
Reappointments and/or replacements are to be made in the identical manner as
the original appointments if the entire Board is to be replaced, otherwise, any
commission member may nominate a member for a vacancy by way of a proposed
resolution.
ii. All members shall be familiar with the purposes of preserving and protecting
districts, structures or sites having historic or archeological worth.
iii. Board membership shall include two (2) not less than one (1) registered architect
licensed to practice in the State of Florida. If it is determined by the city commission
that the positions of architect cannot be filled by a qualified individual who resides
or works in the city, the residency requirement may be waived by the commission
and the position of architect may be filled by a qualified individual who does not
reside or work in the city. If an architect cannot be appointed. then an architectural
historian shall be appointed. The Board shall include one (1) member who is a
licensed Florida attorney ("attorney/member"). If it is determined by the City
Commission that the position of attorney cannot be filled by a qualified individual
who resides or works in the city, the residency requirement may be waived by the
commission and the position of attorney may be filled by a qualified individual who
does not reside or work in the city. If the City cannot locate a qualified attorney
who is willing to sit on the Board, then the City Commission may fill the
attorney/member seat by appointing 3R'fORe else wl=lo is otl=lerwise qualifieet to lae
a FReFRlaer of tl=le Boaret a real estate professional. Other board members shall
consist of historians. art historians. engineers. archaeologists. owners of historically
designated sites or properties within historic districts, or other individuals from the
business. financial. or other segments of the community who. by virtue of their
Page 6 of 7
Ord. No. 10 -22-24 3 1
profession s, community involvement. or businesses, demonstrate knowledge of or
concern for historic preservation.
iv. Members sha ll serve for a term of t wo (2) years.
Section 4. Cor re ctions. Conforming language or technical scrivener-type corrections may
be m ad e by the City Atto rney for any conforming amendments to be incorporated into t he final
o rdinan ce for signature.
Section 5. Cod ification. The provisi ons of this ord i nance are to become and be made part
of the City of So uth Miami Cod e of Ordinances as amended; the sect ions of this ord inance may be
renumbe r ed o r re-lettered to accomplish such in tenti on; and the word "ordin ance" may be cha nge d
to "sectio n" or oth er appropriate word.
Section 6. Seve rability. If any section, clause, sentence, or ph r ase of t hi s o rdinan ce is for
any reason held invalid or u n constitutiona l by a court of competent ju risdict ion, this h ol d ing will not
affect the val idity of the remain in g portions of this ordinance.
Section 7. Ordi nances in Conflict . Al l ordi n ances o r parts of ord i nances and all sections and
parts of o rdin ances in direct con fli ct herewith are h ereby repealed.
Section 8. Effe ct ive Date . T his ordinance is effective upon enactment.
PASSED AN D ENACTED TH IS 19th day of April , 2022.
ATTEST:
1st Reading: 4/5/22
2 nd Read in g: 4/19/2 2
READ A ND APPROVED AS TO FORM,
LANGUAGE, LEGALI TY AND
EXECUTION THEREO F:
;zs~a
Pag e 7 o f 7
APPROVED:
COMMISSION VO TE:
Mayor Philips:
Commissioner Co rey:
Co mmissioner Gi l:
Commissioner Harris:
Commissioner Liebma n:
5-0
Yea
Yea
Yea
Yea
Yea
Agenda Item No:6.
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 Section 20-11.4 amending the
provisions regarding certificates of appropriateness and economic hardship and Section 20-6.1 regarding
Historic Preservation Board membership. 3/5 (City Manager-Planning Dept.)
Suggested Action:
Approval
Attachments:
Cover Memo re HPB.docx
HPB_membership_economic_hardship_amendments.docx
PB-22-006 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 & 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 Section 20-11.4
amending the provisions regarding certificates of appropriateness and economic hardship
and Section 20-6.1 regarding Historic Preservation Board membership.
BACKGROUND:
The Land Development Code (LDC) includes provisions for the preservation of historic sites
through a program whereby such properties are evaluated for their historic significance and then
designated by the City Commission as historic landmarks or districts. Once a property is
designated all exterior repairs and improvements must be approved by the Historic Preservation
Board (HPB) through an application process called a Certificate of Appropriateness (COA).
The City’s historic preservation ordinance must adhere to minimum standards adopted by Miami
Dade County.Failure to maintain compliance with the County requirements can result in the City
losing its authority over historic preservation and returning jurisdiction to the County. It has
come to staff’s attention that the South Miami ordinance doesn’t comply with two of the
County’s standards: (1) a requirement that the board can consider economic hardship when
reviewing a COA application; and (2) that the board be made up of individuals with certain
qualifications. The proposed ordinance will resolve those deficiencies and bring the LDC into
compliance with the County requirements.
ANALYSIS:
The proposed ordinance establishes the required economic hardship provisions and revises the
membership qualifications. The economic hardship provisions allow the board to vary or modify
the requirements for exterior improvements.Forexample, a hardship claim might be made if the
standards required a certain roof material,and the property owner wished to use a less expensive
material. If the owner can show that it would be an undue economic hardship to use the more
expensive material, the board could approve the other material.
Provisions for the documentation needed to support the claim, the procedures to be followed,
and other criteria the board can consider in deciding a claim are also included in the ordinance.
The proposed language is nearly identical to the county code.
2
Amendment re HPB
April 5, 2022
Page 2 of 2
The ordinance also makes several changes to LDC Sec. 20-6.1(D) which provides requirements
for membership on the Historic Preservation Board:
1.The LDC requires the board include two registered architects licensed to practice in the
State of Florida. Since the County only requires one, and finding people willing to join the board
has been difficult, staff suggests reducing the required number to one.
2.If an architect cannot be appointed, the County allows that position to be filled by an
architectural historian instead. Staff recommends incorporating this option.
3. A qualified attorney is required for the board, and the LDC currently allows as an
alternative “anyone else who is otherwise qualified to be a member of the Board”. The County
code allows only real estate professionals to substitute for attorneys, so this change will be made.
4. The County code lists other occupations that should be represented such as engineers
and archeologists; these will be added to the South Miami code, too.
5.At the recommendation of a HPB member, the ordinance also adds owners of historically
designated propertiesto the list of qualification for membership.County staff confirmed that the
municipal ordinance can add additional requirements but cannot be less restrictive than the
county code.
The changes identified above will bring the historic preservation ordinance into compliance with
the County requirements and ensure that the City retains jurisdiction over the program.
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
City of South Miami which is designated pursuant to this Code shall be erected, altered, 42
restored, renovated, excavated, moved, or demolished until an application for a 43
"Certificate of Appropriateness" regarding any architectural features, landscape 44
features, or site improvements has been submitted to and approved by the Historic 45
Preservation Board or by the City Commission upon appeal. 46
Architectural features shall include, but not be limited to, the architectural style, scale, 47
massing, siting, general design, and general arrangement of the exterior of the building 48
or structure, including the type, style and color of roofs, windows, doors and 49
appurtenances. Landscape features and site improvements shall include, but are not 50
limited to, site regarding, subsurface alterations, fill deposition, paving, landscaping, 51
walls, fences, courtyards, signs and exterior lighting. 52
No certificate of appropriateness shall be approved unless the architectural plans for 53
said construction, alteration, excavation, restoration, renovation, or relocation are 54
approved by the Historic Preservation Board or by the City Commission upon appeal. A 55
certificate of appropriateness requesting a demolition permit for a designated historic 56
structure must receive approval of the City Commission regardless of whether or not 57
an appeal has been filed. 58
(2)Standards for Issuance.The Historic Preservation Board shall adopt and may, from time 59
to time, amend the standards by which applications for any certificate of 60
appropriateness may be evaluated. In adopting these guidelines, it shall be the intent 61
of the Board to promote maintenance, restoration, adaptive reuses appropriate to the 62
property, and compatible contemporary designs that are harmonious with the exterior 63
architectural and landscape features of neighboring buildings, sites, and streetscapes. 64
These guidelines may also serve as criteria for the Planning and Zoning Director to make 65
decisions regarding the need for an application for a certificate. 66
(3)Procedures.67
(a) An applicant for a certificate of appropriateness shall submit an application to the 68
Planning and Zoning Department and accompany such application with full plans 69
and specifications, site plan, and samples of materials as deemed appropriate to 70
fully describe the proposed appearance, color, texture, or materials, and 71
architectural design of the building and any outbuilding, wall, courtyard, fence, 72
landscape feature, paving, signage, and exterior lighting. 73
The applicant shall provide adequate information to enable visualization of the 74
effect of the proposed action on the applicant's building and its adjacent buildings 75
and streetscapes. 76
If such application involves a designated archeological site, the applicant shall 77
provide foil plans and specifications of work that may affect the surface and 78
subsurface of the archeological site. 79
5
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-22-006
Applicant: The City of South Miami
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.
Applicant: The City of South Miami, represented by Ms. Jane Tompkins, AICP (Planning Director)
Ms. Bonich read PB‐22-006 into the record.
Ms. Tompkins presented the item to the Board.
Mr. Borges asked if it was a conflict of interest if an owner of a historically designated property
serves on the Board. Ms. Tompkins responded that if the property owner had any applications on
the agenda for review, they would be required to recuse themself from the discussion. Ms. Bonich
asked why the City wouldn’t want to stay with regulations that are like Miami-Dade County
instead of adding regulations that might cause problem later. Ms. Tompkins responded that by
adding this requirement, it opens the door to more people who could serve on the Board.
Ms. Bonich asked where the City’s historically designated properties are located, to which Ms.
Tompkins provided her and the Board with areas in the City where the properties are located.
Mr. Miller asked how many members are needed for the Historic Preservation Board, to which
Ms. Tompkins responded that the Historic Preservation Board can have up to nine (9) members.
Mr. Miller then asked what the quorum would be, to which Ms. Tompkins responded that it is
three (3) members.
Mr. Miller asked if there is an overlap of membership between the Environmental Review &
Preservation Board and the Historic Preservation Board, to which Ms. Tompkins stated no.
Mrs. Readon asked what the current number of members was for the Historic Preservation Board,
to which Ms. Tompkins responded that there are five (5) members.
Mr. Miller asked if the main priority for the item was to make sure that the City’s regulations were
not in conflict with the County’s regulations, to which Ms. Tompkins agreed.
Ms. Readon asked a property would be historically designated. Ms. Tompkins gave a brief
explanation of the process to the Board.
The Chairperson opened the floor to public comments on PB‐22-006.
• None
The Chairperson closed the floor to public comments on PB‐22-006.
13
3
With no further discussion, the Board made a motion on the item.
Motion: Mr. Borges moved to approve PB-22-006. 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 PB-22-006 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
14
4
VIII. Adjournment
The meeting was adjourned at 7:54 P.M.
15
16
MIAMI -DA DE
STATE OF FLORIDA
COUNTY OF MIAMI-DADE :
Before the undersigned authority 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 Miami Review , a da ily (except
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 Insura 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 and
conduct vital business during the COVl D 19 pandemic and, at the same
time, to protect the health, safety and welfare o f 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
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 least 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.
17
.., ..
ci+y of South M iatni
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 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 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 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 pres ent is
necessary to enaGt any ordinance or adopt any resolution . -
4/8 22-132/0000590435M
SUNDAY APRIL 10 2022 NEIGHBORS ...................................................................................................13SE
18
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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. ***